HomeMy WebLinkAboutCC 1975-01-23 MinutesMIAMI
Y
I NCORP ()HA'TEI)
18 96
Es
COMMISSION
MINUTES
January 23, 1975
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
ITEM NO
INDEX
MINUTES OF REGULAR MEETING
CITY COMWSION OP MIAMI, FLORIDA
SUBJECT
ORDINANCE OR
RESOLUTION NO
PAGE NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
PERSONAL APPEARANCE, MEMBERS OF LIONS CLUB REQUESTING
RENTAL FEE WAIVER AT MARINE STADIUM FOR CARNIVAL
CONDITIONAL USE -DRIVE IN TELLERS, LOTS 1, 2, 3 BLOCK
1-SHENANDOAH 8090; SOUTHEAST NATIONAL BANK OF CORAL WA!
VARIANCF REQUEST, VACATE ALLEY-MICANOPY WOODS, 1800
MICANOPY AVENUE '
DREDGE PERMIT_LOTS 53 THRU 62 BISCAYNE BAY ADJACENT TO
FLAGLER MARY BRICKELL (5-44) PROPOSED MARINA
RECOGNITION OF SEVERAL STUDENT GROUPS, QUESTION AND
ANSWER PERIOD AND INTRODUCTION OF CITY OFFICIALS
QUESTIONS ON PROPOSED ORDINANCES -GENERAL CONTRACT
PROCEDURES
REDUCE ZONED STREET WIDTH-COACOOCHE1: STREET
AMEND ORDINANCE 8305 OF FEDERAL REVENUE SHARING FUNDS
"CALL -IN-SERVICE" FOR REMOVAL OF BLIGHTED PALMS
PERSONAL APPEARANCE OF MR. SOL MEYERSON TO REQUEST
ENLARGEMENT OF "MIAMI FASHION DISTRICT"
PERSONAL APPEARANCE -HENRY GIVENS, CHAIRMAN, MINORITY
BUSINESS OPPORTUNITIES COMMITTEE, FEDERAL RESERVE BOARI
PERSONAL APPEARANCE, MR. WILLIAM GAGE & MR. RICHARD
PEARSON-DISCUSSION OF MORE POLICE PROTECTION IN THEIR
BUSINESS AREA OF N.W. 7TH AVE AND 46 STREET.
12. PERSONAL APPEARANCE OF ATTORNEY LEO BARKETT & PASTOR
OF ST. KIERNANS CHURCH REGARDING CARNIVAL AT MARINE
STADIUM AND PROTESTING COMMISSION ACTION EARLIER THIS
MEETING.
13. TOROS SOCCER LEASE AT THE ORANGE BOWL STADIUM,
RENEGOTIATE AGREEMENT
14. RECEIVE, OPEN, TABULATE BIDS FOR ORANGE BOWL WAREHOUSE
REVENUE BONDS.
15. AWARD BID-$225,000 ORANGE BOWL WAREHOUSE REVENUE
BONDS, SERIES 1974
16. ORANGE BOWL IMPROVEMENTS
17. AFRICAN SQUARE PROJECT -AUTHORIZE CITY MANAGER TO
DEVELOP TRI-PARTY AGREEMENT FOR ACQUISITION OF PROPERT
AND RELOCATION OF PERSONS AFFECTED.
18, AMEND PAR. 1, SECTION 16-20 OF ThE CODE, GENERAL
CONTRACT PROCEDURE EXPENDITURES, ESTABLISHING CEILING
OF $4,50040
19, AMEND SEC. 16-21 OP THE CODE, METHOD OF SECURING COM-
PETITIVE $IDDING ON CONTRACTS FOR MORE THAN ONE THOUS-
AND DOLLARS REQUIRING ADVERTISEMENTS FOR A CEILING
OF CONTRACTS MORE THAN $4500.00
20, AMEND SEC, 16-25 OF THE COPE, OPEN MARKET PURCHASES
ESTABLISHING A NEW CEILING OF $4,500,00
DISCUSSION
MOTION
DISCUSSION
MOTION
M 75-74
R 75-75
DISCUSSION
DISCUSSION
8345-A
8346
DISCUSSION AND
WITHDRAWAL
DISCUSSION
DISCUSSION
M •75-76
M 75-77
R 75-78
R 75-79
DISCUSSION
M 75-80
8347
8348
8349
1-2
2-5
5-7
7-9
10-14
14-15
15
16
16-19
20-21
21-24
24-25
26
26-27
27
28-29
29
30
30
31
ITEM NO
21,
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39,
40,
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI' FLORIDA
SUBJECT
PERSONAL APPEARANCE, MORTY FREEDMAN -REQUEST STORAGE OF
PLANE AT FORMER COAST GUARD PROPERTY "MIAMI-SPIRIT OF
76" SOLO PLANE FLIGHT AROUND THE WORLD.
PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION,
KEYS TO THE CITY.
PUBLIC HEARING-CLAUGHTON ISLAND, DEFERRAL TO FEBRUARY
12, 1975.
PERMIT COFFEE SHOP -CENTRAL SHOPPING PLAZA, TRACT "A"
FORMAL PRESENTATION OF NEW CHIEF OF POLICE AND ASSIST-
ANT CHIEF OF POLICE TO THE CITY COMMISSION.
PERSONAL APPEARANCE; ATTORNEY GUY BAILEY AND JOHN
SOMMBERG TO DISCUSS BALL POINT PROPERTY AND POSSIBLE
CITY OWNERSHIP OF PORTIONS OF THE TRACT.
RAPID TRANSIT CORRIDOR -APPEARANCE BY KAISER ENGINEERS,
BOB KUNST AND PRESENTATION BY PLANNING DEPARTMENT
CARNIVALS BOOKED FOR MARINE STADIUM, CONFLICTS E.ETWEEN
LIONS CLUB AND ST. KIERNANS CHURCH (Cont'd Item #1)
PERSONAL APPEARANCE -MR. ROBERT PAULK, CIVIL SERVICE
BOARD DETERMINATION OF DATE FOR RESULTS OF SERGEANTS
AND LIEUTENANTS EXAMINATION AND POSTING OF RESULTS AT
POLICE STATION.
CONTINUATION OF STREET LIGHTING PROGRAM UNTIL TERMIN-
ATION OF PENDING LITIGATION.
PENSION ORDINANCES -"A", "B", "C", "D", "F", "G", "H",
"I", "J", "K", "L", ''M'', "N".
AWARD BID -EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES GROUP INSURANCE COVERAGE FOR CITY
EMPLOYEES.
ACCEPT COMPLETED WORK-KENNEDY PARK COMFORT STATION
APPOINT MEMBERS, ENVIRONMENTAL PRESERVATION REVIEW
BOARD
APPROPRIATE $4,500 - 2 FLOATING DOCKS TO BE USED AT
MARINE STADIUM
AWARD BID - FOOD FOR 3 DAY CARE CENTERS,
PROVIDE FOR SALE OF $8,000 POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS, $5,000 SANITARY
SEWER BONDS, $3,000 STREET AND HIGHWAY IMPROVEMENT
BONDS AND $3,000 STORM SEWER IMPROVEMENT BONDS.
EXPRESS OBJECTION-U.S. DEPARTMENT HOUSING & URBAN
DEVELOPMENTS POLICY PROHIBITING CONSTRUCTION OF FEDER-
ALLY SPONSORED PUBLIC HOUSING, ETC.
APPCINT WILLIAM LANCER AS MEMBER OF COMMITTEE TO
ASSIST EX -OFFENDERS
WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM 13th ANNUAL
FOWLING TOURNAMENT OF THE AMERICAS:
ORDINANCE OR
RESOLUTION No PAGE N0,
M 75-81
DISCUSSION
R 75-82
M 75-82A
DISCUSSION
M 75-83
DISCUSSION
M 75-84
FIRST READING
R 75-85
R 75-86
M 75-87
8350
R 75-88
R 75-89
R 75-90
R 75-91
R 75-92
31-34
34
34-35
36-37
38
39-42
43-51
52-56
56
57-58
59-87
88-90
90-91
91-92
93
93
94
94
95
95
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
ITEM NO
INDEI
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
SUBJECT
WRITE OFF UNCOLLECTIBLE PERSONAL PROPERTY TAXES.
CLAIM SETTLEMENT - JOSEPH JANJI
AWARD BID —PHOTOGRAPHIC FILM, PAPER, CHEMICALS,
BATTERIES, ETC.
APPROVE REDESIGN OF EXISTING RIGHT OF WAY, MICANOPY
AVENUE
NEGOTIATE AGREEMENT —ACQUISITION OF PROPERTY AND RELOCA
TION OF INDIVIDUALS TO COMPLETE AFRICAN SQUARE.
CONDITIONAL USE, DRIVE IN TELLER FACILITY LOTS 1,2,3
SHENAMOAH (8-90) SOUTHEAST NATIONAL BANK OF CORAL
WAY 1699 S.W. 22 STREET, DRIVE IN AT 1698 S.W. 8 STR. R 75-98
CONDOLENCES, DEATH OF ROBERT MORGAN. R 75-99
ORDINANCE OR
RESOLUTION NO PAGE NO
R 75-93 96
R 75-94
R 75-95
R 75-96
R 75-97
STUDY PROPOSAL OF NEW CITY HALL —MR. SOL MEYERSON. R 75-100
INCREASE NUMBER OF MEMBERS OF THE YOUTH ADVISORY BOARD R 75-101
SPONSORING SOUTH FLORIDA COUNCIL POLITICAL SCIENCE
EXPLORERS POST #250 R 75-102
EXECUTE AGREEMENT: MR. RICK SISSER AS LEGISLATIVE
LIAISON REPRESENTATIVE IN TALLAHASSEE DURING LECIS—
LATURE SESSIONS. R 75-103 101
96
97
97
98
98
99
99
100
101
ADJOURNMENT***********************err*************** ***************** • ***,r*, ****
MINUTES OF REGULAR IrING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
***. * * * * * *
1975
ON THE 23 DAY OF .JANUARY ,THE CITY COMMISSION OE MIAMI, FLORIDA MET
AT ITS EGULAR MEETING PLACE IN THE ITY HALL, 500 VAN AMERICAN IVE,
MIAMI, fLORIDA, IN REGULAR SESSION.
THE MEETING WAS CALLED TO ORDER AT 9:00 O'CLOCK A.M. BY VICE itAYOR
PLUMMER WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT:
I SS IONER MANOLO REBOSO
ISS1,jONER ROSE GORDQN
COMMISSIONER ,(REV.) MEOW/RE ARE K. GIBSON
VICE MAYOR J. L. F'LJT1ER
ABSENT: MAYOR MAURICE A. FERRE
ALSO PRESENT:
P. W, ANDREWS, CITY MANAGER
A. P. CRowcH, ASSIS ANT CITY MANAGER
JOHN J, LLOYD, Lily A RNEY
H DI SOUTH RN, CITY LERK
RALPH b, UNGIE, ASSISTANT ITY 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,
VICE MAYOR PLUMMER ANNOUNCED THAT MAYOR FERRE WAS CALLED OUT OF TOWN
DUE TO AN EMERGENCY AND WOULD NOT BE PRESENT FOR ANY PORTION OF THE MEETING,
It was further announced that Mrs. Gordon would be detained for a short time
but would attend the meeting later.
4),) PERSONAL APPEARANCE - MEMBERS OF LIONS CLUB REQUESTING RENTAL FEE WAIVER
AT MARINE STADIUM ETC, FOR CARNIVAL;
1. SEE LETER DISCUSSION REGARDING THIS SUBJECT.
Mr. Plummer: We have a request of the Lions Club to stage a carnival, two
carnivals at the Miami Marine Statium. Have you talked with the Manager
yet on this Leo?
Unidentified Person: No we talked with Mr. Courh, we didn't want to bother -
Mr. Plummer: And all you are asking for this morning is the waiver?
Mr. Andrews, do you wish to speak to this matter?
Mr. Andrews: Yes, 1 recognize that the City Commission waives these fees
and they are for a good community purpose but I can only recommend that
we continue to charge the fees. There is no controlling and 1 understand
the Commission has a great deal of latitude in its wisdom ;It arriving at these
decisions but my recommendation to the Commission is that we start charging
the fees at these locations and release this property without any charge.
It does constitute some costs to the City in assisting in making the land
available either at the Marine Stadium or at the Baseball Stadium Parking Lot.
Mr. Plummer: Well Leo you are asking for the rental to be , you
are not asking for the cleanup crews?
Unidentified person; No, we always do that, Vice Mayor, may I point out
to the Commission that we are only using the parking lot, we are not using
the stadiums at all,
JAN 1975
Mr. Leon Steinman: NOTE: This person did not identify himself on the record
at this tithe but this matter was discussed again later in this meetings
See minute item #28.
Mr, Plummer: What dates are involved?
Mr. Steinman: First dates are January 30, 31, February 1 and 2 and down at
the Marine Stadium, its February 6, 7, 8, 9.
Mr. Plummer: Mt. Manager, have you cleared that there is no conflict in these
dates?
Mr. Andrews: I understand that there is no conflict.
Mr. Plummer: Mr. Manager, I agree with you and let me say this and I am going
to propose to you, not this morning but at a later time that we have these
requests for waiver of fees on a percentage of their gross and excess profit
which I think is only fair, but I dontt think its fair this morning to try to
impose upon this group that they should be held up to come under that kind of
a classification this morning. Leo, you would be aware that any costs incurred
by the City, we do not waive, but the rental, we can. Now if any of the
Commission is so inclined to waive the rental, the fees as established some time
ago are payable in advance.
Rev. Gibson: I move.
Mr. Reboso: Second.
Mr. Plummer: For the dates of January 30, 11, February 1 and 2 at the Baseball
Stadium. February 6, 7,8,9 at the Marine Stadium Parking Lot. It is agreed
by the applicant that they will pay all tees incurred and that they will comply
with the necessary provisions set forth in the charter for carnivals.
Hearing no discussion, Mr. Clerk, will you rail the roll please.
Thereupon a MOTION as reflected above was passed and adopted with the
following members of the Commission present:
Commissioner Manolo Reboso
Commissioner Rev.Theodore Gibson
Vice Mayor J. L. Plummer
Absent: Mrs. Gordon and Mayor Ferre.
Mr. Steinman: On behalf of the Lions Club and the Blind of this community,
we say thank you and God Bless you.
AT THIS TIME, THE COMMISSION was ready to consider agenda items 3, 4"A" and 4"B"
and the applicants involved failed to appear.
(12 2, CONDITIOPAL USE- DRIVE IiN TELLERS- LOTS 1, 2, 3, BLOCK 1-SHEE ND0AH 8-90
SOUTHEAST NATIONAL BANK OF CORAL WAY
Vice -Mayor Plummer announced that the Commission was now ready to hear any ob-
jections to Agenda Item # 5, 1698 S.W. Sth Street.
NO OBJECTORS APPEARED.
Rev. Gibson: Mr. Vice -Mayor, I would like to ask a question so we could hope-
fully speed up. The Planning Department recommended denial, the Zoning Board
did. Why?
Mr. Plummer: Mr. Acton, Father Gibson asked why.
Mr. Acton: The plans for the widening of S.W. 17th Avenue would take away
some 50 or 60 foot off of tho applicants property plus; the plans also indicate
that tho traffic in and out of thei parr t i.•ul tr property which uses a drive-in
facility would create trafric congestion .,n the corner of the Trail and i7th
Avenue plus the fact that we have born, ,<': the Commission knows, working with
the Little Havana Area in trying to create a pedestrian oriented environment
for the length of Trail that extends ri•jht through this area. For these reasons
we denied the application and of course the Zoning Board also denied the applica-
ton.
Mr. Plummer: Father, does that answer your question?
Rev. Gibson; I don't understand by the widening of the street, I went there
and I was a Little,,..
JAN 231975
Mr. Reboso: He's referring to S.W. 17th Avenue.
Rev. Gibson: I know but I noticed that 17th Avenue is widened up to S.W. 1st.
Is that right?
Mr. Acton: That is coirect.
Rev. Gibson: Now
Mr. Plummer: No, Father. Look here, this will tell you, Yod want to look
over here. First Street is widened presently from S.W. 1st Street north.
Now let me tell you Father, I talked with the people from the bank and the
problem is here on 17th Avenue. Now I asked the people at the bank and George,
are you hearing me? I asked'them would they be agreeable, this is a plaza, an
open plaza, that they would submit to us a letter that they would give us no
static or hastle if the day comes that they will dedicate this without any
problem and the answer was yes.
Rev. Gibson: Yes, I know that out in our area the church wanted to do some
building and I was going to say well why don't they post a bond or something
and let them do it.
Mr. Plummer: Right, well that's the important thing. Sandy, go ahead, for the
recore if you will state your name and address and be brief as possible.
Mr. Sandy D'Alemberte: I'm with the firm of Steele, Hector and Davis here
representing Southeast Bank of Coral Way and Southeast Properties.
INAUDIBLE
Mr. Plummer: Let me get some of this on the record here. George, here was
my question. You're talking about widening 60 feet but you're not going to
take 60 feet off of one person's property, are you? Well that's unfair. In
other words you're only taking it off of the east side and nothing off of the
west?
Mr. Andrews: It's the County that's doing that, not the City.
Mr. Plummer: I'm glad to hear it's the County unfair and not the City. It's
still unfair. George, how long is that going to be? All right, wait a minute.
We're being unfair to the applicant. Sandy, go ahead and make your statement.
Mr. D'Alemberte: Mr. Mayor, I understand the objection: to the future
plans of 17th Avenue. Now if I can make just a brief presentation as to that,
we have a right to go in there on this quarter of a million dollar piece of
property and build a building. Insteact of that, we propose to put in what
I hope you'll find from the site plan a very attractive open space and plaza
area. That is much easier if the County ever goes through with its plans, and
I've heard an awful lot of talk over ttie years about 17th Avenue and it has not
yet occured. If it does happen we've got an area that is easy to condemn. Mr.
Mayor, I want to make sure that there is no misrepresentation to you. I don't
believe that we've talked in terms of dedication but we have talked in terms of
keeping the space available, the necessary property available.
Mr. Plummer: Sandy, excuse me for my very bady terminology, I did not mean
that you would give the property free of charge but that the day that they come
and make demands that you're agreeable that they will give and sell the property
to the widening.
Mr. D'Alemberte: We're entirely sympathetic with both objectives that the City
planners have stated. (1) the widening of 17th Avenue and we understand that when
that happens the plan we now propose is more compatible with that than any other
possible use of this property. And if the City decides that it wants in lieu of
the open space and garden space that we've got on this site plan, if they want
to have that as an area for streets then we're cooperative with that. On the
other hand we think that until that happens this site plan is very compatible
with the Commission's ambitions in the development of the area from 12th to
17th.
Mr. Plummer; Sandy, that comes under the category of an offer you can't refuse.
Mr. Andrews; Mr. Vice -Mayor and members of the Commission, what 1 think you
should get into the record from the applicant is that when the County attemps
to acquire the 60 feet in width that you recognize that there are two elements
0
JAN 231975
that we're talking about. One is the actual taking of a piece of property
and paying for it and the other is potential severance costs related to the
operation of this business. And what I would like to heat is that they ate
saying that the County will only be burdened with taking the property that
they are not goihg to claim any severance damages to the operation of this
activity as the result of the taking of that 60 feet.
Mr. Plummer: I think that is reasonable. Sandy, do you want to; in other
words what he is saying is tliat if we denied you today for all practical
purposes the County could take that property at a much reduced price, that
when we grant this today we want to make sure that the bank is not going to
make demands for a higher price because it is now improved.
Mr. Andrews: And it affects the operation of the bank in such a way that it
detracts from the total operation and they suffer businesswise because the
60 feet is taken. The City is constantly faced with this when we take property,
partial property from business people or private homeowners we pay for the cost
of the property and then there is an added cost because we're doing injury to
the balance of the property that is left.
Mr. Reboso: Mr. Vice -Mayor, I for one, I don't think that the County is goihg
to have the money to make the condemnation on 17th Avenue and take all of this.
Mr. Acton, this is 17th Avenue from where? Flagler, from S.W. 8th Street to
Flagler?
Mr. Acton: I can't answer that question. I think it is from Flagler
Mr. Plummer: From South Dixie Highway to S.W. First Street.
Mr. Reboso: I don't think it is.
Rev. Gibson: Man,
Mr. Reboso: One think I would like to ask, Sandy, if this future land could
be eliminated and the bank just made 5 lanes hero and displace the hank to
the east
Mr. D'Alemberte: Yes, I think that would work out and I've gotten approval
here in this meeting to accede to that request. As :o the severance damage
point I don't want to mislead the Commission. I'm not in a position today
to waive any future costs. I do not think, the history of the Southeast
Properties has been a history of unreasonableness in terms of development of
property and development of traffic. I don't understand that the City Manager
is suggesting that you now want us to waive damages for severance on what is
basically going to be a plaza area. I don't think we're claiming that that
is a great business purpose to us except to the aesthetics that we think give
both to our business and to the community. I don't want to do that, Mr. City
Manager without having some authorization from my client. I just can't get
that standing here today.
Mr. Plummer: Well, we can make it subject to that. Mr. Acton.
Mr Acton: Mr. Vice -Mayor, I'm going to suggest that you defer this item for
two weeks, have the applicant meet with the Department, see if we could come
up with a revised plan as per your suggestion shifting the plaza somewhat to
the east and make sure that in the future we do wind up with a plaza and then
come back to the Commission.
Rev, Gibson: It would appear to me that we don't want to overlook what the
Manager has said. Now know the City is continually bothered and we're going
to be bothered later on today about some of the problems. So it would appear
to me that we ought to not overlook that matter and it might be if we went
back and talked; now I think we've got to have a binding committment. So
I'm prepared to bend all the way back but I would hope that we would give him
an opportunity to go back and negotiate and if it becomes impossible then we
have to find out it is impossible. But if it is possible then we ought to
deal with the problem.
Mr, Plummer: Father, let me proffer this to you if I may because I know
that they are under a time bind; that we do this, that we approve it today
subject to the satisfaction of the Manager receiving the necessary documents
in reference to the acquisition at a later date and subject to their moving,
eliminating the easterly teller and moving the entire thing to the east by
JAN 2 31975
MICANOPY (WOODS - 1800 MICAP[OPY AVENUE
one lane. Now that way, if they can do it tomorrow morning they get their
approval tomorrow morning if we make it subject to those two provisions.
Rev. Gibson: Alright, now Mr. Manager, let me make sure I understand what
you're saying. You heard what Mr. Plummer said. Does that meet face on the
problem you're talking about?
Mr. Andrews: It helps but like they say he can't make a committment for the
owner that there won't be some damage that they'll suffer as a result of that
60 feet taking that will affect their business and under those circumstances
Metro would be faced then with paying not only the property acquisition and
potential severance damage then.
Rev. Gibson: Counsel, you're reasonable man and I'm sure Southeast is reason-
able and that's the only reason they have been able to exist all these years.
Can't you get that conference....
Mr. D'Alemberte: Father Gibson, I think we'd be willing to accept the Mayor's
suggestion that this be approved subject to that. I would like an expression
from the Commission about what kind of letter you want on the taking. Please
understand that this property is worth about a quarter of a million dollars.
We could go out and build a building on that. That would cause a great deal
of expense to the County. We're not suggesting that we build a valuable build-
ing on this property - we're suggesting that we put an open space. Now whatever
damages are going to exist in the future are going to be much less to the County
in acquiring property and I have great regard for the City Manager
Mr. Plummer: Sandy, you're missing the po:.nt. The point is we're not talking
about the value of the property, that is going to be there. We want a letter
from you stating, or the Manager does and it's reasonable, that at the time of
acquisition that you are not going to make demands for the severance of the bus-
iness from this property. It's a big difference.
Mr. D'Alemberte: Mr. Mayor, if that were the resolution of this Commission
today I'd go back to my client and attempt to ascertain that.
Rev. Gibson: Now Mr. Vice -Mayor, why don't we do this, can we pass it subject
to and then you could... All right, I'll offer.
Thereupon a motion instructing the City Attorney to prepare the appropriate
resolution was introduced by Rev. Gibson, seconded by Mr. Reboso and passed and
adopted by the following vote -AYES: Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None. ABSENT: Mayor Ferre and Mrs. Gordon.
Mr. D'Alemberte: Mr. Mayor, may I ask you one question, there was some quest-
ion about the vote required to carry this matter and I understand, I'm advised
reliably that it is
Mr. Lloyd: A three vote is 311 that's required. The only objection to you
was that you only had three Commissioners so you'd better be prepared to get
a unanimous vote of three. So you have three
VARIANCE REQUEST - VACATE ALLEY WITHDRAWL OF AGENDA REQUESTS
APPROVAL OF MODIFIED PLAN
Mr. Dave Simpson: Mr. Vice -Mayor, Mr. Gould representing Item 4 is present
now.
Mr. Plummer: That's fine, did you tell him he was deferred until the 15th of
February? Good. Do I hear a motion for reconsideration on Item 4, that we
take it this morning rather than as it was deferred?
Thereupon a motion to reconsider Agenda Item #4 was introduced by Rev.
Gibson, seconded by Commissioner Reboso and passed and adopted by the following
vote -AYES: Rev. Gibson, Mr, Reboso and Mr. Plummer. NOES: None,
ABSENT: Mayor Ferre and Mrs. Gordon.
JAN 2 3 1975
Mr. P1uif1Mer: We'll now hear #4 (a) . The applicant Will take this microphone,
the objectors; are you still an objector Lucius? Ok, then if you'll come to
this. Are there any other persons in the audience who wish to speak to this
item please come forward. T"its is approximately (800 Micanopy Avenue, a reso-
lution granting variance froth ordinance 6871, Art..cle IV, Section 11 (1) to
permit a replatting Lot 5, tentative plat "Micanopy Woods" located at approx=
imately 1800 Micanopy Avenue, with width of 49.98 (60 required); toned R=-1
(One Family). The applicant is Mr. Bennis Gould, for tha record if you will
state your full name and mailing address.
Mr. Dennis Gould: Dennis I. Gould, 35 N.E. 40 Street, Miami. Mr. Mayor,
Commissioners, I appreciate your reconsideration. I was tied up due to an
accident on Bird Road for over 20 minutes this morning, I think the appearance
this morning should have been scheduled perhaps as a personal appearance be-
cause we are coming back to show you what we are proposing to do now on this
property which we have discussed with you previously. If you will note we
have.,.
Mr. Plummer: Mr.. Gould, let me ask you a question. This item was deferred
at the insistance of Father Gibson for the two of you to try to get together
and work this out.
Mr. Gould: We have done that, we want to show you what it is.
Mr. Plummer: Let me just get this on the record. Mr. Williams, do you concur
with Mr. Gould that the plans submitted are in agreement with yourself?
Mr. Lucius Williams: I do concur provided that the dotted line shown on the
plan which I understand are not firm and therefore with the actual installation
of the driveway will accomplish the needs and Mr. Gould agrees with that because
dotted lines are temporary.
Rev. Gibson: I didn't hear that, I didn't understand that.
Mr. Gould: Let me explain that if I may. Perhaps I can clarify it.
Mr. Williams: Assuming that the dotted lines shown on the plan are tentative
and that the actual driveway provided by the dotted lines will accomplish my
property line needs, and I'm assured that this is
Mr. Gould: ....the dotted lines that show on the westerly end of Micanopy are
an approximation. That is a concept which we're proposing. The accurate or the
actual alignment has in fact not been set but that is an approximation.
Mr. Williams: I'll agree with it if that is it approximately.
Rev. Gibson: Well now let's make sure we understand.
Mr. Plummer: Well Father, for your information I just checked to make sure
that the Department had seen this and I'm informed that the Department drew
this. So it does meet with their approval, the Department's approval. So
go ahead from there, Father.
Rev. Gibson: Mr. Williams, let me tell you what is about to happen to you. We
want to make sure that the line is not that much different. You know later on
we don't nobody to be moving. You understand?
Mr. Williams: Yes, sir.
Rev. Gibson: And that's the sense in which I'm going to do my do.
Mr. Williams: I am satisfied that the lines are acceptible now for the actual
implementation of the driveway and that the applicant will work with us to accom-
plish our needs for that access.
Mr. Plummer: The lady with you, does she have any comments? For the record,
will you state your name and address, please.
Ms. Linda Beatty: Linda Beatty, 3301 Crystal Court.
Mr. Plummer; And you concur with this plat as surrendered?
Ms. Beatty; Yes.
Mr, Plummer: Mr, Gould, do you concur, sir?
Mr. Gould: Yes, sir.
Mr: Plutuner: Ok, I think this is another fine case of where we've sent them
all home to do their homework and it's worked out. Father, you're doing teal
good with that.
Rev. Gibson: But Mr. Simpson was about to say something, I want to heat that.
Mr. Simpson: Mr. Vice -Mayor, because of the redesign that is before you this
morning it is not necessary for this Commission to act upon either or A or B
because they are no longer vacating the right-of-way and the redesign, it's
not necessary to waive the platting procedure. 1 would ask this Commission
because this particular utilization of right-of-way differs from the normal
procedures of accomplishing platting and improvements to right-of-way, that
you go on record by resolution that you're approving the design of this plan
and that way the plat and street committee of the City when they consider this
and when the Public Works Department and Planning Department work up the im-
provefnents on the plat that they will use this as a guide rather than their
standard guidelines.
Mrs. Gordon: Under the preliminary, the objectors have removed their objections
as I understand it? Ok, fine.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-74
A MOTION WAS THEREUPON ADOPTED AS REFLECTED IN THE
PRECEDING CONVERSATION APPROVING THE RE -DESIGN PLAN
SEE RESOLUTION NO. 75-96 ADOPTED LATER -SAME MEETING
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
Mr. Plummer: Mr. Simpson, do we need also a resolution on "b"?
Mr. Simpson: NO, sir.
Mr. Plummer: Ok, so then "b" would be technically withdrawn. Is that correct?
Mr.
4,
Simpson: That's correct, sir.
DREDGE PERMIT - LOTS 53 THRU 62 BISCAYNE BAY ADJACENT TO
FLAGLER MARY BRICKELL (5-44) PROPOSED MARINA
M2, HENRY FICKLER: I'm Henry Fickler, consulting engineer for the applicant.
The applicant's name is American Design and Development Corporation of Mann.
Mr. PLummer: All right, now this was deferred subject to your submitting to
the attorney a document which would satisfy Father Gibson's curiosity in re-
solving that no problems in the future would arise and cause the City problems
or headaches. Mr. Lloyd, have they submitted such to you?
Mr. Lloyd: Yes, if I may be permitted, Mr, Mayor, I would like to make a
brief report on what was done with the cooperation of these people, Father
Gibson's first 'as reminded me by the City Manager was that there would be
no owners of dock space at the present time either by virtue of an existing
contract with them or by virtue of the condominium declaration or some other
condominium document that could be possibly grandfathered in as owners with
special priviledges to the docking areas which the Commission wishes to re-
strict. After the examination of certain documents which I would like to
ennumerate to the Commission to indicate what we have done, we have determined
that no such documents exist, Now in connection with the question, we request-
ed from the developers the following documents and we reviewed them; A sample
contract with the Brickell Place Warranty, a sample warranty deed, the Declaration
JAN 231975
of the Condominium, the legal description, by-laws, management agreement,
graphic descriptions, surveyor's affidavit, common elements, percentage of
ownership rules and regulations and a mutual easement agreetteht including a
purchase agreement. Now the purchase agreement provides that the seller,
the way they're doing this is the purchase agreement is for the condominium
only and that provides that it will give the purchaser, the sale will give t
the purchaser a warrantied deed which is free from all ehcumberahces except
conditions, restrictions, limitation, zoning and easements of record at the
time of closing. Now of cou.:se this resolution the way it has been drawn and
the way it will be executed will be capable of being recorded so that will be
a resolution of record. Now the next thing we did request of the developer
were a sample deed and the developer has reserved the right in paragraph 6,A
to the purchase agreement and the sample deed shows the same exceptions as out-
lined in the purchase agreement about the restrictions of record. Now we
also examined the declaration of condominium. Now that submits approximately
half of the land and the submerged land in Biscayne Boulevard adjacent to it
to condominium ownership. Now in addition, we also requested a certification
from the developers that thee were no outstanding agreements at this time
with respect to dock space and we have a certification from Alan C. Harper,
the Executive Vice -President and Secretary of the American Design and Develop-
ment Corporation who are the owners of the project that no boat slips have
been sold in the anticipated marina facility. Now I must say that we must
accept this at face value but with this in our records here in the unlikely
event, and I have no knowledge that these are other than trustworthy and reput-
able developers, but in the extreme unlikely e"rent that this was not a true
certification this could be used against them as an estoppel in court but I
am satisfied that we have examined everything possible and the developers are
sincere in their intent to abide by what will be a restriction of record and
that there are no persons grandfathered in.
Rev. Gibson: Mr. Andrews, you know what my concern and intent is.
Mr. Andrews: Yes, sir, I certainly do.
Rev. Gibson: You have more experience than I. Are you satisfied?
Mr. Andrews: Based on what the City Attorney has now found, yes, sir.
Mr. Lloyd: One thing we would like to get as just an additional factor, we
would like to get an original of agreements entered into with regard to the
ownership of the docks with restrictions actually in the agreements and I
would like to request at this time for the record that Mr. Fickel, what is
your name again, sir.
Mr. Fickel: Henry Fickel.
Mr. Lloyd: Mr. Fickel, that you will instruct the proper parties that we
would like the original of this agreement which I have in my hand here and
if you will look at that and identify it for me, please. I would like to
make that a condition that you do that and get your guarantee at this time,
if you will please, sir. Will you identify that agreement for us yourself,
if you will please, so we know what your identification It is just
identified in the record. If you would just identify what that agreement
is please.
Mr. Fickel: It is an agreement made between American Design Development Corp
of Miami, a corporation authorized to do business in the State of Florida and
the City of Miami, Florida municipal corporation.
Mr. Lloyd: Now you are acquainted and satisfied with the agreement, are you
not and intend, of course of strict compliance?
Mr. Fickel: That is correct and we've just come up here with an original
agreement.
Mr, Lloyd: All right fine, and you do agree that you're going to strictly
comply with the terms.......
Mr. Plummer: Now Mr. Lloyd, that isn't satisfactory, Put it the other way
around, If they do not comply you are fully aware, sir, that you will loose
your priviledge of operating
Mr,Fickel; .,....that is the purpose of this agreement.
J4N 2 31975
The following tesolution was ihttoduced by CoMMissiohet Gibson who
Molted its adoption:
RESOLUTION NO, 75=75
A RESOLUTION GRANTING PERMISSION TO DREDGE THE AREA
IN BISCAYNE BAY ADJACENT TO LOTS 53 THROUGH 62, BLOCK
"B", FLAGLER MARY BRtCKELL (5-44) AT 1901 BRICKELL
AVENUE IN CONJUNCTION WITE PROPOSED MARINA, AS PER
PLAN ON FILE; ZONED R-5A (HIGH DENSITY MULTIPLE),
SUBJECT TO THE FOLLOWING CONDITIONS: (1) THERE SHALL
BE NO GAS O2 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 OBTAIN-
ED 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 PERMIT POSSIBLE LAND-
ING 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 FACIL-
ITIES 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 STATUES; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT
WITH THE APPLICANT TO PERMIT THE DREDGING OF BISCAYNE
BAY IN ACCORDANCE WITH THE PROifISIONS 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: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer
NOES: None.
ABSENT: Mayor Ferre.
Mr. Lloyd: This is of course, a resolution granting permission to dredge the
area in Biscayne Bay adjacent to lots 53 through 62, block "B" Flager Mary
Birckell (5-44) at 1901 Brickell Avenue in conjunction with proposed marina,
as per plan on file; and I call attention to the specific requirements that
there shall be no gas or diesel pumps on the docks, no commercial use of the
marina, no accessory use stores at the marina site, 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. The roof of the existing
multi -story owned by the applicant and built upon the property above descrived
will be left clear to permit possible landing of helicopters on the roof area;
The applicant shall permit the City of Miami to place an antenna on the build-
ing donstructed on the above described property; the 'set back' shall comply with
the Planning Department's requiremednts for "set backs"; the applicant shall not
permit living aboard vessels and shall provide a clause in each and every con-
tract or lease with the uses 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 there shall be complete com-
pliance with Chapter 24 of the Code of Metropolitan Dade County and Chapter 403
of the Florida Statutes, Those are the requirements of the resolution.
Mr, Plummer: Very fine, thank you very much,
JAN23197
•
QUESTION AND ANSWER PERIOD AND
`1 5, RECOVVOU OF SEVERAL STUDENT GROUPS I Nfi RODUCTt ON of CITY OFFICIALS
TO STUDENTS PRESENT toDAY
Mr. Plummer: Since we have a lull in the agenda and our next item is not
scheduled until 10:00 A.M. I would at this time like to introduce in out
audience a woman who has donee a great deal for the City of Miami not only
give of her ekperience but of her time, Was very instrumental in passing
for the City and all of its people the 1972 Parks for People Bond Issue,
and I understand, Mrs. Baggs, that you are here with the Everglades School.
Would you please come up and address the Commission, please.
Mrs. Baggs: We have a new school in the Grove area now, it's not Everglades
anylonger, it is the Ransom Everglades School. I"have a group of students
from the Ransom Everglades school who are studying community in action. I'm
working along with Mr, John House who is a teacher at Ransom. We've been to
the Metro Commission, it is nice to come home and get closer home. Thank you.
Mr. Plummer: Very fine, Mrs. Baggs, is it possible that you have a student
president with this group? We'd like them to, if you have; there is no stude'_1t
council present here. All right. Well it is very nice to have you here. Did
most of you get agendas so you can watch the goings on Most of our mornings
are taken up with Zoning as you have heard. We then after the lunch break
take and have personal appearances where people of the City have the right to
come down and address their government and usually in the afternoon what we
take is just what we call housekeeping items -these are items which are needed
by the Manager to successfully run this City. I also understand that we have
a group of students here this morning from Rico School and their representative
is Mrs. Velos. Would you like to come up and address the Commission, please?
Mrs. Velos: I'm Mrs. Velos, and I'm a 7th Civics Class from Rico School.
Mr. Plummer: Tell us where }ico School is.
Mrs. Velos: It is on 2920 N.W. 7th Street.
Mr. Plummer: That's where the old Kinsing's Park used to be, isn't it in that
area? Very good, are you the teacher?
Mrs. Velos: Yes, sir.
Mr. Plummer: Very good. And these are 7th grade students. Do you have a
student council president ring leader of any kind? Maybe one of them would
like to come up and address the Commission. For the record, young man, would
you like to state your name and address and tell us what you think of what you've
seen this morning.
Master Victor Villar?: I live at 8372 N.E. 2nd AVenue. I've seen lots of act-
ion here and I think it is great.
Mr. Plummer: In other words you approve of what we've done so far.
Master Villar: Yes, sir.
Mr. Plummer: You don't have any disagreements, you wouldn't have done anything
different?
Master Villar: No, sir.
Mr. Plummer: Ok, we like your kind.
Mrs. Gordon: How mNy schools are represented? You mentioned two, aren't there
others?
Mr. Plummer: I was about ready to see, Is there another school represented *
here this morning. Don't be bashful. Come right up to the microphone, please.
How come I didn't have these good looking teachers when I was going to school.
I would have been a better students, How come there are such good looking teachers
and such ugly students... Good morning.
Miss Gillasser; Good morning, I'm Miss Gillasser and I'm the Social Science
instructor for the group that is representing Miami Northwestern Senior High
School this morning. This is a special group, it's a special program called
the Academic Achievement Program and I would like one of the students to speak
JA N 2 31975
a little bit about that program to you.
Mr. Plummer: Very nice, nice to have you here thiE morning.
Miss Beverly Ashley: Good morning, my name is Beverly Ashley. I live at
1247 N.W. 2nd Terrace. AP is the academic program for children who do not
ordinarily have the high ability in class room facilities and it is really
an interesting program and we would like to invite some of you all to come
out and watch us some time perform.
Mr. Plummer:
speak?
Miss Ashley:
Mr. Plummer:
Miss Ashley:
western it is
the same thing
If we come out to your place, would you give us the right to
Sure.
Very good. Do you have any questions about this morning?
Well, as president of the Freshman Federation at Miami North -
interesting. Someday maybe I will be up there in a seat doing
Mrs. Gordon: We hope you will.
Mr. Plummer: I feel sorry for you. You don't know what you're asking for.
Mrs. Gordon: Now, J.L., it is really very very challenging.
Mr. Plummer: We've got about maybe another two or three minutes....
Mrs Gordon: May I say a couple of words to these young people, J.L.?
Because this Commission is very interested in youth and this Commission has
demonstrated the interest in youth for several years because about three
years ago, J.L., wasn't it we started our first Youth in Government Seminar
and this is annual and sometimes it's bi-annual and it's run by our Youth
Advisory Committee. In fact, we just passed a resolution to enlarge out
Youth Advisory Committee and some of you may want to be candidates for that
committee and if you are I'm sure that we'd like to receive that information.
We'd like to also tell you of another area of interest that we have displayed
with regard to youth and that is through the Boy Scouts of America, we are
sponsoring an explorer post for Social Science, public service and if you are
interested in an on -going program of this type you can contact the Boy Scouts
of America for enrollment into the post the City is sponsoring. And there are
many avenues that are available to you, and I as a woman Commissioner, the only
one up here wishing I had some company, the girls in the audience, don't be
afraid of it come on and get ready. It takes preparation and it takes getting
around boys and girls to all kinds of public bodies such as this and to learn
the mechanics of what makes the city government, isn't only what you see here
but many people working behind the scenes and someone has a very important job
like our City Manager and at the last explorer post where I had the priviledge
of being a guest, the one important question they asked me is what does the
City Manager do? And I said everything. So I invited them to come down here
and some of them do come down and observe and I extend you the same invitation
on an individual basis at any time that you're free.
Mr. Plummer: Thank you, Mrs. Gordon. Father, would you want to put any words
of religion on them this morning?
Rev. Gibson: No, I just wanted to make sure and be good citizens of Miami and
of Dade County and State, the United States of America and of the World. We
need good citizens,
Mr. Plummer; You can take the preacher out of the pulpit but you can't get
the pulpit out of the preacher. Any of you have any questions? We have a
few minutes. Yes, sir, what is your question? Stand up loud and clear.
Master John Jones; Do you have to go to college to be a politician?
Mr, Plummer; To be a politician... Who wants to answer that one?
Rev. Gibson; No, I'll tell you this r it is most desirous that you do.
Mr, Plummer; Wait a minute, Mr. Andrews wants to answer that.
JAN 2 3 1975
Mr. Andrews: Young man, I can say that you certainly don't
education. What you have to do is exactly what you've
ask questions and get those questions answered
the microphone in a group as large as this, as
I would predict that he would be successful if
Mr. Plummer:
done
need a college
now, stand up and
and have the courage to come to
young as you are with that attitude
this is his ambition.
Yes, but not chewing gum. Do we have any other questions?
Rev. Gibson: Mr. Vice -Mayor, I want to give him this word of wisdom: 1 don't
think we need to overlook it. It may not be necessary to go to college but I
want to tell you something. you're so much better off if you do go. And we're
living in a world today when the key that just opens the door, doesn't keep you
in the room, is how much training do you have. And whether it is college, whether
you're going to be in the ministry or anything else, I want to then end on this
note: You are more comfortable man, when you've gone because you can always
regroup if you have that training: If you don't have that training you develop
a psychology that is not quite compatible with society today.
Mr. Plummer: Do we have any other questions? Come up here to the microphone.
Matthew Lawrence: I live at 1940, N.W. 60 Street. My question is does every-
one on the board have to agree with passing stuff, like an ordinance?
Mr. Plummer: No. Let me answer you this way. Under normal circumstances most
items take a majority vote, three out of five. There are some deviations to
that mainly in zoning. If this board overrules a lower board it then takes a
four out of five vote. If we concur with the lower board it takes a simple major-
ity, whatever their ruling was. But if we overrule them which we have the power
to do, then it takes a 4/5 vote rather than a simple majority. What you're trying
to say is can we all get our heads together at the same time? Never happen.
M. Lawrence: I'm asking, who are these people?
Mr. Plummer: This is the area known as the high priced help. This area over
here, well, let me give you an idea so all of you will know. Every Commission
Meeting we handle the broad scope of City operations. All right? In other
words we're liable to handle here everything from zoning to Fire, Police, you
name it, if it happens and is operated by the City there is a possibility that
this will be before the Commission on any given day. Now for the edification
of the rest of the Commission who only signs the paychecks, why don't I ask
them to stand up and tell them who you are and what you do, starting with this
big tall man here.
Rev. Gibson: I want to tell you, J.L., this is the first time I believe we've
ever given the staff an opportunity to introduce themselves. That is a great
step.
Mr. Plummer: They'l flub it, Father. Go ahead. Mr., what is your name, sir?
Mr. Andrews: Paul Andrews, and I'm the City Manager and the Chief Executive
Officer of the City. To really understand what my role is in City governement
you have to understand that the City Commission sets and accomplishes the
legislation for the City. They set the laws. They do this by ordinances which
operate continuously and then you'll see on your agenda resolutions. Those
resolutions are one time actions. They will pass a resolution to do something
specifically one time like award a contract or purchasing equipment for our
Sanitation Department, garbage trucks or fire trucks. So they set the laws
of the City. Now based on their setting those laws, I as the Chief Administrator
then through the departments within the City render the services, provide the
improvements through contracts and through the employees of the City and my
job is to make sure that their wishes are carried out. In addition to that,
they must follow a City Charter like I must follow a City Charter and that City
Charter provides the Commission and the people of the City with the basic under-
standing of how we will operate our government and the kind of services that
we will provide. It would be a little bit like a charter that you, if you be-
long to a club or you were going to formulate a club would adopt a charter
and you'd put in that charter your by-laws as to how you were going to con-
duct your operations. We have such a charter adopted by the people of the
City telling this Commission how they must operate the City Government, In
that Charter there are specific requirements for the City Manager as to how
he is to operate the administration under the City Commission and then in
addition to myself we have other staff members and I'll have them introduce
themselves,
JAN 231975
Mr. Plummer: Waita minute, I'm running this show. You have to understand
he doesn't get to talk very often so when he gets thr opportunity we ran't
quiet him down. Would you come over here and introiure yourself, sir. Would
you like to tell these people what you do?
Mr. Lloyd: I'm John Lloyd, 1 am the City Attorney and as such I'm in charge
of the Law Department of the City of Mlarni and we represent the City of Miami
on legal matters. That includes advising both the members of the City CoMMis-
sion and the City Commission as a body on legal affairs of the City and advising
the administration and representing the City in court on legal matters that
are presented in court.
Mr. Plummer: He keeps the Commission out of jail. This is Mr. Mike Anderson
who is the Assistant to Mr. John Lloyd, one of the many assistants in the Legal
Department. Andrew, would you like to tell them what you do?'
Mr. Crouch: I'm Andrew Crouch, I'm the Assistant City Manager of the City of
Miami and I am the second administrative officer of the City under Mr. Andrews:
Mr. Plummer: And next to him is...
Mr. Eades: I'n Jack Eades, I'm an administrative assistant to the City Manager
and my function here is to assist Mr. Andrews in the preparation of the agenda
and once the City Commission has acted on the various items that appear on the
agenda to see that the action that they have directed is carried out.
Mr. Plummer: And next to Mr. Eades is
Mrs. Rossini: Rita Rossini, I'm secretary to the City Attorney. I'm here to
take dictation down on motions made during the Commission Meetings and type
resolutions and ordinances that need to be passed during the day.
Ms. Colene Schaeffer: I'm also here appearing with the City Law Department.
Mr. Acton: My name is George Acton, I'm Director of the Department of Planning
for the City of Miami. It is our role to advise the City Commission and the
City Manager on all matters that pertain to planning and zoning the City of
Miami. If you noticed on your agenda in the morning you'll see a number of the
items that have been reviewed are basically zoning items and on occasion the
Commission has asked the Planning Department to give them reasons or advice
on why we made certain recommendations.
Mr. Grimm: My name is Vince Grimm, I'm Director of Public Works. Our basic
responsibilities are those involving engineering and the City's chief advisor
to the Commission on matters of engineering and particularly to those items
related to things in the public rights--of-way.
Mr. Ferencik: I'm Bob Ferencik, I'm the Director of the City of Miami Building
Zoning Department. My Department administers the Building and Zoning Laws of
the City of Miami and deals primarily with new private construction in the build-
ing area, remodeling and reconstruction or improvement or existing property and
the enforcement of the zoning regulations that are set down in the zoning ordin-
ances.
Mr. Southern: I'm H.D. Southern, I'm the City Clerk. My job is to keep an
accurate record of everything official that the City Commission does which
incidently isn't always ,the easiest thing in the world to do and to keep this
record in such a manner that we can retrieve whatever information we need from
time to time and file all official documents of the City and keep indexes and
records of those and once in a while conduct an election.
Mr. Plummer: Now those last two are not on the payroll, they just come down
here and tell the people what this Commission does and what it doesn't do and
Mat, I want to tell you something. You know you asked a question this morning
that we've all wanted to ask but have never had the guts to do it. Thank you
very much, does that answer your question? I hope that all of you have enjoyed
this little bit of go around, It is now 10 O'Clock and we must resume back to
business.
Mrs, Gordon: One word, J,L., I just want to tell them what you've done is given
them a Youth in Government Seminar in a miniature form.
JAN 231975
ReV. Gibson: 3.L., it might be well if we would say to them that while we
do the business here and you don't see it, those men that you just, those
last two men are the men who tell you, the public what we're doing and that's
one of the reasons we can't hide too much of this business from you because
they're leaking out every time. They are your reporters.
Mr. Plummer: We'll now resume on the 10 O'Clock items, Item #8.
,c1,4u 6, QUESTIONS ON PROPOSED ORDINANCES - GENERAL CONTRACT PROCEDURES
N Mrs. Gordon: Question, Mr. Plummer, did we amend that 45 to some in between
drill;^e:'
Mr. Plummer: We did, Mrs. Gordon, at my request until I could sit down with
the Manager and I have resolved all of my differences with the Manager based
on the fact that there is no intent nor will there be any circumventing of the
bid procedure. So I allowed it to stay on at the $4500.
Mrs. Gordon: But this is not a second reading on the first amount. I don't
know, Mr. Lloyd, you want to answer that? This is first reading, if I recall
was even 2500 or, 3000 and I don't remember.
Mr. Plummer: .Yes, but the City attorney said that on second reading it can
be amended without any problem and that was why we passed it on first for me
to get together with the Manager. Unless you have some hang up on it.
Mrs. Gordon: Well, you got together, I didn't. I would like to know what it
is you heard that made you feel so differently because you were the strong one
for advocating remaining on the 1500 figure and we went to the 3000 as an in
between figure. So I would like you to give us what you feel is your...
Mr. Plummer: Rose, let me tell you what my problem was. To me at first blush
it looked like the thing that I have been so strong for and that is competitive
bidding would be circumvented. Now even with the $4500 any item over $25 still
has to be put out to bid. So that doesn't eliminate competitive bidding. It
just gives them the right to put out the bids and not have to come before this
Commission on every item as they have in the past. I just didn't want to see
a basic principal of competitive bidding be eliminated. Once I was assured that
that was not the case and it would not happen then I had no objections to the
$4500.
Mrs. Gordon: Ok, then that was the sole reason and that's the reason it is
back here at 45 and not by error.
Mr. Plummer: Right, and plus the fact, Mrs. Gordon that I was given assurances
by the administration that anytime any member of this Commission or the public
at large wanted to see the bids they were welcome to do so. They are kept on
public record and as long as we have the accessibility of the bidding and I have
the assurance that the bidding will still continue, I have no qualms.
Thereupon the City Attorney read the ordinance into the record.
Mr. Southern: One question, please, Mr. Vice -Mayor, this was published on
its first reading at $3,000.00. Now is it permissable to go ahead
Mr. Plummer: No, it was published at $4500 on first reading..
Mr. Southern: 0n first reading you amended it to make it $3,000.
Mrs. Gordon: Yes.
Mr. Lloyd: It may be amended even so. The intent of the publication is to
notify the people that even though you put in what the ordinances that it
will be a discussion. That is the real reason for the publication, Then if
they want to come and discuss it, you see if you had to accept your publication
figure on an ordinance at exactly the same thing merely because it was published
you would defeat the intent of the publication, Because the intent of the pub-
lication is to inform the people so that- they can come and make any objection
they wish,
Mrs. Gordon; John, would you explain the last sentence then, "eliminating the
necessity of three competitive bids." That's not what you just said, You said
you will. get them but this ordinance doesn't say that.
14
JAN 2 3 1975
Mr. Plummer: That's under 25 Rose,
Mr. Lloyd:
Mrs. Gordon:
That is under $25.00.
It doesn't s'y that.
Mr. Andrews: Well, it is in the body of the
we were trying to achieve as a result of our
is so written now that we must receive three
ordinance, Mrs. Gordon, and what
analysis was that if the ordinance
bids on every item that we receive.
Mrs. Gordon clarify thatin this ordinance the way it is written it doesn't
say what you say and it should say the necessity of three competitive bids under
$25.00.
Mr. Plummer:
saying it is
Mr. Andrews:
I understand what she's saying, Paul, she is correct. Aro you
covered in the resolution?
Yes, it should be.
Mr. Lloyd: I'm getting the ordinance. Do you want to defer this for a few
moments.
Mr. Plummer:
I think 8. 9. and 10 are pretty well
REDUCE ZONED STREET WIDTH - COAC00CNEE STREET
AN ORDINANCE ENTITLED -
coupled together.
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY ADDING A NEW PARAGRAPH (136-8) TO
ARTICLE XXV REDUCING THE ZONED STREET WIDTH OF
COACOOCHEE STREET FROM 50' TO 30'; REPEALING
ALL ORDINANCES, CODE SECTIONEE 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 17, 1974 was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
Nur:S: None.
ABSENT: Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8345-A.
The City Attorney read tha ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the public.
�.J
JAN 231975
lit
4\(i"CALL-1 —SERVICE"
`14% FOR REMOVAL OF $LIGFTED PALMS
$, AMEND ORDINANCE 8505 OF FED RViSHIFUNDS=
AN ORDINANCE ENTITLED,,
AN ORDINANCE AMENDING ORDINANCE NO. 8305,
MAKING APPROPRIATIONS OF FEDERAL REVENUE
SHARING FUNDS FOR "CALL -IN SERVICE" FOR
THE FISCAL YEAR ENDING SEPTEMBER 30,1975;
APPROPRIATING THE SUM OF $35,000.00 TO BE
USED FOR THE TREATMENT, REPLACEMENT AND
REMOVAL OF BLIGHTED COCONUT PALMS; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE
IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 17, 1974 was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8346.
The City Attorney read the ordinance into the public record and
announced that copies were available tD the members of the City
Commission and to the public.
/1) MR. SOL We l'EYERSOf 1 TO REQUEST ENLARGEMENT OF
9, PERSONAL APPEARANCE -
"MIAMI FASHIa1 DISTRICT"
DISCUSSION AND WITHDRAWAL OF REQUEST
Mr. Sol Meyerson: Good morning, Mr. Vice Mayor, the crime buster if I may
say....
Mrs. Gordon: I thought somebody was going to bring a pair of gold handcuffs
today.
Mr. Meyerson: Something like that but I think he'd be much better off in the
future if he would leave the crime busting to the police rather than endanger
his life.
Mr. Plummer: That is debated, go ahead.
Mr. Meyerson: Madame Commissioner, Father Gibson, Commissioner Reboso, Mr.
Andrews and Mr. Lloyd, We've been quite fortunate in the Miami Fashion District
and we've formed the association and we've found many retailers and many mer-
chants moving up into our area and we have signs presently at 36th Street and
Biscayne Boulevard and we have them down at 20th Street and Biscayne Boulevard and
we would like to extend for the future, we'd like to get a resolution extending
the Miami Fashion District for the record to Biscayne Boulevard and 36th Street
down to 20th Street and Biscayne Boulevard.
Mr. Plummer: From 36th Street down to 20th Street?
Mr. Meyerson: That's exactly where the signs are now,
Mr. Plummer: Well, I don't think, let me; Mr. Andrews.
Mr. Meyerson: Right at this time, Mr. Mayor, the Miami Fashion District ends
on N. Miami ,Avenue and it is just a few blocks that we want to extend it. Now
you've got that Ball property from N. Miami Avenue to 36th Street and then
coming right down you've got that new building and there are several retail.
JAN23197
merchants going into the building on 36th Street and Biscayne Boulevard.
Mr, Plummer: Let me a9;k of the administration, designating that as an ex-
tension of the Garmet District doesn't give them any rights or priviledges,
what would be the harm in the designation? Can you address yourself to that,
Mr. Andrews?
Mr. Andrews: I don't know any, I was just consulting with my staff in that
I could find no reason if the Commission chose to do so and this was in con-
cept,
Mr. Meyerson: Mr. Mayor, I just wish to bring one other thing to your attent-
ion - this is not garmet only, that's fashion and furniture. We have furniture
men there....
Mr. Plummer! Well, you want the proper terminology of the Miami Fashion
District,
Mr. Meyerson: Fashion, not garmet just fashion because there is fashion in
cars, there is fashion in everything you can possibly imagine today.
Mr. Andrews: Whatever the zoning is and however that is developed will be
governed through those ordinances and what you would be doing, I would pre=
sume in taking this action to increase the boundaries is to encourage that
kind of activity of garmet, furniture and within that area.
Mrs. Gordon: I think that is a great idea, frankly.
Rev. Gibson: I always like to let the staff respond, they keep me out of
trouble. Sir, why don't you respond.
Mr. Ferencik: You know over the years Biscayne Boulevard has always been
considered the Gateway Street to the City of Miami and the zoning restrict-
ions on Biscayne Boulevard ere reasonably strict and the gentleman should
understand that this would in no way relax those regulations. Most of Biscayne
Boulevard is C-1 zoning.
Mr. Plummer: I agree. Sol, why the Boulevard and not N.E. 2nd Avenue?
Mr. Meyerson: North Miami avenue, Northeast 2nd Avenue; on the Boulevard now
you have retail shops, discount operations. On the boulevard you now have
merchants in office buildings selling all sorts of commodities from small
appliances to jewelry and they're moving away from downtown because they don't
like....
Mr. Plummer: Well me ask the intent of why
Mr. Meyerson: And there is no specific reason, no request for changing of
zoning, no nothing. We're not going to do anything....
Mr. Plummer: But I mean is the intent for the organization so that these people
can be included in the organization?
Mr. Meyerson: Yes.
Mr. Plummer: Ok, I understand.
Mr. Meyerson: The intent is to include Nolan Brown Cadillac, the intent is to
include Don Allen, the intent is to include all these other people for a strong
organization for better security, for better everything. It is a long range
thought.
Mrs. Gordon: Where do you want to go, Sol, from where?
Mr. Meyerson: From 36th Street and Biscayne where the signs are now down
Biscayne to 20th Street. All the signs are there, there are no additional
costs, there is nothing there that has to be done.
Mrs. Gordon: To the west?
Mr. Meyerson: To the west to N.W. 6th Avenue. We're not changing anything
else,
JAN 2 3 1975
Rev. Gibson: Mt. Vice -Mayor, I share his concern and desire. You know one of
the things I'll always like; it makes it easier for me to live; if you were Lc,
have some of those people - sir, don't you leave because, Mr. Ferencik, don't
you leave. I would find it easier to live if so±ne of those people who are
affected would join you and come it here and say to us 'we think this is a great
idea". You know I don't always, I don't live a life of consesus but I like, at
least they must be aware that I'm going to do it. The Mayor said something ih
a meeting the other day that I shall never forget, you were there, J.t., the
Mayor said the Rabbi Narot in a prayer the other night, Sunday night said,
"ford, give Senator Stone the ability to listen but the heart and the strength
to lead." I want to listen to those people. Now whether I do what they want
me to do is another story but at least I want to put them aware that we're going
to change. And I want the staff to tell us why we shouldn't change. And if the
staff believes that this will not be in the best interest of beauty of the boule-
vard and so on, I think we ought to hear it and then make a decision.
Mr. Plummer: All right, what you're saying then Father is before you think
there should be a public hearing?
Rev. Gibson: I'm not even worried about a public hearing, they're Nolan Brown
and all those other people, you're going to include them, they should at least
be here saying to us, "we think this is a dog gone good thing for us."
Mr. Plummer: All right. Mr. Reboso has suggested, Mr. Meyerson what you do
is make up a petition..
Mr. Reboso: Signed by a few of the merchants ....
Mr. Plummer: In that area that they would like this proposal.
Mr. Meyerson: Please don't put me to that task, I'm very busy trying to do
something with this new Miami City Hall bit and I'm on my way to Tallahassee
in a couple of days. I can assure you, we ask no change of you. If there are
any kind of changes or anything in the future it will probably be 15 or 20 years
from now and we all will not be here. But all I ask is that signs are there....
All I ask is that we extend it, that's all, nothing is going to be done, nothing
immediate. Nothing immediate is going to be done. Nothing is going to change
it, it's just there.
Rev. Gibson: You and I are the best of friends but you know what I discovered
by nothing is going to happen immediately? You set the precedent and then let
me tell you this, I happen to be one of those guys that once I move in that dir-
ection I don't turn around quite so easy. And I want to make sure that the
people there understand. I think we owe them that.
Mr. Plummer: All right, Father, why don't you make a motion however you want
it.
Rev. Gibson: I make a motion that Mr. Meyerson canvas or either let staff, I
dont care, that the area be canvassed and come back at the next meeting for
action.
Mr. Meyerson: Father Gibson, would you believe the Commission would be happy
if I brought in some letters from merchants on Biscayne Boulevard?
Mr. Plummer: Well that's what he's talking about.
Mr. Meyerson: Well, not a petition, a petition requires
Mr. Plummer; Well, that's the same thing.
Mr. Reboso: Let me understand this. Is the department against what Mr. Meyerson
is proposing?
Mr. Plummer: No.
Rev, Gibson: I don't know whether the Department is or isn't but I think that's
why we .pay staff.
Mr. Reboso: Mr. Ferencik, are you opposed to what Mr. Meyerson is?
Mr. Ferencik: Sir, I never heard of this request until just this minute and I
have no direct opposition as long as he understands that this doesn't in any
way alter the zoning situation on Biscayne Boulevard.
Mr. Meyerson: We're not looking to change the zoning on Biscayne Boulevard,
not at all.
Mr. Plummer: Just a moment, please. We have a motion on the floor, is there
a second? The motion, his motion was that this gentleman or staff petition in
the form of either an outright petition or letters of the merchants in that
particular area that they are either in favor or have no objection. I think
that is the way I understood the motion. Father, would you repeat your motion,
please?
Rev. Gibson: 1 make a motion that either staff or Mr. Meyerson, I'd rather
the staff do it since they are the repository for those who are for as well
as those who are against it, canvass the ,area and bring back the report.
Mr. Reboso: I second that motion. now long is it going to take? The next
City Commission Meeting?
•
Rev. Gibson: If the staff can get it done by next City Commission Meeting
fine. If not, within reasonable amount Of time. And I want to plead for my
motion. You see, it is so easy for us to say well everything is hunky dory,
it is fine; all to find out that once we put that sign up there....
Mr. Meyerson: The signs are already up, Father.
Rev. Gibson: Well, you want me to extend it.
Mr. Meyerson: No, not at all.
Mr. Meyerson: You may have misunderstood, the signs are up on 36th and Biscayne
directing people into the Miami Fashion District. The signs are up on 36th Street,
the signs are up on 20th Street and the signs are there on 29th Street on Biscayne
directing people into the Miami Fashion District. I'm not asking anything else
that isn't alrady there. Just extend it for the record, that's all. I don't
want anything else.
Rev. Gibson: You know, I'm going to tell you something. I hope you all, I'm
not always the smartest guy in the world and I admit to my dumbness but I hope
you all will not do this now and get a report. You see, once you set the prece-
dent of extending... I'll tell you what I would do if I had any business out
there, I would come in here not too long thereafter and say look, man, I would
like to have a change in zoning. And you know the weight is on the side be-
cause we moved that sign and we started the wagon to move rather slowly but
effectively. My motion is, I call for the vote.
Mr. Meyerson: Mr. Vice -Mayor, before the motion is seconded may I offer a sug-
gestion? I withdraw my request at this time. May I come in at another meeting
with what I would believe Father Gibson and the entire• Commission will accept.
Rev. Gibson: I will withdraw the motion.
Mr. Plummer: All right, and Mr. Meyerson, may I suggest that in the future, if
you would, that rather, or even at the time you schedule for a public appearance
that you please run it by the administration so that they will be prepared to
speak.
Mr. Meyerson: Well they knew about it. They informed me as to the time and
the date and they were informed to the Mayor... The only thing I never thought
that we'd have any confrontation of this because the signs are already there.
I'm not looking for change of zoning, I'm not looking for anything.
Mr. Plummer: Mr. Meyerson, if you were giving out hundred dollar bills, sir,
it ain't that easy around here.
Mr. Meyerson: You could be right. Thank you very much.
JAN 231975
1,'�` MR, HENRY GIV dS, cHAIRMAN) MINORITY BUSINESS OPPORTUNITIES
`L 10, PERSONAL APPEARANCE- COMMITTEE, FEDERAL RESERVE BOARD
DISCUSSION AND REFERRAL TO THE CITY MANAGER POR REPORT
Mr. Henry Givens, Chairman of the Minority Business Opportunities Committee of
the Federal Executive Board: Thank you, Mr. Vice Mayor, members of the Cotfimis-
sion. I'm here representing the Federal Executive Board, Minority Business
Opportunity Committee: Out main purpose of being here this morning is to en..
courage the City of Miami to participate in a minority banking deposit program.
The City of Miami is composed of approximately between 70 and 75% of Blacks and
Spanish speaking people. There two minority banks located within the City of
Miami, the Bank of Miami and the Continental Bank. There is a National Indust-
rial Bank which is located in the Model City area which primarily serves the
black community. During these economic times it is extremely important that
the small businessmen of this community are properly serviced. .The only way
that these businessmen can be serviced is by having the City, County Governments
and Federal GovernmentA take their funds and deposit these funds in these banks
so that these banks can get the financial assistance that is necessary to keep
small business operating. If the average small busines_.sman in this Community
would go to one of your larger institutions and request a loan of 10, 15, or
$20,000 the first reply of that institution is that we're not interested in
making loans of that size. They will tell you also that it takes as much
time to put a $25,000 loan on the books as it does to put a loan on the books
of $200 or $300,000. Now I am asking this City because of its composition to
take the lead in being a part of a minority banking deposit program. I grant
you that these are trying economic times but I think the City does have money
that it deposits in banks and it appears to me that you would take the lead
in putting that money in banks that have to serve in the best interest of
your City. At this time we rave some gentlemen from the Continental Bank
who are present. I don't now whether they would like to speak at this time
or not.
Mr. Reboso: I think the City Manager is aware of what you are proposing and
in my opinion I think the City Manager already is taking the proper steps in
that direction.
Mr. Andrews: May I offer to the Commission what I have done and it is ironic
in that I got a call from Washington yesterday. I've written to the Federal
Government requesting all of their information as to how to specifically assist
the minority banks. The agency that I wrote to which was the proper one, and
they handle matters of this nature, but they referred me to the Department of
Commerce and they have forwarded my letter to that Department and I hopefully
will get the information from that Department shortly. But I understand the
concerns of minority banks. I want to for myself rather than relying on any
other agency in the City to become thoroughly acquainted with this area and to
relate the kinds of banking business that we do with our institutions here in
reference to the program that has been established through the Federal Govern-
ment to allow minority banks to participate to a greater extent. They have
given them some priviledges to get them started that other banking institut-
ions do not enjoy. Our Char':er and our procedures in the City have been rather
restrictive and we will try to maintain that restrictiveness but with the under-
standing that hopefully we can do more business with the minority banks in the
way of deposits and so forth. So I'm conscious of it and we are addressing
ourselves to it. It may not happen as quickly as these gentlemen would like
to see it happen but I want to assure them that we will attempt to speed up
the process and come to a conclusion and before we, even if we have to say no,
there is no way we can be of assistance, we will extend that courtesy to them
and sit down with them and discuss that matter before we come to the Commis-
sion.
Mr. Plummer: Mr. Givens, does that satisfy you, sir?
Mr. Givens: Yes and no, sir.
Mr. Plummer: Well, let's hear the no reasons.
Mr. Givens; I can understand writing Washington and trying to obtain infor-
mation from the Department of Commerce but at the same time we have an office
of the Department of Commerce right here in Miami. You also have a U.S.
Government Small Business Administration which is located on Ponce and Giralda
and I'm sure a simple telephone call to our office, either office could provide
the City Manager with that information in a matter of hours. 1. have personally
been to the City Manager's Office to discuss the plight of minority businesses
here. And the only response I've ever gotten is the fact that I was given an
appointment.
JAN 231975
Mr. Plummer: All right, well let's do it a different way then. All right., sir?
Let's do it this way. Let's put the monkey on the back of the City Manager and
state that the City Manager will investigate this matter and report back to this
Commission at the meeting of February 12th. That puts the impetus on him to get
it done whether he does it locally or in Washington of however and we will have
a definite answer on the 12th of February.
Mrs. Gordon: Mr. Manager, would it at the same t..me be proper to include for
our information those depositories, those sums that are on deposit and the
amounts and where?
Mr. Andrews: Yes, and we'll also at that time then describe all the risks in-
volved and potential, if there is any potential loss of funds to the City, all
of those things will brought out and if you wish to do that ..
Mr. Plummer: Mr. Manager, thjs Commission i, not putting you under any restraints
at all. We are giving you a full harr.t to investigate the matter and report back
to us anything you deem necessary for intormation purp(':;r•s would you report that.
Mr. Andrews: I know what they are but 1 don't have the information.
Mrs. Gordon: What I asked for was very specific and I would like to know the
answers to those.
Mr. Plummer: Ok, Mr. Manager, do you need a motion on that?
Mr. Andrews: NO.
Mr. Plummer: You do not. Mr. Givens, we will see you on the l2th, sir.
��) MR, WILLIAM GAGE a f1R, RICHAARD PEARSal
9;4 DISCUSSION OF MORE POLICE PR`OtTEcTION & ��.6 STREET,
.� 11, PERSONAL APPEARANCE- IN THEIR BUSINESS AREA IIVV { Wt.
Mr. P]nmmPr• Fnr the rnrrnnses of discussion, would you give us your name and
your mailing address, please.
Mr. William Gage, 8295N.W. Our purpose here to bring this point before the
Commission that we do have inadequate police pro`, 1 in in our particular areas.
We own businesses or are associated with businesses in t:le area. Now this is not
just our problem but it seems to be a problem
Mrs. Gordon: Delineate your area please, again.
Mr. Plummer: Seventh Avenue and 46th Street N.W.
Mr. Gage: It seems to be a problem of not just our businesses but others in
the area. Now I've talked to about five or six more people that own businesses
or operate businesses in this particular area and they couldn't make it today.
They would be glad to send any type of letter or whatever, converse with you
on the phone or anything.
Mr. Plummer: Mr. Gage, let me ask a few questions and I might be able to
handle it a lot quicker that way if I can get the attention of the Manager.
Mr. Gage, what seems to be the main problem of crime? Is it robbery, is it
loitering? Mr. Manager, his business or the three gentlemen have business
in 7th Avenue and 46th Street N.W. Now what seems to be the problem other
than you don't feel that there is adequate policemen in the area? What seems
to be the main thrust?
Mr. Gage: Well the problem is that we're having robberies, for instance, I was
robbed about two weeks ago.
Mr. Plummer: Was this an armed robbery?
Mr. Gage: It was armed robbery. There is loitering, an excessive amount of
loitering around every business, not just around mine but everyone of them
and there is an excessive amount of shop lifting.
Mr. Plummer: Ok, now let me ask you this. Which is your business?
Mr. Gages Mine is the record shop.
Mr, Plummer: You've got the record shop on the east side of the grocery store?
JAN 23197
You're between the grocery store and the laundtymat? Ok, now let me tell you,
Mr. Gage, I was up there on two successive nights about 9:30, 10:00 O'Clock at
night and I parked across the street. I don't know what is encouraging those
kids to hang around that particular intersection but have you yourself in any
way tried to get the kids not :o loiter right arouni your particular store?
Mr: Gage: I've tried unsuccessfully.
Mr. Plummer: All right. Now what you would like the administration to do if
possible is to get these kids off of your particular area and knock down the
loitering, you feel that that will knock down a lot of the problems?
Mr. Gage: I think it would, yes.
Mr. Plummer: Now Mr. Manager, do you want to address that, sir?
tMr. Andrews: Yes. I think we're on very delicate ground here because these
young people do have some rights and this becomes,a real problem yet I under-
stand and share your concerns and would like to do something about it. I
think it is going to be extremely important for you and others to meet with
perhaps me and the Police Chief and others in his Department bu•_ certainly
with the Chief of Police and others in order to really try to find some way
to correct this situation and protect the rights of those young people that
are there for legitimate reasons, that sometimes those reasons can't be made
that obvious to the Police Department. And I, you understand what I'm trying
to say and how I'm trying to communicate with you.
Mr. Gage: I understand. There are some young people hanging around there
that aren't involved in any of this but there are a lot of them around there
that are using drugs, drinking beer, wine out in the open, activities like
that that are harmful to business.
Mr. Plummer: Mr. Gage, let's hear from the other two gentlemen if they have
anything else to offer and then if not I'm going to make a recommendation
after they've had their piece to say if they wish. For the record, sir,
either one of you would like to have anything further to say, if you'll
state your name and mailing address for the record.
Mr. Richard Pearson, 687 N.W. 46 Street: I own the laundrymat. You asked
for legitimate reasons why they hang there. I've asked the same question of.
them. I went out there and I said why you guys hang around, just the laundrumat
or the store when you're not buying. They say they don't have no where to go.
Now is that a legitimate reason? And the pilfering in the store, in the record
shop and hanging around these places are hurting business. People have come to
me and ,-,id that they will not come in that area because they feel like their
pocketbook will be snatched or someone would hit them in the head; an incident
with a cab driver drove up there with a fare, went to take some garbage out of
his car to the side, some guy snatched him around the side trying to hit him in
the head and take his money. Now this bad and it is bad for business when cus-
tomers are there looking at things like this. I went out there and talked to
them and asked them why don't they fine somewhere else to go because they are
hurting the business. They have no concrete statements even to make, "well
we stay here because there is no where else to go". Well, I feel like this
when it is hurting my business and for the taxes I pay, somebody has to do
something about it because I have lost quite a bit of business because of their
hanging around there. His place was robbed two weeks ago. The same guys hang
around there know who did it, wouldn't even come up and say anything. Actually,
they're standing there looking at the robbery going on and wouldn't participate
or say, "well I know the guy,, I'll try to help the situation out." And as far
as the Laundromat is concerned, I've tried to keep them out. If they're not
washing I tell them to stay outside. But as 1 got real hard on them, it's in
the police report that they broke in there a couple three weeks ago, they had
taken two televisions out of there. Now this is hurting me to the extent that
I can't put up with it any more and when he suggested coming down here for a
meeting I was all glad because we have gong to the City of Miami Police Depart-
ment down there on several occasions to ask for help but the Police Department,
they say just call. I have called on numerous occasions I have called. A car
shows up an hour later when everything is all smoothed down. They stand out
there with their marijuana and their pot and what have you, selling it on the
side, standing out in front smoking it, Now I've called them while they were
doing it, while they had it on them but ,it the time when the car arrived. they
have dispersed it somewhere in the garbagr cans somewhere or actually just
smoked it up. And this loud smelling stuff, people are actually in the
0) ,
JAN 23.1975
laundrymat smelling this weird smelling stuff and it is bad, And that is the
reason I feel like they should have a legitimate reason for being round there
other than they don't have no where to go.
Mr. Plummer: Ok, let's here from the other gentleman and then we'll come back
for questions. For the record, if you'll state your name and address.
Mr. John Holloway, 695 N.W. 7 Avenue: I work at the U-Totem, I ruh the U-Totem
grocery store. Those guys, they hand around the door, they beg for money, catch
the customers, the customers are scared to come in. They have a lot of lewd,
bad language and stuff like that. And it is real bad. They wait to grab you.
Everytime you turn your back they're stealing from you and stuff like that,
Mr. Plummer: Ok, thank you. Any of the three of you have anything else to add
to that?
UNIDENTIFIED SPEAKER: I guess I would have to say one thing. The City Manager
said that we should get together and talk and we're just stating that we have
gone down to the Police Department before numerous times and gotten no reaction
at all. I personally have called each one of these Commissioners including your
office and I wanted to talk to each one of you. I think I've gone the entire
route. I've started from the bottom and I've gone as high as I can and we've
got to get something done here, now.
Mrs. Gordon: You know we just hc'arci a report, Mr, Givens was saying let's
help the minority businessmen. Well here are three minority businessmen who
need help. There is all kinds of help that we need to give to help people
to stay in business. And Mr. Andrews, I'm concerned two fold. I'm concerned
about young people who have nothing better to do than to stand around and loiter
and smoke pot and so on and so forth. This is a deep concern. Obviously they're
not young people who have become involved in any worthwhile enterprises so there-
fore, there is an avenue there for us to pursue. But first of all, I think we
need to attack the problem of giving, or dispersing the young people from this
area and the second thing is to bring the young people into some kind of program
of some sort that will help them from wanting to loiter in the second place. I
don't know, maybe that's not in our purview but on the ohter hand we do a lot of
things to help people that might not he exactly in the purview of a Commission.
Mr. Andrews: What I want to do and so these gentlemen don't misunderstand, I
want to meet with them personally with the Police Department, not just them
and the Police Department. I understand, Mr. Gage, that you have been con-
tacted many times by the Police Department to meet with you at your place of
business and you've failed to keep your appointments there. I don't know if
I have the correct information or not.
Mr. Gage: I have had several contacts with you people and the reason why I
could not meet with you is because I go to school. I'm missing a class right
now to be here.
Mr. Plummer: Mr. Gage, let me bring this thing to a hault. Mr. Gage and
the three of you there, can you be in the Police Chief's office tomorrow morn-
ing at 9:00 O'Clock? All right, the City Manager's administration will have
a representative and you'll meet tomorrow morning at 9:00 O'Clock in the
Police Chief's Office and we'll ask the Manager to report back to this Commis-
sion at the next meeting as what he has done to correct the situation up there.
Is that agreeable?
Mrs. Gordon: How old are the young people that are loitering? What age
level are they?
Mr. Plummer: A11 ages.
Mrs. Gordon: Yes, but give me some idea.
Mr. Plummer: From 6 to 60. Rose, they're all ages. I'm telling you. I
went up there, today is Thursday, I was there Tuesday night between 9 and 9:30.
Mrs, Gordon: Flow many were there, J.L.?
Mr, Plummer: I would tell you there were at. least 30 in front of the three
stores. They're just standing up there jiving, doing nothing.
Mrs, Gordon: You know it looks like a community eonter is needed in the area.
JAN 2 3 1975
Mr. Plummer: Well that's what Metro bought Shell City for.
Mrs. Gordon: Well then maybe they're not running it in the proper manner or
Maybe it isn't operating at all.
Mt. Plummier: It is not being run period.
Mr. Andrews: When we attempt to resDlve this problem which is a separate
matter from what I'm about to suggest but at the same time, we will be re-
examining the loitering ordinance and maybe that needs to be reviewed once
again by the City Commission since we last made adjustments to it.
Mr. Plummer: Everybody wants crime statistics of 25 years ago but they don't
want to let the policemen operate as they operated 25 years ago.
Mr. Lloyd: You all will remember the last time we reviewed the loitering
ordinance the American Civil Liberties Union was here....
Mr. Plummer: Please don't bring that up, I don't need that this morning.
Is that agreeable, the three of you meet tomorrow morning in the Police
Chief's. And let me tell you something, for your own benefit do like Father
says to everybody - let it all hang out. Ok? Now if you walk away from that
meeting tomorrow morning and you don't all let it hang out don't come back here
griping.
Rev. Gibson: I want to tell you this, I don't want you to get in that meeting
and then we decide we're going to protect our brothers, you know. The best
way to protect the community is for all of us to protect it. And we don't have
to have a gun. You know what I mean? Make sure you tell the policeman now
there is the guy who stole that deal. Do you know what I'm talking about?
Ok. I hope I have time to be there because you know man, it makes me mad.
You know somebody's got to die so why not you? Maybe the others will live.
But the way, if we don't tell it none of us will live. Ok, my brother? Ok.
Mr. Plummer: Do us all a favor and let us know how the meeting came out. Ok?
Thank you.
.�o,1h ATTORNEY LEO BARKETT & P4STOR OF ST, KIERNAF S CHURCH
12, PERSONAL APPEARANCE-PROTESTINGTEG CCOMMISSION CARNIVALONDUCTING TION EARLIAT ERTHISNE MEETINIUM G
RRN� qqLL FEESTT KIEqN
SEE MINUTE ITEM ONE 11'6 LAT�RTDISUSION THIS MEETINGS ETC,
Mr. Plummer: Mr. Barkett, would you and the good Father like to approach the
podium, please. I really don't want to hear from Mr. Barkett. Father, would
you... Paul, they've already heard about what we did for the Marine Stadium
this morning and they're having a carnival there and they want to waive the
fees, I know.
Mr. Barkett: No, it's not only that, J.L., we were assured that we will be the
first carnival there. We were offered the February date but we turned it down
because it did not give us ample time to really work for the carnival. We have
been working now for our carnival 4 months as you know. We have advertised it
and now here comes another group that wants to go in there ahead of us just
with a carnival. If their carnival is not successful it is going to destroy
us 100%. Now we are objecting to this carnival going in there ahead of us not
from a selfish motive but here, we have been granted this permission, it was
our understanding that we are the first that is going in there and I did at the
time discuss with you about waiving the fee. You said it was utterly imposs-
ible. Now this morning we discover three days it was put on the agenda that
not only was there to be a carnival there but the waiving of the fee. We are
not objecting to the fee. We will pay the fee but we don't want anyone to go
ahead of us because we spent a lot of time, money and effort promoting this.
Mr. Plummer: For the record, state your name and mailing address.
Mr. Barkett; My name is George E. Barkett, I'm an attorney. My office is
at 2935 S,W. 3rd Avenue and I go to St. Kiernans Catholic Church and I am
chairman of this carnival.
Mr. Plummer; Ok. Representing the church in reference to a carnival and
Father, for the record, would you state your name, please.
JAN 2 3 1975
Father Laggen: My name is Father Hugh Laggen, assistant pastor' of St. Kiernans
Church,
Mt. Plummer: Mr, Manager, I. did not do the negotiations with him about the car-
nival so can you address that problem?
Ftr. Andrews: There is no way for the City to commit at this time unless we adopt
some form of .'•#'gislation for the future about the spacing of carnivals and so forth.
There is ju:.r uo way for the City to be restrictive for one group over another
group. This is a public facility that is made available to all of the public.
I understand waht you're saying clearly and I understand what you've done. I
don't know how the City Commission at this time can make that kind of commit-
ment that would put you first in line to the exclusion of the other. I just don't
know how that can be done.
Mr. Barkett: Well, as I understand, Mr. Andrews, someone else hs applied and
they were rejected. 'Now in all due conscience, Mr. Hays in not here but we
have been dealing with Mr. Hays and I think Mr. Jennings, is it, for the past
three or four months and the only dates that were available was the February
date and that, if I recall that Father Laggen was questionable. So we went
ahead and took the March date with the assurance that we were the first ones
and we have spent a lot of money really promoting this carnival and I just feel
as though that someone that comes in there. Now they have approached the same
man, Jack Royal, and he has turned them down, he says, "no, I am not going there
before St. Kiernans."
Mr, Plummer: George, wait a minute. Can you get together with, right now
and come back before we break at noon with Mr. Crouch and Mr. Jennings? We
can.. Father, in all fairness, I think we should waive the fees for them as
we did for the one this morning for their carnival. It is for a church. They
will pay the necessary fees and out of the expense pocket of the City. So if
somebody wants to offer that motion for them, I think it is only in fairness.
Mr. Southern: This is for the Marine Stadium?
Mr. Plummer: That is the parking lot of the Marine Stadium. Of course the
resolution would carry that they comply with the normal requests of the
City Manager's.
Mr. Southern: And the date.
Mr. Plummer: What is the dates, George?
Mr. Barkett: March 7th, 8th and 9th, Friday, Saturday and Sunday.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-76
A MOTION AUTHORIZING USE OF PARKING LOT AT THE MARINE STADIUM
FOR A CARNIVAL TO BE SPONSORED BY ST. KIERNAN'S CATHOLIC CHURCH
ON MARCH 7, 8 AND 9, 1975, AND WAIVING ANY RENTAL FEE UPON PAY-
MENT OF NECESSARY EXPENSES.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Reboso and Mr. Plummer,and Rev. Gibson.
NOES: None.
ABSENT: Mayor Ferre.
Mr. Plummer: Now will you get together with Mr. Crouch and Mr. Jennings;
get together with the, George and hopefully we can work it out before we Lake
a break at noon we'll hear what has been worked out.
JAN 2 31975
13 ► TOROS SOCCER LEASE AT ORANGE IOWI.. STA) I Uri
SV
RENEGOTIATE AGREEMENT
Mr. Plummer: Are you agreeable with the City Manager's recommendation?
All right, if I remember, Mr. Manager, what you have proffered is that there is
a need for relief and that their rent be reduced to 10%.
Mr. Andrews: Well, what I'm saying is that I recognize that the rate that the
City was charging was too insure that we recovered the expenses of our operation
while the Toros went through a process of really developing the team and making
it an attraction. Now I have recommended the City Commission that we treat the
Toros no differently now than we are treating other users and charge thetn the
same rate as provided under the ordinance and that would be 10%.
Mr. Plummer: Do you concur with that?
UNIDENTIFIED SPEAKER: We agree
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-77
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOT-
IATE A NEW CONTRACT WITH THE MIAMI TOROS FOR USE OF THE ORANGE
BOWL STADIUM TO PROVIDE FOR A FEE OF 10% TICKET SALES WITHOUT
A MINIMUM GUARANTEE.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
cb°
09d 14. RECEIVE, OPEJI, TABULATE BIDS FOR ORANGE BWL WAREHOUSE REVENUE BONDS
This being the date and time advertised for receiving sealed bids
for the sale of $225,000 Orange Bowl Warehouse Revenue Bonds, Series 1974 , the
Mayor announced that the City Commission was now ready to
receive sealed bids:
The following resolution was introduced by Commissioner Gibson
who moved its adoption:
RESOLUTION NO. 75-78
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO
THE CITY MANAGER FOR TABULATION AND REPORT }SIDS
AUTHORIZED TO BE RECEIVED THIS DATE UNDER RESO-
LUTION NO. 74-1374 FOR THE SALE OF $225,000 ORANGE
BOWL Wi IIOuS:: REVS:WE :m:7DS, SI:..I:,S 1974, OF THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mr. Reboso the resolution was passel and adopted
by the following vote -AYES: Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None. ABSENT: MRS. Gordon and Mayor Ferre.
Mr. Southern: The average interest cost
only bid we have.
is $6,500,000, 6.5% and that is the
Mr. Plummer That is the only bid! Mr. Bailey, would you please explain that?
JAN 23197
Mr. W. Bailey: Gentlemen, this is ci cas#' pf civic type project. We ciid
not anticipate many bids and in fact we only anticipated one bid because
this is actually an addition to the warehouse in Sportsman's Park which is
used by the Orange Bowl Committee for storage of floats and things of this
nature and this is merely a method of financing it through a lease arrange
ment with the Orange Bowl Committee and we do not anticipate and never do
anticipate any great participation in this type thing.
Mr. Plummer: All right, Mr. Bailey, for the record, you will state that this
is not irregular, this is what you expected?
Mr. Bailey: Yes, in fact, as far as 8 months this was expected.
Mr. Plummer: All right, sir well I just wanted the record to reveal that we
only had one bid which is highly unusual.
Mr. Bailey: Well the reason now that this is true is because of the condition
of the bond market these days and things of that nature and we do not antici-
pate anything except local participation. I would like to say that this 6'7%,
this is a ridiculous comparison in a manner of speaking, but this 64% is below
the 7.04% which the County paid on some bonds the first of this month.
Mr. Plummer: All right, just so the record is very clear that you didn't find
this unusual and you expected it. That is what I wanted in the record. Now
since we have so many bids to calculate and tabulate, do you now want a motion
accepting this bid?
Mr. Bailey: I have looked down here and I find nothing irregular. Therefore,
I would move that the resolution here awarding the bid be taken up at this
time.
Mr. Plummer: That is item #33. Sixteen was accepting it, thirty-three is
awarding the sole bidder.
Mr. Andrews: Let me add to the record then, and Mr. Bailey is smiling, but
he should be more forceful in what he is saying for the record that this is
a good bid. It's a good bid when you consider that these are revenue bonds
and that the fact that other jurisdictions are receiving general obligation
bonds at a higher percentage than we're iaceiving revenur bonds.
15, AWARD BID $225,000 ORANGE BOWL WAREHOUSE REVENUE BONDS - SERIES 1974
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO.75-79
A RESOLUTION AWARDING $225,000 ORANGE BOWL WAREHOUSE
REVENUE BONDS, SERIES 1974, OF THE CITY OF MIAMI,
FLORIDA; CONTAINING A COVENANT PROHIBITING EXCESSIVE
ARBITRAGE; AUTHORIZING VARIOUS OFFICERS OF THE CITY
OP MIAMI TO EXECUTE AN ARBITRAGE CERTIFICATE.
(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 and Mr. Plummer.
NOES: None.
ASSENT: Mayor Ferre and Mrs. Gordon.
JAN 231975
c
c1,4*s
01-) 16. OP GE BOWL U 'ROVE lTS - DISCUSSION
Rev. Gibson: What is happening to the Orange Bowl? I was somewhere where
people, some of the citizens were not very complimentary as to our progression.
I did not say anything because, and I don't know and I tell evetybody I don't
speak for the Commission; would you tell me whether or not we're moving post-
haste to get that bowl in shape, realizing that New Orleans...catches the devil
and we've got a beautiful thing there. I want the paper to write that.
Mr. Plummer: There was quite an article, Father, in this morning's paper and
it Was very complimentary but Mr. Andrews, will you give a 30 second capsule:
Mr. Andrews: That article that appeared in this morning's paper was the result
of a meeting that the consultants called of all the users and everyone, the
Police, Fire'and everyone involved in the Orange Bowl when it is in use and in
operation to get their comments and their concerns as to what each of them in
their own area of activity believed were important adjustments that the Orang?
Bowl should receive in this modernization program. Now I can first go through
some of the things that are underway now in the Orange Bowl to improve it and
those which are being contemplated through the consultant that will come to
the Commission eventually for the establishment of a program. You're aware
that the City Commission authorized the letting of a contract approximately
4 months ago for the reconstruction, major reconstruction of the washrooms at
the ground floor level. You used to have to go down from the 9 foot level, down
underneath the stadium to get to the men and women's washrooms. Those lower
washrooms will be converted to washrooms for men only and up on the 9 foot
ramp area opposite or adjacent to the concession areas a few feet away we are
building very modern women's washrooms at that level so they don't have to go
down underneath the stands. Now that is underway and will be completed very
shortly.
Rev. Gibson: You mean to tell me it is under construction and about to be
completed?
Mr. Andrews: Yes, sir.
Rev. Gibson: That contract we let 4 months ago?
Mr. Andrews: Yes, sir.
Rev. Gibson: Ok, now let me raise another question. Rose, you know, I'm
with you on women's lib. Now if you all are getting different bathrooms
now I just heard on the news this morning about somewhere in Europe they're
having soccer game or tournament and two reporters from America, one out of
New York and they were women, and they went in the shower room and
Mr. Plummer: You're on thin ice, Father.
Rev. Gibson: Didn't you hear that news?
Mrs. Gordon: No. I just wantto set the record, Father, I don't know what
you mean by lib. I'm just a woman who believes that everybody, man or woman
or any person has equal opportunity. If that's lib, ok.
Mr. Plummer: You got out of that one in a good way.
Rev. Gibson: But it is under way?
Mr. Andrews: Yes. Now some other things that we've done is we've made some
minor adjustments to the lighting system. That will be adjusted further under
this consultant.
Mr. Plummer: Mr. Andrews, I think it behooves you to supply to the Commission
as soon as possible an updated position of the Orange Bowl so that we will be
aware of what is going on over there because we're constantly asked.
Mr. Andrews: Yes. I want to assure you that within the next, about 3 weeks,
the consultant will be reporting to me and I'll be reporting to the Commission
as to their findings.
JAN 2 3 1975
Mr. Plummer: Mr. Andrews, I'm going to suggest, and I'm going to take the
priviledge of being out of the agenda, I think it is most apropos that at
O'Clock this afternoon you invite down hete to formally present to this
Commission your selection of Police Chief and his selection of Assistant
Police Chief. I think it should be done and I'm going to suggest that you
have these parties here at 2 O'Clock for formal presentation to this Com=
mission, I'Il never forgive you for not naming me but that's beside the
point.
Rev. Gibson: That would be the day!
AUTHORIZE CITY MANAGER TO DEVELOP TRI-PARTY
��"� �� AGREEMENT FOR ACQUISITION OF PROPERTY AND
1%, AFRICI�'� SQUARE PRJJECT - RELOCATION OF PERSONS AFFECTED
Mr. Jerry Rich, executive director of MLK: My mailing address is 5959 N.W.
35 Avenue:
Mr. Plummer: Let the record reveal that Mrs. Range spoke to me this morning
and indicated she would not he able to be here for this item but she was in
complete concurrence with what this gentleman will be presenting. If you
will go ahead, sir and try to keep it as brief as possible, your presentation.
Mr. Rich: Very simply, we are advised by the Federal H.U.D. Department that
the development of African Square must be developed in conformity with Federal
regulations with regard to the relocation and property acquisitions. WE under-
stand that Metro H.U.D. as a matter of course complies with these regulations
whereas the City does not normally. We therefore have recommended to the Man-
ager's Office that they collaborate with Metro H.U.D. for the acquisition of
real properties and who are handling the relocation relative to African Square.
Mr. Plummer: A11 right, what action is needed by this Commission?
Mr. Andrews: Merely a motion at this stage authorizing, and we're in complete
accord and before I give the action I want to make sure that you understand
where the proglem lies. The problem lies in the relocation of the people on
the property in that the City is not, if I may say in that business at all of
relocating people. That is a function that is carried on through Metro H.U.D.
They have all the capability of doing this. What we want to do is enter into
a tri-party agreement between the corporation of the City and H.U.D. tc'
achieve this through H.U.D. that which the City would have achieved. So your
motion would authorize the City administration to enter into this agreement
to achieve the same objective that you had earlier set.
Mr. Plummer: Mr. Andrews, will you state the motion that's needed, please?
Mr. Andrews: A motion authorizing the City Manager to proceed with develop-
ing a tri-party agreement for the purpose of acquiring and relocating indi-
viduals as necessary to complete the African Square Project.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-80
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH DEVEL-
OPING A TRI-PARTY AGREEMENT FOR THE PURPOSE OF ACQUIRING AND
RELOCATING INDIVIDUALS AS NECESSARY TO COMPLETE THE AFRICAN
SQUARE PROJECT.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Rev, Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES; None,
ABSENT; Mayor Ferre,
JAN 2 3 1975
GENERAL CONtRACt PROCEDURE
18. AMEND PAR. 11 SECTION 16-20 OF THE CODE -EXPENDITURES ESTABLISHING
CEILING OF $4)500.00
Mr: Plummer: All right, Mrs. Gordon had questions on 8, 9 and 10.
Mr. Manager, would you tell her what you have done.
Mr. Andrews: Yes. We will change and eliminate the necessity of the three
competitive bies. That should come out of that ordinance. It was never intended
that we not receive competitive bids. The only area by policy which i announced
to the Commission at first reading, we will not receive competitive bids for
items that cost up to $25.00.
Mrs. Gordon: Do you have to put that in or is that the present?
Mr. Andrews: Twenty-five dollars. You don't have to put that in just so long
as the Commission understands how we're operating because if you go into the
records and you see fictitiously of pads of papers purchased for $5.00 it would
only be one bid.
Mrs. Gordon: Yes, but if that is removed then that is clarified. Ok.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING PARAGRAPH NO. 1, SECTION 16-20
OF THE CODE OF THE CITY OF MIAMI ENTITLED "GENERAL
CONTRACT PROCEDURE FOR EXPENDITURES EXCEEDING FIFTEEN
HUNDRED DOLLARS", BY ESTABLISHING A NEW CEILING OF
FORTY-FIVE HUNDRED DOLLARS FOR GENERAL CONTRACT PRO-
CEDURES; PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of December 17, 1974 was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0,8347.
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.
19, AMEND SEC, 16-21 OF THE CODE -METHOD OF SECURING COMPETITIVE
BIDDING ON CONTRACTS FOR MORE
THAN ONE THOUSAND DOLLARS REQUIR-
BID OFFVCONTRACTSTMORERTHANE
$470U►00
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 16-21 OF THE CODE OF
THE CITY OF MIAMI ENTITLED "METHOD OF SECURING COM-
PETITIVE BIDDING ON CONTRACTS FOR MORE THAN ONE
THOUSAND DOLLARS; EXCEPTIONS", BY REQUIRING ADVER-
TISEMENTS FOR A CEILING BID FOR CONTRACTS FOR MORE
THAN FORTY-FIVE HUNDRED DOLLARS.
Passed on its first reading by title at the meeting of December 17, 1974
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mrs. Gordon, Rev, Gibson, Mr. Reboso and Mr. Plummer,
NOES: None,
ABSENT; Mayor Ferre,
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8348.
6u JAN 231975
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,
OPEN MARKET PURCHASES
d 2O. Arm SEC,16-25 OF CODE -ESTABLISH NEW CEILING OF $4, 500, 00
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 16-25 OF THE CODE OF
THE CITY OF MIAMI, ENTITLED ''OPEN MARKET PURCHASES",
BY ESTABLISHING A NEW CEILING OF $4,500.00 ON OPEN
MARKET PURCHASES; PROVIDING AN EFFECTIVE DATE.
Passed on it:; first reading by title at the meeting of December 17, 1974, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and tdr. Plummer.
NOES: None.
ABSENT: Mayor Ferro.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8349.
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.
MR, r'ORTY FREEDMAN - REQUEST FOR STORAGE OF PLANE AT
FORMER COAST GUARD PROPERTY FOR
PERSONAL APPEARANCE-
"MIAMI-SPIRIT OF 76" SOLO PLANE FLIGHT AROUND THE WORLD
Mr. Plummer: Mr. Morty Freedman has asked to appear before this Commission
and I have granted time to him. Mr. Freedman, if you can keep it under 5
minutes, please.
Mr. Morty Freedman: Thank you, Mr. Vice -Mayor Plummer, ladies and gentlemen
of the Commission. I'm here today representing'Spirit of Miami 76' which is
a non-profit corporation headed by Mr. Happy Miles who is sitting right here.
This corporation is for the purpose of a round the world solo flight in an
amphibious single engine plane which will leave Miami on July 4, 1976 to pro-
mote the City of Miami and its part in the nation's Bi-Centennial. The flight
we believe will he of inestimable value to the City and to Dade County and all
of Florida because of the world wide publicity that will be engendered by
this. This would i)e the first successful flight of its kind by a solo in a
single engine plane of this type. We are very anxious to have the full support
of the City in this project. It has been adopted by Third Century as a major
Bi-Centennial event. It has also been endorsed by the City of Miami Bi-Centennial
Committee.
Mr. Plummer: Mr. Freedman, as I understand what you're asking for this morn-
ing is the permission of this Commission to take off or hold this plane over
at the Coast Guard facilities. Is that correct?
Mr. Freedman: I would like to explain that. What we actually would like is
a resolution endorsing the whole project but specifically there is a problem
in that the ideal place for basing this plane would be at this Coast Guard
Base where there is a ramp. The ramps that are available elsewhere in the
area are not feasible and the currents, for example, on Watson Island are too
rough for a fragile plane like this. Now we understand from the City Manager
that the federal restrictions through which the Coast Guard Property was given
to the City or deeded to the City might preclude the use of this facility for
parking or launching the plane, If you'll note the letter to Mr. Lew Price
in the folder there, on page 2; Mr. Robert W. Baker, Regional Director of the
U.S. Department of the Interior, Aureau of Outdoor Recreation in Atlanta who
JAN231975
has jurisdiction, I understand, in this connection informed us that if the
City would request, would support the request for the use of this facility
that he would look on it very favorably and he felt sure petmission would
be granted. So what we need is a resolution that the City supports this and
that if the federal governine-it would permit that the City could then give
us permission to use this. I might add that by using the Coast Guard Facil-
ity it would allow thousands of people passing there everyday to be familiar
with the Spirit of Miami '76. Also, it would be in a sense recreational and
educational because school children would be allowed to see the plane and
would receive explanations about the plane and its flight and of course, as
I said the value to the City in terms of the world wide publicity - it can't
be estimated.
Mr. Andrews: I don't know how to react other than negatively. And I hate to
approach a problem this way but I must in that I appreciate fully what they're
trying to accomplish but we've got to find some other solution other than Us-
ing the Coast Guard property.
Mr. Plummer: What are your problems with the Coast Guard property?
Mr. Andrews: In that the Commission is not aware of the many requests that
we receive for the use of that property for other than its fully intended use
and that is recreational purposes. It is going to be extremely difficult to
try to draw a line and even as important a project as this is to start using
for purposes other than recreation. Once you start doing that....
Mr. Plummer: But aren't you really saying that you feel that your hands are
bound because of the nature and the acquisition?
Mr. Andrews: Well he is suggesting that we go beyond that and make application
or make an appeal to get that waived or set aside for this purpose.
Mr. Plummer: I didn't understand it that way. I understood it that they
would make the appeal but they needed this Commission's approval that we had
no objections. Did I understand correctly?
Mr. Freedman: Well, they asked for something to indicate the City's support
of the project.
Mr. Plummer: Well support of the project but no objections to the use of the
facility.
Mr. Freedman: Right, that the City would permit it if they had the permission
of the federal government.
Mr. Andrews: So what you will be doing then is sanctioning the use other than
recreation and then the Commission had better be prepared then when I tell
other people no that they can't park camping trailers there over night because
they've come and want to stay for one night and a lot of other uses that the
property would like to be put to by the public that they will then turn around
and come to the Commission and say well, we would like
Mr. Plummer: Paul, I don't see it that way, truthfully. I see this as a one
shot deal. This is something that is going to gain nationwide publicity for
this City that we pay thousands of dollars a year to try to gain publicity
and good publicity. I don't see it in the same manner that you're looking at
it. I see nothing wrong with this Commission (1) favoring and supporting the
project. (2) A letter stating that this Commission has no objection if the
federal government will give them the approval, that we have no objections to
it. That is my personal feelings.
Mr. Andrews; Does this include repair of the plane? Does it include using
fuels at that location?
Mr. Plummer: Well Paul, I'm going to make sure that you protect the City.
As I understand it, Mr. Freedman, this will be just solely for the purpose
of a place to keep the plane until the departure time.
Mr. Freedman: And to launch it when necessary for any flight. There would
be some promotional flights to other parts of the United States and in that
sense it is the same as a boat being out there.
Mr. Plummer; mere is what the Manager is getting at; He doesn't want you
JAN 231975
to use that as a normal air facility. You understand that. It will not be
used for repairs, you will not gas it there, you won't do anything there
other than launch it from that site and bring it back to the site and I'm
going to make sure that he would designate the area in which it would be docked.
Mt. Freedman: I would like Mt. Miles to respond to that:
Mt. Plummer: All right, well we're getting over our time Unlit so be brief,
please.
Mr. Andrews: Before he does, I want the Commission to know we've arrested
someone because he flew into that area and pulled his plane into there.
Mr. Plummer: Without this Commission's approval I would expect you to arrest
him.
Mr. Andrews: And the area I'm afraid that we're going to be getting into
unless there are some real strict guidelines here, that: if that aircraft has
some major problem which requires overhall and it's not flyable and it is
located in the Dinner Key area they'll have to commit that they will tow it
away, put it on a barge if necessary but that there will be no repair work
or anything other than using this space for storage.
Mr. Plummer: All right, let's do this if we can and draw this thing to a
conclusion: Let's give a motion of intent of this Commission then let them
get together with the attorney to draw up a factual agreement for the City's
protection and your protection but let's give the intent today that this Com-
mission has no objection. Is that agreeable?
Mrs. Gordon: I think it is essential.
Mr. Happy Miles: Excuse me, if I may. I would appreciate it if the resolut-
ion can be that the City favors the project and would be willing to make use
rather than just say we have no objection.
Mrs. Gordon: Here is what I wanted to say, I started to say I think it is
essential that this project be designated as a Bi-Centennial project approved
by our Bi-Centennial Committee and Third Century and that the City is also
supporting this project for the Bi-Centennial and I think that... I know
that they've already done it but if we put this in the motion it removes any
so-called other actions by other groups of camping, parking a trailer or what-
ever because those are not Bi-Centennial Projects and this is and I so move.
Mr. Plummer: Ok, a motion of intent of this Commission. Motion understood?
Is there a second? Seconded by Father Gibson. Any further discussion?
The following motion was introduced by Commissioner Gordon, who
moved its adoption:
MOTION NO. 75-81
A MOTION OF INTENT TO APPROVE THE ROUND THE WORIOFLIGHT BY THE
"SPIRIT OF MIAMI, 76" TO PROMOTE THE CITY OF MIAMI AND ITS BI-
CENTENNIAL ACTIVITIES, AND AUTHORIZING THE USE OF THE FORMER
UNITED STATES COAST GUARD BASE AT DINNER KEY AS THE LOCATION
WHERE TI.E SEAPLANE CAN BE LAUNCHED FOR NECESSARY FLIGHTS AND
WHERE IT CAN BE PARKED FOR VIEWING I3Y THE PUBLIC, PROVIDED
THE EXECUTION OF AN AGREEMENT WITH ADVENTURERS YACHT AND SAIL-
ING CLUB FOR THE PROTECTION OF BOTH PARTIES IN THIS VENTURE.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mr. Plummer,
NOES; None,
ABSENT; Mayor Ferre.
Mr. Plummer; You understand you will get with the administration and draw up
the formal papers, whatever,.,,.
Mrs, Gordon; And M. Andrews, you will include those things that you felt will
protect the City. That's part of it,
JEAN 2 3 97
Mr. lndtews: That is an atea I'm well acquainted with.
Mts. Gordon: Yes. Well that's what I'm saying, you include those things.
Mt. Freedman: May I just ask one question. The resolution will say that
the City does approve ofthe use of the space if the Federal. Governemetn is.
Mrs. Gordon: Yes, are agreeable and that we're supporting the project as
a Bicentennial Project.
no
�c�t'��' 22. PROCLAMAT I c1 S, PLAQUES, CERTIFICATES OF APPRECIATION, KEYS TO THE CITY
A. Proclamation of "right titter ''onth" nresenfed to "t, Charles
Jacobs
B. Proclamation of the week of January 26 to 31, 1975 as "Jose Marti
Week" received by Mr. Euripides Riera of the Latin American Cit-
izens Coundil.
C. Proclamation declaring February, 1975, as "Parade of American
Music Month", received by Mrs. Harold Rash, President of Miami
Music Club.
D. Proclamation declaring Wednesday, January 22, 1975, "Ukrainian
Independence Day", received by Mr. Walter Chomiak.
E. Proclamation declaring week beginning Wednesday, January 22, 1975,
as "Ringling Brothers and Barnum & Bailey Circus Week", received
by Mr. Gene La Neir.
F. Presentation of keys to the City of Miami to Bob and Susan Abraham
who are visiting Miami from the country of Israel.
Thereupon the City Commission adjourned for lunch recess at 12:00 and
reconveined at 2:00 O'Clock P.M.
PUBLIC HEARING - CLAUGHTON ISLAND —
PERSONAL APPEARANCE OF MR,A,R.DAIK V
AND DEFERRAL OF ITEMS TO FEBRUARY 11
Mr. Plummer: : '''c' 11 start ••,itj^. Item *11 , thva 2:nn P.M. item. Ts the annlicant
here? I think you have a request of the comm:tssion. This is in reference to
Claughton Island. If you'll state your name and address for the record, sir
and proceed.
Mr. Alan R. Dakan: Thank you very much, Mr. Vice -Mayor, my name is Alan R.
Dakan with the law firm of High, Stack, Davis and Lazenby. Our address is
100 Biscayne Boulevard, Suite 1011. We're here today to request
Mr. Plummer: Excuse me, could we ask please for courtesy of the speaker.
Thank you. Proceed.
Mr. Dakan: Thank you very much. We are here today to request from the Com-
mission a continuance of this matter until the February 12th meeting. We
understood yesterday that Mr. Ferre would not be here. We feel as I believe
the Commission does that with the size of the project and the impact it will
have that it would be in the best interest of both developer and the City of
Miami to have the full Commission present when this matter is acted upon.
Based upon this in our discussions it is our understanding that this could
be continued and this being the case, Mr. Poe and our other people that are
involved have left the City. So it would be rather difficult to go ahead
with it today.
Mr. Plummer: All right, sir. There is a request for a deferment until the
next meeting when a full Commission hopefully will be here. Is ther such a
motion? At 2;00 P.M. on February 12th,
J A N 231975
Mr. Plummer: Excuse me, let the record reflect that is 21. (a) and (b).
Mr. Dakan: Excuse tne, Mt. Mayor, could you call 21. (b) just as to the
title so that at least the record reflects that the problem we have is
with the and development of Regional Impact under State Statute.
Mr. Plummer: Call them individually, 21. (a).
A motion to defer agenda item #21.(a) until 2:00 O'Clock P.M., February
12, 1975 was introduced by Mr. Reboso, seconded by Rev. Gibson and passed
and adopted by the following vote -AYES: Mrs. Gordon, Mr, Reboso, Rev. Gibson
and Mr. Plummer.
A motion to defer agenca item #21. (b) until 2:00 O'Clock P.M., February
12, 1975 was introduced by Mr. Reboso, seconded by Rev. Gibson and passed and
adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and
Mr. Plummer.
Mr. Andrews: Mr. Vice Mayor and members of the Commission, before the applicant
leaves I would like the record to reflect for the Commission's benefit that
while they have this two week, presumably grace period as the result of this
action that they take under consideration some of the Commission's concern as
far as the method of moving people in and out of Claughton Island particularly
for the future in that some reservation of property should be taken into con-
sideration to get from the mainland across the main portion of the Miami River
to the island. From the plans I've seen this has not been given any considerat-
ion whatsoever.
Mr. Plummer: Mr. Andrews, I'll do something better than that. I will suggest
to counsel that the applicants consult with Mr. Andrews about some questions
that he will be raising at the Commission level so that you can be prepared
to answer them for him.
Rev. Gibson: ...raise a couple too since we're getting. I hope you will
bring the man in charge of traffic, Mr. Andrews, and I want a more definit-
ive answer than the one he gave me because I think the one he gave me wasn't
very definitive. I'm a layman and I don't understand all of that, you know,
legal jargon. That's #1. #2, I want to make sure that when they come that
they prove to us to our satisfaction within reason that they could carry out.
You know we could well zone and then you make a mint. We don't plan to let,
at least Theodore doesn't plan to let that happen. So I want you to bring
the evidence that you could perform and that you don't plan to, you know now
you may not want to tell us this but you know it is so easy for you to set
it up then transfer it. Do you understand what I mean?
Mr. Dakan: Yes, sir.
Rev. Gibson: Oh, but I want you to prove that to me. And then the third thing
is I'd feel so much better and more comfortable if you brought some of those
businessmen down here. It is very significant that each time we never get
those people here. And I happen to be one person on this Commission, again
I want; I ask God to give me the ability to hear, to listen and also the cour-
age and the conviction to act meaning that I don't necessarily have to do
what the multitude says but I sure want to hear them. Ok?
Mr. Dakan: Very good. Thank you. And incidently, for the Commission's
edification we have already scheduled a meeting with the City Manager and
Mr. Poe so hopefully by the time we come the 12th we will have had a chance
to discuss anything that may be
Mr. Plummer: You'd be very smart to do that, sir.
35
JAN 231975
24i PERMIT COFFEE SHOP CflTRAL SHOPPINdG PLAZA
TRACT "A"
Reboso: Mt. Vice -Mayor, in the break at 12:00 O'Clock I met with the
gentleman of item 3 and with Mr. John Lloyd, the City Attorney and after re-
viewing the facts t think Mr. Lloyd has agreed that he can represent him-
self. This is his business and he is investing. Will you please come for,,
ward.
Mr. Lloyd: This, t agree with. Before we start with Mr. Llopez, I wonder
since he has waited for so long if we might hear from; Mrs. Gordon might want
to claim a priviledge on this, Mr. Bailey; but let me explain first with relat-
ion to Mr. Llopez that this situation is, Mr. Llopez is a lessee of intended
lessee of this property and actually Hayday who operates the Shopping Center
is allowing him to do this for his own benefit. He is doing it himself and
he is the lessee so (1) he has an interest as such or as a tenant lessee in
the property which would entitle him to represent himself and in effect it is
for his benefit. So we feel that there is nothing wrong in letting him pres-
ent the matter to the Commission.
Mr. Plummer: All right. Fine, we'll hear item #3.
Mr. Reboso: Rose, for the records, I would like to state that he represents
himself before the Zoning Board.
Mrs. Gordon: Well may I, Mr. Mayor, may I ask a point of priviledge please
since before lunch Mr. Lloyd agreed that from his department's point of view
certain persons here in the audience could be heard at 2:00 and certain attor-
neys have appeared and are here at 2:00 O'Clock. If Mr. Llopez would relinquish
for 5 or 10 minutes it will not take longer than that.
Mr. Plummer: For what, Rose?
Mrs. Gordon: May I go into it?
Mr. Plummer: Is it an agenda item?
Mrs. Gordon: It is part of a report of Mr. Lloyd's. It is a part of his report.
Mr. Plummer: Let's get ahold of the agenda items first...
Mrs. Gordon: Well this is an impossible situation. I'll tell you very frankly
what it is. If you'll let me speak now. Mr. Llopez, would you permit me to....
Mr. Plummer: Wait a minute, Rose. The point I'm making now, I have the Police
Chief sitting here and I don't want him sitting here and that was a request of
the Chair to put him on so let's get this matter out of the way. I don't think
this is going to take very long. This is for approval and let's go ahead on
this. Go ahead and proceed, sir.
Mr. Reboso: He doesn't speak
Mr. Plummer: All right. Well look, this isn't a big thing. It is to put a
coffee shop in there. It comes with the recommendation of the Planning Depart-
ment and the Planning Board. What do you need, a motion.
Mr. Lloyd: There should be a resolution on #3 in the file.
Rev. Gibson: I'm not a lawyer but look, I just want to make sure we under-
stand what the rule is. This man doesn't own that property. And all along,
you know, Mr. Lloyd, all along...
Mr. Plummer: We have an affadavit in the file, I'm told, in the Zoning Board
that he in fact is representing the owner and has the authority to do such which
Makes the owner bound by this man's actions.
Mr. Lloyd; What he has as I've explained, Father, he has an interest in the
property in the form of a lease hold interest which is a sufficient interest
in the property for him. He is the one that is going to be improving the prop-
erty so he has a right; he is actually representing himself,
Rev. Gibson; I just want everybody to hear Theodore now. When a similar
situation like this come again is guine call that to your attention! Because
JAN 23197
t don't think you're zoned to the man, I think you're zoned to the land.
Isn't that right? Right!
Mr. Lloyd: This is true but this is an applicant and this is not zoning
actually this is a resolution granting permission
Rev. Gibson: My brother, you can call the rose by any name it will smell the
same.
Mr. Plummer: And the thorns will still be there.
Rev. Gibson: All right, I'm going on with you, my brother. I just want to
make sure that the Commission won't change the rule in the middle of the gamy.
Mr. Plummer: Are there any objectors? Hearing none, Mr. City Clerk, call the
roll on item 3.
Thereupon the City Attorney read the resolution by title.
Rev. Gibson: Where is this shopping center? I've been trying to find that
address. Wait a minute! I've been trying to find that address all yesterday
or the day before yesterday and I couldn't find it. Point that out to me.
Mr. Simpson: It's the northwest corner of N.W. 7th Street and 37th Avenue....
Rev. Gibson: I know where the shopping plaza is, where is the building? 3805
evidently doesn't exist. Please, because they had an awful lot of other num-
bers around there and I couldn't find 3805. Right.
INAUDIBLE CONVERSATION.
Rev. Gibson: Now Mr. Andrews, the State of Florida had some concerns about
their existance. You know? Certainly we have some responsibility to other
governmental agency. What does this do?
Mr. Andrews: That does not have really anything to do with their particular
problem which Commissioner Gibson, I'm planning to follow up in another way
and if necessary bring back to the Commission. But this particular matter
while it is the same location is different than their particular concern.
The following resolution was introduced by Commissioner Reboso who
moved its adoption:
RESOLUTION NO.75-82
A RESOLUTION GRANTING PERMISSION, AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE XIII, SECTION
4, TO PERMIT COFFEE SHOP ADDITION TO EXISTING
SHOPPING PLAZA ON TRACT "A" CENTRAL SHOPPING
PLAZA (68-79), LOCATED AT APPROXIMATELY 3805
N.W. 7TH STREET, ZONED C-1A (PLANNED SHOPPING
CENTER) DISTRICT.
(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, Reboso, Rev, Gibson, Mrs. Gordon and Mr, Plummer.
NOES; None.
ABSENT: Mayor Ferre,
JAN 2 3 1975
1' 25, FORMAL PRESENTATION OF NEW CHIEF OF POLICE AND ASSISTANT CHIEF OF POLICE
to THE CITY COMMISSION
Mr. Plummer: Mr. Manager, if you'll take the opportunity at this tithe to
present your appointees, please:
Mr. Andrews: It is with a great deal of pleasure that I introduce, and pethaps
he really doesn't need any introduction, the new Chief of Police, Garland Watkins.
And then in turn the new Assistant Chief, Adam Klimkowski who will be responsible
for. operations. And then, I thought it would be appropriate and I took the liverty
of inviting the additional Assistant Chief, Chief Fox so that all three would be
here. As you recognized they were the three applicants for the position of Chief.
I spent a great deal of time with each one of theft and came to know them better
through this process. And in a way now, I'm pleased that all three are in fact
because they were the three who were pointed out by a private professional organ-
ization, the International Association of Chiefs of Police. That is an indicat-
ion to the City that we had outstanding police officers in the City of Miami
that could carry out the administration of policing in the City. So I am pleased
to introduce these three people. Chief, will you come up.
Mr. Plummer: Please keep your acceptance speech under an hour if you will,
Garland. We invite you to say whatever you would like.
Chief Garland Watkins:' Thank you, Mr. Manager, Mayor and other members of the
Commission. I think the news media had very good observations that I would
speak slow, soft and seldom. So with that I'll ask my good companions, not
only good companions, good friends but the people that a good share of the
responsibility for the administration of the Department is going to be on
their shoulders and see if they have anything to say.
Assistant Chief Adam Klimkowski: Thank you. I've maintained for many years
that despite the fact we do have some weaknesses we do have a fine Police
Department and certainly all of us are going to continue to try to make it
even better. Thank you.
Assistant Chief Kenneth Fox: Thank you, Mr. Mayor and Commissioners, personally
I feel great hope for the future for the City of Miami. I think you're going
to see your police agency truly reflect what you want it to be and I'm really
delighted that we have Garland Watkins our Chief. If anyone can bring us to-
gether he can.
Rev. Gibson: Chief Fox, you may remember what I said. You know I'm not the
smartest man in the world. Do you remember what I said? One of these days
you'll come by and thank me, maybe.
Mrs. Gordon: May I offer my congratulations and sincere best wishes to all
three of you to serve with good luck and good health in the years ahead.
Mr. Reboso: Mr. Vice Mayor, I'm very very satisfied with the decisions that
the City Manager has taken and with the appointment of Chief Watkins of Major
Klimkowski. And as I stated a few minutes ago to the Chief, I am convinced
that we are going to have one of the finest Police Departments in the nation.
Mr. Plummer: Speaking for mjself, Garland, I will say to the other two that
I have not had the opportunity at this time of writing a letter to but as I
said to you in my letter I congratulate you and I pledge any and all author-
ity that I have as a Commissioner to make your job easier to make this a bet-
ter place to live. I congratulate all of you. You've got a hell of a job
ahead of you, now go back to work and get it done. Thank you, nice to have
you here.
Mrs. Gordon: Lots of luck.
J A N 2 3197
261 PERSONAL APPEARANCE;
ATTORNEY GUN BAILEY AND JOHN SOMM8ERG TO DISCUSS
BALL POINT PROPERTY AND POSSIBLE CITY OWNERSHIP
OF PORTIONS OF THE TRACT
Mrs, Gordon: May I bring this matter now?
Mr. Plummer: All right. Mrs. Gordon, you promised it won't take more than
five minutes.
Mrs: Gordon: I don't think it will take very much and you're not using the
timer. This is a matter that has been pending for almost a year because it
Was on January 24., 1974 that I received a memorandum from our Law Department
pertaining to this matter that is going to be brought to your attention now.
A lot of things have occured in the meantime and I believe that at this time
I would like you to.. Mr. Mayor, if I may, I would like you to meet Mr. Guy
Bailey and Mr.. John Sommberg of the firm of Pettigrew and Bailey who will
bring to your attention some very important matters of extreme importance to
the taxpayers of the City of Miami and with regard to a parcel of property
that had been designated as a park site in the Parks for People Bond Issue.
So I would like to call upon them now to tell you what they have found out
through extensive research.
Mr. Plummer: Mr. Bailey, if you would use this microphone over here. Rose,
let me ask just one simple question. Are you going to be asking at the con-
clusion for any action of this Commission?
Mrs. Gordon: I don't know what they're going to tell you so let's listen.
Mr. Plummer: Mr. Bailey, if you will, for the record state your name and
address.
Rev. Gibson: Please understand. Mr. Lloyd, this is legal. You know about
this, don't you?
Mr. Lloyd: Oh yes.
Mrs. Gordon: Mr. Lloyd has given cooperation all the way.
Mr. Lloyd: I think it will all be developed in Mr. Bailey's presentation.
Rev. Gibson: Yes, I just want to make sure.
Mr. Lloyd: I thank you, Commissioner.
Mr. Guy B. Bailey, Jr: Thank you, Mr. Mayor, my name is Guy B. Bailey, Jr.
I am a member of the law firm of Pettigrew and Bailey and with me is an assoc-
iate in our firm, Mr. John Sommberg. Some time back Commissioner Gordon dis-
cussed with us a matter which had prior to that time been discussed with another
law firm and then with the University of Miami Law School. Our initial involve-
ment in the matter was to contribute some money to further the research at the
University of Miami Law School into the matter and we did that and after that
with, I believe the blessing of Mr. Lloyd and at the request of Commissioner
Gordon, we did some further work into it and at this point I think our firm
alone has got some 75 man hours of research into it. I know there are many
many more hours of that which have been done out at the University of miami.
We've talked to the dean who has been very helpful and basically what I have
to say to you is this: The land to the east of the southeastern corner of
Biscayne Boulevard which is known as Ball Point, is that land immediately
northeast of the DuPont Plaza Hotel and the land east of those parking lots
in between the First National Bank of Miami and the DuPont Plaza is filled
land. We've gone back as far as 1846. We don't have a map prior to that time
but we do have an 1846 map when the Hagan Grant gave that land to Tuttle,
Brickell, Flagler and the Port Dallas Land Company. In 1896 it was platted
by those same people, Julia Tuttle and her associates. In 1915 it was granted
to the Florida East Coast Hotel Corporation and I don't know exact date, but
of course the Royal Palm Hotel was there for many years, a large landmark
hotel in Miami. In 1916 there were some small docks added at the mouth of
the Miami River but most, I think all of the land to what is the east and
even including part of that Southeast turn of Biscayne Boulevard was under
water. In 1919 the State of Florida granted that land to the City of Miami..
That land is bay bottom land at that point. Now thereafter there was until
i'
J
JAN 2 3 1975
1943, that is during World War II,some minor filling by the Florida East
Coast Hotel Corporation. On May 28, 1942 they leased that property to the
United States Government. During war time and during the war, I believe it
was the Navy Department but it may have been some other subordinate agency
of the United States Government built out and bulkheaded much of that lard
most of which is there now and has been mostly a parking lot since that time.
Now that lease gave the use of the land from the Florida East Coast Hotel
Corporation to the United States Government. In that same period Florida
East Coast Hotel Corporation transferred the land to the St. Joe Paper Com-
pany. They transferred it subject to several leases. One was a lease to
the Palm Yacht Club in 1934, Another one was the Atlantic Refinery Company
leased in 1940. But the major matter that they were subject to was the 28
May '42 lease to the United hates Government. Now what happened after the
war is that the land subject to that lease went back or went to, away from
the lease, away from the Uni:ed States Government to the St. Joe Paper Com-
pany and they claim title to the land that the United States Government had
built up out there which in effect is a boot -strapping of land, you've bought
land subject to a lease and somehow when you got the lease out there was much
more land than there had been to start with. Now in 1948 there was one last
crescent of land in there on the southeast or the southerly part of the land
which had been used for many years as piers. In 1948 that was bulkheaded
out and built. The land was used, I think since that time, either as a private
park or private land or mainly in my memory since that time been used as just
parking lot and not been used at all. Whatever rights in our preliminary opin-
ion, and I say to you only on a preliminary basis we've done a lot of research
and a lot of fact finding and there seems to us there is a lot more to do;
there is ordered a set of overlay maps to see exactly how this land got built
up over the period of time. But we believe that there are several theories on
which the City of Miami can go to court and assert without a comdemnation
proceeding, assert the title to that land. And it is our recommendation to
you that the benefit to the City of Miami is so great and the legal theories,
we think at least are viable and arguable in court. We think they're pretty
good based upon what we know now. We think that St. Joe bootstrapped them-
selves into the ownership of the land with that government lease. We think
when they did fill the land later that they did not fill the lands to comply
or further commerce; they didn't build docks, they didn't build warehouses
as the statute, the only statute that they might conceivably used to justify
it. They did that and made a parking lot and made whatever else they've used
it for. That was not the purpose of any statute allowing filling. They did
not get permission from the City or the appropriate authorities to do that.
They got permission from the United States Government which had no right to
the land at that point. And we think on a number of theories that the St. Joe
Paper Company doesn't own Ball Point and never has. And we think that the
City would be well advised to proceed with a quiet title action and based
upon what we know now we think the City has a reasonable chance to recover
that land from the St. Joe Paper Company or whoever, I think St. Joe still
owns it, and that's what we've talked to Mr. Lloyd about, we've talked to
Mrs. Gordon about and that is the end of my report.
Mr. Plummer: For my own clarification right off the bat, are you speaking
of the entire tract or a portion of the tract that you feel the City should
and rightfully...
Mr. Bailey: If I can ask Mr. Sommberg to shdw me, bring up the map here, I
think he can show you with a little better detail than I can exactly where
Mr. Sommberg: Mr. Mayor, what we're talking about in 1917 the only land
that was in the bay was within a radius that you'll have to imagine - I'll
draw it for you more or less, along here. We are suggesting that all land
to the east of that point is City property pursuant to the act of June 7, 1919
and that the City has a right to claim title to it.
Mr. Bailey: All of the Ball Point, some of the land on which there is now
hotel, some of the land on which there is now parking lot and some of the
land on which Biscayne Boulevard sits.
Mr. Plummer; So we'll watch Snippy Sheppard jump out of the top. Let me ask
you this. What is your recommendation to this Commission?
Mr, Bailey; My recommendation to the Commission in line with my discussion
with Mr. Lloyd is that the City either hire this law firm, another law firm
or undertake its own proceeding but proceed to determine whether these legal
rights which we believe are there and which I think unofficially I don't want
kJ
JAN 2' 1975
to pull the University of Miami Law School, but we've had help and I believe
that some of their people agree with us. We think that there is a reasonable
chance to recover this land without condemnation proceedings and the enormous
cost that I believe thwarted you once before. We think the City ought to
proceed with this and Mr. Lloyd is the expert as to how the City might proceed
as far as...
Mr. Plummer: Mr. Lloyd, would you like to address yourself to this, please.
Mr. Lloyd: What. I would like to do is to have authorization of the Commission
to discuss the matter with this law firm and then come up with a proposal to
the Commission.
Mr. Plummer: .That's reasonable. Mr. Andrews, do you wish to make any comment,
sir?
Mr. Andrews: I think that the City Attorney has expressed the position well
by asking for discussion. I would like to be a party to that discussion when
it takes place and give us a little breathing time. This is so significant
and so important. and so revealing that we ought to take our steps very carefully
from this point forward.
Mr. Plummer: Let me ask this question. Does all parties, I'm speaking of the
three, feel that you could do this let's say by the 12th or do you want until
the 27th?
Mr. Lloyd: No! Time is of the essence, I feel. I want to do it by the 12th.
Mr. Plummer: So what you're asking then would be a motion that the City Manager
and the City Attorney be authorized to discuss
Mrs. Gordon: May I, I want to give you some more information, preliminary
information. About a year ago, more or less, Mr. Dan Paul and I discussed
this and it was through Mr. Paul that I was referred to the University of
Miami Law School and it was through his efforts and his associate, Mr. Parker
Thompson that monies were raised to pay for this preliminary research. I just
want you to know that Mr. Parker Thompson who has been following this and work-
ing I understand hand -in -hand with Mr. Pettigrew and Mr. Bailey's office is
still involved but they do not, they are not of the kind of firm that want to
get involved in this on the basis of this kind of work. They would and will
give whatever help they can, supporting help, I don't know the legal terminology
for it but there is one.
Mr. Bailey: I think really consultation and advice. They don't want to, as I
understand it, get into a litigation on behalf of the City. But they have been
extremely helpful and as I say they started the initial research at the Univer-
sity of Miami and helped to....
Mr. Plummer: Mrs. Gordon, would you like to offer the motion at this time?
Mrs. Gordon: Yes. I would like to offer a motion that would be. No, Father
wanted to say something and I want him to have his say first.
Rev. Gibson: Mr. Vice Mayor, Mr. Bailey and I are friends, don't tell him I
told you. So I would hope that we would just kind of do it the other way. I
would, you know maybe procedurally I'm not with him; wouldn't it be a good
thing if the Legal Department requested, you know rather than... Do you
understand what I mean? So that we lock you in there, Mr. Lloyd. That's
just what I'm saying. I don't want you to be dealing with that at arm's
length. I want you to be so tight in there, man, that you can't even let your
pants down.
Mr. Lloyd: We want to be that way, Father, and under the Charter we have to
be that way and I think Mr. Bailey will tell you that we have been quite well
working hand -in -hand up to this time.
Mr. Bailey: That is absolutely true.
Rev. Gibson; As a neophite not understanding, you know I would like to have
the Legal Department recommending to me; my brother, so that when you go home
he has this on his back all of the time. Do you understand what I'm saying?
Mr, Bailey; Yes, Father,
J.AN 2 3197
Rev: Gibson: Ok.
Mrs, Gordon: I think I would like to offer... Yes, I do, Father. I want the
motion, if you please, Mr. V_ce Mayor, to be not a discussion but a conclusive
type of motion. We know now that we have something worth fighting for, we think,
We should proceed, WE don't believe that we should go into some kind of vague
discussion because I think that the time losing factor may be to our detrimefit,
So I would like to move a motion that our Attorney go into some kind of a Con-
sultant contract subject to his approval, of course, and our Manager and that
they proceed posthaste to go after this if indeed we have claim that we loose
no time and let nothing slip away from us. So I move it that way.
Rev. Gibson: I'm going to second the motion and make it very clear that I
expect that Mr. Lloyd understands that this isn't to be treated at arm's length
but that; you know, even if he is going to ask you to donit, sir, we want him
to know. We expect him to come back.
Mr. Plummer: All right. Father, just so there is no misunderstanding then,
you know I'm always the one I guess who has to bring it up. But before I
vote I want it understood that before anything is entered into that we, the
Commission know dollar -wise what we're talking about.
Mr. Andrews: At this point, I'm the one, I'm the agent in behalf of the City
Commission that would have to sign these contracts or agreements and I can
assure you I'm not going to do that without advising the Commission. I would
think that between now and the 12th with Mr. Lloyd's participation and mine
that we should be able to come back with something very positive as to accord
the direction...
Mr. Plummer: Fine, just so it's understood.
Rev. Gibson: And Mr. Vice Mayor, maybe I'm not very clear. I want the City
Attorney to come back with the recommendation. You see what I mean, Mr. Bailey?
Mr. Lloyd: Yes, sir.
Mrs. Gordon: Mr. Bailey, may I ask a question? Is the way the motion is being
made, is that going to preclude your continuing action on this until that time
or can you continue? Because as I understand it...
Mr. Bailey: We've continued this far, Commissioner Gordon, we'll continue
until we can either work out some arrangement with Mr. Lloyd....
Mr. Plummer: Motion Understood? Call the roll.
The preceding motion, introduced by Mrs. Gordon, seconded by Reverend
Gibson was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs.
Gordon, Mr. Reboso and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre.
NOTE: THE PRECEDING MOTION WAS DESIGNATED MOTION No. 75-82A.
Mr. Plummer: Mr. Bailey, we do appreciate it and we hope that this thing
proceeds the way that it should. Mr. Manager, as a personal thing would you
invite Mr. Bob Paulk up here at his earliest convenience this afternoon. I
have a question which I believe only he can answer.
Mrs. Gordon: May I thank you for your time that you've given us. Thank you
very much.
JAN 231975
APPEARANCE BY KAISER ENGINEERS
'Id"o`2a. RAPID TRJSIT CORRIIXR ARESEN ATIONYBYRTHEOPLANNINT
G DEPARTMENT
Mr. Plummer: Knowing this morning that there was a good possibility that the
Claughton Island would be withdrawn or ask for a deferment I asked the Manager
to please move up the 4:30 item to 2:00 O'Clock. The 4:30 item is #22 and it
is in reference to a discussion on the rapid transit corridor and routes:
Ellen, are you going to handle the whole thing? Ok. If you will, please.
Father, this is I think something that you wanted to be very careful. I have
moved up the 4:30 item to 2:00 O'Clack which is the item of rapid transit and
they're here now to make their presentation to this Commission. Just so that
there will be no misunderstanding, if anyone is in the audience for Claughton
Island, it was deferred until February 12th. Ellen, if you will go ahead, for
the record state your full name, who you represent and your mailing address,
please and proceed.
Ms. Ellen Walker: Ellen Walker from the Transportation Coordinator's Office,
19 East First Avenue. I realize that you all have been receiving briefings
and memos from your administrative staff so I'm not going to give you an up-
date in that sense of the term and your staff has been very active in the
Transportation Program and I will be introducing in one moment Mr. Ralph
Mason who is the Assistant Project Director for Kaiser who will be discussing
all the alternatives and then the selections and recommendations and you can
direct all of your technical questions to him. But I did want to call your
attention to certain important dates and events that are coming up within
the next month. First of all, I'm sure you know by now, on Tuesday the Board
of County Commissioners passed a resolution authorizing amendments to the
Kaiser Dade County Contract relative to a feasibility study of mini -systems,
one of which is the one that the City of Miami has requested. So it will go on.
The other three are 163rd Street, Miami Beach, the Airport; the study will be
completed by May 1 and cost about $40,000. So that is one thing that is under
way and I'm happy to bring that news to the Commission. Secondly, I believe
this was given to the administrative staff but I have it here if you all would
like one. The preliminary application was given to the federal government in
December and it is a great summation of the entire program, the process and
the basic financial needs. Thirdly, the final application for us to get fund-
ing for next year will be turned in in March of this year. The way the Federal
Government goes, inorder to get money for the 'fiscal year '75 you have to
have everything turned in by March and we are. Now very crucial and relative
to this is the Comprehensive Master. Plan of Dade 'ounty. Now it is supposed
to come up or is scheduled to come up before the Board of County Commissioners
on March 31st. The acceptance of the Comprehensive Development Plan on the
part of the County is crucial to whether we will get any funding at all because
the new transportation assistance act of 1974 says, the one you know, the 11.8
billion dolla program says that in order to receive financial assistance from
the Federal Government we have to have a Comprehensive Area Development Plan.
So the two are pretty tied hand -in -hand. Now UMTA or the Urban Mass Transportat-
ion Administration is coming down the first week of February to look at the
entire transit program including the financial element. In terms of public
hearings I know that I heard that the City of Miami wants to have public hear-
ings about the different alternatives, now the County will hold public hear-
ings on Milestone III and IV on relocation and land use the latter part of
February. The Milestone on route alignment will be held in March. These
public hearings are like a joint effort between the State of Florida and Dade
County. Now if the City of Miami wanted to go in and be a part of that that
would be fine or do whatever you feel is best for you all. The draft to
Milestone V, what Ralph Mason will be speaking on will be available on Monday.
I understand it is this thick and you shouldn't drop it on your toe but I will
be bringing copies of it here for you all. Any questions in general?
Mr. Plummer: When are the proposed dates of the hearings?
Ms. Walker: The proposed dates have not been solidified. They are shooting
for areas, they have to line up places. So for the Milestones III and IV it
will be the later part of February. Milestone V which comes under formal con-
sideration by the community starting January 27th, they are shooting for a
mid -March date in terms of public hearings. Now these draft Milestones, 1500
of them will be available on Monday to be distributed to the community activity
groups and within the month or month and a half, they're going to give that
much time to look at it, there will be a public hearing on it, And they have
them in separate areas of the county, T would like to introduce to you now
JAN 23 1 7
Mt. Ralph Mason, the Assistant Project Director for Kaiset who hopefully has
all of the answers.
Mr. Ralph Mason: Ladies and gentlemen, thank you for this opportunity to de-
scribe out recommendations. My name is Ralph Mason. I work for Kaiser Engineers
who is the general consultant to Dade County on the Rapid Transit System. We
were hired about 16 months ago and have been working hard ever since to better
define the transit program for Dade County and to allow, as Ellen described
the application for final design funding and construction funding to go to the
Federal Government. Now the plan for Dade County as described in Milestone I
which came out in September of last year has two major corridors, one that runs
north -south through the county and one that runs basically east -west. There is
also another branch on the east -west route that runs north -south. These two
lines, the north -south and the east -west as planned and as approved by the
County Commission for further planning, I guess they had public hearings last
month, do go through the City of Miami, the downtown area of the City of Miami
and I guess there's something like 25 miles of these routes within the City.
I'd assume that your primary interest today would be in the routes through the
downtown area and I'm going to describe those first, our recommendations. If
you wish to hear about routes in other areas I would be very happy to discuss
them. In the downtown area we had to weave through the City and serve the City
two routes -the north -south route, the east -west route. The east -west route
generally goes from Flaglercare area to the Mac Arthur Causeway area in terms
of where it is going and where it is coming from. The north -south route gen-
erally is coming from the Civic Center and going south along the South Dixie
corridor. So given those fixed points in terms of basic service we developed
four general concepts for service to the downtown area of the City of Miami.
Now these maps on the tripod here in front of you were contained in the preset-
ation of data document that Ellen mentioned had been given to your technical
staff, your technical planning staff. What these four maps show are the four
basic concepts that we identified as W, X, Y and Z. Now the "W" concept
basically, and this map here shows an arial photo of the City...
Mr. Plummer: Mr. Mason, excuse me for interrupting you. Is it possible that
you could move this map so that the administration and part of the people could
see it at the same time that you're speaking? I think if you put it along side
of that other podium and turn it in such a manner.... Can the Commission see
it? Ok. This way everybody can see
Mr. Mason: Ok, this is concept "W" and the reason there are so many lines on
here is it not only shows the basic corricors but it shows alternative routes
within that corridor. For example, the north -south corridor alternatives on
this particular concept "W" included a route that would come along 5th Street,
go down the F.E.C. right-of-way directly south or could come across llth Street
and do the same thing or across 13th street and do the same thing or could veer
over to Brickell Avenue area as it goes south. Those were the basic alternat-
ives on the north -south corridor. On the east -west corridor in this particular
concept we generally start off either on First Street or Second Street north
or Flagler or First Street South. One of the alternatives comes directly
through on Flagler Street and comes right down to Biscayne Boulevard and then
goes north. A further alternative curves onto Second Avenue and then back
onto Biscayne and goes north. Yet a further alternative takes a more northerly
route and serves basically Second Avenue and swing down onto First Avenue and
with alternatives, one being to go directly up Second another to come further
east and then go up Second. Now the difference is between these particular
alignments relate to the geometry of the system in terms of its ability to go
around corners and go up and down grades. This particular route was an under-
ground route, a bored tunnel, a tunnel that in fact would be constructed com-
pletely beneath the ground with no surface work except in station areas. These
other routes, this one here too, that one alternative was also shown as either
an underground route or an elevated route. All of the other routes were planned
as elevated routes and the reason for going further north here is to cross the
I-95 expressway where it is at a lower elevation therefore allowing the tracks
to be at a lower elevation therefore allowing the station to be at a lower
elevation. So these were the basic route alternatives in concept "W". The
key feature of this concept is its central transfer terminal either here or
here where the north -south route, the east -west route and the extension of the
I-95 bus -way that we recommend would all be brought together at one location in
the Government Center Area so that easy transfers between all of these routes
could be made. That was a key feature of this concept. Another key feature of
this concept was the service to the downtown area in terms of walking distances
to any station, This route basically boxes in the downtown area in terms of
service, It has a station at this corner of the box, this corner, this corner
JAN 2 3 197
and at this corner. What that means is that in the future growth of the down-,
town area is very adequately served to the north and at the current activity
centers to the south and southeast are also adequately served in tetiits of walk-
ing distances from any of these major buildings to the nearest station.
Another concept we looked at was concept. "X" which had ,a somewhat iti f frreet.
approach in that it put the major transfer terminal between the two route:; sough
of the City in this area down here. And it does thatt because it uses a south-
west Eighth Street route for the route going east -west. In other words the
east -west route comes east -west along Eighth :street and then swings north along
Second Avenue and then goes,on to Mac Arthur Causeway. The east -west route would
be the same as in concept "W" or very similar in that it could use Fifth Street
and then the F.L.C. or llth Street and then the F.E.C., etc. What this concept
does, it still provides a good level of service to the City in terms of station
locations but it does place this very important transfer facility outside what
is currently considered as the CBD. It also means that the bus -way terminal
area would not be adjacent to that facility but would be somewhat remote from
it necessitating probably two transfers by people, for example going from north-
east Dade to Cutler Ridge. They would transfer, well they would have to.trans-
fer once. If they were going west they would have to transfer twice. So it is
less desirable from that point of view. It is also quite a lot less desirable
in our opinion from the point of view of this station and this transition through
the City at this location as this area being the most intensely developed, cur-
rently intensely developed area in downtown Miami, is truly the most susceptible
or the most expensive and the least desirable in terms of knocking down buildings
or relocating businesses to provide the transit route. So this section we felt
did create a lot of problems in terms of getting through that area. In addition
the distance of this station from the river is a lot less than the distance of
this station from the river and what that does is make this station a much higher
structure in the air because we have to be clearing the river with an elevated
track at 75 feet clearance to allow the shipping to proceed on up. That means
that this station is going to be a very high facility in the air which makes it
more difficult to access and more difficult to integrate into the downtown area.
Mr. Plummer: Mr. Mason, let me ask this question. Isn't it a fact that actually
Kaiser has boiled all of this down?
Mr. Mason: That is correct.
Mr. Plummer: So really for us to look at the alternates now is really history.
I think what you should be showing this Commission so that we can voice our
approval or disapproval is waht route has Kaiser definitely boiled down to and
let's look and discuss that one, not the ones that they previously looked at.
Mr. Mason: Fine, we can do that. This data will be actually in printed form
on Monday. I just have gotten the printers proof sheets that show the align-
ments that we're recommending and I'd like to show those to you. In fact,
they are very similar to some of the alignments we saw on concept "W".
Mr. Plummer: While you're adjusting, a question. Is the Douglas Road area
in a different Milestone than what you're showing here?
Mr. Mason: No, sir, it is not. It is in the same Milestone. I can show that
one to you on a larger scale map, the recommendation for the Douglas Road area.
This is the recommended alignment. Actually it shows three alignments because
in the process of examining the downtown area we went through an initial eval-
uation, about 4 concepts which was a very extensive job and we determined that
that wasn't good enough and we reevaluated three new alignments. Now these
three alignments generally follow concept "W" in that they have an east -west
route from the Flagler Street, S.W. 1st Street area to the Mac Arthur Causeway
area and a north -south route that uses the F.E.C. railroad right-of-way. Now
my specific recommendation is as follows: The north -south route should be an
elevated route with a station located here at about 8th Street and in this
area which is about First or Second Street north in the Government Center Com-
plex area and the route should go directly on south along the F.E.C. railroad
right-of-way as an elevated route. Our recommendation on the east -west route
is that it should also be an elevated route. And to do that it has to use
this particular alignment. It swings slightly further north to cross the ex-
pressway where the expressway is lower then angles through the Government
Center area with a station at that location then runs down to the north side
of First Street, I mean the south side of north First Street and then curves
onto the east side of Northeast Second Avenue and then goes on north. It
crosses over to the sest side of Northeast Second avenue or to the center of
4)
JAN2?197
Northeast Second Avenue depending on whether that street will be widened at
that area and there is another station up there. So there are tour stations
on the east -west route and two stations, the Government Center and the 8th
Street Station on the north -south route. The other two lines you can see
here where underground alternatives that we did examine for the east -west
route. Our specific reasons for selecting an above ground alignment ate
detailed in the repni`. If you want to sir, I could read them to you. I pre-
fer to read them rather than to quote them.
Mr. Plummer: I don't think it is really necessary.
Mr. Mason: Ok. So that is the recommendation in terms of the downtown area.
Mr. Plummer: All right, would you follow that on out for me, please? In
other words west.
Mr. Mason: Ok, now going west this is the route we just looked at, a much
larger scale. Going west the route uses the south side of southwest First
Street. Now that route was chosen as a balance between the taking and dis-
ruption of residential property and commercial property. I think in terms of
an ideal alignment we would be on Flagler Street. But all these streets are
so narrow as to preclude, in our opinion, the provision of the transit system
in the middle of the street. That means that the transit system would be
located on the side of the street and to provide the necessary spacial barriers
for noise purposes, for visual intrusion purposes. We need to take a half
block all along the south side of First Street. And the reason we chose First
Street, as I say rather than Flagler, it is the only other through street in
this area which means we don't have to go across blocks except at this east
end and it is less of a commercial area than is Flagler though it is commerc-
cial. We feel that in terms of disruption to the Latin community in this area
that we would be very happy to use whatever street, whatever side of whatever
street they deem appropriate within the S.W. 2nd Street to N.W. 2nd Street.
And our recommendation for S.W. 1st Street is only our opinion of the best way
to handle it. We fully expect further input from a citizens district in this area
on what they feel is the most acceptable alignment to that Latin community.
The route then turns north and has a junction with this other route and goes on
up to the Miami International Airport Multi -Mobile Transportation Center and
will terminate at that point. Going south it goes on the South Dixie Corridor
all the way basically, to Cutler Ridge. In Cutler Ridge it veers off to the
east slightly for a better station location. The north south route originally
we suggested either a Ponce De Leon alignment or a Ponce -Douglas combined align-
ment or a purely Douglas alignment and on the basis of resolutions passed by the
City of Coral Gables and on a lot of public input from a citizens district in
this area we are recommending the Couglas Road alignment. North of Flagler
Street I think that that is basically noncontroversial. I think most people
agree that this alignment in terms of the new airport facility that's planned
is the mot desirable. WE cannot be on Le Jeune here because of the clear zone
requirements for this runway. Our elevated structure would be within that
clear zone. So we have to be further to the east and Douglas Road becomes a
logical alignment by the airport and on south. In this area there was a lot
of discussion. Coral Gables actually said, "We'd like to have it on ponce
underground and if it's not underground we'd like to have it on Douglas" and
we could in no way justify an underground system along Ponce de Leon Boulevard.
We cannot even justify it in downtown Miami in terms of the expense in this area
of constructing tunnels. So our recommendation is to use east side of Ponce to
about, it could be the center of Ponce..., the center of Douglas, the east side
of Douglas or the center of Douglas if you wanted to widen Douglas and make it
a two-way street in terms of separated lanes each way. The transit could be in
a new median but it will require the acquisition of property along the east
side of Douglas. It could be the west side but again we looked at our photo
maps and we looked at the property in the area and determined cursorily deter-
mined that it would be less disruptive and less expensive to acquire property
on the east side. Going further north it switches to the left side of Douglas
for the same reason in terms of property acquisition.
Mr. Plummer: Ok, does anybody have any questions? All right. Father Gibson.
Rev, Gibson: ....everybody says put it on the east side of Douglas. Coral
Gables told you to put it on the east side of Douglas.
Mr, Plummer; Mr. Mason, why don't you, if you wish, step behind the podium so
you can...
JAN 231975
Rev. Gibson: Yes, Mr. Mason. This isn't your problem because you know. It is
interesting that Coral Gable:; said put it on the cast side of Douglas. You may
not know this but the east side of Douglas is in the City Limits of Miami. It
is not in Coral Gables. I just say that .o that you know, to add insult to in-
jury.
Mr. Mason: I'm aware of the fact that Coral Gables appears to want service but
doesn't want the route in that community and it also may be that the City of
Miami could feel the same way. I don't know. But we did not only get resolut-
ions from the City, we got a very strong feeling from our citizens who not only
live in the Coral Gables area but also live in the City of Miami that that was
the best route as far as that was concerned.
Rev. Gibson: You know, I have more opinion, sir. That's what my business is
all about and we heard... You didn't have anything to do With this but so the
public will know, we had that same kind of argument when we were talking about
where we were going to carry the sludge line. You know, no not North Miami,
not Miami Beach, let's send it down to Miami. You see? Ok, no offense to you
I just want you to know that we are sensitive to other than other folk. You
know what I mean?
Mr. Mason: Mr, Vice Mayor, may I make a comment? I think the problem here
is a very understandable one is that people when they imagine and think about
rapid transit they think of it as an offensive thing, an offensive structure,
a noisy, a rattling device. It is not. In New York it is, they are all old.
People who lived in New York, and Boston think of rapid transit in those terms.
But I think I would like if I can to stress the fact that what Dade County hope-
fully will get is a modern, quiet, clean system. it will not be offensive.
It will provide good service to the Community. So if there is any way that we
can try to project that image and hopefully we will be doing that in future
months with pictures and renderings of the system, I hope that we can dispel
this bad neighbor image that Rapid Transit has.
Mr. Plummer: Well Mr. Mason, let me clear up a misconception in your mind, sir.
It is not that objection. The objection of the people who operate and do business
on Douglas Road who arc forced with the fact: of their livelihood being taken out
from underneath of them. I agree that it always resolves down that we want prog-
ress as long as it doesn't affect me. But I can almost tell you right now, Mr.
Mason, that the Commission is probably going to go on record in resolution that
we are in favor of Douglas Road underground and if not that it go on the west
side of Douglas Road. So this is what you're going to be faced with. Now I'm
just giving this to you that unfortunately you are being caught up with Miami's
finally taking a stand and saying that were not going to be kicked around any-
more and I don't know that this is the place to start but I guess this is about
as good as any, that we're going to tell some people that Miami is not going to
be the end of the line, Miami is going to be the beginning of the line. But I
don't want you to get into the middle of that hassle, it's not your bailiwick.
Rev. Gibson: My final comment is that I appreciate what you're saying that it
is going to be clean and noiseless but you know nobody has ever tried it. So
you're leading me in the realm of an unknown that I must go with faith; like
childlike faith in God scared to death that the bottom is going to drop out.
Mr. Plummer: Ok, Mr. Mason, if you'll.. Mr. Andrews has a question.
Mr. Andrews: With the permission of the Vice Mayor I'd like to direct my
questions right to the gentleman speaking. As I understand it, you have made
an analysis as to what would constitute the best route mainly taking into con-
sideration the need for transportation and the corridors are based on that.
You have examined through aerial photos and probably ridden the areas of these
major routes in such a way that you have a feeling for the neighborhoods that
will be affected by the elevated expressway, elevated transportation way if it
is installed in that manner. I wonder as a point of beginning because you're
the, at this point, the prime mover of recommendations to tlw' county, have you
given serious consideration to, and you've expressed that you'd be taking a
half block in some instances of property in order to achieve this. Is it pos-
sible that the City and the community might achieve the best of two worlds by
acquiring that kind of right-of-way through the transportation system and then
moving that system to the center of the roadway and relocating the roadway on
both sides so that we have a boulevard affect with landscaping and the entire
people mover in the middle so that it is not backed up against properties that
otherwise might not he attractive and give an opportunity to provide landscap-
ing along that area along with the roadway construction and we could really
4t1
JAN 2 31975
46
create something very desirable for this community. But it would have to
have a point of beginning with a consultant engineer having that feeling for
this community. Otherwise, with your recommendations coming forth to the County
Commission and to the City Commission and with time restraints that we have we
can get so immeshed in solving just the elevation of this system that we ate
not in a position to make really good decisions for the community in terms of
what this whole system is going to look like and the street operation in core,
junction.
Mr. Mason: In any location,' Mr. City Manager, where a half block is recommended
and those recommendations basically are, flow from the criteria we established
that says in a residential area you need to take 215 feet of right, -of, -way basic-
ally to insure that no property is within 95 feet of the system itself and that
basically is for noise reasons. Now in those kind of situations your options are,
really two options; one is to take that property and locate the transit alignment
on it at some point and develop it any way you wish, a linear park or any other
way you wish. The second alternative is the alternative that you suggest which
is to in fact make that highway into a separated facility in terms of land direct-
ions and to locate the route and the median of the new highway. I think there
are many areas in the county where that would be an appropriate urban design
pact. I think those kinds of details as to which way you go are unlikely to be
resolved in this program. I think that is an appropriate measure to be deter-
mined in final design. The key thing that we have to determine in this program
is is this the right place for the route specifically and how much property has
to be taken, Either of these alternatives takes the same amount of property if
you widen the street, put another street over there then it takes the same amount
of property. So in terms of this program I dor't think it's essential that those
items be resolved. I think any recommendation from the City in terms of specific
locations would be valuable. If you felt that Douglas Road should be a two direct-
ion facility in terms of two lanes or three lanes each way with transit in the med-
ian fine, that would be valuable information to us in terms of your urban design
goals.
Mr. Plummer: Ok. Mr. Acton, do you wish to have some input at this time?
Mr. Acton: Mr. Vice Mayor, the administration has prepared an analysis of the
proposed recommended station and route alignments by Kaiser Engineers and after
the presentation we will hand a memorandum to the Commission which embodies
most of the information that we'll be transmitting at this time. WE have for
your review prepared three maps. One of the maps illustrates the consultants
proposed alignments which is the map in the middle. The map on the far left
is a composit map that shows both the consultants' recommendations and the City
Administration's recommendations in the map to your left is the recommendations
of the Administration for the CBDA area. Now in evaluating these alignments
route and station criteria were analyzed which were particularly appropriate
to the City of Miami. The rapid transit route between stations offers no ser-
vice to abutting or adjacent properties so that the goal should be to minimize
disruption and relocation through the use of available right-of-ways, prefabri-
cated construction and construction management techniques. In viable commerc-
ial areas the transit route should primarily utilize the available right-of-way.
Secondly, acquisition of a half a block, not just 50 feet at the side of each
right-of-way, and finally utilize the route to clearly remove substandard or
obselence in structures as part of the redevelopment plan. In residential areas
the transit route should primarily acquire a half a block; secondly utilize
rights -of -way if ample and that's the point that Mr. Andrews mentioned to the
Commission, and every feasible means should be taken to avoid public park lands.
As the Commission is well aware, during the building of our expressway system
a number of the City's parks were cut in half or virtually destroyed by the
route alignment of the highway system and we're recommending that if at all pos-
sible this not happen when they try to align their routes - they should go around
park lands. The station areas provide service to all within walking distance to
persons arriving by feeder busers or kiss'n ride commutors and in certain instances
to park and ride patrons. The stations should be located adjacent to major arter-
ial streets, he capable of integration with existing centers and thereby strengthen-
ing them or becoming the focus for redevelopment which upgrades the surrounding
area. The next statement is extremely important in terms of our evaluation of
the proposed route alignments. And that is: Stations should serve every major
activity center directly and place most workers in the activity center within
walking distance to the station to generate ridership for the system. What we're
saying there is that if at all possible station locations should be placed in
easy walking distance of those existing activity centers or those centers which
the City of Miami believes should be developed to create a viable commercial area
such as the vacant four block parcel of land that is in the Du Pont Plaza area,
JAN23197
We will address this later but I wanted to point out that out suggested alternat-
ives are based on trying to locate the stations within the activity center, not
in the periphery where it would mean that you would also have to develop some
type of "People Mover System" to get the rider from the station location to the
activity center itself.
Mr. Plummer: George, let me not rush you but I would like to conclude this by
3:30 because I have a very distinct feeling that you're going to be going over
this assuming this Commission has a public hearing that you're going to be going
over it again at a public hearing. So you'll be using these same charts during
a public hearing that you're using today. So if you can just hit on the high-
lights and try to wrap it up by 3:30.
Mr. Acton: Alright. This is of course the prerogative of the Commission on
how they want to handle the ?ublic hearings. All right. Without any further
ado.then, I would like to go to the map that shows both the consultant's recom-
mendations and the City's recommendations. If you'll just flip that map over
you'll show the suggested, I beg your pardon, will show the suggested alternat-
ive route alignments.
Mr. Plummer: Mr. Mason, can you see this clearly? Because you most import-
antly should know what is going en.
Mr. Acton: Ok. And very simply, they are beginning to the west, it is down
at the Le Jeune, Ponce, Douglas route; we believe the route should be located
to serve the commercial activity centers which presently exist in that area
and we're recommending that :he route be shifted from Douglas over to Le Jeune
up to Ponce cutting across eventually to Douglas Road. This would place the
station locations where they should be in close proximity to the commercial
activity centers and not on Douglas Road where the rider would face the problem
of leaving the station and having to walk quite a distance from that point to
the activity centers. In other words, we think the Miracle Mile, the Ponce
office area should be served directly and within walking distance of those
stations, not over on Douglas Road where it is quite remote. The same situat-
ion exists in the Civic Center Area where the proposed location by the consult-
ant follows Wagner Creek which is on the extreme west end of the Jackson Medical
Center Area. Now this would very definitely necessitate a people mover system
from the station location to the Civic Center or to the Jackson Memorial area.
It's at Cedars. In other words what I'm saying is it's on the extreme west end
of the medical center. We're recommending that they shift the routes so it
comes down 1th Avenue and with the station right directly in the medical center
area so the individuals that are walking to their destination can do so by walk-
ing and not by having to transfer to a people mover system. The next major
alternative is in the central business area and very simply we think that the
proposed route alignment by the consultant do not adequately serve the activity
either potential or existing activity centers in the downtown area especially
those that presently exist in the Brickell area and the one that I mentioned be-
fore which is located in the DuPont Plaza Area. If. the Commission would rem-
ber, there was quite an extensive report done in connection with the Downtown
Zoning Study that addressed itself to a major highway alteration to try to serve the
DuPont Plaza Center area. The Commission also probably remembers that the major
reason why those four blocks are not developed right now is that the owners of
those properties will not develop those properties until they have assurance
that people and goods can arrive conveniently and easily and yet they can still
maintain the type of intensity they're looking for.
Mr. Plummer: That isn't so Mrs. Gordon says, says we're the owners of those
properties.
Mr. Acton: No, that's Ball Point. So, I say very simply you can see the red
lines in the CBD map are those alternative locations that we have recommended
for service through the Brickell area through the downtown area to better serve
the area and expecially the major activity centers. We're also recommending
that the major transfer point in the downtown area be shifted from the Govern-
mental Center up to the underneath the 395 Expressway which is the present
location of the Greyhound Station which would make the express bus system
that is contemplated to come down 1-05 be possible to swing right down 395
and not be route proposed by the consultants in the black line. What I'm say-
ing is that the bus system could use the expressway system all the way through
to the major terminal point. And the last modification that we've recommended
is the route that leaves the Governmental Center. We believe that the red area
is a much better location for it and that very simply are the highlights, Mr,
Vice Mayor of our presentation.
JAN 2 31975
Mr. Plummer: Your red line corning west? Is it on Flagler Street all the way
out?
Mr. Acton: Right. No, it switches. That's first see. It':, a slight Modifica-
tion from what the consultants recommended. WE concur with them that S.W. 1st
and Flagler is the best location mainly because it comes withih about a 3 or 4
block walking distance of the Orange Bowl. We're very concerned that we locate
a station as close to the Orange Bowi as possible.
Mr. Plummer: In your red line, what are you suggesting west of the rivet?
Mr. Acton: We're suggesting that it take a more direct route.
Mr. Plummer: Out Flager Street.
Mr. Acton: Yes, that's correct. It's first S.W. First and Flagler Street.
We're concurring with the consultant's recommendation that Flagler
Mr. Plummer: You know, I'm just old enough George, to remember something I
don't think any of you hae taken into consideration. You know I can just recall;
do you know why S.W.Flagler Terrace was built?
Mr. Acton: No, sir.
Mr. Plummer: Ok, Andy Crouch is old enough. Now the thing I don't think has been
taken into consideration, that was built for the street car. OK? And that was
where the eventual bottleneck got into Flagler Street was because of the Street
car. Now the thing that is rather obvious to me is why hasn't that been utilized
at this time that that Flagler Terrace, if you run out Flagler, use the Flagler
Terrace? Do you understand %that I'm saying? At 12th Avenue you pick up the
Flagler Terrace and take out the bottleneck. That's what it was built for orig-
inally 40 years ago for the street car. Ok, go ahead...
Mr. Acton: We'll look at it. That's very simply, we just hit the highlights.
Mr. Plummer: All right. Mr. Manager.
Mr. Andrews: I have some recommendations. This is so important that I don't
think the City Commission should join the County Commission in joint hearings
as to what might take place in the City of Miami. 1 think the City Commission
either through the administration and participation of individual Commission
members should certainly attend the County hearings that will be held. But I
believe that this is so important that you should call special hearings, three
of them at night well publicized, one in the north end of the City somewhere
near the route wherever we can arrange that, one in the central area of the
City where we can arrange it near the route and a third location would be in
the south corner near the Douglas-LeJeune Road, U.S. 1 area to have these pres-
entations made and to hold public hearings when we have the sufficient informat-
ion to do so which will be in about three weeks and we would inform the Commis-
sion and set up some alternate dates and perhaps at the meeting of February 12th
that's even a little late. What we'd better do is to inform the Commission and
then you can telephone me if that constitutes a problem and we'll set up a date
so we can publicize it well in advance and get information out to the public.
Mr. Plummer: All right, a special meeting of the Commission in the evening for
the purposes of having public input into the mass transit which is being pro-
posed for Dade County.
Mr. Andrews: This will sound like a duplication because the County may be do-
ing the very same thing but on a broader scale. But I think it is important
that this Commission come to its own conclusion and contact with the public
and then make your feelings known to the County Commission as you interpret
them from the public hearing.
Mr. Plummer: A11 right, Mr. Andrews, do you want until the 12th? You don't
want to set a date now.
Mr. Andrews: No, I will write a memorandum to you and suggest a date and if
that constitutes a conflict then you'll let me know and I can change it. Other-
wise if we wait to a meeting to set the date we'll take 5 weeks to achieve
that.
Mr, Plummer; Right. In other words what you're saying is still put the input
into the regional meeting, into the County meetings but you feel that it .is
JAN 231975
important enough for the City people that we ought to have our own meetings
to get the voice of our own citizens which I concur with.
Mr. Andrews: Yes, sir. There's 26 miles
Mr. Plummer: And then we will invite the County if they wish to sit here and
listen to the input that we listen to Mr. Kunst, if you can be brief.
Mr. Kunst: Yes, sir very brief. First of all I'd like to say that I'm really
excited by things that have been said here by Mr. Acton and by the City Manager.
You're giving the people a real break now because I know we've gotten bottle-
necks on the County level and some of your proposals are really very very ex-
citing, very appealing. I'd like to mention in particular Mr. Andrews' concept
of putting for example, if we were to stay on Douglas and deal with the center
of the road we'd be talking about 1'itterally switching the concept of travel
there from a four lane to perhaps a two lane but we would not have to eliminate
all of that very expensive property that is on the east side of Douglas. This
was, being in District 5 which dealt specifically with this thing in our group
we were really upset about just the number of properties south of 8th Street
on the right hand side that would have to be Laken up. It would be the most
expensive proposition in the County. The couple of things that I'd like to
point your attention to here, as a consideration for. Mr. Acton and a consider-
ation for the Commission, I would like to point it out on the map here.
(INAUDIBLE)
Mr. Plummer: Excuse me, Bob, I hate to interrupt you but this is the very
purpose of what we're going to have a public hearing for so that you as well
as others will have the right to give input.
Air. Kunst: (INAUDIBLE)
Mr. Plummer: What you're saying is you've got to make it convenient for them
to make them want to use it. I understand.
Mr. Kunst: (INAUDIBLE) I'd like to just briny the attention that on a general
level of anything that has to do beyond work Metro has and Kaiser has gotten
very close to dealing on a work level, anything 9 to 5. If anything other
than that in terms of recreation and sports and cultural and all of these act-
ivities have really been remiss and this is very important for our future and
our development and
Mr. Plummer: All right, well this is the very purpose of why we've got to
have a public hearing so that people such as yourself and others can be heard
on these matters and that we, the Commission can go forth before the County
and fight for these rights.
Mr. Kunst: Right, and I really applaud your doing this.
Rev. Gibson: Mr. Vice Mayor, I wonder if the presenter of this program here,
both - I didn't see them. You know I preach for a living and I always watch
the people out in the pew. I didn't see them looking or reacting as if they
were hearing.
Mr. Plummer: Well Father, they were furnished with copies by Mr. Acton of
these charts and they did look on their charts.
Rev. Gibson: Ok, let me ask. Did what you say sir, is what you said in Mr.
Acton's chart?
Mr. Plummer: Yes, the alternates.
Mr. Kunst: What I'm talking about is a lot of it, yes.
Rev. Gibson; I just want to make sure. You know?
Mr. Plummer: All right, thank you very much, we'll have of course public
advertising as to what the first date is and we'll go from there.
JAN 2 3 1975
44/
28, ADDITIONAL DISCUSSION
CARNIVALS BOOKED FOR MARINE STADIUM
CONFLICTS BETWEEN LIONS CLUB AND ST,KIERNANS CHURCH
Mr. Plummer: WE now have Leo Steinman back. This is Steinman against
St. Kiernans.
Mr. Leo Steinman: I don't thi.ik we're against anybody. That's alright. J.L.
I love you and we're brothers many years. Let me say first that you all made me
very unhappy because I had run away from 2000 underpriviledged kids at the circus
and you know how I am with my kids. That is the truth and I feel very bad about
it and I hope you won't make me feel any worse. It seems that the controversy,
and I know what it is; Brother Plummer, is that the _gentleman of this church
around November weht to the marina for the possibility of having a carnival
and they were told that it would be $350.00 a day and that they would have to .
make an application, etc., etc. Some things were told to mo confidentially and
I'm not going to say what they were. However, up to this date they never came
back to fill out an application which I did today. Now if they did, Mrs. Agnes
stradley doesn't know the first thing about that application being filed. These
gentlemen were called after we appeared here this morning and told that this
council waived the fee and what else they might have told them but they hurried
up and got here after we left to see what they could do to further their point -
I'11 put it very kindly. I might say to you, Brother Plummer, that with the
Lion's Club, if you'd like to know, I make 24% of this carnival. The last carni-
val in Hialeah two weeks ago we did $2,200, I made 85 bucks for three weeks work
and I spent 60 of it on gas. And go on and on and on. Money doesn't mean that
to me. You ought to know it by now over these years.
Mr. Plummer: Leo, this is not the problem. Now just hold up a minute. Mr.
Crouch, you are the one who has been dealing with this, sir, and I think it
will be up to you to apprise this Commission of the posture of both applicants
and what recommendations if any that you have that we can resolve this matter
peacefully and to everybody's best interest.
Mr. Crouch: The action the City Commission took this morning was to react to
Mr. Steinman's request for the problem that he had where he under misinformation
thought that he had an application and that a time was going to be made avail-
able to him for Marine Stadium and the Baseball Stadium as he requested. He
did not fill out his application and he got with me two days ago regarding
some conversations he had had with Mr. Hays and my communication with Mr. hays
was that he was going to submit his application and they would be considered.
So the fact that he came and the City Commission took the action they did this
morning to grant him these dates. Then developed the problem that the St.
Kiernans had in that they had requested a March date which I don't recall what
the dates were from the City, that they had indicated that they were ready to
operate, that they were going to be the lead persons on having a carnival at
the Marine Stadium and although we did not, and again I contacted Mr. Hays
because of his direct communication with them. They did not indicate that they
would have exclusive use of this facility up until that time. They were under
the impression that they would be the first and the problem that is developed
is the fact that they feel that Mr. Steinman coming in at this time with a
carnival at the Marine Stadium will undermine the operation that they have
been planning and are working towards. The problem comes basically as to
whether Mr. Steinman can retain the dates that were given to him this morning
for the Marine Stadium, for the carnival, for the Lions Club. He has in his
application or his request is for a period of time at the Baseball Stadium run-
ning from January 30, 31, February 1 and 2 at the Baseball Stadium and then mov-
ing over to the Marine Stadium on the 6th, 7th, Sth and 9th. This is where the
problem comes and I feel that because of the two problems that have been
generated that the only way would be to get them back before the Commission and
the wisdom prevail as to who has prior rights. lt's another one of those matters.
Mr. Plummer: All right, Mr. Andrew:;, do you wish to comment?
Mr. Andrews: Yes. This main not sot_ well with each of the applicants as to
what I'm about to suggest. But what i recommend that we do is make available
to the Lions Club the time that is possible and I'm sure that they can make
some adjustment to use the Baseball ;stadium for both months and make available
the Marine Stadium for the church to use it during that period of time.
Mr. Plummer: In other wores what you're saying, what are the dates in the
dates in the baseball stadium? January 30, 31,
JAN 2 3 975
Mr. Andrews: And February 1st and 2nd.
Mr. Plummer: And what you're recommending.
Mr. Andrews: Is that they just carry on through the 6th, 7th, Sth and 9th that
way.
Mr. Plummer: Well it would just be a continuation really, wouldn't. it? That's
what your recommendation is. Now let me see that I understand this. Because
Leo, I was involved in this from the very beginning when the church approached
me was it feasible that it could be done and then I approached the Manager who
expressed to me that it had never been done but he would be welcome to explore
whether or not and in fact would be a first if it were to be done. And of course
the Manager subsequently came back and said yes that they would like to explore
the use of the parking lot aid he then through negotiation direct with them was
the first of its kind. Now we might be boiled up in semantics here. Leo, let
me ask this just as the point of apeasement. The City is in fact waiving the
fee. What would be your objection to what the Manager has proposed of the
Mr. Steinman: ...Like in Shell City the Miami Baseball Stadium is a high risk
area. We find that if we stay in a place like that over three or four days we
invite trouble and you invite a riot and you invite a riot and we don't want any
riots. As you know that is correct, sir. Tha:'s why wherever you have a carni-
val - 3, 4, days and out you go. We experienced that in Shell City. One time
we had a carnival there for 7 days and after the 4th day the youngsters got rangy
and it was very dangerous. That is number (1). (2) We're running this for two
different Lions Clubs. I just had 10,000 tickets printed. It'll be ready at
5:30 tonight on what this Commission told me. Thirdly, brother Plummer, if we
go in in February and they go in in March it is a month apart. You very well
know that when we had a carnival for the black police at l.lth and 22nd Avenue
around Thanksgiving not seven blocks away St. Michael's Church had a carnival
with no detriment to anybody. Now Mr. Hays asked us to go into Marine Stadium
which these gentlemen, I understand according asked them to come in with
his carnival and he says no way. I will not use the name of the carnival man
they have, you can look at it confidentially. You'll find that he has been
barred from Hialeah. Ok?
Mr. Barkett: Let me interrupt at this point.
Mr. Steinman: No, may I just make this point and then I'll stop. There is no
reason in the world that we can't have our carnival in February. The people
that come in there as Mr. Hays says, are mostly transient people that come in
a park on Saturday and Sunday. The people that come in there in March are going
to be completely different people. So what difference does it make if we have
ours in February, they in March? There is no difference, sir.
Mr. Plummer: Are you finished, Leo? Mr. Barkett.
Mr. George E. Barkett: As I appeared this morning I said that Jack Royal was
our carnival man. Just 10 minutes ago Mr. Steinman said that that was his carni-
val man.... Well the Father is here
Mr. Plummer: Please, I'm not going to tolerate any debate between you too.
Mr. Barkett: Thank you, Mr. Plummer. This is how we became aware of it. Jack
Royal told Mr. Steinmann that he will not go to the Marine Stadium
Mr. Steinman: (INTERRUPTING).
Mr. Plummer: Mr. Steinman, I gave you the courtesy 1 will ask the same.
Mr. Barkett, continue.
Mr. Barkett: We were going there and he said that he told this to Mr. Steinman.
We did not know that this was before the Commission until Jack Royal was in my
office this morning and that' s when wo came here . 1 t was our opinion and under-
standing with Mr. Hays and Mr. Jennin<t:: and we'd been working with them for
about three or four months, and you're aware of this, Mr. Vice Mayor and you
told us that we have it, go ahead and make all plans, everything is cleared
and approved. We have had hundred thousand tickets already prepared, already
mailed. We have posters already being put up. We have spent a lot of time,
money and effort, I think that Mr. Jennings is right there, he will tell you.
Maybe it is a word of semantics, Mr, Plummer, that we understood that we are
the first to be there. Now we are respectfully asking that we continue to be
JA
the first even though the dates are March 7th, 8th and 9th which we're to use
it. HiS is February 6, 7, 8 and 9. Now there is the difference ih a month
but the days are the same: WE are going to put over a first class carnival;
not just rides but everything. If his is a failure it is going to kill us, it
is going to hurt us. And this is the reason. I believe in the Lions Club, I
believe in Civic Organizations, I'm a member of several civic organizations,
fraternal organizations and all and I think, and I respectfully request this
Commission to leave it as is and let him stay at the Baseball Park like he
was told, I said this morning that I understood that several had asked and I
talked with Mr. Jennings. t don't want to use names before the Commission, I
did say it to Mr. Jennings that if the person couldn't have used the Marine
Stadium he then asked for Dinner Key here and this was rejected and they told
him also to go to the Baseball Park.
Mr. Plummer: Ok. Mr. Manager.
Mr. Steinman: May I say just one thing, please? 1 would like at this time
to propose, and if this gentleman believes what Jack Royal told him that Jack
Royal and I, and I not take a lie detector test but a penethol test and the
man who tells the truth gets this property. He never talked to me; I swear
to God, one word. Ok? It is terrible to do this to the Lions Club who have
been helping the blind people, blind children. This money is to build a camp
at Lake whales to build an industrial site for blind people here.
Mr. Plummer: Leo, there is nobody disputing that the money is not going from
both sources to a good cause. Mr. Manager, do you have any other solution?
Mr. Andrews: I have another recommendation if this continues and that is after
we get this problem solved that we not make the Baseball Stadium or the Marine
Stadium available for these kinds of activities.
Mr. Plummer: Hey, you know this is what you're generating here. I can see
that without any problem.
Mr. Andrews: And this is not the only time that this Commission is going to
face this kind of problem. Here in your generosity you're willing to set aside
the fees as much as we need the money to operate, you're doing all of that,
you're making the site available and now you have a serious problem because
two people can't work this out. Now my recommendation, and this is the City
Manager's recommendation; you can follow it if you want to or you don't have
to, is to offer to Mr. Steinman the availability of the Baseball Stadium, we'll
work with them, let them put this on, let them set their dates a little further
apart, let the event go on at the Marine Stadium, let Mr. Steinman come back
after the March date if he wishes to use the Marine Stadium again after that.
He is welcome to do so and everyone will be served.
Mr. Plummer: Mr. Barkett, do you wish to speak?
Mr. Barkett: I just wanted to say this: Mr. Steinman was shocked when he
heard that we agreed to pay the $350.00 a day.
Mr. Steinman: I sure was.
Mr. Plummer: Wait a minute, please let's don't get into that now. We've got
enough problems. Let's keep personalities out of it.
Mr. Barkett; He was so shocked about that and I think Mr. Jennings is right
there. He says, "Perfect, Mr. Jennings, everything is agreed on" until this
morning when this Mayor was gracious enough, this Commission and waived the
fee for us.
Mr. Plummer: Ok. Commission, we're on the horns of a dilemma.
Mr. Reboso: I move that we accept the proposition of the City Manager.
Mr. Plummer: All right, we have a motion made to accept the proposition of
the City Manager which if I understand it is that Mr, Steinman be given the
dates at the Baseball Stadium January 30, 31; 1 and 2 and February 6, 7, 8 and 9
also at the Baseball Stadium and that the March date of 7, 8 and 9 be given to
St. Kiernans Church. Is there a second to the motion?
Mr. Andrews; And as a matter of trying to appease the difficulty here that you
in order to make this go together as much as possible because there is a prob-
lem here that we honor a time for Mr, Steinman if he chooses to come back to the
Marine Stadium after the March date of this carnival.
JAN 4 v 1975
Mr. Plummer: After Leo got burnt once he ain't going to do it again. r can
tell you that.
Mr. Steitunan: That's right. I think it is very very unfair.
Mr. Plummer: There is a Mot._on made, is there a second?
Mr. Steinman: Maybe, may I ask a question, Richard?
Mr. Plummer: Is there a second? Is there a second? Father Gibson, take the
chair, 1'11 second the motion.
Thereupon Father Gibson assumed the Chair.
Rev. Gibson: Is there a second?
Mr. Plummer: I second the motion.
Mr. Steinman: May I say something to brother Andrews and you all too have
been very very kind. May I make this proposition, of course, we've got $200
worth of tickets that the Lions Club is now going to loose 200 bucks. Would
you be willing, brother Andrews, and you've bean kind in the past and although
I said I'd never ask again, the lot the llt.h and 22nd is empty. The firemen
just left with the Christmas trees, there is nothing there. C;ivc me that lot,
I will give them the marina, I'll say God bless you Father, I won't be mad at
nobody.
Mr. Andrews: If the Commission will also then go on record that that will not
constitute a continuing use of that 22nd Avenue property so that we don't have...
Mr. Plummer: The guy is agreeable, Paul Across from the shopping center,
Rose, llth Street and 22nd AVenue. The motion is withdrawn record.
Thereupon Mr. Plummer resumed the Chair.
Rev, Gibson: Mr. Vice Mayor, I always say that if you let people talk to each
other long enough they'll work out beautifully. I want to offer a motion that
we carry out exactly what brother Steinman indicated and giving the church the
Marine Stadium, giving him also the Miami Baseball Stadium and the other site.
That's the motion.
Mr. Plummer: So wo understand and for clarification of the record, Mr. Steinman
will have the dates of January 30, 31; 1 and 2 at the Baseball Stadium. He will
have the dates of 6, 7, 8 and
Mr. Steinman: We want to change those dates as long as everyone is agreeing, we
want to have the carnival across from the Miami Restaurant during Easter for the
Cuban people and the Manager said we can work it out.
Mr. Plummer: What dates?
Mr. Steinman: March 24th to the 30th.
Mr. Plummer: All right. I'll put it a different way. The four days at the
shopping center location. That means that St. Kiernans will still be first on
the dates of March 7, 8 and 9. Everybody understand?
Mr. Steinman: Everybody happy?
Mrs. Gordon: And you don't have anything until the end of January, beginning of
February, right?
Rev. Gibson: I'll tell you Rose, later.
Mr, Southern: Mr. Vice Mayor, I don't have that motion clear.
Mr, Plummer: You've got it baby! Call the roll. 1'11 give it to you.
Mrs. Gordon: Wait a minute, let's everybody get
Mr. Plummer: We've got it straight. Call the roll.
Mrs. Gordon: Father made the motion, 1 seconded it and that was that it was
going to take place in the new location in March.
Mr. Steinman: At llth Street and 22nd Avenue, Northwest in March:
Rev. Gibson: You're ahead of the game.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-83
A MOTION AUTHORIZING THE USE OF CITY -OWNED PROPERTY AT N.W.
22ND AVENUE AND 11TH STREET FOR CARNIVAL USE BY THE LIONS
CLUB ON MARCH 24TH THROUGH MARCH 3OT'H, 1975.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Mrs. Godon, Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
PERSONAL APPEARANCE-MR,BOB PAULK, CIVIL SERVICE BOARD
DISCUSSION ITEM - DETERMINATION OF DATE FOR RESULTS OF SERGEANTS AND LTS,
EXAMINATION AND POSTING OF RESULTS AT POLICE STATION
Mr. Plummer: Mr. Paulk, will you come up to the microphone for a point of clari-
fication? I don't care, I want it on the record. Mr. Paulk, I've been asked by
many policemen which their livlihoods and careers are at stake, what is the date
that the results of the Sergeants and Lientenants Exam will be forthcoming so
they will know where they stand?
Mr. Robert Paulk: Commissioner Plummer, I have been advised by Mr. Fox that we
will be supplied by the 31st of January of this year of those results. Now they
will not be presented to the Civil Service Board for certification until the
4th of February and at that time the results will be released.
Mr. Plummer: All right, would you please take it upon yourself with the approval
of the Manager that you post just what: you've told us at the Police Station so
these men can know. Mr. Manager, do you have any objections to that that he can
post such a notice at the Police Station and these men will know that it will be
most likely in your hands the 31st and ratified by the Board on the 4th?
Mr. Paulk: Prior to the posting, I want to reconfirm that through discussion
and I'll call Mr. Fox.
Mr. Plummer: Please do. These men are very much interested. I mean this is their
career.
Mr. Paulk: I sure will.
Mr. Plummer: Thank you, Mr. Paulk.
•
Ca TINUATION OF STREET LIGHTING PROGRAM UNTIL TERMINATION
30, DISCUSSION ITEM- OF PENDING LITIGATION
AUTHORIZING CITY MANAGER TO CONTINUE
Mr. Plummer: I have a memo from the City Attorney in reference to the Street
Lighting Program. Basically, Mr. City Attorney, will you for the record read
into it what you said ih your memo about the city continuing so that there will
be no hold up on this program.
Mr. Lloyd: Well there was some question as to whether or not it was appropriate
to continue negotiations for preparations on the Street. Lighting Program with
the Florida Power and Light Company according to the way we have been doing .in
the past in view of a present lawsuit brought against the City of Miami by a
firm which came here as you will recall some time ago and requested that com-
petitive bidding be entered into. Our memo to that was to the effect that be-
cause the court, even though there is ,r present lawsuit, has not entered any
injunctive process which would prohibit or enjoin the City from further negot-
iations or further continuation at this time, • It is proper for the City to
continue at this time whatever negotiations or whatever process we are going
through to acquire the new street lighting.
Mr. Plummer: All right. Now Mr. Manager, do you need a motion of this Com-
mission to proceed?
Mr. Andrews: Yes, I would like one because of the many things that were said
with reference to this entire program, the fact that it should go out to com-
petitive bidding, the lawsuit and I understand that there may be an institut-
ion of a new suit. I think that is proper that the Commission express them-
selves in the form of a motion so that I can proceed.
INAUDIBLE
Mr. Plummer: Rose, basically what this is is giving the Manager the authority
to proceed with the street lighting program unri 1 the termination or a judi.cat-
ion of the lawsuit. The City Attorney has ruled that he can do such and all
he wants is a motion allowing the adminis t.ation to proceed with the program.
Mr. Lloyd: So that we may actually clarify this let me state that even though
there is a lawsuit that lawsuit has not been resolved and there is no injunctive
order which prevents us from proceeding.
Mr. Andrews: The reason that I want the City Commission to adopt a motion is
that the actions taken by the Commission as a result of presentations made here,
we left the street lighting matter in a state whereby the Manager was given
directions to proceed on a contract basis, development of contracts rather
than the normal basis we had been operating. So I would like that adjusted
so I can move ahead.
Mr. Plummer: A11 right, Rose, do you want to offer such a motion? Father,
you want to second the motion to proceed with the street lighting program?
Ok, motion made that the administration proceed with the street lighting
program made by Mrs. Gordon, seconded by Father Gibson. Is there any discus-
sion?
The following motion was introduced by Commissioner Gordon, who
moved its adoption:
MOTION NO. 75-84
A MOTION AUTHORIZING AND DIRECTING THE CITY MANWU R TO PRO-
CEED WITH THE CITY'S STREET LIGHTING PROGRAM PENDING TERMIN-
ATION OF LITIGATION ON THIS MATTER.
Upon being seconded by Commissioner Gibson the motion was passed and
adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None, ABSENT: Mayor Fcrre and Mr, Reboso.
Mr. Plummer; Mr, Manager, I'm going to make a suggestion which on its face
might sound a little selfish hut I'm going to make the recommendation to you,
We, the Commissioners have received some complaints about those street. lights,
JAN 2 3197
I will recommend that once you start this program again that around our homes
that these lights be installed so that we can see the affects of these lights.
There is a possibility that this Commission might want to stop that program or
alter it. I would suggest that around each one of our homes that you install
these lights so that we can live with them for 30 days and let us see if the
complaints are justified. I would suggest that to you.
Mr. Andrews: There is one area where we're using the post top fixture where
we would install those, you would have to recognize that that would have to be
an intermediate fixture. It would be close to what we want and we're very close
to the ideal fixture so the fi:cture that might be installed in post tops at
this time would be a stage in between waht we have and that which we're seeking.
But it will be a way of measuring the effect of the.....
Mr. Plummer: Well Paul, it is one thing to drive by and look at something and
it is another thing to live with it. So that's why I'm recommending around a
Commissioner's home you put these lights so that we can see what they are and
see whether or not we feel that the criticism which has been forth coming is
:ustified.
JAN 231975
c)51, PENSION ORDI I S —
"A"—E"`►lCH_N1'lll_llF"—"/ l_►I
►l_ 121 IN_rlllllIll Irn 1II t►►
Mr. Plummer: _:f t may profer, you have a condensed version of the
ordinances and Mr.. Silver, what we might do is take each one and
read the brief summary of what it accomplishes and what it doesn't.
Mr. Andrews: We don't necessarily have to read from the memorandum,
because we supplied the Commission with the memorandum but what I
would like to do is to suggest that you take each ordinance one at
a time and that When we are finished reading it for the record as we
have to do, that Mr. Silver give you a very brief description of what
that particular ordinance accomplishes. Mr. Lanken is here assist
in explanationtand the employee representatives are here and the
actuaries, Kruse, O'Connor and Ling to assist the Commission in answer-
ing any questions and eliminating any doubt as to what is taking place
on that particular ordinance and when that is fully understood, you can
vote on it and go to the second one
Mr. Plummer: I would like all the employee representatives that are
affected to please come up in the front row.
Mr. Salerno, Mr. Harrison, Frank and all of you come up here where
we can see you nod your head, yes, no, fall out of the chair, whatever
is appropriate. Mr. Williams too.
Mr. Silver: We have taken out the emergency provisions of the
ordinance. This will be ordinance "A".
The only thing that was deleted in the title was the reference to the
emergency measure.
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS
AGENDA ITEM 23 "A" DELETING THE EMERGENCY PROVISIONS.
Mr. Plummer: And now if you will briefly describe what this does?
Mr. Silver: Members of the Commission, what this Ordinance "A"
basically does is it gives the Retirement Board, the Retirement System
the right to limit disability benefits to those members who have received
accidental disability retirement and who are performing services which
are substantially equivalent to those services that could be assigned in
the classification from which the member had retired. The ordinance
further provides procedure for subsequent physical examinations of
members who have received accidental disability retirements.
The ordinance also provides for the right of payback of contributions
when the member has been out on accidental disability retirement and
comes back in. In addition, a provision of the ordinance allows the
assignment of an employee to another job classification within the
City, if the employee consents to such assignmentand providing that
the salary of the new classification is no less than 100% of the
employees job class from which he was transferred.
That basically is what this whole ordinance entails.
Mr. Plummer: Mr. Lanken, anything on "A"?
Mr. Lanken: No Sir, but I can respond to any questions.
Mr. Plummer: No. You have nothing to add?
Mr. Andrews, anything on "A"? Mr. Kruse?, is there any financial
impact with this particular thing?
Mr. Kruse: This is a definite step forward. You aro improving the
overall administration of the disability retirement provisions of
the system which we have recommended for a long period of time.
We think that the long range cost impact will be favorable. That
is it will result on a long range basis in decreased costs to the
retirement system.
Mr. Plummer: Thank you Sir. Does anyone on the Commission have
any questions? Do T hear a motion?
JAM ?? 1975
i1r. Silver: T bellevo that there .i:, it l?;cal oeel hero ilr Plummet.
(1 t. the otlpI.oyee union:; have suggeet:e1 filet: they c•;.►nt. _t ch..tngo
to which we have no o6 jeCLLon This iu r.cr) trclin'J the provision roe
p<tyback .►nd whet. the uninne wi.^h to 1:':O. added in thcrcc is a paint or
clarification that: if the employee fails to pay beck the cont:ributienu
that he; ,~hall not be entitled to creditable service time Cot thc
period he was receiving a disability retirement e1llow nCe and we
certainly Have no objections.
!Ir. Plummer: Let rn,:! just make one po h_nt_ clear and this will cover
over to ;ill portions that we will be voting on today.
Even though these motions are not exactly whet. T h.ic1 hoped for, 1
will tell you that they are a stem, a beginnin ; , in the right disc t ioi1
and I think it is something that: is lone( overdue. I ant willing to
instigate these particular ordinances proferred, work with theta for a
Line, to see whether further modifications or further changes are needed and
because of that, I .intend today, to vote for .ill of these ordinances.
It's a beginning, Mr. Clerk, call the roll. on Section ":1".
AN ORDINANCE ENTITLED:
23. n.
* Ordinance :eee-:eding certile :;ilb-•;ecti.in:; of tits• tlinrri
City !'l;,!?lovc•Ns' Retirement: system (i)rdin.ulrt'
Deterher !;, 1•'19, :e, r.r.:Prde'd); as :eppe.1rinf; in c•e,eii.fi.-
cntion form .15 .1 p.trt of Chapter :' o' the code of the
l..l l.,7 111 t'IL:tel, C lV L 111:l, 11W, :1:. .lRleilll t=U, teere
particularly, repealing .uh-::«ections 1.1 and 12 of
Section 2-9! qf said (:hepter 2, entitled "!`eee::.►. inetiun
of Benef[ci.irie.; Retired on Account of l)isabili .y•', and
substituting therefor new :sub -sections 11, 12, .2-1 end
12-2 of Section 2-91 e:n�itl=_d "Limitation of disability
Benefits And 1teexa ivation of B=tneEiciaries Retired on
Account of 1115rebilit:y", thereby f;iving, the Retirement
Board of tlie iii; 1i City i:enployee'S' Retirement Svatetn
the authority to limit pension benefits of members
receiving c'is:thi lit! retirement benefits when ;paid
members perform services t.hich are substantially
ecitivalent to duties that can he :►setgned within the
classification from which the riember was retired; pro-
viding further for the reduction of pension hen. -fits of
a member recei•: ine accidental dic.:tbitity retirement w'ien
the member is engaged in performing services which are
subst.inti:ally equivltent to the duties that can be
assigned within the classification from which the
employee was retired when the mecber's salary from said
occupation when added to the sum the member is receiving
on account of accidental disability exceeds 100 per cent
o.: the salary for the clessicicat_ion from which the
employee was retired: pro:'idine further for the receier
by the Retirement 1;oerd of infc,cna:ion concerntee ;ha
salary aired teee of c'mpin:-'e_r,t of members receivi•e
accidental disabilit•, retirement benefits: pro': il!t'
relrtiter iOL' ph• eical e•:;.uniltaliolt of members receiving
disability retirement. :illo•eance; providing further for
the procedure t',, be foli.owed in t1e event a uember re-
ceiving an accidental et ieeh ll t.ty retirement in able to
perform service within hi:: e•I.-t^esittc,ition in ,..cord?nce
with the requirements of the. Civil Service Rules :l^,d
Regulations of the city of Ptl::fiat; providing further tor
the i•i:;ht of p evbeek of contributions to the ili.lmi Cite
Employees' Retirement :;yr;ttm in the event nn employee
is returned to :•, .it ter receiving In accidental
disability retirement: peeviaine further for phenical
exnminatton cO a i;leeber receiving en eee'i de•rt::ei dile
ability reti.rement nlll••,r:enee .-it: the place ut residence
or to member or :lt' :e pl:i:• e rn:!etaily agreed epee h•, 1.he
member end the ?',•t. iree•:'rm.t eci•erd; providing further t lr
the procedure to 1.'t4 t.eke•n in the event o member rl'C •i•!ioe
nu aeeident:al l!1 i ehi 11t:'.' t'.': i ;'elat'rtt .i) 10'r:en: i! rt!Ltt te.i
till
)AN 2175
to „Itlt-15t to ;! ){','••,ttc.!i. ...tt.l�'1�1R Itre�':i.11:`t'trt-h,.r to�
the to t'`tinat i:`:1 .,! :.:1 ! '(! i .ern t , L d i ::.tbi l i t `• rotir.ulo,ot
rlll.Qw,tnce i:il 'l :t ti:t:'I'atpe' id
is no Ietn;C'r il}c 1p.i:!t.it'"1 l' .t, rt``tl'i's to .tt',:npP t-7,1'0 0y.-
t1P.nt '>I Tcrc,l 'tt I!;tit it T',".' t{ ;t' E,tr1'i}f•:' for '1... ..i:,
t Ct E .ti'j T..t..^}•t'r t l` ,12 l•t ioh r l (ts.: ! i I, i :' .}�!•
snid t ether :h(,t:); • t n i•,'[ .•t-t i t ll i }• l• i .
c:la ..l I.lcnt i. !trn,,.1.1' I• ,il,..et t.t. . t•• .
f'.+�i!;1: �`;lr ..� 1�{!iil' }'rt�.1•�•{Ilr! tii.if :1'oti.',
Was introduced by Commissioner Reboso and seconded by Commissioner
'Gordon and passed on its first reading by title by the following vote-
AYESt Commissioners Gibson, Reboso, Gordon and Vice Mayor Plummer,
NOES:
ABSENT: "Tauter i'0rre.
The City Attorney read the ordinalce into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
THEREUPON MR. q T',"r 'One} t'111; ORDTN\NCE T 1 rETY 13Y TITLI',
.1S .1G7,:1D11 I':1:1 23 "13" DnLETT;7G TiTE I '1ERc;I;NCY PROVISIONS.
Mr. Silver_ Ordinance "T3" very b;isi tally can ,)t. explained this
`•;.i '. 1. memhor now who recni es lit '\c:cidottt- a1 'li.ahili ty Retirement
Is entitled to .a return of contri'lthti ons in .'ddi Lion to the monthly
benefit which he receives. The purpose of this ordinance is to
eliminate the return of cntributions in the case of accidental
disability retirements.
P1r. Plummer: Joel, T discussed you one time before but for clar-
ifications. Its my opinion that a person who presently has an
application before the board, we should play the rules by the previous
rules assuming this is adopted, should be handled under the old rules.
In other t•,ords, '.:hat is the cutoff date? I don't want to see a rash
of applications between now and whatever the cutoff date is but I
will fight for those people who have applications in played by our
rules, I am going to. protect them.
:1'-. Andrews: ; don't think Mr. Lanken better answer that. I think
you had better net` the City Attorney .to relate that to the ordinance.
The other thi nti ' think i a your discussion, that we ought to settle
is, that while T in ;?r i.nciplt` agree with what you are ,-ittemptin.,- to
achieve, we ought to announce at this time, a cutoff date.
'ir.. Plummer: 'That's what I an trying to do now.
Mr. Lloyd?
"Mr. Lloyd: Well in the first place, the effecti"„ date of the
ordinance will be determined if an application is granted for a
pension after the effective date of the ordinance. There would
be no return of contributions i r ::he application has been made and
processed 1_'efore the effective date of the ordinance, why then of
course, it would be under the Gild ordinance.
Mr, Plu:•ttner: "kl.l what is tht' oflTc'ctive dato:t
'Ir. Lloyd: {?e have to 11:h\'•` a 2n.i readin't on this ordinance.
tint' would h.iv to advertise. You ltnvo not yet advertised
d
these ordinances h.'ve you.
Mr. Southern: No Sir, not until they arty adopted on 1st reading.
rlr. Lloyd: The next fleeting is l''ebruary 1.2th, There will not bct
enough time set therefore -
Mr, ?Andrews: Excuse mo but there is enouclh time, there is about
20 clay .
mr.. ;;outhern: '1'os, we have ;t little longer.
JAN 2 31975
Mr. Lloyd: Okay, if you have a little longer, then February 12th
will be the 2nd reading. Now .it is our custom to make the effective
date of the ordinance a date which is 30 days from and after the 2nd
reading. Is that not right Mr. Clerk?
Mr. Southern: That is correct,
Mr. Lloyd: So the 2nd reading will be on February 12th. Now 30
days after that -
Mr. Andrews; May . Ir interrupt Mr. Vice Mayor and City Attorney?
The Commission can then make the effective date the day after the
12th, say by the 14th. Can they not do that?
Mr. Lloyd: T am going to have to check the Charter and the :,t.ite
Statutes because T think the Charter provides for the effective
date and T want to check that. T think its 30 days after 2nd reading.
Mr. Plummer: On the new taxicab ordinance. tt was effective back
on October 31st. Anyone holding an application at that time were
grandfathered. Anything beyond that, 1 think you have to establish
a date, whatever that date be.
Mr. Andrews: May 1 make this suggestion then? See if the City
Attorney would agree because we are all anxious to expedite this
because we are anxious to get operating under this to eliminate
the problems that we have, that we have the advertising and we have
the 2nd hearing on the 12th. is there anything to prevent the
Commission from adopting them on 2nd reading as an emergency ordinance?
Mr. Plummer: When?
Mr. Andrews: On the 12th. Tt becomes immediately effective.
Mr. Lloyd: All right, that could be done.
Mr. Plummer: Now Mr. Lanken, do you wish to comment on "B"?
Mr. Lanken: No Sir, other than to state that it lines up directly
behind the recommendations flowing from the City Commission.
Mr. Plummer: Mr. Kruse, do you have any comments on "B" Sir?
Mr. Kruse: Based on a 5 year average and our estimate at this time,
it should result in an annual saving approximating 240 to 250,000
dollars.
Mr. Plummer: Thank you Sir. Mr. Andrews, do you have any further
comments on "I3"? Mr. Parks wishes to be recognized on "B".
Mr. Ralph Parks: Not on "i3". T just want to for the benefit of
many people to clarify that the cutoff date on all these ordinances
has to be the date after. the 12th?
Mr. Plummer: That's a good question. Mr. Andrews, is it your
intention that all of these ordinances will be effective the 13th?
Or just "B"?
Mr. Lloyd: That depends on what you make them.
Mrs. Gordon: Air. Plummer, may T remind you about yesterdays conver-
sation of the Investment Committee Meeting which requires a body
be in effect until our next meeting. If the cutoff date is the day
after the 12th, you in effect don't have the new entity, and you
don't have the old entity.
Mr. Plummer: That is correct,
No, you do have the new entity but for the purposes of the trustees
meeting, as T said yesterday, the old board would open it up and
listen to the report of that quarter and then the new hoard would
close it out.
JAN 231975
Vice
Mr, Andrews: Mr. Mayor, :eau will have to bear with me. and they
can specify the exact number of days but there is 30 or 45 days
after the date that the ordinance is adopted that the new board
will have to come into effect ,and without that Board in place,
no one can legally act and t am sure that the City Attorney would
advise that the old trustees would have to remain -
Mrs. Gordon: Those 2 particular ordinances that deal with the
creation of the new hoard would not be the same as these other
ordinances that we are making effective the day after the emergency
hearing on the 12th.
Mr. Plummer: That is correct. Do you understand Mt. Parks?
Mr. Parks: After these are passed, you have elections that are
involved before these boards can be created.
Mr. Plummer: The Board will still be the watchdog of the trustees
until the first meeting in April.
AN ORDINANCE ENTITLED-
b. * Ordinance amending certain subsections of the Miami.
City Employet:s' Retirement Svstem (Ordinance No. MO,
December 6, 1939, as Amended) And the Miami ('itv
General Employees' Retirement Plan (Itrdtnanct±
May 2, 1956, as amended) as appearing in codification
form as a part of Chapter 2 of the Coda of the City t,l tii.rut
Florida, 1957. as amended, more particularly rep''aling
subsection (10) of Section 2-91, and substitutin;, therr.tor
a new subsection (10) of Section 2-91 and repealing
subsection (9) of Section 2-109, and substituting there-
for a new subsection (9) of Section 2-109, terminating
the provi:,ion allowing for return of contributions to
members who have received an accidental disability
retirement and providing for return of contributions to
members except in the case of death or retirement, with
exceptions; repealing all ordi.n,.,nces, ('ode sections or
parts thereof in conflict, insofar as they are in con-
flict; containing_a severahtlity provision;
Was introduced by Commissioner Reboso and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr:;. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferro
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mr. Plummer: Item "C"
Mr. silver: Mr, Plummet and ms'itltn't:, tit tho commission, Itiat lt't Into st.itt` one
thing. We have received d t t tmI the law film tit Ahr.tilrrl:: .,,,tl Ahralum; a lt't t rt
•
dated January 17, It►7't which tclatc to technical items to be clarified.
Rather than go through r,ach particular t,nt' t would say there are only about
7 or R in here that really aro doing .it, that. they wi11 be presented to you in
final form at. the :second reading with these particular technical changes in
them.
Mr. Plummer: As long as they are 5o noted as deviating from the original, fine.
Mr. Silver: These aro lust technical things clarifying.
Mr. Pltunmer: As long as it is delineated as being different from this which is
originally presented.
JAN 231975
THEREUPON MR. SILVER READ THE ORDINANCE TN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "B"DELETING THE EMERGENCY PROVISIONS.
Mr. silver: What Ordinance "C" provides for is procedures to be followed
when application for accidental disability or retirement are received by the
board. The ordinance also provides a definition of what total and permanent
disability is for the further performance of duties. In addition the board
is given the right to receive any and all information which it deems necessary
in order to arrive in a decision. In other words they can receive anything
that it feels is necessary in deciding whether or not to grant an accidental
disability or retirement. A significant change from the current practice is
reflected in the provision tha: requires the retirement board must concur
with the physician who was employed by the board when granting a retirement.
This is something that does not exist today. In other words today the medical
report is the final say as to whether or not a retirement is to be granted.
Now the board must concur with the medical physician.
Mr. Plummer: Ok, Mr. L,anken, do you have anything on "C"?
Mr. Lanken: No, sir, no comment.
Mr. Plummer: Mr. Kruse, do you have any comment on "C"? Mr. Andrews, do you
have anything to say on "C"? Does the Commission have any questions? Father
Gibson.
Rev. Gibson: What happened to that matter I referred to that you were supposed
to bring us back a report on? Do you know what I'm talking about? Mr. Grimm,
a man who works in your department, you know I... We're getting all the pensioners
names cleaned up, I hope we're not going to clean that man out now. Do you
know who I'm talking about, Mr. Andrews?
Mr. Andrews: I'm trying to recall. I only vaguely remember it now and I apolo-
gize, I don't remember the details but I do remember you bringing it up.
Rev. Gibson: Right! I hope before the final action... J.L. said reiterate it
or either the Manager did, what rules they're going to operate under. I don't:
want us to pass a rule that legates that man's right_...
Mr. Plummer: No, that's why I was very definitely setting a cut off date.
Rev. Gibson: Right. You've got a man in your Department who has been trying
to do some negotiating and you know he's got an awful lot of run around now.
Mr. Grimm: Father, I want to remind you that as the Director I have absolutely
nothing to do with an injury.
Rev. Gibson: I know sir.
Mr. Grimm: But let me see if I can understand what you said last time. What
you said last time is that you wanted to make sure that the pension ordinances
had a retroactive clause in it so that anyone who had previously been excluded
because he didn't exercise his options that that would be opened up to him now.
Rev. Gibson: Right. That has been my concern.
Mr. Grimm: A11 right, now that is a legal question for the City Attorney to
answer.
Rev. Gibson: Ok, let me say this: I'm not blaming you, sir but I'm saying
that I'm concerned about every man that works for this City being protected.
That is the way we do in the church and I don't ask anymore for Theodore than
I would for my secretary. Understand? And Mr. Andrews, if there is reasons
why that man can't I hope that before we finish this package, cleaning it up
you're going to explain to us why.
Mr. Plummer: Father, this is only a first- reading and there is ample time
to clean up any situations
Rev. Gibson: Yes, but I hope he's going to rloan it up long before then.
Mr. Plummer: You make sure and remind us that be does 0 before the second
reading, Let' s proceed on item "C".
JAN 231975
AN ORDINANCE ENTITLED-
* Ordinonee amending certain sube;ec ions 0: tiles Mi.'^'i
City Employees' Retirement Sy.s.t:em (t►rdinonc►, .'.' 9
December 6, 1')3'), as n ended) : on oppearing in cutli i i
cation form os a part of Chapter 2 of the Code of t1u
City of Miami, Florida, 1957, as amended, more nattice-
1 nrly amending Section 91 of said Chapter ? by repe;tliro
snl sections 6(a) and (b) of Enid -rct ien ql , :vb :mended
and substituting therefor new subsections s 6(1), (b)
and (c) of Section 91 of said Chapter ? providing For
accidental or service -incurred di':obility retirement
allowance; providing for the procedure to be followed
by the Retirement Board o f the Miami City E►np l ores'
Retirement System when considering an application for
nccidental et- service -incurred disability retirement;
providing fot the definition of total and permanent
disability; providing further for the Retirement Board
to receive all available information when considering
an application for accidentalor service -incurred
disability retirement; repealing all ordin;nces, code
sections, or parts thereof to conflict, insofar as
they are in conflict; containing a severability provision;
Was introduced by Commissioner Reboso and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
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.
THEREUPON Mil. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA ITEM
23 "D" DELETING THE EMERGENCY PROVISIONS.
Mr. Silver: what "r" does is provide, suppose if any member who dies after
receiving accidental disability retirement shall receive a monthly benefit of
40% of the member's monthly retirement allowance during the lifetime of the
spouse.
Mrs. Gordon: They don't get anything now, right?
Mr. Silver: Right.
Mrs. Gordon: Well, this is something and very important.
Mr. Plummer: All right, even as, if she remarries she still gets it. Is that
correct? That is the clarification I want. Who can answer that?
Mrs. Gordon: May I give an opinion, not an answer to your question. My opinion
is it shouldn't make ,any difference.
Mr. Plummer: Well, it does for example with Social Security. A woman draws
pension from a husband as an unremarried widow. I'm just asking the question.
It is a clarification here,. Father, this is the part of the pension that ad-
dresses itself to the widow receiving 40t of the man's pension and I only ask
the question is this as lone] as she is an unremarried widow or for her entire
lifetime,
Mr. Jaremco: My mane is Jaremco, I'm of the board. My understanding of this
is the spouse at the time of retirement, and it makes no reference as to whether
she remarries or not. Now in the accidental death benefit it does make mention
of that. If she remarries then that ,accidental death benefit pension is dis-
continued. But this spouse under option 6 that we're referring to has no pro-
vision if she remarries..
Rev. Gibson: Let me ask this. You Paean to tell me you an accidental
death, A man has a normal death and you still want me to pay that money?
Is that what you're telling me?
Mr. Plummer: I don't understand that, I'm sorry.
Rev. Gibson: Ck, let me put it another wa}. If a man is married to a woman
and he should die you're saying that 40% of that pension is to follow het until
she dies or until she remarries. That is just that simple.
Mr. Jaremko: There are two, there are several provisions and these are separate
ones. Accidental death if a man dies and accidental line of duty is one thing
and what this crdinance addresses itself to is if he is going off on a disability
and dies at the present time there is no provision for the widow.
Rev. Gibson: Ok. Suppose we make the provision and the widow remarries.
Mr. Plummer: Which way, Father? Accidental or normal?
Rev. Gibson: Either.
Mr. Plurnxner: Well, as I understand it; that's what I was asking for clarifi-
cation.
Mr. Andrews: May I assist the Commission with this, this ordinance addresses
only one aspect of this total matter. So let me go back to the part that this
does not change. In our basic ordinance now if an employee in good health re-
tires in good health and receives a normal service retirement from the City cf
Miami and receives an emolument the ordinances now provide that he has an opt-
ion at the time he takes his pension with the City which would provide that his
surviving spouse would receive 40% of his emolument for the rest of her life
under any condition, for the rest of her life. The people who were released
from the City service through disability did not have that option. In other
words an employee who was injured in the line of duty and received a disability
retirement, he could not exercise that option because it was not available to
him. He could not do that which was available to tl-e person who would retire
on normal pension benefits because he gas injured in line of duty and released
from the City on a 2/3 pension benefit. This ordinance would adjust that and
permit him also to exercise the same option as if he had retired normally and
had not received a disability pension.
Mr. Plummer: In other words this is an option he may elect to take.
Mr. Andrews: Yes, just like the... Am I correct in that now? Correct me if
I'm wrong.
INAUDIBLE
Mr. Jeremko: Sir, it is my understanding under the ordinary pension he has
this option.
Mr. Andrews: He wouldn't have this option under this. This would become auto-
matic because the man is already receiving pension. He is receiving a 2/3 disa-
bility pension. So he doesn't exercise an option at the time he leaves the City
he has to accept a 2/3 disability pension.
Mr. Plummer: What I'm asking, the simple question that I'm asking is the pension
being received by a widow, does it terminate when she is no longer a widow?
Mr. Andrews: No, it does not.
Mr. Plummer: Now if he retires normally it does?
Mr. Andrews: No, it does not.
Rev. Gibson: You know man, this is something. I'm in a pension system. Ok?
You know what happens if I should die? And I think we have one of the best in
the country, ask anybody in the pension business. The Episcopal Church has one
of the best if not the best pension systems in the world. Ok. And the same
people who mint this money are the founders of that. system. No way in the world
you could get a man to be married and when he dies that that benefit is in per-
petuity. No, man, the pension fund will go broke at that rate. And when you
remarry you start your new life. That's what that is.
Mr. Plummer: Let me ask this, Ron, what is the present system under normal
retirement?
JAN 231975
Mr. Andrews: You have an option which you can exercise under normal service
retirement and under that option which has existed for about 3 years now, it
I remember correctly maybe 4 years, in which you can provide that your spouse
will. receive 40% of your emolument, the amount of money you receive under pen-
sion, she will continue to receive that for the rest of her life regardless of
her status.
Mr. Plummer: But do you take less money when you choose this option?
Mr. Andrews: Yes. If you don't choose this option and you choose some of
the other options you can receive a greater emolument on the primary person
receiving the pension.
Mr Plummer: Now is that the same provision that is being written in here?
Mr. Andrews: No, you don't have that option in here. When the person Who
was retired under a disability pension under the ordinances as they exist
now and he dies, and that death might be premature because of the kind of
injury he received in the City, his spouse got nothing, his beneficiaries
received no other support. That terminated the City's responsibility to
that family. Under this arrangement this gives that retiree the same auto-
matic benefit as that person who has the option to select that benefit or
something greater than that.
Mr. Plummer: I see a discreptancy there. It seems like to me, now I'm just
trying to get this in my mind; it seems like to me with this the way it is
written gives a greater overall financial picture to a retired disability
than it does to a person who retires on a normalbenefit.
Mr. Andrews: No, it is just the opposite, just the reverse. The person who
retires under a normal benefit doesn't have to exercise this particular, he's
got 6 options. This is one of six. He receives an option that would give him
more money in his emolument that would not provide for his spouse. I'f he chooses
not to accept the greater amount, I think it is 5% more the greater amount, and
takes the lesser amount by exercising this option he then under our present ordin-
ance not covered in what we're acting on here would then provide for his spouse
to receive 40% of his emolument.
Mr. Plummer: Mr. Kruse, from a financial standpoint, sir, would you add some
light to this area?
Mr. Andrews: Can I interrupt just one minute? I don't want the Commission,
and I think the employees are sitting there and I've argued pretty well in
their behalf, that I agree with this because we've had some serious conversat-
ions about the fact that a spouse only when she is
Mr. Plummer: Well that's the reason I asked in the beginning.
Mr. Andrews: a widow But the Commission should understand that
we went through a very complicated give and take stress situation in arriving
at the bargaining table as to what would be presented to the City Commission.
The out growth of all of that was this compromise position in which this emolu-
ment would be presented to the Commission this way.
Rev. Gibson: All right, if you expect us to go along with this we ought to
raise some questions too. ...when you answer you tell the City, you speak to
the issue I raised because I'm in a pension fund where man, those guys are
brains. You know those guys put that thing together and I just want to raise
a question as a clergyman - when is a spouse not a spouse?
Mr. Plummer: That is the clarification that I originally asked for.
Rev. Gibson: Right, we've got to face some reality around here and we can't
afford to... You know.
Mr. Plummer: Mr. Ling?
Mr, Ling: Well this particular question comes up everytime when you have a
benefit of this form as to whether or not it should continue after the remarr-
iage of the spouse and I would say that it is answered both ways probably about
half and half. The cost affect one way or the other is not great. It is a
negligible cost although obviously when you continue the benefit on to the
spouse after she remarries this is going to cost some more than if you don't
do that.
(3'
JAN 2 31975
Mr. Plummer: But you say it is negligent.
Mr. Ling: Right. We don't, actually, we value all of this type of benefit
as though the benefit will continue on to the spouse for het remaining lifetime.
We don't even assume
Mr. Plummer: Fine, so for clarification which r started twenty minutes ago to
get your definition of a spouse is she is a spouse until she dies whether she
remarries or not.
Mr. Ling: Well, that is the' way it is under this ordinance. That is the way
it exists for present service retirees. .
Mr. Plummer: I'm merely trying to get a one time clarification. So as I under=
stand the intent of this ordinance is that a spouse, surviving spouse will be a
surviving spouse until she dies or he dies, it could be the other way, and it
will be payable for their lifetime and in your estimation the cost factor is
negligent.
Mr. Ling: Right.
Mr. Plummer: Ok. That's what I tried to get
Rev. Gibson: Mr. Vice Mayor, I want to raise another one. Mr. Kruse as an
insurance man
Mr. Plummer: NO, sir, he is an actuary.
Rev. Gibson: I mean an actuary, Mr. Lloyd, tell me this when is a spouse not
a spouse?
Mr. Plummer: Father, I
Rev. Gibson: No, no, I want the legal question answered. I'm entitled to that,
you're asking me to vote and I'm not going to vote unless... Look, I may go
along with it but I at least want to know that and put it into the record.
Mr. Silver: Father Gibson, if I may respond directly to your question, I've
researched the point. There is a complete ALR article that we have on this
that we have in .our legal documents.
Mr. Lloyd: That is an American Law Review Article.
Mr. Silver: And you know it sounds a little ridiculous but the courts have
gone both ways in interpreting what this means. All right? When you just
say spouse it can mean for the duration of her lifetime perse or it can mean
until she remarries. What you need to do and I agree we've got to specifically
define what we mean in this document; do we mean for entire lifetime or not.
And that's, we must specifically do that and I agree with you. We'll do it
whatever way that you desire.
Mr. Plummer: Well listen, you know the man has stand there and told us that
the cost factor is negligent. It makes no difference to me which way you go.
If the employees want it that it is for his or her lifetime I'll go along with
it but I think that somewhere along the line we've got to come down with the
definitive answers and that's what we're trying to do here.
Mr. Lloyd: Right, and we can put a definition....
Rev. Gibson: I'm going to say this and stop. It may be negligible but you
know I can't buy negligible when you're paying out money. Ok, I'm stopped on
that.
JAN 231975
AN ORDINANCE ENTITLED -
de * Ordinance amending certain subsections of the Miami
City Employees' Retirettitent System (Ordinance NO. 2210.
peCember 6, 1919, as dtended) and the Mi;itni City General
Employees' Retirement Platt (Ordinance No. 562+, Mar' 2,
1956, as amended), as appearing in rodificatici forti
v part of Chapter 2 of the Code of the City of Vi.uri.
Florida, 1957, as amended, more particularly am_ ding
subsection 7 of Section 2-91 by ,adding rut ;tdditi000l
section (c) thereto and amending subsection 6 of
Section 2-109 by adding an additional section (c)
thereto. provisiog for a benefit equal to forty (40)
percent of n member's monthly retirement allowance to
the spouse of a member who has died after receiving an
acctdentil disability retirement; repealin, all ordi-
nances, code sections or parts thereof in conflict;
containing n severability provision;
'as i_ntr: aced by CoMmi nsioner Gordon and _,econded by Commissioner Reboso
and passed on its first reading by title by the following vote:
AYES: Rev. Gibson, Mr. Reboso, and Mr. Plummer
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gorodon.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mr. Plummer: Item "E", now you want, wait a minute, that is what Mrs. Gordon
wanted to know. A11 right, let's skip over "E", we'll come back to it.
All right, "F" as in female.
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "F" DELETING THE EMERGENCY PROVISION.
Mr. Plummer: Ok, what does "F" do?
Mr. Silver: What this does is change the composition of the board of the
trustees of the Retirement System making all members of the trustees the
same members that sit on the Retirement Board just wearing different hats,
if you will.
Rev. Gibson: Explain that again.
Mr. Silver: What this provides for is that all members on the Retirement
Board automatically become members of the trustees. They're limited to those
members, there are no more members that can be appointed. In fact they're
both the same boards only wearing different hats. In one instance they'll
be ruling on disability or retirment, service retirements in another instance
in their capacities as trustees.
Mrs. Gordon: We've a new board to be created.
Mr. Silver: Right, a new board to be created.
Mrs. Gordon: Ok, question, I was out of the room. What happened to "E"?
Mr. Plummer: We'll get back to that Rose, we deferred it because you were
out of the room.
Mrs. Gordon: Oh come on J.L.,
Mr, Plummer: A11 right, we'll get back to it, Let's get finished with "F".
Mr, Lanken, do you have any input on "F"?
Mr, Lanken: No comments, sir.
Mr, Plummer: Mr. Kruse, do you have any input on "F"7 Mr. Andrews, do you
have any input?
Mr, Andrews: No, I do not,
64
JAN23197
Mr. Olummer: Any discussion among the Commission on "F"? Hearing none, do
I hear a motion? By Commissioner Rcboso. Seconded? Due to the lack of inter-
est.. Is there a second on section "i'".
Mrs. Gordon: I'll second it but I want to know that incorporated into it is
the provision as to when it is going to take place and so there will be no
in between time without any, let's say trustees.
Mr. Silver: You sec_, the composition of the retirement board is provided in
ordinance "H" which we'll be taking up subsequently and therefore the trustees,
this provision will not come into affect until the new board is formed and once
that new board is formed those members automatically become the trustees.
Mrs. Gordon: Yes, but how are we going to handle the current trusteeship to
stay in business, so to speak until April? At this time or when?
Mr. Silver: They will still be in affect until these ordinances take affect.
All right?
Mrs. Gordon: Ok, but previous we heard different and we said when we go: to
this ordinance and the next one that is going to follow a little later wee
were going to handle it differently. They were to be emergency ordinances...
Mr. Plummer: Ron, you're not aware, let me try to clarify for her. We have
a motion and a second. Her concern is this: (1) There is going to be a split
of the two boards. (2) There is going to be a split of the portfolio. And
what she is concerned about; this election has to take place for the new boards
and it shall be within 45 days after the enactment of these ordinances. Now what
Rose is asking is this - the present Board of Trustees that is constituted sitting
yesterday, where does the transition take place between the 45 day seating of
the new board and the bowing out of the old boards? I think her concern if I
can express it is that there is no time of a gap where there is no controlling
board.
Mrs. Gordon: Right, exactly.
Mr. Silver: Well the time the old board would go out would be when the new
board would have, the new board of trustees would have their first meeting.
In other words the old board would continue in existence until the first meet-
ing of the new board and there would be no gap.
Mrs. Gordon: How are you providing for that?
Mr. Silver: That would be automatically provided for because the old board
would be a defacto board.All right? With no gaps
Mrs. Gordon: Do we need any special kinds of resolutions or anything?
Mr. Silver: No, they would still be a defacto board.
Mrs. Gordon: All right. Well ok, second reading is on the 12th and 45 days
thereafter, in other words.
Mr. Silver: What we've provided for is 45 days thereafter they must have the
election within that period of time and then the certain period of time after
that the board will take affect whether it will be 15 days or whatever.
Mr. Plummer: Which really Rose would take you to the first day of April anyhow.
Mrs. Gordon: When are you going to set that meeting., the end of April?
Mr. Plummer: The third Wednesday in April Ok, does anybody else have
anything else on "F" as in female?
JAN23197
AN ORDINANCE ENTITLED-
f. * Ordinance eMending certain subsections of the lo, mi
City Employees' Retirement System (Ordinance t.o. 1130.
December 6, 1919, ns amended) ; as appearing in codifica-
tion forth as n part of Chnpter 2 of the Code of the Cit
of ttidMi, Florida, 1957, as amended, more particularly
amending Section 96 of said Chapter 2 by repenting
subsections 3(a), (b) and (c) of said Section 96 os
amended, and substituting therefor new subsections
3(a), (b) and (c) of Section 96 of said Chapter 2.
providing for the appointment of a SuccessoryTrustee
to administer tie Muni City Employees' Retirement
System Trust; providing further for the composition of
the Successor -Trustee; providing further the qualifica-
tions for the Trustees; providing further the tenure of
the City Commissioner serving on the Board of Trustees;
providing further the tenure of the remaining members
of the Board of Trustees other than the City Commissioner;
provide g further the method of appointment of Successor-
Trustees; repealing all ordinances, Code sections or
parts thereof in conflict, insofar as they are in con-
flict; containing a severability provision;
was introduced by Commissioner Reboso and seconded by Commissioner Gordon and
passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferro.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Com-mission and to the
public.
Mr. Plummer: Now would you get back to "E". Get back to why "E" was deleted.
Mr. Silver: "E" was deleted from the particular package due to this was not
a part of the labor agreements themselves. This was an ordinance which was
suggested by the Retirement Board and therefore we wanted to keep it as one
full package.
Mrs. Gordon: I'm wanting to know what it was.
Mr. Silver: "E" was the provision which provides for 40% benefit to a spouse
of a member who died after reaching a retirement age but had not made an elect-
ion.
Mr. Anerews: He was still in the City employee at the time.
Mr. Silver: He was still a City employee at the time he died but he had not
yet retired.
Mr. Lloyd: You see, if he hadn't had that
Mr. Plummer: Wait a minute. Let her get her questions because it is not on
the agenda and let's move on. You know there is no discussion, it has been
deleted.
Mrs. Gordon: Ok, it was deleted by consent of all parties?
Mr. Plummer: No, it was not part of negotiations and these that we're dealing
with today aro only those that were in negotiations. At a later date this Com-
mission can handle any now items that it wants. You know Rose, I don't remind
you but you want to be out by Ok, you were the one that has to be out by
6;00 and we have all the way to "N" as in nothing.
Mrs. Gordon: Ok, as long as we have an assurance that....,
Mr. Silver: We just need some clarification and they have agreed to it also,
Mr, Plummer; Ok, let's go to "G" as in girl.
JAN 2'31975
`IHERI .ON MR. SILVER READ. THE ORDINANCE IN ITS ENTIRETY SY TITLE AS AGENDA
ITEM 6.i "G" LDELETING THE EMERGENCY PROVISIONS.
Mr. Silver: What this ordininde does as submitted, it gives the Boatd of
Trustees of the retirement system the right to require a fidelity bond if
it believes the trust is subject to financial loss due to the services be-
ing performed by any persons or firm. Now this is going to be again on the
second reading between now and the second reading we're going to modify this
to limit it to the fact that if there is any possibility of criminal or fraud-
ulcnt acts or that are involved. Right now Lt just provides that in every
case that there is a possivility of financial loss that a bond will be re-
quired but we will be changing that.
Mrs. Gordon: I rlon't know. That's the one, you see 1 read all your things
ant 1 didn't have any objections. When I got to that one I put a circle, 1.
wait to talk about that one. I don't see how you can expect any money manager
to accept your fund and make them put up a fidelity pond. I don't think you're
aver going to find anything like that.
Mr. Plummer: Well, it is called Chattahoochee Investment Firm.
Mrs. -Gordon: Yes, and that's the kind of management you're going to get.
Mr. Silver: What we were doing was implementing the language of the contract.
Mx:;. Gordon: I am not in favor of "G".
Mr. Plummer: Mr. Lankeu, do ycu have any comments, sir on "G"?
Mr. Lanken : No, sir.
Mr. Plummer: Mr:. Kr+ise, on "G"? Would you step up to the microphone please.
Mr. Kruse: Sir, the principal of bonding has not been adopted as part of the
n,'w pension law which is federal law in the United States now as of September
Ie)74, applies to all private retirement systems in the United States. It
requires as a matter of fact, of all persons designated as fiduciaries which
include, trustees.
Mrs. Gordon: I can understand that, I'm not arguing that point one bit but I
.un the other part. You're asking that the money managers set up bonds?
Mr. Kruse: Yes.
Mr. Plummer: By the federal government.
Mrs. Gordon: Yes, but they're not applying that to public bodies.
Mr. Kruse: No, ma'am, I'm just trying to explain what is going on.
Mrs. Gordon: There's a big difference between public bodies and private pens-
ion funds where there has been some discussion about who does what to whom and
why public bodies, you know....
Mr. Plummer: Mr. Kruse, this is a good idea?
Mr. Kruse: Yes, sir, I do.
Mr. Andrews: One question of Mr. Kruse. In your opinion, the ordinance we're
about to adopt falls far short of what the federal regulations will require..
Mrs. Gordon: For whom?
Mr. Andrews: For all of us.
Mrs. Gordon: No.
Mr. Anerews: Yes.
Mr. Plummer: Yes, but Rose, remember yesterday; municipalities are exempt from
this ruling so we are not complying totally with the federal. We're going a
step in that direction.
Mr. Andrews: 13ut the legislation is there and is about to be introduced and im-
plemented where municipalities will be included in that legislation and then what
JAN 231975
you're adopting here will be a standard far less than that required through
the federal legislation.
Rev. Gibson:
One of the rr t.
What I'm drivi
brother, when
know, I would
you've done a
you're going t
you. Do you u
Once of the best ways to keep cood workers is to pay them well.
ributions in working is if you don't do a good job I'll fire you.
ng at is I hope this does not mean we get locked in so that my
we don't like your performance we will not hesitate. And you
think that we would be employing men in your capacity because
job well done. Do you know what I mean? And by the same thing
o curse me because when you don't do a job well I want to fire
nderstand?
Mr. Kruse: Yes, sir.
Mr. Plummer:
No, you've been
locked out of that, Father.
Rev. Gibson: Let me say this, J.L., what I'm implying is I hope the ordinance
doesn't lock him in so we can't put him out.
Mr. Plummer: You've already done it, you've locked the door. In the future
when these ordinances are passed this Commission will not have the control
over the actuary. Correct me if I'm wrong.
Mr. Andrews: The answer is as I stated at the Board of Trustees this Commis-
sion, that's the reason you're adoptino these ordinances - these are your ordin-
ances. These are no one else's ordinances. The City Commission is not removed
from areas of responsibility through this whole pension system including the
expenditure of public funds.
Mrs. Gordon: That's not what Mr. Plummer said though.
Mr. Plummer: Well that's exactly I tk•i.nk going to be the next serious bone
of contention.
Mr. Andrews:
here you are
that through
getting into
the ,adoption
That's the area that he':; getting into that the City Commission,
levying tax dollars to c'rry out a pension system, his concern is
the construction of theF.e ordinances and the way we're going about
agreements and then following through with ordinances that through
of these ordinances you are setting aside certain responsibilities
that you are charged with under the Charter. If the City Attorney tells me I'm
wrong he should speak up now. My opieion is that there is no way for you to do
that
- you cannot do that by ordinance.
Mr. Plummer: Now what you're saying is that after all these ordinances are
passed and new boards formed that the City Commission will still have the
authority over the actuary. You all had better get straight now. In other
words this Commission will pick the actuary? Wait a minute, I'm saying this
point of argument that Father is saying that he wants to reserve the right,
this Commission will have the right to pick the actuary and dictate the act-
uary. From what I understand under these new revisions that the Board
Well Paul, damn it, you'd better get this thing clarified now. Let's don't
go any further because from what I understand the board shall have the right
to pick the actuary.
Mr. Andrews: With the approval of the City Commission. Now if you don't
approve they've got to go back and make another selection.
Mr. Silver: Again this is one of those technical provisions that are going
to be worked out between the first and second one that say Proposal that
was stated that the Board shall designate and select the actuary subject to
the approval. of the Commission.
Mr. Plummer: That's not in there.
Mr. Silver: They put it in. Ok?
tJNINTELLIGAILE
Mr. Plummer; Hey Ron, with the agreement of everybody here so that we can just
maybe forestall a problem in the future, let's get to a gut issue. Who has the
right to pick the money manager? Let's use that one for the real gut issue. Is
the Board going to pick the money manager subject to the approval of this Commis-
sion or not?
7 s3
JAN 2a 1975
Mr. Andrews: In my judgement on this is that as we did with the current
one the trustees can go through the process of making the selection, pick
the money managers, the Commission has the final approval. If you disapprove
they've got to go back again. And you went through the trouble of interview-
ing the money managers yourself in those final stages.
Rev. Gi.hson: All right, let me make sure that when I cast my vote I know what
I'm voting on. I am not going to ever, I'm like Ferro now, relegate the respon-
sibility the people gave me to no board who won't have to stand for election.
I want to make sure everybody understands that.
Mr. Plummer: I want it clarified now, no problems later...
Mr. Kruse_: The money managers as is provided right now. in the ordinance, the
money managers will select or rather the trustees will select the money managers
subject to the approval of the Commission. That is in there right now and that
continues it.
Rev. Gibson: I don't want the understanding, I want the word.
Mr. Silver: I've got it right here. This is the way it will read now:
The Board shall designit-e and select an actuary who shall be the technical
advi_aot to the Board in maters regarding the operation of the funds created by
the provisions of this ordinance and shall perform such other duties as are re-
quired in connection therewith. The actuary shall be directly responsible to
thu' Board. The contract pravi.ding far employment of the actuary shall be con-
ditioned upon approval of the City Commission and shall provide that the actuary
may be removed by majority vote of the Retirement Board.
Mr. Plummer: In other wnr,l••; they have the right to remove the actuary without
Commission approval.
Mr.. Silver: That's the way I interpret it.
Mr. P1aurunt•r: Wiy11, now, have the clarification. So Father, do you
un+iers'-and what that. said:
Rev, Gibson: I'll tell you this. ] would feel more comfortable if they had
to ree mtm+nd to us. Man, I ain't about to delegate that which this community
Night ..vtntually come to grips with. Now that I can't see I'll deal with.
Fir. t'.r.r::.a: May I comment? First, Reverend Gibson, initially I was answering
your rl•.►ostio►r only as regarding the bonding. Actually I am just now for the
first. 'inie irarnine about the language and designation of an actuary and I will
say flatly we don't wish to be locked in. WE do not require a contract from
any client. I'm expressing .,ur personal feelings. I do want to respond.
iicrinitely. I agree with your thinking about so far as just speaking for us,
as far as we are concerned we do not wish to be locked in. If we do not render
soi:i.' s satisfactory to the City for or in behalf of the City you should have
the right to terminate us right now. I will say that flatly. And my response
to you before had to do only with the question that you had raised, Mrs. Gordon.
And I understood you, Father Gibson about bonding. I wasn't addressing myself
to the employment of an actuary. In fact, I just now for the first time learned
of this language on the actuary. It is not in the copy that I have.
Rev. Gibson: Mr. Vice -Mayor, out of fairness and the gravity of this issue and
situation.. Out of fairness to the company involved and the gravity of this
situation, meaning this is life and death for the employees and we are responsible
for their future, I question seriously if we ought to adopt this particular pro-
vision at this time.
Mr. Plummer: Excuse me, that is not "UF" that we're referring to. The provision
of the actuary is a different ordinance.
Mr. Silver: No. That's in "H", We're on "G" right now.
Mrs. Gordon: We're on "G" and I've a question on "G", Does the bonding also
pertain to the actuaries since the actuaries are in the position of making cer-
tain recommendations and giving certain advice which could, if it wasn't of the
best caliber but.which we fortunately do have, but if it wasn't would they have
to be bonded as well?
Mr. Silver: The actuary? No, under the proposed change they would not have to
JAN 2 3197
he bonded. As far as their investment advice would be concerned. If they
did some fraudulent activity or something then certainly...
Mrs. Gordon: Yeah, but you say the trustees will have to be bonded; the
money managers will have to be bonded and the actuaries will "not?
`tr. Silver: No.
Mr Plwrnhit: Against criminal activity or fraud.
Mt.. :silver: You see, we're talking about two different things - fidelity hood
and performance bond. See, there are two different kinds of bonds that wc''te
talking about and you've clot to separate theirs in your mind. Ok? Fidelity band
deals with the trust that is imposed in someone to carry out duties and that's
what we're trying to protect against. That is what we're trying to protect
against, criminal activities or someth: nq like that or fraudulent activities.
The other type of bond is a performance bond and wha.: you said is true, an
investment advisory cannot be held accountable for his investment decisions
he's basing on reasonable judgement and therefore he can't have a performance
bond for that type of an individual.
Mrs. Gordon: ....but by the same token a fidelity portion should also apply
to actuaries because it is logical that it could.... not always be so lucky as
we are now, and you know su 'fer damage because of having someone, you know, or
some firm that was causing us such damage and they would require the fidelity
bonding as well.
Mr. Silver: Right, the board has the power to require a fidelity bond of any-
one that it chooses that may subject as the result of criminal activities or
fraudulent activities. The Board has that right, anyone.
Mr. Plummet: You will include that in the ordinance before the second reading?
Mu. Silvt:r: That's right.
Mr. Plummer: 1s there any t urther discussion on "G"?
.;onion: Ok, with tii ' nde t standi nq that it is not on performances it's
on fidelity only, move.
AN Ot,11)1Ne NCl: ENTI:TLED-
g•
* Ordinance amending certain subsections of the Miami
City Employees' Retirement_ System (Ordinance ':o. 221'9,
December 6, 1919, as ;mended); as appearing iv codi t i r t-
t ion form as a part of Chapter ? of the Cod' of the t ut•
of Miami, Florida, 1951, as amended, more p.trt icularlv
amending Section 6 of :suction 06 or said l:tt.tpter ? by
adding an additional Section (lil thereto, providing fc,t
the posting of ;i fidelity bond by any p e rqt•n or f i rot
providing services for the Miami City I'ntplvve'e:;' tcc t i re
ment System Trust when the s:ervive•s Reins; performed
would subject said Trust to financial 1o:::;; repeal its,;
all ordinances, Code sections or parts thereof in
conflict insofar as they are in conflict; c•ont.tiniae
a se'vtr.,bility iarovision;
Was introduced by Commissioner gordon and seconded by Commissioner reboso
aisi passed on its first reading by title by the following vote;
AYES; Mrs. .;ordon, Rev. Gibson, Mr. Reboso and Mr. Plummer.
ROES: None.
ABSENT: Mayor 1'er.re.
`1'ht: City Attorney read the ordinance .into the public record and
announced that copies were available to the members of the City Com-
mi s ,ian and to the public.
JAN231975
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY !3Y TITLE AS AGENDA
ITEM 23 "H" DELETING THE EMEF:GENCY PROVISIONS.
Mr. Andrews: Vice -Mayor Plummer and members of the Commission, there is one
area of this ordinance that we were able to agree upon that needs to be ad-
justed and that is item #16. I would like to read it and then read the adjust-
ment. Item 16 in ordinance H on page 4. "At least once in each five year per-
iod the Board shall cause an actuarial investigation be made into the mortality
service and compensation experience of members and beneficiaries of the Retire-
ment System and take into account the results of such investigation the Board
shall adopt for the Retirement System such mortality service and other tables
as shall be deemed necessary and shall recommend for adoption the necessary
rates of contribution." We want to change that to two years instead of 5 years.
Mr. Plummer: Good.
Mr. Silver: Let me further and briefly describe what this ordinance core.. 'This
establishes the new composition of the Retirement Board and the Retirement
System and provides for the election of the members. The new board that will
be elected will be comprised as follows: Two fire fighters, two police officer-;,
4 members selected by the City Manager to represent the City Administration and
one City Commissioner appointed by the Commission by a minimum of 4/5 vote.
Again this member of the Commission will only vote in the event of a tie and
that's why there will be no selection of a chairman ind the commissioner will
be the chairman of this particular board. Further provisions require the board
to keep its matters open for public inspection and also requires the board to
submit annual reports to the City Commission before July 1 of each year so that
the Commission will have this in time when considering its budget. In addition,
the ordinance provides for the designation of an actuary and physician by the
Board and the ordinance further establishes a new physical examination procedure
whereby the physician which is employed by the Board will be the only doctor
who will have direct communication with the hoard. Under present practices
there are now three doctors that comprise the medical board and they submit a
report. Now, only one doctor will submit a report and he has the right to go
t. whatever specialist provided the board, he's on the board list, inordcr to
seek assistance. An actuarial evaluation is periodically provided for in addit-
ion in this particular ordinance.
Mr. Andrews: And also the physician reporting to the toard is designated by
the board :is recommending.
Mr. Silver: He must have the concurrence of the Board as provided.
Mr. Andrews: ....they don't follow his recommendations they're not concurring...
Mr. Plummer: Mr. Lanken, do you wish to comment on "H"?
Mr. Lanken: No, sir, no comments.
Mr. Plummer: Mr. Kruse? Mr. Ling?
Mr. Ling: Yes, we'd like to cmment or ask a question just on expression of
the actuarial investigation every 5 years being changed to every 2 years.
Nobody asked us about this and I would like to just make a comment. It is
alright if you want to do that but at least it would be better probably if
you wanted to do some kind of a modified investigation or if you wish to
allow the Board to change the assumptions every two years instead of 5. I
can't think of a major employer or municipality in the entire country that
has it done every two years. It is generally considered by the actuarial
profession to be not only unnecessary but invalid. You need more than two
years worth of experience to really develop anything in the way of mortality
or disability or termination or salary scale experience. So these things
are done, I would say most frequently every three years but every 5 years
is more usual. It doesn't really matter to us except it is going to create
an awful lot of work for somebody to do a full experience study and I think
it would probably be unnecessary and an unnecessary expense.
Mr. Andrews: May I ask a question then, Mr. Vice Mayor? How would you reco-
mmend that, and once every 20 years maybe, is enough for this kind of experience,
how would you recommend then that we overcome the kind of problem that we
faced when we received our actuarial findings with all of the problems that
were generated it seemed like for 15 years all cropped up at one time in one
year as the result of one actuarial report? They were almost unsurmountable.
The City was put into an area of tremendous stress. We're still not out of it
It)
JAN 231975
and I have yet to really understand how we got ourselves into that....
Mr. Ling: Well, you're taking several of the necessary steps already in pass-
ing these ordinances. The biggest problem as ae have discussed before Was the
disability. The other so-called problem area was the reduction in the retire-
ment age under the System. Now we are monitoring that retirement age very closely
on a year -in year -out basis and we're keeping very detailed records so we know
exactly what the average retirement age of all the people involved is. And
there are certain other things that we can keep close track of and the assuMpt-
ions used can be modified from time to time. But it is not really necessary to
go through a complete experience study like that every two years.
Mr. Plummer: You say 3?
Mr. Ling: Three at the most, 5 is probably enough because....
Mr. Plummer: I'll go with the 3...
Rev. Gibson: Mr. Vice -Mayor, out of all fairness to these people whose lives
depend, 5 years is an awful long time, my brother, and if we ought to be look-
ing at your performance every year and a half and certainly every three years..
Mr. Ling: This isn't an investigation of our performance, this is an investi-
gation of mortality experience, the disability experience and all of these things.
Rev. Gibson: That's even worse. That's even worse, my brother. We must protect
these people. This isn't a sermon to you, just lets everybody know how I feel.
We must protect these people who have joined us and said we and this is it.
Now if we don't do that we aren't good_ That's what I think I'm up here for
and I think we ought to do it every, certainly no less than 3 years.
Mr. Plummer: All right, we're going to decide on two or three years?
Mr. Andrews: Three years.
Mr. Plummer: Mr. Andrews, do you have any ideas on "H"?
Mr. Andrews: No, I've made my statements.
Mr. Plummer: Anybody on the Commission have a motion?
AN ORDINANCE ENTITLED-
h.
Ordinance :;mending certain sub -sections of tale Miami Cit
Employees' Retirement System (Ordinance No. 2230.
December (6, 1939, as amended) ; as appe.lring in codi t ic:1-
tion farm as a part of Chnpte 2 of the Code of the Cit..-
of Miami, l'lerit.7, 1957, as nmendvd, more p. rticnlarly,
repealing Section 2-90 entitled Adminir.t rat ion. and :.uIb-
st itut ing therefor a new Section 2-9O e'nt i t 1e•d n niui st r.i-
t ie'n, thereby e:;t:d dishing the Retirement Board o the
Mi;"ul Citt Employees' Retirement System and pr(evidluy,
for the composition thereol ; providing I1Irther for the
meetings al said Board and the procedure Ielr electinn u1
members; providing farther for qualifications for metnbel
ship on said Hoard and the procedure for tilling vacancies,
if any; providing further that members of the Board shall
serve without compensation and shall take an oath of
office; providing further for rules, and regulations by
which the Board is to be governed; lroviding further for
the selection of a Vice -Chairman an! Secretary for the
Board; providing further that the Board shall keep in-
formation and data; providing further that the Board shall
keep its minutes open for public inspection; providing
further for the submission of annual report, to the City
Commission of the City of Miami; providing further for
the designation of nn .actuary for the Board; providing
further for the selection of a physician to assist the
Board i.n the performance of its duties .rod providing for
the procedure to be followed by said physician when re-
quested d to assist the Board; providing Ielrlher for an
actuarial valuation by the actuary; repealing iu}t all
ordinances, Clde sections or Pitt:; thvrwi in conflict,
insofar as they are in conflict; 4entaining a severability
provision;
Was introduced by Commissionet Reboso and seconded by Commissioner Gotdon
and passed on its first reading by title by the following vote:
YES: firs. Gordon, Rev. Gibson, Mr. Reboso and Mt. Plummer.
NOES: None,
ABSENT: Mayor Ferre
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Cotntnissioh and to the pub-
lic.
THEREUPON MR. SILVER READ THE ORDINANCE_ TN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "I" DELETING THE EMERGENCY PROVISIONS.
Mr. Silver: What ordinance "I" is, this is the ordinance for the Retirement
Plan and it is similar in some respects and different in others as to the
System. This ordinance provides for the procedure to be followed in the event
of an application for accidental disability retirement by a member of the Retire-
ment Plan. The ordinance also provides definition of total and permanent disa-
bility for the further performance of duties. In addition the board is given
the right to receive any and all information which deems is necessary in order
to arrive at a decision. A significant change from the current practice is re-
flected in the provision that requires that the retirement board must concur with
the physician who is employed by the board when granting a retirement.
Mr. Plummer: Mr. Lanken, you have any comment on "I"? Mr. Kruse, any comment
on "I"? Mr. Andrews? Is there a motion from the Commission?
AN ORDINANCE ENTITLED-
i. * Ordinance amending certain subsections of the fliami Cite
General Employees' Retirement Plan (Ordinance No. 5o24 ,
May 2, 1956, as amended); ft'; appearing; in codification
form ns a port of Chapter 2 of the Code of the City of
Miami., Florida, 1957, as amended, more p;trt icttl:irly
amending Section 109 of said Chapter 2 by repealing
subsections 5 (a) and (b) of said Section 109, as Amended,
and substituting therefor new subsections 5(n), t,ht , and
(c) of Section 109 of said Chapter 2 providing for acci-
dental or service -incurred disability retirement allow-
ance; providing for the procedure to be followed by the
Retirement Board of the Miami City General Employees'
Retirement Plan when considering an application for acci-
dental or service -incurred disability retirement;
providing for the definition of total and permanent dis-
ability; providing further for the Retirement Board to
receive all available information when considering an
application for accidental or service -incurred disability
retirement; repealing all ordinances, Code sections or
parts thereof in conflict, insofar as they are in con-
flict; containing a severability provision;
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote:
AYES: Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mr. Reboso.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "J" DELETING THE EMERGENCY PROVISIONS,
Mr, Silver: Ordinance "J" establishes the composition of the Retirement
Board of the Retirement Plan. The members of the Retirement Plan Board will
be one City Manager, One Director of Finance, and two members of the City Admin-
istration appointed by the City Manager and one City Commissioner appointed by
the City Commission by a minimum of 4/5 vote. Further provisions require the
Board to keep its matters open for public inspection and also require the Board
to submit annual reports for the City Commission before July 1 again of each year.
7d
JAN 2 a 1975
In addition the ordinance provides for the designation of an actuary and
physician by the Board. The oHHinance further establisies a new rhysical
examination procedure whereby the physician that is employed by the
Board will be the only doctor who will have direct communication with
the board. That position is empowered to seek assistance from other
physicians from a list that has been approved by the Board. An actin -
axial evaluation is periodically ptovided for and ih this case will be
again the three year instead of the 5 year period.
Mr. Williams: There is one question here that has been pointed out. In
the Composition of the board there is supposed to be addition for elected
members from the....
Mr. Silver: Two members shan be elected from the Retirement plan for
a term ending on December 31, :.976. Two members of the Retirement Plan
who currently serve on the Retirement Board shall be members of the
Board herein created until December 31, 1975. So there are four members
on that side also in addition to the ones that I suggested to you.
Again, here the member of the Commission sits as a part of the Board and
is not necessarily the Chairman. And therefore, there provides for the
selection of a Chairman of the Board.
Mrs. Gordon: A misunderstanding, what you've said and what I've heard
before, I'm not saying which way I agree. Before I heard that the Com-
missioner was going to be the Chairman and non -voting member.
Mr. Andrews: That's in the System.
Mr. Silver: That's the System.
Mr. Andrews: The Plan is different.
Mrs. Gordon: Well that's why I'm asking the question. Ok. But why?
Mr. Andrews: I can perhaps best answer that at this moment. That it must
be like that. in the negotiating process that the groups negotiating for
the employees, Police and Fire were combined into one group and we negotiated
with them separately. The results produced at that negotiation were a little
bit different than the results produced over on the General Employees side
where there were three groups that were combined into one negotiating group
for the Pension. This was the result of that negotiating effort to try to
make the composition of both boards as equal as possible, one to the other
and this is as close as we could.
Mrs. Gordon: That's alright. That's for clarification. (1) The Commis-
sioner would be the presiding officer but not a voting member unless there
was a tie, to break the tie. The other one the Commissioner could logically
be the Chairman, Vice -Chairman or just a member but a voting member.
Mr. Andrews: Right.
Mr. Silver: Correct.
Rev. Gibson: You know I'm trying to understand. We're interested in all
of the employees. Why we going to let a Commissioner vote one place and he
doesn't vote in the other, why does he share a responsibility one place and
not the other? Now I know that that was negotiated but again, ' was right:
"Listen, but have the will and the courage to make decisions."
Mr. Plummer: Well personally I don't see anything, any great difference,
Father. Let me go back to the Committee of the Commission which made recom-
mendations and this is really where we're at today. It was the intentions
of that Committee that a Commissioner be placed on the Board. It didn't go
any further; whether he be chairman, vote or not vote, that he be there as a
watchdog because taxpayers' funds were involved. And really in both instances
both chairmen only vote to break a tie anyhow. So he is a voting member both
says. If it is not a tie he doesn't vote.
Rev. Gibson: J.L., I can forsee some problems. I think that if you're going
to let him vote one place he ought to vote everywhere and I don't think we
ought to preclude,'I don't think that we ought to stipulate that he ought to
be no chairman because I think that if you have a board they ought to have
JAN 231975
sense enough to elect their chairman. I hope they will. I hope they will.
And I have great faith and confidence in the people and I would say this -
if they're electing members to the Board and they don't have sense enough
to get the best people they're in bad bad shape.
Mr. Plummer:
iated, This
with it. If
Mrs. Gordon:
I understand
boxing ourse
All right, well this is of course, here again what they negot-
is what they wanted and I personally don't see any big problem
they've boxed themselves in well that's what they wanted.
Let's put it this way, 1 have no objections to seconding but
what Father says .hat they both should be the same and we're
Ives in, But this isn't the one that's bo}:ing it in, is it? It
is the other one that boxing in..
AN ORDINANCE ENTITLED-
* Ordinance amending certain subsections of the Miami City
Employees' Retirement Plan (Ordinance No. 5624, May 2,
1956, an amended) as appearing in codification form as a
part of Chapter 2 of the Code of the City of Miami, Florida,
1957, as amended, more particularly, repealing Section
2-108, entitled "Administration", and substituti,: 3 therefor
a new Section 2e108, entitled "Administration", toerehy
establishing the Retirement Board of the Miami Cicti
Employees' Retirement Plan ;►n'd providing for the composition
thereof; providing further for the minutes of said Board
and the procedure for elections and appointment of members;
providing further for the procedure for 'illine vacancies,
if any; providing further that members of the Board shall
serve without compensation and shall take an oath of
office; providing further for the selection of a Chairman,
Vice -Chairman and Secretary for the Board; providing
further that the Board shall keep information and data;
providing further that the Board shall keep its minutes
open for public inspection; providing further for the
submission of annual reports to the City Commission of
the City of Miami; providing further for the designation
of nn actuary for the Board; providing further for the
City Attorney to be the legal advisor for the Board;
providing further for the selection of a physician to
assist the Board in the performance of its duties; and
providing for the procedure to be followed bv said
physician when requested to assist the Board; providing
further for an actuarial valuation bv the actuary; repeal-
ing all ordinances, Code sections or parts thereof in
conflict insofar as they are in conflict; coltaini.ng a
severability provision;
Was introduced by Commissioner Reboso and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Cerre.
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.
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "K" DELETING THE EMERGENCY PROVISION.
Mr. Silver: Ordinance "K" combines all the current classes of employees,
there are different classes now in the Retirement Plan into one class. All
these classes are now in class A. We have created a second class B which
will comprise all those members that were transfering over from the system
who are general employees who are now going to be members of the plan. The
difference between these two classes A and B will only be in the fact that
the members in Class 13 who who were members of the System who didn't have
to pay Social Security will not still have to pay Social Security. Whereas
those members in Class A will have to pay it.
Rev. Gibson; Let me ask a question. I'm concerned about the Social Security
provision and 1 want to be enlightened. Isn't it to their advantage to be a
part of Social Security?
JAN 31975
Mr. Silver: Well these employees, if I recall correctly and somebody can cor-
sect on the history of this, at the time there was an election that they had to
make back a few years ago wh?ther or not to become members cf the plan or stay
Within the system and they s,ayed within the system and the system was not re,-
quired to pay Social Security and therefore that is why they are not paying
Social Security today.
Rev. Gibson: I want to say to the employees of this City if you don't know it
you ought to know it. Let me tell you something, at the high cost of most of
the things now if you don't have Social Security you're in trouble. Now that's
your business. I'm prepared to give you what you want. In this instance I'm
not only willing to listen but I'm also willing to do it. But I Want to tell
you, I Was the victim of that choice in the ministry and they changed it and I'll
tell you I'm running like H to take advantage of that provision. And I would
hope the employees of this City would not be so nearsighted that you don't want
Mr. Andrews: There is one additional important area of adjustment in this ordin-
ance in that these members of the plan will be required under certain circum-
stances to pay 8% contribution rather than 71 as they have in, as they are now
paying. In other words the requirement of the employees in the Plan will in-
crease by another 4%. There are certain other emoluments that are being granted
in this ordinance that do not exist in the present ordinance. In other words
this new ordinance before you provides for some additional emoluments. I want
Mr. Litvak to come to the microphone and explain what those are so the Commis-
sion is fully aware of what they're adopting and then you may choose to ask
the actuary about the impact of those new improvements as it affects the fund-
ing of this plan.
Mr. Litvak: This puts all general employees under one benefit structure and
for Reverend Gibson, the choice of whether or not they will opay Social Security
is still an individualchoice and they may decide at any time to change over.
So there is no restriction by the Pension System on that matter. The benefit
structure would assure that every general employee now employed will receive as
much if not a greater benefit than they do under the present plan. This is to
make equal availability of benefits, equal contributions and rectify some of
the inequities that existed previously on benefit structure. It does, it
allows one other thing which will be your next resolution and that is to en-
courage the employee to stay in the Retirement Plan for a longer period of
time thereby reducing the demand financially upon the plan.
Mr. Plummer: Mr. Kruse, Mr. Ling.
Mr.Litvak: On a long range basis this should have the effect of deferring re-
tirements, keeping people on longer. And even though they will be drawing
larger benefits the fact that they remain employed longer should have a long
range affect of a cost reduction or at least no increase in cost to provide
for these higher benefits than are now provided under the existing ordinance.
You won't notice any immediate big cost reduction in this because this takes
time to come into affect and will be primarily afrected by your new people,
your new future employees coming into emp:.oyment from this date on.
Mr. Plummer: What does it do to the contribution of the City?
Mr . Litvak:Well, eventually it will have the tendency to reduce the contribut-
ion of the City but it won't do it immediately. You won't have a big break
in the required contributions next year, for example.
Rev. Gibson: Let me ask a question.
Mr. Plummer: Wait a minute, Father, let me follow through on this same train
of thought. What is the impact on the contribution now?
MrLitvak: At this moment?
Mr. Plummer; Or of this coming year,
M.Litvak: None.
JAN 2 3 1975
Rev: Gibson: I want to raise this for my enlightment. Isn't it true, sit
that if you're dealing with Social Security that the people who are most apt
to take the choice of not becoming a part of the system are the people who
can least afford it?
Mt. Litvak: This is true but all we're saying is that the City originally ih
allowing the option has held the option open and is not forcing anyone into
being in Social Security or hot availing themselves of it.
Rev. Gibson: All right, I heat that but what I'm trying to say to this Commis-
sion in a very polite way, I think we who help to run City Governfient have a
corresponding responsibility to educate the people and say, "In your best inter-
est this is". I'll bet you the highest paid men and women who work for the
City elect Social Security. Isn't that true? Make a study and a survey and
you'll find that the greater percentage of the people who... You're shaking
your head.
Mr. Litvak: No, sir.
Mr. Andrews: I'm shaking my head Father, because I would speculate at this
time if there are 10 policemen and firemen who are in Social Security that I
would have a high number. None.... So all of the policemen and firemen which
constitutes maybe 40% of all the City employees are not under Social Security.
Rev. Gibson: One reason, tell the other part of it. They're the best paid
people too, aren't they?
Mr. Andrews: Yes but that
Rev. Gibson: That's the point I'm making and all I'm saying is those people
who aren't very well paid ought to be taught and showed and cajoled and urged.
That's all I'm saying.
Mr. Plummer: You can take a horse to water but can't make him put on a bathing
suit.
Rev. Gibson: I'll tell you what the Bishop of North Carolina said when I was
in College - if you give him enough salt he'll be damned glad to drink that
water. And that isn't preaching language either.
AN ORDINANCE ENTITLED-
k. * Ordinance amending certain subsections of the Miami City
General Employees' Retirement Plan (Ordinance No 5624,
Mny 2, 1956. as .upended); as appearing in codification
form as a part of Chapter 2 of the Code of the City of
Miami. Florida, 1957, as amended, more particularly
amending Section 106 of said Chapter 2 by repeali ig
subsections 1(c), 4, 5 and 6 and substituting thr►efor
a new sup: ection 4 of Section 106 of said Chapter 2 ther..by
providing for two classes of employees. to -wit: Class A -
consisting of all general men and women employees. and
Class B - consisting of all general employees who as of
October 1, 1974 were members of the Miami City Employees'
Retirement System; providing further that the members of
Class B shall retain their status of exemption from the
provisions of the Social Security Act; providing further
that each member who has attained his minimum retirement
date shall receive a normal retirement benefit of two (2)
per cent of his final average earnings, plus an additional
one -tenth (1/10) of one (1) per cent for each year that
the member's age and service exceeds seventy-five (75) up
to a maximum credit of three (3) per cent_ per year of
service with exceptions; providing further for the transfer
of all assets and liabilities from they Retirement System
to the Retirement Plan for those members of the Miami
City Employees' Retirement System becoming members of the
Miami City General Employees' Retirement Plan; providing
further for an actuarial valuation to be made as of
December 31, 1974. to determine the :assets and liabilities
of those members of the Miami City Employees' Retirement
System transferring to the Miami City General Employees'
Retirement Plan; providing farther that there shall be an
eight (8) per cent contribution by all employees belongin
to the Miami City general Employees' Retirement Plan;
repealing all ordinances, Code sections or parts thereof
in conflict, insofar as they are in conflict: containing
a severability provision;
84.
J►N231975
Was introduced by Commi:.sioner Gordon and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mt. Plummer
NOES: None.
ABSENT: Mayor Ferre.
The City Attorney read the ordinance into the public record and
announced that copies were &.ailable to the members of the City CO —
mission and to the public.
THEREUPON M. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE As.. AGENDA
ITEM 23 "L" DELETING THE EMERGENCY PROVISION.
M. Silver: Ok, what ordinance "L" does is, the subject matter of this ordinance
gives the employees who are employees of the plan prior to October 1, 1974 or
those employees who are transferring over from the System to the Plan pursuant
to the last ordinance the option of having their benefits computed in one of
two ways. The first alternative would be to have the benefits computed in ac-
coreance with the provisions of Section 2-106 which we just passed which is the
two percent plus 1/10 of one percent for each additional year over 55. The
other alternative is to have a member's benefits, if he qualifies, computed in
accordance with the provision of Section 2-109 (3) (b) which are the longeavity
benefits, the fifteen year in service prior to attaining the minimum service re-
tirement date or at a rate of 21% per year whichever one of those two benefits is
greater. I think if there are any questions Mr. Litvak....
Mr. Plummer: Mr. Lanken, do you have any comment, sir?
Mr. Lanken: No comment, sir.
Mr. Plummer: Mr. Litvak, do you have any comment?
Mr. Litvak: Yes, sir. This guarantees that any employee will have the option
of at least the benefits that existed previously under longeavity or the advant-
age of taking care of the new benefit structure whichever is greater.
Mr. Plummer: Mr. Kruse? Mr. Andrews?
Mr. Andrews: Yes, there is one point in this that is not coming across which I
want to make sure that the Commission understands. Between these two ordinances
we will adopt a provision that.. Am T in the right one now, correct me if I'm
wrong, that will provide for a potential 3% benefit to employees who choose to
stay with the City after a retirment age and continue on as an added benefit and
this is when Mr. Kruse or Mr. Ling will be telling you that that particular im-
pact over a long period of time will cause a reduction in the amount of contri-
bution to the City. And when you asked the question specifically of Mr. Ling
"what will the impact be now, will we require more funding?" his answer was
"No", that the long range effect of that will be to reduce the requirement. But
the employees who take advantage of this, when they do retire will receive a
greater pension benefit.
Mr. Plummer: Yes, but overall it is a decrease in cost.
Mr. Andrews: Yes, but I don't want the Commission to leave the table here
with a misunderstanding. In the future someone begins to recognize that
they're going to get a 3% emolument when you've been thinking all the time
that the maximum employees can receive is 2N3.
Mr. Plummer: Well that is only based that he stays after the normal age of 55.
Mr. Andrews; Right.
JAN 2 31975
AN ORDINANCE ENTITLED.
1. * of-dihance amending certain subsections of the :Miami City
General Employees' Retirement Plan (Ordinance yo. 5624,
May 2, 1956, as amended); as appearing ih codification
form as a part of Chapter 2 of the Code of the City of
Mijthti, Florida, 1957, as amended, mote part:,cularly
amending Section 109 of said Chapter 2 by creati•4 a
subsection (3) utilizing existing provisions of c..iid
Section 109 and lettering said provisions respectively
(a), (b) and (c); and by adding a new paragraph (d) to
subsection (3) of Section 109 of said Chapter 2; thereby
providing the minimum benefits to which :i member who was
employed by the City of Miami on October 1, 1974, would
be entitled; providing further that Inv member employed
by the City of Miami prior to October 1, 1974, shall have
the option of having his retirement benefits computed in
accordance with the provision of Section 2-106 of the
Code of the City of Miami; or in the alternative, if such
member qualifies, he may have his benefits computed in
accordance with the provisions of Section 2-109(3)(b) or
at a rate of 2-1/2 per cent per year, whichever benefit
is greater; repealing all ordinances, Code sections or
parts thereof in conflict, insofar as they are in con-
flict; containing a severability provision; declaring
this ordinance to be an emergency measure;
Was introduced by Commissioner Gibson and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
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.
THEREUPON MR. SILVER REAL) THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "M" DELETING THE EMERGENCY PROVISION.
Mr. Silver: Ordinance "M" again is the Plan proposal for limiting disability
benefits to those members who have an accidental retirement and whose annual
earnings from employment exceed an amount which when added to their disabil-
ity retirement allowance would result in the combined income of 100% of the
maximum current salary for the classification from which the employee was
retired. In addition the ordinance requires that each member receiving an
accidental disability retirement furnish copies of his income tax statement
for the preceding year. The ordinance further provides for the procedure to
be followed for subsequent physical examinations of members who have received
accidental disability retirement. The ordinance also provides for the right
of pay back of contributions in the event a member who is on disability is
returned to work in the City and in addition the ordinance provides for a
subsequent physical examination at least once every five years for those
members receiving an accidental disability retirement:.
Mr. Plummer: Mr. Lanken, Mr. Kruse or Mr. Ling? Any comment on this item,
sir? Come to the microphone, please.
UNIDENTIFIED SPEAKER: Very improved provision in the plan where we've advo-
cated for many years.
INAUDIBLE
Mr. Plummer; Father, the old provision provided for a board's right to re-
examine every year for the first five years and every three years thereafter
until normal service retirement. Now it will provide that they shall be re-
examined every five years to determine that their disability is still the
same disability that when they went out, In other words, you want me to get
to the gut of the issue? The gut of the issue is that there is 300 and some
people presently out on disability and out of the 310 for the last 12 years
that 1 was able to search the record, only 4 of them had ever been called
JAN 2 31975
back. This way the board is assured that they will be called back, they
will be reexamined and that there will be no fraudulent claims against the
Pension Fund. This will eliminate them.
Rev. Gibson: My concern is that the man is on disability and that you're
going to wait five years...
Mr. Plummer: No, no less than. You can examine him the first year. At least
every five years.
Rev. Gibson: Ok, let me, I'm trying to do something else. You know I could
conceive of one or two people who disliked John Doe and so you examined him
every year.
Mr. Plummer: Only the first five.
Rev. Gibson: What I'm trying to establishin my mind that there is a mandatory
examination say two years or three years and you know you don't harrass the man
to death you know because John Doe under whose direction he worked with super-
vision decides to check up on him.
Mr. Plummer: It will not be his supervisor Father, it will be the Board, not
the supervisor.
Rev. Gibson: Well let me put it this way, that the supervisor doesn't tell
somebody on the Board to see that it is done.
Mr. Plummer: Well I understand your concern Father
Rev. Gibson: You know I hope I don't live to say to the Commisson, you know
I may not be here. I hope I don't live to say to the Commission - I told you
so.
Mr. Plummer: But you can't provide 3642 separate ordinances for individual
problems. We've got to hope that these boards will act in fair and reasonable
manner. And if they don't that's why the provision is there to replace the
Boards or chanye the ordinance again.
AN ORDINANCE ENTITLED-
m. * Ordinance amending certain subsections of the Miami Cit,.
General Employees' Retirement Plan (Ordinance No. 5t24.
May 2, 1956, as amended); as appearing in codification
form as a part of Chapter 2 of the Code of the City of
Miami, Florida, 1957, as amended, more particularly,
repealing subsections 10 and 11 of Section 2-109 ,f said
Chapter 2 entitled "Reexamination of Benefici arie-> Re-
tired on Account of Disability', and substituting therefor
new subsections 10, 11 and 12 of Section 2-109, entitled
"Limitation of Disability Benefits and Reexamination of
Beneficiaries Retired on Account of Disability" thereby
giving the Retirement Board of the Miami City Ceueral
Employees' Retirement Plan the authority to limit pension
benefits of members receiving accidental disability retire-
ment benefits when a member's annual earnings from employ-
ment exceed an amount which when added to his disability
retirement allowance would result in a combined Income of
one hundred per centum (100%) of the maximum, current
salary for the classification from which he was retired;
providing further than any member receiving an acciden'nl
disability retirement allowance shall furnish copies of
his federal income fax for the immediate preceding year
and other information as required by the Retirement Board;
providing further for a withholding of disability retire-
ment allowance payments when a beneficiary's income exceeds
the maximum permissible amouut; providing further for no
restriction .on earnings when a member who receives an
accidental disability allowance reacheq his minimum normal
service retirement age; providing 1•': -ac'r for physical
examination of members receiving n disability retirement
allowance; providing ft►rther for the procedure to be
followed in the event a member is able to perform service
acceptable to the City; providing further for the right
JAIN ?. 1975
of pay back of contributions to the Miemi City General
Employees' Retirement Flan in the event an employee ►.s
returned to duty after receiving an accidental disability
retirement; providing further for the physical examination
by the physician employed by the City at least once every
five years fot those members receiving an accidental
disability retirement allowance; providing ftttther for the
termination of an accidental disability retirement allowance
when a member prior to his mandatory retirement age who is
receiving said allowance, is no longer incapacitated or
refuses to accept etaptoyinent offered to him; repealing Al
ordinances, Code sections or parts thereof in cdnflict,
insofar as they are in conflict; containing a severability
provision;
Was introduced by Commissioner Reboso.and seconded by Commissioner Goruon
and passed on its first reading by title by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer
NOES: None,
ABSENT: Mayor Ferre,
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mr. Plummer: Mr. Parks, as the head mother.
Mr. Ralph Parks: Clear up a few points and ask one question first of all for
Father Gibson's benefit. It is mandatory now that all employees except Fire
and Police have Social Security. It is also mandatory that all employees
join the Pension Fund. The other question, it is mentioned by the Commission
that there is an increase of a half of one percent and I'm speaking as an
elected representative of the general employees. In lots of cases, 200 prob-
ably, will be 1t2 to 2% increase, and I want the Commission to know this. We
have many people in the Pension Fund that are now paying 64%, mostly ladies,
females who took advantage of the B plan because they came in in the low pay-
ing classifications years ago. For them it will be an increase of 1%. We
have some that are paying 6%, a few. And I would like to ask for the benefit
of the General Employees, Mr. Kruse and Mr. Ling if they could tell us if the
half percent increase is really necessary to fund the benefits that I've heard
mentioned today?
Mr. Plummer: Well, let me before they even get up, this is a thing that was
negotiated and I've tried to steer it from the point that it is not deviating
from what was negotiated and I would like to stay along those lines, Mr. Parks.
I would have to rule your question out of order, you are entitled to ask your
question of him later in a personal way and live with his answer. Let's go
to "N" as in naughty.
THEREUPON MR. SILVER READ THE ORDINANCE IN ITS ENTIRETY BY TITLE AS AGENDA
ITEM 23 "N" DELETING THE EMERGENCY PROVISION.
Mr. Silver: Again what this ordinance does is again to make all members who
are members of the Board on the Retirement Plan members of the Board of Trustees
of the Retirement Plan. They're going to be exactly the same individuals and
they will just be acting in differnet capacities.
Mr. Plummer: Mr. Lanken, Mr. Kruse, Mr. Andrews?
Mr. Andrews: No comment.
Mr. Plummer: As a member of the Board I would like this clarification. I
don't notice in here any designation on the Police or Fire or GEA or did I
overlook it? For example, how long will the firemen serve on the board be-
fore another elction? Is there a term in office? It is included in there?
Mr. Silver: It is included not in this particular ordinance. See, this ordin-
ance provides that the members of the Board of Trustees serve on the Board of
Trustees only so long as they are members of the Board on the System or the
Plan.
Mr, Plummer: What I'm getting at, we understand that a man or a woman has to
be a Commissioner to be Commission designated. Now what I'm getting at, let's
JAN 2 3197
say that there are two fire representatives. ok? Is there anywhere in
there that it spells out how long that term shell be before they're up for
reelection to serve on the Board?
Mr. Silver: It provides in your general ordinances which you passed earlier
for terms of two years ending on certain dates.
Mr. Plummer: Fine, thank you.
Mr. Andrews: But not those appointed by the Manager.
Mr. Silver: Right.
Mr. Plummer: No, he can change them daily.
Mr. Andrews: Or they can serve for four or five years.
Mr. Plummer: There is no time limit.
AN ORDINANCE ENTITLED-
n. * Ordinance amending ,:ertain subsections of the Miami Cit'.
General Employees' .tetirement Plan (Ordinance No. 5624.
May 2, 1956, as amended); as appearing in codification form
as a part of Chapter 2 of the Code of the City of Miami.
Florida, 190, as amended, more particularly amending
Section 111 of said Chapter 2 by repealing subsec•ions
3(a), (b) and (c) of said Section 111, as amender'', and
substituting therefor new subsections 3(a), (b) anc. (c)
of Section 111 of said Chapter 2, providing for the
appointment of a successor -trustee to ndminister the Miami
City General Employees' Retirement- Plan Trust; providing
further for the composition of the successor -trustee;
providing further the qualifications for the trustees;
providing further the tenure of the City Commissioner
serving on the Board of Trustees; providing further the
tenure of the remaining members of the Board of Trustees
other than the City Commission; providing further the
method of appointment of successor -trustees; repealing all
ordinances. Code sections, or parts thereof in conflict
insofar as they are in conflict; containing a severability
provision;
Was introduced by Commissioner Gordon and seconded by Commissioner Reboso
ana passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mr. Plummer: I'll take the prerogative of the Chair and I would like Mr. Lloyd,
that you recognize, I know that you do but I want this Commission and everyone
else to compliment Mr. Silver on a job which I know he gets paid for but he has
gone way beyond and spent un-amount of hours in seeing these things through to
its completion and in the best it was not an easy job and I think he should be
complimented and so noted by you for a job well done.
Mr. Silver: Thank you very much.
Mr. Lloyd: I will so do, your honor.
JAN 2 31975
32, AWARD BID
EOOTIABLE LIFE ASSUR/ JCE SOCIETY OPTNE UJIIIU STATES
GROUP INSURANCE COVERAGE FOR CITY EMPLOYEES
Mr. Plummer: For the record let me read into the record a letter from Mr.
Rothstein which was I believe copied for everyone:
Dear Vice -Mayor Plummer:
Please be advised that your Insurance Committee met with Dr. Harwitz and
myself and had a very fruitful meeting. It was the conclusion and opinion of
the members of the Committee that the Commission should proceed to act on the
present Equitable Plan at its next Commission meeting, and that the Committee
should stay intact and work together towards a full analysis of incorporating
an H.M.O. type of plan in the program to be presented to the employees in the
future when the federal regulations become available, or perhaps next year
when the bids for new plans come up.
Both Dr. Harwitz and myself concur with the Committee in the conclusion
that further exploration of how to implement a Health Maintenance Organizat-
ion for the City is definitely required.
I think that the Committee and the Administrative Staff would do well
to work towards this goal and that Dr. Harwitz personally stands ready to
assist in any way he can and he should be communicated with directly.
Many thanks for your kind cooperation and attention to this matter.
Sincerely,
Alan H. Rothstein
Mr. Plummer: Mr. Clerk, I'll give you this for the record, sir. Mr. Manager,
would you like to address yourself to item 34?
Mr. Andrews: Yes, the resolution that is before you is one that comes to you
through the recommendation of the employee groups and of the City Manager that
we accept the bid of Equitable Life Insurance Society of the United States to
provide for our group insurance coverage. I think most of the questions have
been resolved.
Mr. Plummer: NO, sir. I had one to you that hasn't been resolved.
Mr. Andrews: All right. I say I thought most of them had been resolved and
we're here to answer any of the Commission's questions.
Mr. Plummer: I've got to have the brown boDk, Mr. Andrews. You know what my
question is. Father, if you and Mrs. Gordon want to listen, I question of the
Manager, Equitable Life Insurance was $1, 334,00 as the City's contribution as
opposed, for example, of Washington National which is $1,173,000, even as opposed
to John Hancock which was $1, 054,000. Now since they all bid and had to meet
the specifications, there is some great gap in the cost and I requested to know
why there was a gap and the justification of either the administration or the
Committee.
Mr. Andrews: And I'll let Mr. Litvak add any additional details to this. It
might have been apropos of the consultant
Mrs. Gordon: What item is that on the Agenda?
Mr. Andrews: Item 34. If he would have footnoted some of the additional re-
quirements that are not indicated in these bids that will take place. The bid
reflected by Equitable includes all of the servicing factors required to pro-
vide the insurance coverage for the City. Washington Nation does not. There
is, in round figures, a hundred thousand dollars additional requirement that
would have to be added to that to provide for all the services, a factor that
is provided through Equitable. Now when you add that to it the difference
between the $1, 334,000 then and what could be $1, 270,000 you then look at
the amount of money that the employees must contribute represents $300,000
more in contributions and when we formulated this whole plan you must realize
that the City Administration and the City Commission in adopting the Budget
made some commitments to the employees that we would budget a certain amount
of money for this and that the total plan that they would devise for the employees
would not exceed the City's contribution in funds. They have stayed within that.
They wrote their specifications to receive bids with options at the end to just
in the event that bids came in low enough that some of those options could be
included. They have selected a plan that stays within the funds that we have
budgeted, have chosen not to go beyond the monies or even recommend a plan which
went beyond the moneys that we have available. Therefore, we couldn't exercise
JAN 231975
all of the options that were available. Now under this plan that then pro-
vides Insurance coverage with minimum impact upon the employees with a close
relationship between bids when you compare all of the costs to make bot:i bids
equal.
Mr. Plummer: All right. Do I also understand under Equitable's bid that they
include a claim service?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Plummer: That means that we will then be eliminating the claims service
that the City presently has?
Mr. Andrews: Just a minute, so that we don't get caught in a miscommunication
here. There are 5 full time positions and 7 part time positions throughout the
City, not only the people here but there are people in the larger Departments
that provide in one person perhaps 20 hours a week, 15 hours worth of time of
that person to follow up insurance for that Department. Not its not possible
to eliminate a person there so there'll be more time to do other things. But
there are specific places throughout the City where there is more than one per-
son involved. In the Finance Department there are four people involved in this
activity. In the Sanitation Deprtment there is one full time position that
we'll be able to eliminate. There's five positions in all that we're talking
about and four of those positions will be eliminated. We'll have to have one
to do some administrative work.
Mr. Plummer: Ok. The only other stipulation that I will require for my
affirmative vote that this is a definite cost factor, that there will not be
a dead horse issue here at the end of the year as there existed with Metropol-
itan of a reaudit for an additional premium.
UNIDENTIFIED SPEAKER: Commissioner Plummer, this is a guaranteed premium for
one year. The other clarification matter is that the exhibit A-3 that you were
looking at with reference to the distribution of cost was inserted by the act-
uary after they had done their initial analysis at our request. Their initial
analysis had been done by what's shown in exhibit B-2 which was based entirely
upon the total premium that was bid by the company and they evaluated the cost
of the policy total, not only the City's cost but what the total premium was.
They had absolutely no idea as to the distribution between City cost and employee
costs at the time they did their evaluation. It was only after they completed
it and provided us with a preliminary report that we then asked them to recal-
culate and distribute between City share and employee share so that we would
know as to whether this fit within the budget requirements of what the City
was stating.
Mr. Plummer: Well Mr. Litvak, let's make it a little clearer, sir. I'm assum-
ing when we vote for Equitable Life Insurance that the City will pay $1, 334,789.00
for one year and no more.
Mr. Litvak: Yes, sir.
Mr. Plummer: That's understood.
Mr. Litvak: With the variation of the number of the people that are covered,
naturally because the premium is based upon the number of people....
Mr. Plummer: Oh I understand if there is more people. But as I also recall
the former carrier came back at the end of the year and said that they had
paid out more in claims that they had been paid in the premium and we had to
pay an additional premium.
Mr. Litvak: Equitable will only be able to give us a premium adjustment for
the second year and that notification is 30 days prior to the 1 year expir-
ation.
Mr. Plummer: You mean if we wish to do business.
Mr. Litvak: If we wish to renew they will give us the rate in advance.
Mr. Plummer: Ok. If there is a change.
Mr. Litvak: If there is a change and they guarantee that each renewal rate
will be for another premium period, a one year period.
8i
JAN 231975
Mr. Andrews: Those were questions that you had raised before and I wanted
to make sure they were on the record.
Mt. Plummer: Let's put it on the record and then there's no denying later
what happened.
Mr. Lloyd: Now Mr. Mayor, I want to call your attention, we have corrected
the second page, the second page is corrected and passed out for you and the
title corrected reflects what the corrected second page how reflects.
Mr: Plummer: I haven't understood a damned thing you've said!
Mr. Lloyd: What we're talking about is approval annually and the first resolut-
ion which you had did not correctly reflect that and now it does.
Mr. Plummer: Thank you, sir.
Thereupon the City Attorney read the resolution by title.
The following resolution was introduced by Commissioner Reboso who
moved its adoption:
RESOLUTION NO.75-85
A RESOLUTION ACCEPTING THE BID OF THE EQUITABLE LIFE
INSURANCE SOCIETY OF THE UNITED STATES, RECEIVED ON
SEPTEMBER 20, 1974, PROVIDING GROUP INSURANCE COVER-
AGE FOR CITY EMPLOYEES FOR A PERIOD OF ONE YEAR, COM-
MENCING FEBRUARY 1, 1975, AND RENEWABLE ANNUALLY;
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF MIAMI TO ENTER INTO AGREEMENT WITH THE EQUIT-
ABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES.
(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, Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
c.134)
33, ACCEPT COMPLETED WORK - KENNEDY PARK -COMFORT STATION - 1974
Mr. Feboso: caul, the $44,007.00 is For the 70; square feet for Kennedy
Park or it includes all the electrical work at the Park?
Mr. Andrews: No, this does not include all of the electrical work. Wait a
minute, excuse me.
Mr. Plummer: This is just for the comfort station.
UNIDENTIFIED SPEAKER: That's correct.
Mr. Reboso: You mean that is more than $60.00 a square foot?
Mr. Plummer: No, it's more than $7,000 a seat.
Mr. Reboso: I can't believe that!
Mr. Andrews: That is the cost, that's the sewer line, the electrical, everything
connected with it. This is the cost. From my memory there were about 6 bidders
and this was the lowest of those bids.
91i
JAN z 41Vi 6
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO.75-86
A RESOLUTION ACCEPTItG THE COMPLETED WORK PERFORMED
BY AD-A-LITE ELECTRIC, INC. AT A TOTAL COST OF
$44,907,00: AND AUTHORIZING AND DIRECTING THE PROPER
CITY OFFICIALS TO MAKE A FINAL PAYMENT OF $6,723,27
FOR THE CONSTRUCTION OF KENNEDY PARK - COMFORT STAT-
ION - 1974.
(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: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES: None,
ABSENT: Mayor Ferre.
c\'`O
34, APPOIt,T MEMBERS — E14VIRUENTAL PfESERVATIW REVIEW BOARD
Mr. Plummer: As I understand it each Commissioner will appoint one
member. Mrs. Gordon, your nomination.
Mrs. Gordon: I wanted to clarify the intent of the Board that there be a
member from the five categories. So I'm going to pick one from the category
called Environmental Organizations and I'm going to select Michael Simonoff
who was instrumental in this board's creation.
Rev. Gibson: I'm going to pick #3, Mr. Thurston Hatcher.
Mr. Reboso: In Neighborhood Organization, I'm going to appoint Adele M. Kantor,
President of the Bay Heights Homeowners Association.
Mr. Plummer: Do you also, Mr. Reboso, have the preference of the Mayor?
Mr. Reboso: The Mayor, we don't know in what category
Mrs. Gordon: J.L., why don't you take your pick first?
Mr. Plummer: I don't have mine ready so that's what I was waiting to do.
Mrs. Gordon: Well let me say that there has to be
Mr. Plummer: We'll hold up the two remaining appointees.
Mrs. Gordon: All right. We have to select one out of item and there is only
one name there, so you know we don't have a second choice there. The nominee
of the Florida Nurserymen and Grower's Association is David C. Sinclair and
so I mean I'll name him, I don't know the man but he's hominated by that group
and that's the group that has to be a part of the Environmental Preservation
Board. No, he doesn't have to be your choice.
Mr. Plummer: I still will have the right to name one member.
Mrs. Gordon: Again, I said I would have left before except I wanted to be sure
you all understood what we have to do and that is like in item #1 there is three
names. I don't know any of the three but one of those three has to be picked to
make this board complete. Now I just called Mr. Whipple over to ask him if he
knew any of the three and he said he knew Mr. Bill Rosenberg. So if you want
to ask Mr. Acton
Mr. Plummer: We're not limited to the names on here,
Mrs. Gordon; Oh yes.
AN 23 191 D
Mr, Plummer: Why?
Mrs. Gordon: Because. Tell them why, Mr. Andrews. Tell them why, the advertis=
ing and all the test of the bit: How were these names obtained?
Mr. Acton: They were requested through or by the City Clerk on public advertis-
ing setting out to the various civic organizations, professional organizations
and requesting lists of names from i.hose organizations. Don't forget there wcte
supposed to he two alternate members to tht Board also,
Mrs. Gordon: Yes, and the two alternates ate kind of open but they nti1l has
to be split.
Mr, Acton: Right. There is one from AIA, one from the American Institute of
Landscape Architects, One from Nurserymen, one from the Environmental Group and
so on.
Mrs, Gordon: So far we have completed three of the five.
Mr. Plummer: What two areas are open?
Mrs. Gordon: One and two.
Mr. Plummer: I'll call you tomorrow and I'll make mine in #1.
Mrs. Gordon: Then j.L., you pick the one in #1 and then in #2; I mean there's
only one choice so I'll name them, you name them, anybody.
Mr. Plummer: WEll in #2 there is only one choice .. the provisions provide
he's chosen. He's not chosen, he's put there. And I'll call you tomorrow on
which I've selected.
Mr. Acton: Plus two alternate members.
Mr. Plummer: Are these people paid?
Mrs. Gordon: No.
Mr. Reboso: Mrs. Gordon, one of the alternates should be Steve Zack, that is
the person that the Mayor wants.
Mrs. Gordon: Ok, and I would think that as another alternate we ought to have
another neighborhood organization and I thinkmaybe the Coconut Grove Civic
Club which always has such a deep interest in the environment, they have two
names here, Henry C. Alexander, Jr. and Valrae Spatz. I think we ought to
pick one.
Mr. Plummer: Pick the first one.
Mr. Southern: I'd like to get a quick review of those names now so that I can
get them all together.
Mrs. Gordon: Ok, the only thing you don't have is the name for #1.
Mr. Plummer: Which I'll give you tomorrow.
Mrs. Gordon: Ok, in #2 you have David Sinclair, #3 Thurston Hatcher, #4 Michael
Simonoff, #5 Adele Kantor, alternate #1 Steven M. Zack and #2 Henry C. Alexander.
Right? Ok.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-87
A MOTION APPOINTING FIVE MEMBERS OF THE ENVIRONMENTAL PRESER-
VATION REVIEW BOARD AND TWO ALTERNATE MEMBERS TO SAID BOARD.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Mrs. Gordon, Mr, Plummer, Mr. Reboso and Rev, Gibson.
NOES: None,
ASSENT; Mayor Ferre,
JAN 231975
` 3
0.; :s3 35, APPROPRJATE $4, 500.00 - 2 FLOAT I JG DOCKS to BE USED AT MARINE STAD I Ufa{
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 8316 (THE APPROPRIATION ORDINANCE FOR
THE 1974- 75 BUDGET) BY APPROPRIATING
$4,550.00 FROM THE MARINE STADIUM FUND
BALANCE FOR THE PURPOSE OF PAYING SOUTHERN
BOAT SHOWS, INC. FOR THE PURCHASE OF TWO
(2) FLOATING DOCKS TO BE USED AT THE
MARINE STADIUM; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Reboso and seconded by Commissioner
Gibson, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES: None
ABSENT: Mayor Ferre.
ABSTAINING: None.
Whereupon the Commission on motion of Commissioner Reboso and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES: None
ABSENT: Mayor Ferre.
ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8350.
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.
';4)
0:lj 3E, AWARD BID - FOOD FOR 3 DAY CARE CENTERS
The following resolution was introduce'
moved its adoption:
b..
r'o^zr^i^sioncr r'ordon who
RESOLUTION NO.75-88
A RESOLUTION ACCEPTING THE BID RECEIVED FROM DIETCRAFT,
INC. FOR FURNISHING FOOD FOR THREE DAY CARE CENTERS FROM
JANUARY 30, 1975 TO SEPTEMBER 30, 1975 AT A COST TO THE
CITY NOT TO EXCEED $19,200.00; AND AUTHORIZING AND DIRECT-
ING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPART-
MENT TO ISSUE A PURCHASE ORDER FOR THIS FOOD FROM FUNDS
PROVIDED IN THE 1974-75 FEDERAL REVENUE SHARING BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Reboso , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr, Plummer.
NOES: None,
ABSENT: Mayor Ferre.
9 ti
JM9 231975
ek
'8,000 POLICE HEAbouAkttks & MIME t'Rt=VEt4TtON EACtLtT'ES
BONb5
� 57, P V1tE FOR SALE OF:$S,OOO SANITARY SOAR S t , STREET AND HIGHWAY
�� `'t t ipROV MEN T BONU5 AND OOO $3STORM SEWER IMP , BONDs
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO.75=89
A RESOLUTION PROVIDING FOR THE SALE OF $8,000,000
POLICE HEADQUARTERS AND CRIME ?REVENTION FACILITIES
BONDS, $5,000,000 SANITARY SEWER BONDS, $3,000,000
STORM SEWER IMPROVEMENT BONDS, AND $3,000,000 STREET
AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI,
FLORIDA; SETTING FORTH THE METHOD OF PAYMENT OF INTER-
EST; SETTING FORTH THE FORM OF NOTICE FOR BIDS FOR
SAID BONDS; DIRECTING PUBLICATION OF NOTICE OF SALE
OF SAID BONDS; PROVIDING FOR THE BIDS TO BE OPENED
ON FEBRUARY 27, 1975; SETTING FORTH THE METHOD OF
BIDDING; AND SETTING FORTH THE FORM OF THE BIDS.
(Isere follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre.
41.° U.S.DEPT.HOUSING AND URBAN DEVELOPMENTS POLICY PROHIBITING
38, EXPRESS OBJECTICtJ CONSTRUCTION OF FEDERALLY SPONSORED PUBLIC HOUSING
ETC.
Mr. Plummer: I think that it would be appropriate on deviating again from the
agenda. Mrs. Gordon? That this Commission take a position that Mr. Andrews
and I tomorrow will appear at. the H.U.D. hearing in reference to federal fund-
ing that this Commission go on record as strongly urging the lifting of the
ban for public housing. And I think we should go with theclout of a resolution
from this Commission taking that positive stand.
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO.75-90
A RESOLUTION EXPRESSING THE CITY OF MIAMI'S OBJECTION
TO THE PRESENT U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S POLICY WHICH PROHIBITS THE CONSTRUCTION
OF FEDERALLY SPONSORED PUBLIC HOUSING IN THE VAST
CENTRAL SECTION OF THE MOST DENSELY POPULATED AREA OF
URBAN DADE COUNTY; AND STRONGLY URGING THAT THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REVISE ITS
POLICY AS TO AIRCRAFT FLYOVER NOISE SO THAT FEDERALLY
FUNDED PUBLIC HOUSING FACILITIES MAY BE CONSTRUCTED IN
THIS AREA WHICH SO URGENTLY IS IN NEED OF SUCH FACILIT-
IES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES; Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES; None,
ABSENT; Mayor Ferre,
944
JAN 231975
cA
cl," 9, APPOINT WI LLIANI LANGER tO MEMBER OF COMMITTEE tO ASSIST EX -OFFENDERS
The following resolution was introduced by Commissioner Gibson, who
'"oved its adoption:
RESOLUTION N0.75-91
A RESOLUTION APPOINTING WILLIAM LANGER TO THE COMMITTEE
TO ASSIST EX -OFFENDERS RELEASED FROM PENAL INSTITUTIONS:
(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. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer,
NOES: None.
ABSENT: Mayor Ferre.
5° BAYFI NT PARK AUDITORIUM
004 40, WAIVE RENTAL FEE - 13T ANNUAL BalLING TOU 1AST OF THE AMERICAS
The following resolution was introduced by Commissioner '.eboso, who
moved its adoption:
RESOLUTION NO.75-92
A RESOLUTION WAIVING THE RENTAL FEE FOR THE
USE OF GULFSTREAM ROOM AT THE BAYFRONT MUN-
ICIPAL AUDITORIUM ON SUNDAY, JULY 13, 1975
AND TUESDAY, JULY 15, 1975, FROM 7:00 TO
11:00 P.M., IN CONNECTION WITH ACTIVITIES OF
THE 13TH ANNUAL BOWLING TOURNAMENT OF THE
AMERICAS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
.9
JAN 231975
cb
WRITE OFF I dCOLLECTIBLE PERSONAL PROPERTY TAXES
The follctting rc,solutiot? 'vac i+?tto!?ucee i,ii CCn . i sionek ^ _ -who
moved its adoption:
RESOLUTION NO.75-93
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
WRITE OFF UNCOLLECTIi3LE CITY OF MIAMI PERSONAL PROP-
ERTY TAXES FROM THE YEARS 1967 THROUGH 1971.
(Here follows body of resolution, omitted here and
oh file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer,
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
c1; 42. CLAIM SETTLEMENT — JOSEPH JANJI
The following resolution was introduced by Cors issioncr nsboso, who
moved its adoption:
RESOLUTION NO.75-94
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JOSEPH JANJI, WITHOUT THE ADMISSION OF LIABIL-
ITY, THE SUM OF $5,000.00 IN FULL AND COMPLETE SETTLE-
MENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEG-
ED PERSONAL INJURIES SUSTAINED BY HIM, UPON THE EXECUT-
ION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
JAN :231975
\1' 43, AWARD DID - PHOTOGRAPHIC FILM, PAPER, CHEMICALS; BATTERIES ETC.
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO.75-95
A RESOLUUTION ACCEPTING THE BID RECEIVED FROM PITMAN
PHOTO, INC, FOR FURNISHING PEOTOGRAPHIC FILM, PAPER,
CHEMICALS, AND BATTERIES FOR THE PERIOD FROM FEBRUARY
1, 1975 TO JANUARY 31, 1976, AS REQUIRED, AT AN ANNUAL
COST OF $12,000.00 FOR USE BY ALL DEPARTMENTS OF THE
CITY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
TO INSTRUCT THE PURCHASING DIVISION TO ISSUE PURCHASE
ORDERS, AS NECESSARY, USING FUNDS BUDGETED FOR THIS
PURPOSE, FROM THE 1974-1975 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: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
44, APPROVE REDESIGN OF EXISTING RIGHT OF WAY - MICAI;CPY AVENUE
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO.75-96
A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI
APPROVING THE RE -DESIGN OF THE EXISTING RIGHT OF
WAY AT THE WESTERLY END OF MICANOPY AVENUE WITH
REFERENCE TO THE LOCATION OF DRIVEWAYS TO GAIN AC-
CESS TO ABUTTING PROPERTIES AND THE LANDSCAPE
TREATMENT WITHIN THE RIGHT OF WAY ADJACENT TO THE
DRIVEWAY AREAS.
(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 and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
JAN 2li 1975
ACQUISITION OF PROPERTY AND RELOCATION OF
V 45, I EGOTIATE AGRE} IT _ INDIVIDUALS TO COMPLETE MRICAN SQUARE
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO.75-97
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED
WITH NEGOTIATIONS FOR AN AGREEMENT FOR THE PURPOSE
OF ACQUIRING PROPERTY AND RELOCATING INDIVIDUALS TO
COMPLETE THE AFTICAN SQUARE tROJECT.
(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 and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
��g1 DRIVE IN TELLER FACILITY LOTS 1,2,3-SHENNIOAH (8-90)
n' y6, CO►�IDITIQJAL USE _ SOUTHEAST NATIONAL BANK OF CORAL WAY
1699 S.W. 22 STREET DRIVE IN AT 169E S.W, 8 STREET
The following resolution was introduces? by Co'"r:issioner Cihson, who
moved its adoption:
RESOLUTION NO.75-98
A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE XI, SECTION 1 (5) (b),
TO PERMIT CONSTRUCTION OF DRIVE -IN -TELLER FACILITY
ON LOTS 1, 2 AND 3, BLOCK 1, SHENANDOAH (8090), LOCAT-
ED AT 1698 S. W. 8TH STREET, IN CONJUNCTION WITH
SOUTHEAST NATIONAL BANK OF CORAL WAY, LOCATED AT
1699 S. W. 22ND STREET, ZONED C-4 (GENERAL COMMERC-
IAL) DISTRICT, SUBJECT TO THE FOLLOWING CONDITIONS:
(1) RELOCATION OF THE PROPOSED FACILITY TO THE EAST
AND REMOVAL OF ONE DRIVE-IN TELLER LANE. THE RE-
DESIGN SHALL BE SUBJECT TO THE APPROVAL OF THE PLAN-
NING DEPARTMENT; (2) THE APPLICANT SHALL FURNISH THE
PROPER GOVERNMENTAL AGENCIES THE PROPER LEGAL DOCU-
MENTS RELEASING ANY AND ALL GOVERNMENTAL AGENCIES
FROM SEVERANCE DAMAGES AND BUSINESS DAMAGES AT THE
TIME THE WEST 60 FEET OF SAID PROPERTY IS TAKEN FOR
RIGHT OF WAY PURPOSES.
(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 and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
JAN 231975
az
0:1)
4/. ClIDOUB ES = DEATH OF ROBERT MORGAN
The following resolution was introduced by Commissioner Reboso, who
Moved its adoption:
RESOLUTION No.75.99
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND CON-
DOLENCES OF THE MAYOR AND COMMISSIONERS OF THE CITY
OF MIAMI AS WELL AS ALL OF THE CITIZENS AND EMPLOYEES
OF THE CITY OF MIAMI TO THE FAMILY OF THE LATE CIVIC
LEADER, ROBERF M. MORGAN, WHOSE UNTIMELY ,'ASSING HAS
DEPRIVED THIS COMMUNITY OF A MOST RESPECTED CITIZEN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , th.? resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None,
ABSENT: Mayor Ferre and Mrs. Gordon.
405
ct' 43, STUDY PROPOSAL OF NEW CITY HALL — MR. SOL "EYERSON
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION N0.75-100
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY ATTORNEY TO ACT AS A COMMITTEE TO STUDY
THE PROPOSAL OF MR. SOL MEYERSON FOR A NEW CITY HALL
FOR THE CITY OF MIAMI; AND FURTHER AUTHORIZING AND DIR-
ECTING THIS COMMITTEE TO STUDY THE PROPOSAL THAT THE
CITY OF MIAMI MAKE AVAILABLE LAND IN THE DOWNTOWN AREA
FOR A CITY HALL TO BE BUILT BY MR. MEYERSON AND LEASED
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 Gibson , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
'9 J
R
JAN 2 31975
49, INCREASE NUMBER OF MEMBERS OF THE YOUTH ADVISORY BOARD
The following resolution was introduced by Commissioner
Reboso, who moved its adoption:
RESOLUTION NO. 75-101
A RESOLUTION INCREASING THE NUMBER OF MEMBERS TO THE
YOUTH ADVISORY BOARD TO A MAXIMUM OF FIFT`l AND ADDING
NEW MEMBERS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
SOUTh FLORIDA COUNCIL POLITICAL SCIENCE
50, RESOLUTION SPONSORING
EXPLORERS POST #250
•
The following resolution was introduced by Commissioner Gibson, who —
moved its adoption:
RESOLUTION NO.75-102
A RESOLUTION ADOPTING SPONSORSHIP OF THE SOUTH FLORIDA
COUNCIL POLITICAL SCIENCE EXPLORERS POST #250 BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Reboso
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
1UQ
the resolution was
JAN 2a 1975
51, ACUTE AGREE 1T MR. RICK SISSER, AS LEGISLATIVE LIAISON REPOENTAX V'E
IN TALLAHASSEE DURING LEGISLATURE SESSIONS
The following resolution was introduced by Commissioner Gibson, who
Moved its adoption:
RESOLUTION NO.75-103
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH MR, RICK
SISSER AS LEGISLATIVE LIAISON REPRESENTATIVE TO REPRE-
SENT THE CITY BEFORE ALL FLORIDA STATE LEGISLATURE SES-
SIONS HELD DURING THE TERM OF THIS AGREEMENT AND AUTHOR-
IZING THE PAYMENT OF $12,000.00 AS A FEE FOR SAID SER-
VICE, PAYABLE IN FOUR (4) MONTHLY INCREMENTS BEGINNING
ON APRIL 1, 1975, AND TRMINATING JULY 1, 1975.
(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: Rev. Gibson, Mr. Reboso and Mr. Plummer.
NOES: None.
ABSENT: Mayor Ferre and Mrs. Gordon.
ADJOURNMENT: THER BEING NO FURTHER BUSINESS TO COME BEFORE
THE LIIY COMMISSkON, THE MEETING WAS ADJOURNED
AT 6:25 O'CLOCK P.M.
ATTEST: H, D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
101
MAURICE A. FERRE
MAYOR
JAN 231975
DOCUMENT
MEETING DATE:
IN
ITEM NO
se
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
1 COMMISSION AGENDA AND CITY CLERK REPORT
0052
2 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. R-75-75 75-75
3 TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHO-
RIZED TO BE RECEIVED THIS DATE UNDER RESOLU-
TION NO. 74-1374
4 AWARDING $225,000 ORANGE BOWL WAREHOUSE RE-
VENUE BONDS, SERIES 1974, OF THE CITY OF MIAMI
R-75-78
R-75-79
75-78
75-79
A MOTION OF INTENT TO APPROVE THE ROUND THE
WORLD FLIGHT BY THE "SPIRIT OF MIAMI '76" TO
PROMOTE THE CITY OF MIAMI AND ITS BICENTEN-
NIAL ACTIVITIES. R-75-S1 75-81
6 GRANTING PERMISSION, AS PROVIDED IN ORDINANCE
NO. 6871, ARTICLE XIII, SECTION 4, TO PERMIT
COFFEE SHOP ADDITION TO EXISTING SHOPPING
PLAZA ON TRACT "A" CENTRAL SHOPPING PLAZA
7 ACCEPTING A BID OF THE EQUITABLE LIFE ASSUR-
ANCE SOCIETY OF THE UNITED STATES.
8 ACCEPTING THE COMPLETED WORK PERFORMED BY AD-
A-LITE ELECTRIC, INC. AT A COST OF $44,907.00
9 ACCEPTING THE BID RECEIVED FROM DIETCRAFT,
INC.
10 PROVIDING FOR THE SALE OF $8,000,000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES
BONDS
11 EXPRESSING THE CITY OF MIAMI'S OBJECTION TO
THE PRESENT U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT'S POLICY.
12 APPOINTING WILLIAM LANGER TO THE COMMITTEE
TO ASSIST EX -OFFENDERS RELEASED FROM PENAL
INSTITUTIONS.
13 WAIVING THE RENTAL FEE FOR THE USE OF GULF-
STREAM ROOM AT THE BAYFRONT MUNICIPAL AUDI-
TORIUM ON JULY 13, 1975
14 AUTHORIZING THE DIRECTOR OF FINANCE TO WRITE
OFF UNCOLLECTIBLE CITY OF MIAMI'PERSONAL
PROPERTY TAXES FROM THE YEARS 1967 THROUGH
1971
R-75-82
R-75-85
R-75-86
R-75-88
75-82
75-85
75-86
75-88
R-75-89 75-89
R-75-90 75-90
R-75-91 75-91
R-75-92 75-92
R-75-93 75-93
a -
DOCUMENTX
15
16
17
18
19
20
21
22
23
24
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JOSEPH JANJI, WITHOUT THE ADMISSION OF LIA-
BILITY, THE SUM OF $5,000.00 IN FULL AND COM-
PLETE SETTLEMENT OF HIS CLAIM AGAINST THE
CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES.
ACCEPTING THE BID RECEIVED FROM PITMAN PHOTO
INC.
CITY OF MIAMI APPROVING THE RE -DESIGN OF THE
EXISITING RIGHT OF WAY AT THE WESTERLY END OF
MICANOPY AVENUE WITH REFERENCE TO THE LOCA-
TION OF DRIVEWAYS TO GAIN ACCESS TO ABUTTING
PROPERTIES.
AUTHORIZING THE CITY MANAGER TO PROCEED. WITH
NEGOTIATIONS FOR AN AGREEMENT FOR THE PURPOSE
OF ACQUIRING PROPERTY AND RELOCATING INDIVIDU
ALS TO COMPLETE THE AFRICAN SQUARE PROJECT.
GRANTING A "CONDITIONAL USE" AS PROVIDED IN
ORDINANCE NO. 6871, ARTICLE XI, SECTION 1 (5)
(b), TO PERMIT CONSTRUCTION OF DRIVE IN TELL-
ER FACILITY ON LOTS 1,2, AND 3, BLOCK 1
SHENANDOAH.
EXPRESSING DEEPEST SYMPATHY AND CONDOLENCES
OF THE MAYOR AND COMMISSIONERS OF THE CITY OF
MIAMI AS WELL AS ALL OF THE CITIZENS AND EM-
PLOYEES OF THE CITY OF MIAMI TO THE FAMILY OF
THE LATE CIVIC LEADER, ROBERT M. MORGAN.
AUTHORIZING THE CITY MANAGER TO ACT AS A
COMMITTEE TO STUDY THE PROPOSAL OF MR. SOL
MEYERSON FOR A NEW CITY HALL FOR THE CITY OF
MIAMI
INCREASING THE NUMBER OF MEMBERS TO THE
YOUTH ADVISORY BOARD TO A MAXIMUM OF FIFTY
AND ADDING NEW MEMBERS.
ADOPTING SPONSORSHIP OF THE SOUTH FLORIDA
COUNCIL POLITICAL SCIENCE EXPLORERS POST
#250 BY THE CITY OF MIAMI
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MR, RICK SISSER AS LEGIS-
LATIVE LIAISON REPRESENTATIVE
G0'1it$rtN
ACTION
R-75-94
R-75-95
R-75-96
R-75-97
R-75-98
R-75-99
R-75-100
R-75-101
R-75-102
R-75-103
RETRIEVAL-
COIJM_NO._._...
75-94
75-95
75-96
75-97
75-98
75-99
75-100
75-101
75-102
75-103
a./