HomeMy WebLinkAboutCC 1974-01-10 MinutesMIAMI
CITY
COMMISSION
INUTES
OF MEETING HELD ON
JANUARY I0, 1974
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G, OWE
ASSISTANT CITY CLERK
giNX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITM NO,
SUBJECT
ORDINANCE OR
RESOLUTION N0. GE NO
4.
5.
6.
7.
8.
9.
10.
CHANGE ZONING CLASSIFICATION
UeaIde and Ruiz Sub.
CLOSE ALLEY- PLAT 0895
LINDSLEY-ALLAPATTAH
CONDITIONAL USE- LOTS 9 & 10
BLOCK 6 - 12TH STREET MANORS
VARIANCE REQUEST -KITCHEN ADDITION LOT 7
BLOCK 1 EVERGREEN LAWNS NO. 2
PARKING ON TOP OF ACCESSORY STRUCTURE
& REQ:o►I FOR CONDITIONAL USE BLOCK 100S
BRICKELL ADD AMD.
REQUEST FOR CONDITIONAL USE- PLANNED UNIT
DEVELOPMENT - KEW GARDENS
CONTINUED HEARING ON CLOSING OF NATOMA ST.
RECEIVE SEALED BIDS -LIBERTY SANITARY SEWER
IMPROVEMENT- PHASE II SR-5377 C&S
CONTINUE DISCUSSION ON PROPOSAL TO CLOSE
NATOMA STREET
CONDITIONAL USE- S.M. CORNER DIXIE HIGHWAY
AND NATOMA STREET REQUEST
11. REQUEST DEPT. TO STUDY PROFESSIONAL OFFICE
USE AS CONDITIONAL USE IN R-4 AREAS
13.
14.
15.
16.
PERSONAL APPEARANCE- NRS.ALICE WAINWRIGHT
RE: POLLUTION:CONTROL
REPORT BY CITY MANAGER ALLEGED ZONING VIOL.
LOTS 7 & 2 NEAR INTERSECTION DARWIN AND
TIGERTAIL
CHANGE ZONING CLASSIFICATIONS FOR CITY OWNED
PR AREAS
BLOOD PLASMA ORDINANCE ETC.
ACCEPT COMPLETED WORK - ORANGE BOWL SPIRAL
RAMP REPAIRS - Phase 2
17. ALLOCATE ♦8,134 8ANITARY SEWER BOND FUND TO
NIAMI DADE WATER & SEWER AUTHORITY-TRACY
18. SOSA TRACT DISCUSSION
19. ACCEPT PLAT - SOSA TRACT 1st ADDITION
20. ACCEPT HIGHWAY RIGHT OF WAY DEED
GREYHOUND LINES
21. RELEASE DADE COUNTY FROM COVENANT
22. ACCEPT REPORT FOR DOWNTOWN ZONING PLAN
AND AUTHORIZE PAYMENT
DISCUSSION
74-1
74-2
DEFERRED
74-3
MOTION
DISCUSSION
MOTION
74-4
MOTION
MOTION
74-5 &
MOTION
1 - 2
3
4 -
6 - 8
9
9
10
10 - 17
17 - 23
23 - 25
25 - 30
DISCUSSED 30
ORDINANCE
no. 8223 30
ORDINANCE
no. 8224 30 - 41
74-6 41
74-7
DEFERRED
74-8
74-9
DEFERRED
74.10
41
42
43
43
44
44 - 45
•
•
MEI
MINUTES \OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, 1 SUBJECT
ortbtNiwc� uR
RE80LUTtON N0,
23. CLAIM SETTLEMENT- MARGUERITE BAKER
24. EMERGENCY PURCHASE -AIR CONDIT.DUCT WORK
25. AWARD BID- 3 MODULE TYPE RESCUE VEHICLES
26- APPOINTMENT TO URBAN DEVELOPMENT REVIEW
BOARD - WILLIE BORROTTO
27. WAIVE RENTAL FEE-BFT.PK.AUDIT.
SAVE HUMANITY ASSN.
28. DECADE OF PROGRESS CONSTRUCTION OF STREETS
IN MIAMI ETC?
29. CLAIM SETTLEMENT - KONOFF, SMITH ETC.
30. AGREEMENT-HOWARD PRICE CO RE: W.PINEMOUNT
SANITARY SEWER ETC.
31. AMUSEMENT RIDE PERMIT -MINISTERS LAYMEN
VOTER REGISTRATION COMMITTEE OF DADE CO.
32. PROPOSED ORDINANCE- INCREASE TO $4,500
MARKET PURCHASES- DISCUSSION ONLY
334 AUTHORIZE MANAGER TO NEGOTIATE CONTRACTS
WITH ADMIN.ASSTS. FOR PERSONNEL
. CONFIRM ELECTED MEMBERS OF THE CIVIL
SERVICE BOARD
35. AUTHORIZE CITY MGR. NEG.WITH UNIV.OF MIAMI
SCHL OF MED RESCUE SUPERVISOR ETC.
36. AMUSEMENT RIDE PERMIT-MIAMI AEROSPACE
ACADEMY
37. INSTALL TEMPORARY BANKING QUARTERS
.AMERICAS BANK
38. NOISE POLLUTION CONTROL DISCUSSION
39. DAY CARE FOR THE ELDERLY
40. CONGRATULATIONS TO THE MIAMI DOLPHINS
41. EXT.INVITATION FOR SUPER BOWL IN 75
42. PERSONAL APPEARANCE- BOB KUNST
43, POINCIANA TREES - ROBERT KUNST
44. DISCUSSION OF BOND ISSUE CONCERNING
POLICE DEPARTMENT
45. DISCUSSION OF PROPOSED ALTERNATES FOR
PLANNING BOARD ETC.
46. RELEASE METRO DADE FROM PARA 11 of COVENANT.
47, REPORTS BY THE CITY ATTORNEY-
:.AOtrslo ars Livens* A Morrison vs CLtw
74-11
74-12
74-13
74-14
74-15
74-16
74-17
74-18
74-19
DISCUSSION
74-20
74-21
74-22
74-23
MOTION
MOTION
MOTION
74-24
74-25
DISCUSSION
DISCUSSION
DISCUSSION
MOTION
74-26
DISCUSSION
(PAGE N0
45
46
46
47 - 48
48
49
49
50
51
51 - 52
52 - 53
53
54
55
55 - 56
56 - 57
57 - 58
58
58
59 - 66
66 - 67
67 - 68
68 - TO
T0A
70A
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO SUBJECT
ORDINANCE OR
• RESOLUTION NO,
PAGE NO.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60'.
61.
62.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
7S,
AWARD BID - CONCRETE POLES FOR MIAMIARINA
RESTAURANT LIGHTING 74-28 71
AWARD BID - BRACKETS, LUMINAIRES, ETC. 74-29 71
AWARD BID- MARINE STAD.STRUCTURAL REPAIRS 74-30 72
AWARD BID - FIRE HOSE 74-31 72
AWARD BID BUNKER EQUIPMENT 74-32 73
AWARD BID - 500 TOTE CONTAINERS 74-33 73.
AWARD BID - FERTILIZERS AND HERBICIDES 74-34 74
AWARD BID - WINDOW CLEANING 74-35 74
AWARD BID - ELEVATOR MAINTENANCE 74-36 75
AWARD BID PEST CONTROL 74-37 75
AWARD BID AMMUNITION 74-38 76
AWARD BID FISH NETTING 74-39 76
AWARD BID MOTORCYCLE JACKETS 74-40 77
CHANGE FIRST MEETING IN FEBRUARY MOTION 77
DISCUSSION OF PROPOSED CONTRACT FOR THE
PURPOSE OF PREPARATION OF ENTRANCE AND
PROMOTIONAL EXAMINATIONS FOR THE POLICE
DEPARTMENT
DISCUSSION 178 99
DISCUSSION OF WIDENING OF SOUTH BAYSHORE DR. DISCUSSION IL00 - 117
URGE CITY OF NORTH MIAMI TO DROP LAWSUIT
RE: SEWAGE FACILITIES 74-41 1 118
PROPOSED FUTURE ORDINANCE CHANGE TO INCLUDE
PROFESSIONAL SOCCER -ORANGE BOWL PARKING PER. MOTION 1 118
REPORT ON STATUS OF COMMUNICATIONS AND INFO -
FM METRO RE RECOMMENDATIONS RELATING TO
MIA AND SURROUNDING PROPERTIES DISCUSSION 1 119
STATUS REPORT ON ESTABLISHMENT OF CITY
MOBILE FIELD COMMAND POST MOTION 1 120
DISCUSSION OF EXTINGUISHING FLAMES AT THE
TORCH OF FRIENDSHIP AND GIRON MONUMENT DISCUSSION 1 120-123
APPOINT COMMISSION APPOINTEES TO THE CIVIL
SERVICE BOARD 74-42 1 123
PARK LAND CONDEMNATION REPORT BY CITY MAN-
AGER AND CITY ATTORNEY DISCUSSION 1 124
PURCHASE RECORDING EQUIPMENT -TRANSCRIBING
EQUIPMENT FOR CITY COMMISSION MEETINGS 74-43 1 124
EXPANSION OF KIRK MUNROE PARK
DCEEOUNSLUQLTANNT SELECTION-MIAMI COMPREHENSIVE
pERiDNATEATPEI��ANCE- MR. RICHARDS
74-44 1 125-126
DISCUSSION
DISCUSSION
126
127-128
•
CITY COMMISSION CITY or MIAMt+ rLoRIDA
MINUTES OF REGULAR MEETING
JANUARY 10, 1974
On the 10th day of January, 1914, the City Commi44.ion of the
City of Miami, Fton2da, met at Lt4 negutan meeting ptaee .in 402d
City to negutan beb4Lon.
The meeting wab Batted to onden at 8:40 O'Ctock A.M. by, Mayon.
Maur iee A. Verne with the Sottow.ing memben4 o d the City Commi.444 on
'Sound to be pte4ent:
Mn. Ftummen.
Mn. Rebobo
Mn.4. Gon.don
Reverend G,ib4 on
Mayon 1enne
An .invocation wab det.i.vened by Reverend G,ib4on who then ted
tho4 a pne4 ent ,in a ptedge o ‘ atteg.iance to the gag.
The following motion was introduced by Reverend Gibson who
moved its adoption:
A MOTION TO WAIVE READING
OF THE MINUTES OF THE PRE-
VIOUS MEETING
Upon being seconded by Mrs. Gordon, the motion was passed and
adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
1. CHANGE ZON ING CLASSIFICATION- UGALDE & RUIZ SUB.
An Attorney representing the applicant appeared and stated some
planning concerning the subject property was still in process and
requested a deferment to February 14, 1974 to which the Commission
agreed.
Mr. George Acton, Director of the Planning Department said he
wished the record to reflect that the Planning Department had com-
pleted its study and was ready with a recommendation to the Commission.
21 CLOSE -VACATE AND ABANDON ALLEY -PLAT #895 LINDSLEY-ALLAPATTAK"
Mr. Storace: My name is Michael Storace, I am the attorney for the
applicant, Lindsley Lumber Company.
Mr. Plummer: Mr. Mayor, this is just a street closure. All they
are doing there is closing the alley that is running. I inspected
it last evening. There is no reason, it will enhance the neighborhood
and it went on a unanimous vote of the Planning Department and the
Planning Board and I will move for approval.
Mayor Ferre: Are there any objectors present?
JAN 141974
•
Mr. Vega: My name is Lysardo Vega, 1 am the owner of the corner at
ltth and 29th street.
Mr. Plummer: The filling station?
Mr. Vega'! It used to be a fillin g station.
t would like to know how its being closed.
Mr. Plummer: This man is not affected because the alley doesn't come
to him at all. The alley does not come to hilt.
Mr. Simpson: If I understand, the alley itt front of his property is
not the one that is being closed.
Mayor Ferre:
He might not understand, I don't know.
Mr. Davis: The north
shaded in yellow from
through that closure,
alley.
south alley is remaining open. Only the area
the T-down to this point is being closed and
they are agreeing to make a return with another
Mr. Plummer: Yes but Dave, its
from 15th Avenue.
Mr. Simpson: Oh no. It's a portion of the alley.
Mr. Plummer: What about behind the church?
Mr. Simpson: No it is not being closed there.
Lindlsey Lumber owns all of the property and they are requesting to
close this portion of the alley.
After further discussion, the following resolution was
introduced by Mr. Plummer who moved its adoption:
RESOLUTION NO. 74-1
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE, THE E-W ALLEY
RUNNING WEST FROM N. W. 15TH AVENUE,— BETWEEN
28TH AND 29TH STREETS, SAID ALLEY FROM MIDDLE
OF BLOCK TO N-S ALLEY IN WILY PORTION OF BLOCK,
PROVIDING RETURN TO N. W. 28TH STREET, ALL IN
ACCORDANCE WITH TENTATIVE PLAT NO. 895,
"LINDSLEY-ALLAPATTAH", SUBJECT TO RELOCATION,
ALTERATION OR INSTALLATION OF ANY UTILITIES
AND EASEMENTS, AND SUBJECT TO RECORDING OF FORMAL
PLAT
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
2 JAN 101974
3, CONDITIONAL ISE - _LOTS 9 & 10BLOCK 6 TWELFTH_ STREET JIAHO tS
Commissioner Gordon and Commissioner Reboso announced they
would abstain from voting on this item and left the Commission
Chambers .
Mr. George Acton, Director of the Planning Department said
the conditional use was recommended by the department.
Mr. Ralph Huegot representing Malaga Development Co. appeared
and stated during the course of construction of a condominium
apartment building, he was approached and asked to investigate
the possibility of its conversion to medical -dental offices.
In response to a question by Commissioner Plummer, the applicant
stated 47 parking spaces would be provided - 2 more than required.
Mr. Acton concurred in the number of parking spaces.
Mr. James Felton, a neighbor and owner of Lot 19 near 41st
Avenue appeared and stated he could not comprehend that 47 parking
spaces could be accomodated on the subject property.
Mr. Plummer inquired if there was a difference between apartment
house and medical office buildings insofar as parking requirements
were concerned.
Mr. David Simpson, Exec.Secty of the Planning Board said the
application had been resubmitted for checking and the square footage
was verified and that the applicant did qualify under the ordinances.
He stated further that there was no variances on this building, and
that the applicant was in excess on the required parking spaces.
Mr. Felton complained about parking problems in the area
particularly as it related to the overflow caused by a bank in the
area and said he was denied the use of his own property for personal
parking at times.
The architect expressed the opinion that worse parking problems
would be generated by an apartment building than by a medical facility
since their hours would be basically 8 to 5.
After further discussion, the following resolution was introduced
by Mr. Plummer who moved its adoption:
RESOLUTION NO. 74-2
A RESOLUTION GRANTING A "CONDITIONAL USE," AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE VIII, SECTION1 (11) (c),
TO PERMIT STRUCTURE LOCATED ON LOTS 9 AND 10, BLOCK 6,
TWELFTH STREET MANORS 3RD SECTION (6-162), LOCATED AT
4011 WEST FLAGLER STREET, TO BE USED FOR DOCTOR'S AND
DENTISTS OFFICE, ZONED R-4 (MEDIUM DENSITY MULTIPLE)
DISTRICT
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Reverend Gibson,
Mr. Plummer and Mayor Ferre. ABSTAINING: Mrs. Gordon and Mr. Reboso.
Mr. Plummer directed that Mr. Ferencik, Director of the Building
Department maintain supervision over this project to make sure that
the required number of parking spaces were indeed provided.
3 JAN101974
a
W
NO, 2.-
21s± AVENUE
1S
Mr. Plummer: I want the Planning Department to tell me how in God's
name you could recommend this?
Mr. Acton: This was platted prior to 1946 and we found a hardship
did exist with respect to the size of the lot.
Mr. Plummer: You are going to let them use the 2nd unit of this
place?
Mr. Acton: No.
Mr. Plummer: That's what I read, it says making a 2nd unit on the
above site. Now how can you recommend such a thing?
Mr. Kloshoff: If I may, yes, you are absolutely correct. This
will become a 2nd unit. It will become a duplex. If I may point
out, I am a building contractor as well and this meets absolutely
every requirement as to Lot setback, Parking, Square Footage and
as a matter of fact, it has more setback than most -
Mr. Plummer: Where is the parking Sir?
Mr. Kloshoff: In the front Sir.
Mr. Plummer: In the front of what?
Mr. Klosohoff: In the front of the building as is normal in R-1
or R-2 situations.
Mr. Plummer: You are talking about on the street?
Mr. Kloshoff: No sir, I am not, I am talking about off-street
in front of the house.
Mr. Plummer: There is a fence up there sir.
Mr. Kloshoff: There is also a driveway -
Mr. Plummer: You are talking about on the side.
Mr. Kloshoff: Yes and there is nothing that says we cannot remove
the fence and add the parking which is what the man is proposing to
do.
Mr. Plummer: Sir, have you seen this house?
Mr. Kloshoff: Yes I have.
Mr. Plummer: And you are telling me you think that would be uplifting
that neighborhood.
Mr. Klosohoff: Yes sir I do. I know Mr. Martin, he works for me.
Mr. Plummer: How old is the front part of that house?
Mr. Kloshoff: I have no idea but would be willing to guess about
15 to 20 years old. He is in the process now of redoing in the
inside, lathing it on the outside and he is going to stucco the
entire structure so it all looks like 1 modern CBS structure.
It has passed termite inspections and certainly is a sound structure.
Mr. Plummer: Mr. Ferencik did they have a permit to do the
construction that presently exists?
JAN 101974
Mr. Perencik: I don't know, I would have to check.
Mr. Plummer: I just don't know how they could have got a permit.
That's the point.
Mr. Simpson: This gentleman can probably answer better about the
permit, but it shows if it was permit, the original construction
was not for the kitchen area. It was for an addition on the rear
of the existing frame and then they went further to add on the
existing kitchen facilities.
Mr. Plummer: Dave that's not the point. The point is that the
thing is just overcrowding that lot and I just don't know how for
the life of me that the planning department could recommend it.
Mr. Kloshoff: Mr. Plummer, if this lot was 4' wider than it is now.
It is presently 36' wide. If it were 4' wider, we wouldn't even
be here because it would meet all requirements and this man would
have gotten his permit through normal procedures.
Now I don't think he shouldbe penalized because sometime in the
past, somebody sold off 4' of his lot and sold him this lot as an
R-3 claiming that he could build a duplex on it and now because of
the 4', having met all other requirements, that he should be penalized.
Rev.Gibson: He bought that lot knowing it was 36'.
What you are saying to us is that we must compound our problem
because of his failure to check.
Mr. Kloshoff: No I am not Rev. Gibson, and I will point out why.
This man doesn't speak english. He has an R-3 lot and very few
os us, yes you because you are a Commissioner and most of the people
here are sophisticated enough to know about lot frontages etc.
He sold the lot years ago and has been trying to better himself and
thinking he could do this.
I contend the mistake was made either when it was originally zoned
or when they were permitted to sell off the square feet but I also
contend that we are talking about something that is so insignificant,
I don't know why we are making such a big deal of it.
If the man had the 4' of frontage and he has a great deal of depth,
and a great deal of square footage. If he had the 4' he wouldn't
even be here.
After further discussion the following motion was introduced
by Mrs. Gordon who moved its adoption:
A MOTION TO DEFER CONSIDERATION OF AN APPLICATION
FOR VARIANCE - LOT 7, BLOCK 1, EVERGREEN LAWNS NO.2
UNTIL INSPECTION IS MADE BY MEMBERS OF THE CITY
COMMISSION TO THE MEETING OF JANUARY 24, 1974
Upon being seconded by Reverend Gibson, the motion was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
JAN 101974
a a
PARKING . ON TOP OE ACCE`` STRUCTURE _ CCaHD L I QHAL,
BLOCK i00-S
USE - . LOTS..1 THRU 4, AND 22 ..THRU 25 BRICKELL. ADD AMD.
Mr. Boyette: My nate is James Boyette Jr., Vice President of 1000
Brickell Inc., petitioners in this matter.
Mr. Plummer: Are there any objectors in this matter?
There was one of record.
Hearing none Mr. Mayor, I will move 7A for approval upholding the
recommendation of the Planning Department and the Planning Board.
Mr. Reboso: Second.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-3
A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN
ORDINANCE NO. 6871, ARTICLE XI-3, SECTION 7 (4)(b)
TO PERMIT PARKING ON TOP OF ACCESSORY PARKING STRUCTURE
ON LOTS 1 THRY 4 AND 22 THRU 25 BLOCK 100S, BRICKELL
ADD AMD (B-113), LOCATED AT 1000 BRICKELL AVENUE,
AS PER PLAN ON FILE IN PLANNING BOARD OFFICE, ZONED
R-CB )RESIDENCE -OFFICE) AND R-C-1(RESIDENCE-OFFICE-
COMMERCIAL) DISTRICTS
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Reboso, Plummer,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: None
Ms. Plummer: 7B with the stipulation subject to the approved
landscaped areas, I will move for approval.
Mr. Boyette: Your Honor, may I discuss the stipulation of that
70' strip in front of the 1000 Brickell Building there?
Mayor Ferre: Are there any objectors present item 7B?
Go ahead.
Mr. Boyette: The building was built when it was an R-C zone.
It's now R-C-B. The property, we are going to build a garage to
the rear of the 1000 Brickell Building. The reason we are adding
is to provide additional parking spaces at a much needed location
and will necessitate giving up 8 spaces.
They have an economic value of approximately $32,000. Properties
within 300' are already developed and they do not have the landscaping
that we have on this particular piece of property. The property
immediately to the north has a parking garage that comes out
underneath the property to the sidewalk line and has no landscaping
other than some little boxes on the top of it.
6
JA I101974
Mr. Plummer: How much landscaping will you have when the new
building is built?
Mr. Boyette: Well the new building will be to the rear of this
and it will be landscaped in accordance with -
Mr. Acton: I don't think Commissioner Plummer exactly understands
what you are trying to tell him.
There is the existing 1000 Building which was built prior to the
new R-C-B '.zoning as were some of the other buildings in the
area, however, when the 1000 Brickell Building was built, they had
parking -that was allowed in front of the building between the
building and Brickell Avenue. Now what he is talking about is that
the Planning Department and the Review Board required him to take
out about 8 parking spaces adjacent to Brickell Avenue to provide
additional beautification.
He is saying that this loss will make him suffer economic damage
etc.
Mr. Plummer: I understand George, but the point I am trying to make
is that the man is trying to provide more parking. Now if he is
trying to provide it and we are trying to take it away, what is
being accomplished?
Mr. Acton: They are providing more than adequate parking for the
1000 Building and perhaps the other building along Miami Avenue
with the parking structure and we felt that since the new ordinance
does allow the department and the review board to do a certain
amount of trade off, that it was better to upgrade the appearance
of the 1000 Brickell Building by requiring additional landscaping.
That existing parking comes to within 5' of the sidewalk.
Now that is not allowed in the new R-CB ordinance.
We felt it is very important to have the area upgraded with land-
scaping whenever possible so we are requiring that he take out
those parking spaces that are located so close to Brickell Avenue
but he will still have parking spaces along the apartment building.
All we are doing is requiring one row of parking to come out but
he can still park in front of the building.
Mr. Boyette: There is a parking garage that is being built in
RC-1 zone. The parking garage itself, the setbacks and everything
else comply with the regulations of RC-1. There is not a 5'setback,
there is a 10' setback and it complies. It's in full compliance
with that. The parking garage is to the rear of the building.
They are asking that the 70' strip in front of here that is currently
parking be removed and landscaped.
Mr. Plummer: That isn't what I understood. I understand 1 row
of parking.
Mr. Boyette: Well its 70'. There is 223' of the total frontage
of the property and part of it, the 2 corners or 25' are now
landscaped and there is a full 5' strip of landscaping'but they are
asking that an additional 70' directly in front of the building be
plowed up and converted to parking, I mean to landscaping.
Mr. Acton: That is correct. Both the 1000 Building and the other
buildings built on South Miami were built before under the old
ordinance and what we are trying to do is introduce those amenities
which would be required by the developer if he were to build under
the existing ordinance.
Mr. Plummer: You are trying to make him comply now with the new
ordinance as he didn't in the old.
You are holding a hammer over the man's head. Okay go ahead, I can
see that. Where is the 70' long, he was talking 20 and you are
talking 70 and now he concurs that it is 70!.
Mr. Boyette: The 70' is directly, this is Brickell Avenue, is
directly in front of the building entrance and with 9' spaces, we
would lose 8 spaces, directly in front of the building where the
visitors have to park.
7
JAN t 41974
•
Mr. Acton: As 1 said before, my answer to the applicant is that
there is mote than sufficient parking to serve those buildings
which are owned by the ”-.applicant. Now the last thing that the
department would ever do is to recommend the elimination of
parking spaces in the area if in fact they were needed to serve
the office development. All we are trying to do is to provide
the simple amenities that we are looking for in the Brickell area.
We are not losing that much parking.
They still have adequate parking.
Mr. Boyette: One of my points is the rest of the area, in other
words the code has been changed but everything within 300' if
you would like to see some pictures of what other people have
versus what we have, we have considerably more now and to ask us
to upgrade ours to a future code when they are not doing this.
Mr. Acton: Those buildings Mr. Boyette were also built under the
old ordinance. You are referring only to one of the structures
at 1000 Brickell Avenue structuring, not referring to the other
building on South Miami Avenue though it doesn't have the type
of amenities which we desired for the area.
Rev. Gibson: Those other people aren't asking us for a thing
this morning. Isn't that true?
Mr. Boyette: That's correct.
Rev. Gibson: You are. You are asking us to do what you cannot do
without our permitting you to do it. Isn't that right?
Mr. Boyette: I am not denying that you have the right to do it
Father Gibson. I am only suggesting that what you are asking me to
do is not a reasonable request.
Its a precedent. It is somewhat self-defeating and also that the
precedent that has been in the past, I believe with the Building
Department, that when you -
Mr. Plummer: Mr. Boyette, can I stop you Sir, because I didn't
:.00k at this property this way.
r want to go back and personally look at this thing. Is 2 weeks
going to be too much of a hurt to you?
Mr. Boyette: No, but I will say that I have pictures of the entire
area.
Mr. Plummer: I want to go look at that 70' in question because I
didn't even think it was any point but obviously they are making
a strong point and let me go back and look at the thing.
Mayor Ferre: There is a request for deferral to the 24th.
Is there further discussion, call the roll. 7B-call the roll.
A MOTION TO DEFER CONSIDERATION FOR CONDITIONAL USE AS
HEREIN DESCRIBED TO THE MEETING OF JANUARY 24. 1974 TO
ALLOW TIME FOR THE MEMBERS OF THE CITY COMMISSION TO
INSPECT THE SUBJECT PROPERTY
8 JAN 1.01974
+ i
JEWEIT...FOR,,.CONDITIONAL USE .._- PLANNED .MIT .D. LOPMEN
CAI;
Mr. Martinez: 1 live at 1811 N. W. 18 Terrace, 1 am one of the
owners of the subject lot.
Mayor Ferre: Are there any objectors present? Would you please
stand up.
Mr. Martinez, as you speak to this Commission, you keep in mind
that all these ladies and gentlemen that are standing up are
objectors and they want an explanation, so as you address us, keep
in mind trying to answer their questions.
Mr. Martinez said he had a large family living in the Miami area
and wanted to construct a 5-unit building to house the entire family.
He said the original plan called for 6 units and that he wanted to
proceed under a Planned Unit Development.
Mr. George Acton, Director of the Planning Department appeared
and stated he had reviewed the plan and adjusted the plan for setback
of the buildings on the site.
The following persons, neighbors and property owners in the area
appeared in objection:
Mrs. Helen Rupman
Angela Cole
Jasper Andre
After considerable discussion, the following motion was introduced
by Mrs. Gordon who moved its adoption:
A MOTION TO OVERRULE THE PLANNING BOARD AND THE
PLANNING DEPARTMENT AND DENY THE REQUEST TO
PERMIT CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT
ON LOT 4, BLOCK 7, KEW GARDENS
Upon being seconded by Mr. Plummer, the motion was passed and
adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
7, CONTINUED HEARING ON CLOSING OF NATOMA STREET TO VEHICULAR TRAFFIC
At this time the Commission took up the matter of closing
of Natoma Street.
Mr. Dan Cavanaugh representing- the neighbors in the area
appeared.
Mr. Harvey Reiseman, Attorney at Law, appeared representing
Coconut Grove Square Inc.
It was determined that a large delegation of neighbors were
present in connection with this matter.
Mayor Ferre explained the matter had been previously deferred
because Reverend Gibson had requested time to inspect the area.
The matter was temporarily deferred because of bids to be
received by the Commission at 10:00 A.M. sharp.
9
JAN 101974
• •
CEI VED SEALED $IDS. -LIBERTY SANITARIL SEMER IMPROVEMENT
PHASE It _- SR 5377-C (CENTERLINE min) AND SR-5377-S
(stDELuNE.. SEWER)
The Mayor announced the Commission was now ready to receive
sealed bids at 10:00 O'Clock A.M. for the improvement described
above.
The Acting City Clerk announced it was 10:00 A.M. and asked
if there were any other bidders.
Bids were received from the following firms:
INMAN GTF, Pompano Beach, Florida
INTERCOUNTY CONSTRUCTION CORPORATION
Ft. Lauderdale
SULLIVAN, LONG AND HAGERTY
Birmingham, Alabama
PAUL N. HOWARD COMPANY
Greensboro, North Carolina
GREENFIELD CONSTRUCTION CO. INC.
Livonia, Michigan
GOODWIN INC.
Miami, Florida
$4,680,618.00
$3,846,469.50
$4,085,261.25
$4,788.618.00
$4,746.098.50
$4,691,630.75
The bids were then turned over to the City Manager for
tabulation.
9 , CONTINUE DISCUSSION OF PROPOSAL TO CLOSE NATOMA STREET TO
VEHICULAR TRAFFIC
Mr. keiseman: I think Mr. Plummer put this in perspective when he
indicated that the objections , the reasons for wanting Natoma
closed and principally because it is a traffic hazard.
There have been assertions of accidents in the area, that there is
traffic in the area that would be better off of it and for this
reason, the residents want it closed.
I would like to say that I have with me a petition signed by
44 people, 30 of whom live north of Dixie Highway, 14 of whom live
south of Dixie Highway in the same area as I think most of these
folks do, all of them in opposition to the closing of Natoma and I
would submit them to the Clerk in evidence in this matter.
The area you see in this photograph is the area occupied by the
office building owned by my client and just about in a state of
completion. It is located just west of the intersection of Natoma
and Dixie Highway. all the the area south of the highway is
a very lovely residential area. The problem with this building is
access to it and egress from it for parking. The building const-
ITUTES about 50,000 square feet. It is built on property that has
been zoned for such a building for approximately 8 years.
My client who owns and built this building did not seek the zoning
on the property but bought it to use for this purpose after it had
been zoned some years for that purpose. He held it for a couple of
years and built this building finally without seeking any variances
of any kind. It complies in every way with the City of Miami and the
South Florida Building Codes. In order to allow access to this
building, an acceleration lane was permitted to be built in front of
the building adjacent to Dixie Highway so the traffic traveling east
on Dixie Highway toward downtown could get into this de -acceleration
lane to curve around the building and park somewhere in the parking
lot provided.
JAN 101974
I CI
To leave the building, it is necessary to go around to the west
side of the building, get into that acceleration lane and move
out into Dixie Highway in an easterly direction. Now what is the
problem with the closing of Natoma?
There is no problem whatever in gaining access to this building
coming from the west toward downtown because you get into the lane I
have just described and you are in the building. The problem that is
involved either in leaving the building to go to the west or in coming
into the building from downtown. Here is what is necessary to do it.
At present, traffic coming west from downtown can drive west on
Dixie Highway until it reaches Natoma. Turn left, go over to
Sacave Street, turn right onto Dixie Highway and by going around the
block, get into the building.
If Natoma Street is closed, here are the alternatives.
I think alternttives that all of. the proponents here of the closing
have thought of. Traffic will either be able to turn left on 17th
Avenue and seek a way through to 22` Avenue. I am sure that many
of those that will seek a way through to 22 Avenue will drive through
these residential streets, Nocatee, etc, that these folks who are
for the closing of Natoma want the traffic to be off of. They have
got to go on those streets. Assuming that some of them know the
area well enough to go all the way to Tigertail, they would never-
theless have to seek their way north again and end up on Sacovy
in order to get to 22 Avenue to Dixie Highway. The only people who
would be benefiting are those who live on the portion of Natoma
between Dixie Highway where it is supposed to be closed, for 1-block.
Another alternative is for traffic to go down to 19th Avenue
which is the equivalent of Natoma on the north side of the Street
but instead of turning left into it as they do now, they would turn
right and those people would have to find their way to 22 Avenue
and they would have to do it by driving down one of these streets
that run approximately parallel to Dixie Highway north of it.
This first one is 26th Terrace S.W. or 25th Terrace. This is also
a residential neighborhood and many of the persons who signed the
petition in opposition to the closing of Natoma, live over here.
They feel too that they have a right not to have additional traffic
poured into their neighborhood. They feel too that all of the
reasons that exist on the part of these who are proponents for the
closing, on the south side, apply to them as well on the north
side. All of those on the 2nd petition in opposition, about 14
names and the number was limited by the time we had and it was
relatively limited, are from the people who live in the streets
back in the south area who feel that if Natoma is closed, and the
alternative routes of 17th Avenue are selected, that it will bring
traffic onto their streets that is not presently brought there.
That is the nature of the problem. There is no simple solution to
this problem that is going to satisfy everybody. There is no
question about it. I have been asked in anticipation of some of the
things that might be said, why didn't somebody think about this
5 years ago. Well, if there is an answer to that, it's too late
to answer it now in any event. We are here today, the problem
exists today. The houses are there. The residents live there and
the building is built properly and in the way it was able to be
built. It's nearly ready to be opened and it needs to be able to
have access to it. That is fair and reasonable.
I might point out to you that this lot on the corner and in
connection with which we are seeking a conditional use which you
asked me not to go into at this moment, is presently zoned R-1.
If the conditional use for access to that lot is denied, it
would be necessary to develop those lots in 2 single family
residences. Inasmuch as we own them, we represent 2/3 of the owners
of single family residences between Dixie Highway and Sacovy.
I don't want to get into the 2nd problem but let me get into a
reference I can't help but make now and it is this. As I pointed
out a moment ago, there is not an answer to this that will satisfy
everybody at all but Mr. Mayor, you made a suggestion a couple of
weeks ago, that several of us have digested and turned over in our
minds since then and Mr. Cavanaugh made a reference a few moments
ago.. He said I would say it and I will.
It was suggested by you Mr. Mayor that perhaps consideration be
given to the closing of Natoma at a point just south of the entrance
to Dixie Highway and access be permitted to this corner lot solely
to go into the parking lot for my clients office building.
1.
JAN 101974
Again, the objections to the closing of Natoma by whose who
objected, remain the same but some of the problems would be
relieved, at least the problem of traffic that is associated
solely and specifically with this building, coming from downtown
Miami.
1'11 rest at this point.
Mayor Ferre: You took, 15 minutes on that and I would like to hold
the others to the same amount of time, otherwise we are 2 hours
behind schedule.
Mr. Cavanaugh: This is one of Miami's oldest and best neighborhoods
we are dealing with today, that area from 17th Avenue to Natoma and
from U. S. 1 to Tigertail. It has an attractive irregular street
pattern. The homes in that area are some of the oldest homes in
Miami and also has a lot of new homes. It has expensive homes and
it has inexpensive homes. It's one of our best, most stable
neighborhoods in the City.
The residents for years have wanted to close that intersection at
U.S. 1 and Natoma because it serves no other purpose than to bring
unwanted traffic into that neighborhood where the streets are
narrow and where the traffic is not related to the residents
themselves. With that preamble, I am going to ask the residents
who live in the neighborhood to come up and address themselves
to the question of the street closing and then we will get to the
question of the parking on the corner lot which the residents are
strongly opposed to.
Mr. Plummer: Mr. Cavanaugh, I am hoping as I said before . If the
neighbors only objection is that of a traffic hazard, that they
will just let it rest. If they have something other to say than a
traffic hazard, I think we are more than willing to listen but I
don't think I have heard from any of the neighbors who expressed
one thing than the hazard. I hope with that in mind, we will keep
it to that point.
Mayor Ferre: The chair is going to rule this way. I am going to rule
out of order anyone that speaks on the traffic hazard. We have
gone over that amply at the last meeting so if you have something
to say, other than traffic hazard, then we will listen to you.
Dr. Allen: Dr. Theresa Allen is my name, I wanted to suggest that
perhaps the simplest solution for access and egress to the office
building that will affect neither the residents to the north or to
the south is to make a recommendation to allow them direct access
to the office building from South Dixie Highway at a traffic light
Mayor Ferre: We can't do that.
Mr. Plummer: Well of course Mr. Mayor, that speaks to Item #10
rather than 9.
Mayor Ferre: It affects 9 too in a way.
Dr. Allen: As Mr. Reiseman has told me, this would be denied by the
Dade County Traffic Commission but if the recommendation came from
the City Commission, then perhaps they would reconsider this because
any other solution will only increase the traffic hazard-
Mayor Ferre: Dr. Allen, you see the problem is they can't be influenced
by whatever a political body recommends. They have got to go strictly
on the merits of traffic hazards created by going directly from a
highly congested high speed like U.S. #1 directly into an office
building.
Dr. Allen: Yes but this is what will happen should all the traffic
be routed down Natoma as well and it would create the same traffic
hazard and situation that the Dade County Traffic Commission wishes
to avoid by having direct access into the office building.
12
JAN j01974
Mayor Ferre: Anybody else?
Dr. George: Dr. William M. George, we are talking about accidents
and I have a report of the accidents for 1973 on one corner.
I won't go into all of them but I want to mention that 6 of them
were rear end collisions of cars traveling on south dixie
heading toward town and turning right on Natoma , they cause
the cars behind them to slow down.
Now with this new office building, Mr. Reiseman wants to get around
there and there will be a lot more traffic, more cars going down and
a lot more accidents.
In 1973 in the past month, there were 2 accidents. There was one
accident and I have pictures and I went out and was all covered
with blood after the first day after the rescue squad came and
everything was under control, then I took pictures. I am tired of
people knocking on my doors all the time because there are so many
accidents there.
Mayor Ferre: Now Dr. George, I see your point. I just want to
mention this fact. The building exists. Whether we like it or not
and I don't want to bias anybody's opinion, it has nothing to do with
this case but I personally don't like the building. But that is my
personal opinion but the building exists and whether I like it or
you like the building or not, people are going to be driving into
that building to use it, there is 50,000 sq.ft. of office building.
Dr. George: That's true. I just don't know if its worth it to have
that many more accidents.
Mayor Ferre: I am just saying, the building exists and somehow we
have to get into it from U.S.1.
Dr. George: The building is there and if they use Natoma Street
to get to the building as Mr. Reiseman says, there is going to be
more accidents. There are many accidents not marked on the police
record I am sure.
This petition here that was originally circulated has many more
signatures than the one he got.
Mr. Cavanaugh: In reference to the fact that the building exists
it certainly does and nobody objects to the developer there doing
the best he can however this Commission is the keeper of the
welfare of this City and you have it within your power to make
policy decisions.
Mayor Ferre: We know that Mr. Cavanaugh. All right, who else has
to speak on this on something other than has been mentioned.
Ms. Doss: My husband I live at 268o Natoma. Throughout all the
hearings etc. Mr. Reiseman has been claiming that his client has
built the building relying on the fact that Natoma has been and
should be, an open street available to Dixie Highway and that any
change in the status of the street would be a detriment to his
building.
Well our argument is that we have built our homes, lots are zoned
single family. This was a, woods for our children and friends to
play in. We relied on that zoning. The owner of the lot had
requested a change in zoning and we were told that this would be
in the best interests of the community. If we can accept a change
for the best interests of our community, why cannot Mr. Reiseman
with the closing of Natoma?
On the Nov. 19 zoning hearing, hundreds of us from the neighborhood
heard Mr. Reiseman go on record saying he was all for keeping the
integrity of our neighborhood and that quote, there would be no
egress or ingress onto Natoma from his parking lot or from his
building. Now suddenly you hear endless arguments that Natoma is
crucial to the success of his building and to avoiding a parking
problem.
Mr. Reiseman goes again and again describing how beautiful
Coconut Grove Square is, how valuable it would be as an additionf
to our community bringing in lawyers and doctors etc. performing a
great community service. Today he argues that people coming south
on Dixie Highway will not come to his building and that it will be
a loss etc.
13
JAN101974
If the doctors and lawyers in this building are so good, why would
people be that inconvenienced by travelling to 17th Avenue to 22
avenue to approach this building. It seems to me a slight inconven-
ience would be worth the talent that will exist in this building.
I think the greatest issue and point here is the safety of our
children and the integrity of our neighborhood and all we are asking
is that by using S. W. 17th Avenue and S. W. 22nd Avenue which are
major thoroughfares, instead of Natoma, that our neighborhood and
our safety would be insured, thank you.
Mayor Perre: I don't mean in any way to be offensive to you and
that was a very nice statement you made and I know you took great
pains in writing it but we are 2 hours behind schedule and with all
due respects, I would ask the rest of you, that statement didn't
really add a thing to what has already been said. It has been said
before in a different way and I would very respectfully ask you to
hold your comments to something that is new or might have an impact
on this that hasn't been said.
Ms. Dawson: I just have one comment and I don't mean to be disres-
pectful. I have gone to several meetings and I have heard and
written down Mr. Reisemen's arguments and I believe these have been
his arguments which I have been trying to refute.
Mayor Ferre: Thank you. All right go ahead -
Mr. Reilly: My name is Rick Reilly. To close Natoma Street,
looking at a map toward town you have Taluga Street built the same
way. The left turn lane is already there. That's even worse to
come out. There is no way you can see a car coming out unless
its half in the street. If you close the 2 streets, fine, how the
people are going to get there without going through the neighborhoods
around and around.
Is in feasible to be suited to their purpose to put a left turn
lane going south on U.S.1? You would have to build it for egress
to go in and out.
Mayor Ferre: Never get it. The traffic would never permit it.
Mr. Reilly: Its the only solution I could think of that would
solve all of this.
Mr. Mark: My name is Bryan Mark, I live at 2797 Crystal Court.
I only want to address the Commission on 2 points. First, the
arguments Mr. Reiseman has gone to, how people will turn on 17th
Avenue or turn onto Caluga or Natoma to get to the building but
I think that if the streets are closed off, that the natural
inclination will be to go to 22nd Avenue and work their way back
up north on Dixie Highway and I think the Commission should consider
this rather than people threading their way through winding streets
to get to a building that they would have to go to 22nd Avenue
anyway.
Mayor Ferre: Repeat that again because you said north on 22nd-
Mr. Mark: People are coming south on Dixie have to make a left turn -
to go to 17th Avenue, most of the methods of getting to the building
from turning on 17th would be to go to 22nd Avenue. It would be just
as reasonable for people to go to 22nd Avenue and make a left turn
and finding a way of turning around and coming back up onto Dixie
especially if they are on a major thoroughfare. Otherwise they
are going to cut through the neighborhood and I don't think that
is going to be reasonablefor anybody coming a 2nd time.
JAN 101974
•
The 2nd point is the partial solution that was suggested by
Mr. Reiseman of having people come in the Natoma entrance and
then turning into a parking area in the building by going through
1 of the lots. f think that already addresses the second point
and goes to all the arguments since that and possibly if there is
going to be a consideration in #9, it should be brought up first
and argued first. Thank you.
Mayor Ferre: I know its important to all of you but in about 5
minutes, I am going to cut off discussion so else has to say
something?
Mrs. Swift: My name is Julie Swift. Mr. Mayor, no disrespect is
intended, I live at 1890 Waukena Drive. We are the ones that
would be most affected by either item 9 or 10.
0n the map you can see that Natoma goes right off and borders on
Wakeena and that is exactly where I live.
Now, I would like to question the petition that has been circulated,
first of all, I am a homeowner. When I asked the lady who was
circulating the petition where she lived in the area, she doesn't
live there. She lives in Key Biscayne. She is not a resident
and when we are addressing ourselves to the traffic problem ,
to the safety of our children. We are talking as homeowners and
residents and as voters from that area. I would just like to say
that I hope that is considered in the Commission's decision
because its not just a question of presenting a petition.
Mr. Reiseman said the petition affected the people accross from
Dixie. The ones most affected I think you can see are the ones
on our side of the street.
As a petitioner and a homeowner, I hope you will just consider this
and alleviate any kinds of threats of excess traffic. Thank you.
Mayor Ferre: Anyone else?
Mr. Reiseman: I think the thrust of the major responses are that
people who live in that neighborhood, built their houses long ago
in reliance upon that kind of zoning. I might point out too that
Mr. Vals bought his property with that kind of zoning and in reliance
upon access to his building, not necessarily directly through the
lot as one lady pointed out. That was a thought that came to us
after by your suggestion but rather, without having to go blocks
out of the way, in order to make easy trip around the block.
Mr. Vdls relied upon that. Someone said the natural inclination
is not to do the things I suggested, but to go to 22nd Avenue and
quote "work their way back" unquote. I would submit to you that to
go to 22nd Avenue and work your way back would require the making of
a U-turn at the corner of 22nd and Dixie Highway. Something I think
the authorities would probably frown on. It's something that would
result in a much greater number of accidents of greater severity
because of the high speed traffic on Dixie Highway.
In the alternative, traffic would have to turn left at 22nd Avenue
and it would mean that in order to turn around again, you would
probably have to turn into Secovy in order to turn into somebody's
driveway or make a u-turn in the middle of that small street.
Last, Mrs. Swift questioned the residence of the lady who brought
around the petition. She was the daughter of the owner of this
property and more important than the residence of the person who
Mayor Ferre: That is not germaine.
Mrs. Swift: I beg your pardon but she said she is not the daughter
of the owner. The daughter of 2 people that are renting -
Mayor Ferre: Mrs. , Swift whethershe is the daughter -
Mrs. Swift: The petition was that she said you had it Mr. Reiseman.
Mayor Ferre: Obviously she was sent there by Mr. Reiseman. There
is no question about that.
Mayor Ferret He obviously had someone gathering petitions. That
is his right as the attorney for the, there is nothing. We are
not hiding anything.
Unintelligible conversation from a member of the audience.
Mr. keiseman: The 44 people who signed that petition all live in
that neighborhood and finally -
Mayor Ferre: Mrs. Swift, I won't recognize you. Sit down now.
Mr. Reiseman: It's important to us Mr. Mayor that we not be denied '
access to a street which allows access to our property and be denied
access to the lot that would make reaching that building, easier.
Mayor Ferre: I won't recognize anybody from the public now. This
is just a Commission discussion at this point and I would like to
go back and see if I understand. The people who want the street
closed want it closed as Commissioner Plummer stated, it is a
traffic hazard with conditions in their neighborhood and they are
interested in keeping this a residential neighborhood, is that
correct? That really sums it up.
Now Mr. Reiseman's clients have a building they didn't get any
variances on, that was zoned that way and they put up an office
building. As I have stated, I think it is unfortunate for many
reasons but its there.
They need to get access to it and there is a lot of traffic
problems involved in it.
Mr. Acton, can we achieve or accomplish both of these things by -
the point is, where do you close off the street?
If you close it off S0' down or 100' down so that they are permitted
instead of -coming right off U.S.#1, so they can get off U.S.1.
Would that accomplish both purposes with the exception of that
one house on the corner which unfortunately is your house Dr.
George. Do you follow me?
Mr. Acton: I understand what you are saying. To do that, you
must also consider the next item and that is allowing the applicant
the use of that property for off-street parking for ingress and
egress to the office building. You are getting ahead of yourself
but I understand what you are saying.
Mayor Ferre: Let's do it this way. Now suppose we vote either to
close or not to close the street at this point on Item 9 and at
what juncture we close it off, we will decide on item 10.
Is there a motion on Item #9? This is on the matter of the closing
of Natoma Street south of Dixie Highway.
Mrs.Gordon: Mr. Mayor -
Mr. Plummer: Mr. Mayor, I will offer the motion with only one concern
that I have. It should be closed, there is no question about it.
If we close this off and rightfully so, I am scared that we are
going to be hearing from the people on 24th Avenue because my
personal thinking is that is where the traffic is going to do.
It's going to have to go to 24th avenue, make a left turn, come
back to 22nd, come back to this building .
There is just no solution. The only thing I think is reasonable
to the neighborhood, it is a problem and I can see Taluga is going
to be the next one because its bad but Mr. Mayor it needs to be
closed and I will move to close.
Mrs. Gordon: Seconded with a comment. I have lived in that area
for a long time. It would be a shortcut for me to come down Natoma
because we live S.Ely on the bay at the corner of Natoma practically.
I don't go there because its too dangerous to cut accross the highway
at Natoma and I would prefer being safe rather than sorry so I turn
on 17th or 22nd where there is a light so I second your motion
Mr. Plummer because I think it is long overdue and that this action
could have been taken several years ago and should have.
16
JINf0IOU
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-4
A RESOLUTION CLOSING THE INTERSECTION OP NATOMA
STREET AT SOUTH DIXIE HIGHWAY TO VEHICLUAR TRAFFIC
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
On Roll call and in casting his YES vote, Commissioner Reboso
expressed the opinion that the persons who signed Mr. Reiseman's
petition were not present and apparently were not too worried about
the traffic.
10. CONDITIONAL USE - S,W. CORNER DIXIE HIGHWAY AND NATOMA STREET
Mr. Plummer: My problem is that if they don't have sufficient
parking, then the parking is going to go on the back streets and
I want you all to address yourselves to that when you do.
Mr. Cavanaugh: I'll address myself to that right now. Your City
of Miami Ordinance told this gentleman how many parking spots to
put there when he built this building. He constructed that many
parking spots and if there are not enough, the trouble is in your
city ordinance and you shouldn't solve the problem of the ordinance
by dumping the excess parking into a residential neighborhood.
Mr. Plummer: Well Mr. Cavanaugh, that was the thing that I just
addressed to the neighbors, that this man is trying to provide
more off-street parking. Now I'm not saying which way I am voting.
I am saying that here this man is willing to spend more money to
provide it and if you deny it, if you deny it, then I'm sorry so I
just want you to address that paint, that he is trying to provide -
He has complied ail with the ordinance -
Mr. Cavanaugh: That's a risk the neighbors are willing to take.
Mr. Plummer: Okay now you are speaking for your client. Now I
want them all when they address themselves, to address that point
because I don't want to come back 4 months from now or 6 months from
now asking me to close off some more streets because the traffic is
spilling over. I just ask that that be addressed.
Mr. Reiseman: Mr. Mayor and members of the Commission, for purposes
of the record, I must repeat some of what went before although I will
try to minimize it.
The subject property is located at the intersection of Natoma and
South Dixie Highway. It is on an existing RC -A zone.
The building of which we have spoken is an office building of about
S0,000 square feet is in a state of near completion and has been
provided with all of the parking spaces required under the City of
Miami ordinances.
The subject property on which we are here today is not the subject
of a request for rezoning but rather a request for a conditional use.
Leaving the R-1 Zone as is, but permitting us to use it in connection
with the office building use for additional parking is located
immediately east of the building on Dixie Highway.
17
JA N 3 0 1974
•
There was a map. Its the lot shown in yellow and the building is
the lot shown in blue.
The Planning Department's recommendation for denial before the
Planning Board reads as follows: It says:
The existing site is now a remnant of what was once a natural hammock
provides a much needed buffer to the immediate neighborhood.
For reason of alleviating added traffic to and from the area, thats
#1. #2 preserving the landscape and #3 off -setting other
intrusive elements to the privacy of residents, whatever that means.
The Department recommends denial.
I would submit that the plan of this developer and this applicant
today and the request of this applicant today, is different from the
usual request we have in connection with office building parking.
Usually the request you have is for a variance permit less parking,
not more. Today we seek one for the purpose of permitting more
parking. The thrust of the desire is to meet exactly that what
Commissioner Plummer referred to a moment ago.
This building with 50,000 sq.ft., there will be many people occupying
it. There will be many people coming to it. Clients, patients and
business associates of those who occupy the building.
No one no matter how well intended, has any control over the traffic
habits of those people. We can't control the way they get to the
building. The route they take, or where it is they park.
We are concerned that some of them may well park if there is not space
in this lot, in the only other places they can park and that is in
front of the residential homes surrounding this area.
Mrs. Gordon: How would they get to your. building? They have got to
cross private property or go all the way around to 17th avenue or
whatever -
Mr. Reiseman: Mrs. Gordon, They do not have to cross private property
because this property is ours which borders on Natoma. It's not
private. It belongs to us or they could get access to it on the
sidewalk and we would be compelled to build on Dixie Highway.
There is a sidewalk here as well.
Mayor Ferre: We are almost an hour on this so let's move on.
Mr. Reiseman: The request is to permit the building of 41 parking
spaces on this lot. There will be more trees based upon the
landscape plan that has been proposed in connection with this parking
lot. On that lot when it is completed, than there are now.
I would submit to you and ask that they be placed as exhibits in the
file, these 8 pictures taken late yesterday which are views of the
building and from the building at Natoma through this empty lot.
Now I read the Planning Department recommendation -
Mayor Ferre: Now Harvey, I want to make a, we have some people who
have been waiting here from all over the country to speak on a 10
o'clock item and I want to say that at 11 o'clock, I am going to
listen to Mrs. Wainwright and Mr. Baljet and Garrett Sloan on a
sewage problem that we have and is very important matter of great
impact so its now h to 11.
Mr. Cavanaugh: Does that mean you are going to conclude this item?
In that case, the applicant has been speaking a little less then
10 minutes if you want to divide the time evenly.
Mr. Reisemen: Making reference to the Planning Department recomm-
endation, it's thrust is that this lot and the landscaping on it,
the trees that were on it constituted some sort of a buffer from
the neighborhood around it and I submit to you that the facts and
those pictures do not support that assertion.
There is no such natural buffer there now. What would happen is,
if we were permitted the use of this lot for this purpose is that
we would build a wall, we would plant a hedge, we would plant trees,
we would provide sufficient beautiful landscaping in order to provide
a genuine buffer from Dixie Highway back into the residential
neighborhood behind.
•
Lady and gentleman, this building needs this consideration.
Mr. Vals is a resident and citizen of this community as well. He
is a taxpayer of this community as well. He doesn't want to benefit
at the expense of the community in which he is part of it.
He wants the entire community to benefit. He needs this opportunity.
We hope you will grant it to him.
Mr. Cavanaugh: As you know, the residents are strongly opposed
to having introduced into their neighborhood, what is essentially a
commercial use, that is a parking lot that would bring automobiles
noise, exhaust, eliminate the natural hammock that is there, lights
and all of those unattractive aspects of a parking lot in a residen-
tial neighborhood. It will affect not only the building to which
it's adjacent, but also the residents along Natoma, Waukeena,
Hispanola etc. He is asking that you put a parking lot practically
right up against them.
As I mentioned a moment ago, it's one of Miami's best and oldest
neighborhoods. The Planning Department has recommended against it.
The Planning Board heard this matter thoroughly and voted 8 to 1
against it. I recommend that this Commission preserve the neighbor-
hood and the Commission vote against it and now the neighbors who
live there would like to be heard.
Mayor Ferre: All right. Dr, briefly please.
Dr. Allen: I would like to bring up a point which I don't think has
been discussed before.
How do they propose that any pedestrian or bicycle traffic is going
to get to this office building or people who come on the bus from
either 22nd Avenue or 17th Avenue bus other than by walking accross
or down, South dixie highway where there is no traffic light.
I think this is one thing they haven't considered. They don't own
the lot on the 22nd side and there is no way to get to the office
building by walking or bicycling from there without walking in
the traffic and I think this is rather hazardous to life and limb
for anyone not driving to this building and in the fact of the
growing energy crisis, we know that people will be relying a lot
less on their cars so we need less parking anyway and they will
have to make something for the pedestrians and I think this shows a
lack of foresight in not considering this on their part and they want
to encroach on our neighborhood because of this lack of foresight and
I think this also ought to be taken into consideration that there is
no access other than vehicular traffic .
Ms. Batwilly: I am Janet Batwilly, 2025 Sacovy Street.
I urge you to take the advice of the professional planners. Our
professional planners since all of us in the City of Miami sort of
feel like we have an interest in them. Please don't let them make
that into a parking lot. I am sorry that Mrs. Rosebraugh made a
presentation at the Zoning Board on this matter isn't here. She
lives on Hispanola Street and is a professional landscape designer
and a horticulturalist. She has gone in and documented the trees
that are on that property. Of course, a lot of them have been mowed
down in the meantime and it is presently apparently being used as a
parking lot by the workmen who are working on the building but there
are some lovely trees. The hammock, a good part of it does remain
and we do not want that to turn into a parking lot. It was R-1
when the man bought it. It ought to remain R-1. THANK YOU.
Unidentified Man: First I would like to address myself to Mr. Plummer's
question as to the off-street parking that may come into the neighborhoo.-
without this additional space. I think it is significant to note that
since Natoma is voted to be closed off, its going to be difficult for
cars to come into the neighborhood to park to go to the building.
Secondly, as to the trees that Mr. Reiseman says will be added to the
property. I don't know what the size of the trees are or the type of
planting being planned by the landscape architects and the builder
but I don't think it could ever touch what is there now.
As an R-1 lot, for building 2 homes on the property which is the
alternate if this is denied, there is a tree ordinance in the City of
Miami affecting these lots which will allow the beautiful trees on
the property to remain. Thank you.
19
JAN 101974
MR. Baker: My name is John A. Baker, I believe I am the oldest
resident of this particular area. I live on Opechee Drive.
I have been to every one of these meetings and I am im pressed with
several things. In the first place, the first petitioner went
around to the neighborhood emphasized that there never was to be
ingress or egress and this is rather a worthless procedure if there
never is any and that's what their petition calls for.
Secondly, we have heard about the beauty of it, about the beauty of
its being a Hammock etc. There are city ordinances pertaining to
trees. The contempt which has been shown by the opposition here
with their bulldozers and everything. There are a very few trees
there this morning, I came by it and hardly a tree and plenty of
cars already parked onthe leveled off .area. That is this morning.
We have been told there is going to be beautiful landcaping.
Now unless you determine this today for sure and vote against it,
I would like to suggest that the Commission see those trees and
defer their final judgment after seeing the landscaping which will
re-establish the screen which we once had there and continue the
lack of ingress and egress. But just a promise - I don't think there
has been a kept promise by the opposition since I have been there
coming to these meetings and I have no confidence in this beautiful
screening job that they . are going to do.
Mrs. Rose: I am bridget Rose, 2001 Secovy Street behind the office
building.
I would just like basically to state my opposition to the builder
building on his site and not thinking beforehand of how the traffic
is going to go and then come to us and say, well that's the only
thing you can do, you have to go this way or that and I think there
is one way which we talked on before which is direct ingress and
egress from Dixie Highway addressing themselves to the traffic
department and if that's the only way for them, they will have to
grant this.
I also want to say about this parking lot. If that is going to be
a conditional use, there is a lot right next to it which now is
residential which is an apartment building and like what we had
before, the tendency could be that once they have the parking lot,
it's going to be another conditional use and the other building could
go commercial and that would start again a whole change of zoning
and destroy our neighborhood.
Ms. Campbell: I am Jeannie Campbell, 2800 Natoma. I notice that he
gave you some pictures showing you the barren area that is now left
and these are the pictures that I took at the last meeting to show
you how he's further destroyed the lot. At one time you could stand
in the street and not even see the building from Natoma if you were
to look through the lot and you can tell by the pictures now, there
is very little screening left. Still we would like to have whatever
we could have .
Mr. Reiseman: Mr. Mayor, I am going to respectfully object to this
at this time for the record with the introduction of those pictures
and for the purpose stated. This is not a hearing to determine whether
or not my client is in violation of the tree ordinance.
This is a hearing for a conditional use. Whether or not there were a
thousand trees on that property last week or not is absolutely not
material or relevent to anything before the Commission today.
Mayor Ferre: Mr. Reiseman, this is not a court of law and I recognize
that legally or technically, one thing has nothing to do with the
other but on the other hand, this Commission is a legislative body
of elected officials that have to vote legislatively on policy
matters.
I don't think that anyone would deny and you served in this capacity,
that we as elected officials are influenced by the intentions,
by past records and by approach on people on related matters and
I am going to tell you, I am not a judge sitting here. I am a
legislator legislating on policy matters of the City and I must tell
you that I am certainly influenced by these type of things.
20 JAN 101974
Resseman: Mr. Mayor, respectfully that is exactly why I am
objecting to their introduction. They are designed for the
purpose of prejudicing and inflaming with no other purpose whatever.
Ms. Campbell: What I really want to say is that I don't want that
lot to become a parking lot nor do I want part of our homes to
become a parking lot and I was wondering if it might be possible
that we might have no parking signs. That's a very inexpensive
way of alleviatin g the parking situation in front of our homes and
I would think that might be possible. Thank you.
Unidentified Woman: I would just like to say as a person living
accross the street from the parking lot that the alternative to a
conditional use would be to have homes there and I think you can
see that with the street now being closed, that it would just be in
further keeping with the character and quality of the neighborhood
to have a lovely little hammock there. Thank you.
Mayor Ferre: Well that's very nice but property owners have a right
to develop their property and if it doesn't go in that direction,
they are not just going to sit and have a nice little hammock here.
You know that they are going to develop it.
Unidentified Woman: That is the purpose of zoning though is to
protect the homeowner and we bought our property there -
Mayor Ferre: You aren't going to have a nice little hammock there.
Mr. Cavanaugh: Like all people present in the room who are opposed
to this, please stand and let the Commission see who is opposed..
I might mention to you Mr. Mayor that at the Planning and Zoning
Board hearing, the entire room was filled with residents but many
of them are at work today and were not able to be here.
Mayor Ferre: I understand. Thank
Ladies and gentleman for taking of your time and being here and to
express your opinion on this.
Mr. Tatham: Thomas L. Tatham, I reside at 1959 Secovy Street and
in order to protect my home which is on 2 lots, I bought additionally
4 lots in the area and I very much put my money where my mouth is
and I think that this should remain an R-1 area and if he is going
to use it as R-1 and use it for more than 1 house, he is going to
have to plat it. It's an unplatted piece of property and I would
certainly hope that you would deny him the use for a parking lot.
Mr. Resieman: Mr. Mayor, may I have some quick rebuttal?
I know you are short on time. We have had 2 matters here this
morning. This is very important to my client or we wouldn't
be here.
I would like to submit evidence as well for the record. This detailed
landscape plan that had been submitted in connection with this
application. It shows clearly and unequivocably that there will be
more fine trees and landscaping on this property, not brush, but
fine trees, than there were to begin with. All of the fine trees
that were on this property have been preserved. They will be pre-
served under the plan proposed. If 2 single family homes were built
on this property, certainly the Planning Department's recommendation
that this be used as a buffer to intrusive elements to the privacy
of the neighborhood and preserving the landscape go out the window.
The added reason they have given which is alleviating added traffic
to and from the area is certainly not out the window. You have put
it by your vote of a few moments ago, to close Natoma Street.
The Planning Board's recommendations just simply go out the window
at this stage.
We would like in addition to the record to introduce this exhibit
with leave to remove both of them since they may be necessary for
our further use.
I think one of the gentlemen sitting back here hit it on the head.
He said he was out there this morning and he said quote - there are
very few trees there now. That's right. There are very few trees
there now.
you very much,
21
JAN 10 I9
I would suggest that Mr. Val's stop being treated as though he were
some kind of criminal. He is a builder and a very fine one. He has
been in this community for a long time. He built that building on an
odd shaped lot without asking for any variances. He built it under
circumstances with almost very very limited ability to bring in,
because construction materials, construction crews and construction
equipment are necessary to build a building.
All of you know there is no way to helicopter these things in.
There are 3 or 4 of you on the Commission who have extensive personal
experience in connection with building and you know that it just
can't be done. Mr. Val's has done his best to preserve this property
and he promises to do and will be committed to do and obliged to do-
in accordance with thepermits issued to him by this City, a great
deal in connection with making that lot a really beautiful lot.
Don't lock him in by closing the street and not giving him any
visiting room to park. Give him some relief. He is entitled to it.
Mayor Ferre: All right - Mr. Baker, make it real quick.
Mr. Baker: I was the one quoted. He misunderstood. I said
that with the deliberate contempt that this group has shown that
since these hearings started, when the Hammock was there, and the
building was probably 95% complete and without any injury to this
and within the past several weeks or couple of months, they have
destroyed down to only a few remaining trees.
That's the important point and not just a few trees and that's all
that is involved.
Mayor Ferre: All right Mr. Baker. Anyone else? Its after 11 and
Mrs. Gordon.
Mrs. Gordon: Mr. Mayor, the —.arguments Mr. Reisemen has presented
have been valid arguments in favor of his client and we respect
him for presenting his case very well on behalf of his client but
we sit here and we have to decide what's best for the community
and when we think about the community, we have to think of the
residential character of the surrounding area and the change of
that character that would come about by a parking lot no matter how
nice its landscaped or whatever, it's still asphalt.
Certainly not another house with trees and other amenities so with
that in mind and with the intent of maintaining the integrity of
the neighborhood, I would move that we uphold the recommendation
o.f the Planning Board and Planning Department and deny the application
for a conditional use.
Mayor Ferre: There is a motion. Is there a second?
Mr. Plummer: Mr. Mayor, the reason these type of applications
come up before us as its so stated on the agenda is a conditional
use.
I have always -voted for things to be put into a conditional use
where this Commission reserves the right to say yes or no. Some
things fit insome places and others they don't My point is very
simple. The people in this neighborhood do not want it. They are
the ones that would be saddled twith it and for that reason I
will second the motion.
Mayor Ferre: Is there further discussion on this item. Call the
roll please.
22 JAN 101974
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
MOTION
A MOTION UPHOLDING THE RECOMMENDATION OF THE PLANNING BOARD AND
Tilt PLANNING DEPARTMENT TO DENY APPLICATION FOR CONDITIONAL USE
FOR OPP-STREET PARKING ON UNPLATTED TRACT 110' ON DIXIE HIGHWAY AND
211, ON NATOMA
(Upon being seconded by Mr. Plummer, the motion was passed
and adopted by the following vote - AYES Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mr. Cavanaugh: Thank you Mr. Mayor and members of the Commission.
Mr. Reiseman: Mr. Mayor, may I have leave as I asked before to
have the exhibits to which I made reference admitted and then
released to us for further use meaning the pictures together with
the landscape exhibit.
Mr. Llloyd, City Attorney: Oh yes, this is all informal. Let
the recordlreflect that you showed them to the Commission.
11. REQUEST PLANNING DEPARTMENT TO STUDY PROFESSIONAL OFFICE
USE AS CONDITIONAL USE IN R-4 AREAS
Mr. Andrews: This is a resolution we are requesting that you adopt
to clear the record in reference to a study that you asked the
Planning Department to conduct. They have conducted the study
and Mr. Acton is ready with the report.
Mayor Ferre: That was on the letter from Mrs. Wainwright. Is there
a motion?
Mrs. Gordon: We received some memorandums from Mr. Acton last
week and I think its worthy of some discussion.
Mr. Andrews: I said that Mr. Acton was ready to report to the
Commission.
Mr.Acton: There are 2 items you asked for a study on. One of them
was conditional office use in the R-4 residential zone and the
2nd one was the study of enlarging home occupation in single family
R-1 zone.
I reported earlier to the Commission that after reviewing the R-4
district in connection with all of our other residential districts,
and reviewing the reasons why it would seem desirable to have medical
uses permitted within the R-4 zone, reviewing the need for perhaps
permitting additional commercial uses in the R-4, the department
determined that it would be unwise to permit medical use in R-4 zone.
I mean to permit commercial uses in the R-4 zone above and beyond
those of medical or hospital associations.
23
JAN1Q1974
The second one was referring to enlarging home occupation within
A-1 district and after examining our past recommendations and actions
that have been taken both in Dade County and in other cities,
we did not feel it would be wise to allow additional enlargement
of occupation within the R-1 district. It was noted that Dade County
for instance does not allow home occupations in single family districts
and we felt that there were many problems in connection with home
occupations and many of them are encountered by the Building
Department when it comes to enforcement.
Our recommendation to the Commission was to leave the existing
ordinance as it is and not to allow further additional commercial
uses within the R-1 district.
Mrs. Gordon: I want to speak to that Mr. Acton because I discussed
this with yuu and when I received the recommendation, I am concerned
that the attitude is that we know there are violations but we can't
do anything about it and people are doing it anyway and so what can
we do, but I think what we ought to do at least to be realistic and
in examining the ordinance and how its written, I found that a
portion of it, in fact if you will refer to it, Page 27, Section 1,
Item 8. I think we also have to recognize that we are, conditions
today are not what they were several years ago and I think in your
recommendations you base some of your reasoning on what was or had
been recommended in years past.
Well you know and I know that conditions change and present con-
ditions, the energy crisis and conservation of fuel etc. might be a
very valid reason for the change that I am going to recommend and
hopefully that you will see it as being a logical recommendation
and so will my fellow Commissioners.
Have you that page?
Mr. Acton: Yes Commissioner Gordon, I've read it.
Mrs. Gordon: The 3rd line from the bottom in section 1, paragraph
8 on that page reads:
"My recommendation is that the two words "and no" be changed to
"only one" because it is a reasonable and a logical change and it
will not do any harm to the community, to the ordinances or anything
or anyone.
Mr. Acton: May I comment on that?
Mrs. Gordon: Certainly.
Mr. Acton: If the Commission is going to consider that, I would
highly recommend that you put that as a conditional use.
We are again talking about single family -
Mayor Ferre: Let me interrupt you in the interest of brevity.
This is a resolution requesting the Planning Department to study
special office uses as a conditional use in R-4 and further requesting
a study of home occupation uses in residential areas.
Now what Commissioner Gordon is something that you can include in
your study and all we are doing here as I understand it -
Mr. Andrews: Mr. Mayor, may I clarify that real quickly?
You passed a motion to have this and in order to expedite it we
went ahead with the study. Now we are just putting in in the form
of a resolution to have the records cleared up. It really has nothing
to do with the discussion of the item.
Mrs. Gordon: Then I think the procedure would be to send this back
to you for reconsideration with this in mind and come back again if
you want to take the conditional use, say so, but it is my personal
thinking that rather than closing our eyes and saying okay, so they
are doing it, and those who want to be honest about it, people who
are honest are to be penalized.
2&
JAN101974
• •
Mr. Plummer: Mrs. Gordon, do I understand that what you are saying,
under home occupational uses, you would have no objection to the
conditional use being added to it?
Mts. Gordon: No I would not and I also would not have any objection
to the 2 word change and to only 1 because I would like to know how
anybody can prove who is related to me and in what manner they are
related to me or whatever and I think its positively ridiculous-
Mr. Plummer: .Well Mr. Mayor, may I suggest that this be sent back -
Mayor Ferre: That's what everybody is saying.
Mr. Plummer: No not the way you are proposing Sir. That it be
sent back for public hearing and lets get it into the works rather
than studying it. Let's have a public hearing on it.
Mayor Ferre: There is a motion. Who seconds it?
Mrs. Gordon:- What is the motion?
Mayor Ferre: The motion is this be referred back to the department
and for them to schedule a public .hearing so this matter can come -
Mrs. Gordon: With the changes I am recommending and set it for a
public hearing?
Mayor Ferre: Thats right.
Mrs. Gordon: Okay, fine I move it.
Rev. Gibson: Second.
The following motion was introduced by Mrs. Gordon why mov
its adoption: gi—
A MOTION TO REFER THE STUDY OF PROFESSIONAL FFICE PA„,t7
USE IN R-4 MEDIUM DENSITY MULTIPLE DISTRICTS BACK s�
TO THE PLANNING DEPARTMENT FOR FURTHER STUDY AND G�
PUBLIC HEARING
Upon being seconded by Reverend Gibson, the motion was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
12. PERSONAL APPEARANCE - MRS._ ALICE WAINWRIGHT RE: POLLUTION CONTROL
Mrs. Wainwright: First Mr. Mayor, I do want to express on behalf of
myself and my colleagues with me today, our appreciation for your
fitting us into this very crowded agenda.
Mr. Mayor,Mrs. Gordon, members of the Commission, for the record my
name is Alice Wainwright, and I am appearing as a member of the
State of Florida pollution control Board. We are here today simply
to request that your Commission re -confirm in principle, the support
for the Dade County master sewer plan.
As you know, the City of North Miami has filed notice of intention
to file a suit against E.P.A. to prevent the issuance of federal
grants for this much needed sewer program. The federal funds is a
total of 86 million dollars. The time that is involved here, the time
limit would be such that the federal government would have to allocate
the first portion of this 86 million dollars by July 1. Furthermore,
they have to really, the federal government, the E.P.A. has to know
90 days before that whether or not Dade County is going to be in a
position to receive these funds. Obviously, if there is litigation
Dade County will not be in a positionto receive these funds.
Dade County has probably the worst pollution problems of any portion
of the State
JAN101974
•
Raw sewage is being dumped out of the atlantic ocean and comes back
and if you all recall, last year we had a typhoid epidemic down in
South Dade, a Migrant working area. You all recall that the City of
Miami Beach had a water problem. All these pollution problems hit the
national press. Now we are the tourist capital of Florida.
We certainly cannot afford to work forthrightly to clean up our
pollution matters. The stakes are very high in this issue.
It is most unfortunate that at the llth hour, another municipality
has seen fit toethrow a monkey wrench into the machinery.
What is really the effect of this is that the health, the welfare
of the citizens of Dade County would be jeopardized if this suit is
filed.
What we are seeking here today, is just an expression of support
from your Commission since it is appropriate that the largest
municipality of Dade County to reconfirm your approval of this much
needed plan and into which a great deal of work has gone in.
If this suit prevails, I want to say this or is even filed. It is
the death knell for the proposed Dade County Sewer Plan and that
is why its so important that this be handled on an emergency matter
and that we move forward and do all that we can to try and persuade
the Councilman in North Miami to reconsider the action that they
have taken and that the public be informed of the severity of the
problem.
Now I have people with me today that want to speak very briefly on
this issue because they are entitled because of the positions they
occupy to be,,heard and they will add a great deal to the brief
comments that I have made. I have made my remarks very short so
you have an opportunity to hear from them. I will just say who they
are: Mr. PeteBaljet, Director of Planning, State of Florida.
Mr. Jim Redford, former member of the Pollution Control Board who
worked very hard for this plan to go into effect. Garrett Sloan who
is our own former head of our City of Miami Water Department but who
is now Director of the Dade water and sewer authority.
Finally I know that many of you are familiar with this problem as
individuals and I want to acknowledge the fact that Mr. Plummer
presided at a meeting of the Dade League of Municipalities about a
week ago and he dealt with this problem as presiding Officer in a
very forthright and able manner. He was at the hearing that took
place on this subject yesterday in the chambers of the Metro Commission,
when there was a hearing between E.P.A. officials, State of Florida
officials and officials of the City of North Miami.
Mr. Paul Andrews was there all day and I understand made a statement
in behalf of the City.
Without further adieu, I am going to turn the podium over to Mr.
Fete Baljet.
Mayor Ferre: I might say we are very honored to have Mr. Pete
Baljet and Mr. Redford here. Two gentlemen who certainly are
symbols in our midst and state of the. type of valiant work that needs
to be done to correct some of the problems that have not been corrected
over the yearsto make the State of Florida what we all want it to be.
Mr. Baljet-
Mr. Baljet: Thank you Mr. Mayor. It's great to be with you and the
City of Miami Commission.
I also deeply appreciate the time you are taking out this morning
to briefly hear us. The plan we are facing now and the department of
pollution control has approved, and the environmental protection agency
has approved, may not be the perfect plan that we would like to have
but its the best plan that we can deal with today using todays tech-
nology and todays know-how. The plan has the flexibility to recognize
forthcoming innovative inventions in the area of sewage treatment
that can be automatically be worked in the plan as it progresses
and as its being placed in the ground.
The City of North Miami filed their intent to sue about a month ago.
The public law required 60 days of notification. By the end of
February if that suit is filed, it will mean an immediate loss of
some 13 million dollars in the central sewage district which will
take the City of Miami and the facility on Virginia Key. Looking
forward to the time of court proceedings, Mr. Re ---
and the State Dept of Pollution Control will have no other way to
go but to remove these funds from this area and to give it to cities
in the State of Florida.
tl
JA►N 101974
• •
The problem is even worse than that because whereas Dade County is
now ready to go, we have many cities that are not ready to go
and 86 million dollars is a lot of money and Mr. Revan has the
responsibility of doing away with pollution in other areas of the
southeastern United States so these funds may be lost ,to the State
of Florida entirely. Mr. Revan also made it abundantly clear
yesterday that the very loss of funds does not mean therefore that
we don't have to solve our pollution problems. It still is a mandate
to solve the pollution problems today. It still is mandated to place
into the workshere on the local scene, a master plan that will solve
and build the necessary sewage treatment facilities.
And so if the suit is filed, there is the distinct potential
that Mr. Revan and the State will have to use their enforcement arms
to create a halt to growth of Dade County which will include
sewage treatment plants that would be used in the interim. It would
include installation of new septic tanks and basically it would be a
total stoppage of building in this county.
I urge you to support this master plan. It's a good plan and we are
confident. We are not afraid of the suit Mr. Mayor, we are just
afraid of the time delays and the loss of federal funds to the State
of Florida.
Mr. Plummer: Mr. Mayor, I would like to thank the kind words of
Mrs. Wainwright. I was there not only representing myself but also
Mayor Ferre who asked me to attend in his behalf
What Mrs. Wainwright says is very true. I did preside at a meeting
of the Dade League as your representative in which the Dade League
took a very strong position urging the City of North Miami and
North Miami Beach to withdraw their suit.
It is felt without question that maybe in fact this is not the
perfect plan but under utodays conditions, it is the best plan
that can be developed and as was explained yesterday at the meeting
to Mr. Andrews and I, this is a living document and that document
if it is a better plan or some modification, is developed after
this is approved, it will be changed but this is something that
isn't mandatory, it is a must and I don't think this Commission can
go on record too strongly stating our position urging the Water
and Sewer Department to proceed with this with every great speed
that can be provided and likewise, once again urging the City of
North Miami not to impair this important project to all of the
people. Not just North Miami but all of the people of South Florida.
I have a resolution prepared by Mr. Andrews after the conculsion
of yesterdays meeting which Mr. Mayor, I will wholeheartedly
endorse and ask this Commission to do likewise and I move this for
adoption.
Mayor Ferre;
Rev. Gibson:
question.
There is a motion on the floor.
Mr. Mayor, I want to second it but I want to ask a
Mayor Ferre: In.the interest of time, let me see if I can tell
briefly. This is a political matter. The reason the people of
North Miami went to the Mayor and the Commission and they are very
fine people by the way. I think their Mayor is one of the best
elected officials in our midst and he is a fine man and he is a very
dedicated well meaning individual and I might say that he is very
sincere. He is a positive,, progressive man. I think he is concerned
and his community is concerned that a sewage plant in their midst
at the Interama Site would not be of benefit to the community as a
whole. They further say that perhaps the City of North Miami might
be able at the expense of 33 million dollars, they might do a better
job than Metro. This is his opinion and thirdly, Mayor Stembridge
feels that there was a commitment made by Metropolitan Dade County
that not only a sewage plant but the best sewage plant, a sewage
plant that would be so modern that people from all over the world
would come to see a sewage plant that would have treatment
of 99.9% and I was a witness to these promises that were made by
Mr. Dennis Carter speaking for Metro 4 years ago.
27 JAN 10 1974
Unfortunately that was an exaggeration and the fact is that such a
plan as I understand it just does not exist. These were hopeful
dreams of super duper plansthat were going to be forthcoming that
have not materialized and therefore I think its these series of
events and I am not here to defend Mayor Stembridge or the City of
North Miami, I am just trying to explain what their concern is.
I would besides this motion like to make another motion directed to
the City of North Miami to remind them that the City of Miami -
Rev. Gibson: I am just going to second the motion and -
Mayor Ferre: I think it goes deeper than all of this.
Mr. Plummer: Let me say that Mr. Andrews and I have got a second
motion. I think you are about to steal our thunder and that is
the second motion to urge the City of North Miami to withdraw their
suit.
Mayor Ferre: I asked Paul Andrews to draft a motion of that sort
and pohn Lloyd yesterday but I want to explain that motion.
Lets get the first one.
Rev. Gibson: I second it, the only thing I am disturbed is you
can't get a 93% system and in the meantime the pollution has gone
on and if we get 75 you know -
Mayor Ferre: You are a practical man. There is a second on the motion
and then we will talk about it. Call the roll.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-5
A RESOLUTION RE -AFFIRMING THE MIAMI CITY COMMISSION'S
POLICY BY APPROVING IN PRINCIPLE, THE METROPOLITAN
DADE COUNTY WATER QUALITY MANAGEMENT PLAN TO MEET THE
URGENT NEED TO DEVELOP AREA -WIDE SANITARY COLLECTION
AND TREATMENT FACILITIES, AND REQUESTING THAT THE
UNITED STATES ENVIRONMENTAL AGENCY AND THE STATE OF
FLORIDA RELEASE FEDERAL GRANT FUNDS ALLOCATED TO
IMPLEMENT SAID PLAN, AND FURTHER URGING THE MIAMI-DADE
WATER AND SEWER AUTHORITY TO EXPEDITIOUSLY INITIATE
WORK ON SAID PROJECT UPON THE RELEASE OF GRANT FUNDS
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre.
Mayor Ferre: On the other motion that will be coming in a moment.
I want it for the record and I hope you amend the motion Jack, I
want you to listen to this because I want you to amend the motion,
in the preamble to have these following facts.
The City of Miami as Mr. Garrett Sloan has very ably pointed out,
made some decisions years back where we also wanted a perfect system
but we couldn't afford it and we didn't have the time so we went
out and we spent what amounted to about 16 million dollars and got
a system going which has been expanded over the years and is probably
worth 4 or 500 million dollars today. A lot more than 16 million
dollars has been spent but we started out with 70 or 754 treatment
and it wasn't really as good as we should have had but the fact is
that the City of Miami is today and Mrs. Wainwright you said that
Dade County had the worst problem.
JAN i,01974
I might point out that the City of Miami is today the best sewered
Major city in the State of Florida with the possible exception of
Tampa who might be comparable to us. Today we are 65% sewered
within the city boundaries of Miami. Is that right Pete?
Mrs. Wainwright: Mr. Mayor, just for the record, to clarify a point.
I am as a former Commissioner, proud of what the City of Miami and
what I was referring to and I want the record to reflect this, was
the sewage being dumped in the ocean from the North Miami outfall
and the City oftMiami Beach outfall, is raw, untreated sewage.
Mayor Ferre: Right, and that's almost a unique situation in the
State of Florida, isn't it?
Mrs. Gordon: And we are feeling the effects of their contamination.
Mayor Ferre: I think what we want to put, I don't want to be
criticizing the City of North Miami in this resolution.
What I am saying is I want to set as an example the fact that
historically, the City of Miami has taken a pragmatic attitude and
approach which has brought us to the point which is unparalelled by
any other municipality in the State of Florida and that we have done
it slowly, that we have done it through a lot of effort with consis-
tency. Thats point #1.
Point #2 I want to stress because I have heard several comments that
a certain editorial writer in a certain newspaper in this town has
Seen making statements to more than one person that this is another
me of these typical City tricks and that its anti -metro and on and
on and on.
I would like to point out that this particular City is responsible
for Metropolitan Dade County having a Water and Sewage Board right
now.
#2 on that same item, that this particular City has gone on record
time and time again expressing itself of being in favor of assisting
and helpint Metropolitan Dade County.
#3, that even though this City has serious objections as has been
pointed out by the Manager and by this Commission on the proposed
plans, just like the City of North Miami, that we are not about to
jeopardize 86 million dollars in federal funds that this community
sorely needs because we happen to have a basic objection.
What I am trying to point out is that we are reasonable people and
that I certainly urge our fellow Commissioners in North Miami and my
fellow Mayor, John Stembridge, to please take all these items into
consideration as they deliberate and to respectfully request that
they be patient, that they have faith in the goodwill of Mr. Garrett
Sloan and staff, Mrs. Wainwright, Mr. Baljet, Metropolitan Dade County,
the State, and the Federal Government, so that we will proceed not
in solving all of our problems but in taking one more step in solving
a problem, so I would like Jack for that motion to have all that
couched in it in the preamble before we pass it.
Rev. Gibson: We could pass it that way.
Mayor Ferre: We have to have it in writing.
Mr. Andrews: May I suggest so Mrs. Wainwright and the others have
some expression from the Commission that you pass a motion to that
effect and directing the City Attorney to come back by the end of the
day to have a specific resolution prepared and presented to you so
you can adopt it.
Rev. Gibson: I move.
Mr. Plummer: I second.
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
APPROPRIATE RESOLUTION TO THE CITY COUNCIL OF THE
CITY OF NORTH MIAMIl SUCH RESOLUTION TO ENCOMPASS
NEED FOR AREA WIDE SEWAGE FACILITIES TAKING INTO
CONSIDERATION THE POSSIBLE LOSS OF FEDERAL FUNDS AND
REQUESTING THE NORTH MIAMI CITY COUNCIL TO RECONSIDER
ITS &POSITION WITH RESPECT TO PROPOSED LAWSUIT
JAIio gj
Mrs. Wainwright: I just want to thank each and every member of
this Commission. This is one of the most heartening things that
has happened to us in the last week and i think it's a great step
forward.
Rev. Gibson: We understand.
Mrs. Gordon: We hope it has an impact on North Miami.
13. REPORT. BY CITY MANAGER ON ALLEGED ZONING VIOLATIONS ON LOTS
7 AND 8 NEAR INTERSECTION OF DARWIN & TIGERTAIL-COCONUT GROVE
RP. A'ndfews: Inspection was made of the property. Records verified
and a medical dental clinic is in complete conformity with the
zoning regulations.
Mayor Ferre: Any other questions on Item 12?
14. CHANGE ZONING CLASSIFICATION FOB CITY OWNED PARK & RECREATIONAL
PROPERTIES FROM R-1.R-2.R-3.R-4, R-5,C-5,C-4 & W-R TO "P-R"
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM-
PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI,
BY CHANGING THE ZONING CLASSIFICATION FOR CITY OWNED
PROPERTIES, FROM R-1 (One Family), R-2 (Two -Family),
R-3 (Low Density Multiple), R-4 (Medium Density Multiple)
R-5 (High Density Multiple), C-5 (Community Commercial)
C-4 (General Commercial), and W-R(Waterfront Commercial)
to P-R (Public Park and Recreational use) DISTRICT
Was passed on its first reading by title at the meeting of December
13, 1973 was taken up for its second and final reading by title
and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES:
None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8223.
15. BLOOD PLASMA ORDINANCE ETC.
Mr. Lloyd, City Attorney: This is the 2nd reading of the Blood donors
ordinance which Mr. Weston is now passing out with the brief amendments
which the Mayor prepared. I might say by way of preliminary statement
that Mr. Pete Antanocchi of the Health Planning Council is here and
I don't know if Mr. of the County Attorneys office is
also here and I know Mr. Antanocchi will speak briefly on that to give
you information about a proposed county ordinance but first if I may
your honor, with your indulgence, I would like to read the 2 or 3
additional amendments which have been proposed, which have been written
up according to your instructions and which are proposed in the 2nd
reading of the ordinance.-
3u
JAN 101974
The first amendment pursuant to your honors instructions is under
Section 7, page 5 of the copy of the ordinance passed out.
This reads - "Each such permit referring to the permits which arc
proposed to be issued to the blood donors themselves, shall be valid
for a period, we've got blank days and that would be put in by the
City Commission. Permits shall be renewable thereafter for additional
periods of blank days upon the condition that the applicant hereinafter
described can provide evidence in the form of certificate as specified
in Section 3, paragraph 3 of the ordinance that he is in good health.
I might add by way of explanation to that, that an addendum to
the ordinance, Section3, paragraph 3 provides for an initial physical
examination of the donor.
The 2nd amendment, and by the way I have suggested that these
amendments be taken up by the Commission one at a time and if you
want me to defer talking about the 2nd amendment -
Mayor Ferre: Now now wait a minute . The 1st amendment is in what
section again.
Mr. Llloyd: Sec. 7, pages and what it provides for is permits, the
time for the validity of the permits.
Mayor Ferre: Why don't you go on through so we can understand the
full impact.
Mr. Lloyd: The 2nd amendment is also an addition and that is desig-
nated Sec.13, page 7. This is an amendment in the form of addition.
Time when said donor shall be under the influence of a drug or
alcoholic beverage. The provisions of this section are applicable
equally and any donor or any person who may withdraw or supervise
withdrawl of blood from any donor.
For the purpose of this ordinance, under the influence of alcohol
or drug shall mean any sensible impairment of the ration and full
control of the mental and physical faculties by reason of the prior
introduction in the body of thedonor or any drug or alcoholic beverage.
Mayor ferre: How is that determined?
M. Lloyd: That will have to be determined by the blood donor
establishment. We did feel, your honor suggested I believe a
drunkometer test but its not feasible to have such a test administered
by the establishment because they are not qualified to administer such
a test and we feel that they have a medical doctor there and if there
is any question it could be determined there.
Mayor Ferre: It seems to me that just an objective value judgment
of that sort is meaningless. You mean to tell me a doctor can look
at a person and tell whether or not he is drunk or whether he is under
the influence of drugs?
Mr. Lloyd: They can tell by an examination of the eyes and by the
smell on his breath and by the fact that he weav es or something of
that nature.
Mayor Ferre: Suppose they take blood from somebody and we are trying
to enforce this and the man is obviously drunk.
The doctor looked at him and he didn't look drunk to the doctor.
This thing has no teeth in it. How are you going to hold the plasma
company responsible for making that judgment?
Mr. Lloyd: The problem with these tests is that they are evidentiary
and it is difficult to go any further. We have researched the problem
and it is difficult to go any further than we have gone in this
respect.
Mayor Ferre: Well I'll tell you. Mr. Baljet who was just here, when
he talks about pollution, He is not beating around the bush.
the laws very specifically say there is an emission of so many particles
of such and such over a period of 1 hour.
Now don't tell me that we can't do the same thing using the same kind
of limitations that there are so many parts of alcohol or whatever
it is.
31
JAN101974
Mr. Lloyd: I do not favor drunkometer tests but possibly in view of
the fact that .they do have a physician on the .premises, you might
wish to consider a blood alcohol test.
Mayor Ferre: That means you have to take blood.
Mr. Lloyd: You do take the blood from the man and a blood alcohol
test could be administered from that.
If your honor wishes to put in a drunkometer test to be administered
at the facility, we can put it in there.
Mayor Ferre: It seems to me that taking blood from a man to find out
if you can take blook from him - I think it ought to be a simple
drunkometer test. Jack isn't that one of those tests where you blow
into a mechanism.
Mr. Lloyd: That is correct. You blow into a baloon and then you
read off the baloon. One of the reasons why we didn't put that in
is that again is only evidentiary in the event of a court hearing
and it isn't always conclusive.
Mayor Ferre: You mean to say if somebody wants to go out and sell
some blood, they may take you to court and say I wasn't really drunk
and this drunkometer test is worthless. Therefore I was deprived of
making some money.
Mr. Lloyd: Yes sir, that is what I am trying to say. If your honor
wants to include it in there as one of the tests to be given in
addition to other tests, it could be added.
Mayor Ferre: Otherwise the thing is meaningless.
Rev. Gibson: One thing. If he is deterred, in law there is a
nuisance factor. I just think that if we aren't going to stop these
people from doing what they are doing, then we are in trouble and I
would think that if you deter it or if you stop him for 2 weeks or
3 weeks and he has to go to court, maybe he would be sober by then
and if he is sober by then, then all right let him give the blood.
Mr. Kunst: Mr. Mayor can I just -
Mayor Ferre: No, I won't recognize you at this time until this
Commission finishes hearing from our attorney about these amendments.
Now you take a piece of paper and make a note and when we get to the
public part of this, there are about 10 or 15 people want to be heard
and I will recognize you at that time.
Now you add something to this.
Mr. Lloyd: Well we will add something to this but there is one point
that I want to make that this is the type of a provision that was
used in the city courts and is used in the county courts now that we
have transferred our court. To get convictions for drunk it is not
necessary to have a drunkometer test to prove.
I think I understand your honors point. Your honors point is so that
the facility itself can have an adequate determination.
Mayor Ferre: Obviously or else you are going to have a doctor sit
back and say he's drunk, he's sober, and just by looking at him.
Mr. Lloyd: Yes sir. I think probably what we should do then, I
will ask Mr. Weston to go out and just simply add that one of the
determinations shall be in the form of a drunkometer test and the
criteria will be a 1.5 reading on the drunkometer.
Mayor Ferre: All right that sounds much better.
Mr. Lloyd: I'll go on the 3rd amendment which is routine and then
we can take up the 1st amendement while that is being acted on.
Mayor,Ferre: Then we will get to the public aspect of this.
32
Mr. Lloyd: The only other amendment is we have numbered the paragraphs
of the'ordinance so the 3rd amendment is simply for the insertion of
section numbers 1 thru 18.
Mayor p erre : How about the 4th?
Mr. Lloyd: The 4th one simply is a final motion to pass the amended
ordinance after you finish the discussion of the first 3 .amendments.
My recommendation on the permit period for it to be valid, I would
suggest for a period of 120 days. Approximately 4 months.
The reason for such a recommendation is I believe we might be, I can't
guarantee the validity of this section if its for too much of a shorter
period.
Mayor F erre: All the permits shall be renewed thereafter for additional
periods of?
Mr. Lloyd: 120 days.
Mayor F erre : Same thing.
Mr. Lloyd: That's what I would recommend.
Mayor F erre: Anything else you want to talk about these 4 matters?
Mr. Lloyd: No. I don't know if you wish to hear Mr. Pete Antonocchi
of the Health Planning Council. Perhaps you may wish to hear from
him in discussion.
Mayor F erre: I will recognize Mr. Antonocchi right now.
Mr. Antonocchi: I am a member of the staff of the Health Planning
Council and we got involved in this issue in November of this year
and organized a task force which we are calling the committee on
blood resources.
This committee is not only looking into issues for instance plasma
in Dade County but is also looking into the issue of whole blood.
The task force has conducted S meetings on this issue and has
discussed the merits of a control system that would eliminate some
of the problems that have been frequent especially in the downtown
area. In December of last year, the task force passed a resolution
requesting all parties involved and all municipalities in the county,
the public health department and health planning council to work
together to implement a county -wide ordinance that would control
this problem on a county wide basis because it not only affects
the City of Miami but it also affects other parts of the county.
The merits of this kind of an approach would be to leave the imple-
mentation of the program and the regulation in the control aspects
of the program within the department of public health which already
has the responsibility in many matters related to collection of blood.
Mr. passed out an ordinance that has no number on it right
now that will be introduced at the next meeting of the County Comm-
ission. This is an amendment to the emergency ordinance that was
passed in November and when you read it you will see that the various
aspects this amendment covers. The major points that it covers is
the implementation of a donor identification system and setting up
an inspection program that would be monitored by the health department.
Also included in that package that was given to you was a memo from
Dr. Saslaw , Director of the Department of Public Health, which sets
down some rules and regulations pursuant to this ordinance.
If I could have a few minutes I will explain the ordinance slowly.
What the ordinance essentially does is to set up 2 things. 1, a control
and inspection system that would be the responsibility of 2 members
of the Dept. of Public Health who have no other responsibilities save
inspecting these plasma centers. Dr. Saslaw is suggesting 2 indiv-
iduals, a registered sanitarian who is qualified to inspect various
institutions from their sanitary aspects and an individual who has
a background in blood collections facilties who is familiar with
procedures and who would be able to verify any violations of the
ordinance.
33 JAN 101974
•
The 2nd part of the ordinance sets up a donor identification program
and the way it is set up, is that no donor be permitted to donate
plasma unless there was issued a donor identification card which
would have to be verified by the department of public health.
The Department of Public Health would keep all records in regards
to each individual donor and in regard to donor health.
The cards would be issued yearly.
Each Plasma center would be required to issue to the department of
public health, a daily log on what donors they collected plasma from
so the department could be able to check and see if there was any
duplicate donors. The enforcement program in this system would be
that donors that were in violation of the ordinance, in other words,
if they donated more than twice a week, they would be suspended
from the program for a 90 day period on the 1st violation.
I believe 1 year period on 2nd violation and permanently eliminated
on 3rd violation from the system.
As you see the ordinance not only has teeth for the plasma centers
and it requires them to stick pretty closely to regulations that
have been well thought out by the Food and Drug Administration
which are a part of this ordinance and at the Florida Clinical
Laboratories but also have penalties for donors who would be in
violation of the ordinance.
Mayor F erre: Let me ask you a question. How about the donation of
plasma by people under the influence of drugs or alcohol?
Mr. Antanocchi: I understand the problem you were grappling with a
moment ago. It is a difficult one. Right now, part of the F .D.A.
regulations and county regulations forbit plasma centers from
collecting from alcoholics or people under the influence of alcohol
or drugs. It's a difficult thing to measure as Mr. Lloyd pointed out.
Mayor F erre: It isn't once you have blood, it's very simple to
tell how much alcohol there is in that blood.
For example, there is no reason why, if that's what the law is,
and once the plasma is taken, you can check the blood very simply
and if that man has a certain amount of alcohol in his blood, you
just put him on the 90 day -
Mr. Antanocchi: I think a better system would be to preclude that
individual from donating blood in the first place.
Mayor F erre : How are you going to do that?
Mr. Antanocchi: Once again, the system that Dr. Saslaw is suggesting
will have 2 individuals whose sole responsibility is to inspect
these places. There are only 9 centers in Dade County and I would
think that it wouldn;t be difficult for those 2 individuals to get
around to each center almost on a daily basis.
Mayor F erre: 2 individuals aregoing to be present in 9 centers
when blood is being given.
Mr. Antanocchi: Absolutely not, I think spot inspections have proved
fairly reliable in a number of other activities.
Mayor F erre : My point is, wouldn't it be simpler to draft into your
proposed law, that if someone who donates plasma and its very simple
to check alcohol in blood, isn't it? It's a very simple test.
If there is a certain amount of alcohol present, then he is just
suspended for 90 days and after you do that once or twice, people
are going to be very reluctant.
Mr. Antanocchi: As I said, the ordinance is up the 15th of this
month.
Mayor F erne: Since I won't be there, would you mention that to-
Mr. Antanocchi: I would be glad to get in touch with Mr. Krochek
who drafted this ordinance today and see if he has any suggestions
on how to implement this and he can be in contact with Mr. Lloyd
and they can discuss it.
Mr. Lloyd: Mr. Krochek and I and Mr. Weston of my office have
established a line of communication and are currently trading
information and have been doing so.
Mayor F erre: Go ahead, quickly now.
Mr. Antonocchi : My final comment would be that it would be rather
difficult for the City and somewhat cumbersome to have an inspection
system when the Department of Public Health already has the capability
of doing this and it should be the responsibility of the Public
Health Department to enforce standards in Plasma centers.
This program we are suggesting as the city program that is written up
will not be supported by public tax dollars but will be supported by
fees assessed to the plasma center and in the ordinance those fees
will be no more than 50$ per unit of plasma from each individual.
My final comment would be to request that the Commission
temporarily table your proposed ordinance pending the advent of a
county ordinance and giving a time to be implemented and see if it
does work and I believe the ordinance being proposed is operationally
workable.
Mayor F erre: Mr. Antonocchi, let me give you an answer as to how
I feel about this.
The Health Department of Metropolitan Dade County has existed for a
long time, hasn't it?
Mr. Antonocchi: Yes sir.
Mayor F erre: And they have had this responsibility for
Mr. Antonocchi: Since the 15th of November.
Mayor F erre: Well its had it before that because you had jurisdiction
over it.
Mr. Antonocchi: I am with the Health Planning Council.
Mayor F erre : I am not
I am not talking about
I am talking about Dr.
Dade County Department
responsibility on this
a long time.
talking about the Health Planning Council and
any one individual.
Saslaw's operation. I am talking about the
of Public Health has had jurisdiction and
problem.
Mr. Antonocchi: Since the 15th of November.
Mayor F erre: Yet the problem has existed. Now if it were not for
some very alert people in the press and some individuals like
Reverend Mc Kinley and others, this matter, would not have come
up and it seems to me to be inconceivable that such a situation could
exist under the clear view of the citizenry of this community and
yet the Dade County Department of Public Health has not acted on it.
Now furthermore, In October when this whole thing started to come out
there was some discussion and you say November but as I recall, the
original motion made by the County Commission was in October and yet
the 60 days went by , and I got involved in this thing because
Reverend Mc Kinley brought it to my attention. He walked into my
office one day and he is sitting right here, Iisverend Mc Kinley-
Mr. Antonocchi: He is on our task force.
JAW 101974
Mayor ferre: He talked about something else and all of a sudden
I asked him, what about all this? He started to explain to me so
tight then and there I got on the phone and, talked to Wood Mc Kue,
your associate. I talked to Dr. Saslaw's assistant. I. Saslaw
then called me up, he was up in New York and I went •to the Manager's
office and they were telling me , well we have to study this and this
is a very complicated matter and its going to take a long time and
it might be 6 months before we can come up with something and
Reverend Mc Kinley was telling me about people keeling over and
he called up the Fire Department.
We had 13 rescue missions within a period of 1 month. One person
died during this period of time. Now -he may have died for other
reasons but thefact is that he was walking out, he had donated
plasma, the man keeled over, the rescue team went down there and
the poor man died.
Now he was in the process of all this. He was drunk. It was a very
tragic situation. And we are going to wait 6 months?
While more studies are being made?
Now I know a lot of things have happened since then and that this
has all been activated by Mayor Orr and the County Commission have
taken it seriously. A lot of pressure has been placed and this thing
is moving forward. Now I want to mention one other thing that I
think is indicative of this type of problem that this shows.
I had to write the Food and Drug Administration. They have an inves-
tigator down here right now investighting which is a consequence
of the letter I wrote in November.
You mean to tell me that those people needed the Mayor of the City
of Miami to write them a letter to come down here and investigate
something that had been exposed to the papers since October and
that had been the talk of this community and yet, we didn't have an
investigator until right now?
How long has that investigator been down here?
Mr. Lloyd: When did he report to your office? I don't know how
long hes been here but yesterday was the first time in our office.
Mayor F erre : You have been talking about October, November and
December and now in January, the Food and Drug Administration sends
a man to investigate?
Mr. Antonocchi: That's exactly at times all they need your honor,
is having a little fire put under them because its exactly why we
need a county ordinance too because they simply don't have enough
inspectors and their funds aren't great enough to hire inspectors
to go around '•: the country and the problem is not only county wide
but state wide and around the country.
Mayor F erre: Mr. Antonocchi, I want to tell you this. My information
is that these plasma centers have been closed in one city after
another and there is only 4 cities left in the United States
where these things operate.
Mr. Antonocchi: I believe you are incorrect there your; honor,
I believe there are 27 or 28 in the state and 9 of them are in this
community - plasma centers. They are in as small a place as
Inverness, Florida.
Mayor F erre : Well then my information is wrong. Let me ask you
something since you are so well informed.
Is it so that 80% of this plasma leaves Dade County?
Mr. Antonocchi: It's difficult to maintain data on this. It's
true that much of the plasma leaves the community but a lot of
plasma comes back into the community. Dade imports a
great amount of plasma and they buy very little of it locally
and they process it for various products they produce.
labs does virtually the sane thing.
'i' O 1971
There is a lot of traffic in it, back and forth, accross the country.
We have one of the largest blood components outfits in the country,
North American Biologics is in North Miami, yet they collect no
plasma in Dade County. They import everything down here so it's
difficult to get a handle on how much is going in what direction.
Mayor p B ARS: These are commercial operations?
Mr. Antonocchi: They are proprietary.
Mayor F erre: In other words, it is a matter of people making a
profit -
Mr. Antonocchi: I would say a sizable profit.
Mayor F erre : Let me make one last statement to you and generally
to the public.
I don't think the City of Miami has to apoligize at any time in
any way trying to duplicate Metropolitan Dade County.
Now that is not the intention of any of this. The facts are simple.
There has been an abuse and it's been blatant. It has existed and
was not attended to. It's in the way of being corrected but has not
been corrected and as late as November it wasn't corrected even
though 60 days had gone by since the Commission took action.
It seemed appropriate for the City of Miami which happens to be the
center or where the majority of this plasma is collected and since
unfortunately there are people who are classified by society as
alcoholics, who happen to be the main donors or certainly are the
victims. We have a social, a human problem and I certainly think
that the City of Miami has got to take action if for no other reason
than to dramatize the problem. Now I want to commit to you.
I for one and I think I speak for everyone on the Commission and
the administration.
We don't want to get into this question of controlling or issuing
permits or things like that. We want to make sure that you do it
and that you do it expeditiously and that you do it effectively
and therefore I for one, I am going to propose that this ordinance
be passed but with this condition. That it not be implemented for
90 days. Now that would give you time to get yours going.
If you don't get yours going in 90 days, we are going to get going
and I am telling you that right now.
You, I mean the County. I know you don't represent the County.
Mr. Andrews: I want to indicate that in that 90 day period, that
we will set all the ground work and I will temporarily use my
appointive authority to send out the people that we need and have
them available so that in the 90 day period, if the County does not
act, we will be prepared to move ahead.
Mr. Antonocchi: Mayor F erre, could I have a clarification?
The ordinance is implemented on a standby basis?
Mayor F erre: No Sir, what we are going to do is implement it
effective 90 days from now.
Mr. Antonocchi: What sort of the safeguards must the County produce
for the City ordinance to become void?
Mayor F erre: Well we are going to have to take that up. Once you
pass an ordinance then we are going to have to take that up and
look at it and discuss it.
I want to repeat to you that our intention is not to get into this
but to make sure that the appropriate body which in my opinion is
the County, there is no question that the Dade County Department
of Public Health is the appropriate agency to do this and I want
them to do it. We are going to build a fire until it gets done and
if it doesn't get done, then we are going to do it.
37 JAN 101974
Mrs. Gordon: Mr. Mayor, I am going to ask you to reconsider the
90 days to 30 days because in the meantime, there isn't any controls
and at least ours woulcd be in effect during that time they would be
getting ready.
Mayor p erre : l'bse there is an awful lot of work that has to be done
and I don't want the City;of Miami to be hiring people and spending
money or I'll tell you what, how about 60 days?
Mr. Andrews : I think I can get it accomplished in 60 days. That's
a little thin but we will certainly try.
Mayor F erre: How about the County?
Mr. Antonocchi: on the final page
ordinance goes into effect 10 days
will be passed the 15th of January
25th.
of this ordinance, it says the
after passage. I presume it
and should be in effect by the
Mayor F erre: Mr. Antonocchi, I don't want to belabor the point
and maybe Reverend McKinley wants to talk about this whole matter
but you know I went to see the Jr. College the other day and I
talked to the President, I don't know if he is here today -
Dr. Stokes isn't here and Dr. Stokes was telling me that there isn't
a day that goes by . We have 5,500 students at that Jr. College.
Some of those people are absolutely scared to death of walking in
that vicinity and you know what they are scared of? They are scared
of a lot of these unfortunate alcoholic people athat are lying in the
middle of, you know they wake up sleeping in the park there or on
benches waiting for the plasma banks to open up for them to go and
make a little more money to buy a little more booze.
I hate to put it that way but that is really what we are faced
with and it isn't Maurice F erre or anybody else here.
It's the whole community from Reverend Mc Kinley To Dr. Stokes
who is, up at arms with a problem which is affecting not only the
victims but also the perpretrators. Everybody is involved in this.
This is a serious problem that we are all worried about and we have
to find a solution.
Mr. Antonocchi: I would agree and I think any way that it gets
done would be good.
Mayor F erre : Is 60 days all right Rose?
Mr. Lloyd: Mr. Mayor, do your honors want any comment from me?
I am not prepared to make a final comment but any comment at this
time on any analysis of the Dade County Ordinance -
Mayor F erre: Not now Jack. I think what you have to do is to take
this, study it. Let's pass this ordinance with the 60 days and I
want you to co -me back and review it at the first meeting in
February and at that time if you will come back Mr. Antonocchi, we
will see what the County has done. If you analyze for us and pass
a memorandum to us, is this acceptable to everybody on the Commission?
Any objections to it? Okay, let's pass these amendments.
Mr. Lloyd: It would be appropriate then for someone to move Section
7, Page 5, the amendment which I have read whiah is included in the
amended ordinance I passed to all of the Commissioners and to the
Clerk and copies of which are available to the public.
Mrs. Gordon: I'll move that.
Mayor F erre: Legally, could we move all
to save time?
Mr. Lloyd: I suggest your honor that for
is the manner I have suggested.
Mayor F erre : Can we do it by voice vote?
of them at the same time
clarification, what we do
The first thing to do would be to move the 1st amendment. Now
that is not moving the ordinance. All that is doing is moving
that the -
Mayor F erre: There ii a motion by Mrs.Gordon on the 1st Amendment
and Reverend Gibson seconded it. Call the roll please.
Mr. Lloyd: This is Section 7 of Page S.
On Section 13, we are including in there about the drunkometer tests
and what we have done.
I need to inform your honor as to the information on this.
We have gotten in contact with the Dade County Sheriff's Office
and there is a new gadget called a breathelizer which does not need
an expert and you breathe into and a red light goes on and we
suggest that it is the way the amendment should be prepared.
Mrs. Gordon: That's all right, we'll move it with that included
then.
Mayor F erre : There is a motion and a second with that change.
Any further discussion on the change of Sec. 13. Ca11 the roll.
Mr. Ongie, City Clerk: Mr. Plummer?
Mr. Plummer: Yes.
Mr. Ongie: Mr. Reboso?
Mr. Reboso: Yes.
Mr. Ongie: Reverend Gibson?
Rev. Gibson: Yes.
Mr. Ongie: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr. Ongie : Mayor F erre?
Mayor F erre : Yes.
On the ordinance presented to the Commission passed on first reading
with amendment inserted #1 thru #18 at the beginning of each section.
Rev. Gibson: Move.
Mrs. Gordon: Second.
Mr. Ongie: Mr. Reboso?
Mr. Reboso: Yes.
Mr. Ongie: Reverend Gibson?
Rev. Gibson: Yes.
Mr.Ongie: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr. Ongie : Mr. Plummer?
Mr. Plummer : Yes.
Mr. Ongie : Mayor Ferro?
Mayor F erre : Yes.
39
Mayor p erre: Now we are going back to the main full ordinance,
I* there any one in the public who wants to speak?
Mr. Kunst: 1 would just like to ask a question and I don't know
whether its been answered=already. 1 couldn't read it out of the
ordinance but it seems to me that there is a great deal of emphasis
put on drugs and alcohol. It seems to me that one very critical
problem is people who have already had diseases like hepatitis
and many years later, that blood is still contaminated and people
may forget it and give it and how do you check on people who have
already had disease?
Mayor F erre : Good point, or V . D. for example.
Mr. Kunst: Or that.
Mr. Antonocchi: According to both F .D.A. regulations and now the
County regulations prior to each plasma procedure, a person is
tested called the HAA which is for hepatitis and the V DRL which is
for venereal disease and the tests must be negative prior to that
blood being sold as a requirement.
Mr. Lloyd: I might also call attention to subsection 9 of our
own ordinance which the Commission is passing. Freedom from any
disease other than malaria etc. and freedom from history of viral
hepatitis and freedom from close contact within 6 months of any
person having viral hepatitis. It's already in the ordinance sir.
We have used the federal regulations.
Mayor F erre: Anybody else in the public wants to talk?
All right then, is there a motion to accept the ordinance as amended?
Rev. Gibson: Moved.
Mr. Lloyd: The Clerk should read the title of the ordinance.
Mr. Plummer: Seconded.
WHE IW PON THE TITLE CP THE ORDINANCE WAS DEAD BY THE CITY CLERK
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING THE CITY OF
MIAMI BLOOD DONORS BOARD; DECLARING THE FUNCTION
OF SAID BOARD TO INSURE THAT PERSONS WHO ENGAGE
IN THE SALE, BARTER OR EXCHANGE OF BLOOD OR SOURCE
PLASMA (HUMAN) WITHIN THE CITY OF MIAMI BE A QUAL-
IFIED DONOR AND OBTAIN A PERMIT BEFORE ENGAGING
IN THE BUSINESS OF COMMERCIAL BLOOD DONATING;
ESTABLISHING PROCEDURES FOR OBTAINING SAID PERMIT;
REQUIRING A PHYSICAL EXAMINATION BY AN INDEPENDENT
PHYSICIAN, LICENSES TO PRACTICE MEDICINE IN THE
STATE OF FLORIDA; ESTABLISHING FEES FOR THE
PROCESSING OF APPLICATIONS FOR COMMERCIAL BLOOD
DONORS PERMITS AND FOR.THE ISSUANCE OF SUCH PERMITS;
ESTABLISHING THE PROCEDURES TO BE FOLLOWED BY THE
BOARD AND BY PERSONS OR FIRMS ENGAGING THE SERVICES
OF COMMERCIAL BLOOD DONORS; ESTABLISHING RECORDS TO
BE MAINTAINED BY THE CITY OF MIAMI COMMERCIAL BLOOD
DONORS BOARD AND BY FIRMS EMPLOYING THE SERVICES
OF COMMERCIAL BLOOD DONORS; PROVIDING THAT VIOLATIONS
OF THIS ORDINANCE SHALL BE A MISDEMEANOR; AND PROVIDING
PENALTIES FOR VIOLATIONS; CONTAINING A SEVERABILITY
CLAUSE
40
JAN101974
i
Its
1915 WASNTAKENFUPSFoREI 'SNSECONDiAND Fne INALEREADINGGBYFTITLEMAND
R
ADOPTION, ON MOTION OF REVEREND GIBSON, SECONDED BY MR, PLUMMER,
THE ORDINANCE WAS THEREUPON GIVEN ITS SECOND AND FINA�YR BY
ppTITLE AND PASSED AND ,ADOPTED BY THE FOLLOWING VOTE - s
YS
I� ER�ONEE.BOSO, MRSI GORDON, REVEREND GIBSON AND MAYOR FERRE
SALT) I NANC'E....WAS .. DESIGNATED ORD i NANCE N0 . _ a224
16. ACCEPT COMPLETED WORK - ORANGE BOWL SPIRAL RAMP REeAIRSPHASE 2
The following resolution was introduced by Mr. Plummer who
moved its adoptions
RESOLUTION NO. 74-6
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED
BY C. A. DAVIS, INC., AT A TOTAL COST OF •85,192
AND AUTHORIZING A FINAL PAYMENT OF 420,797 FOR THE
ORANGE BOWL - SPIRAL RAMP REPAIRS (PHASE II)- 1973
(Here follows bodY of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
Passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso+ Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
17. ,ALLOCATE $8.134 FROM SANITARY SEWER BOND FUND TO MIAMI-DADE
. WATER & SEWER AUTHORITY-TRACY SANITARY SEWER IMPROVEMENT
The following resolution was introduced by Mr. Plummer
who moved its adoption:=
RESOLUTION N0. 74-7
A RESOLUTION ALLOCATING 48,134 FROM THE SANITARY
SEWER BOND FUND AND AUTHORIZING PAYMENT TO THE
MIAMI-DADE WATER AND SEWER AUTHORITY FOR RELOCATING
A WATER MAIN IN CONNECTION WITH THE TRACY SANITARY
SEWER IMPROVEMENT
(Here follows bodY of resolution, omitted here and on file
in the City Clerk=s Office)
Upon being seconded by Reverend Gibson, the resolution was
Passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOESs None
41 JAN 1Q1974
•
SOSA._TRACT _oIscusSION...
Mr. Plummer: Let me,,txPrtss a concern an this 20. especially
,addressed to Mr. Action,
George You have made ,tertain recommendations on Item 3 I believe
it Was. If you look, I have no obJections to the re -platting of
this Parcel of land but if you will also notice, in there, it is
tentative on a 2-acre site for a 9-stow apartment building.
I understand its zoned RC but I am getting back to the point that
I made originally that the density of this entire area.
I hope Mr. Acton that when you come out with recommendations such
as you have that you take such impact as this into consideration
because I think it is rapidly coming to a point where that N. W.
7th Street is going to be so damm crowded that nobody is going to
be able to get on it, so Mr. Mayor, I Just wanted to make that
caution known. I will be happy to second or make the motion to
accept it but I think this has got to be kept in mind.
MaYor Ferrer All right, there is a motion and a second, by
Father Gibson. Is there further discussion?
Mr. Plummets Wait a minute, Mr. Reboso Just brought up a good point.
Mr. Acton, a 9-story building almost adJacent to the airport, do
YOU know that?
Mr. SimPsons This is not in any of the strategic flight lanes.
They must comply with F.A.A. regulations.
Mr. Plummer: But its still adJacent to the airport.
Mr. Simpson: Its at 51st. If you recall, the north -south runway
has been officially closed now. Everything Is east -west.
The one years ago that was of a main concern at this location has
been officially closed.
Mr. Plummer: Mr. Mayor, I am going to move that this item be
deferred, that this item be submitted to the port authority for
their recommendations Now you know, we talk about doing something
about the airport, let=s see if we are realty honest and sincere
and lets move this thing be deferred until it be submitted to the
Port Authority for a recommendation. III move that.
I withdraw the original motion.
Mr. Reboso: Second.
A MOTION TO DEFER CONSIDERATION OF ACCEPTANCE OF
PLAT, SOSA TRACT AND THAT THE PLAT BE SUBMITTED
TO THE DADE COUNTY PORT AUTHORITY FOR THEIR REC-
OMMENDATION SINCE THE ACCEPTANCE OF THE PLAT
ADDRESSES ITSELF TO THE FUTURE CONSTRUCTION OF A
(9) STORY BUILDING S.E. CORNER OF N.W. 7 STREET
AND 51st AVENUE
Mayor Ferree Do you feel the same way about item 21?
Mr. Plummer: No, these are 2-story buildings. I don=t feel the
same way.
42 JAN 10 1974
The following rte 0 utiMM was introduced by Mr. Plummer who
ov*d it* ddootiof►s.
i
RESOLUTION NO. 74-8
A RESOLUTION ACCEPTING THE PLAT ENTITLED SOSA TRACT
ist ADDITION A SUBDIVISION IN THE CITY OF MIAMI,
FLORIDAI AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and MaYor Ferre. NOES: None
20. ACCEPT HIGHWAY RIGHT OF WAY DEED FROM GREYHOUND _LINES INC.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-9
A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY
DEED EXECUTED BY GREYHOUND LINES, INC., CONVEYING
FOR HIGHWAY WIDENING STRIPS OF LAND ALONG THE
SOUTHERLY_SIDE QF N,__E. loth STREET BETWEEN N.E.
1st and 2nd AVENUES AND ALONG THE WESTERLY SIDE OF
N. E. 2nd AVENUE BETWEEN N.E. 9th ST & loth STREETS
AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF
MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF
DADE COUNTY
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
Passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre, NOES: None
Mr. Plummer expressed opinion that Mr, Reese although no longer
here should be congratulated for his efforts concerning obtaining of
this Highway Right of Way Deed.
43 AN 7 01974
• •
21. ELME.. DADE,.._COUNTY. FR01-GO AN 1ELIIK 755 En, DISCUSSION
Nr. V. Grimm. Dir.Pub Wks.Dpt.s Mr. Mayor. I would like to suggest
11 amendment on this resolution to require the developer to hook
into the existing *?twat system.
As it stands right now. we are releasing the insurance the City has
on the Force Main & Pump Station. If something should happen to it
in the future. the Citvs liability will be not Protected but by
requiring the hook into the sewers that are now available. this
whole thing would become academic.
Mr. Plummer: Well this is now a turnkey protect. right?
Are we requiring Metro as well as everyone els:. to do the same thing
or are we Just making a soecial case for MetroV
Mr Grimm: At the time the insurance requirement was placed. there
were not sanitary sewers available so they had to run a force main
and a PUMP station to the existing sewers. Sewers have now beeen
provided right adlacent to them and a lateral.
Mr. Plummer: So what YOU are saying is. the insurance stays in
effect until such time they have tied to the sewers and we will
release the insurance.
I will accept the amendement.
Rev. Gibson: Seconded.
Mayor Ferrol: Motion and second as amended. Any further discussion?
Mr. Plummer: Wait a minute. the Law Department says we have to re -do
the resolution.
THE MATTER WAS TEMPORARILY DEFERRED
22. ACCEPT REPORT FOR DOWNTOWN ZONING PLAN & AUTHORIZE PAYMENT
Mr. Plummer: Mr. Mayor, I would like to ask the City Manager.
Nowhere have I seen a total cost on this thing and before I approve
such a resolution. I would want to know what the total cost is to the
City.
Mr. Andrews: *87,000 was the contract that -
Mr. Plummer: In other words. you are telling me that they have
completed the study under the terms of the contract for the stipulated
amount.
Mr. Andrews: Correct.
Mr. Plummer: We accept the report in principle. correct?
MaYor Ferrel No. no. lets not get into that. We are not accepting
the contents of the report. All we are accepting is that the report
has been completed and that we accept it as completed and we are
going to pay for it.
Mr. Andrewss Legally. we are accepting the work accomplished by the
consultants.
Mayor Ferree We are notaccepting what the report says at this point.
That is Oat we are going to have public hearings on.
I want to make sure that is clear. I dont-want to go on record.
We also have reports as with the Doxiadis Report and many of these
other reports and that weans this Commission goes on record accepting
the conclusions of that report. I want to tell you that this City is
still bound by that. I want to Point that out to You. Nobody has
ever reversed what we did with the Doxiadis Plan.
44
JAN 101974
Rtv..Gibbo n WO and #Cteotifd the work done but not the tarrying
out.
- Mgyor Ferrel There is atotion and second. Further discussiont
tail the roll.
Thereupon the following resolution was introduced bY
Mr. Plummer who moved its adoptions
RESOLUTION N0. 74-10
A RESOLUTION ACCEPTING THE REPORT OF THE CONSULTING
FIRM OF WALLACE, MC HAM ROBERTS AND TODD ENTITLED
DOWNTOWN MIAMI 1973 - 1985. AN URBAN DEVELOPMENT AND
ZONING PLAN; AND AUTHORIZING THE PROPER CITY OFFICIALS
OF THE CITY OF MIAMI TO DISBURSE FUNDS'NOW DUE ON
THIS CONTRACT
Mere follows body of resolution. omitted here and on
file in•the City Clerks Office)
Upon being seconded bY Reverend Gibson. the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso• Mrs. Gordon. Reverend Gibson and Mayor Ferre. NOES: None
23. CLAIM SETTLEMENT - MARGUERITE BAKER
The following resolution was introduced by Reverend Gibson
who moved its adoptions
R4OLUTION NO. 74-11
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO MARGUERITE BAKER, WITHOUT THE ADMISSION
OF LIABILITY• THE SUM OF $200.00 IN FULL AND COM-
PLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY
OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED
BY HER, UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Plummer. the resolution was
Passed and adopted by the following vote - AYES: Messr. Plummer,
Reboso+ Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES, None
45 JAN 101974
EPERGEKYARCHAISE. AIR COBITIONING _,nUC _.WORK
The following resolution was introduced bY Reverend Gibson
who moved its adoati*t
RESOLUTION NO. 74-12
A RESOLUTION AUTHORIZING AND APPROVING THE CITY
MANAGERS EMERGENCY PURCHASE OF AIR CONDITIONING
DUCT WORK FOR THE CITY TAX AND LICENSE OFFICE
FROM FUNDS AVAILABLE IN ACCOUNT ENTITLED
SPECIAL PROGRAMS AND ACCOUNTS IN THE AMOUNT OF
*1,895.00
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer, Reboso•
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
25. AWARD BID - THREE MODULE TYPE RESCUE VEHICLES
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-13
A RESOLUTION RATIFYING THE ACTION OF THE CITY
MANAGER IN ACCEPTING THE BID RECEIVED DECEMBER
7, 1973, FOR FURNISHING THREE (3) MODULE TYPE
RESCUE VEHICLES AND OPTIONAL EQUIPMENT FOR THE
RESCUE DIVISION FROM GRUMMAN HEALTH SYSTEMS, A
DIVISION OF GRUMMAN CORPORATION, AT A TOTAL COST
OF t59,996.00
(Here follows body of resolution, omitted here and on
file in the City Clerks office)
Upon being seconded bY Reverend Gibson, the resolution was
Passed and adopted bY the following vote - AYES: Messrs. Reboso,
Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
JAN 101974
a
26... L1APPO. APPOINTMENT TO URBAN DEVELOPMENT_ REVIEW WARD- WILLIE BORROTO
Mayor'Ferres This it to fill the vacancy created by the resignation
of Lester Pancoast and is'rou Just review this, there was a list of
people submitted to us by South Florida Chanter of the American
Institute of Architects and we did not move on that because we
noticed that there were no minorities represented and we thought it
would be aaproariate to have essentially either a woman, a black
or a latin. We then requested the A.I.A. to take that into con-
sideration.
In my conversations with Mr. Henry Rizzio+ the very capable President
this year of the A.I.A., he mentioned to me that he realized the
importance of that and that he would take that into account.
I have noticed that in the submission of these 3 names+ there are
no women. I don=t think any of these gentlemen are black and I
dont think any of them are latin+ so we are back to where we were
before.
Now legally+ we are required to request from the local Chapter of
the A.I.A. that they submit names but we do not have to utilize
the names that theY recommend.
I would strongly urge this Commission that we select either a latin
or a black.
Mrs. Gordon: How about a woman?
Mr. Plummer: They have latin women and black women.
Rev. Gibson: Why don't we specifically+ we may not want to Put
it in writing+ respectfully suggest to them that they keep this
in mind and recommend.
MaYor Ferrel We have already done that.
Rev. Gibson: And they still didnt do it?
Mayor Ferret Thats right. We are on our own.
Rev. Gibson: Let me ask so I can be clear. They didnt Plan to take
into consideration what we said?
MaYor Ferres That I havent asked them+ now let me tell you the
conversation. As you remember+ there was a discussion about
Mr. Willie Borroto who has been the recepient of several awards and
a very well known architect in our- midst who happens to be latin.
Since that name was mentioned at the Previous meeting+ I asked the
the President Mr. Rizzio about Mr. Borroto specifically and he said
well he is a wonderful architect and he certainly would be a wonderful
nominee but unfortunately he is not a member of the A.I.A. and we
can=t recommend except from our midst.
Now I would very respectfully Like to submit and I am going to do
so in writing to HenrY that the A.I.A. has a fiduciary responsibility
that this is not a social thing. They cant say theY are Just going
to recommend Just somebody from within their midst.
They have to recommend an architect who is capable of serving with
distinction. Even if he isnt a member of their society.
The point I am trying to make is we gave them ample opportunity to
recommend to us a woman+ a black or a latin and that hasnt been done.
At this point+ I think we are on our own.
Rev. Gibson: In order to be a member of the AIA. Let me Put it the
other way. The man has the training and the capability and the
qualifications. Is that right?
Mr. Rebosos He has received 2 awards.
Rev. Gibson' No+ nog no, I dont want to get into that. The man
has the training+ capability and the competence. He Just doesnt
have the badge. All right, I am ready to vote.
47
JAI 101974
•
The followingreeolution wee introduced by Mr. Reboeo who
Moved ite edobtions
RESOLUTION NO. 74-14
A RESOLUTION APPOINTING WILLIE BORROTO TO FILL THE
VACANCY CREATED BY THE RESIGNATION OF ARCHITECT
LESTER PANCOAST ON THE URBAN DEVELOPMENT REVIEW
BOARD FOR THE CITY OF MIAMI
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded bY Reverend Gibson, the resolution was
Passed and adopted by the following vote - AYESs Messrs. Reboso
Plummer. Mrs. Gordon+ Reverend Gibson and MaYor Ferre. NOESs None
In voting Mrs. Gordon commented she would vote with the motion but
regretted the name selected did not have the recommendation of the
A.I.A
In voting Mayor Ferris said he wished the record to reflect that
Mr. Borroto served with distinction in the Metropolitan Dade County
Planning and Zoning Board and has since resigned.
I also want to point out that the A.I.A.+ has itself seen fit to
award Mr. Borroto twice with an award for outstanding architect and
that the A.I.A. was respectfully requested to submit the names of a
feting black or a woman and that they have not done that.
He said the AIA was appointed as guides to the Commission but they
did not control who the Commission sees fit to appoint and hoped in
the future they would pay attention to our requests.
27. WAIVE RENTAL FEE - BFT..PK AUDITORIUM -SAVE HUMANITY ASSOCIATION
The following resolution was introduced bY Reverend Gibson
who moved its adoptions
RESOLUTION N0. 74-15
A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF THE
BAYFRONT PARK AUDITORIUM BY PEOPLE UNITED TO SAVE
HUMANITY ASSOCIATION ON JANUARY 15 AND 16+ 1974 FOR
HOLDING A MINORITY BUSINESS EXPOSITION+ SUBJECT TO
PAYMENT OF EVENT PERSONNEL, LIGHTS+ INSURANCE AND
OTHER DIRECT COSTS CHARGED BY THE CITY
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mrs. Gordon, the resolution was Passed
and adopted bY the following vote - AYES, Messrs. Plummer+ Reboso+
Mrs. Gordon+ Reverend Gibson and Mayor Ferre. NOES, None
48
. '. URGE METRO_DLIZCADE. OF PROGRESS TO _EXP TE £ONSTIUCTION Of
StIFITS.._IN_ THE CITY. OE MIAMI
The following resolution was introduced by Reverend Gibson
who moved its adoptions
RESOLUTION N0. 74-16
A RESOLUTION URGING THE METROPOLITAN DADE COUNTY
COMMISSION TO EXPEDITE THE CONSTRUCTION OF THOSE
STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THEIR
DECADE OF PROGRESS BOND ROAD PROGRAM AND TO REQUEST
CERTAIN ROAD AND BRIDGE PROJECTS IN THE CITY OF
MIAMI AREA, AS LISTED HEREIN, TO BE INCLUDED IN THE
1974-75 STATE DEPARTMENT OF TRANSPORTATION BUDGET,
INCLUDING RECOMMENDATIONS MADE BY THE CITY OF MIAMI
FOR NEEDED ROAD AND BRIDGE PROJECTS FOR THE FOLLOW-
ING FIVE YEARS AND DIRECTING THE CITY CLERK TO
FORWARD COPIES OF THIS RESOLUTION TO THE PROPER
METROPOLITAN DADE COUNTY OFFICIALS
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Maror Ferre. NOES: None
Mr. Robert Kunst appeared and obJected to the Passage of the
Preceding resolution because he felt the Commission should not
encourage Metro to build more roads but rather the funds should be
event on bicycle paths and public transportation.
29. CLAIM SETTLEMENT - KONOFF. SMITH. FAY', SPOFFORD J THORNDIKE
The following resolution was introduced bY Mr. Plummer
who moved its adovtion:
RESOLUTION N0. 74-17
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO ACCEPT THE SUM OF 660,000.00 IN FULL AND COM-
PLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI
VS. KONONOFF, SMITH, FAY, SPOFFORD & THORNDIKE,
AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE A RELEASE RELEASING THE SAID DEFENDANTS
FROM ANY FURTHER CLAIMS AND DEMANDS ARISING OUT
OF THE DAMAGES TO THE CITY OF MIAMI COMPLAINED OF
HEREIN
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
UPon being seconded by Reverend Gibson, the resolution was
Passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso. Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: None
49
JAW 101974
t'v► cares.ctihn with the Preceding reso l utton--.--
1r. LloYda This is `;i`isettlement of a 7 year old cane.
Mr. Andrews. Mr. Mayor.,would you be kind enough to reed into the
record that It ie the Cos,iissions feelings that this *60.000 should
be reserved for development of that area when we try to convert it
to a Park.
Mayor Ferree That=s the incinerator.
Okay.
30. AGREEMENT WITH HOWARD-PRICE COMPANIES RE: WEST PINEMOUNT
SANITARY SEWER IMPROVEMENTS C & S - SETTLEMENT AGREEMENT
Mr. Lloyds Mr. Englund of Paul & thomoson is here on this. 'The
City Attorney recommends this and I believe Mr. Andrews -
Mayor Ferree Anybody want to saeak on this?
Mr. Lloyds Its not necessary. This is for a return of withheld
monies with the exception we are withholding $25.000 from it
and Mr. Englund on behalf of his client has agreed to for an overrun
in the contract.
Mr. Andrews' It is in order for you -to proceed with this.
The following resolution was introduced by Reverend Gibson
who moved its adoptions
RESOLUTION NO. 74-18
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO ENTER INTO AN AGREEMENT SETTLING ALL
CONTROVERSIES BETWEEN HOWARD-PRICE COMPANIES
(A JOINT VENTURE) AND THE CITY OF MIAMI PERTAINING
TO THE CONSTRUCTION CONTRACT FOR WEST PINEMOUNT
SANITARY SEWER IMPROVEMENTS SR-5233-C (CENTERLINE
SEWER) AND SR-5233S (SIDELINE SEWER)1 AUTHORIZING
A FINAL BAYMENT OF S72.416.39 AS A RESULT OF SUCH
SETTLEMENT AGREENENTI AND RESCINDING THE APPLICABLE
PORTIONS OF RESOLUTION 73-189 (MARCH 22, 1973)
ACCORDINGLY
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr, Plummer. the resolution was passed
and adopted by the following vote - AYESs Messrs. Plummer, Reboso.
Mrs. Borden. Reverend Gibson and Mayor Ferre. NOES' None.
50
JAN 141974
o
.:. PERMITARAMUSEOT RIDES ETC- M1NISIERS-1AYMU WI R
REGISTRATION COMITTEE OF DADE COUNTY.
The following resolution was introduced by Reverend Gibson
who moved its adoptions
RESOLUTION NO. 74-19
A RESOLUTION AUTHORIZING AND DIRECTING THAT PERMITS
BE ISSUED TO THE MINISTERS -LAYMEN VOTER REGISTRATION
COMMITTEE OF DADE COUNTY FOR THE INSTALLATION OF
AMUSEMENT RIDING DEVICES ONLY+ NOT TO INCLUDE ANY
AMUSEMENTS OTHER THAN RIDES+ AT 5801 N.W. 6TH COURT
IN THE SHELL CITY PARKING AREA+ FOR THE PERIOD FROM
JANUARY 21 THRU JANUARY 26+ 1974+ SAID AMUSEMENT
RIDES TO BE OPERATED IN ACCORDANCE WITH THE PROVISIONS
OF ORDINANCE NO. 72671 PROVIDING NO LIVING 9UARTERS
OF ANY TYPE WILL BE ESTABLISHED IN ANY OF THESE FAC—
ILITIES DURING OR AFTER THE EVENT; PROVIDING THAT
NO LIVE ANIMALS BE PERMITTED AS PART OF SAID OPERATION
FURTHER PROVIDING FOR PROPER TOILET FACILITIES FOR
USE BY PERSONNEL WORKING IN CONNECTION WITH THE
AMUSEMENT RIDING DEVICES; AND FURTHER PROVIDING THAT
PROPER TOILET FACILITIES ARE AVAILABLE FOR THE GENERAL
PUBLIC WHO ARE IN ATTENDANCE FOR THE AMUSEMENT RIDING
DEVICES+ AND THAT AT LEAST EIGHT POLICE OFFICERS, OR
AS MANY ADDITIONAL AS MAY BE DETERMINED BY THE CITY
MANAGER, BE FURNISHED BY THE APPLICANT TO PROVIDE
CROWD CONTROL SERVICES
(Here follows body of resolution+ omitted here and on file
in the City Clerks Office)
Upon being seconded by Mr. Plummer+ the resolution was
passed and adopted by the following vote - AYES: Messrs. Reboso+
Plummer+ Mrs Gordon+ Reverend Gibson and Mayor Ferre. NOES: None
32. PROPOSED ORDINANCE - INCREASE TO $4.500 MAXIMUM MARKET PURCHASES
WITHOUT PUBLIC ADVERTISEMENT OR FORMAL CONTRACT - DISCUSSION_ ONLY
Mrs. Gordon: Mr. Andrews' what amount is the present amount?
Mr. Andrews: •1+000 $or the purchasing agent and *11500• up to
the City Manager. In other words+ I can authorize the purchasing
agent to make purchases up to •1+500. This provision has existed
for over 25 years in the City Code and the adJustments recommended
in these 2 ordinances would increase it to *4+500 and I can=t even
begin to describe all the areas of improvement that would occur
if we have this latitude. The cost of commodities since this was
originally placed -
Mayor Ferres. About 1930?
Mr. Andrews: Yes Sir.
Mayor Ferree 1 guess from a practical point as a businessman+ in
1930 a thousand dollars was a lot of money and I think in 1930, a
thousand dollars was a lot more money than *4+500 is in 1973 and I
certainly think that not having this ability Just hampers the
administration tremendously and it cost us a lot of money. He
51
hal to 10 through .e protedur.e whih t think he would normally not
h tte ''to` go through.
'Mrs Andrews: That As - right.
Mr,; l l ummers Mr. Mstsr t will agree with you UP to a certain Point
end then t will dieser** With YoU.
t think that as far as Public bidding and things of that nature are
concerned. I will agree but the Point is anything over *1.000. I
think still should retain the control of this Commission to approve.
Mrs. Gordon: I agree with Mr. Plummer.
Mr. Andrews: Well then would you at least give me the opportunity
of at least coming back to you explaining your action if you limit
it to *1.000 from the standpoint of how much it costs.
:.Mayor Ferret Yes. come back.
Rev. Gibson: I move to defer.
Mayor Ferrel Just withdraw it and come back later.
Mrs. Gordon: A quick comment on that because in Your coming back.
you will have my thought.
For formal contract. thats another part of this. There is 2 parts
really you are talking about.
Mr. Andrews: These are not necessarily formal contracts. These
are purchases that the Purchasing Agent makes.
Mrs. Gordon: I know but you are talking about 2 separate things.
Mr. Plummer: I dont see why it cant be passed as it is and we
Just retain the control of any purchase over 101.000 has to be
approved.
Mayor Ferree let Paul Andrews come back with an explanation of
this.
33. AUTHORIZE MANAGER TONEGOTIATE CONTRACTS WITH ADMINI$TBATINE
ASSISTANTS FOR PERSONNEL
Mr. Andrews: There are 2 people that I am going to recommend to
the City Commission. I have sent a memorandum in reference to
this with all our efforts to recruit these 2 people. The 2
people interviewed were interviewed in the presence of Mr. Bob
Paulk and Mr. Kouchalokos of the Civil Service Board as Chief
Examiner. They concur in this recommendation and I would strongly
urge that the Commission move ahead and approve my negotiating with
these 2 people.
If in fact the negotiations are completed by the 24th, its proposed
they be employed under contract. I would prefer that they not be
employed under contract and I would use MY authority to appoint them
and appoint them in the office of community affairs we need to
create and assign them over to the civil service board office.
You will recall that these 2 people. one black which is Dr. Toomer
and one latin Mrs. Pando. are the 2 we are appointing who would
work with the Civil Service Office in reviewing the whole procedure
of the giving. the content of the examinations and helping them to
make sure there is no ethnic bias with the obJective that those
blacks and Satins taking examinations at entry level and promotional
level are not:accidentally discriminated against in the way the
examinations are given.
52 JAI 101974
i
Me, Piumreri PauIt do t understand here that YOU are asking for
the authoritation to ni*Otitate but that they will be working
out of and under the Civil Service Board System.
Atli. Andrews: Yes then will be resaonsible to me only through the
contract provisions Or through the appointment Provisions we have
inthecommunity affairs office and assigned over at the Civil
Service Office.
Mr. Plummer: Under those circumstances. I will do along with it.
The following resolution was introduced bY Mr. Reboso
who moved its adoption:
RESOLUTION NO. 74-20
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO NEGOTIATIONS WITH DR.JETHRO
W. TOOMER AND JOSEFINA SANCHEZ PANDO FOR A ONE-
YEAR CONTRACT ON A MONTH TO MONTH BASIS TO CONDUCT
PROFESSIONAL SERVICES FOR TEST VALIDATION IN SOCIAL,
CULTURAL AND ETHNIC AREAS OF THE CITYS TESTING AND
RECRUITMENT PROGRAM
(Here follows body of resolution. omitted here and on
file in the City Clerks Office)
Upon being seconded bY Reverend Gibson. the resolution was
passed and adopted by the following vote - AYES: Messrs. Reboso
Plummer. Mrs. Gordon. Reverend Gibson and Mayor Ferre. NOES: None
Reverend Gibson expressed the desire that the Civil Service
Board would examine the contents of the Booz-Allen Management
Study and express their feelings to the Commission in regard to
the possible implementation problems.
34. CONFIRM ELECTED (HERS OF THE CIVIL SERVICE BOARD
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-21
A RESOLUTION CONFIRMING WALTER HAGAN AND EDWARD JAREMKO
as MEMBERS OF THE CIVIL SERVICE BOARD OF THE CITY OF
MIAMI
(Here follows body of resolution. omitted here and on
file in the CitY Clerks Office)
Upon being seconded by Mrs. Gordon. the resolution was passed
and adopted bY the following vote - AYES: Messrs. Plummer. Reboso.
MRs. Gordon. Reverend Gibson and Mayor Ferre. NOES: None
53
JAN 101974
lijamalatilaim.mtaficamLiLialiwiEnthuLtaAta.
The following resolbtion was introduced by Reverend Gibson
who moved its edoationi . .
RESOLUTION NO. 74-22
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH THE UNIVERSITY OF MIAMI
SCHOOL OF MEDICINE - DEPARTMENT OF SURGERY FOR THE
PURPOSE OF PROVIDING MEDICAL RESCUE SUPERVISION
AS IT RELATES TO THE CITY OF MIAMI FIRE RESCUE
SERVICE, AND FURTHER PROVIDING THAT SUCH CONTRACT
BE SUBMITTED TO THE CITY COMMISSION AT THEIR
MEETING OF JANUARY 24, 1974 FOR RATIFICATION AND
ADOPTION
(Here follows body of resolution, omitted here and on
file in the City Clerks. Office)
Upon being seconded bY Mr. Plummer, the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and MaYor Ferre. NOES: None
Mr. Andrews announced that Dr. Eugene L. Nagel was retiring
and after discussion, a ceremonial resolution commending him was
read and presented which designated Thursday, January 24, 1974 as
Dr. Eugene L. Nagel Dar in the City of Miami.
Dr. Nagel addressed the Commission and received the resolution.
Dr. Lance Lesser of the University of Miami was introduced to
Vie Commission as the replacement for Dr. Nagel.
A certificate of appreciation was Presented to Mr. Al Marx.
At the conclusion of the above matter, a certificate of
appreciation was presented to Mr. Ron Fraser, University of
Miami Baseball Coach.
54 JAN 101974
AftilSEFE,NT .RIDING .DEVICE PERMIT MIAMY_ AEROSPACE ACADEMY
The following rnirnlution was introduced bY Mrs. Gordon who
coved its hdootione .
•
RESOLUTION N0. 74-23
A RESOLUTION AUTHORIZING AND DIRECTING THAT PER-
MITS BE ISSUED TO THE AEROSPACE ACADEMY FOR THE
INSTALLATION OF AMUSEMENT RIDING DEVICES ONLY
NOT TO INCLUDE ANY AMUSEMENTS OTHER THAN RIDES
IN THE BACKYARD OF MIAMI AEROSPACE ACADEMY LOCATED
AT 901 SOUTHWEST 1ST STREET+ FOR THE PERIOD JANUARY
25TH - JANUARY 27+ 1974; SAID AMUSEMENT RIDES TO
BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF
ORDINANCE NO. 72671 PROVIDING THAT NO LIVING QUARTERS
OF ANY TYPE WILL BE ESTABLISHED IN ANY OF THESE
FACILITIES DURING OR AFTER THE EVENT; PROVIDING
THAT NO LIVE ANIMALS BE PERMITTED AS PART OF SAID
OPERATION; FURTHER PROVIDING FOR PROPER TOILET
FACILITIES FOR USE BY PERSONNEL WORKING IN
CONNECTION WITH THE AMUSEMENT RIDING DEVICES; AND
FURTHER PROVIDING THAT PROPER TOILET FACILITIES
ARE AVAILABLE FOR THE GENERAL PUBLIC WHO ARE IN
ATTENDANCE FOR THE AMUSEMENT RIDING DEVICES+ AND
THAT AT LEAST EIGHT POLICE OFFICERS+ OR AS MANY
ADDITIONAL AS MAY BE DETERMINED BY THE CITY MANAGER
BE FURNISHED BY THE APPLICANT TO PROVIDE CROWD
CONTROL SERVICE
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Plummer+ the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer+ Reboso,
Mrs. Gordon+ Reverend Gibson and Mayor Ferre. NOES: None
Mr. Plummer cautioned Colonel Marina representing Aerospace
Academy that if they overcrowd the facilities and spill out into
the streets+ they need not apply in the future for such a Permit
and expressed his intention to inspect the carnival after it is
erected.
37. INSTALL TEMPORARY BANKING QUARTERS EFFECTIVE JAN 20, 197►1
FOR THE AMERICAS BANK
Mr. E. Robert Lewis appeared in behalf of an application by
the AMERICAS BANK for temporary quarters permit.
Mr. Lewis: We have a Problem gentlemen and Mrs. Gordon. The
Americas Bank has been in organization-
/0 name is E. Robert Lewis+ President of the Americas Bank+ a new
organization at S. W. 27th Avenue and Coral War.
55
JAN101974
.4
We intend to open the bank in February in a temporary trailer
attached to an existing building which is on the site at this
timer
-In the procese of the new Planning Board being constituted with
.flew,;rules and regulations, there was a delaY in obtaining approval
t sut the .temporary.traii,er end Occupy it•
-
Mr. Plummer: Sir. will you hold one Mr. Manor+ from their letter
of request this is the same thing we did for University Federal with
the same stipulations Sir+ we will give you permission at this time
subJect to the hearing at the Zoning Board.
If theY disapprove it, You have to move it. If theY dont disapprove
it, then it comes back up here for final okaY.
MaYor Ferret Is that all right Mr. Lewis?
There is a motion, is there a second?
Mrs. Gordon: Second.
Mayor Ferret Is there further discussion? Call the roll.
A MOTION GRANTING PERMITTION TO THE AMERICAS BANK
TO INSTALL AND OCCUPY ITS TEMPORARY BANKING QUARTERS
EFFECTIVE JANUARY 20, 1974 PROVIDED HOWEVER THAT THE
BANK WILL NOT OFFICIALLY OPEN FOR BUSINESS TO THE
PUBLIC UNTIL SUCH TIME THAT ALL NECESSARY REGULATIONS
OF THE CITY OF MIAMI FOR SAID OCCUPANCY ARE MET AND
FURTHER SUBJECT TO RATIFICATION BY THE ZONING BOARD
38. NOISE POLLUTION CONTROL DISCUSSION
Mr. Andrews: Commissioner Plummer wanted to discuss today the
Noise Pollution Control.
Mr. Plummer: Mr. Mayor, let me preface MY remarks bY stating that
I did meet Your requirements bY requesting permission 5-days Prior
to this agenda. Unfortunately it was not met by the agenda but the
request was in. There is no obJection to me proceeding?
MaYor Ferro: Go ahead. •
Mr. Plummer: Let me state at the onset today that the proposal which
I will ask this Commission to approve is that the legal department
together with the expertise which have not been delegated by the
State and State funding has been made available, it is hoped by
myself and I know by my fellow Commissioners that the City of Miami
which presently does not enJoY any kind of a noise pollution ordin-
ance which is effective and is in the works, with the machinery and
the technical know how will be able to afford itself the privelege
of 41. Establishing Ordinances through the help of State Funding.
2. Experts in this field will come forth together with our
legal department to draft ordinances as they would pertain
to the Miami area.
At such time as those ordinances would be drafted, the City of Miami
would then employ both the machinery and the know how to Put into
work the effective legislative program that is necessary to enforce
these ordinances.
Let me tell you that a world-wide problem of noise pollution is now
under consideration bY a treat number of people.
The federal government has recognized this problem and has given the
latitude to the States and to the Cities to enact their own
ordinances first but it has been so stipulated that if the Cities
and the Counties do not take advantage of this planning in drafting
their own ordinances, that the State, the Federal will come forth
and give a blanket policy of what You must do rather than exercising
the prerogative of doing and putting into works an ordinance which
would be drafted for South Florida.
56 JAN 101974
I�f•IibYliiilliW Ili6r l IIIiWilli
MY request of todaY Mr. Mayor* is that we give the latitude and
the authority to the City Attorney and if Mr. Andrews would like,
to:`tontact those experts in the field from F.A.U. university of
which I will supply the names and addresses and phone numbers to
COO* forth and to hill, the City of Miami draft the ordinances
th`ieh ark necissary.:: I Offer that in the form of a motion -
A MOTION TO GIVE THE LATITUDE AND THE AUTHORITY
TO THE CITY ATTORNEY AND CITY MANAGER TO CONTACT
EXPERTS FROM F. A. U. UNIVERSITY; NAMES. ADDRESSES
TO BE FURNISHED BY COMMISSIONER PLUMMER TO ASSIST
THE CITY OF MIAMI DRAFT APPROPRIATE ORDINANCES FOR
NOISE POLLUTION CONTROL
Upon being seconded by Mrs. Gordon+ the motion was Passed
and adopted by the following vote - AYES* Messrs. Plummer,
Reboso+ Mrs. Gordon+ Reverend Gibson and MaYor Ferre. NOES: None
39. DAY CARE FOR THE ELDERLY
Mrs. Gordon: Yesterday the special task force on Day Care for the
Elderly met and in addition to those persons who were appointed
by this board+ an additional 5 or 6 people attended who had a
sincere interest in the implementation of a Day -Care Program for
e lderly and I asked this Commission to appoint these additional
P eoPIa to the task force since they displayed the interest and
spent the time and the meeting which we deferred at 5 oclock is to
be continued again nextWednesday at 3 P.M. because the matters that
came out of this meeting indicated that the enthusiasm and the
desire to implement a day care Program within the City of Miami
is a very worthwhile and a very interesting program to these
people. So the names of those persons that I would like you to
appoint to serve on the task force who attended yesterday area
MRS. MOLLIE BRILLIANT
BARBARA HEIMAN
HILDA KOTLER
LILLIAN PASOUALI
AND ELLIE FELSTER
We had technical assistance there from Priscilla R. Perry and
drom Dr. Kenneth J. Smith with family medicine at the University
of Miami and Norma Lemberg. Division of Aging+ State of Florida
was there as a technical consultant.
These' technical consultants do not want to be Part of the task force
but they want to star with the task force in the capacity of
technical assistants.
I would like to tell you that Mr. Satinsky who we appointed to the
Task Force wants to be removed from the Task Force and Placed as
a technical consultant. He is with the United Fund.
That will therefore give us 4 technical consultants and a committee
of 14 Persons to continue the work that has been laid out for us.
I also would like to say that they recommend the name of the committee
remove the word FRAGILE and that this be available for all elderly
that desire to be in a day care Program.
I would move that.
A MOTION APPOINTING MOLLIE BRILLIANT+ BARBARA HEIMAN
HILDA KOTLER. LILLIAN PASAUALI. ELLIE FELSTER.
RAFAEL VILLABERDA AND DR. RAUL CUADRADO AND ARCHIE
HARDWICK TO THE COMP,ITTEE TASK FORCE ON DAY CARE FOR
THE ELDERLY AND PROVIDING FOR THE ELIMINATION OF
THE WORD FRAGILE FROM THE ORIGINAL NAME OF THIS TASK
FORCE COMMITTEE.
57 JAN 10197
the names of Villaberda and Cuadrado were added by Commissioner
Reboso.
the.name of Archie Hardwick was added by Commissioner Gibson.
Upon being seconded bY Mr. Reboso, the motion was Passed and
44o0tt.d bY the folio ind vete AYES: Messrs. Plummer, Reboso,
Ws* Gordon, Reverend Gibson and Mayor Ferre. NOES* None
40. _ _CONGRATULATIONS TO. THE IIIAMI DOOLPHIN,S
The following resolution was introduced by Mr. Plummer who
moved. its adoptions
RESOLUTION NO. 74-24
A RESOLUTION CONGRATULATING THE MIAMI DOLPHINS ON
THEIR UNPRECEDENTED 3RD CONSECUTIVE AMER/CAN FOOT-
BALL CONFERENCE CHAMPIONSHIP WIN WITH GREETINGS TO
THE OWNERS OF THE TEAM AND EACH INDIVIDUAL PLAYER
AND BEST WISHES FOR VICTORY IN THE UPCOMING SUPER
BOWL GAME
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was Passed
and adopted bY the following vote - AYESe Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOESs none
41. EXTEND INVITATION FOR SUPER BOWL TO BE PLAYED IN MIAMI IN 1975
The following resolution was introduced bY Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-25
A RESOLUTION AUTHORIZING J. L. PLUMMER, CITY COMM-
ISSIONER AND P. W. ANDREWS, CITY MANAGER, TO NEGOT-
IATE WITH THE APPROPRIATE PARTIES TO MAKE ARRANGEMENTS
FOR THE SUPERBOWL TO BE PLAYED IN THE ORANGE BOWL IN
MIAMI IN 1975, UNDER THE SAME TERMS AND CONDITIONS
AS PREVIOUSLY OFFERED FOR THE SUPERBOWL OF 1976
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded bY Reverend Gibson, the resolution was
passed and adopted by the following vote - AYESe Messrs. Plummer,
Reboso, Reverend Gibson and Mayor Ferre. NOES: None
58
JANl01974
In connection we Preceding resolution, Ffollowing Conversation-
4
l
Mayor Ferree I think that is is Proaer that the CitY of Miami be
Properly represented at the Super Bowl. I think it is very Probable
that the stadium in New Orleans will not be ready in 1975 as Promised.
therefore+ it is incumbent on the City of Miami to Prepare itself
and to try to Push to get .the Super Bowl in 1975 along with 1976
in Miami.
Now the man who did the Job for us back when it was done Previously
and made the Presentation was Commissioner J. L. Plummer and he is
on a Personal talking relationship with many of the Commissioners
and specifically with Commissioner Rotell and with many of the
people that make these decisions.
I think it is important that the City be represented by Commissioner
Plummer who is best informed and bY Mr. Andrews who of course
re.Presents the administration. Mr. Andrews and Mr. Plummer to do
the same Job that was done before to try to get the Super Bowl next
Year to Miami.
Mr. Plummer' When I made the Presentation in March of last Year,
we made it and accepted the promise for 1976 which we actually
bid on with a commitment from us that if New orleans was not ready
in 1975 that we would host it in 75 as well as 76.
Mr. Mayor+ I guess I would be the appropriate one to go back and
remind those people of the commitment.
BRIEF RECESS - 5 MINUTES
42. PERSONAL APPEARANCE — ROBERT KUNST
MR. KUNST: Bob Kunst+ 2773 S. W. 34 Avenue. We want to show you
this banner for what it looked like before being taken down but
to get into what happened over the weekend to show you what an
incredibly beautiful event took Place and Miami can be proud of.
We had contributions from Miami -Dade Campus+ Harrison Con-
struction Co in terms of equipment and stuff. We had 5 local health
food stores and restaurants who donated $1+000 worth of free food
and or Saturday do Sunday+ we served 1700 full dinners and by the way
the Park was sPotiessly clean afterwards so I cant tell you how many
extra people were there to Just get on with what was happening
without any confusion.
We had an incredible number of beautiful people like yourselves
Just opening UP and to let themselves go for 2 days and this was a
fantastic event and I would like you to know that we went around to
all the neighbors on both South Barshore and also parelling one
of the fingers of the park. Every one of them thought that the
City of Miami had approved this and said it was a great idea.
We had all of their cooperation. The only problem that we had
throughout the entire weekend was the fact that 3 Portosan toilets
which we had placed there was Picked up by the City of Miami so
we had in the neighborhood of 1700 to 2000 PeoPle who had no toilet
facilities.
Now why we are here today is simply to re-establish the fact that
there is no difference between us and you and J.L. lets face it+
a year ago you made a presentation and presented a key to the City
of Miami to Marishi -----------at Dade County Auditorium and the
Marishi is the founder of transcidental meditation which by the
way has been incorporated bY the Dade County School Board and Rose
we know how many times we have worked together on issues such as
the tree ordinances and what have you which I am going to bring
up a little later and Maurice I can remember when the 100th
anniversary of the Coconut Grove festival was down there and we
came down there to do a little thine about how the Grove was getting
ripped off by certain developers and we had a Parade and you said+
this is all right+ its part of the community+ so we dont feel that
there is anything that is different between what we •are doing and
what you have already done and are doing right now.
59
JAH *101974
We dont want to have feelings that things arent going well.
They are doing vary well.
Mr. Kunst then Presented newspaper accounts of the event
and requested the CitY to sanction the Portosans so the sanitation
Problem would not Mete,
Mr. Andrews: I am not opposed to the general uses of our city
Parks for recreational purposes as the art intended. What I am
concerned about that the City would take a Position where they
Permit this use that the popularity of this kind of an event could
grow to the Point and be taken care of in a neighborhood Park
where it was not envisioned that these kind of activities would be -
Mr. Kunst: Excuse me -
Mr. Andrews: On an expanded basis. This is not designated as a
regional Park as such. To Permit this I am very fearful would
cause very serious Problems as we move along.
I want to recommend to the City Commission that if they choose to
use the Park, problems mar ensue but that you do not grant them
anY special conditions which would at a later date cause serious
Problems.
Unidentified Man: Mr. Mayor, I would like to ask the City Manager.
I really dont understand the words - this kind of use.
It seems that Just our representation itself is very honorable.
MaYor Ferrel Mr. Andrews, let me ask you this question.
If the ladies and gentlemen that are here before us were wearing
business suits, white shirts and a tie• and they wanted to gather
at this park for the purpose of commemorating Peacock Day because
of the old pioneer family. Would we Permit that?
Mr. Andrews: I would answer that even though I think the Mayor is
trying to draw an anology. I will answer it in this way.
Yes, we would Probably permit it -
Mayor Ferret Wait, let me stop you. Then we have to ask the
question because what is the distinction?
Mr. Andrews: Because they are coming to the City for a specific
Permit to use the Park not for Just a 1-day event but this could
become a weekly, if not daily event and its not limited for a 1-time
event to 800 or 900 people.
They admit themselves that they had upwards of 1700 people. Now
what are they going to do if South Florida becomes known that you
are providing washroom facilities even though they are temporary and
you dont have enough and you start attracting Persons who enJoY this
sort of thing where it will grow to 3000. 4000 People and you are
in a neighborhood park. If you were in a regional park where we
had facilities to accomodate them, I would be haPpY to-
MaYor Ferre: Now address Yourselves to that problem and we may
find a solution. Dont go off on some other subJect.
Mr. Kunst: I would certainly hope that Miami would become the
love capital of the world because there is no amount of money the
T.D.A. can spend right now to get People down here. There is no
reason for People to want to come down here unless its the fact that
people can get along and they can love each other in spite of all
those problems.
Now what I am saying is that we can accomodate. We already did.
There is no problem with that. We art not calling people all over
the country to come down here. We are calling for People all over
the country to do it in their own back yard.
Why should they have to come to Miami to express their love and
affection for each other?
60 JAN 1019I4
What we are doing is showing an example that down here, it works.
If it works in MOM, it can work in Topeaka, Minneapolis or any-
where.
You dent have to coMO to MiaMi to get some love and affection.
•
Mayor Ferret Address Yourself to his Question -
Unidentified Man: Your statement, what.is going to stop this from
happening everyday, regardless of how we look, we all work and we
have to support ourselves and we have to buY food and we all know
the price of food.
I think that Just 'the remarks itself sort of show your feelings
about our appearance and lifestyle and I feel vary bad that this
should influence you.
The Council here, I have a lot of respect for. I have been to a
lot of council meetings in the City and I think these are conducted
extremely well. The City Manager• I dont understand. What is this
personal thing you have against us? We havent upset anybody. We
havent created any maJor problems. We violated a minor ordinance
of putting the sign up which is removed and our intentions are all
honorable. We are uorightine people in this community.
Rev. Gibson: Mr. Mayor. I think he is accusing or he has alleged
that the City Manager made a reference to the garb. That was the
MaYor, not the CitY Manager. The MaYor asked the Manager if these
people came in here in coat and tie, theta what he said, not the
CitY Manager and I Just thought I ought to defend him that much
whether I defend what is recommended or not is another story but
so we make sure that we dont place the blame on the wrong person.
Unidentified Man: The statement was not made Just from that one
comment about the garb. It was Just our Personal actions.
Mr. Kunst: I would like to clarify one thing. Its absolutely
emoting what we are arguing about. We really have a community of
people. Alt ages. All races. All groups. We didnt say blacks,
women and latins. We Just say the whole community. We got
together poured out all this energy to communicate with each other
and our total cost of the whole thing was $120.00 and we fed 1700
people to 2000 there and not a single darn problem.
If that isnt an example of how a community can do a thing for the
community. I dont know what else is.
I would be willing to bet it cost you more money to get a truck and
the manpower hours to remove the toilets than it cost us to put on
the whole bloody affair.
MaYor Ferret Somebody did that 2000 years ago on a mountain with
the bread and fish and all that and it didnt cost them $ 120.00.
Mr. Andrews: Mr. Mayor, I would like to respond to the gentleman
who raised the question of assumption in reference to my feelings
about the way people dress and the war they act.
I would turn the question around that you raised of me and say if
these people specifically cams to the CitY Commission and said we
want to use it for i day and we have about 800 people or so. I
would say fine, we will cooperate but theta not what they intend
to do. They came here indicating that theY are going to hold a
festival over a longer period of time, that they were going to have
many more people. This is a neighborhood park and I fear it is
:loing to getout of control. Its as simple as that. Now if we
Permit them to Put washroom facilities in there, they may not
purposely spread the word. The word will be spread by itself.
This will be a meeting place for the kind of activities. I think
theY are wholesome. They are very fine, but the right place should
be found if they want to use it on a 1-time basis using this park,
I would work with them.
61 JAN 10197
From the tit/ administrations Point.
Mr. Kunst: Mr. Andrews+ it seams a lot of people really feel bad
When_chrlstmae is over.
- It.4egms to me thatd •.lot of people really feel bad when christmas
is dyer because it ant, .comes i time a year.
Why shbuldnt christmab be tverydaY. Why do we have to devote 1 day
of the whole rear and 364;dais to misery?
Rev. Gibson: I told MY wife. I am going to have christmas everyday
but I dont have that festivity everyday.
Mr. Kunst: Well You are invited-
Rev.Gibson: I decide that if I am going to give a gift, I feel
that way, I do it there and then and I dont have i0,000 People
around me to help me celebrate that I am going to give that one gift
since You used christmas. Now Bob You and I are friends and I
understand where You are going. I have an obligation to You and
I have an obligation to the other Paoli' too.
We have our problems. I think that out of fairness, the City Manager
said if you came in and said I want to use it 1-time, he said he had
no problem. I hope we dont take the gamble of letting happen in
this county what haooened in Ft: Lauderdale in Broward.
I understand man.
Mr. Kunst: I am sorry but you dont.
Rev. Gibson: Let me tell You something. I understand more than
You because you dont have the same problem I have all my life and
still have. Thats whY I understand it.
Mr. Kunst: We are beginning to feel some of that same kind of
discrimination.
Mayor Ferret You have been feeling that for a long time.
Not all of You, but You have.
Rev. Gibson: Right.
Unidentified Person: I would like to make Just a few points.
First of all it is our understanding that it is the obligation of
the CitY to provide permanent toilets facilities in that park
anywaY. because it is going to be used by the Public and when the
Parks for People Program -
Mayor Ferrel Let Paul answer that.
Mr. Andrews: There is a master plan that the Commission is aware
and the master plan has been adopted by the City Commission which
provides for washroom facilities to be located in that park.
They have not been constructed. As You are aware, if the land was
acquired within the last 6 months. The Commission was anxious to
make the park available to the public. Minimum facilities were
provided so the public could use those and it was fully recognized
at the time You had public hearings on that matter that all of the
facilities contemplated would not be in place for maYbe some time.
Mayor Ferree What would Your estimate be Paul, in your estimation?
Mr. Andrews: I hate to be pessamestic at this stage but its going
to take at least 2 Years to get some of these things accomplished.
Unidentified Mans For a toilet?
NaYor Ferree Not A toilet -
Mr. Andrews: Not i, but to get the facilities underway. Now if You
saeak of a toilet from 6 months to arear.
Mr. Kunst: Well in that case, I think our section of the community
ought to be commended for Placing facilities in the park so Quickly
when 3 Portosans would at least serve the needs of the community
until such a time as the City-
62 JAN101974
Mayor Ferree You are commended.
Unidentified Mane Thank your now I would like to mention a couple
of, Points. I am glad that we are relating More positively to each
other now because I was starting to feel -
Motor Ferree well* I'was Just so surprised Al because I thought
YOU were so full of love-and now I see you are alittle antagonistic.
Now everybody else seems tb be full of love around here.
Unidentified Man: No really, it took me 2 hours of sitting here
calm and peaceful before I really started getting angry but I want
to Just point out a couple o.f things in reference to this that
Perham; are not in general awareness.
Further 'discussion
Mayor Ferris Now if I understand You right. You want a permit to
use the Park on a continuing basis.
Mr. Kunst: Officially for the next 2 weeks . We have already
done 1. Just for the next 2 weeks.
MaYor Ferre: And what the Manager is saying is that a one time
type of a permit could be granted for a specific purpose but that
he does not see how we could grant an open end type of a permit on
a continuing basis. Have I stated both sides correctly?
-Mr. Plummer: Mr. Manor. do I infer from your remarks that you are
going to permit this for 2 weeks?
Mayor Ferree No. I am Just being friendly but you dont know how
I am going to vote. I am Just 1 out of 5 here.
You express your opinion and I will explain mine.
Mr. Plummer: First of all. for a comment to be made that we dont
want this type of activity or dont want to participate 1 think is
a verY wrong statement to make. I can remember very well down in
Coconut Grove when Dave had his free lunch. that this thing grew
to such proportions that it was unreal.
Bob. you cannot stand here in front of this Commission and deny
for one minute that this thing could not grow to the proportions
of 5000 people. Its conceivable. Very conceivable.
Now I think we have to look at it from that standpoint. If in
fact. it were in this next 2 weekends. and if we gave you the
permission of a permit, you would have the right to advertise to
draw people to this area.
I think that there is no way that that area could stand some 5000
People. I think that the thing would Just grow out of proportion
to where nobody could handle it.
Let me finish Bob. I listened to you.
Second point is. I will still reiterate. I think I made the point
2 weeks ago and it needs to be done again. I think this City should
help you. It is a worthwhile venture.
I think as the Manager has said. There is a time and a place for
everything. I still see nothing wrong -
Mr. Kunst: I'didnt say that at all -
Mr. Plummer: The Bible said that, all right. I said it, there is
a time and place for everything.
I think that Virginia Key of the City owned property is the most
logical, the most probable Place for such an event to take place.
There is no one to be offended in any way shape or form. You can
make all of the noise you want and hopefully you will help the
ecology by cleaning the area up and I still think that the MAY has
Put forth and volunteered to you a place to hold a festival that
would be appropriate. Now that is my remarks.
63 JAW 1019?4
YW111iiIIIi IYi1lIIY7
Wi11YliYi��y1YYf W IYYifMWIiGI �uilYl mlifi Ili �ilu
•
Mr. Kunrte txceft that it is not a cofmlmunity Park. In the context
of ba$. Ey thin re shorldnt have to go out and waste des trying to
*tt tb'llIrdinis ilex when its not in the Commmunity.
rirst' 0f all. there f . no way to etop the event. The event has
,: etr tsdY beth pub l itiilte;d+. ' Let me ifinish•
-
' Morse' Ferree You make ydu;r'statement and maks it quick because
.we are going to run out of time.
Mr. Kunst: The event has already happened. Its happening now
and it will heaven in the future. Its already there.
There is no stooping that.
Mayor Ferree So what are you here fort
Mr. Kunst: We are here for is so that You will Provide the Permit
so we can Put in other facilities (toilets) the People will be out
there Mr. Plummer. The People will already be out there. all of
the community. The question we want to be able to not have them
impose uaon the neighbors by asking to use toilet facilities or
fake bushes or enriching else.
Mr. Plummers Bob. listen. we can kid each other but You remember
and I remember the situations that happened in the Grove and if
You Put 5000 People and its conceivable. We both agree to that,
the first thing You are going to have down there is a eolice hassle
and when You do the whole thing is coming back to rest on this
Commission.
Mr. Kunsts First of all. the Police were down there and the Parks
people were down there and we had nothing but beautiful comments
from everybody. Now wait a minute, let me finish -
You have 100,000 People coming down to Coconut Grove for an arts
festival. no one gives 2 cents for it because you think its all
good for Publicity.
All the facilities in Coconut Grove are available for 100.000
people for an art show. You dont talk in terms of 5.000.
Now we have Provided Parking facilities over at Dinner Ker.
We Provided a shuttle to take people from Dinner Ker to the park.
There is not a Parking Problem. There is no problem with the
neighbors. There is no Problem with anything. anywhere.
The only thing we want to do is to give us the legal right so that
if there art toilets there. we dont have them Picked up by the City.
Mr. Plummer, Well if you get the right to go there. somebody has
got to give You the right to put toilets in. Lets talk practical.
Mr. Andrews, We are using analogies here that dont fit and I dont
want to use those analogies and have them impress the Commission
so that they would move ahead on that basis and grant something.
I have attended every single Coconut Grove art Program. This is
going to be the 9th one coming up and the people who attend there.
come for 2 to 3 hours circulate and leave. They dont arrive in the
morning as the), stated and star all day. Some de.
They came before the Commission with a Program where they would come
in the morning and stay until the sun went down.
Now that, a different trot of Program in its entirety in dealing
with large numbers of People.
Mayor Ferre, Lets bring this to a head. We have discussed this long
enough.
Mrs. 6ordons Well we have to find some solution. They art going
to be there and they are going to need some sanitary facilities.
I would hose they would not have 5000 people and it wouldnt lead to
that but they are going to be there.
64 JAN 101974
Maser PdrrCould the City of Miami out sanitary facilities
ttslesrari1P In that parka
MP6 Atldrewss f think trou could.
Mayer Ferree Who it is hot d Y mean the a .ti2ens use it.
I think
Mr. Andrews" I think You could.
Mrs. Gordon" It would be a civic gesture.
Manor Ferret How many did You have the other day?
Mr. Kunst" How man, toilets?
We had 3 but could have used 5.
Manor FERREU Could we put up about 3 of those temporary facilities?
Until we pet the Permanent structure up in the next 6 months to a
Year,
Mr. Andrews' Yes Sir.
Manor Ferree Then what is it You have to talk about if we Put up
those temPorarylfacilities?
Mr. Kunsts Nothing, we would like You to be there and see for
yourself whets happening and let me offer You Personally if you would
like to get a good massage and I know Your Jobs a very tough here.
Rev. Gibsons See+ everYtime You talk You compound the problem.
Mr. Kunsts Im not talking bad. Listen, the body needs a rest after
awhile+ Father Gibson -
Rev. Gibson' You dont know when You win your case man. oh lord of
mercy. You arent a good lawyer.
Mayor Ferree Sit down Bob, You have already won Your -
Well hurry up.
Mr. Kunsts I am through with this issue but I have 2 others -
Mayor Ferree Mr. Andrews+ we are not going to grant these People
a Permit. I think that is the consensus of this Commission but
I think we ought to Put some temporary toilet facilities in the
Park during the Period of time before we have the Permanent facilities.
Does everyone agree with that?
Mr. Andrews' So there is a Point of clarity, for the event that
they are holding -
I am not sure of my grounds when you saw on a Permanent basis,
Permanent temporary, however you look -
As we develop Permanent facilities. What we had in the Orange Howl
was on event basis.
Mayor Ferres Now Mr. Andrews. Let me Put it to You this war.
We have a nice beautiful open green Park that is going to attract
PeoPIe. We as a government have the obligation to render services
in that Park. We have to Protect it. We have to be sure the .citizens
are safe there and we also have to give certain basic services.
Amongst which is sanitary conditions.
Now we should either close the Park or put up the type of facilities
so that people can use it. An, PeoPie.
Mr. Plummer. Let me tell you something Mr. Mayor because I guess
Mr. Andrews docent want to saw it and you werent around to know it
so let me tell you the facts of the matter.
The facts of the matter is that this Park was not going to be opened
until March or April but it was m, thinking and the rest of MY fellow
Commissioners that Mayor Kennedy had fought hard to get this Piec e of
dround into the Park system.
I Preyed upon the City Manager to Plight, dedicate this before
65 BAN 101974
Mayor Kenney left here since I thought it was only right that the
dedication should come while he was still Mayor.
The CitY Manager was reluctant that he didnt have things ready.
i �viil<�hot appropriate to do such and he finally pave in and said okay
.ws wi$ l have the dedication but its not approariats at this time so
"olsise dont bring this down on the City Manager any aspersions that
he lint doing whati right because he did it reluctantly to let us
get it open at that time so I think the record ought to be straight.
Mrs. Gordon: I dont think anybody is reflecting anythin g upon
Mr. Andrews with the comments we are making. We are facing reality.
The .park is open.
Mr. Andrews: I will look into tomorrow morning, if we can install
thetoiletfacilities as you suggested on the basis until such time
as we construct permanent. Im not sure that I can do that. i know
that we can have permission to do it on an event basis but I dont
know if we can Just out them there and leave them.
Mayor Ferree Well see if you can and that will be an incentive for
you to build those permanent facilities as quickly as possible.
43. ROYAL POINCIANA TREES - R. KUNST
Mr. Kunst: There was a recent article in the Miami HErald in the
editorial section about the Poinciana trees that are being cut down.
I was really disturbed being a native here. The paper stated, I
think very correctly that when South Miami Avenue is in bloom, it
is one of the most incredible streets in the world and I think we
have to take into consideration if we want to make an issue out of
this if this Commission is not .going to rescind on that -
Mayor Ferree On what?
Mr. Kunst: Some of the property owners on South Miami Avenue who
have all these beautiful Poinciana Trees on their property, dont
want to clean up from it and so they have gotten this Commission
to pass an ordinance to tear all those trees down -
Mrs. Gordon: What? We never passed such an ordinance -
Mr. Kunst: Wait a minute, I would like to be corrected on that but
the point is it was on the edotirial page -
Mayor Ferrel Would you believe there are certain newspapers un-named
that make mistakes in their editorial pages. Once in awhile.
Mr. Kunst: I think its great if you havent -
Mrs. Gordon: May I speak to this subJect?
First of all, I understand trees are being removed and you are not
the first person that has brought this to my attention in the past
few days besides the paper.
I believe that we need to look into this and ask You Mr. Andrews
to find out if in fact it is true that in the public right-of-way,
we ,are removing Poinciana Trees.
Mr. Andrews: No, to my knowledge, Just the reverse. We are Pro-
tecting them. We are the ones putting the cement where they are
decaying and cutting the limbs where they are getting toolow to
the sidewalk and doing everything we can to protect them rather than
seeing them come down.
Mrs. Gordon: All right then, its not true that we are permitting
the removal of any Poinciana Tress from the Public right of wars.
Now to Mr. Acton. I believe that you have been working on a
revision to the tree ordinance for some time now and I dont know
whether you concluded your study or not with the amendments but I
would like to recommend to you that even in R-i zoned land, that
Permits be required simply because trees of this type and the
concerns that wereJust expressed, are being removed and Perhaps
Promiscuously from Private residences and they do add to the beauty
66
JAN 101974
of the City and we ought to try to control it.
tf there is a situation where it ought to be removed. certainly a
•darit will be grantsdbut,in other cases then are being removed
silnp l y• because somebody.wants to remove them.
•Would you consider that, in your.. and try again to bring these amendments
to us as quickly as you'eat!.
Mr. Kunst: I would also aaareciate if. the City would make a statement
to the media about this -
Mayor Ferret Its made. I will make it for you. The City of Miami
stands for th3e Poincianna Trees. We want. to save them and keep
thsm. You are so instructed. Make double sure - triple sure that
uaon'our public right -of ways. that there is not one Poinciana tree
that is anyway affected. destroyed or hurt.
Mr. Andrews: I want to inform the Commission that we have wtttten
to the editorial of the Particular paper in question and informed
them of the Citys Position and of the Commissions concern.
44. DISCUSSION OF BOND ISSUE CONCERNING POLICE DEPARTMENT
Mr. Plummer: Mr. Mayor. I would like to bring up at this time.
I am trying to find the memo from Mr. Andrews.
Mr. Andrews, didl read it in the memo or did I read it in the
newspaper that one of the things that Chief Garmire is in this
seminar for is the discussion of the bond issue.
Did I read it in the paper or was it in your memo?
Mr. Andrews Not in my memorandum unless what you read was in
reference to the modernization of the department which is made
possible through the bond issue.
Mr. Plummer: Mr. Mayor let me make a point. I think its a Point
that some people better sit back and take notice of and I am putting
the administration.as well - Mr. Mayor. are you listening to this?
I have some very strong feelings and I am going: to express those
feelings at the appropriate time as it relates to the 20 million
dollars of the so-called MMPD and that is the 20 million dollars
that is directed to the bond issue for the police department.
I have in the Past made my thoughts known about the purchase of a
computer solely for the exclusive use of the police department.
I am going to make other comments known Mr. Mayor of my beliefs
that v err basically what Annette said. as you recall. I have asked
Chief Garmire prepare for this Commission. of which I received a
memo and I cant find right now. of all the additional monies that
he would need to bring this department UP to first class Position
to fight the crime in the way that he thinks it needs to be fought.
Now he indicated at that time either through inference or inuendo
that there would be a need for somewhere in the neighborhood of
a million to 2 million dollars.
Now am I in the same realm Mr. Andrews?
I only know of one Place to get that 1 or 2 million dollars and
as
Mrs. Eisenberg has said, we need to be concerned today not about
the year 2000 and Mr. Mayor I have held back waiting for this to
come forth. Mr. Andrews says he doesnt have the aPProPriate time.
Do you have that memo Mr. Andrews?
The Long and the tall of it is Mr. Mayor. I am waiting for the answer
from Chief Garmire as it relates to what he needs fully to bring his
department up to snuff. first class.
I want You to know where I am thinking that money is goings to
Costa from that bond issue so lets get the record clear and get it
abundantly clear that I dont intendto piss anything on that issue
until the first issue which to me is Paramount. has been resolved.
67
at#1 101114
Mr. Andrew's In fairness to Chief GarMirer he submitted his findings
111 a tilkelsfashion as resuested by the City CoM issi0n and presented
that resort to me. I did not have time the day of the Commission
l letihA to,.review it., I have reviewed it sinct and its under
,, 6-Coflsideration.
Mr. Pl ummers Paul, I am not putting anybody down. All I am saying
is whit I asked for,' if h(echeeded more time, fine but all I am
saying to You is, I don=t want people going off discussing -this
thing of what is going to be done with it until this Commission
has reserved that authority and right that is rightfully theirs to
say what is going to be so I think that has got to be paramount in
somebodYs thinking and I Just dont want it to go by the board.
-sr. Andrews. I want it real clear, clearly understood, that while
the Chief might make recommendations and those recommendations
which will eventually reach the Commission will be made through me
and while I certainly will give You the Chiefs recommendations,
they may not necessarily be the City Managers recommendations.
Mayor Ferree I understand. I get that loud and clear.
45. DISCUSSION OF PROPOSED ALTERNATES- PLANNING BOARD ETC.
•
Mrs. Gordon: Can I bring up a matter? I attended the organizational
meeting of the Planning Board last mondar night and I was very
gratified. TheY are a good Board and theY are going to function well.
I could tell you this. I noticed there was at that time, it became
more apparent that there is going to be a need for a change in the
ordinance that we passed because a portion of it that was in the
recommendations of the task force and the consultant, we had
eliminated+ not knowing for sure if we were going to need it or not+
and that is the alternates portion and so i called to Mr. Simpson to
give me some statistics and I have given each of You a copy of his
memorandum pertaining to the portion that I am going to bring up -
it is that a quorum for the transaction of business+ I am reading
from the ordinance, shall consist of 5 members and each item before
the Board shall require the affirmative vote of at least a maJoritY
of the total membership 'of the Board for passage.
In the absence of a full board, the applicant shall be allowed upon
request+ one deferral. End of quote.
Based upon this quote+ 1 absent Zoning Board Member could conceivably
cause a deferral of the entire agenda, should each and every applicant
so request. No there is only 7 on the Board Maurice and that means 5
are a.•quorum.
Unintelligible background conversation
Mrs. Cordons Ill read the portion again. In the absence of a full
board which means all 7 members, the applicant shall be allowed upon
request+ 1 deferral. Now its conceivable that someone could be sick
and its conceivable also theY may have a conflict of interest such as
the may own property nearby or whatever and if this be the case, its
not a full Board voting on it either.
Sol in order to overcome these Problems, the Task Force and the
Consultant provided for an ALTERNATE System.
MY request to You is that we go'back to the recommendations and
consider that again of including that portion which we deleted
when we passed the ordinance for the creation of a Planning and
Zoning Boards.
I Just want to call this to Your attention because it is going to
be a Problem and its one that we can avoid.
The Process for filling the vacancies on either Board must and there
is another reason. MaY I have Your attention Mr. Mayor?
The Process for filling the vacancies on either Board must by
ordinance, follow the same Process as used in the original appointments
made last month. A minimum amount of time for this Process would
be 6 to 8 weeks, during which time• a full Board could not sit in
Public hearing.
A 3rd conflict area would arise when one Board member feels he has a
conflict of interest as I stated before relating to the subJect
of the Public hearing.
68 JAN 10 i974
•
i alga Call to Your attention that Even if in fact the alternate
was Paid at the sates rate as a regular board member, the total
Coat to the Citr is still less than the amount that we were
Paying the Previous single Board that we had because you remember
we are now paying only *100.00 a month and the Previous Board
Mernbera were receiving *200.00 a month.
Rev. Gibson' How many members did you have?
Mrs. Gordon'
•1,800.00 per
*1,400.00 per
beneficial to
standpoint of
meeting.
Mr. Plummer'
We Previously had 9 members receiving a total of
month. We now have a total of 14 members receiving
month so we are actually in a cash position which is
the City but detrimental to the City from the
being able to complete the citys business at each
Are you finished Mrs. Gordon?
Mrs. Gordon' Yes.
Mr. Plummer' Mr. Mayor, this matter was discussed very thoroughly
once before. It was the decision bY a 4-1 vote at that time that
this was voted down {
I dont see any different position or any questions raised bY Mrs.
Gordon at this time.
I will agree with Mrs. Gordons suggestion at the last meeting when
I proposed an amendment that we give it a chance to see what it will
do and then after we give it a chance at the end of 1 year, we can
have a review and if needed, then we can make the changes at that
time and I think •that would be appropriate.
Mrs. Gordon: Mr. Plummer, out of 24 meetings in 1973, there were 8
absences which means that 1/3 of the meetings did not have a full
board.
I think this is imperative Prevent rather than Just cure and in a
case like this' you have no reason, that I know of, and you said
it was when we Passed it and I agree with you quite a lot of passing
to be done. We now have had a chance to stop and look and re{analyze
what we Passed.
Now if we see a Point that should be corrected, then why should we
wait until the cancer grows before we take it out?
I think the time to cure something is in the beginning and not
after the illness gets further ahead.
Mr. Plummer: I dont want to debate the issue. I made my points
before.
Mr.ErnY Fannotto: ErnY Fannotto, I am President of the Taxpayers
LEague Of Miami and Dade County.
I served on the Board for 3 years, I am not an applicant now and
I dont want to make anybody think I am speaking for myself but I
have seen groups here when there was absentees walk out of here
discontented and this has happened so many times.
People would get sick. There would be a death in the family.
Members would be on conventions. I mean time after time. It was
disgusting to large groups of People.
Now in addition to that, I say this here, you should have an alternate
member on each board and let him be here at every meeting ready to
step in. Let him get training so you will have trained members on
that Board. I think that its business and good business to have
somebody step in here so as to give the people 100% service and not
Just cancel items when you have too many items and you cant give
the People enough time that appear because you are overloaded with
items on the agenda.
Mrs. Gordon: Mr. Mayor, how shall we Proceed on this? I would
Like this portion brought back for consideration and for a vote:if
it fails, it fails but I believe that it ought to come back for
reconsideration.
Mayor Ferree Lets see what the consensus of this Commission is.
Now Plummer wants to wait for a Year.
69 , JAN 141974
Mr. Repose: In 1973+ I didnt have all thee, facts before me when
t voted the feat tile,. 1 think it dea,rves that we take another
look.
Mayor Ferrel Theta two opinions+ three opinions. ,Yours?
Mr. Plummer: Well is a Motion in order?
MaYor Ferree No we are talking now, Just discussion. Father what
is your opinion?
Rev. Gibson: Mr. Mayor in view of the fact that the people have
Just been appointed, I wonder if we, and we Just Passed the ordinance,
and we dont really know how its going to work.
I wonder if a year mar be too long. I Just wonder if we need some
time to let them stet organized and put them on guard that this is
what we are thinking.
Mrs. Gordon: May I make a statement that will help Father Gibson
understand why I am saying this.
This doesnt affect anybody that s on the board in any iota.
This only supplYs them a stand-in if they need one.
If theY require it, if they want it, if they are going to be out
of town and theY say, Ive got to be out of town, I want the alternate
to take my place for the night.
Rev. Gibson: Let me ask this. Do we, I hope -
Mr. Plummer: There have already been 3 amendments before. You are
Just going to water this thing down to where its going to not have
anything to do. We put into effect at the last meeting, Mr. Turner
am I correct? We put in a provision, a safeguard if you like, that
if a member misses more than 2 meetings, he was off the Board.
Mrs. Gordon: Yes but this doesnt change anything: Mr. Plummer.
Somebody could be sick and miss a meeting and God willing, they dont
be sick but suppose they are. Does the whole agenda have to be
deferred when there is an alternate there to stand in, there wont
be a deferment of these items.
Mr. Plummer: Are you going to make an alternate for the City
Commission in case one of us doesnt make it?
Mrs. Gordon: I think its an excellent idea. MaYbe thats something
that ought to be considered.
Rev. Gibson: No Ma am+ I am not going for that. I will go for the
Zoning Board but not for the Commission. They may create havoc for me.
Mayor Ferre: In other words, this is a pinch -hitter.
Rev. Gibson: Its a bull pen.
Mayor Ferree Now that we have discussed it, do you want to move its
Mrs. Gordon: Yes, I will move that we ask the Planning Department
to review the original recommendations and bring back by way of an
ordinance amendment, the portion that pertains to the alternates.
Mr. Plummer, You are asking for a study.
Mrs. Gordon: Nor I dont have a study. I Just want them to pick it
out of the original recommendations. There are 2 or 3 references to
it that have to come back for a vote of this Commission so if they
bring it back+ thats the time for a vote Yes or no will be cast.
Mr. Plummer: Okay• fine, I will to along with that.
A MOTION REQUESTING THE PLANNING DEPARTMENT TO REVIEW THEIR
ORIGINAL RECOMMENDATIONS AND BRING BACK BY WAY OF A PROPOSED
ORDINANCE+ THE PORTION PERTAINING TO ALTERNATE MEMBERS ON THE
NEWLY RESTRUCTURED PLANNING ADVISORY BOARD AND ZONING BOARD
70 JAN 101974
410
_RELEAS IETRO- bADECOMTY FM PARAGRAPH 1 F COVENANT_ ETC.
The following resolution was introduced bY Mr. Plummer
who moved its adootiorl$
RESOLUTION NO. 74-26
A RESOLUTION RELEASING METROPOLITAN DADE COUNTY
FLORIDA, FROM PARAGRAPH 11 OF A COVENANT RUNNING
WITH THE LAND FILED IN OFFICIAL RECORD BOOK 7555,
PAGE 302 OF THE OFFICIAL RECORDS OF METROPOLITAN
DADE COUNTY, FLORIDA, AND APPROVED BY CITY COMM-
ISSION RESOLUTION NO. 42779 PASSED AND ADOPTED
SEPTEMBER 9, 1971
(Here follows body of resolution+ omitted here and on file
in the City Clerks Office)
Upon being seconded bY Reverend Gibson, the resolution was
Passed and adopted bY the following vote - AYESI Messrs. Plummer,
Reboso+ Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOESt None
47'. REPORTS BY CITY ATTORNEY
A. ASTROLOGERS LICENSE
Mr. Lloyds First, we had a case involving an Astrologer License
Fee and the Court said that the license fee was unconstitutional
since it applied only to that Astrologer, the lower court, unless
otherwise authorized by the City Commission+ I do not intend to
appeal from that decision and I recommend that the City Commission
do Aothing and let the matter drop.
MaYor Ferree You mean we cant license astrologers?
Mr. Lloyds No it means we cannot apply the license to this one
particular astrologer which is the reason I suggest we do not take
the appeal. The license fee is all it is+ yes.
Mayor Ferree You will have to explain that to me someday but I will
accept your word.
B. HARRISON VS. CITY OF MIAMI
Mr. Lloyds That is a breach of contract action in the amount of
$852+000 brought bY Harrison against the City. He was one of the
contractors on contract B with Miamimarina. They have previously
demanded •852+000 in settlement. They have now demanded $200,000.
I do not recommend settlement of this. We cannot Justify that. I
propose that we go to trial on the case as originally scheduled.
Mr. Plummer: So moved.
Mr. Lloyds Not necessary to move it. This is Just a report to the
Commission.
70 4
JAN 101974
4R... it ntD: -_ CONCRFTE_POLES FOR_.MIAMARLHA SMANT LIGHTING
The following resolution was introduced by Mr. Plunwner
who Moved its adoption:
RESOLUTION NO. 74-28
A RESOLUTION ACCEPTING THE BID OF WESTINGHOUSE
ELECTRIC SUPPLY CO.. IN THE ESTIMATED AMOUNT
OF 419.630.50 FOR TERRAZZO CONCRETE POLE ASSEMB-
LIES AND MOUNT ASSEMBLIES FOR CONCRETE POLES FOR
MIAMARINA RESTAURANT - PARKWAY DRIVE LIGHTING-
19731 ALLOCATING THE AMOUNT OF *91631 FROM THE
ACCOUNT ENTITLED +CAPITAL IMPROVEMENT FUND -
UNALLOCATED FUNDS}; AND AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER FOR SAID POLES
AND MOUNT ASSEMBLIES
(Here follows body of resolution. omitted here and on
file in the City Clerks Office)
Upon being seconded by Mr, Reboso+ the resolution was Passed
and adopted by the following vote - AYES: Messrs. Plummer. Reboso.
Mrs. Gordon. Mayor Ferrel Reverend Gibson. NOES: None
49. AWARD BID - BRACKETS. LUMINAIRES. ADAPTERS AND LAMPS
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION N0. 74-29
A RESOLUTION ACCEPTING THE BID OF GRAYBAR ELECTRIC
CO.. INC. FOR BRACKETS. LUMINAIRES. ADAPTERS AND
LAMPS FOR MIAMARINA RESTAURANT -PARKWAY DRIVING
LIGHTING - 19731 ALLOCATING THE AMOUNT OF $10,232
FROM THE ACCOUNT ENTITLED CAPITAL IMPROVEMENT FUND
UNALLOCATED FUNDS: AND AUTHORIZING THE CITY MANAGER
TO ISSUE A PURCHASE ORDER FOR THE AFORESAID ITEMS
(Here follows body of resolution+ omitted here and on file
in the City Clerks Office)
Upon being seconded bY Mr. Reboso. the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer. Reboso.
Mrs. Gordon. Reverend Gibson and Mayor Ferre. NOES: None
JAN 10174
71
e
,
i
a
9
411
A u r ri _ MA tN :.._st t M ,STRUCTURAL 1EPAIRS .1974r.
The fdllowif,0 resolution was introduced by Mr. Plummer who
loved it. adootton)
RESOLUTION NO. 74-30
A RESOLUTION AWARDING THE NOVEMBER 2i+ 1973 >ED OF
GUNITE CONSTRUCTION AND RENTALS+ INC,' IN THE
ESTIMATED AMOUNT OF 910,54S, ALLOCATING FUNDS FOR
CONTRACT COST+ PROJECT EXPENSE AND INCIDENTAL
EXPENSE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson• the resolution was
Passed and adopted by the following vote-vAYESs Messrs. Reboso.
Plummer, MRs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
51. AWARD BID - FIRE HOSE FOR THE FIRE DEPARTMENT
The following resolution was introduced bY Reverend Gibson
who moved its adoptions
RESOLUTION NO. 74-31
A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 29.
1973 FOR FURNISHING FIRE HOSE TO THE FIRE DEPARTMENT
FROM THE MIAMI FIRE EQUIPMENT CO., AT A TOTAL COST
OF S19,574.00
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Reboso, the resolution was Passed
and adopted by the following vote - AYES. Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES* None
•
: BID . _-_. BUNKER EQUIRENt POR IIIE FIRE DEPART €N'
The following resolution was introduced bY Mr. Reboso who
moved its edoationt
RESOLUTION N0. 74-32
A RESOLUTION ACCEPTING THE BIDS RECEIVED NOVEMBER
291 1973 FROM MIAMI FIRE EQUIPMENT CO. FOR ITEMS
I+ It, do III AND FROM MORNING PRIDE MFG. CO. FOR
ITEM.IV. FOR USE BY THE FIRE DEPARTMENT, AS REQUIRED
FOR THE PERIOD FROM JANUARY 1, 1974 THROUGH DECEMBER
311 19741 AND AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE
PURCHASE ORDERS FROM TIME TO TIME FOR SAME, AFTER
FIRST DETERMINING THAT THE FUNDS BUDGETED FOR THIS
PURPOSE ARE AVAILABLE
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded bY Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso' Mrs. Gordon. Reverend Gibson and MaYor Ferri). NOES: None
53. AWARD BID - 500 TOTE CONTAINERS- DEPT. OF SANITATION
The following resolution was introduced bY Reverend Gibson
who moved its adoptions
RESOLUTION N0. 74-33
A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER
28, 1973 FOR FURNISHING FIVE HUNDRED (500) TOTE
CONTAINERS FOR USE BY THE DEPARTMENT OF SANITATION
FROM RUBBERMAID INDUSTRIAL PRODUCTS AT A TOTAL COST
OF 98.075.00 AND AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE
ORDER :FOR THE INITIAL AMOUNT
4.00000001.11.1110
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Reboso' the resolution was passed
and adopted bY the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and MaYor Ferre. NOES: NONE
73
JAN 1 o 1974
i
:
1
• •
The following resolution was introduced bY Reverend Gibson
who mbvsd its adootibi
RESOLUTION NO. 74-34
A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER
5, 1973 FROM SOU"CHERN MILL CREEK PRODUCTS FOR
ITEMS I+ III & IV AND WOODBURY CHEMICAL CO. FOR
ITEMS II & V FOR FURNISHING FERTILIZERS AND
HERBICIDES FOR USE BY THE PARKS DIVISION FOR THE
PERIOD FEBRUARY 1, 1974 TO JANUARY 31, 1975+ AT
A TOTAL COST OF *20,925.00
(Hers follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Reboso, the resolution was.passed and
adopted bY the following vote - AYES: Messrs. Plummer, Reboso, Mrs.
Gordon, Reverend Gibson and MaYor Ferre. NOES: Nona
55. AWARD BID - WINDOW CLEANING -CITY-WIDE BASIS
The following resolution was introduced bY Reverend Gibson
who moved its adoption:
RESOLUTION NO. 74-35
A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER
12, 1973 FROM NATIONAL WINDOW CLEANING CO. FOR
FURNISHING WINDOW CLEANING, ON A SCHEDULED BASIS,
FOR CLEANING WINDOWS CITYWIDE, FOR THE PERIOD FROM
JANUARY 10, 1974 TO JANUARY 9, 1975 AT A TOTAL COST
OF *3,361.00
MOO
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded bY Mr. Reboso, the resolution was Passed
and adopted bY the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
74
JAN 101974
AMIANbELEVATOR PIAINTENANCLCITY WIte3ASIS
The following resolution wee introduced by Reverend Gibson
who moved its bdootiofs
RESOLUTION NO. 74-36
A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER
12r 1973, FOR FURNISHING ELEVATOR MAINTENANCE. ON
A SCHEDULED BASIS. FOR VARIOUS ELEVATORS THROUGHOUT
THE CITY FROM MIAMI ELEVATOR CO.. FOR THE PERIOD
FROM JANUARY 10, 1974 TO JANUARY 10. 1975 AT A TOTAL
COST OF $5.940.00
(Here follows body of resolution+ omitted here and
on file in the City Clerks Office)
Upon being seconded bY Mr. Reboso• the resolution was Passed
and adopted by the following vote - AYES: Messrs. Plummer+ Reboso,
Mrs. Gordon+ Reverend Gibson and Mayor Ferre. NOES: None
57. AWARD BID - PEST CONTROL MAINTENANCE IN CITY OWNED_BUILDINGS
The following resolution was introduced bY Reverend Gibson
who moved its adoption:
RESOLUTION NO. 74-37
A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER
12, 1973 FOR FURNISHING PEST CONTROL MAINTENANCE
ON A SCHEDULED BASIS' FOR CITY -OWNED BUILDINGS
FROM ORKIN EXTERMINATING CO.+ FOR THE PERIOD FROM
JANUARY 9. 1974 TO JANUARY 8+ 1975 AT A TOTAL COST
OF ♦3+373.20
(Here follows body of resolution+ omitted here and on file
in the City Clerks Office)
Upon being seconded bY Mr. Reboso• the resolution was Passed
and adopted bP the following vote - AYES: Messrs. Plummer+ Reboso.
Mrs. Gordon+ Reverend Gibson and MaYor Ferre. NOES: None
75 JAN 101974
•
, _..AWARD BID_: -, itivAttlITION .. FOR THE ., _ IlEPARIMENT
The following resolution was introduced bY Reverend Gibson
who AOVtd it$ adoetitlft
RESOLUTION N0. 74-38
A RESOLUTION ACCEPTING THE BIDS RECEIVED NOVEMBER
26. 1973 FROM FIVE (8) VENDORS FOR AMMUNITION FOR
USE BY THE POLICE DEPARTMENT AT A TOTAL COST OF
•81.655.00
(Here follows body of resolution+ omitted here and on
file in the City Clerks Office)
Upon being seconded bY Mr. Reboso+ the resolution was passed
and adopted bY the following vote - AYES: Messrs. Plummer+ Reboso+
Mrs. Gordon+ Reverend Gibson and Mayor Ferre. NOES: None
59. AWARD BID L500 POUNDS OF FISH NETTING- DEPT. OF SANITATION
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION N0. 74-39
A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER
14+ 1973 FROM COMMERCIAL FISHING SUPPLY CORPORATION
FOR FURNISHING ONE THOUSAND FIVE HUNDRED (19500)
POUNDS OF FISH NETTING FOR USE BY THE DEPARTMENT
OF SANITATION+ AT A TOTAL COST OF $3+930.00
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded bY Mr. Reboso+ the resolution was passed
and adopted by the following vote - AYES: Messrs. Reboso+ Gibson+
Plummer+ Mrs. Gordon and MaYor Ferre. NOES: None
• 76
JAN 101974
•
60_... AWARDBID - %tcYCLEJACK AR POLICE DEPARTflat
The following resolution was introduced bY Mr. Rabaso
who moved it* adootionr
RESOLUTION NO. 74-40
A RESOLUTION ACCEPT/NO THE BID RECEIVED DECEMBER
20+ 1973 FROM HARLEY DAVIDSON OF SIAMI FOR FURN-
ISHING MOTORCYCLE JACKETS+ FOR USE BY THE POLICE
DEPARTMENT+ AS REQUIRED, FOR THE PE/ROD FROM
JANUARY 1+ 1974 TO DECEMBER 31+ 1974 AT A TOTAL
COST OF S21135.001 AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INSTRUCT THE PURCHASING DIV-
ISION TO ISSUE A PURCHASE ORDER FROM TIME TO TIME
AFTER FIRST DETERMINING THAT FUNDS ARE;AVAILABLE
TO COVER ADDITIONAL REQUIREMENTS AFTER THE INITIAL
ORDER
(Here follows body of resolution+ omitted here and on
file in the City Clarks Office)
Upon being seconded by Reverend Gibson+ the resolution was
Passed and adopted bY the following vote - AYES: Messrs. Plummer+
Reboso+ Mrs. Gordon+ Reverend Gibson and Mayor Ferre. NOES: None
61. CHANGE DATE OF FIRST SCHEDULED MEETING OF FEBRUARY 1974
The following motion was introduced by Mr. Plummer who
moved its adoption:
A MOTION CHANGING THE DATE OF THE FIRST COMMISSION
MEETING FOR FEBRUARY 1974 FROM FEBRUARY 14TH TO
FEBRUARY 7th
Upon being seconded bY Mr. Reboso+ the motion was Passed and
adopted bY the following vote - AYES: Messrs. Plummer+ Reboso+
Mrs. Gordon+ Reverend Gibson end MaYor Ferre. NOES: None
62s
DISCUSSION OF PROPOSED _CONTRACT. POR PURPOSE _OF
PREPARATION OF _ENTRANCE AND PROMOTIONAL EXAMINATION
PORR .', POLXCE DEPARTMENT
Mr. Andrews: Mr. Mayor and members of the Commission ap-
proximately 30 days ago at a Commission meeting I indicated
to the City Commission that we would begin the surveying of
professional firms to assist the City in carrying out the
provisions of the City Commission's resolution -and then fol-
i~lowing that the court requiremtns for repairing some of the
human resource examination within the Civil Service System
of the City for the Department of Police. As you will recall
your resolution and then the court decree which followed, pro-
vides the following, and I want to read this into the record
once again so that we start from a base of understanding.
The City shall within a reasonable time but not more then
12 months from the date of the final determination of this
case appoint an independent organization, a) to prepare
entrance and promotional examinations for the City Police
Department, b) to monitor to giving of these examinations
c)'to prepare a method for scoring examinations which in-
cludes giving weight to seniority, d) to score these exam-
inations. All such examinations shall be designed to measure
ability to perform the job being tested for and in addition
shall be so designated to have safeguards against any racial
cultural or ethnic bias. The independent organization shall
be hired by the City, Miami City Commission. The City Com-
mission prior to hiring the independent organization shall con-
duct a public hearing concerning the qualifications of the
independent organization. The organization employed by the
City shall be professionally confident to carry out the
intent and purposes contained in this decree. The plaintiff is
to reserve the right to object to the defendent's selection
of an agency where it is determined by the plaintiffs that the
agency is unable to construct and administer tests impartially
as evidence by the agency's history personnel and methods
whenever such objection is raised the ccurt shall be the final
arbiter. What I have accomplished is to communicate with 9
organizations including the University of Miami and the
University of Florida, in the hopes that we could find one firm
among this group that would have the particular qualifications
that'we're seeking and,that the court is looking to and that
the plaintiffs are looking to, to provide the kind of inquiry
and establishment of examinations that would follow. We re-
ceived 7 proposals and I screened those very carefully and
concluded that there 3 firms that most nearly met the qualif-
•ications that we were trying to establish and these 3 firms
were the Industrial Relation Center, University of Chicago,
Chicago, Illinois, Educational Testing Service, Princeton,
New Jersey and the-personnelResearch and Development Corpora-
tion, Cleveland, Ohio. I communicated then further with these
3,I'11 call them firms, and I'll get into better identification
of theca, firma with the idea that they would send a representative
and whatever documentation they sought to bring with them I
did not tout them into the kind of materials they were to bring
along because one of the values I place on an interview process
is to see what the consultant does with theme ')to establish
their credentials. About 10 days ago, I'm losing track of time,
approximately 10 days I had such a day long meeting and spent
time with each of these consultants interviewing them, going
over their qualifcations and having accomplished this I con-
78 JAN 1.01974
•
eluded that the Industrial Relation Center, University of
Chicago was well qualified and were in a position to render
the kind of service that is needed by the City of Miami.
Having arrived at that decision I then communicated with the
City Commission through memorandum dated January 7th, out-
lining little bit of what I've already told you, but in addi-
tion to that I had on Monday of this week informed the plaintiffs
and their attorney, a latin police officer, the Committee of
Lieutenants Captains, the Fraternal Order of Police Lodge
No. 20 and the Civil Service Board Chairman asking that they
be present to participate in this discussion because I felt
that in the presentation of the credentials of those from
which you are about to hear should be made available at the same
time these groups so that if there is any serious question
the Commission would be in a position to ask these groups if
the§-fiave any serious objection. I want to know about it now
before you would authorize me, if you so choose, to negotiate
with this firm in establishing a contract. They are here and
they, ---yes they're going to make presentation to you Mr. Mayor,
but they can all stand if you wish.
Mr. Plummer: Jesse, are you representing one of the groups?
No, no, no we're speaking about the 3 groups that have been ---
How many of the groups are here?
Mr. Andrews: I've only .invited one because of the expense
involved. All three of them made one trip to Miami from
places throughout the United States and these people have
comae back for a second time now to appear before the City
Commission and it's my recommendation that they be considered and
you can evaluate that.
Mr. Plummer: Let me ask you this question. Mr. Andrews, I
don't know who these people are? What group are they of?
Mr. Andrews: I'm going to introduce them.
Mr.Plummer: Do you know where they come from?
Mr. Andrews: University of Chicago.
Mr. Plummr: That is the one that you recommend.
Mr. Andrews: Yes.
Mr. Plummer: All right sir. I think as a Commission, first
of all Mr. Mayor I've already made my thoughts known to the
City Manager we have a disagreement that I don't feel that is
a proper public hearing at which is so stipulated in the
final edict of the court and I personally would not want to
vote today on anyone until we have had a full,what we know
to be a regular public hearing. That is advertise in the
paper, in the appropriate papers put over to the media, and
then we would have a selection, but Mr. Andrews, let me say
to you Sir, I can only assume that these three groups, in your
estimation. even though you had to choose one, are acceptable
to the City or to you or 'meet the criteria set forth by the
Court Order. Is that correct?
Mr. Andrews: You're putting me in a position and I don't want
to do that. I would say that if you, let me do this, I would
say that if you choose for whatever reason not to make the
selection then I would like to do more surveying before I make
another commitment
79 JAN 101974
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Mr. plir: Ail right, well let Me tell you what I'm getting
at. What the basis of my question is and maybe this will be looked
et in the wrong light but damn it I think it's a consideration
and that's cost. Now how do I as a Commissioner know the dif-
ference between number one, number two and number three, and
I think that'sconsideration, like it or not. What is three
going to charge, what is two going to charge, what is one going
to charge? --because you know that's all part of the ball game.
Mayor Ferre: I'll tell you what let's do, these people have
flown down here from Chicago I assume. Let's listen to them.
Mr. Plummer: Mr. Mayor, I don't want to_put anybody at a dis-
advantage and if that the group from Chicago well and good.
What I'm telling you Mr. Mayor, is that I don't want to put
anybody else at a disadvantage, and I think if presentations
are going to be made before this Commission I think all three
groups should be here if they wish, to make their presentations
at a regular type of public hearing that we normally hold.
One of the questions that I would want to know from each group
is, they know what's spelled out in the court order, how much
is it going to cost the City to comply with that court Qrder
if your group is selected? Now I realize we've got to take
other things into consideration about the group or the in-
dividual group but you know the City has got to pay for it
and I think that is one consideration that has to taken into
consideration. They always, the plaintiffs reserve the right
to take it back to the court if it's not happy with them so
we;re not precluding any rights or authority that they have
but hopefully we can get a good group and you know it'll be
a group that we can afford. I'm saying hopefully, so Mr.
Mayor, what I'm saying is this, I don't feel that it's right
to hear any one group or give any advantage to any one group
today. I do feel that it's right that we should hear all
three of the groups at the same time at a regular hearing and
then let's make our decision, that's one Commissioner's thoughts.
Mayor Ferre: All right. Now let me play the devil's advocate
and present the other side of it. Court told the Manager to
implement the court's rulings.
Mr. Plummer: No sir, you're wrong.
Mr. Andrews: Yes sir.
Mr. Plummer: No sir. Read the court order and it explicitly
states in -there that the selection of the group shall be only
the right of the City Commission. Am I right or wrong, Mr.
Lloyd?
Mr. Lloyd: I'd have to read it; I believe the Manager has
it in front of him here.
Mayor Ferre: Read it that, let's get'that one over with.
Mr Plummer: This Commission shall reserve the right and only
after public hearing and then if there is any discrepancy by
the plaintiffs they shall have
Mr. Lloyd: It says the City shall within a reasonable time
but not more than 12 months from the day of the final term
it didn't appoint an independent organization.
80
JAN 101974
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Mayor Ferret Well then Mr. Plummer is right. The City is us.
Mr. Plummer: That's right.
Mr. Lloyd: The City is the City Commission.
Mr. Plummer: That's right. Everything else in there is to
be done by the City Manager. Everything.
Mr. Lloyd: I might make this comment, if I may. It was the
intent and in all deference to Mr. Andrews who at the time
Mr. Reese was the City Manager it was I think it was the in-
tent of all of us at the time including and Mr. Reese specified
this was which was something I think we all agreed to, that the
Manager was designated at sort of the responsible authority for
implementing these things generally for the court, I mean to
say without taking the right to do things away from the proper
functionaries within the City. The Manager's duty•was sort of
a coordinating authority and he was to be the responsible
person for reporting to the court. I believe that's the
way the intent was.
Mr. Andrews: Section twelve covers that area.
Mr. Lloyd: That's right, that's what I'm referring to.
Mr. Plummer: Well go ahead. You heard the ruling tf the
City Attorney.
Mr.Lloyd: Of course the City, the Manager is authorized, the
Manager enters into the contracts but of course he does that
under the authorization ----
Mr. Plummer: Well, excuse me. It's more definitive here in
Section 1, Item D. Let's be more definitive. The independent
organization shall be hired by the Miami City Commission.y
The City Commission, prior to hiring the independent organ-
ization shall conduct a public hearing concerning the qualifi-
cations of the independent organization.
Mayor Perre: Judge,the Chair recognize you.
Judge McCrary: Thank you. Mr. Mayor, Members of the Commission
my name is Jesse McCrary, counsel for the plaintiff of this.
There are three items that I'd like to bring to your attention.
1. I agree with Commissioner Plummer that if we are talking
about a public hearing about a vital issue such as independent
testing then I certainly do not think and maybe it's not the
City Manager's fault, but there should have been more time.
As it stand now I only have five people here; we had no know-
ledge at all of other persons who were being considered for the
testing and again I agree with Commission Plummer that we'd
like to here from all three of them, not just one and what
happens is in the court order it specifies that the plaintiff
shall have the right to object to the agency that you may select
and if we object and our objections are valid ones and not friv-
olous kinds of ones then we then have the option of taking
that matter back to court with the court being the final ar-
biter. Now I certainly don't want to get in the position of
offering one to the City because if we'll remember Mr. Lloyd
when we worked out this consent agreement we did it at arms
length,everybody gave a little, it was no one proposal
given by the plaintiffs, that the City accepted, no. one pro-
posal given by the City that the plaintiffs accepted
81
JAN 101974
•
too I would recommend to the Commission today that we bring
before the Commiesion since it's your authority to hire them
and I assure you that the plaintiffs will not be arbitrary
and just indiecritninatey • say we don't want them because
we don't like the way they part their hair, but I think that we dhtx
to -have scans choice since it's the plaintiffs who are con-
cerned about the ultimate testing and the ultimate good
from the testing will benefit the City of Miami and I'm
hopeful that this City will get the beat possible thing that
it can, hopefully that we won't go away from here today
with the City saying we are hiring these people. I'm cer-
tainly not prejudice or bias toward them but I certainly want
to know what every other organization has to offer.
2. I'd like to set some questions that that this Com-
rnission-loght to address to whoever presents a proposal to
you.
1. When will that organization be ready to start testing
or how long will it take. Now this becomes a very vital ques-
tion in light -of the fact of a conversation I had with the
Chairman of the public of the Civil Service Board. It's my
understanding that they are prepared, preparing now to go
ahead with an examination scheduled for April 4; 1974. Now
just because of our crucial matter, 1--the whole law suit
was about the kind of examination that we have. The Civil
Service Board at its present examination is no different from
the one the law suit was started about. So if we allow that
examination to continue then the City is ultimately is acting
in bad faith when they have already come with the consent decree a
partial order which says that we are going to stop that. Now
I recognize that the City had exactly, I recognize that the City
had a year to implement this plan. The City is to be commended
because they have started to implement it long before they were
required to do it, but since we have started doing that I'm
suggesting to the City that we getsome answer about when
will the independent agency be ready to test for promotions.
Now there was on this morning in Fereral Court a motion heard
before Judge Watger which indicated in my conversation with the
Chairman here of the Civil Service Board, that--1--the City's
Attorneys office, and I don't have that memorandum, I am re-
peating what I was told and if it's incorrect I apologize
it's not intentional, that the City Attorney had informed the
Civil Service Board that they could not proceed with that test,
and I think that this Commission ought to find out for itself
and for the plaintiffs, who are employees of the City whether
or not that test will be administered on August 4th, if it is
administered, gentleman and lady, I assure you it is the same
kind of test that we've had before. Lastly I would oppose
hearing a single one because we have not had the same time to
review this organization's background, we got no infomation
from the City Manager as to who was being considered and in
that light gentlemen I would suggest that we postpone exam-
inations if the independent organization that you hire can
come up with an examination within a reasonable time, if we
do not then I think that we are going right back to 1925 where
we started.
Mayor Ferret All right Judge, now I think I change my opinion.
think Commieeione>• Plummer is right and I agree with what you
just said. Now I'm a pragmatic man besides being idealist
and all that, now Mr. Andrews has spent a lot of time going
through all of this and he selected these people from Chicago
and the City spent syngy to bring three of these people down
today. Now the on1iMat I remain objective to what Commissioner
Plummer said is that he said that everybody should have an
equal chance. Now I agree with everybody having an equal chance
I
82 JAN 10 1974
but I don't think that I think that we're all pretty savvy
five members on this board here and I for one and I think
that I can apeak for everyone here I'm not going to be unduly
influenced. These people have taken time and effort and
money to comedown here and be with us and they'veisat with
us most of the day. I think that we ought to extend to them
the courtesy of at least listening to them for a while and
that does not preclude in any way that if we can have three
presentations in the future meeting let's at least hear from
them while they are here.
Judge McCrary: Mr. Mayor, if I can just respond to that.
I don't think that the plaintiffs would be opposed to hearing
their proposal. What I am opposed to as representing the
plaintiffs and I speak for all of them we would be opposed
to the City coming to a final determination, based on a sole
presentation by this group.
Mayor Ferre: I understand, and I agree with Mr. Plummer
on that. Unless we have some objections and I'm going to
recognize this lady and two gentlemen from Chicago and let
them have their say.
Judge McCrary: I do wish the Commission would bring these
questions about when an organization can be ready with an
examination and give some consideration to the fact that an
examination is being planned for April 4th.
Mayor Ferre: Jess, you were going to cover that in a little
while after they make their presentation, if I forget you
remind me and I'm sure you will.
Mr. Andrews: Mr. Mayor, I must voice my objection.
Mr. Plummer: I think it's putting these people in an unfair
handicap especially if they're not going to be back here, I'm
assuming Paul your reschedule is for the 24th.
Mr. Andrews: I don't know that we can reschedule it for the
24th that quickly.
Mr. Plummer: Well you know whenever you reschedule it for
if it's the 7th of February. I think it's really putting
these people at a disadvantage when we're going to hear the
others and make the final selection that they wouldn't be here.
Mayor Ferre: Well they might be here though and I think
they're already here and I just want to get my mind working
on what type of service they're going to render or whoever
renders the service and their ideas and why Paul Andrews
selected them,etc. It's not going to prejudice me and the
next time we have three people here I'm going to be just as
objective as I am now. I don't know these people from Adam
and I didn't even know that they were from Chicago until you
just said so this is just as new to me as it is to you. Un-
less you have some strong objections, since they have flown
down here I want to hear them.
Mr. Plummer: I still make my objection Mr. Mayor. I think
in the interest of fairness we should here them all at the
same time, if it is to be that they would be competitive, one
against the other,----
83
JAN101974
Mayor Perri,: These people have to come back at that point.
Mr. Plummer: Well you see, if they don't come back then
they can always turn to us and say you were unfair.
Mayor Ferre: Well all right, that's the way the ball bounces.
Rev. Gibson: Mr. Mayor, maybe we need to direct this question
to the people and this will tell how I will vLte. Lady and
gentlemen, obviously you know we the Commission are not ready
to make a final decision today. If that be the case you will
be accorded the opportunity to return when the others are
invited to come. Will you come?
Melany Baehr: Excuse me I am the spokesman here but I
think all three of us will be playing a key roll. I am
Dr. Melany Baehr and we have there Mr. John Furcon as the
next and the next Mr. William Lloyd who will. all certainly
key people in this project. I'm just more senior than they.
Do I understand that you are asking me when we would come
down again, incidently we came at our own expense, not the
Citys:
Rev. Gibson: Well all right, let me say this. So it will
ease your mind I don't control the City's budget, but since
we boo -booed we have to pay for our boo-boos, because if we
don't do what that court says, based on what Mr. Plummer
says I want to tell you I am not planning to go to jail.
Dr. Melany Baehr: That's fine. No, I didn't understand the
question, you mean if we make the presentation here and now
would ,4e be paid to come again. Is that what you're saying?
Rev. Gibson: Yes, right.
Dr. Melany Baehr: My feeling is certainly.
Rev. Gibson: All right, beautiful. Now we're in business.
Put them on. You're on in my books.
Mayor Ferre: How do you feel about it Rose? (Mrs. Gordon's
statement inaudible) I decided to do it. All right, Dr. Baehr
Is it Dr. Melany Baehr, right?'. The Chairwil•14ecognize you.
Dr, Melany Baehr: Thank you Mr. Andrews, Mr. Mayor, Members
of the City Commission, we are very pleased to be here. We're
also very pleased to be able to present our credentials to
you here today. Some of the two other members of my team
have pointed out, however, that this is what we're here for
to present credentials, in oths r words to show that we are
qualified perhaps even the best qualified to do this job for
you. We have not had details as to how the Police
Department is constituted, what the numbers are there, how
many lieutenants:andcaptains you have, what the other con-
siderations might be, so as such,of course we haven't developed
a proposal as to exactly what we can do. Now questions as
to_cost and queetioni as to when we will do it obviously you
know has to await upon a specific proposal that will be pre-
sented. It was my understanding that while we could certainly
84 JAN 101974
answer such uestions and would be prepared to discuss them
q
then what we are here to do today is merely to present our
credentials. Right. I will be doing the minor part of this
actually and if 1 can have the first slide I think perhaps
one of the easiest and best ways of doing this is to get them
not to only where you can hear me speak but also where you can
see them. Can everybody see that? Well are called the
Industrial Relations Center and as such we are an applied
institute of the University of Chicago. That straight-away
separates us from a, Consultant in the usual sense of the word.
We operate instead under one being; we operate at the
University Department, but we operate essential under three
beings. We operate under the School of Business, Division
of the Social Sciences and then other representative of
legals aspects, the Law School in the Government Programs of
Projects. First of all we are an indisciplinary organ-
ization, in other words we do not consist entirely of psy-
hologista or entirely of some of professional group. We
range as a matter of fact through business and economics
through education, psychblogy'.laws.
Whenever we undertake a project of this sort we draw the
relevant__people for the project from of course the
entire staff of the Industrial Relation Center. We've
been operating since 1945, and as our name implies Industrial
Relation Center, at first of course our emphasis was in
the private sector. We got our start in working with In-
dustrial Organizations. Over the years, however, we have
found that we have sifted and broadened out at more and
different kinds of institutions, including all the govern-
ment ----in the public sector, including the Welfare Organ-
izations, hospitals even churches for whom we very often_se-
lect the candidates for ministers. Part from that, since
about 1960 in fact even before then, we have been in the
business of,in one organization or another,in actually
validating the selection or promotional procedures which
we would attempt to implement in an organization. In fact
we were doing this long before it became a requirement as
as result of the Civil Rights Legislation, starting in 1964.
The particular division of which I am the Division Director
is called,that's been operating since about 1960, is
called the Manpower Research and Development Division and
we specialize in Organizational and Personnel Procedures of
all sorts, this includes the screening, the selection,
placement, promotional, organizational structure, employee
potential and motivation, these are the major areas in which
we operate. More recently we have done so much work with
government organizations and more particularly with police
organizations that we figured it was to our advantage to
open a special division in the Industrial Relation Center which
dealt with police contracts and police work and we call
this the Law Enforcement Manpower Research and Mr. Furcon
over here is the director for thjsspecially constructed
division.
Very briefly the major part of this presentation and possibly
we will shorten it from our original ideas, if we will be
coming down again. It might be better if we just give you the
overview and we can present more of the details at another
time. The major part of this presentation will be made by
Mr. .Fu„urrcon and Mr. Lloyd, both of whom have been specializing
in the police area for the last some few years. However,
very quickly I'd like to show you some of the advantages of
dealing with the university rather than a consultant and
if someone put the next slide up for me you can see these. for
85 JAN 101974
•
•
yourself. We can of course draw on the resources of the
entire Industrial Relation Center itself. This includes
first of all an excellent specializedlibrary. We have our
own audio and visual aid for the production of training
materials and, etc. We have a Graphic Arts Laboratory in
which we can produce any of the final reports or any
other kinds of work that we need to do and we have a very
thing. the Measurement Analysis Research Laboratory which
are the people who actually look after us with research
designed to computer programing and processing and data
analysis. Part from this we can also draw on the rescnrurces
of the University of Chicago. itself, its entire professional
staff, the University's Computation Center and of course
the Joseph Library. We hope that you may even
of heard of that library down here.
We feel,and of course as I say,the actual format and
structure of the proposal has not yet been prepared.
Nevertheless we have some ideas as to who we think might
be the the Key Personnel that would be associated with this
project here in Miami if we were fartunate enough to get
it,and it might be of some interest for you then to see
something of the background of these individuals. First
of course we would be operating under our Associate Director,
Wallace G. Lonegan, then it is myself Melany E. Baehr, the
General Area of Manpower, and I would see my roll probably
in this project as being more particularly concerned with
the research aspects of the project. You've already met
Mr. John Furcon He is the Director here LI the Lloyd En-
forcement Manpower Research Project and would essentially
be acting as the Manager for the project as far as the
Industrial Relation Center is concerned. Mr. Lloyd, who is
sitting next to him would co -direct or work with him im-
mediately in all the details of the implementation of this
project. Two of the staff we have not brought with us but
we feel who will also probably play a key roll,is a man
Mr. Dean ox, who has worked in a number of other police
studies with us, and Mr. Ernest ----who is the
head of the Management Analysis Measurement Analysis and
Research Laboratory that I mentioned previously.
That is our general: : background. As I said the major part
of this presentation will of course concern the work that
we've done in the police area. If you'll probably give me
just another 2 or 3 minutes I want to speak something that's
dear to my heart since I am a researcher, and also to point
out, although we've done considerable work in the police area.
The work that we do for police we have inputs over the years
now for a good 15 years or so from all sorts of organizations
and occupations in all sorts of situations where we have
validated selection and promotion procedures throughout or-
ganizations. Only one I want to mention very briefly, this
is one in which I am directing at the present time, it's a
national study for the Validation Of Selection Procedures
For Transit Operators. It's_interesting that this also came
about as a result of a suit brought against one of the cooper-
ating companies and certain parallels in that there we were
dealing with black and white and Spanish applicants. The
problems were to some extent similar in that we needed to
get the most equitable selection from all races of people
J AN 101974
who could do the bus operators job.
Some of the kind of research imputs which I think would
come directly from that study and I believe we're on the
forefront here incidentally this work has been presented
to the Equal Employment Opportunity Coordinating Counsel
which was established by the 1972 Civil Rights Act. There
is no doubt that there have been real serious problems ex-
posed in trying to deal with selection from different racial
groups, and one of these certainly is to get an estimate of
performance because in order to get your selection valid
you have to show that your test measure is indeed relating
to all predicting actual performance on the job, and so
it becomes very important then in order to get very ac-
curate predictions of performance of the people in the
occupations that you are dealing with, and of course the
matter of bias in all kinds of assessments is one that we
have looked into very carefully. We have in fact some very
fascinating research there about members of one race, for
example as setting the performance of members of another race.
In general it was extremely encouraging and that we found
that vast majority of judges were unbiased. That on the
other hand it was possible also to detect and correct,for
by some, in favor of blacks and other in sometimes in favc.r
of whites. I don't know that I will even go further except
that this is just to give you some kind of feel for the kinds
of researchthat we undertake in each of the different kinds of
validation projects that we undertake, each of which has
input to each success of validation that we undertake for any
given organization. My feeling is at this point since we
will be down again, I hope, and since you will have the
opportunity to again quiz us more carefully that maybe we
go into some of the details of some of the research procedures
for those who are interested possibly at that time. I will
deny myself the pleasure as a researcher of describing them
now out of deference for the way in which we've decided to
handle the situation.
Mr. Plummer: May I ask this question or really I'm looking
for the broad scoop and I know_that even though it rubs me
the wrong way and it has, -----the professionals do not like
to talk money, but somewhere along the line this City has to
determine money. Now what I would like from you, if you're
coming down next time, is your proposal as it is surrendered
to the City, ---are you speaking about a time plus basis, or
are you talking about a time and expense basis, and I think
we can draw some conclusion from that?
Dr. Melany Baerh: In the past all our contract have been
on a contractual basis. In other words we say, this is the
job, this is how long it will take us to do it, these are our
line items, this is what you will be paying for on each one
of the line items, and'it's up to us to stick to that and
if we over -shoot it, either to over -shoot it ur otherwise
you know come back for,
Mr. Plummus:: Well, what I'm saying then is, that when you
come back again, you will be able to have some idea as to
the amount of time you feel will be involved.
Dr. Melany Baehr: Before we would make any estimate of that
sort I have no doubt that Mr. Perkin here, and Mr. Lloyd and
myself would like to sit down with representatives from the
87
JAN 101974
Police partment. I mean we woulike to know how big
is your department,or what do you want to do, how often do
you give your examinations, how many people will be involved?
Mr. Afi iews:f May I interrtapt? That was the reason I was
extremely careful in not discussing the makeup, except for
some very general responses to the number of Black officers,
Latin officers, Anglo-Saxons within the department, without
giving them any real information at all, and without over
extending myself as to the description of the problem, that
the first consideration in dealing with these people, I feel
is to look to confidence and to look to their ability to
address themselves to this kind of problem by examining.with
them the kind of problems they have already been involved in
and relying on my own judgement aid others that I had with
me during this meeting to determine that the kind of services
they have rendered elsewhere is correctly applicable to the
City of Miami. And then the second step, after you've made a
decision with reference confidence then separate from that
to sit down and begin negotiating the scope of services, and
the cost of these services and during that period of time
when you've tentively made a selection of one of the firms
them they become more intimately involved in finding out
what the problem is really all about, and they conduct some
of their own investigations as well as I would be furnishing
them information. Based on that then they're able to out-
line in a general way the work areas, and we review that or
we might even write some of the descriptive work areas and
based on that, then they are in a position to announce to us
the cost of performing these services with objectives
being reached or -hopefully reached.
Mr. Plummer: Am 1 under the under the understanding that
you have supplied to all of the companies, excuse me, not
companies, to all of the groups the Court Order, from that
they determined whether or not they were qualified. Is that
suppose, ----and you would prefer that all three make their
proposals Vin toto ' as far as their credentials,then a
selection be made and then a price,
Mr. Andrews: That's right. That's the true professional
way of approaching.
Mr. Plummer: Paul, I hope that you and the rest vf the
members of this Commission do not look,at what I have made
in comments today as stumbling blocks or road blocks. I
think there's a right way to_do something and a wrong way. I will
tell you that I feel that I don't '"want anybody -to come
back and point a finger at you or me gr.the Mayor or anyone
else and say this thing wasn't handed properly, and for that
reason is the reason that I have raised the questions that I
have here today, and I want to be fair to everyone as well as
to this Commission, to you and to the public, so that's the
reason I raised the questions which I,
Dr. Melany Baehr: Thank you. Well then,I think that,I hope
that I may be seeing you again and I think probably now is
a good time to discuss in more details those projects of
direct relevance as we understand the project in the City of
Miami to be and allow Mr. Purcell to start off in this sector
of education.
88 JAN101974
Mayor Ferre: How much time are you going to take doing all
this approximately? y because we're now after 4 Paui. We've
only got about 11/2 hours and we've got a lot of other things
to take up.
Mr. Andrews: I understand that. How long to do think it
will take you to present the, now tailored information that
you will present to the Commission?
Dr. Melany Baehr: I'm sure we can accommodate ourselves to
the situation John. How much time do you think you'd like.
Mr. Andrews: 15 minutes?
Dr. Melany Baehr: All right. One other thing what 1 don't
know whether we should do this at this point. We did bring
some handouts, introducing the Industrial Relation Center,
some others that deal with some of the work that we've
done in other organizations. I don't know whether you
gentlemen would wish us to hand them out now or not.
Mayor Perre: Why don't you give them to the Manager and
he can eventually do that whenever he gets ready to pass
out this information.
Mr. Furcon: As Dr. Baehr has indicated in the proposed
project, I would be serving as the Project Manager. Rather
then going into any great detail I simply would like to re-
view some of the past projects that we have successfully
completed in the police area and offer very few comments
on these. Starting in 1966, with the invitation of the
Department of Justice and the City of Chicago we initiated
a project in the Validation of Select on Test for Police
Officers. At the time It was a pioneering project in that,
up until 1966 there have been no definitive work linking
written test performance to the job performance of the
Police Officers. A second issue which was very important
to 0. W. Wilson, who was Police Superintendant at Chicago
at the time, was the issue of the Racial Equitability of
Testing Procedures. He observed that people who he felt
might have qualified as Police Officers were rejected by
traditional procedures. People who he felt would not be
successful were in fact selected in. On the basis of that
first project running between 1966 and 68, we were able to
establish definite relationships between test performance
and job performance of officers on the job,and in addition
made a number of technical innovations in the area of
racial differences and test response, I won't dwell on
those technical differences. The results and recommendations
of the first project were followed up in a second project
funded by the Justice Department and once again using the
City of Chicago as a laboratory. In very simple terms
that project further verified and further evidenced the
results of the first project. Projects 3 and 4 are more
germane in that, rather then being research oriented
they were implementation oriented. Project number 3 on
the elide, the Illinois Local Community Police Officers'
Selection Project, was aimed at validating a -written test
battery for the selection of Police Officers in the State
of Illinois. The project was recently completed. It in-
volved 60 cooperating police agencies in the State. A
total of 600 officers in the State were tested to provide
.. 89 JAN101974
the research data. Results were consistent with their
earlier work and have led -to the establisment of a State
wide testing agency in the State. We feel that we're
certainly doing a much better job then prior testing pro-
cedures in selecting truly qualified people and at the
saline time it made a definite contribution to the deminish-
ment of adverse impact as it called in the selection pro-
cess. The project ended in April of 73, an agency was set
up this summer, this last summer and at the present time
they've worked with 40 agencies screening more than 1,000
applicants using the results for project.
Perhaps the most important project, the one most germane to
the Miami situation is that presented by the Detroit Police
Department. Late in 1970, the university was approached
by a Community wide group in the City of Detroit and asked
to prepare a selection test procedure for the City of
Detroit that would bring on more qualified Police Officers
— yet would at the same time diminish adverse impact for bias
in the testing process. I'll talk about the technical side
and I'd like to invite my colleague, Mr. Lloyd, to talk
about the process of working with the Community and with
the department in this enterprise.
To briefly state some of the technical experiences and
findings we implemented immediately results research re-
sults gathered working with the City of Chicago and began
hiring Detroit Police applicants starting in March of 1971. We
weleritLsure what the impact of that would be, enough time
has elapsed so that we can make two observations. No. 1
there was a significant diminishment of adverse impact. Up
until that time approximately 25 percent of black applicants
the tests, 85 percent of white applicants passed the tests.
With the implementation of this interim procedure based on
Chicago results; the passing rate fur black applicants rose
to 60 percent; the passing rate for white applicants remained
the same.
Our follow up work has indicated to us that we have not been
accepting a lower standard individual, rather we have been
accepting who have already performed successfully in the job.
We continued our research work with the City of Detroit;
have very recently modified the testing procedure once again
and our experience,which is very short in this matter in-
dicates that we have been able to further reduce the adverse
impact. In the City of Detroit we've also worked in the
issue of the selection of women for police service and have
been involved in the job analysis portions of the prumotlonal
process. If I cc.uld state in just a second, and I guess I've
taken about 5 or 6 of our 10 minutes, I think we've been not
only pioneering, but quite successful in developing selection
test procedures that have done two things. They have in-
creased,in our opinion the level of scrutiny and the level of
qualification in these partic gating police agencies. We've
taken a broader and deeper look at the applicants making
themselves available for the job and we feel that (Air work
has been very instrumental in raising and enhancing standards
in law enforcement. At the same time we have been very suc-
cessful in diminishing adverse impact that is present in
traditional written examinations. Now the way we do that
in testing procedures, etc. are matters that all of us pre-
pared to comment on, but the technical matters and I don't
90 JAN 101974
feel wescan do that today. So from my point of view, at
least, and frcam the point of view of responsible officials
in these agencies, projects have been a very definite
technical and practical success. I mould stop at this point,
check briefly to see if there are any questions and if not
invite my colleague Mr. L10 d to step up to the podium.
Mr. Lloyd: Thank you Mr. Mayor, Membensof the Counsel.
I'm Mr. Bill Lloyd and as John indicated I've had some
experience with the Detroit Police Project and working with
him and especially around the issue formulating commitment
in general broad community, also formulating commitment within
the department and also sharing what we were doing, how we
were doing it, putting that out for review by professionals
in the field. Generally one thinks that lay -people, parti-
cularly people who are just citizens in the community, tax
payers that support our systems don't understand,are not
aware of issues, problems can't speak the language that some
of these psychometric people are identified with. Many times
we that the professionals in the profession of people are
not aware of, I don't understand, cannot really appreciate
some of the problems related to the whole area of testing.
It's been our contention that when working with people,
if we involve the key elements in the initial process from
the beginning that in fact they do understand, that in fact
they have a great deal of awareness, and that in fact they
do appreciate the issues and problems related to testing.
With that in mind what we did in Detroit and it was the first
time that we had tried it any place, particularly in the area
of testing. We have done this and we've done regular organ-
ization development work with organizations but never in the
area of testing had we done it. What we did was formed an
advisory group, well there were three, one was comprised
of lay -leaders of Detroit. This meant the Black Panthers,
this meant the people like patrolmen on'the guardians, this
meant that people who were apart of white patrolmen's_group,
this meant that black sergeants' group, this meant that white
sergeants' group. this meant that black lieutenants, white
lieutenants, the NAACP, the Urban League, you name it we
had the group identified, invited and as a matter of fact
some 60 of them showed up for the first meeting.
Our point was that we wanted to hold our work and hold what
we were doing up to scrutiny; the scrutiny of the general
community. We next form another group. We invited members
of the black community to seek out those black psychologists
who were familiarwith the issues and problems related to this
work to come and sit on a professional advisory. We did in-
vite the Latin Community to do likewise, and the White Com-
munity and in fact we formed a professional advisory group.
Again within our profession we wish to hold our work up for
the scrutiny of those of those who do understand the language
and it -Can immediately appreciate the problems and issues.
We then formed another group, we called the Coordinating
Community and that group was comprised of nothing but
policemen. That is we had Latin policemen, black policemen,
white policemen, from the position of inspector down through
patrolmen who were on that coordinating group and once again
what we were trying to do was deal immediately with some of-.
the concerns that each of the groups had.
Our conclusion is that we would strongly recommend that in
91
JAN 101974
any future work of this aort in any city and we'd make that
recoitanendation if we were so approved to come in and do the
work that's related to the problems here; we make the recom-
itendation that you would indeed allow us to comprise these
three groups, and perhaps we could think of another group
equasion that would be appropriate as we move forward and
try to improve the whole situation here related to testing
and especially one that I am very clearly identified with,
and that is creating an equal opportunity for blacks and
other minority groups in the Miami Police Department. I
don't.` have anything else to say with regard to what we're
trying to do as we build commitment and at the same time
work on the very technically related issues involved here.
Are there any questions? If not I'd just like to call my
colleague Mrs. Baehr back to the podium, she may have a final
word to say and I think that myconclude our presentation.
Dr. Melany Baehr: I always feel at times like this that
I'm just very fortunate to be associated with the kind of
team that we have in the Industrial Relation Center. I
pleased that we have been able to speak to you. I can only
tell you that this is a very significant aspect of work for
us and this is the kind of work that we very much enjoy doing.
We've given you very briefly three key kinds of aspects,the
research, the technical competence, and the actual adminis-
tration complexities involved in dealing with organizations
and we hope that we will have the opportunity of seeing you
again. We thank you.
Mayor Ferre: Thank you very much Dr. Baehr, and I might
say Father Gibson, the University of Chicago is where Dr.
Mortimer Adler has taught more many many years and jokingly
his definition of the University of Chicago is the University
of Chicago is a secular institute where Jews teach Christian
Theology to Atheist. 'Dr. Adler, of ccurse is Jewish and he
is one of the greatest Philosophers in the world and
Philosophers referring to Christian St. Thomas
and that's the definition. The University of Chicago is a
secular Institution where Jews teach Atheist Christian
Theology.
Mr. Plummer: Doctor, let me ask one other question. Let me
proffer to you, something Mr. McCrary said and I would
hope that you would be able that at the next time you are
invited back thich all three of you will be that you will be
prepared to answer the question that he proffered and Mr.
Andrews hopefully you will do the like to the other two
"organizations that how long would it be after the choice is
made as to the group as to they will prepared to give the
test for it to comply with the court order I think it is
really what we want to say. So I'm hoping when you come back
you'll be prepared to answer that.
Dr. Melany Baehr: Would we be meeting with any members'of
the Police Department before then or given any further
statistics?
Mr. Plummer: I would afford you whatever latitude you
needed to do that. Now if you think that you needed 30
days or 60 days in which to meet with those groups and then
you would be prepared three months after that or four months
after that. I'm not trying to set the thing for you; I'm
just saying, Mr. McCrary has raised a good question and that
is, when will we be prepared by whatever group is chosen,----
92
JAN 101974
•
Dr. Melany Baehr: By I could give you general answers to =--
Mr. Plummer: I don't want you to answer now, please. I
would prefer you to answer when you come back at the next
meeting, but I want likewise the same organizations Paul,
to be informed that the two questions will be raised of
them at the time of the next meeting. No. 1--someway that
they came forth at a determination of cost,and No. 2--
when they will be prepared to start implementation of the pro-
gram that both questions be proffered to the other groups;
Mr. Andrews: Let me set one question aside, two of them
in fact. One of the questions that I raised during the
interview process was their availability to begin immediately
on this assuming that we could successfully get through the
negotiation process.
Mr. Plummer: I don't think that answers the question.
The question was, when could the test be given, you know if
you want'to become more definitive, because he has raised
the question
Mr. Andrews: I want to address myself to that, if I may.
I made a statement to the Commission when this matter was
brought up once before, that I was not going to change any
of the basic ground rules that were in existence, example
the question was raised with reference to the existing
Captain's register and I told the Commission that the
Capitan's register would follow the normal course of events
whatever those events what might be as dictated by the
Civil Service Board. They're going to be left to make their
decisions as they will. In the Sergeant's exam I construe that
means to be falling under the purview of this Court Order
and I had indicated when that question was raised once before
that the Sergeants, those who are already,studing for this
examination, both Latin, Black and Anglo-Saxons have in-
vested a great deal of time and I'm very conscious of that
and I've had discussions with Mr. Paulk and I have told him
that in my judgement'the date should remain firm until we
know, and it's going to effective by the findings of whom-
ever we select, whomever the Commission selects to begin
conducting the study that one of the first areas we want
them to look to is this Sergeant's examination and if an
early indication states that there is going to be a great
deal of change and in fairness to those sergeants who are
studying we'll change the date of the examination and move
it ahead to give sufficient imput by the consultants so
that the information that the sergeants need to study will
be made available long enough in advance so that they can
take it into consideration in their
Rev. Gibson: Mr. Manager, I hope I'm following you. I'm
a little dense. You know the reason I became a Deacon in
the Episcopal Church, studied like the devil. I took the
examination so that I would be made a Priest. The reason
I was made a Priest, and follow through to be made a Priest
is in the hope that one day somebody would see fit to elect
me to be Bishop and that at that time I could choose to be
or not to be. Well I don't want this Commission to be
unaware of is, that if you fill upall those Captain's
positions you in substance, and whether you say it or not
you in substance the process. Now you know I'm not a
policeman, I don't understand what police do, other then
protect my life, and that's very important, but I'll tell
•
you this, that I know once you start and once you fill up
all the positions up here and there's nowhere for me to go.
Let Me say something else that I want eveybody to be aware
of. You know you have deprived, I'm talking about Black
folks all this time all these opportunities, and maybe my
brothers need to be aware, and maybe my brothers have to
understand that I can't bear the load all alone forever,
if you understand what I mean.What I heard you saying
then I'm not sure that that you're not carrying out the
intent of the Court Order. I think you got to give me an
opportunity to get to the point that if a choice is to be
made that I have an equal opportunity, I don't have it now.
If you don't do that, I don't have the opportunity.
Mr. Andrews: As long as you have brou'*t that specific ex-
ample up we might as well as you say, lay it right out on
the table. For approximately 3 years, the Chief of Police
and the former City Manager have been examining and cau-
tioning,and the Police Department are aware of this the
number of Captains that we have in relation to all the other
positions. One, I recently received a memorandum from the
Lieutenants and Captains' Committee, and one of the six or
eight questions that they ask is the very one that you're
talking about. What is the probability of Captains who•are
now on the Captains' list being promoted ,,to Captain. I
answered them very honestly? Probably none, even if the
Civil Service Board extends it for another year. The fact
is that from everthing I found we have to reduce the number
of Captains that we have in the Police Department to come
up with the proper relationship of the Chief's Office, the
Majors, the Captains, Lieutenants, etc. This is as I see it
now and while I'm being fair on one side I should be fair on
the other and tell the dark side of the story.
Mr. Plummer: Now wait a minute, you're getting into another
realm, because let me tell you something, I'm going take
exception with Garmire on that. If you'll remember the
questions proferred to him by the Mayor and I'll tell you
I take big exception to it, so if you want to go into it now
without-1 diir_ here, let's go ahead, but I don't want, ----
The reasons he didn't want anymore Captains was because he
didn't control them, Civil Service did, and I take exception
to that, and I'm going to take exception to it.
Mr. Andrews: I'm trying to answer Commissioner Gibson's
question honestly, because I knew what I was thinking abliut
at the time that I said it and can say it with complete con-
sciouness and without any prejudices to show that we're doing
something there that we're not doing in another area.
Mr. Plummer: Oh all right. All right.
Mayor Ferre: Let me explain to Commissioner Calhoun that is
difference between the city and the county in this, is that
in the city we have the Civil Service which affects the Police
Department, Sheriff's Office isn't quite affected the same way.
Rev. Gibson: Mr. Mayor, let me make sure that I understand,
because I'm a little dense. I don't mind admitting that.
Are you telling me that of all intent and purposes the
number'one problem now is to resolve the mandate of the court2
All right. If we are going to resolve the mandate of the
court, then we can move up nor can we move down. Is that
what you're telling me?
94 JO 91974
4
I,
Mr. Andrews: No, what I'm saying is to do this in an
orderly fashion to accomplish that which the court intended
'that it has to be done with some order. You just can't
abandon everything that we now have and say everthing stops
and until we implement the courts. That was the reason the
Court Order gave us 12 months to do certain things; 18
months to do other things, and a 5 year period to accomplish
much more.
Rev. Gibson: Mr. Andrews, see I thought I heard you right.
While I'm sitting up here fuming about is, if you tell me that
you are going to fill 2 or 3 Captain's position, that's
one thing. If you tell me that you aren't going to fill any,
that's another. I happen to know that promotion, and I live
in a system of promotion. Don't let nobody fool you, the
Church lives, that's what the Church is all about. I live
in a system of promotion. When you start promoting, you've
got to find somewhere to put people, and if you put them all
up there, then there's nowhere for the others to go, that's
all I'm trying to say. I don't want to hear, you know what
I thihk I hear. I think that my white brothers going to have
to understand how I born to cross all these years and cross
maybe bad thing to some people, but I hue to bear in mind
and I want you to bear some with me, and that's what this
steam is all about.
Judge McCrary: There's just one question. I'm about a bit
confused now as to whether that examination is or is not
going to be given?
Mr. Andrews: The sergeant's examination will be given,only
after the consultant has been selected, reviewed the exam-
ination, made a determination that it needs the kind of input
to eliminate any bias whatsoever, and in fairness to those
people taking the examination, consulting with. -the Civil
Service we have not changed the date, because we don't know
how much of a problem. That's why we speeded up the process
of hiring a consultant because we're so concerned about the
sergeants.
Mayor Ferre: Judge that doesn't mean that we might not change
the date. It could happen, but you know, I think that the
criteria that the Manager has pointed out satisfies the group
that you're representing.
Rev. Gibson: But Mr. Mayor, it doesn't satisfy me, unless
you answer the other question.
Mr. Andrews:
Rev. Gibson:
Mr. Andrews:
amination on
The one on the Captains?
Right.
I'm trying to say to you,that there is no ex-
dieCaptains at this time.
Rev. Gibson: All right, so then what I'm saying,
Mr. Andrews: Let me interrupt you so that you understand
completely the condition here. Mr. Huttoe or Mr. Faulk can
tell you when the examination took place last. When an
examination is given and people are established on a register,
that fegister remains for a certain length of time. The
Civil Service Board is the one who is going to make a deter-
mination as to how long that existing register lasts. When
a new Captains' examination is going to be given it's going
95 JAI 101974
•
s
it's going to be given under the new guidelines established
by the conauitents.
Rev. Gibbon: Mine's very simple, I just want to get it into
the record. Are you saying to me, we're not going to do
nothing about the Captains either?
Mr. Andrews: There is legally an existing register,and
if there were openings in the Captain level then you would
be promoting from that register, but there are no Captain's
openings, and secondly in my judgement from what I know about
the police personnel, and its structure,i'm telling you
until someone shows me differently, we have more Captains
in place now then we need.
Rev. Gibson: All right, I understand.
sure I understood.
Mr. Plummer: Let me ask this question.
now, if it is, the date proffer for the
exam?
I just want to make
When is this right
next sergeant's
Judge McCrary: April 4th, Mr. Commissioner.
Mr. Paulk: It is in April and I'm thinking it's somewhere
around the later part of April. I don't have that date,
the 4th may be.
Mr. Plummer: All right, so it's scheduled for April.
Mr. Paulk: It is scheduled for April, and let me say this
Commissioner Plummer that,that date was set back in September,
before the court ever signed this order.
Mr. Plummer: You know we're kidding ourselves, because I've
got tp t,e4l you something. Mr. Mayor, you don't have or
does FatheiGibson have any idea as to the amount of studying
that thiSe men put into taking this exam. I don't think
I would be selling it short if I told you these men put in
no less then 6 months. Those books have to be chosen by
the board in advance. Am I correct Mr. Huttoe? And if
you're talking about that exam to be given January,
February, March, April, somewhere in 3A to 4 months,have the
books been selected?
Mr. Huttoe: Yes sir, the board approves the list established
for each level of promotion which is presented to us by the
Police Department and we have a policy to change a book on
that list we would not do it in less then 6 months prior
to the giving of an examination, and when they ask for a
change in the book list we inform them at that time,if by
the depletion of a register by promotion we have time for
these people to secure and study that book and that has to,
also the Police Department has to assure us to the availa-
bility of those books, and we've run into that problem
where they've asked us to change book lists and then we
found out that the book wasn't available, and we had to go
back to the original list, but we give them 6 months Sir,
and they have'been studying. Now this examination was
scheduled, and we were in the Federal Curt this morning
and the judge stated that he was not going to issue any
ruling; he was not going to tell the Civil Service Board
96 JAN 101974
1
theirit and their functions and he expected them to con-
tinue On custom.
Now, I talked to Mr. McCrary and I'll assure you that I
told him that we were going to proceed as to annoucements
and to these other things that we were not cancelling exams
this time: he agreed. But he certainly was going to be aware
of the actions of the board in.our announcements because we
hope we don't stop the City, but that he would be aware and
I'm sure that if get off base, no doubt, yes he's going to
let us know it.
Judge McCrary: You know the English is a pecu3 ia— thing, it's
very difficult, now let me make this as President Nixon say,
crystal clear. My position was and is that I was opposed
to giving of that examination on Aprii4th. I spoke tu
Mr Huttoe, I said I will abide by whatever the court rules.
The court rules this morning and an action filed by the
Fraternal Order of Police that they were not going to take
jurisdiction of a matter as to whether or not that examination
was given on April 4th and that the Order speaks for itself.
Now my none opposition to that was, if that examination was
approved by the agency that was to be hired, because I would
have to believe that we would all agree that the examination
given by the independent agency would be culturally free, and
the kind that the court talks about. Now, I'm
opposed to the examination the plaintiffs, or opposed to the
examination if it's given under the auspices of the Civil
Service Board because it will be in essence the same kind of
examination that the law suit is all about. If the inde-
pendent agency says this is a good and valid examination I
think that all parties are bound by it in all fairness. If
they do not say so whatever examinations they come up with
when we have agreed on them,both the City,and with we have
no objections I don't think that we have any complaints and
you ought not hear, ----
Mr. Plummer: Well Jesse, you know we got to be practical
once in a while, and what tells me is practical that this
test that is being given by the Civil Service Board, and
Mr. Huttoe says that they have already given out the list
of books from which the studying is to be done. If this
group were to come in and say, these books we don't feel_are
fair, you're going to have ohaos, you're going to have more
law suits.'filed then you can handle. Mr. Lloyd am I so far
off,- Mr. Andrews?
Mr. Andrews: You're making an assumption, which may be
a valid one, but it's an assumption at this stage that the
study materials are fine, but they're not going to change
a book but the area that they may make a major change is the
way the questions are pFraeed the kind of questions based
on those books and recognizing that there is a practical
problem and I'm sure you'd appreciate this that there are
Black people and Latins and Anglo-Saxons studying for this
material of this test and I sure the consultant would take
that into consideration, and we may use the same study
materials but it's the way the examination is going to be
given that's different.
97 JAN 101974
Mr. Plummer: Paul, remember J. L. told you.
Mr. Andrews: All right.
Mayor Ferret All right gentlemen, I think that we're be-
ginning to retrace.
Mr. Plummer: At the race track it's called "if common reverse"
Mr. Andrews: Yes, that's right, and I'm sure that with all
of us participating we're going to come up with the most
practical answer at the time that doesn't hurt anyone.
Mayor Pierre: I think this matter has been sufficiently
aired; I think the positions are clear; I think Father
Gibson's questions have been answered; I think your question,
have been answered, I think you're concerned about the exams.
We all understand the. varieties and the dilemma. Is there
anything ease to come up on item 382
•
98
JAN 101974
63._ AEPOR'CBYSI'CnIAdAGE&.- SGiS.. PRQMOTIQIiAL.PR4ELEti ESOLIIED
e
Mr. Plummer: Mr. Mayor, in a related matter before this
Commission was 3 sergeants and I think 5 captains 4 captains,
the City Commission directed that this matter try to be re-
solved by the City Manager. He has nhw been able to re-
so:ve that portion pertaining to the sergeants. Re has
agreed that all 3 of the sergeants will be given a 1 step
advance retroactive back till January llth, whenever everyone
else received theirs. There is still an area pertaining to
the captains that he has been unable to resolve hopefully
he will be able to do it administratively, but he has come to
a definite conclusion as it relates to the sergeants. Do
you want a motion from this Commission Mr. Andrews?
Mr. Andrews: I don't it's necessary.
Mr. Plummer: So then you will notify these 3 individuals
that theirs have been approved and you will have an open
and on going as it pertains to the captains for other areas
of explorations. but I think that should be known to the
Commission that 3 of them have been taken of.
Mayor Ferre: Anything else. We're going to skip item 39
temporarily. Take up item 40, Commission Calhoun.
J
99
JAN101974
•
64. _ REPORT ON PLANS FOR REDEVELOPMENT OF BAYSHORE DRIVE
Mr. Calhoun: Mr. Mayor, would it be all right if I proceed with a
statement before the Commission before I'm interrupted or answer
questions or what have you?
Mayor Ferre: All right, we won't interrupt you until you finish your
statement.
Mr. Calhoun: Mr. Mayor, ladies and gentlemen of the Commission. Or-
ganizations and persons who have called or spoken with me indicated
there was not an adequate public hearing. Apparently this was due
to the public not being aware that beautification and improving meant
4 laning and creating new problem areas. No one to my knowledge had
really gone over the plans or even seen them for that matter. 2 --
It would seem to me that Officers or least the Presidents Lf the
largest Civic Clubs in the area would be invited to view the plans
of such a project, especially one of such nature. Apparently the
time they were all fighting Pair Isle, incidentally this project is
aimed at, directionly of course, Government Officials, public Works
Departments,under the,old state philosophy, do not like public hearings.
Let this be another example where something was rammed through by those
with good intent. An investigation has proven that this area could
have been beautified at much less expense. It still should be im-
proved for instance, by moving the 4 lanes to 2 lane junction to the
South of Aviation Avenue. The present plan calls for merging 4 lanes
into 2 lanes right at an intersection. At this particular intersec-
tion this creates a disaster area. This item and a few others could
still be changed. The staff hasn't as yet indicated it want to change
anything. As a matter of fact a situation will be created which will
force the City to speed up the condemnation of the restaurant, which
was to be a park, and extend the 4 lanes to the North, which in effect
creates a situation or_why not take it all the way to Fair Isle and
Mercy Hospital, which probably is the original intent of those who
started the 4 lane in the first place. Mr. Grimm's-answer was that they
could take the restaurant if the intersection proved as I predict.
He also stated they could 4 lane South Bayshore now as there already is a
70 foot right-of-way. Can you imagine another 4 lane highway on 70
feet?
Can you visualize a person in a wheel chair using the ramp shown on
this plan trying to cross 100 feet of auto laden asphalt at Aviation
Avenue. A basketball star for that matter will have major problems
even with the traffic light. Sure we have a traffic jam; two times
a day on a village type roadway. Now when an auto stops,or tries to
turn into a narrow 90 degree driveway,to an apartment building, what
do we have? With these plans we'll have a jammed 2 lane highway at-
tracting more than before. We'll have a pressing need created
to continue the 4 laning in all directions, despite the statements of
record to contrary.
I don't now if I would want to spend more of my tax dollars, Mr. Mayor
in stopping this project in its entirety. Because of defensive at-
titudes and statements already made by staff I'm sure the judge would
clobber the taxpayer if we tried to wiggle out at this point. I do
think, however, that we can accomplish two things. 1 -- There are
some design changes that can be made if staff sincerely wanted to
and would get off the"don't bring bus loads of citizens' philosophy"
that seems to have been the system to certain extents in all govern
menus. 2 -- That pdrhaps this may be wishful thinking. Some good will
come out of all this, and loosen up on some present projects they may now
100
JAN 101974
_be working ort, so that there will not be a rem�" on for citizens to con-
etant1y have to light government. I'm not h,re to fight anybodbn_ 'on-
vince Mr. Plummer that Metro could do it better, so please let's
don't waste time on that one. I'm here to try and convince you that
come .attitudes ought to start changing. I'm here to get certain
matters into the record that apparently were put into the record
before, at taxpayers expense and not adhere to, for example: The
Dinner Key master plan accepted and paid for by the City, made by
Russell Melton Associates, stated, widening of South Bayshore Drive
was not necessary or advisable. I'm aware that if I were here earlier
the�televieion cameras would possibly_have made a big thing out of this.
I'm also aware of many other nitpicking_ interpretations that have
irritated the dickens out of the average citizen. I'm also aware that
I spent a greater part of my time protecting employees of government.
your government. Hence I tend to shy away from gamesmanship; and I'm
in hopes that we can in this instance change some attitudes, plans and
projects and lessen the gamesmanship. There are others who wish to
speak and I am in sincere hopes Mr. Mayor, that we can make this a con-
-structive meeting. Mr. Mayor, I don't believe sincerely that the
citizens have really seen these plans or gone over them or analysed
them. I am convinced that Mr. Triester and Mr. Goldberg and Mr. Price
were at the meeting, wanted to do the right thing, I'm convinced that
your staff wanted to do the right thing. I'm also convinced that in the
future if we handle such matters as this on a different basis that we
will come out with a better plan that everybody will be for, rather
then sit here and predict disaster areas Lr anything else. I sincerely
hope that you pursue this to some extent. I don't know that I can
pursue it any further.
We had a meeting and apparently they're not going to make any changes,
so with that I'd like to turn it over tc� Mr. Joe Callay. We've been aver
this with the Coconut Grove Civic Club, the Tigertail Club. The Greve
Civic Club is on record as not wanting to 4 lane the rest of main high-
way. They had a Board meeting and they said they couldn't do anything
about this, but it:came out at our meeting Mr. Andrews,not exactly
the way that you were told. Actually they had not seen these plans.
When I questioned, they had not seen them. When they were told by
Mr. Callay and myself the various things in these plans, they were
very much upset at them. Now all I can do is go back to report to
these people of what we have found in these plans. I don't think it's
in the best interest to try.to disrupt it or stop it. The contracts
already been let, but I do think there are things that can be done
with it and are lessons to be learned with it. Joe. Have you seen
these plans by the way?
Mayor Ferre: Now which plans, I don't know what you have in your hand,
Mike.
Mr. Calhoun: The plans of 4 laning South Bayshore Drive, where 4 lanes
go into 2.
Mayor Ferre: I've seen them.
Mr. Calhoun: You've seen them. Have all the rest of the Commissioners
gone over these?
Mayor Ferre: Anybody not seen them here? All right.
Mr. Calhoun: Public hearing Mr. Plummer, very few people were notified
of that of that public hearing except in the 300 foot, which is a law
I agree with you.
Mayor Ferre: Was it publicized?
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JAN 101974
Mr. Plu inert You know, I've been quiet now, and I assume you're
finished, now May I ask a question of you sir?
Mr. Calhoun: Yes sir.
Mr. Plm sners All right, sir. Are,you, or the groups that you re-
present sir, do you know haw many public hearing there were?
Mr. Calhoun: No sir.
Mr. Plummer: A11 right sir. For your edification, after public
notice in the newspaper I sat in on three public hearings. I don't
know if there were more, but there were 3, there was not just 1, OK,
so I don't like, and I do take offense to the word ramrod.
Mr. Calhoun: Well it has. I stated it and I'm on record.
Mr. Plummer: OK fine, that's your opinion of which you're entitled to.
But I think that when you afford the public 3 times to come this Com-
mission and be heard,I just dontse how you can conceive that's ram-
roding.
Mr. Calhoun: Three organizations haven't seen these plans Mr. Plummer.
Mr. Plummer: That doesn't mean that they weren't afforded the oppor-
tunity to.
Mr. Calhoun: I didn't say that.
Mayor Ferre: Mr. Plummer, I want to clarify this, just for my own
edification. Instead of asking .you let me ask the Manager,and I want
you to interrupt if you have some additions or anybody else here. I
want to ask these questions. Were there 3 public hearings?
Mr. Andrews: I think there were four.
Mayor Ferre: Were they published in the newspaper?
Mr. Arid'rewsi Yes sir.
Mayor Ferre: Appropriately?
Mr. Aac1fews: Not only published in the newspaper, but noticed were
sent out.
Mayor Ferre: 'Who were the notices sent to?
Mr. Andrews: Mr. Grimm can give you a list of the clubs, Civic Clubs,
the other organizations, Mr;. Mayor, and prior to the public hearings
notices were sent to all these organizations to come into the Public
Works Department to look at the plans.
Mayor Ferre: Mr. Manager.let me ask the following questions. When
these public hearings were held, were the proceedings reported in
the newspapers? Were there any newspaper stories about the proceedings?
Mr. Ate.=Not _. to -my memory, Mr. Mayor.
Mayor Ferre: It was not published in the Herald or the News?
Mr. Plummer: I believe that Mrs. Gordon made one point and it was a
concerned expressed by everyoneshere and we were unanimous in opposion.
102 JAN 101974
She waited a guarantee that this 4 laving would not go beyond Aviation,
and this Con*iesion went on record unanittously opposed to any further
widening and that I remember seeing in the paper. Am I right Mrs.
Gordon?
Mrs. Gordon: (Inaudible) up for another public hearing before we
gave that final OK on the contract and that was ruled down.
Mayor Ferre: That's my memory of it. 2 think that at that time, and
as I remember and going to have, Mr. Andrews would go back in the
record. I think I had just been appointed interim mayor.
Mr. Plummer: It is no.
Mayor Ferre: Yes I was.
Mr. Plummer: Mr. Mayor this
Mayor Ferre: Well wait a moment, let me finish my statement. Now
there had already been 3 public hearings when I was appointed interim
mayor, and Commissioner Rose Gordon had objected. She was concerned
that not everyone had been heard, and I think on the very first week
that I was interim mayor, and I want you to check the record on this,
there was another public hearing and this place was jammed packed.
As I remember the Tigertail Association was represented at that meeting
and I want you to go on the records and I want yr.0 to find out the
names of the people that spoke at that time, because I remember that
there were several Civic Associations. I'm not sure whether it was
the Bayshore or Tigertail or the Civic Club in Coconut Grove, or who
was represanting, but there were representationsof various clubs at
this meeting,and I just want to make sure that we get a hold, and I
would like those permanent comments that were made by those Civic
Associations that were represented, copied and mailed to Commissioner
Calhoun for his perusal.
Mr. Calhoun: Wait -a minute, that's not my style, let me make something
constructive. The county has the same problem. Mr. Goode went out
about a year ago and compiled a list of all of the Civic Clubs a
recognized incorporated Civic Clubs that appear before the Commission.
It's quite a list of the whole County, including the Cities, and his
policy now is, to the best of my knowledge has just been instituted.
If nothing is done in those neighborhoods, even by the State of Florida,
the County has anything to do with it unless we go to them and I've
been to some of them and I know it, this is a good policy, so rather
than making your Manager go back to prove something that really doesn't
have a lot of bearing.
Mayor Ferre: I want to know for my own edification.
Mr. Plummer: We've been doing this Mr. Mayor, for 2 years. It comes
that these groups, everyone of the Grove Groups get a copy of the
agenda.
Mr. Calhoun: I don't think they realize the full impact and I'm not
going to debate that with you. all I know is that they were in-
volved in another project,and they did not,for whatever reasons really
get involved in this and when I went to ask them, I said,well didn't
you have public hearing on this? They never even have seen these plans.
Mayor Ferre: Now which groups are you talking about, Commissioner?
Mr. Calhoun: The 3 groups.
JAN101974
•
Mayor Ferret Tigertail?
Mr. Calhoun: None of theta had seen these plans. Mr. Callay is a
registered engineer with Connell and Associates and he and I spent
3, 3 hours on these plans, and then we settled with nobody else to see
then and 1 said what are we talking about.
' Mr. Plummer: Mr. Mayor, you know we can talk and Mike made a very
good point and I with it, that if nothing more comes out of this we
can be more protective in'the future, but I think we have got to go
on record right now. No. 1 -- This project, I don't know, I'm taking
a guess, is maybe what 60 percent, 70 percent finished, roughly?
Mr. Calhoun: I think you can move this intersection back and help
a lot and I have an engineer's opinion to verify that, but that's
something we've got to talk about.
Mr. Plummer: Well wait a minute. Let me make my point, if I may
please. You know, it's all well and good after the barn's been
closed and we locked out the horse. I think that his point is well
taken, that we can't argue over spilt milk. It's done; it's been
done. Mike has an honest opinion,. in his estimation that suf-
ficient notice was not given. I sat through the hearings and I give
you my honest Opinion that more than adequate time was given, but
there again, ---so what I'm saying is this, I think the greatest
concern today,is the concern that Mrs. Gordon voiced at the time of
the last public hearing, and if it needs to be reiterated by this
Commission let's do so, that there will be no further widening beyond
Aviation. I think Mike, isn't that your greatest concern?
Mr. Calhoun: I didn't want this 4 lane. I think we could have
beautified it, and accomplish what we wanted to do if had a,
Mr. Plummer: But your future concern is that there will be no further
4 caning as it is from Aviation. South,you don't want it North.
Mayor Ferre: Do you want to make a motion?
Mr. Plummer: Well no, I think Mrs. Gordon should make it, she made
it before.
Mrs. Gordon: I did make it, and I think it's part of the public
records,that if it needs to be reaffirmed I'm certainly glad to re-
affirm it.
Mr. Calhoun: Perhaps you'd want to pass an ordinance to that effect?
Mrs. Gordon: Yes, and I'm also interested in your comment which you
didn't elaborate on,but which you did make,that there still could be
some correction to the intersection and what were you referring spec-
ifcally?
MXr. Calhoun: Well, unlike Mr. Callay, he's an engineer, my main
concern was that intersection and after we've gone over,and there are a
lot of other little things that possibly could be changed witbnut any ex-
pense or very little was our interpretation, but I don't know that we
should have to go out and redesign the whole thing. I think if staff
really wants to do this, they have the knowledge and the know-how to'.
do. I don't want them on the defensive anymore; I'm not here to fight
them.
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JAN 101974
Mre. Gordon: No, obviously everybody ie in a cooperative frame of
Mind and that's a good way to be. M. Grimm you heard the comment.
what is your expression on that?
Mr. Grimm: Vell I'd like to say this Mrs. Gordon, Members of the
Commission, as a result of Mt. Callay and Mr. Calhoun's continents we
have reviewed the plans. We are going to make adequate crossing ar-
rangemente for handicap at that intersection. We are going to take
care of the merging of the traffic in the limits of the project, which
will be for Aviation and we are going to actively pursue with Metro
Transit Authority some form of bus shelter or bench at the bus stops
that provided. Those are 3 different suggestions, well they asked
for and we're going to do that.
Mr. Calhoun: Mr. Grimm, just by painting strips,his, unless he's
changed it, interpretation of that meeting was to leave it the way it
is, but to paint strips on the street so that the cars would merge
sooner, but the street would remain there. I don't know if that's
really the right way to do it.
Mr. Grimm: Mr. Calhoun's concern was that we would not merge
through the intersection and we're going to solve that problem. so
that you'll be able to make a left turn at Aviation and you'll pro-
ceed one car lane towards town on Aviation.
Mrs. Gordon: That sounds reasonable; does that seem reasonable to
you?
Mr. Calhoun: Well not the way it was explained to me. I'm no traffic
engineer, but if you just paint lines on the street they can still
drive over the lines, there's curbing over there. I don't know that,
that's going to do it. I would like to see the thing, ---you could
move the curbing in and merge it where there isn't an intersection.
It's bad enough merging period.
Mayor Ferre: You know I think he's right.
Mr. Calhoun: I don't know how you, because if you leave it there it's
just going to be an invitation, it's going to be a problem anyway, so
we've got to correct this._
Mrs. Gordon: Mr. Grimm, can you accomplish the same thing the way
Mr. Calhoun's recommending it?
Mr. Grimm: Yes.
Mrs. Gordon: All right.
Mr. Andrews: You know, we're all sitting here, and please don't mis-
understand my comments, but we're being traffic engineers. You're
between Commissioner Calhoun, who I respect, and I respect all of you,
but you're sitting here designing an intersection when maybe we should
be seeking the advice of the professionals in this area,and if the
gentleman that Mr. Calhoun is pointing to,has this knowledge,and with
the traffic people and our people they can look at this and come up
with en adequate afsysr to the concerns that Commissioner Calhoun and
his people have.
Mrs. Gordon: Well that's fine. We're, ---
Mayor Ferre: Excuse me for a moment, Rose. Mr. Manager let me tell
you something. I can't tell you how many times in a very complicated
glass factory, or in a cement plant, some guy that hasn't the foggiest
JAN101974
105
idea about how to make glass will say, "why won't you cut the timing
on the drop one fifth of a second," and all the engineers hadn't
thought of that, and what Commissioner Calhoun is saying makes sense.
What he's saying is, that why don't we narrow the road doen before
you get to the intersection. Now that makes a lot of common sense.
Mr. Calhoun: Why don't you pass an ordinance to not 4 lane anymore.
,My wife just came up with that idea.
Mayor Ferre: Let's go one at a time. I'm not going to play traffic
engineer, but I'm going to tell you this, that makes a lot of sense
to me, now I think that ought to be looked into.
Mr. Grimm: Mr. Mayor, I'm well aware of my responsibilities. It
would be foolish of me to ignore the comments that were made here
today. I'll assure this Commission that I'll take care of that
properly.
Mayor Ferre: Thank you sir, and by the way I didn't mean, I don't
want you in any way misunderstand my statement. I wasn't saying
that you are incompetent, or the engineers that are involved in this
are incompetent. I'm just saying that,that's human nature and it
happen to me every day,where I think i know a lot about these things
and all of a sudden somebody says,why don't you do it this way,
and I hadn't thought of it
Mrs. Gordon: Mr. Lloyd, would it strengthen our position, our
policy position if we moved this in and make an ordinance of it?
Mr. Lloyd: Well yes, to this extent that of course it's a little
harder to repeal an ordinance than it is just to recind a resolution.
Mayoo Ferre: How do you repeal an ordinance; just pass another
ordinance?
Mr. Lloyd: By passing another ordinance after I so, really it doesn't
make an awful lot of diffence. It may be that much harder to repeal
an ordinance than it is a resolution.
Rev.Gibson: Mr. Mayor, you know any law you pass, if there isn't the
will to do what's there,is of no value. I would be opposed to an
ordinance. I think that we have to deal with the citizens of,this
community honorably. We say that we aren't going to 4 lane anymore Bayshor
Those of us who are here ought to put it in the record and live up
to it.
Mr. Calhoun: You said that in thds_report that we paid for, Reverend.
Rev. Gibson: I wasn't here. When I came here there were 4 lanes in it,
and I just want to incumbent to my successors.
Mayor Ferre: Father, you see, what was just said right here is exactly
what Commissioner Calhoun is worrying abbot, and let me be more anc-
cnct, and that's why also to take it one step further, Commissioner
Calhoun passing an ordinance doesn't mean a thing, and let me tell
you shy. Because as you know no legislative body can commit another
legislative body to anything, and as you well know since you serve on
one, that this Commission can something that a Commission 2 years from
now of a different composition can completely recind, and that's what
he's worried about. What he's worried about is that in the future
106'
JAN 101974
Como iasion 5, 10, 15 years from now isn't going to pay any attention
to what we said, they're going to want to 4 lane that.
Mr. Calhoun: My suggseation is that we really review a lot of projects
you have under way now and make sure we have them in the right sphere,
and the right thing so this won't happen again.
Rev. Gibaon: Let me respond:. I agree with you, we ought to review
them if need be, but Mr. Mayor, I'm part'of an outfit, the people who
preceded me develop liturgy,and you know one thing, I think it's
easier to go to heaven than to try to change that liturgy. All I'm
trying to say is, if there is a will for us to do that which is right.
and if the people who are they like you will come down here when we
try to change it, and make us remember, and make us know what you
mean to be what you said, we won't have no problem, but unfortunately, ---
Mt. Calhoun: Lot of these people got discouraged with this situation
Reverend, that's one of the reasons they didn't come down. I can't
apologize for that. It just happened,
Mr. Plummer: Mr. Mayor, it's pretty clear Mr. Grimm has said that he
will be more then glad to work with this gentleman, the engineer, and
will redesign that intersection. So I mean, I don't know what else
we've got to do.
Mayor Ferre: No, he didn't'say that; he said he's going to look into
it. Hut I certainly would stress that he look into it seriously with, --
I'm satisfied Mike, that he will.
Mr. Plummer: If he does, then Mike will be back here again to tell
us about it. I'm sure of that.
Mayor Ferre: All right, there's two other things that Commissioner
Calhoun pointed out and I want to follow up on this. I notice Metro
publishes in pretty big letters all these important things that are
going on. In the City of Miami things that are published, they look
like they are a little bit smaller, maybe we're saving a little money,
but I think on important public items that effect more than just one
individual that has an impact, I think we ought to go out and take a
big ad in the Herald and in the News, and spread it out and put the
City of Miami in drawings and all that, so that there won't be any
reason for anybody to say that they weren't properly notified. Now
would look into that and report back to the Commission, Mr. Andrews.
Mr. Andrews: Yes, I will.
Mayor Ferre: A11 right now, ----
Mrs. Gordon: I_wanted to add one thing to what you just said. Mayor,
andEthat is,where it's in a specific local that the newspaper of that
specific local also receive an ad.
Mayor Ferre: Why sure, if it's the Coconut Grove area we'll send it
to Coconut Grove newspaper.
Mrs. Gordon: Exactly, or if it is in Liberty City that the Times,or
whatever.
Mayor Ferre: Liberty News, don't forget. I got in trouble for that.
Mr. Plummer: All right have we got any other problem, Mr. Mayor?
You're the one that said that you had to leave at six.
Mr. Colley: Two minutes and I'll be out of your hair. I'm Mr..Callay,
107
JANJ01974
from the Tigertail Association. It looks like it's going to be one
of the nicest unwanted roadsthat'srgoing to be built in the history in
the State of Florida. 1 think the people,when they heard beautification
of South Bayshore Drive thought they were going to make it pretty, and
they are going to make it pretty. The people didn't realize that it's
going to be as large as it was or will be. They just thought they
Were going to make it look pretty, and who can be against that.
Flowers, trees, new paint on the concrete, it's a beautiful road. One
thing that Mr. Grimm has not mentioned, that was mentioned at the
meeting, was the concerned about parking for the recreational boaters.
Bad guys in times of low fuel supply, but very essential to south
Florida. That's why most of us live here,and work for what we work
for. This widening will effectively eliminate all the overflow
parking of the cars and trailers out on South Bayshore Drive that once
every 3 months or 4 months the Police Department goes out and writes
everybody a ticket because they're not suppose to park there, and then
you don't have a problem during the week because nobody is at the
auditorium. And on the week. -ends when you have a show you can't find
a place to park your boat or trailer for love of money.
You can go out and go fishing and come back before the guy parKed
the car gets to ti,e docx.
_ Mr._P1ummer: Have you seen the Coast Guard Base? The allocation down
therefor boats and parking of trailers.
Mayor Ferre: 14 million dollars.
Mr. Calley: 14 million dollars, when?
Mr. Plummer: No, no, I'm talking about right now.
Mr. Calley: Right now?
Mr. Plummer: I'm talking about,that we have( some 70 spaces allocated
for cars and trailers right:,now. At the Coast Guard we never had it
before.
Mr. ;allay: The last time I checked and asked I thought the closing
time down there was 5 o'clock.
Mr. Plummer: 7 o'clock.
Mr. Lally: It's at 7 o'clock? 7 P.M., 7 to 7?
Mr. Plummer: Right.
Mr. Callay: Glad to see that we've got that changed.
Mr. Plummer: No, it was never; that's what it was from the beginning
Mr. Callay: No sir.
Mr. Plummer: Yes sir.
Mr. Callay: Well,that's not what I read when I
Mr. Plummer: Well, then you read wrong sir.
Mr,_Callay: Let's get off on that. The main point we want to make is,
making 4 lanes at South Miami Avenue, which we all drive up and down
every day. The minute one car stops or parks you've still got a 2 lane
highway. So for all intense and purposes every morning, South Miami
108
JA N 1 01974
Avenue, whieh is a nice big" wide street, with a parkway in the middle,
is a 2 lane highway, not a 4 lane highway. So I don't know that we
really are going to accomplish any traffic deal, all we do is put
More traffic into 2 lanes. And I think this is unfortunate and I'm
in hopes that we could work things out and try to alleviate it because
it's going to be a problem.
Mr. Plummer:Well Mike if I may, Mr. Mayor just take one minute.
No one hae brought up the fact of the original concept of why this
was to be 4 lanes and only to Aviation Avenue, and I think there is
a very important point being missed. That point was,that 27th Avenue
was to be make a promenade and to be made a very wide street. With the
tearing down at these facilities and park purposes,that eventually
the traffic through the Grove would be routed to Bayshore.to use
27th Avenue North,and everyone using this facility down here would
likewise go out to Bayshore,ani go over to 27th Avenue to go north.
That was one of the original conceptions. It was not for Cocoplum,
Cutler and all of the rest. One of the original conceptions.27th
Avenue would be all of traffic and try to be diverted to that. That
was one of the original conceptions and I think its been overlooked
here.
Mr. Calhoun: Great idea, when will We be notified of the proposed
or possible considerations of the change that Mr. Grimm is going to
make?
Mr. Plummer: hopefully, if I may Mr. Mayor, you'll get together
with Mr. Grimm and work them out to where it won't have to come back
up here, and if it can't be worked out between the two of you, you
and Mr. Calhoun will come.back and
Mr.Callay: That which is not scheduled doesn't get done; that's what
my boss keeps telling me.
Mayor Ferre: There's enough emphasis here where it's going to be
done and Mr. Grimm is the kind of man that when he says he's going
to do something he'll do it.
Mr Callay: Unquestionably.
Mayor Ferre: All right.
Mrs. Gordon: Did you still want a motion to reaffirm our conviction
that we don't want it wided? We've already done this, but we'll do
it again. As policy of this Commission that the balance of South
Bayshore Drive and Main Highway not be widened.
Mayor Ferre: All right we have some other speakers, Anybody else
wants to speak on this item. Mrs. Calhoun and this gentleman here.
Are you a proponent,' opponents or what? All right. Why don't we
let Mr,, do you Want -to speak up Mr. Triester? Mr. Gobar we have
4 speakers on this. all right. You're proponents I think, right?
You are what, a proponent? Basically you are opponent, so we've
had several opponents, let's hear from proponent, then hear Mrs.
Calhoun, then we'll listen to the two gentlemen that are proponents.
Mr. Schimey?: 'My name is Ted Schimey.' I'm the president of the
Coconut Grove Civic Club. The Civic Club is concerned about the
on -going widening of Bayshore Drive. In -so -far -as it may promote
additional future widening in either direction, in other words,
toward the city or Main Highway. We're opposed to both of these things
and I'm delighted to hear your motion and hope very much it'll pass
and expect that it will. We as I say, are vitally interested in the
109
JAN 101974
AmminlINIF
preservation of in Highway as one of the most scenic and historic
1111
P 9 Y
VMS in Miami. i'M sure you're all aware that the Miami Urban area
transportation stuff ► called 4.. recently recommended the 4 laning
of Min Highway, in other words that's on the records now. Now I'm
a little uncertain about what govenment, be it city or county, has the
final authority on this proposal. And in a broader sense I'm un-
certain how much authority the county and other agencies have over
Miami roads in general. The purpose of my speaking here today is
to say that the Civic Club would like to see the City of Miami have
final authority on decisions concerning its entire road network,
�thef-we know where to come to express our opinions. Thank you very much.
Mayor Ferre: Well let me answer that. Un1.ke some of the scenes that
you continually read about the City of Miami, the City of Miami has
continually, year after year turned over function after function to
Metropolitan Dade County. The numbers are now, I think into the 30's
of functions that we've turned over. This is one of the functions,
we've turned over. The City of Miami has no jurisdiction at all on
matters like this, directly, however, (unidentified voice) but that's
something that you're going to have to take up with that gentleman
over there who represents this district in the County Commission.
Mr. Calhoun: The city has the jurisdiction of the 4 lane South Bay -
shore right out in fret here ,
Mayor Ferre: While jurisdiction on all roads within the purview of
the city boundaries falls within Metropolitan Dade County. Now the
City of Miami has specific projects which it can with its funds do.
This happens to be one of them. Now when we do these things and over
the last 5 years we have spent,$7,000,000 in five years. Now the
gas monies that have collected in the City of Miami, that you and I
have paid for is $70,000,000. in the past 5 years, and even though
we're suppose to get that money back, we have not.
We have not gotten a proportion of share from the state, and we have
not gotten, - Metro has not gotten a proportion of share from the
state. OK, and the City of Miami hasn't gotten a proportion of share
from Metro, because we've only gotten around $7,000,000. that we
actually spend within the boundaries of the City of Miami in the last
5 years. And the only reason I'm saying this,I want to show you the
smallness of the impact of the road building that this city does,over
a 5 year period $7,000,000. is nothing. OK, now once in a while we
do projects like this, this happens to be one. I was not. present
when this whole process started; I was here at the final voting. From
what I could see, and this was in May, April or May, it was my opinion
that this matter had been ampling discussed, That this room was filled
at that time with people, I don't whether were here or who was here,
but I know that your club was represented, and that there were many,
many people here as proponents and opponents, and that they were all
heard.
Whether or not this was properly advertised, I really want for my
satisfaction to find out.
Mr. Schimey: Mr. Mayor, I have no qualms about that; as far as I'm
concerned it was. I'm simply concerned about the future, and other.
to say and the County Commission will go, or the City Commission will
go on record again that they don't want Main Highway to be widened,
but you also say that we don't have control over it, so then what do
we do who. are interested1zn making sure that it doesn't happen.
110
JAN 101974
40.111110111111111111111111.....
•
Mayor Ferret Let me put it to you this way. If the County Manager's
office paaaes.as theAlwhen they publish a very thick and complicated
difficult book to follcv.as to what roads they're going to do every
year, and then they take that to the County Commission. They don't
Come to us, even if it's within our jurisdiction,-.--- well what's
Main Highway?
Mr. Schimey: Is there a,specific designation of those roads?
Mayor Ferrel Main Highway is considered,
Mr. Schimey: But could I get a list of that, Commissioner Calhoun
from the County as to what roads were included in this designation?
Mayor Ferret Because these are not County funds. This is the City, --
All
right John, why don't you explain this now.
Mr. Lloyd: The county has what is called a master plan of certain
arterial roads through municipalities within Dade County. The State
Road Department also has certain designated areas of State roads, and
there also Federal Highways as well, and in these area, if it's a
county arterial road the county has complete jurisdiction over it,
with respect to widening, maintaining and that, and the cities have
none. Roads which are not designated as arterial highways by the
county, or not designated, State roads or Federal roads, the cities
have jurisdiction over them to the extent of maintaining the roads
and establishing the roads. Now, with respect to traffic functions
the county has exclusive jurisdiction over all, but that's traffic,
it's not the roads themselves, and the county does have, passed by
a resoultion of the county back some years ago, a complete plan which
is available upon request. I personally know,I have gotten them,
because sometimes in our awn litigation we have to get these things,
and I think for sometime it was even down in the lobby of the Court-
house for all to see, but in any event they are available.
Mts. .G rdon: Mr. Grimm do you want to add something to that?
Mr. Grimm: For his benefit and yours, I could elaborate a little bit
on that. There's some 120 miles of designated Metropolitan arteries
in the City of Miami. Commissioner Calhoun may not be aware of it,
Bayshore Drive is one of them. Now, neither the State nor the County
is going to stop a local agency from spending their money on one of
their streets. As a matter of fact Dade County is participating with
us financially in Bayshore Drive to the tune of lighting it com-
pletely the section -that -we're now building.
Mr. Schimey: Does the County have jurisdiction over Main Highway as
well?
Mr. Grimm: Main Highway is a designated Metropolitan artery. It is
one of the 120 miles.
Mr. Schimey: Now what about the converse of what you said? If the
County decided with the State to widen Main, and the City didn't want
it widened, what course would we need?
Mr. Grimm: The County and the States, I think would have legal jur-
isdiction above ours, but as a practical matter I've never known the
State or the County to come in and build a road in a Municipality
where the Municipality wasn't violently opposed to it.
Mr. Plummer: If you want any edification on that think about South-
west 'Ith Street, where there .were hearing held in the Dade County Aud-
itorium with threats of all kinds made if they change that pattern on
111
JAN 101974
'nth and $th Str t, that was proposed by the State, the City carried
the ball and it was defeated.
Mr+. Gordon: Oven on Dixie Highway, -if you remember, the reverse
lane that was considered and we all fought against it, was dropped.
Do you remember that? It was only a year or so ago. For peak hours
of travel they wanted to reverse a certain lane. Do you remember
that? Are there other speakers, Mr. Mayor?
Mayor Ferret Yes, we have 3 other speakers. 1 hope briefly, because
I'M leaving in h hour.
Mr. Plummer: Who were the other speakers?
Mayor Ferre: Mrs. Calhoun is the next speaker. We'll recognize you
now Mrs. Calhoun.
Mrs. Calhoun: I respect your statement that you would not want any
further widening of Bayshore or Main Highway, and that if it is pos-
sible you do pass an ordinance prohibiting any further widening of
Bayshore or Main Highway. Thank you.
Mayor Ferre: Thank you, Mrs. Calhoun.
Mr. Plummer: Mrs. Calhoun, you inserted in that Main Highway, now
to my knowledge there has never been any public hearing before this
body or any other relating to Main Highway. Am I correct in that,
to your knowledge.
Mrs. Calhoun: To my knowledge. Yes, but, the general consensus of
opinion is, you know that there has been speculation about it.
Mr. Plummer: All right. Well let me tell you one Commission,
Mrs. Calhoun: It would just help to include both, I think.
Mr. Plummer: Well, you see I don't think that's fair. Now let me
tell you why. I don't think it's fair that you living on this end
of Bayshore Drive should have the right to tell the people who live
in this and adjacent to Main Highway what they should do, no more
than they should tell you what should happen on bayshore Drive. Now
my feelings .is, that if the day ever comes that there are proposals
made for Main Highway that this Commission would go on record of
having public hearings, as we have always done to hear what the people
of the area want. You see there might just conceivably be, and I'm
not saying that it is, I think I know the feeling as you do, that
these people don't want it,+but there might be some people who would
like to say, we would like to have an input. and this Commission has
also retained the right of public hearings to find out what the areas
citizenry want, and I surely would not want to preclude that on Main
Highway or any street in the City of Miami.
Mrs.'Calhoun: I think that's fair, however, I can assure you, that
public opinion is definitely against any further widening of Main
Highway. There's no doubt about it.
Nr. Plummer: Great, but I think they should have the right to voice
that opinion, but I don't we should preclude their right of having
public opinion. hearings.
Mrs. Calhoun: Fine; I respect that point, but I certainly think that
since we are discussing Bayshore, that,it would be,
112
JAN 101974
Mr. Plummer: ifeli, Bayshore is a reality. It's there whether
y we
like or We don't: it's there.
Mrs. Calhoun: t think that's a goon point, and I think scratch the
other, but 1 do think it would bolster public moral, and public trust,
by passing an ordinance.
Mr. Plummer: For Bayshore, fine. I see nothing wrong with it.
ReV. Gibson: Mr. Mayor, I want also, I'm sorry there's somebody
else who wants to speak.
Mrs.Reed: I'm Marilyn Reed, from Central Grove Association, and we
would like to go on record as opposing any further widening of Main
Highway, which is in our area, and we agree with the Calhouns in op-
posing any further widening up here. In addition to that,we oppose
any further widening of McDonald, 22nd, and 17th, which is incorpor-
ated in the Wilbur Smith report. We are opposed to that, and I want
it to go on record, and we are in concurrence with Roses, or is there
a motion you just made for an ordinance?
Mrs. Gordon: I did. I made a motion. Our attorney informed me that,
moving this in the form of an ordinance, or moving_ it in the form
of a resolution has no difference because we accomplish the same
thing, but quickly this way.
Mrs. Reed: Were in favor of what you proposed.
Mayor Ferre: It's already been done. I'd like to state further,
you know I ran recently for public office, and I wrote a letter, and
I went on record and signed it. It's published and I'm sure other
people have kept it.
Mrs. Reed: What reaction did you get from the State on that letter?
Mayor Ferre: I got a very nice answer on that, and I'd be very happy
to share it with you. Why don't you leave me your address and I'll
send it to you from Mr. Ravel, saying that, well I'll send you a copy.
Mrs. Reed: All right, fine.
Mrs. Gordon: Are there other speakers, Mr. Mayor?
Mr. Triester: I just want to make a positive statement here about
the additions that are under way in South Bayshore: (1). I think
they're good. I think the City Engineering Department deserves a
pat on the back for trying to do a good job, at least of the best of
their ability, which is all we can ask them to do. They prepared a
visual model, which was on display in their facilities, and I think
at the Commission•meeting several times this was discussed. •There
probably are good reasons against it, and a lot of good reasons for
it, but I think the community has debated this for several years. I
think it goes back, my recollection 4 or 5 years. I think that every-
body when it's finished, all the residents of Coconut Grove are going
to be very happy with the results. Just to give you an example, from
an architect's- planning point of view,of some of the things that
they've done.
There mark some major trees in South Bayshore Drive, that if the road
was projected straight they would have to be removed. So at some
expense to the taxpayers, and a lot of expense to the draftsmen, the
road ungulates and curves to save some of those trees which were not
. 113
JAN101974
replaceable. They also got some banyon trees, I think from some of the
other City properties that were being sold, and placed them on the
landscaping median, which ie, you know, on Main Highway, is one of
the greatest asset$ to the Grove, and hopefully in a few years, South
Bayshore Drive will have those banyon trees going over the street. '
I think we also have to remember that right now, there's puddles,
dirt, gravel, on one of the most important streets in Miami, and I
think a year from now, there'll be sidewalks, curves and proper
drainage, and I think everybody in the Grove that uses the park,
and that uses any of the facilities on this area will be very proud
of it. So I think we've done a good job and I want to compliment the
City in doing it. I also would like to agree with everybody that we
should not encourage through traffic through the Grove. Along with
the Civic Club and others I think that Main Highway is a great asset
as it is. I think if it's kept small it will discourage through
traffic, though it will be a hardship on maybe on'people that bring
cars through the Grove, particularly to the schoos. I think those
handicaps will discourage through traffic. The history of automobile
traffic is, when you give them bigger roads they have more cars, and
the through -ways in Los Angeles are great example of the greatestex-
pressway system and yet the most cars. So I think we should discour-
age that through traffic and I agree with that. At the same time I
think this short stretch of beautification is an important asset not
only to the development on one side but on the development which the
City is going to have, going ahead hopefully with the Marina expan-
sion, of park expansion, which is great and that kind of expansion
demands a quality boulevard here and not the street which is
existing.
I would like to make some positive suggestions in the spirit that
Mike Calhoun has brought up.
#1 I don't think esthetically that the street lights for instance
on Bayshore Drive and 17th Avenue are beautiful. In fact, I would
have to say they are ugly. I was told recently that they are federal
specifications.
I would like this City to come up with some good looking street lights
that are, I dont care what happened at 17th and Bayshore but now
they have 4 or 5 lights that are huge, they distract from the charm
and the beauty that could be there.
I hope on South Bayshore we could come up with some imaginative
street lighting with the County that isn't the government standards
out of a book but something great and I say the same thing with the
street lighting which many times is too obvious and not as beautiful
as it could be. For instance, you can light trees rather than to
directly light the street.
You can have indirect lighting at a low level like they do on the
expressway going to the Interchange at Rickenbacker Causeway
rather than high lights which glare into peoples faces.
So I would like to see the spirit of improvement that the City
Engineer is going to look at and I know they have already started
this by the way. On bus benches, Vince Grimm said the other day he
didn't want the County large concrete massive ones which I don't
like and I don't know if everybody else agrees, something plainer
and simpler and let us make the City of Miami lead the way in good
design.
I think another point is that the County and I don't think the City
buy maybe the City put too many signs on all our streets.
On the bicycle path.which everybody uses, there are 100 signs that
say bicycle path. There are signs that say low trees, signs now in
the C unty that show smiling faces. I don't'even know what it says
but the sign factors the County and the City have are really a
negative force in the beautification of this City and we have a sign
in the City of Miami at Biscayne Boulevard that says, you are now
leaving downtown Miami and theta way up past where the TV station
is, but I would like to see some report or some restraint on the
amount of signs that we put in the Grove and in other parts.
114 JAN 101974
Mr. Lloyd: On those signs, 1 could clear this up right away. The City
of Miami does not and cannot put up any signs such as traffic signs.
Metro Dade County and the State of Florida Have exclusive jurisdiction
over that and exercise it.
We transferred our traffic functions to Metro on July 1, 1960.
Mr. Tribater: I don't know how to do it, but we live in the City and
we don't want to the City over -run with signs if there is any way that
the City Planning Department could work with the County -
Mayor Ferre: Write Commissioner Calhoun about that.
Mr. Triester: One other quick point. I don't know if this has been
debated yet or not but in Coconut Grove, we have a street which I
think is a real shame. From U. S. #1, past Grand Avenue at Douglas,
that street has no sidewalks, no curbs and little drainage.'
Its black asphalt from the traffic lanes all the way to the shops
and its in the area that you know needs help. It has vacancies, it
has a very active community environment. It needs help. It needs
money and I don't know why we don't have curbs and sidewalks.
Maybe Father Gibson can help me on this, whether there has been any
move to do it but I think there has to be sidewalks, curbs, streets
and benches and parks, trees in the area from U.S #1 from Grand Avenue
at Douglas which is heavily used by the citizens of that area and it
just looks left out on the part of our community.
Mr. Plummer: That comes under the category that nothing can't be
solved if you have the money. Now would you like to leave your
blank check?
Mrs. Gordon: Is that the County's responsibility Mr. Andrews
or ours? To beautify Douglas?
Rev. Gibson: On Douglas, between Highway #1 and Grand. I think -
Mr. Andrews: Those would be the County because they are identified
as arterial streets.
Mr. Grimm: That section of Douglas and Grand Avenue from 37th
Avenue to U.S. #1 have been in repeated State Road Dept requests.
Rev. Gibson: And I think the HUD people- they were buying the
south lot of that street for the purpose of widening the street
and improving it.
Mrs. Gordon: All right, are we ready to move the motion now
Mr. Mayor?
Mayor Ferre: Go ahead -
Mrs. Gordon: Shall I repeat what I had before.
The City of Miami is opposed to the further widening of Bayshore
Drive and Main Highway.
Mayor Ferre: We didn't have Main Highway last time.
Mrs. Gordon: Oh yes I did.
Mr. Plummer: I can't go along with that Rose.
Mayor Ferre: We didn't have Main Htyhway before Rose.
Mrs. Gordon: Would you reaffirm? The gentleman spoke to it after
I -
Mayor Ferre: Yes but that is not the resolution we pasaed-
115
JAN 101974
4
ti
Unidentified Man: You Said there are no proposals now to widen
Main Highway?
Pltmunert Sot to any knowledge.
Unid.Mn: Yes but in the Mardi Urban Area 'transportation Study,
it definitely has recommended widening and I would like to see you
people tome out and..
Mayor Ferret We would have a public hearing.
Mr. Plummer: We would have a public hearing Sir, that is normal
procedure.
Mayor Ferre: I am going to tell you something, I think he is right
and going back now to my campaign promise, I think you are right and
we oughttp have a public hearing and have it all ex posed and let
it all hang out and vote on it.
Mr. Plummer: Fine but I am violently opposed to anything without
a public hearing.
Mayor Ferre: Let us call for a public hearing on the D.O.T
Transportation Study for the implementation 1980, you know the one?
Mr. Plummer: You know I am wondering. Mike, did you look on the
agenda to Item 30?
Unintelligible conversation from the audience. --
Mx. Grimm: No, its not in that.
Mayor Ferre: I know its not and the main resolution about that we--
-Ms-: Curry: My name is Carolyn Curry and I work for the Village
Post Newspaper. There is a master plan in effect for Coconut Grove a
Study. A study, there is nothing?
Mr. Grimm: Wilbur Smith has made a study.
Ms. Curry: No, no, no the zoning.
Mr. Acton: There is a master plan, under study for Coconut Grove.
There is no officially adopted ---
MA. Curry: Right, under study, with it understood that input comes
from concerned citizens of Coconut Grove, correct?
Mr. Acton: Correct.
Ms. Curry: Included in that study is Main Highway. A11 right, I
don't think we have to go any further until we get that study completed.
Regardless of whether the County has control over it we have been told
by the City Commission today that the feelings of the Commission, of
the Municipality would take precedent over the County when they feel
differently about constructing or destructing their roads. Is that
correct? Usually. It's a matter of practice. OK. I don't think
we should confuse the issue then if we've got a study, a master plan
under study. I don't think we should confuse it at all. We should
leave it with the input of concerned citizens to get this study com-
pleted, get the zoning that we want in the Grove and that will protect
Main Highway and other. Thank you.
116 t
JAN 10.1974
.iy.*. ..4111tK Aww.
i1 • LLii . Ii .
AILIFIMPIPhirt.4`40Yi h•
Mrs, Gordon: Repeat it then and if you prefer we will just tune in
on South hayshore.
Mayor Ferret We've already done this. We did it --
Mrs. Gordon: We have several tunes and we including Main last time
too. x venture to say if you'll research the records you'll find it.
Mayor Ferret Now Mr. Clerk you are shaking your head, why?
Mr. Ongie, Acting City Clerk: I wasn't shaking my head about that,
but the Commission did go on record by resolution as opposing any
further widening I believe of Bayshore beyond Aviation, that's
what I remember. That's been passed.
Mayor Ferret Did you say reiterate the resolution back in May let
it be that way. We have such a motion. I think that's a good idea,
since it's a new Commission. Is there a second?
Thereupon the following motion was introduced by Mrs. Gordon,
who moved its adoption:
A MOTION REAFFIRMING THE POSITION OF THE CITY COM-
MISSION OF THE CITY OF MIAMI THAT IT IS OPPOSED
TO ANY FURTHER WIDENING OF SOUTH BAYSHORE DRIVE
BEYOND AVIATION AVENUE
Upon being seconded by Mr. Plummer, the motion
was passed and adopted by the following vote: AYES:
Messers: Plummer, Reboso, Mrs. Gordon, Rev. Gibson
and Mayor Ferre. NOES: None
Following the roll call Mr. Plummer made the following
comment: Let me ask Mr. Mayor or Mr. Grimm. Mr. Grimm
Item 30, in any way does this affect any of the streets
in Coconut Grove, Item #30 which we passed earlier today?
Mr. Grimm: Yes 27th Avenue is on that list.
Mr. Plummer: I think it would behoove you Mr. Grimm to
give to us a full and detail list of what is included
in Item #30 and also any and all proposals that are now
existing for any of the areas as it surrounds Dinner
Key. I think it would be very interesting.
Mr. Grimm: I thought I had, Mr. Commissioner
Mr. Plummer: Well send us another copy, if you did Sir.
Thank you.
& .. URC I L O _ MIAMI ' ` RO LAWSU1L,RE: _SEWAGE _ FACILITY
The following resolution was introduced by Mr. Plummer
who moved its adoptioni
RESOLUTION NO. 74-41
A RESOLUTION BY THE MAYOR AND MEMBERS OF THE COMMISSION
OF THE CITY OF MIAMI URGING OUR COLLEAGUES, THE MAYOR
AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF NORTH
MIAMI, TO TAKE INTO CONSIDERATION ALL OF THE FACTORS
INVOLVED, HAVE FAITH IN THE GOOD WILL OF OFFICIALS WHO
ARE ATTEMPTING TO PROCEED WITH PLANS FOR AN AREA -WIDE
SEWAGE FACILITY, AND TO BE PATIENT IN THEIR OBJECTIONS
SO THAT AFFIRMATIVE STEPS MAY CONTINUE TO BE TAKEN TO
SOLVE THE AREA WIDE SEWAGE PROBLEM WITH FEDERAL FUNDS;
and further URGING THE MAYOR AND MEMBERS OF THE CITY
COUNCIL OF THE CITY OF NORTH MIAMI TO RECONSIDER THEIR
POSITION WITH RESPECT TO A PROPOSED LAW SUIT DESIGNED
TO PROHIBIT THE ERECTION OF A COUNTY WIDE SEWAGE
FACILITY
;Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted bY the following vote - AYES: Messrs. Reboso,
Plummer. Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
66. PROPOSED FUTURE ORDINANCE CHANGE TO INCLUDE PROFESSIONAL SOCCER
UNDER ORANGE BOWL PARKING PERMITS
Mr. Andrews: We have been evaluating the parking annual permit for
the Toros and other uses and I want to recommend.to the City
Commission that you consider authorizing me to Present to you an
ordinance change which would include the Toros under the football
parking permit.
Thereupon the following motion was introduced bY Mr. Plummer
who moved its adoptions
A MOTION TO INCLUDE THE MIAMI TOROS. PROFESSIONAL
SOCCER TEAM UNDER THE ORANGE BOWL PARKING PERMIT
TO BE PRESENTED BY THE CITY MANAGER TO THE COMM-
ISSION IN ORDINANCE CHANGE FORM AT A FUTURE MEETING
Upon being seconded bY Mrs. Gordon, the motion was passed and
adopted bY the following vote - AYES: Messrs. -Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
118 JAN 101974
5 ART ON_STATUS_.OE _CDMIUN. CATIONS AND INFORMATION TO. BE OBTAINED_
FROM !+ TROPOLITAN_afAD _ COUNTY AND OTHER AGENCIES _ WITH_ REFERENCE
TO THEILRECOM[MENDATLONS ON .MATTERS RELATING . TO _ THE _ MI AMI INTER-
NATIONAL AIRPORT AND SURROUNDING PROPERTIES
Mr. Acton+ Director of the Planning Department: If You recall+ the
Commission directed the administration to send letters to the Dade
County Port Authority, Dade CountY F.A.A. and the Airline Pilots
Association requesting the recommendations from these organizations
on whether or not the requested change of zoning on 42nd Court from
R-2 to C-4 was appropriate in that location.
These various agencies did respond to our letter of inquiry
and it is their consensus that the request of change of zoning would
be inappropriate if granted because it would represent the possibility
of residential development in C-4 with unlimited height. Since the
time that we sent the letters+ we have found out that Dade County is
very surely going to Pass new airport legislation as it affects the
height of structures that can be built in Proximity to the airport.
After digesting all the information and after considering the
potention of an Interim Zoning District+ it is the ()pinion of the
Planning Department both the CitY of Miami and Dade County that the
best avenue to travel would be that of developing a new zoning district
based on the report that was done by both Dade County Planning Department
and the CitY of Miami Planning Department+ we estimate it would take us
approximately 4 weeks to come up with a new zoning district to be
applied around the perimeter of the airport as opposed to applying
an interim zoning district which would take about the same amount of
time.
It is our recommendation that we proceed with a new zoning
district to be applied around the airport in the City of Miami working
in cooperation with Dade County Planning.
Rev. Gibson: Would Dade CountYs requirements be about the same as ours
based upon what You recommend to us?
Mr. Acton: Yes they would be very similar. Land uses around the
airport are fairly similar both in Dade County and the CitY of Miami
because the airport as You know is bordered by Le Jeune which is in
the CitY of Miami to an extent and also 36th Street which is mainly
in the County. The Point is that the land uses around the airport
are very similar both in the City and in the County and the considerations
are quite similar also.
Rev. Gibson: If we come up with - pretty much like+ then there are
some loopholes. I Just feel if we strongly about our Position in
regard to the County on the Airport+ wouldnt it be Just as easy for
us to go in and if the restrictions are there+ adopt the same
restrictions and everybody knows it from the word go and then they
wont come here Jockeying with us.
Mr. Acton: What I am suggesting Commissioner is that we do Jointly
develop land use regulations although You realize that the zoning
designation would be different in the City than it would be in the
County. We have different zoning ordinances but the contents would
probably be almost identical.
Rev. Gibson: Well all right+ in other words+ the height+ density
would be the same even if we call it by another name in zoning?
Mr. Acton: That is correct.
119 JAN101974
GOAD POST FOR EMERGENCY US,
Mr. Plumrerr Mr. Andrews. what would YOU like this Commission to do
to dive YOU the latitude to get 'this thing eurchasedt
Mr, Andrews:, Give me the authority to` to ahead and receive the
bids for some of the eouipment that is necessarY.
Mr. Plummer: You want that? Does that have to be in writing?
Mayor Ferree Sure. You are going to spend money Brent you?
Mr. Lloyd: If You are going to sPend money. You have to give him
the authority by resolution.
Thereupon the following motion was introduced by Mr. Plummer
who moved its adoptions
A MOTION AUTHORIZING THE CITY MANAGER TO RECEIVE
BID PROPOSALS FOR THE PURPOSE OF PURCHASING A
POLICE AND FIRE MOBILE FIELD COMMAND POST FOR USE
DURING EMERGENCY CONDITIONS
Upon being seconded by Reverend Gibson. the motion was Passed
and adopted by the following vote - AYES: Messrs. Plummer. Reboso,
Mrs. Gordon. Reverend Gibson and Maror Ferre. NOES: None
69s DISCUSSION OF EXTINGUISHING FLAMES AT TORCH OF FRIENDSHIP AND
GIRON MONUMENT
Mayor Ferre: Ill tell you my opinion on this Mr. Andrews, and as
I told you yesterday, we now get the gas donated by the Gas Company
and they are telling us how they can heat 300 houses in the winter
with all the gas we are going 'to save, is that right? But I didnt
see that theY said they are going to heat those 300 houses for free.
Mr. Plummer: You are looking;a gift -horse in the mouth.
Mayor Ferree You better believe it. I am not going to let go of
that $2000.
Mr. Plummer: Wait a minute. ,Mr. Maror. out of the courtesY of these
peoples heart in the past theY have given it to You for nothing.
Now that there is a crisis existing. You are going to ask to donate
to You?
Mayor Ferree You better believe it. I am not going to let them
take it from us to charge 300 people to heat their homes.
Mr. Plummer: Mr. Manor. thats unfair.
Maror Ferree Is that right. well I have news for You, now they can
donate to the United Fund or to the Red Cross -
Mr. Plummer: They have donated to us since these things have been
in existence. Now are You going to tell them to donate money?
120
JAN 10 V74
Rev. Gibsont Mr. Mayor. I think it is Just as patriotic to burn
the torch of f-iendshi0 light in the midst of all that we say.
dont think this oitture ie doing to be changed significantly that
much. Ito Just deed P-R for the brothers.
Let me say. PeoPie talk about waste and all that. Its a bunch of
baloney. That is a good civic gesture and investment and we ought
to keels it.
If this, had said to me and this is the way I am going to vote so
You know how I am feeling. If they said. we are doing to heat 300
houses for poor People or people who wePent able to do otherwise.
in lieu of. I would have said. beautiful. I will get You a write-up
in the paper but I am not about to give that thing awaY.
Mr. Plummer: Mr. MaYor. the man is here from the Gas ComaanY.
Lets ask him and Put him right on the spot.
Mr. Andrewsi Mr. MaYor while he is coming uP. I wanted to record
for the record a telephone call that Commissioner Cain from the
County called our office and wanted to inform me so that I in turn
could inform You that he is opposed to the extinguishing of either
of the lights at the torches.
Mr. Plummer: Would You please tell me exactly how critical this is?
Mr. Tremblay: MY name is Phil Tremblay. I am the Manager of Florida
Gas.
This thins was taken uo in the spirit for which the President of
the United States says. we will cut off all lights we can and
conserve all kinds of energy. Period.
In our company. we went around and we cut off gas lights around a
pretty building on Biscayne Boulevard. We have asked people through
advertising to cut off their gas lights that are decorative.
We have 2 torches in Miami and we went along with the theme of the
nation and this is why I Presented this to every Commissioner and I
sent them a letter. Now we have a very good sUPPIY of natural gas
in the State of Florida. I am happy to say. especially in the Miami
Division. We do have a good adequate SUPPLY of gas.
All I wanted to do was to go along with the same theme that our
company was doing all over the State and what they are doing all over
the nation.
Mr. Plummer: Mr. Trembley, can I have Your assurance Sir that if
the situation should change. You would re -notify this Commission
and at that time we would think differently but at this time. I
think the consensus of this Commission is that we leave them on until
the situation actually gets critical.
Mr. Trembley: You have MY word about lighting the torch up whenever
you want to. If we turn it off. it is a gesture on the part of the
City of Miami that theY would turn off this gas in Lieu of the fact
that there are an awful lot of People north of Florida that have a
problem.. saY with natural gas. Now each of these Pipelines hold a
reserve. Our reserve here in Florida is verY good. I am Just saying
that we should go along with the gesture.
Rev. Gibson: Didnt I read in the paper or see on television that
after You leave Dade County they dont have any Problem like saw gas
in cars? That we were the onlY people in the state that were lining
up 30 and 40 and 50 deep. That we were the only people who Panicked.
I think I should observe the fast but not if everybody is eating the
fat of the land.
Mr. Tremblay: I am not a gasoline man. I am a natural gas man.
121
Mrs. Gordon: A Point of information. Could this be turned down
e little bit without being turned off?
Seriously, it has a Psychological value in keeping it lit.
I really believe that it does. Its a comfort.
Mayor Ferrer Now this gentleman here from Florida Gas is to be
Commended for doing what his company is doing and what the President
has asked and whether we like the President or not• he is our President
and he is speaking as chief executive of our nation on a matter of
Concern for everyone in the country.
Now Florida Gas sends on their bill, help conserve energy. I would
like to share with You a -card that I received by mail.
It says - how about the gas burning daY and night at the Freedom
Tower in downtown Miami/ enough is enough. WhY continue wasting
our resources blatantly? This is one opinion.
Senator Cain has another opinion and thinks We ought to keep on
burning it because its a symbol. Now let me tell You mY opinion.
This is not the statue of IibertY. It is a nice symbol and it is
an important symbol and it has been in our midst for 10 or 12 Years.
The Statue of'LibertY has a woman holding a torch but the torch is
not lit. The torch is there and its a symbol.
Now whether or not the gas burns or does not burn does not in any
waY lessen the city of Miamis friendship to our neighbors and its
not the torch of freedom, its the torch of friendship, and the fact
that its there and that it stands and that it is a symbol and there
is a torch there means that we are conscious of our neighbors to the
south which that Torch of Friendshib suoposedlY symbolizes friendship
towards and I for one dont see a bit of difference whether that light
is lit or isnt lit as to whether or not we extend our friendship to
our neighbors to the south.
Now the President has warned us of an energy crisis. I read in the
PaPers that people are hoarding fuel. I dont know whether there is
or isnt, I am just as confused as everYbodY else.
But as long as the president of this nation says there is. nobody
has challenged it to the extent to know whether its true or not.
I think its for a fact that there is a shortage of fuel and espec-
ially a shortage of gas. Whether that shortage of gas is affecting
Miami or El Paso Texas is not the point.
Now. I have nothing against turning off that light. Under 2
conditions. (ai We state that it is a temporary move on our Part.
and that if You want to put an electric light to sYmbolize it or a
sign there to say this is temporarily off and when the emergency is
over. and I am sure the emergency will be !over some day.
Theta fine.
02 I think this is a very nice gesture on the Part of Florida Gas
and we are very grateful and I am glad it is a gift and I dont
want to give it back. You can take it back but I dont want to give
it back so You do something else.
Mr. Plummer: Mr. Mayor+ let me ask this question. If their generosity
stoPPed tomorrow, where would we be?
MaYor Ferrel; That is something else.
Mr. Plummer: No I think its a real thing to deal with.
Rev. Gibson: The man who gives profits and benefits as much as the
man who receives. Even in the Process of saying good morning You are
giving and you are also receiving. You receive the satisfaction of
knowing You said good morning to somebody and smiled.
If in Your conscience YOU can be contented with cutting it off Sir.
I will be one of the first -
Mr. Plummer: Let me ask. Has the other well known torch. that on
Kennedys grave been turned off?
Mr. Tremblay: No. I understand that will never be turned off.
122
JAN 101974
Manor Ferris Dont toll me that Kennedys grave is suite in the same
CittdorY as our torch of Friendship?
Mr. Plummer: No Sir. but the crisis is in Washington the same as
it is in Miami.
Mayor Parrs: I dont think President Nixon is going to extinguish
President Kennedve flame.
Lets go on to something important.
Mr. Plummer: Well what Wave we resolved here?
Mayor Ferre: We are Just going to Pass over this. Unless somebody
speaks out otherwise. I told you what i think. I think we ought to
turn it off. I dont feel that strongly about it.
Does anybody want to turn that light off. Is there a motion to turn
the light off? Hearing none-
70; APPOINT & ELECT COMMISSION APPOINTED MEMBERS TO THE MIAMI
CIVIL SERVICE BOARD
The following resolution was introduced bY Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-42
A RESOLUTION APPOINTING AND ELECTING CHARLES
HUTTOE. STEPHEN KOUCHALAKOS AND CHARLES HADLEY
AS MEMBERS OF THE CIVIL SERVICE BOARD OF THE
CITY OF MIAMI TO SERVE FOR A TERM OF TWO YEARS,
AND PROVIDING FOR EMOLUMENTS OF OFFICE
(Here follows body of resolution. omitted here and on file
in the City Clerks Office)
Upon being seconded by Mrs. Gordon• the resolution was Passed
and adopted bY the following vote - AYES* Messrs. Plummer. Reboso+
Reverend Gibson. Mrs. Gordon and MaYor Ferre. NOES: None
71. PARK LAND COMDEMNATION REPORT BY CITY MANAGER AND CITY ATTORNEY
Mr. Andrews: I want to report to the Commission and the City Attorney
will Join me in a moment. that arrangements are Proceeding and
Preparations are being made to Proceed into court and there is stilt
some last elements that need to be Prepared Particularly on Friday
and over the weekend. I am not sure of this at this stage. Mr. Mayor
I suggest that you stand bY so that if we advise you, you might need
to call the City Commission into special session on mondaY morning
at 8 o=clock so that Mr. Lloyd can brief you on the final details
of the way he is going to proceed into Court on the St. Joe Paper Co.
Mr. Lloyd: The court hearing starts about 9:30 but there is another
court hearing tomorrow on the necessity of taking on which we will
get further information.
Mr. Andrews' Its so important that I think that the Commission would
want to be apprised of exactly how we-
._ 123 JAN1019 4
Mayer Ferrel I BM going to be mort ssecific than that.
Let Me Out it to YOU this Was. You be areoared maybe Tuesday for
b SOecial Commi#siof meeting on this matter.
Nt'. Arldrewst its got to be Monday.
Mayor Ferrel it might be Monday, it might be "Tuesday.
Mrs. Cordons When is it going to be in the Court?
Savor Ferree Monday but there are several things that might be
dtvtloaing.
Mrs. Cordons Well can You be more specific and less mysterious?
Mayor Ferree .I wish I could. I dont mean to be mysterious, its
Just rather nebulous at this Point. I cant tell you anything more
than that.
Mr. Lloyds There is a further hearing on the necessity of taking
tomorrow about which we dont know the outcome. They might dispose
of it, we dont know.
Mrs. Gordons The necessity of taking?
Mr. Lloyds Yes.
Mrs. Gordons Where is that being heard and when?
Mr. Lloyds about 9 or 10130 in the courthouse in Judge Lees chambers.
If You call MY office tomorrow morning, we will tell You.
72. PURCHASE RECORDING -TRANSCRIBING EQUIPMENT FOR CITY COM('[ISSIQN
MEETINGS FOR THE OFFICE OF THE CITY CLERK
Mr. Andrews: The City Clerk has described to me various recording
equipment that is needed to Properly record these meetings and to
transcribe the minutes. The equipment we have has gotten quite old
and is subJect to break down and I am asking that You adopt this
resolution.
Mr. Pfummers I will make a motion not to exceed $2,500.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-43
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER TO ADVANCE BUSINESS PRODUCTS FOR
THE ACQUISITION OF RECORDING AND TRANSCRIBING
EQUIPMENT FOR THE CITY COMMISSION MEETINGS IN THE
AMOUNT OF $2,406.121 AND AUTHORIZING THE EXPENDITURE
OF FUNDS FROM THE CAPITAL OUTLAY BUDGET OF THE
CURRENT CITY CLERKS BUDGET; SAID PURCHASE BEING
AN EMERGENCY MEASURE AND WAIVING THE BIDDING REQUIRE-
MENTS FOR SAME
?Here follows body of resolution, omitted here and on
file in the CitY Clerks Office)
UPon being seconded by Mr. Robeso• the resolution was Passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon. Reverend Gibson and Mayor Ferri. NOES' None
1.24
JAN 101974
73. EXPANSION _OPKIRKMIME PARK
Mr. #ndrewst The expansion of Kirk -Munroe Park in Coconut Grove
we have been negotiating to acquire 4 additional Tots to complete
the Park expansion program. We are right at the point where we
thought we were going to close on the property as far as an under-
standing and the owner makes a decision to sell to someone else.
We are therefore asking that you give us permission end the City
Attorney to move ahead on Condemnation.
The City Manager then read the resolution title into the record.
Mr. Andrews: Mr. Crouch+ will you tell us exactly where it is?
Mr. Crouch+ Asst.City Manager: Kirk -Munroe is the park over here
that used to be the tennis courts at Matilda and is the vacant
lots to the west.
Mrs. Gordons Can you dive us a little more information about it.
Why+ suddenly?
Mr. Crouch: Yes, we were in negotiations for the acquisition and
the citys appraised values on the property were co nsiderably Tess
than the owner paid for the land when he first bought it and he was
asking about 75% more than our appraised value. We negotiated and
he has another person involved to bur it at a higher rate for a
speculative purpose and this man can get out of the deal if the City
takes the action to get into and authorize the condemnation and
so it would throw us back with the owner rather than a new owner.
Mrs. Gordon: Well what happens+ do we then have to go and spend
money in court?
Mr. Plummer: That is what he is talking about right now.
If you dont tie it up, you will Lose it.
Mr. Crouch: We have been unsuccessful with the present owner and
if th{s sale materializes then its facts presented to the Court
that would increase the property and gat us out of -
Mrs. Gordons i am thinking how much its going to cost to go to
COurt when you could negotiate it maybe for less.
I dont know what prices are involved in this whole thing bit 3 am
Just saying whatever the difference is between whatever amount he
is getting and the amount you are offering right now.
Mr. Andrews: Can I give you a rule of thumb Mrs. Gordon?
Normally+ when you negotiate or you get appraisals+ You go into
Court you get appraisals and the person whose property is being
condemned gets appraisals+ those 2 appraisals are usually averaged
and then you can figure as a rule of thumb+ 10 to 15% more than
that cost. The cost we are talking about now runs 75 to 100%
more than the appraisal cost that we have.
Mrs. Gordon: And is he Setting a sale at that Price?
Mr. Andrews: Apparently.
Mrs. Gordons Well then something is wrong somewhere.
Mr. Andrews: Thats what I am saying. That is why we want to go to
condemnation.
Mrs. Cordon: And condemnation of course will look into that whole
situation but we are going to be spending money in Court.
Mr. Andrews: I am not sure it would look into that situation but
it would certainly take into consideration our appraisals on the
property.
Mr. Lloyd: it will also put a —on the property if we can
Set the condemnation in before the sale toes and theta a lien on
the Property. A cloud on the title.
125 JAN 101974
i
Thereupon the following resolution was introduced br Mr.
PluMMer who Moved its adoption:
RESOLUTION NO. 74-44
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI' DETERMINING AND FINDING THE NECESSITY FOR A
PUBLIC PURPOSE IN ORDER TO PROVIDE FOR EXPANSION OF
KIRK MUNROE PARK• TO ACQUIRE BY CONDEMNATION OR
OTHERWISE, THE FEE SIMPLE TITLE TO CERTAIN LANDS
DESIGNATED HEREIN AND DIRECTING THE DEPARTMENT OF
LAW OF THE CITY OF MIAMI TO INSTITUTE AND
PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL
ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS
PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE+ INCLUDING
THE FILING OF THE DECLARATION OF TAKING AND THE POSTING
OF THE NECESSARY BOND
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson the resolution was
Passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso+ Mrs. Gordon+ Reverend Gibson and MaYor Ferre. NOES: None
74. CONSULTANT SELECTION- MIAMI COMPREHENSIVENELGHBOBHQQD DEV.PLAN
Mr. Andrews: The last matter is the consultant selection of the
Miami Comprehensive Development Plan. I submitted a memorandum
to you dated January loth with 3 respective -
Wallace McHarg, Roberts do todd, Philadelphia, Pennsylvania
Rogers, Taliaferro, Kostritsky and Lamb, Baltimore, Md,
Barton Aschman Associates, Washington, D. C.
With your indulgence, I think it would be wise for you to look
at this report+ we digest it and consider it on the 24th.
Mr. Mayor, how do you want to Proceed on this?
Do you want the city administration to make a recommendation to
you and rank them as a suggestion. Do you want all 3 of them and
make up your own mind?
Mayor Ferre: I want you on the line. You rank them. I want
them 1,2+ 3.
Mr. Plummer: Mr. Mayor, you dont want to placate this Commission
having the right to hear the 3. you still want him to go on record
which I would want, but we also want the right to hear all 3 grouPs.
We want both Paul. We want to hear them but we also want your
recommendation.
Mayor Ferre: I want more than that. I want you to say, this is
1+ 2+ 3. 1 because he got 95 Points in mY scile and cat because
he got 80 Points and here is how I scaled him and 02 because he
got 72.
Mr. Andrews: We will do that and we will supPlement this memorandum
with another with that kind of information.
12t3
JAN 101974
•
. _ PRSONAL APPEARANCE _�- . MA _ RI CHARDS
Manor Ferree
I will recognize Mr. Richards at this time and let me give you some
background on this at this time.
Mr. Sam Long of the Plumbers Union called me yesterday about this
matter and it has to do with our inspectors.
Mr. Richards: First of all I would like to thank the Commission
for giving the City Manager the new tape recorder because thats
ono of my problems.
On March 8th, Verger gave a report at the Commission Meeting.
At that time+ I made mention that there was an error in his findings
between the Inspectors and the Journeymen who work for the City.
After me giving MY report, Reverend Gibson did speak to Mr. Yarger
and he did say that these things can be straightened out.
In the interim of the meeting, Mayor Kennedy spoke to the City
Commission, ah+ the City Manager and directed him to make these
corrections and he asked him if he had the monies for this particular
item which was. I dont know how much detail I should go into.
If he had the money, if these corrections had to be made and he said,
yes• we have the money.
In the minutes of the March 8th meeting which I have here, the
Mayor asked the City Manager at the time if they can vote on it
at that particular time and he said. it would have to be done according
to the Charter. October the ist.
As of today, my problem with negotiating with the CitY Managers
office is that there is no record of the MaYor or the Commission
directing the City Manager to do this plus there is no record on
this tape that shows that the City Manager said the money was there
for us when this thing was corrected.
MaYor Ferret Now lets see if we can cut through -
Mr. Andrews: I only have one problem that I want to pose to the
CitY Commission. We have dealt with this matter for a considerable
length of time and I cant deny what he is saying.
I dont know it to be fact because there is no record of this and I
cant rely on my memory of this specific instance and all I can tell
you is that if the Commission wants to accomplish something positive
in here, we ought to have the Civil Service Board audit this
position or find some way of auditing it, not this position but that
family of positions. and relY on what Civil Service would determine
rather than picking it out and singling it out and saying that it
requires an adjustment.
Too much time has passed now to start rolling back some of these
things and I think they ought to be accomplished in a more scientific
way than exercising Judgment that it should be increased for one
reason or another.
I don% know if he would go along with that and we would bide by the
findings of the audit.
Mr. Richards: The only thing I feel about it is that from March
the 8th until this time, I feel that, I cant say you Mr. Andrews
but the people that work under YOU, have given us a bum steer where
at times they said. Yes we made the recommendations and its on the
City Managers desk to be signed and then they would give us other
excuses. Then a Mr. Johnson would say that, well I wasnt here at the
time and there is no way of me knowing this.
Mr. Parades of your department said yes, there is an error, that
the inssaectors were always a step above the Maintenance Plumbers
and Electricians and the reason why it was not put in the budget
is because this thing was presented March the 8th of last year and
it was taken for granted that this would be accepted October the ist.
Mr. Andrews: Well would you. may I address him Mr. Mayor?
Would you agree that the fair thing to do at this time. rather than
try to do this obJectively and then cause other kinds of problems
to come in. it would be better to have the Civil Service Board
conduct an audit on thisone through the Executive Secretary and
make a determination that is more scientific than would be;
allocable to the -
Mr. Richards: Well after all these months have passed by and I
had a 4 hour meeting with Your office today, there was only 4
127 JAN 101974
people that it Could effect in the other department because there
is onty 4 vtoplt that would be involved so 1 dont think there is a
big problem.
Mr. Andrewss I think it has a solution if you will permit the
Civil Service Board to look at it and do it scientifically and
1 will help initiate that,
Mr. Richards: Okay.
Mayor Ferret Comeback in 2 weeks.
Mr. Andrewss You have got.to give them time to conduct an audit.
It may take 6 weeks but I will initiate this real quickly.
Mr. Richardss Well would this be retroactive as i told the Clerk?
Mayor Ferris Yes yes.
Rev.*Gibson: And Mr. Mayor+ I hope this is on the tape this time
because I remember+ I raised the question+ now what as to the details+
I dont recall+ but I hope that this is on the tape.
That wasnt your fault. Thats one of the reasons I was glad to vote
for the new tape.
Mr. Ongie+ Assistant City Clerks Reverend Gibson+ I wasnt asked to
speak but I have listened to this tape 4 times. Mr. Johnson listened
to it and Mr, Andrews listened to it. There is no break in this tape.
There are items that preceded it and Mr. Reese talked right before you
did and there.is nothing missing from that tape and its not in my notes.
Mr. Andrews: I appreciate you indicating that. I didnt even want
to address myself to that area because I would rather look forward
as to what we are going to do.
Mr. Richardss I didnt want to bring anything ua neither but I also
listened to the tape with the permission of the City Manager+ and
there is a section that does have about a hum in it for about a
little better than half a minute in that -
Rev. Gibsons All right+ all right.
Mayor Ferret Thank you for your patience. We stand adiourned.
ADJOURNMENT: Then.e bung no dunthen bu.dineas to come beione the
C ty CommthA Lon, the meeting wa4 ad jouhned at
7:15 O'Ctock P.M. th.ia date.
ATTEST: Ratph G. 0fgte
A44tAtant City Clenk
MAURICE A. FERRE
Mayan
128
CifY OF MIAMI
DOCUMENT
MEETING DATE:
INDEX JANUARY 10, 1974
ITEM NO.
DOCUMENT IDENTIFICATION
COMMISSION RETRIEVAL
ACTION CODE NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
COMMISSION AGENDA & CITY CLERK REPORT
(20 pages)
PUBLIC NOTICE -SANITARY SEWER -PHASE II-
SR-5377-C- December 7-1973
CLOSING FOR PUBLIC USE THE E-W ALLEY RUNNING
15TH AVENUE BETWEEN 28TH AND 29TH STREETS
CONDITIONAL USE -PERMIT STRUCTURE AT 4011 WEST
FLAGLER STREET TO BE USED FOR DOCTORS AND
DENTISTS
GRANT PERMISSION -TO PERMIT PARKING ON TOP OF
ACCESSORY PARKING-1000 BRICKELL AVENUE
CONDITIONAL USE -CONSTRUCTION OF PLANNED UNIT
DEVELOPMENT-2920 N.W. 14TH STREET
CLOSING THE INTERSECTION OF NATOMA STREET AT
SOUTH DIXIE HIGHWAY TO VEHICULAR TRAFFIC
CONDITIONAL USE -TO PERMIT EXCESS OFF-STREET
PARKING-S.W. DIXIE HIGHWAY AND NATOMA ST.
APPROVING THE METROPOLITAN DADE COUNTY WATER
QUALITY MANAGEMENT PLAN
ACCEPT COMPLETED WORK-C.A. DAVIS INC.-ORANGE
BOWL -SPIRAL RAMP REPAIRS (PHASE II)
SANITARY SEWER BOND FUND PAYMENT TO THE MIAMI-
DADE WATER AND SEWER AUTHORITY
ACCEPT PLAT ENTITLED SOSA TRACT 1ST ADDITION,
A SUBDIVISION CITY OF MIAMI
ACCEPT HIGHWAY RIGHT OF WAY DEED -GREYHOUND
LINES INC.-10TH STREET BETWEEN N.E. 1ST AND
2ND AVENUES
ACCEPT REPORT FIRM WALLACE,MCHARG,ROBERTS AND
TODD ENTITLED DOWNTOWN MIAMI 1973-1985
PAYMENT MARGUERITE BAKER -CLAIM SETTLEMENT
PURCHASE AIR CONDITIONING DUCT WORK FOR THE
CITY TAX AND LICENSE OFFICE
ACCEPT BID -FOR FURNISHING THREE MODULE TYPE
RESCUE VEHICLES-GRUMMAN HEALTH SYSTEMS
APPOINT WILLIE BORROTO TO FILL VACANCY FOR
RESIGNATION OF ARCHITECT LESTER PANCOAST
R-74-1
R-74-2
R-74-3
DENIED
R-74-4
DENIED
R-74-5
R-74-6
R-74-7
R-74-8
R-74-9
R-74-10
R-74-11
R-74-12
R-74-13
R-74-14
0076
0077
74-1
74-2
74-3
0078
74-4
0079
74-5
74-6
74-7
74-8
74-9
74-10
74-11
74-12
74-13
74-14
ITEM NO.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
EOCOIIiE.Nt1 NDE:
CONTINUED
DOCUMENT IDENTIFICATION
•
RENTAL FEE BAYFRONT PARK AUDITORIUM -PEOPLE
UNITED-JANUARY 15-1974
CONSTRUCTION -"DECADE OF PROGRESS" BOND ROAD
PROGRAM-1974-75 STATE DEPT. OF
TRANSPORTATION BUDGET
CLAIM SETTLEMENT -CITY OF MIAMI VS. KONONOFF,
SMITH, FAY, SPOFFORD & THORNDIKE
AGREEMENT BETWEEN HOWARD-PRICE COMPANIES AND
THE CITY OF MIAMI-CONSTRUCTION WEST
PINEMOUNT SANITARY SEWER IMPROVEMENTS
INSTALLATION OF AMUSEMENT RIDING DEVICES-
5801 N.W. 6TH COURT -SHELL CITY PARKING AREA
NEGOTIATIONS WITH DR. JETHRO W. TOOMER•AND
JOSEFINA SANCHEZ PANDO-PROFESSIONAL
SERVICES -TESTING AND RECRUITMENT PROGRAM
CONFIRMING WALTER HAGAN AND EDWARD JAREMKO
AS MEMBERS OF CIVIL SERVICE BOARD CITY OF
MIAMI
CONTRACT -UNIVERSITY OF MIAMI SCHOOL OF
MEDICINE -PROVIDING MEDICAL RESCUE SERVICE
PERMIT AEROSPACE ACADEMY FOR INSTALLATION OF
AMUSEMENT RIDING DEVICES
AUTHORIZE J.L.PLUMMER AND P.W. ANDREWS TO
MAKE ARRANGEMENTS FOR THE SUPERBOWL TO BE
PLAYED IN THE ORANGE BOWL IN MIAMI-1975
COVENANT RUNNING WITH THE LAND FILED IN
OFFICIAL RECORD BOOK 7555,PAGE 302-OFFICIAL
RECORDS OF METROPOLITAN DADE COUNTY
ACCEPT BID-WESTINGHOUSE ELECTRIC SUPPLY CO -
FOR TERRAZZO CONCRETE POLE-MIAMARINA
RESTAURANT
ACCEPT BID-GRAYBAR ELECTRIC CO INC.-LAMPS
FOR MIAMARINA RESTAURANT
AWARD BID-GUNITE CONSTRUCTION AND RENTALS INC
ALLOCATING FUNDS FOR CONTRACT COST.
ACCEPT BID -FOR FURNISHING FIRE HOUSE TO THE
FIRE DEPARTMENT FROM THE MIAMI FIRE
EQUIPMENT CO.
ACCEPT BID-MIAMI FIRE EQUIPMENT CO. -
ITEMS FOR USE BY THE FIRE DEPARTMENT
ACCEPT BID -TOTE CONTAINERS FOR USE BY THE
DEPARTMENT OF SANITATION FROM RUBBERMAID
INDUSTRIAL PRODUCTS
A•
CTION
PAGE # 2
CODE _IQ.__- -
R-74-15
R-74-16
R-74-17
R-74-18
R-74-19
R-74-20
R-74-21
R-74-22
R-74-23
R-74-25
R-74-26
R-74-28
R-74-29
R-74-30
R-74-31
R-74-32
R-74-33
74-15
74-16
74-17
74-18
74-19
74-20
74-21
74-22
74-23
74-25
74-26
74-28
74-2
74-3
74-3
74-3
74-3
cUp'I ENTI N DE
CONTINUED
ITEM NO. DOCUMENT IDENTIFICATION
36. •ACCEPT BID - SOUTHERN MILL CREEK PRODUCTS -
FURNISHING FERTILIZERS AND HERBICIDES.
37. ACCEPT BID - NATIONAL WINDOW CLEANING CO. -
FURNISHING WINDOW CLEANING.
38. ACCEPT BID - MIAMI ELEVATOR CO. - ELEVATOR
MAINTENANCE.
39. ACCEPT BID - FURNISHING PEST CONTROL MAINTE
NANCE.
40. ACCEPT BID - AMMUNITION FOR USE BY THE POLICE
DEPARTMENT.
41. 'ACCEPT BID - COMMERCIAL FISHING SUPPLY CORPO-
RATION - FURNISHING POUNDS OF FISH.
42. ACCEPT BID - HADLEY DAVIDSON OF MIAMI -
FURNISHING MOTORCYCLE JACKETS.
43. 1 PLANS FOR AN AREA -WIDE SEWAGE FACILITY.
44. APPOINT AND ELECTING - CHARLES HUTTOE, STEPHEN
KOUCHALAKOS, AND CHARLES HADLEY AS MEMBERS OF
THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI.
45. PURCHASE ORDER TO ADVANCE BUSINESS PRODUCTS -
RECORDING AND TRANSCRIBING EQUIPMENT FOR THE
CITY COMMISSION MEETINGS.
46. 'EXPANSION OF EXISTING PARK FACILITIES AT KIRK
MUNROE PARK.
47. i PROMOTIONAL EXAMINATIONS FOR THE POLICE DEPT.
COMMISSION
__ACTION_
R-74-34
R-74-35
R-74-36
R-74-37
R-74-38
R-74-39
R-74-40
R-74-41
R-74-42
R-74-43
R-74-44
_CODE NO.
74-34
74-35
74-36
74-37
74-38
74-39
74-46
74-41
74-42
74-43
74-44
0080