HomeMy WebLinkAboutCC 1974-01-24 MinutesMIAMI
CITY
COMMISSION
MINUTES
OF MEETING HELD ON
1ANUARV 24, 1974
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G , OWE. .
ASSISTANT CITY CLERK
41
INDEX
MINUTES OF REGULAR METING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO SUBJECT
ORDINANCE OR
RESOLUTION NO.
PAGE NO
1,
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
20.
21.
22.
22A
23.
24.
WAIVE READING OP MINUTES
PERSONAL APPEARANCE- RETIRING FIRE CHIEF
KENNEY & INTRODUCE NEW FIRE CHIEF
CONDITIONAL USE - LOTS 1 thru 4 & 22 thru 25
Block 100S - BRICKELL ADD AMD.
VARIANCE - LOTS 1 & 2, BLOCK 77S MIAMI B-41
CONDITIONAL USE - MECHANICALru OPERATION OF
PARKING STRUCTURE LOT 20, BLOCK 83N etc.
DISCUSSION OF SALE OF BONDS - DEFERRAL
TO LATER IN MEETING
EXTEND AGREEMENT - CENTREX TELEPHONE FACIL.
TO DADE COUNTY ETC.
500 ADDITIONAL COPIES -DOWNTOWN ZONING STUDY
AUTHORIZE MGR TO CONSULT FIRM FOR PRINTING
REQUEST FOR CHANGE OF ZONING CLASSIFICATION
LOTS 3,4,5, BLOCK 18 SHORECREST 10-23
CLAIM SETTLEMENT - RAYMOND PRATER
WAIVE RENTAL FEE- BAYFRONT PARK AUDITORIUM
CHURCH WOMEN UNITED
ACCEPT PLAT - 36 STREET BAYFRONT SUB.
ALLOCATE $22,000 & $3,000 INCIDENTAL EXPENSE
SOUTH PINEMOUNT SAN.SEWER IMP
ALLOCATE $6,000 LUMMUS PK.SHUFFLEBOARD CRTS.
ACCEPT PLAT - SOSA TRACT •
ACCEPT BID - 45 12 GUAGE SHOTGUNS
ACCEPT BID - PHOTO FILM, PAPER, CHEMICALS
DISCUSSION -PURCHASE AUTO FOR MAYORS OFFICE
AWARD BID - LIBERTY SANITARY SEWER IMPROVE-
MENT PHASE II SR-5377-C & S
AWARD BID - WYNDWOOD PARK FENCING 1974
EXTENSION OF EMPLOYMENT - JOHN TOMICK
CONFIRMATION OF DATE OF FEB 28, 1974
FOR INTERVIEWS WITH PROSPECTIVE PLANNING
CONSULTANTS-MIAMI COMPRE.NBHD.PLAN ETC.
STREETS - RESTORING TO ORIGINAL CONDITION
AFTER CONSTRUCTION
DISCUSSION OF HALF -WAY HOUSES IN
RESIDENTIAL AREAS
OBJECTIONS TO CONFIRMING ORDERING RESOLUTION
NO. 73-827-S.W. 22 ST HIGHWAY IMP. H-4369
JAN 2 41974
74-46
74-47
74-48
DISCUSSION
74-49
74-50
DEFERRED
74-51
74-52
74-53
74-54
74-55
74-56
74-57
74-58 le
DISCUSSION
74-59 1
74-60 .,,v
74-61
74-62
DISCUSSION
DISCUSSION
74-63
1
1
2 - 3
3
3
3 - 4
4 - 5
5
5
5 - 6
6
6
7
7 -8
8
9
9 - 10
12
12
12 15
15 - 16
NINES OF REGULAR METING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO l SUBJECT
I RESOLUTtONbNO�, PAGE N0.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
,, 38.
39.
40.
41.
41.A
41.11
42.
OBJECTIONS TO CONFIRMING ORDERING RESOLUTIO
NO 73-971 & 2 SOUTH PINEMOUN'.!' SANITARY
SEWER IMPROVEMENT SR-5242 S&C
AMEND•ORD. 6871 PROVIDE ADDITIONAL DEFIN-
ITION OF "ZONING BOARD"
CITY MANAGERS REPORT ON PROPOSED ORANGE
BOWL IMPROVEMENTS- REQUESTING USERS TO GIVE
COMMISSION ANSWER BY APRIL. 1, 1974
COCONUT PALM BLIGHT -AUTHORITY TO CITY MGR.
TO NEGOTIATE FOR REMOVAL OF DEAD & DISEASED
VARIANCE - LOT 7, BLOCK 1,
EVERGREEN LAWNS NO. 2 (13-59)
REQUEST FOR CONDITIONAL USE & VARIANCE
LOTS 12, 13, BLOCK 101S BRICKELL ADD.
FLOOR AREA BONUS- VARIANCE REQUESTS
LOTS 1 & 2 HIGHLEYMANS SUB
STATUS OF MARTIN LUTHER KING BLVD.DEV. AS
RELATED TO "AFRICAN SQUARE" PROJECT
PERSONAL APPEARANCE - 14R. B. DICKENS, BOND
COUNSEL RE: REALLOCTION OF FUNDS IN THE
PARKS -BONDS PROGRAM
PERSONAL APPEARANCE- MR. REDFORD REGARDING
COMPLAINT OF MOVING MAKING COMPANIES IN
RESIDENTIAL AREAS
MUSICAL PRESENTATION- SENIOR CITIZENS S.W.
& COCONUT GROVE CHAPTER -
PROCLAMATIONS, PLAQUES, CERTIFICATES OF
APPRECIATION AND CONDOLENCES
PERSONAL APPEARANCE - ALAN ROTHSTEIN RE:
PROPOSALS PENDING BEFORE DADE COUNTY
REGARDING SOLID WASTE DISPOSAL
PUBLIC HEARING - PROPOSED TAXICAB INCREASES
BOOZ, ALLEN & HAMILTON REPORTS -
HUMAN RESOURCES MANAGEMENT SYSTEM
PERSONAL APPEARANCE - MR. REDFORD RE
MOVING MAKING COMPLAINT - 2nd appearance
REVIEW OF POLICE OPERATIONS - APPEARANCE
OF POLICE CHIEF BERNARD GARMIRE
PROSTITUTION - VICE : RENEWAL OF LICENSES
AFTER CONVICTION
REVIEW OF POLICE OPERATIONS (Continued)
PLAN FOR DEVELOPMENT OF CLAUGHTON ISLAND
74-64
74-65
ORD.8225
DISCUSSION &
74-66
74-67
74-68
DISCUSSION
& 74-69
DEFERRED
74-70
DISCUSSION
MOTION &
DISCUSSION
MOTION &
DISCUSSION
744 11
DISCUSSION &
74-72
DISCUSSION
DISCUSSION
DISCUSSION
& 74-73
DISCUSSION
DISCUSSION
16
17
17 - 20
21
21-23.
23 - 29
29 - 36
36 - 38
38 - 45
45 - 51
51
51
52 - 55
56 - 63
64 - 73
73
74 - 80
80 - 87
87 - 99
100 -111
ti)
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, SUBJECT
ORDINANCE OR
RESOLUTION NO, PAGE NO
43. PLANNING DEPT. REPORT ON PROPER ZONING
CLASSIFICATION FOR DRUG REHAB CENTERS
44. FEDERAL REVENUE SHARING FUNDS -
CITY CHARTER REQUIREMENTS
45. PROVIDE DESIG.OF MEETING PLACES FOR CITY
COMMISSION MEETINGS
46. ORDINANCE RELATING TO ART IN PUBLIC BLDS.
47. DISCUSSION IN CHANGE OF HOURS OF SALE OF
ALCOHOLIC BEVERAGES •
48. VACATION WITH PAY - PROPOSED RULE CHANGE
49. PROV IDE FOR SALE OF $4,000,000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIE
BONDS & $2,000,000 STORM SEWER IMP. BONDS
50. AWARD BID - VEHICLE FOR OFFICE OF THE MAYOR
51. CONDOLENCES TO FAMILY OF CUBAN AMERICAN
EXILE LEADER DR.MANUEL GIBERGA Y ANGULO
52. PROPOSED METRO ORDINANCE REGULATING WATER
POLLUTION FROM VESSELS
53. APPOINTMENTS TO YOUTH ADVISORY BOARD
54. JAYCEES - REQUEST FOR UNUSED FUNDS OF THE
YOUTH ADVISORY BOARD
55. PERSONAL APPEARANCE - MS. MALLOY RE:
COMPLAINTS ABOUT LUMMUS PARK
56. REQUEST COUNTY TO CONDUCT PUBLIC HEARINGS
ON SOLID WASTE DISPOSAL PROPOSALS
57. AMEND SEC. 56-39 - RATES FOR TAXICABS
58. DISCUSSION ON HIRING OF RECEPTIONIST FOR
COMMISSIONERS OFFICE
59. DISCUSSION ON HIRING ADDITIONAL AIDE TO
THE MAYOR
ADJOURNMENT
DISCUSSION
DISCUSSION
ORD. 8226
ORD. 8227
DISCUSSION
DISCUSSION
MOTION AND
74-74
MOTION
74-76
74-77
MOTION
DISCUSSION
74-79
ORD. 8228
DISCUSSION
MOTION
74-80
43
113-114
115
115-6
117-119
120-123
124-125
125-126
126
127-129
130
130-131
131
132
132
133-136
136-138
1
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 24TH DAY OF JANUARY, 1974, THE CITY COMMISSIOM OF
MIAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE IN SAID I.ITY
IN REGULAR SESSION,
HE. METING WAS CALLED TO ORDER AT 8:35 O'CLOCK A,M, BY
VICE AYOROLO KEBOSO,
N:ROLL CALL, THE FOLLOWING MEMBERS OF THE COMMISSION WERE
FOUND TO BE PRESENT:
OMMISSIONER OSE pORDON
OMMISSIONER LUMMER
MMI EjS�TONERR i r KEY, l7IBSON
ICE MAYOR MANOLO KEBOSO
ABSENT: MAYOR FERRE,
An .invocation was detiven.ed by Reveh.end GLb6on who then Led
.those pnesen.t in an .invocation to the Stag.
1, MOTION TO WAIVE .BEADING OF THE MINUTES OF THE PREVIOUS MEETING
On motion o ` t`r' 'ffilmme= seconded-B 'reverend Gibson, it was
unanimously agreed to waive the reading of the minutes of the pre-
vious meeting.
_PERSONAL APPEARANCE - RETI WIG FIRE CHIEF KENNEY AND THE
PITRODUCi1ON OF NEW' FIRE. CHIEF. - .D,. A. HICKMAN.
The City Manager announced that'he had appointed Assistant Fire
Chief D. A. Hickman as Fire Chief to replace Chief Lawrence Kenney,
who was retireing. Chiefs Kenney and Hickman appeared and accepted
the best wishes and congratulations respectively from the Commission.
Mr. Plummer suggested at the next meeting proper recognition be
made to Chief Kenney, to which the Commission agreed.
3. rannioNAL USE-.IOTS•1 THRu; 4: &, 22, THRU. 25-BLOCK.100 S-
BRICKELL ADD: D0.(11-113) . - 1000E 8R1CKELL. AVENUE
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-46
A RESOLUTION GRANTING A CONDITIONAL USE, AS
PROVIDED IN ORDINANCE NO. 6871, ARTICLE
XI-3, SECTION 1 (7) (b) TO PERMIT CONSTRUC-
TION OF PARKING GARAGE AT REAR OF LOTS 1
THRU 4 AND 22 THRU 25, BLOCK 100S, BRICKELL
ADD AMD (B-113), LOCATED AT 100 BRICKELL
AVENUE, IN CONJUNCTION WITH OFFICE BUILDING
ON SITE, ZONED R-CB-(RESIDENCE-OFFICE)
AND R-C-1 (RESIDENCE -OFFICE -COMMERCIAL)
DISTRICTS
(sere follows body of resolution, omitted here and on file
in the City Clerk's office)
1
UpOn being Seconded by Reverend Gibson the resolution was
passed and adopted by the following vote - AYESs Reverend Gibson,
Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
Prior to the adoption of the resolution George Acton, Director
of the Planning Department, exhibited sketches showing the pro-
posed development of the property and the type of development
recommended by the Planning Department.
Mr. Plummer stated that he had inspected this property, and
felt that it was unfair to force the removal of the eight park-
ing spaces provided along Brickell Avenue and substitute land-
scaping, especially in view of the dire need for off-street park-
ing in this area, and in view of the fact that this parking space
was already paved in accordance with the existing regulations at
the time the existing building was erected.
Mr. Acton stated that it was common practice to require these
types of amenities, such as the landscaping recommended instead
of the parking spaces,when developers requested permission to
further develop their properties, so as to more closely bring the
development into conformity with existing regulations.
Reverend Gibson expressed the opinion that the property in
question, even in its present state, was more attractively land-
scaped than the building across the street.
The Comnission'agreed to adopt the above resolution with the
provision for landscaping along Brickell Avenue deleted.
A. VARIANCE - LOTS I & 2 LEaS RIGHT OF JAY. BLOCK Z7 S-MI AMI B-41
-- - - --zzs. --- - The following resolution was introduced by Mr. Plummer,who
moved its adoption:
RESOLUTION NO. 74-47
A RESOLUTION GRANTING A VARIANCE FROM ORDI-
NANCE NO. 6871, ARTICLE VIII, SECTION 3 AND
2 (3) TO PERMIT CONSTRUCTION OF A SINGLE
]P'AMThY RESIDENCE ON THE N 5 3 ' LOTS 1 AND 2,
LESS RIGHT OF WAY, BLOCK 77S, MIAMI (B-41)
LOCATED AT APPROXIMATELY 1004 SW 3 AVE. WITH
A REAR (SOUTH) YARD OF 71,5' (20' REQUIRED) ;
SIDE YARD (EAST) OF 71' (15' REQUIRED; SIDE
YARD (WEST) OF 2' TO 811' (9' REQUIRED). LOT
BEING 2,450 SQ. FT. (4,000 SQ. FT. REQUIRED);
ZONED R-4 (MEDIUM DENSITY MULTIPLE)
(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: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
Prior to the introduction' of the resolution a gentleman ap-
peared and stated he was the grandson of the owners of the prop-
erty and requested the adoption of the. resolution. He distributed
architectural sketches of the property and proposed development.
1-24-74
Mr. Pluivtner stated he had inspected the property in question
and that it was hemmed in on the west and on the north by the ex-
pressway and on the east by a street and on the south by a house
and parcel of property.
George Acton, Director of the Planning Department, stated
that he had no objection to the application at this time after
the submission of the final plans by the applicant.
5 C DtT IAL USE -. MECHANICALLY:.
--"-`RR W'f ion was introduced by Mr. Plummer, who.
moved its adoption:
RESOLUTION NO. 74-48
A RESOLUTION GRANTING A CONDITIONAL USE AS
PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV,
SECTION 2 (8) (a) , TO PERMIT MECHANICALLY
OPERATED PARKING STRUCTURE ON LOT 20, BLOCK
83N, MIAMI (8-41), SUBJECT TO APPROPRIATE
SIDE SCREENING AS APPROVED BY THE BUILDING
DEPARTMENT AND LANDSCAPING APPROVED BY THE
PLANNING DEPARTMENT, LOCATED AT NW CORNER
OF NE 3RD STREET AND BISCAYNE BOULEVARD, IN
A C-3 (CENTRAL COMMERCIAL) DISTRICT, FOR A
PERIOD OF ONE YEAR FROM NOVEMBER 8, 1973;
PROVIDING FOR THE REMOVAL OF THE VENDING
MACHINE TO A NEW LOCATION; AND PROVIDING
THAT ALL SIGNS ARE TO BE ON ONE SIGN STAN-
DARD (I.E.', ONE POLE) , SUBJECT TO THE AP-
PROVAL OF THE DIRECTOR OF THE CITY OF MIAMI
BUILDING DEPARTMENT
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs,
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
5•. • DI SCUSSIOj. SALE. Of- BOJDS: -- DEFERRAL. TO LATER. IN MEETING
The Commission took up for consideration the proposed sale of
$4,000,000 Police Headquarters and Crime Prevention Facilities Bonds
and $2,000,000 Storm Sewer Improvement Bonds of the City of Miami.
Mr. Plummer requested that this matter be deferred until later
in the day after the Chief of Police had appeared before the Commis-
sion. He stated he was opposed to this.
The following resolution was n r ; -Pt,-who
moved its adoption:
1-24-.74
RESOLUTION NO. 74-49
A RESOLUTION EXTENDING THE AGREEMENT WITH
THE CITY OF MIAMI AND METROPOLITAN DADE
COUNTY FOR PROVIDING CENTREX TELEPHONE
FACILITIES TO METROPOLITAN DADE COUNTY
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverned Gibson,
Mrs. Gordon, Mr. Plummer and_Mr._Reboso. NOES:. None.
$: 508 ADDITIONAL COPIES- - "DOWNTOWN. ZONING STUDY"
.
Al i�`E IANAGE _T,�� CONSULT. W1TH FIRM FOR PRINTING
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-50
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENGAGE. THE CONSULTING FIRM OF WALLACE,
MC HARG, ROBERTS AND TODD TO PRINT FIVE
HUNDRED (500) ADDITIONAL COPIES OF THE
REPORT, DOWNTOWN MIAMI 1973-1985; AN
URBAN DEVELOPMENT AND ZONING PLAN IN AN
AMOUNT NOT TO EXCEED ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500); AND AUTHORIZ-
ING THE CITY MANAGER TO INSTRUCT THE
PURCHASING DIVISION TO ISSUE A PURCHASE
ORDER THEREFOR
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
Prior to the introduction of the resolution Mr. Plummer in-
quired of the City Manager why the City needed 500 copies of this,
and the City Manager stated that, while only 200 copies were ac-
tually needed, but that there was so little difference in cost
that it was considered prudent to order the 500 copies.
Mr. Plummer expressed the opinion that there should definitely
be a charge made for these copies, and the City Manager stated'that
some of them would most certainly have to be given out without
Charge, but that he would study the matter and present recommenda-
tions to the Commission at another time.
Mr. Plummer made the following statement: The thing I am get-
ting at is this: We have never been furnished a final copy of
that report in toto. Now, it seems like to me when you pay
$87,000600 for a study, the least the people can do is give you
one completed copy. Now what raised my ire on this was I got from
the Planning Department a whole bunch of supplements on a brand
new book which says this completes the book. I think it's the
responsibility of the people who do the study to give me a full
coMpleted bock. Now here we are spending fifteen hundred dollars
4 1-24-74
to Make more books, and I can see what's going to happen; they are
going to be going out that front door because everybody will want
two copies, and three copies. The best way to slow that down is
to put a four dollar charge and recoup your money; but I think it
behooves the consultants to give us, the Commission, one completed
book. I don't think that's unfair.
After further discussion the City Manager expressed the opinion
that in order to get maximum distribution of this important report
no charge should be made; that it would be a wise expenditure of
public funds to make them available at no charge.
After brief discussion it was agreed to make no charge for
copies of the report.
, -... .-MMMMM c=s-------_._............ ......
`.
9. SEQUEST FQR• CHANGE. OF• ZONING• CLASSIFICATION LOTS 1.4, 5, BLOCK. 18
Mr. -George -Bender, representing Lyla Berkson, appeared and re-
quested the Commission to defer until the next meeting his client's
application for change in zoning classification on Lots_3, 4 and 5,
Block 18, Shore Crest.
On mtion of Mr. Plummer, seconded by Mrs. Gordon, it was
unanimously agreed to defer the matter in accordance with the re-
quest.
1�. ELAIM SETTLEMEtiT. EAYMND PRATER.
The follow q =es-o u s.on 'ems-----------
Gibson, who moved its adoption:
RESOLUTION NO. 74-51
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RAYMOND PRATER, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
$2,154.82 IN FULL AND COMPLETE SETTLEMENT
OF HIS CLAIM AGAINST THE CITY FOR ALLEGED
PERSONAL INJURIES SUSTAINED BY HIM, 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 Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer and Mr. Reboso; NOES: None.
RCFI. WOMEN UNITED
The following resolution was introduced by Reverend Gibson,
who moved its adoption:
RESOLUTION NO. 74-52
A RESOLUTION WAIVING TSE RENTAL FEE FOR
HAYFRQNT PARK AUDITORIUM FOR CHURCH WOMEN
UNITED SOUTH ON FEBRUPIRY 14, 1974, FOR
5
1-2474
HOLDING THEIR EIGHTH ANNUAL INTERFAITH DAY,
SUBJECT TO PAYMENT OP EVENT PERSONNEL,
LIGHTS, INSURANCE, AND OTHER DIRECT COSTS
CHANGED BY THE CITY
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ACCEPT PLAT— 36T11• ST
BAYFRONT. SUBD I YI S %!1I
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-53
A RESOLUTION ACCEPTING THE PLAT ENTITED
36TH STREET BAYFRONT SUBDIVISION, A SUB-
DIVISION IN THE CITY OF MIAMI, FLORIDA,
AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXE-
CUTE THE PLAT
(here follows body of resolution, omitted here and on
file in the City clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
•
13 CATE• $22.00a 8a3-.ODO• •11NCIDEWXPENSES• FOR• Pi IECT
SOUTH• PI UNT. j►IITARY: SEWER..DMPROVEMENTS; SR-5242. - W•
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-54
A RESOLUTION ALLOCATING $22,000 AND $3,000
FOR PROJECT EXPENSE AND FOR SUCH ITEMS AS
ADVERTISING, POSTAGE, TELEPHONE, PRINTING,
BLUEPRINTING SERVICES AND SIMILAR ITEMS
PERFORMED BY CITY FORCES AND/OR OUTSIDE
VENDOR, RESPECTIVELY, FOR SOUTH PINEMOUNT
SANITARY SEWER IMPROVEMENT SR-5242 C
(CENTERLINE SEWER) AND SR-5242 S (SIDELINE
SEWER) FROM SANITARY SEWER BOND FUND
(here follows body of resolution, omitted here and on
file in the City Clerk's office)
1-24-74
6
Upon being seconded by Reverend Gibson the resolution was
passed and adopted by the following vote - AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOESsNone.
14...ALLOCATE .$6,000 - LUMMUS PARK SHUFFLEBOARD COURTS ETC,
The following resolution was introduced by Reverend Gibson, who
moved its adoption:
RESOLUTION NO. 74-55
A RESOLUTION ALLOCATING THE AMOUNT OF $6,000
FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT
FUND - UNALLOCATED FUNDS" TO COVER THE COST OF
WORK PERFORMED BY CITY FORCES ON LUMMUS PARK
SHUFFLEBOARD COURTS & RECREATION BUILDING IM-
PROVEMENTS - 1973; ALLOCATING THE AMOUNT OF
$6,955 TO COVER THE COST OF PROJECT EXPENSE;
AND ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $1,390 TO COVER THE COST OF ADVERTISING,
TESTING LABORATORIES, POSTAGE, PRINTING,
BLUEPRINTING AND SIMILAR ITEMS
Caere follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
15. ACCEPT; PLAT. '$GA TRACT
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-56
A RESOLUTION ACCEPTING THE PLAT ENTITLED SOSA
TRACT, A SUBDIVISION IN THE CITY OF MIAMI,
FLORIDA, 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 Clerk's office)
Upon being seconded by Reverend Gibson, the resolution
was passed and adopted by the following vote - AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
Prior to the introduction of the resolution P. W.
Andrews, City Manager, in response to a question by Mr. Plummer
as to whether or not the City had received a report on this
matter, made the following statement; Yes, we have, and this
morning we received the report from Mr. Judy, which is now in
your books under this item. The Aviation Director of Metropolitan
7
1-24-74
Dade County-diand perhaps yOu'd like to hear from Mr. Acton in
his efforts to secure this information --and once again I'd like
to point out to the City Commission that when this matter occurred,
or appeared on the last agenda you had asked that it be postponed
to this one so that you could have this report. I didn't know if
the Commission was fully aware that there was a tentative plat
submitted to the City Commission approved; a building permit had
been issued for the construction of an 8-story building; the
8-story building was constructed, and this matter was now being
placed on the prior Commission agenda for approval of the final
plat. It was at this point that the City Commission began to ex-
press additional concern, as they have in the past, with the type
of structures that were being built around the airport, and as a
result of that you asked for additional information to make sure
that the airport; that they had no conflict or no argument with
the way our zoning ordinance is now operating in reference to
construction of buildings adjacent to the airport.
Mr. Plummer: I am looking at this letter from Mr. Judy.
This is proposed to be an 8-story structure on LeJeune Road, as
I recall; is that right, right off LeJeune; 7th Street and 45th
Avenue, the other side of the airport, and you know I am amazed
at the last paragraph. As to height restrictions we would recom-
mend the height not exceed those of the existing structures be-
tween the airport and the site in the general area between 47
and 57 Avenues. We believe this would fall within the medium -
rise development. Now, you know, I have had people stand here
in front of this Commission and scream, don't put any more; and
if / interpret these remarks all he is saying is don't put any
any taller. I hope, Paul, you keep this letter. This letter is
going to cane back to haunt same people. I still have some very
serious reservations, but if the building is already built and it
is now just approving the final plat we are not going to make
them tear the building down, so I'll go ahead and move this.
George Acton, Director of the Planning Department, stated
that height was not the important factor in this matter, but
rather the soundproofing of the building, based on the Miami
International Airport Study.
16.. ACCEPT- BAD- 45. - 12 GUAGE SHOTGUNS
--"-'The-following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION W. 74-57
A RESOLUTION ACCEPTING BIDS RECEIVED DECEM-
BER 11, 1973 FROM GALL'S POLICE EQUIPMENT
FOR FURNISHING ONE HUNDRED (100) 38 SPECIAL
REVOLVERS AND FROM JONES EQUIPMENT CO. FOR
FURNISHING FORTY-FIVE (45) 12 GUAGE SHOT-
GUNS FOR USE BY THE POLICE DEPARTMENT AT A
TOTAL COST OF $6,264.43; AND AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE PURCHASING
DIVISION TO ISSUE A PURCHASE ORDER THEREFOR
Chore follows body of resolution, omitted here and on
file in the City Clerk's office)
1-24-74
Upon being seconded by Reverend Gibson the resolution was
passed aid adopted by the following vote = AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES:. None.
Prior to the introduction of the resolution, in response to
a question by Mr. Plummer, the City Manager stated that confiscated
guns were sold to parties located out of State, and more often,
out of the country. but that he presumed the guns which were to be
replaced by these new ones were traded in.
vimra�a}�aata�ari.aara....UM.OSIO.. •rr.tw C:.46.6 .��4ii _ iri'r:r irr rob-
• •
•
17. • • ACCEPT• Rxi1• am. puii•nrAepu�r• Gal M:•oeocR:'•cucusr�i BAD' RIES ETC
�a■...■i -- - - - - - - a� ra - u i as a 3 r■ - n - - a rar r■� r
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-58
A RESOLUTION ACCEPTING THE BID RECEIVED
JANUARY 2, 1974 FROM PITMAN PHOTO, INC.
FOR FURNISHING PHOTOGRAPHIC FILM, PAPER,
CHEMICALS, BATTERIES, ETC., FOR USE BY
ALL DEPARTMENTS OF THE CITY FROM THE
PERIOD FEBRUARY 1, 1974 TO JANUARY 31,
1975, AS REQUIRED, AT A TOTAL COST OF
$11, 000.00; AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING
DIVISION TO ISSUE PURCHASE ORDERS, AS
NECESSARY, AFTER FIRST HAVING DETERMINED
THAT FUNDS BUDGETED FOR THIS PURPOSE ARE
AVAILABLE
(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: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
asr a. arcs'
18: • • D.SCUSS.QIC PURCHASE OF- AUTOMOBILE FOR: QFFiCE:.OF THE MAYOR
..... �.�..�..��... -.
The Commission took up for discussion a proposed resolution
to accept the bid of Crippen Oldsmobile, Inc. for one vehicle for
the Motor Pool in the amount of $4,296.33.
The following discussion occurred:
Mr. Plummer: What are you buying from an Oldsmobile company?
What kind of a vehicle are you buying?
Mr. P. W. Andrews, City Manager: We are buying an Oldsmobile
to replace the Chevrolet that now is located in the Mayor's office.
That vehicle is going to be used in a special way in the Police
Department, the vehicle that we are taking from the Mayor's office,
which is equivalent to the one that I drive. It is going to be
used in the Police Department in a special way; we are not trading
it in.
1-24-74
9
Mr. Plummer s What do you mean, special way?
Mr, Andrews: It's an unmarked, unidentified car, and it is
used in a variety of ways in the Police Department. We have
quite a few unmarked cars in the Police Department that they use.
Mr. Plummer: But they are.rented.
Mr. Andrews: Nos there are some that are not rented. We of-
ten take cars from the rest of the City service and allocate
them this way, including some of our truck equipment; vans.
Mr. Plummer: I'll make a motion to deny this. I don't mind
them having a plain, unmarked automobile, but I don't think they
need an Oldsmobile.
Mr. Andrews: I don't think you understand. This is ---
Mr. Plummer: I understand. This is a forty-two hundred
dollar automobile. The City Manager drives a Chevrolet. If it's
good enough for the City Manager, it's good enough for the Police
Department.
Mr. Andrews: It's not for the Police Department. This is
for the Mayor's office; a new car to replace the car that he has.
Rather than trade in the car that he is using, we are turning
the old car over to the Police Department to use, and the Mayor
gets the new car.
Mr. Plummer: The Mayor told me, and unless he tells me to
the contrary, he is not going to accept the City vehicle. He is
going to drive his own car.
Mr. Andrews: May I suggest you defer it, then, until he is
here.
Mr. Plummer withdrew his motion and the matter was deferred
until later in the meeting pending the arrival of the Mayor.
--- -_-._
AWARD• IID. LIBERTY- SANflARY• S R. IPPR01lEP'ENTL PHASF�
SR-5377, C. AHD' LIBERTY, SANITARY. SEWER. 1 PIPROVEPENT. PHASE- I I -
DI$TRJCT• SR-5377-S
The following resolution was introduced by Reverend Gibson,
who moved is adoption:
RESOLUTION NO. 74-59
A RESOLUTION AWARDING THE BID OF INTERCOTNTY
CONSTRUCTION CORPORATION IN THE ESTIMATED
AMOUNT OF $3,846,469.50 FOR LIBERTY SANITARY
SEWER IMPROVEMENT PHASE II - SR-5377 C
(CENTERLINE SEWER) AND SR-5377 S (SIDELINE
SEWER); ALLOCATING THE AMOUNT OF $3.846, 470
PROM THE ACCOUNT ENTITLED "SANITARY SEWER
BOND FUND" TO COVER THE ESTIMATED CONTRACT
COST; ALLOCATING FROM SAID ACCOUNT THE
ADDITIONAL AMOUNT OF $344,647 TO COVER THE
COOT OF PROJECT EXPENSE; ALLOCATING FROM
EAR ACCOUNT THE AI DITIONAL AMOUNT OF 1,»34-74
10
.$66,929 TO COVflR THE COST OF ADVERTISING,
TESTING LABORATORIES, POSTAGE, FRINGING,
BLUEPRINTING AND SIMILAR ITEMS BY CITY
FORCES OR OUTSIDE VENDOR; AND AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM IN THE TOTAL AMOUNT OP
$3,846,469.50
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mr. Plummer, the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson. Mrs.
Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
2O;• SWARD• $ID• --- WYNDWOOD: PARK -• FFJ qI6 1274
The following resolution was introduced by Reverend Gibson,
who moved its adoption:
RESOLUTION NO. 74-60
A RESOLUTION AWARDING THE BID OF KING FENCE
OF MIAMI, INC. IN THE ESTIMATED AMOUNT OF
$4018 FOR WYNDWOOD PARK - FENCING - 1974;
ALLOCATING THE AMOUNT OF $4,018 FROM THE AC-
COUNT ENTITLED "CAPITAL IMPROVEMENT FUND -
UNALLOCATED FUNDS" TO COVER THE ESTIMATED
CONTRACT COST; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $401 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES,
DSTAGE, PRINTING, BLUEPRINTING AND SIMILAR
ITEMS BY CITY FORCES OR OUTSIDE VENDOR; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM IN THE TOTAL AMOUNT
OF $4018.00
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon. Mr, Plummer and Mr. Reboso. NOES: None.
- • EXTENSION. OF- Et1PLOMENT• -• JOHN TOMICI(
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-61
A RESOLUTION APPROVING A ONE (1) YEAR EXTEN-
SION OF EMPLOYMENT PAST THE AGE OF 70 FOR
JOHN C. ToeiICK, JOURNEYMAN CARPENTER, DE-
PARTMENT OF YACHT DOCKS, EFFECTIVE FEBRUARY
1, 1974 TO FEBRUARY 1, 1975, WITH THE PROVI-
SION THAT EN THE EVENT OF A ROLLBACK OR
LAYOFF, MR. TICK, RATHER THAN A JUNIOR
EMPLOYEE, WOULD BE AFFECTED
1-24-74
(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: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, and Mr. Reboso.NOES: None
22. CONFIRMATION OF DATE OF FED _28, 97k FOR INTERVIEWS WITH
PROSPECTIVE PLANNING CONSULTANTS- 11IAMI NEIGHBORHOOD DEV.PLAt4
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 74-62
A RESOLUTION CONFIRMING FEBRUARY 28, 1974,
AS THE DATE FOR INTERVIEWS WITH THREE
PROSPECTIVE PLANNING CONSULTANTS REGARD-
ING THE MIAMI COMPREHENSIVE NEIGHBORHOOD
DEVELOPMENT PLAN PREPARATION
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
That February 28, 1974, be,and it is, hereby confirmed as the
date for interviews with three prospective Planning Cobsultants
regarding the Miami Comprehensive Neighborhood Development Plan.
Upon being seconded by Reverend Gibson the resolution was
passed and adopted by the following vote - AYES: Reverend Gibson,
Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
Mr. Plummer in offering the resolution, expressed the opinion
that this should be an advertised public hearing, to which the
Commission agreed.
22 A. STREETS - RESTORING TO ORIGINAL CONDITION AFTER CONSTRUCTION:
Mr. Plummer: Mr. Grimm, whose responsibility is it within this
City that when private private people go out and do work; tear up
our streets; whose responsibility is it that they put those
streets back in their original condition?
Mr. Vince Grimm, Director of the Department of Public Works:
Mine.
Mr. Plummer: Mr. Grimm, I draw your attention, sir, to the
intersection of NW 1st Avenue and 2nd Street, from 1st Avenue
eastward to Miami Avenue. I want you to go out and inspect
that;, and came back and tell me if you concur that the repair
job that was done there is not adequate.
Mr. Grimm: It may not be finished Yet, but I'll check it.
23. DISCI&8HI$ OF HALF -WAY. HOUSES ILL RESIDENTIAL AREAS
Mr. Plummer made the following statement: Mr. Lloyd, (City
Attorney) I want to know the posture from you,sir, and I don't
recall the name. We had before this Commission about six or
eight weeks ago an item of a half -moray house existing up off of
1-24-74
12
Miami Avenue and 5gth gtreet. I think I can express it
very candidly by saying that one of the reasons this Com-
mission denied that application, was because of the noise
and the incdhvonience to the neighbors. I went by that
place last night, the noise and inconvenience and everything
is still being generated, and 1 am sure the neighbors are
still being inconvenienced. Basically, why isn't it closed?
Mr. Lloyd: Is that the one that a Lean by the name of
Nissen was here before the Commission on?
Mr. Plummer: That is correct.
Mr. Lloyd: I'll explain the posture of that case. I
checked on it personally yesterday. They have filed a
writ of certiorari to review the convictions and certain
proceedings in connection with that. We have filed a motion
to dismiss this petition for certiorari on their failure to
file an accompanying berief that comes up for hearing on
Monday. The person in my office who is handling it has been
instructed by me to resist with all the vigor he can possess,
any continuance to be granted by the Court for them to be
filing on the brief and to press for our dismissal as we
have requested of this action. When that is dismissed then
we will be able to take the action necessary to correct
this situation, but what has happened is, by virtue of this
petition for writ of certiorari, it holds in abeyance our
ability to take the necessary corrective action. I believe
that the necessary corrective action has been decreed by
our County Court but this holds that in abeyance, and that
is the very basis of my instruction to our Attorney, our
Asst. City Attorney who is handling the case, that he
insist that our motion to dismiss be granted immediately
because the legal processes of the City of Miami and the
rights of all the citizens of the City of Miami are
being jeopardize, and held in abeyance by what we consider
to be a delaying tactic on the part of the petitioner in
this case and I have so instructed him at the motion
calendar, at the hearing on the motion on Monday to
proceed in that fashion.
Mr. Plummer: I want to know from the administration
Mr. Lloyd, Mr. Ferencik and Mr. Andrews, you know it
bothers se to no end, that people, and not this case in
particular, but if you want to use this case as the example
these people were told without question, that what they were
imposing to do, was not legal. They went ahead and did it
anyhow, in spite of being told, now what bothers me is, that
it is taking us now almost six months to get something done,
so that these people that surround this area can enjoy a
little peace and quiet. Mr. Lloyd, are you tell me sir,
tome the solution is easy, when people violate the law
like that, you go in and turn off the electricity or
turn off the lights, and that is it. Now why can't this
City enforce their rules in a more rigid manner so that
people don't have to be inconvenienced for a long drawn
out period of time. I realize everybody has the right to
t eir day in court, but what I am trying to say is, why
couldn't the Building Dept. or whose's ever responsibility,
----the day they opened those doors illegally, gone in there
and closed them down then. If they want to go to court for
their right to fight to be there, that is a different story
but what can this City do, when people flagrantly violate
the law, can we go in and turn off the electricity, turn
off the water, and put them out?
13 1/24/74
•
Mr. Lloyd: Basically our remedy is in the County
Courts how, by a violation of our building and toning
ordinances and we have to proceed in that fashion.
Mr. Plummer: fn otherworda what you are telling me
is. we have just got to go the long drawn out method
that we have done in this one, in six months people have
got bo be suffering because we've got to go to court.
Is that what you are telling me?
Mr. Lloyd: Hopefully we can conclude this matter
in court in less than six months. We are proceeding with
all reasonable speed at our command, to attempt to get
the court to conclude the matter so we may proceed the
other way.
1
Mr. Plummer: Mr. Lloyd, I am not blaming you. I'll
ask it in the reverse for a pin point answer. Is there any
thing that prohibits the City from immediately going in and
closing it down?
fl®rr1 Y1111hi ��11111 oilll II I AI
Mr. Lloyd: I'll have to double check with Mr. Ferencik
on that and review this and can have -an answer for you by
tomorrow.
Mr. Plummer: Please I am not speaking to this one
item. We have from time to time many items where people
go in and break the law, do what they want, and then say,
okay, I got caught, let's go to court, and you know what
happens and I know what happens. They tie it up in court
for a year. and continue to operate . That is wrong. There
should be some manner in which this City can enforce its
laws. Then if they want to go to court for their right to get
back in, I think they should be on the outside looking in,
I think the shoe should be turned around. And if you want to
get together with Mr. Ferencik and come back to the next
meeting with a report, because I'll tell you something,
when some people go in and do that, I'll tell, they ought
to be closed down now, and if they want to fight to get in
let them go through normal proceedures.
I'd like a report in two weeks, or the next meeting.
Mr. Lloyd: Not only will we have one in two weeks
hopefully we will have one far sooner because this matter
idstresses me and as I told you, I go a little bit violent
yesterday when it was indicated there would be a possible
allowance by the court of an additional period of time for
them to file a brief in the matter and that was when I
instructed our Asst City Atty to oppose that with all vigor
at his command on Monday.
Mr. ;Plummer: I made myself clear on what I am trying to
accomplish.
Mr. Lloyd: I understand that perfectly.
Mr. Plummer: You understand that? All right. Is there
anything else Paul we can take up?
Mr. Andrews: Not at this moment. You will have to wait
till 10 o'clock,----10 o'clock items here unless the Mayor
arrives earlier.
1/24/74
14
111111111111111111111111111111111111111111111111111
AMOS* The COMMiSaion recessed at 9:35 X.M. and
re0OnVeted at 100.0 A.M. with the foliowing mere present:
Mr. plUMMer, Mr. Reboso, Rev. Gibson and Mrs. Gordon.
Mayor Pierre absent.
244 101 S. TO CONFIRMING ORDERING. RESOLUTION. NU. 73-827 FOR
S. . 22 STREET HIGHWAY. IMPROVEMENT H-4369
.....___.._-... -.......
._ww.-__------
Mr. Andrews: Mr. Vice -Mayor and members of the Commission,
at the last Commission meeting when this matter was up for
public hearing, the City Commission after listening to some
of the people who occupy businesses on Coral Way, requested
that the Public Works Dept. meet once again with the property
owners. Mr. Grimm is prepared to explain to the City Commission,
and it is documented in a memo in your book, but I would like
him to restate it so it is the record, as to the Department's
efforts to present to the public an explanation of what we
are attempting to accomplish to this project. I think
adequate notice, more than once now, has been given the
public and they have responded to that notice, --the Public
Works dept has met with some of these people, and I think
this is ready for adoption. I would like Mr. Grimm to explain
to you the Department's efforts and the results of that effort.
Mr. Plummer: Mr. Andrews, I dont think it's necessary.
We have been furnished a memo with the results, --I would
like to see the memo become a part of the record, that
Mr. Grimm has had 5 hours of open-door, and only two people
showed up, and both of those problems were ironed out. No
one can now come forth and point a finger at this Commission
nor the administration or in particular Mr. Grimm, and say
they did not have adequate notice.
Mr. Grimm, I would like to compliment you sir, I think
you have extended every effort to inform the people, and Mr.
Vice -Mayor I will move item #11.
Thereupon the following resolution was introduced by
Mr. Plummer who moved its adoption:
RESOLUTION NO. 74-63
A RESOLUTION CONFIRMING ORDERING RESOLUTION
NO. 73-827 AND AUTHORIZING THE CITY CLERK TO
ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION
OF S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369
IN S.W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT
H-4369
(Here follows body of resolution omitted here and
on file in the City Clerk's office.)
Upon being seconded by Rev. Gibson, the resolution was
passed and adopted by the following vote - AYES: Mrs. Gordon,
Mr.Plummer, Rev. Gibson and Vice Mayor Reboso. NOES: None.
(Mayor Ferro absent).
Mr. Plummer: Here is a man who wants to say he is
in favor of it. Your name for the record sir.
15
1/24/74
Mr` Tomas Tatham: My name is Thomas Tatham, t am
representing the boy Scouts who have a building at 2960
dotal way. We have been down and examined the plan and
are in favor of the beautification. Our only problem was
our parking, in the front which was not being taken away
and we think it is a good idea that the thing does get
beautified and expanded.
Mr. Plummer: clod blessyouu,----thank you sir.
e RESOLUTION, NO:. 73-971-2
SOM„ UM L W R_ IMPROVENT.. SR-524Z. Ste.
Mr. Plummer: Item#12, ME. Gomm can you g "tifb3----•------
Commission the assurance sir, that the same adequate noti-
fication has been made on Item #12?
Mr. Grimm: Yes, there are nine hundred and some odd
property owners that were notified by certified mail.
Mr. Plummer: Under those conditions I'll move this
item,
Vice Mayor Reboso: Would anybody like to speak in
behalf of Item 12?
Thereupon the following resolution was introduced
by Mr. Plummer who moved its adoption:
RESOLUTION NO. 74-64
A RESOLUTION CONFIRMING ORDERING RESOLUTION
NO. 73-971 AND AUTHORIZING THE CITY CLERK
TO ADVERTISE FOR SEALED BIDS FOR THE CON-
STRUCTION OF SOUTH PINEMOUNT SANITARY SEWER
IMPROVEMENT SR-5242-C (CENTERLINE SEWER)
IN SOUTH PINEMDUNT SANITARY SEWER IMPROVEMENT
DISTRICT SR-5242-C (CENTERLINE SEWER)
(Here follows body of resolution omitted here and
on file in the City Clerk's office.)
Upon being seconded by Mrs. Gordon, the resolutionaas
passed and adopted by the followins vote - AYES: Mr. Plummer,
Rev. Gibson, Mrs. Gordon, Mr. Reboso. NOES: None.(Mayor Ferre
absent.)
Thereupon the following resolution was introduced
by Mr. Plummer, who moved its adoption:
RESOLUTION NO. 74-65
A RESOLUTION CONFIRMING ORDERING RESOLUTION
NO. 73-972 AND AUTHORIZING THE CITY CLERK TO
ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION
OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT
DISTRICT SR-5242-S (SIDELINE SEWER)
(Here follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by lire. Gordon, the resolution was
passed and adopted by the following vote - AYES:Rev. Gibson,
Mrs. Gordon, I+Ir. Plummer, Mr. Reboso. (Mayor Ferre absent.)
;16
1/24/74
HLI Ilr1IOII �L 1 !U i
I IiIIIIIl1iII Il i111INlIIi11ddM
:PIO/IDE ADDITIONAL _DEEIN IIMN. OF " N I.NG BOARD" _ y
Mr. i►1t,ydt Mr. yieea.May r and 80rabic COMMisliftere, in
t1t ►ftelo- menimg-poMesdur0 Ordinance, it wallet pr riy 'p'rbvided'
for a definition of the various new wards which Would be
created by the ordinance, 00 we have here an ordinance amending
ordinance No. 6871, to properly provide, ---it is a housekeeping
measure for the appropriate designations of the new boards and
appropriate definitions of them if your honors wieh to take it
up at this time.
Mrs. Gordon: I would like to ask you about the amendment
as to alternates. You were going to have that ready for today
too, right, Mr. Lloyd?
Mr. Lloyd: That is being prepared.
Mrs. Gordon: Will we have it this afternoon?
Mr. Lloyd: Mr. Turner will check and have that ready. for
this afternoon.
An ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, BY
DELETING ARGICLE II, DEFINITIONS, SECTION 1
IN ITS ENTIRETY AND INSERTING A NEW ARTICLE II,
SECTION 1 PROVIDING FOR THE ADDITIONAL DEFINITION
OF THE "ZONING BOARD" OR "BOARD" AND THE "PLANNING
ADVISORY BOARD" OF THE CITY OF MIAMI; BY AMENDING
THE APPROPRIATE SECTIONS OF ORDINANCE NO. 6871,
TO MEET WITH THE NEW REQUIRMENTS OF THE DEFINITIONS
OF THE "ZONING BOARD" OR "BOARD" OR THE "PLANNING
ADVISORY BOARD" OF THE CITY OF MIAMI; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING
WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION
was introduced by Mrs. Gordon, and seconded by Mr. Plummer for
adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by
the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon,
Mr. Reboso. Whereupon the Commission, on motion of Mrs. Gordon,
seconded by Mr. Plummer, adopted said ordinance by the following
vote - AYES: MR. Plummer, Rev. Gibson, Mrs. Gordon,Mr. Reboso.
NOES: None. (Mayor Ferre absent.) Said ordinance was designated
Ordinance No. 8225.
CITY MANAGER'S. ART. ott me; , ORANGE BOWL IMPROVEMENTS
MIME USES, TO. GIVE COMMON, ON, AN t€R BY: APRIL 1, 1974
Mr. Plummer: Paul,I think this would
I noted your comments in the paper, and I
three months ago, I will bring up at each
ask you for a posture of the improvements
would like a report at this time.
w—ram—P.
be an opportune time, ---
would like as I threatened
and every meeting and
for the O. Bowl. I
Mr. Andrews: The last meeting that I had with the users
17
1/24/74
• •
1
oocured December 18th, or thereabout, i don't have the file
before me and 1 am going on MeMOry, and at this meeting 1 expressed
to them that the City was moat anxious to proceed with the improvements
at the 0. Bowl. There were certain housekeeping types of improvements
that we Were Moving ahead with, whether we went ahead with a capital
improvements program as far as the 0. Bowl itself was concerned
or not, whether we built additional stands, whether we went in
and replaced chair seats for bench seats, whether we put in people
movers, which are escalators, or some form of mechanical walkways,
if we did none of these things, we going to continue to maintain
and keep the quality of the 0. Bowl at its maximum. However, I
expressed that the City Commission and I were most anxious to
work with the users, that after all they were the ones who put
most of the patrons into the O.Bowl and their wishes as to improve-
ments should be known and that we would work with them in any way
we could to pick out those items which were the most important, if
it was the collective thinking of the group that washroom facilities
or additional concession facilities or chairback seats were the most
important, that they should supply me with their priorities.
Out of this meeting,evolved aprocess of planning for these
improvements, the users requested that I supply them the report
that had been previously furnished, for the improvements, the
plans, plus the up -dated information that has been supplied by
an engineering firm which up -dated our estimates, and the estimates
then increased from, and I am going by memory again, from approx-
imately 16 million to 17 million, one hundred thousand, or so,
about a million dollar increase in the cost of all the improvements
planned.
Mr. Plummer: And the longer we wait the more it is going
to be.
Mr. Andrews: I think the time span right now is short,
but if we wait too long, I would have to agree with you that
those improvements would cost more if the months roll by.i
furnished this information to them about the 3 or 4th of January,
I have since received telephone calls from Dr. Stanford and from
the University, and from the 0. Bowl Committee, that they will be
meeting with me shortly to express their priority of improvements.
It is my hope that each one of the users will do so and as soon
as they do, we will analyze these, I'll submit those findings
to the City Commission so they are kept abreast of what is
happening, and then I'll be meeting with them again, as a group
so we can sit down and collectively decide acapital improvements
program for the O. Bowl on a priority basis.
There is one more important matter, I expressed to them
that the City of Miami is not trying to press the users into
long-term contracts. We want long term contracts but that is
something the users are going to have to decide. If they should
determine that they do not want to enter into long term contracts,
then they fully understand that we are going to be following a
city ordinance as far as the use of the 0. Bowl, the revenues
that we arrive, that we receive, will be planned in such a way
that we will put the improvements in place, one at a time, and
it may take many more years to accomplish that, unless the City
finds some way of funding the improvements, other than through
long term contracts. However, if they should decide to enter into
long term contracts, then it would make the funding easier for
the City, and we could provide many improvements over a shorter
period of time, and we could upgrade the quality of the O. Bowl
over a shorter period of time.
Mr. Plummer: I compliment you for coming this far. Now,
two other points, what is the posture presently of the scoreboard?
1/24/74
18
Mr. Plummer: Your remarks in the paper, it is conceivable
that it could be ready for the 74 season.
Mr. 1nd`rews: It is conceivable that it could be ready but
there are some problems that would have to be worked out that
are procedural and that is that we have an as
far as advertising in the o. Bowl at this time with American
Biltrite in that they put down the rug and the little sign
sets above the scoreboard. They would have to set that aside
if we were able to find some other advertiser for the scoreboard.
We are in the process of gathering information so that we can
prepare a proposal and submit it to the industry. I say that
a scoreboard is possible for the next season, but would do
so with tounge-in-cheek, because we are going to look for the
most elaborate scoreboard that we can get for the O.Bowl,
and if we can get an electronic display board, with re -play
capability, this gets into an area of $750,000. to a million
dollars for a scoreboard,
Mr. Plummer: Are you presently looking for that?
Mr. Andrews: Yes, I'm optimistic and hopeful that we can
get the finest scoreboar d that can possibly get.
Mr. Plummer: Now, ready for the bomb?
Mr. Andrews: Yes.
Mr. Plummer: My fellow Commissioners, I would like to
propose at this time, and I don't feel it is unreasonable,
that we set a deadline of April 1st of this year, for an
answer from the major tenants of the 0.Bowl. We cannot procrastinate
any longer if we are going to mauve ahead. I think they have now
had some four months, a lot of in -put has been put into it, but
I think an additional three months should give them the ample
time to make up their minds as to whether they want to go with
us and help us, or whether they prefer not to do it. Mr. Andrews
is April 1st unreasonable for an answer?
Mr. Andrews:No, I don't think so.
Mr. Plummer: Mr. Vice -Mayor, at this time, I make a motion
that we request of the major tenants of the O.Bowl that an
al answer be given this Commission by April 1 1974. I will leave
that up to the City Manager to so notify them as to the action
of the Commission.
Rev. Gibson: Mr. Vice Mayor I want to second the motion
and then make a comment, after we vote.
MDTION NO. 74-66
A MOTION FIXING THE DATE OF APRIL 1, 1974,
AS THE DEADLINE FOR RECEIVING REPLIES FROM
THE PRINCIPAL USERS OF THE ORANGE BOWL AS TO
THEIR ORDER OF PRIORITY FOR IMPROVEMENTS AT
SAID FACILITY
Upon being seconded by Rev.Gibaon, the motion was passed
and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon
Mr. Plummer and Mr. Reboso. NOES: None. (Mayor Ferro absent.)
•
Rev. Gibson: My comment is this,---J. L. you asked
the Manager if he is making some inquiries about the scoreboard.
1/24/74
19
Rev►. dibson: I hope as you make the inquiries, you will
send thee► Copies of a letter. and t hope as you get some answers
you Will send copies of the answers. That will avoid anybody
saying I didn't know, What you were doing, and that will put
everybody on guard, that on the 1st of April, we want them
to ship up, we want some answers and action.
Mr. Plummer: I agree, rather, but I don't want this to
be beat to death and in the middle of June or sL,ner, and still
saying where are we. This has to move ahead, and move ahead now.
Rev. Gibson: If the communication is opened up and goes
both ways, there won't be no, ----I don't have to tell the Manager,
about the details. I want, by all means, the to get
that communication, and it will be his problem who he disseminates
the information to, and when the time comes, I want that same
person who has been getting the communication, to be the person
on the firing line.
Let me raise another thing, ----it says the same thing I
heard at the last meeting I raised and I didn't get an answer.
Mr. Lloyd this is you. I said to you, why don't you read in
the record your question to the bond people, and their answer.
I didn't get that, but before we leave today I want it in the
record.
Mr. Lloyd: We have bond counsel from Tallahassee Mr. Ben
Dickens here and we will do that for you. He is here in person.
Rev. Gibson: We made a decision last week, based on
the .representation to us. I want us to have that question
that we raised, put in the record saying this was the question.
you know you did it by telephone, and I also know that it is
so easy the next day or after you hang up, to draft that question
into letter for and say, this is an understanding, this to con
firm my question, or inquiry to you. And this was the answer.
Mr. Lloyd: We have it drafted and it is in form, and can
be done.
Rev. Gibson: I want this done today. What I am also
saying, I voted to do that, and procedurally, I voted in the
dark literally.
Mr. Plummer: Father I think, in the defense of Mr. Lloyd,
that, you know a letter being sent as part of the record is
one thing, but when the man himself is here and goes on the
record, is much stronger than a letter. I understand what
you mean.
Rev. Gibson: J.L. let me say this. I'm in a business, man, ----
Mr. Plummer: The best in the world,
Mr. Lloyd: We can do that and the only reason I didn't do
it last week was I don't believe I got the opportunity after
you requested it. We went on to something else, and I wasn't
afforded the opportunity.
Rev. Gibson: Mr. Vice -Mayor, I want to make sure and give
him the opportunity and since we are trying to wait for the Mayor,
I give you time to get it together, and let's put it in the record.
Mr. Plummer: What he is saying Mr. Lloyd, if you want to
walk out of here this afternoon still being City Atty you have
to have it done. Does that lay it on the line?
20
1/24/74
•
CiNft :. GHT �' ' At I '( 7. U' , t'1 , Y4MR to - NE I ATE
R REMOVAL OF. DEZ AND. .MEMO/PALMS.DNt,C.t l' , PEffl' .En
Mr. Plummer; Ne in the City of Miami sell bit things.
out sunshine, our water and our tropical landscape.
Mr. City Manager, this Commission has to dO something
and do it now in relation to the coconut tree blight. Now
if everything that we read that one of the ways of impeding
or stopping the furtherance of this disease is the removal
of the trees already affected. I know we cannot go onto private
property and remove the trees, but a great deal of these are
existing on the public right-of-way, and I would say the majority
exist on the public right-of-way. I would like a report back from
you at the next Commission meeting, putting out in broad terms,
exacting terms, what it would cost the City for two crews, if
adequate, to immediately start removal of affected trees occuring
on both City owned property and the public right-of-ways. I realize
it is not going to be cheap, but I also realize that it is greatly
detracting from the appearance of this town, and hopefully will
be a situation that will help to clear up the diseased palms,
and I offer a motion at this time, that the City Manager be
authorized to negotiate with whatever companies are necessary
for the purpose of developing a cost factor' for the removal
as outlined relating to City property and public right-of-way
with the stipulation that the answer be returned by the 6th of
February.
Rev. Gibson: I second the motion.
MOTE: Mayor Ferre entered the meeting at 10:32 o'clock A.M.
Thereupon the following motion was introduced by Mr. Plummer
who' moved its adoption:
MOTION NO. 74-67
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO NEGOTIATE WITH PRIVATE FIRMS TO
DETERMINE THE COST OF REMOVING BLIGHTED COCONUT
PALMS FROM CITY PROPERTY AND PUBLIC RIGHTS--OF-
WAY
Upon being seconded by Rev. Gibson, the motion was passed
aid adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer,
Mr. Reboso, Rev. Gibson. NOES: None. (Mayor Ferre abstained because
he was not present when the matter was discussed.)
29. MUM -LOT 7,1 RLD.CKi EVER6REEIC LAWNSL 2 (13-59)
_____.. .. �8�.. aecaa'"Ptp na'n►-e is Peter Mescal, 3 Iive'ar I1330---
S.Bayahore Drive, and this is Mr. Marteen, who lives at 3106
N.W. 21st. As we previously stated Mr. Marteen was in the process
of making an addition to his home and when he went to apply for
a permit to put a kitchen addition to that addition, he was
confronted with this problem of the 4' frontage, which required
a variance. I would like to point the compatability of what
Mr. Marteen proposes to do to the surrounding area, Lot 6
immediately north of him is a duplex, lots 10 and 11 west of him
there is an apartment building. One lot south of him is another
apartment building and the property immediately east of him,
across the street is a duplex. And on lot 9, which has the
,, ,I01111 JI1111lIIi l ili�llljiilli i i iii.dlia1.161111IIiIIIIPIIIMEIYMliji
identical 4itnation as Mr. Marteen there is already a duplex,
so he is not requesting anything that is not what exists already
in the area. Me is going to provide off street parking, and
conforrae to all other requirements of the building and zoning
department. Zoning, he has R-3, more than liberal, more than
enough sq. footage in setbacks and if it were not for the
4 ft. hq3 would not even be here. He had more than the 20% of
signatw-es of the surrounding property owners that was required
including those of his immediate neighbors. There was only one
objection, out of the more than 60 courtesy notices that were
sent out, and that person has nevered bothered to show up and
air his objection. The Planning Department recommended the
approval of this variance and by a vote of 8 to 0, the Zoning
and Appeals Board recommended its approval.
Mr. Plummer: Mr. Mayor, I will once again vote in the
negative. I don't think this is compatible with the area,
this is the one I brought before, Mr. Acton, is this
the one on the last agenda for a second unit?
Mr. Acton: Yes.
Mr. Plummer: I want to know, is that going to be used
as a second unit or not.
Mr.Clasca: Yes, Mr. Plummer, it is, and as I pointed out
I don't know if you were busy at the time, but all around him,
Mr. Plummer: Sir, that lot is too small.
' Mr. Acton: Commission Plummer, can I give you a few facts
that are involved. He is asking for a variance from the lot
width, that is all.
Rev. Gibson: He is asking what?
Mr. Acton: He is asking for a variance from the width
of the lot. There are no set backs involved. The area is
zoned R-3. If he had a 40' width lot, he could build a duplex
without coming here at all.
Mr. Plummer: George, aren't we in the position of being
a pardoning board. It is already built, right or wrong.
Mr. Clasca: Not correct.
Mr.Plummer: What is the addition on the property?
Mr. Clasca: There was a permit issued No. 73-3485, and
that permit was for an addition that is now under construction
and was, ---permit issued and all according to proper order.
The problem arises that he now wants to place a kitchen to
that addition which is under construction, and he want to
apply for the permit, and in so doing that kitchen would
create a second unit, because that is what draws the line.
Mr. Plummer: George I still don't understand, I said it
before, and I'll say it again, how you approved that.
Mr. Acton: One more fact I want you to be aware of Mr.
Plummer, the minimum requirement for a lot area in the zoning
ordinance is 4,000 sq ft. if it was platted prior to 1946.
This particular lot has 5159 sq. ft. The particular structure
would be oompatable with the adjoining structures in the area.
Mr. Plummer: No, you are wrong, it is not cosnpatable.
22 1/24/74
Mr, Plummer: That is the reason for my negative vote.
Thera ate some brand new apartments in that area.. --'--how
old is that house? The front portian ''of that house has to
be 20 to 25 years old. It is not compatible, that is the
reason 1 am voting against it. It is too much on a small
lot. I agree with you if he built today a new duplex situated
on that lot in the proper manner, but it is not the case. It
is not compatible with the neighborhood.
The following resolution was introduced by Mrs. Gordon,
who moved its adoption:
RESOLUTION NO. 74-68
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE VII, SECTION 2 (3), TO PERMIT
CONSTRUCTION OF KITCHEN ADDITION TO LIVING ROOM
AND BEDROOM ADDITION UNDER CONSTRUCTION ON LOT 7,
BLOCK 1, EVERGREEN LAWS NO. 2 (13-59) LOCATED AT
3106 N.W. 21ST AVENUE, MAKING SECOND UNIT ON ABOVE
SITE, WITH LOT WIDTH OF 36' (40' REQUIRED AS LOT
WAS PLATTED PRIOR TO 1946); ZONED R-3 (LOW DENSITY
MULTIPLE)
(Here follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by Rev. Gibson, the resolution was
passed and adopted by the following vote - AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, and Mayor Ferre: NOES: Mr. Plummer.
3Di
BEOt1EST FOR. Cot'In-Ion: U . j1D: VARIANCE LOTSAL 13, BLOCK
IBISJIMICKELL ADD -• 888. $R1CKELL AVENUE
�..��.....�...,.-....-....--swam..---- swam swam--swam--
Mt. Jack Watson: Mr. Mayor and members of the Commission,
my name is Jack Watson, my_address is 505 Pan American Bank
Building, I represent the applicant Florida East Coast Properties,
and its president Mr. Ted Hullo who is here with me this morning.
This is a request in two parts, one for a conditional use
with a restaurant, and the other for a variance of some parking
spaces which are necessary for the operation of the restaurant.
Mayor Ferre: Before you proceed I would like to see who
the objectors are here.
Mr. Jack Watson: Actually it is a 20% item but there were
only two objectors.
Mayor Ferre: Any other objectors present for Item 8A or
8B?
Mr. Watson: Mr. Hullo said one objector withdrew so we
have only one left.
The situation here on this building is tiat Mr. Hullo
did not cause this building to be designed. He was called in
to take it over at the time of his construction. It was erected,
there were no variances granted, there is a tremendous need in
this area for a restaurant. True, we have a problem as far as
parking variances is concerned, but when this item went to
the planning board, the Dept of Traffic and Trans. of Metro
recommended denial. Since that time Mr. Hallo has arranged
to, if we are successful here, to have valet parking which
23
1/24/74
•
a
1J IIIIII IIl i iIjlil ll llll1'1I11...1111 lI1L1 IIIIIII III I
would make Up the 36 spaces
would like to read into the
my presentation.
The one letter is from
addressed to Mr. Ib110,
from
July
which we need a variance for. t
record two letters then I'll conclude
Carribean Parking inc. Dec.lth
Dear Mr. Hullo, Pursuant to your request we have
inspected the parking facilities in the 8 8 8 Bldg.
located located at 888 Brickell Ave. Miami,P1a.
You would be able by the use of valet parking to
increase the existing parking facilities by 36
spaces. We would be glad to furnish this service
for you and the result would be an additional
36 automobiles being able to be parked by us
with valet parking on existing parking facility
located within the building. Please advise us if
you wish to to furnish this service, Yours truly,
Carribean Parking System.
The next letter is a recent one addressed to Mr. Hullo
the Metro Dade County Dept. of Traffic and Transportation,
14,
Dear Mr. Rollo, This is in response to your inquiry
asking us to review and evaluate the valet parking
operation proposed to you by Mr. of
Carribean Parking Systems Inc. for your building
at 888 Brickell Ave. We concur with the suggestion
and agree that it will increase the effective
parking supplied by some 36 spaces. We have examined
the space and access and configuration within the
building and the spaces north and west of the building.
There is ample space to enable an additional vehicle
storage via valet service. We examined the nearby on -
street parking supply and suggest that minimal additional
space can be anticipated. The valet operation properly
supervised is a logical and workable alternative and
1 am taking the liberty of sending a copy of this
exchange along to Mr. George Acton Director of
the Planning Department of the City of Miami, as
I understand any departure from the Building Code
Parking requirements must be reviewed and approved
by his department. Yours truly, Eugene L. Sim, Director.
Mr. Watson: What we would ask this Commission to do this
monring if they would, would be to grant us a conditional use
and grant us the parking variance, but condition the parking
variance which you have the right to do, upon the operation
of valet parking service at all times the restaurant would be
open, and to furnish the extra 36 spaces.
I know we are in a hurry, but Mr. Rollo wants to say some
thing briefly.
Mr. Tibor Rollo: Illustrious Board, my name is Tibor
Hobo, 444 Brickell Avenue, I want to mention at this time
when we have inherited this job and the building permit was
taken out on this particular building, the zoning on Brickell
Avenue was different, and there was no necessity at that time
for conditional use permit. Restaurants were allowed in that
area. I respectfully ask you to let us go ahead on this conditional
use and valet parking.
Unfortunately there isn't a "'de item whereby one can
ask for a variance on valet parking. It is not in our Code,
24 1/24/74
we either have a variance for pinking or we don't have a variance
on parking. t would never request on any property, any parking
variance per se, 1 am replacing more than the required space
by the valet parking, ----there are 36 *paces required and they
could store 46 cars, if it is a valet parking system, as the
plans 1 have submitted to you indicate.
Thank you.
Mayor Ferre; Thank you, Mr. folio.
Mr. James Boyette Jr.: My name is James Lee Boyette, Jr.
Vice President of 1000 Inc. the owners of the neighboring property.
It is certainly not our intent to be a bad neighbor and we recognize
Mr. Hollo's problems. I don't oppose a conditional use for a
restaurant because there is a need for restaurant facilities in
the area. I would however say that under the old code, under
which the building was built, it would not have been possible
to build a restaurant that big. I think you could have provided
a thousand sq. ft. and I think the parkingwould still have
been a problem. That is not the point, the only point at this
particular time is my objections on the basis of inadequate parking
and loading facilities for a restaurant of this type. I do feel
the traffic generated in and the problems created by the waiving
of parking requirements will create a detriment to the area. We
ourselves have been faced with the necessity of providing more
parking than the Code requires, and I have just appeared before
you to get a conditional use for an additional garage to be placed
behind the 1000 Brickell Bldg because of the fact that it is necessary
to adequately take care of the people,' to provide more than the
Code requires. That is my only comment.
Mr..Plummer: Mr. Acton, in our Code presently, refresh
my memory, we have a provision that if off-street parking can
be provided within 300 ft. of an area, that it can be incorporated
into their application, does that apply here?
Mr. Acton: Yes, it does in the R-CB area.
Mr..Plummer: He has a letter stating that he can provide
the additional parking, ----
Mr. Acton:----thru valet, ----
Mr..Plummer:----whatever way it is provided, that is what
I am looking for to make sure the spaces are available. In
your estimation, doesn't this change the complexity of this
application?
Mr. Acton: To be quite honest Mr. Plummer, we really
haven't reviewed this application in the light of the letter
that was received recently.
Mr. Plummer: Would you like that opportunity sir,
Mayor Ferre: J.L. excuse me for a moment, I think we ought
to persue this a little bit,= this letter dated January 14th,
today is the 24th, that is 10 days, did you send a copy of this
to Mr. Acton.
Mr. Plummer: The last paragraph says that he was afford-
ing a copy to Mr. Acton.
Mr. Acton: Yes, we received a copy ofthe letter.
25 1/24/74
Mayor petrel When did you receive' the letter?
Mr. Acton: X read the letter but the Department did
notanalyse it in the light of this particular application.
Mayor Ferrel When was the letter received/
Mr. Acton: Around the 16th or 17th, Mr. Mayor. I read
the letter but did not make a recommendation to the Commission.
Our recommendation would still be of denial, as stated in the
Mayor Ferre: That goes back to what Mr. Plummer was asking
you, in other words, in view of this letter you have not changed
your opinion. So the fact he is providing 36 units within the
300 ft. distance from the building, which allowable, doesn't
alter your opinion.
Mr. Acton: No, sir.
Mayor Ferre: Yet, you say you haven't had time to think
about it.
Mr. Acton: We haven't had a chance to fully analyze th e
contents of the letterel our recommendation at this point is
still denial.
Mayor Ferre: Mr. Acton, I am not trying to play games,
I am trying to fathom the problem which at this point I am
confused about. I think there is contradiction in all of this.
I don't want you to misunderstand me, I am not criticizing you
but inview of the fact that you haven't had time to properly
analyzf the content of the letter, wouldn't it have been better
to saylwe are not ready to come up with a recommendation at
this time?
N. Acton: I base many of my comments on our knowledge of
m the parking situation in the Brickell area, which is still
mi critic#t1, as pointed out by Mr. Boyette,----
ml
Mayor Ferre: What is another two weeks going to do then
for your opinion.
j
Mr. Acton: We will be glad to take the letter, fully
analyze it, during the day, I don't think there is too
much problem duriig the evening hours, or after 5 o'clock,
it is only during the day when we know the parking situation
is st11 critical, and probably could not be accomodated by
such.'tatements as made in letter by on -street parking, it
just: sn't available.
. Plummer: Let me ask this George, I really should
be a ing it of Mr. Lloyd. Mr. Lloyd this is asking for
a variance, as it relates to the parking. On a variance
can't we stipulate conditions?
Mr. Lloyd: Yes,on a variance you may.
Mr. Plummer: Let's say that we were to grant Sec. B,
can't we attach to that variance approval the condition that
it only exist as long as he has the valet parking?
Mr. Lloyd: Yes, correct,
Mr. Plummer: ---that if he did away with valet parking,
that would void the variance?
Mr. Lloyd: Yea, yes, 26 1/24/74
V III l ull I11IYIJMILI I110 I1111111
Mr* PlUMMett t just wanted tel get that into the record.
Mayor perre: I. think. that clarifies the situation. We
have twO itefae here; A and stand
Mr. Plummer: Obviously there is no controversy over A,
Mayor Ferret Let's see if there is a motion,
Mt. Plummer: They are tied together, you can't do one
without the other.
Rev. Gibson: Mr. Mayor, we just debated this morning,
in your absence, if you had been here, it would have been
the same thing, ----there is a necessity of making Brickell Ave.
liveable and stop crowding the area. When I was asked, I went
out there and saw, both buildings, one across the street from
the other, 1000 Brickell,----I referred to it earlier,
what disturbs me without end is, that, how we really used up
that land, in the front and the back.
Mr. Plummer: Are you referring to landscaping?
Rev. Gibson: I am referring to both, --if you have landscaping
for beautification and you have parking for convenience.
Mr. Plummer: I think it is a reasonable question, because
I ■aw the same buildings. I know the building is not finished.
Mr. Rollo what do you intend to do for greenery around the
building. I think it is a legitimate question.
Mr..Bollo: It is a very lushly landscaped plan that
has been submitted when the building was originally requested,
a permit. We are over and above the required green space by
providing, ---it is a small building, a small plaza, with greenery
on the plaza under the plaza and adjoining the plaza, very lushly
landscaped park.
Mayor Ferre:It is landscaped, ---at this time, I don't recall,
Mr. Molloy It is not finished yet, we expect to have it
finished in about 6 weeks from now.
Mr. Plummer: Mr. Acton, you have heard the statement of
the gentleman, do you concur that his landscaping schematic
which has been submitted to you is above and beyond what is
required?
Mr. Acton: I believe this permit was pull under the
old ordinance. Is that correct Mr. Rollo?
Mr. Hoilo: That is correct, but the submission of plans,
Mr. Acton: What lam saying is, it was permitted, so we
never reviewed it, -the permit was pulled under the old ordinance
before the new R-CB ordinance was put into effect.
Mr. Plummer: He said he is giving you a landscaped lay -out --
Mr. Acton: MO, sir, I don't believe he said that,
Mr. Hbllo: We have given it together with the building
plan, which are over and above the required parking lay -out.
27 1/24/74
Mr. Acton: Reuse eye Mr. Mayor, t believe the applicant
is stating that he,-- —the landscape plan went along with
building plans in the building department---
• Mr. Plummer: Mr. Ferencik, you heard the roan, that he
submitted the pupa to you. We have the wrong guy. Do
you ooncur that his lay -out is beyond what is required.
Mr. Ferencik: The landscaping ordinance as it is
presently adopted by the City, really in the regular
case, where a permit is taken as a matter of course,
there are no variances, no conditional uses involved,
the landscape ordinance is primarily directed toward the
landscaping of off-street parking facilities and off-
street parking sites, and the screening of these sites.
This building, I remember the building plans on it and
have seen them, and he has indicated on his plan an
intention to supply a rather elaborate landscaping
system in front of the buil ding, which doesn't have anything
to do with the off-street parking. He may really not be under
the law committed to do this, but his plans have indicated
his intention to do so.
Rev. Gibson: Mr. Mayor, I want to say to the Commission
now, I am not always knowledgeable and I don't always get to
see all of these places. But I happened to see that one and
I saw the other one, because I know how the people on Brickell
Avenue have complained. Let me say something else Mr. Mayor,
we ought to be very careful how we treat Brickell Avenue because
in a little while somebody else is coming in here and ask you
about another development that is not on Brickell but not too
far from there, and I am, I don't want to be put in the
box now, ----where because I did this over here, I have to that
over there, ---I think if we that if we are going say to the
people of this City that we are going to clean up this area,
I believe out of fairness, we ought to ask this department
that we pay good salaries for, to take what he is saying,to
review it and come back here and tell us., and I am going to
make that motion, if I get a second or not.
Mayor Ferre: Father Gibson is making motion that this
matter be deferred to another meeting,
Mr. Plummer: If he would
will supply tothis Commission
landscape lay -out proposed by
of the record and hold him to
include in that, that Mr. Rollo
as well as the Department, the
him so we can make it a part
it.
Rev. Gibson: J.L. I want to tell you this, I have no objection,
and I think you, because let me tell you, my decision to vote,
yes or no, will depend upon; what other things he is going to do
and I just don't think, if I saw that building right, no way
in the world are you going to be able to make deliveries to that
restaurant.
Mayor Ferre: I think Mr. Rollo Father Gibson has pointed out
some very valid points, and he has some serious concerns, and I think
you are advised of these concerns as is the administration, and
it is your job now to convince the administration and next time you
come to bat, this Commission. We have a motion and a second,
Mr. Plummer: For the 6th of February,
Rev. Gibson: I have no objection.
Mr. Plummer: Mr. Rollo can you be prepared by that time?
28
1/24/74
110111111111111111111111I i1111,YII IILII
Mr. }llo: I'll be happy to, -----
Mayor Ferret This is on both A and h
Mr.Piutmter: One goes with the other.
Rev. Gibson: I stipulate A and B.
Mayor Ferret Call the roll, please.
Thereupon the following motion was introduced by Mrs. Gordon
who moved its adoption:
MOTION NO. 7-69
A MOTION TO DEFER UNTIL FEBRUARY 6, 1974,
APPLICATIONS FOR CONDITIONAL USE AND VARIANCE
BY FLORIDA EAST COAST PROPERTIES, INC. AT 888
BRICKELL AVENUE PENDING SUBMISSION OF LANDSCAPE
PLANS TO THE PLANNING DEPARTMENT AND STUDY AND
RECOMMENDATION BY SAID DEPARTMENT
oli• Sim lie
Upon being seconded by Mr. Plummer, the motion was
passed and adopted by the following vote - AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES:
None.
31. FLOOR AREA BONUS. VARIANCEREQUESTS LOTS.1 & 2 En.
HI GHLEYMAN I S SUB 'DEFERRED. FOR REDESIGN' OF' PLANS
Mr. Glen Goldberg: My name is Glen Goldberg, I am an
attorney with the law firm of Lyons and Smith, 1230 N.W. 2nd
Street, I am here in behalf of Brickell Construction Corp.
its principal Mario Fernandez in reference to 9A,seeking to, ----
when a variance for that building to be constructed
at 1395 Brickell Avenue, and certain bonuses based on said variance.
Mayor Ferre: Anybody here to object? On 9 A? on 9 B?
All right, sir proceed. ----
Mr. Goldberg: I believe you all have copies of the
renderings of the building in question. I'll ask you to turn
to, I believe it is the 2nd or 3rd page of the rendering which
describes the,--layout,---the main purpose of our variance, and
that is the lower than ground level parking set -backs which
we are seeking. The code requires that parking set backs be
and I will go through it, on our south border, the code requires
5 ft. and we are providing 1315 ft. we are not seeking a variance
there. On the north border, the code asks for 5 feet, and we have
provided 0 setback . Now, our point in here is that the parking
set backs, and the purpose of a parking setback, and the letter
of the law states the variance for the setback is so your car
is not sitting on your neighbor's lot. That is the purpose,
to protect your neighbor. No one wants to be in a building
where the car is sitting right there. But this is below ground
level, what I am showing you here. The purpose of this variance,
the need for the variance, is below ground level. The spirit of
the law is one thing, the letter of the law is something different.
The letter of the law requires certain setbacks, the spirit is to
protect the neighbor. Here the neighbor is not being punished at all.
29
1/24/74
II�9�lO�Is!!�! �JI!!I!!!1!911!!!!I!�! I!!I
AS a Matter of fact, we are landscaping this entire building
beyond the requ.remente provided. That is the principal objection
of the planning Department, is those variances that we seek below
the ground level, because we are on the property line, for the
parking variances below the ground level. As to the street
floor, there is no problem on the north border, with
variances or setbacks, nor on the east, nor on our west.
There is a problem on our south border, and this is on the
street level, I am directing your attention to, and the problem
is that you are required to provide 15 ft. we. have provided
131/2 feet and this ft. difference is the area where the car
pulls up to the parking space, and the way American cars are
today, a little bit of the car will hang over, and I estimate
that at a foot and a half, and that is the ft. we are being
penalized for.
Besides that, there is 15 ft of grass in front of the
building which we are not allowed to include as part of our
variance requirement. That is a 10' right-of-way which we
are landsacping there, ---its the last page of your rendition
which shows the landscaping of the building and you will notice
that we have provided landscaping on the north border, the top
part of your paper with the tree every 75 ft. and by the way,
these treee are being, the architect is advising me, such
that they are plumeted through the building, a hole in the
building, and placed into the soil below. I am sure you have
all seen this. On the part on Brickell Ave. which is the
lower part of this rendention, the lower part is
14th Street, ---you will notice how the architect has land-
scaped this in order to meet the requirements of Brickell
Avenue, in keeping with the community. I would like to point
out this building is in accordance with the comprehensive
plan of the community and the variance will in no way depreciate
any adjacent land. I believe it is justified by the changing
character of the community and our architect has planned it
such that it will no way increase traffic congestion on Brickell
Avenue. You will notice from the rendition that it is a beautiful
building and we have gone out of our way in the landscaping, and
the only serious problem is that of the variances below the ground
level, in that we are parking cars, on the property line below
ground level but the purpose the variance or the setback is so
your neighbor does not see the cars. It doesn't take into account
that below ground level your neighbor is not going to see the car
anyway.
Mrs. Gordon: Mr. Acton, why would you object to a variance
if this is the only tool for handling the setback, ----below
ground. I, can't understand it or is it technical ----your objection?
Mr. Acton: No, the applicant failed to point out that, ---it
is true part of the structure is below ground, but rises above
ground about 3h ft.,in otherwordb it is a plaza. When we re -designed
the Brickell ordinance, we purposely put in the ordinance that each
underground structure would rise above the ground become a plaza,
be set back a minimum of 5 ft. from side lot lines and rear lot
lines, so we didn't get in the problem that was exemplified earlier
when I thought Commissioner Gibson summarized it very well when he
said that the building north of the 1000 Brickell Bldg. didn't show
any evidence of landscaping and the reason is because the building
north of the 1000 Brickell Bldg.has no side or rear setbacks, on
the street side. In otherwords the plaza goes lot line to lot line,
and rises 341 ft. so there is no place for landscaping between the
lot lines and the structures that rise above ground. I want to point
out to the commission that this particular application has a unan-
imous denial of the Urban Dev. Review Board, the Planning Dept. and
30 1/24/74
•
V11 ENNIUMMIM9 Ii�i tilill61$@�i(iIVIrI01iiI011 UI ..
the boning board. The Review Board spent two sessions reviewing
the plena as presented by the architect and we are of the opinion
the architect could design an adequate structure that would be
in conformance with the ordinance. There is no reason' at all
why the building cannot be designed in accordance with the
ordinance.
Mrs. Gordon: The ordinance says that below ground he
does not need setbacks?
Mr. Acton: NO, no, -----the ordinance states that you must
have a minimum of 5 ft. setback, ---
Mrs. Gordon: --even below Oround?
Mr. Acton: The point I am trying to make Commission Gordon
is that in order for a tree to have an adequate space to grow,
it can't grow on the top of an underground structure. The ground
must go all the way down, so the tree has a chance to develop
a good root system, and that is the reason we insist that under-
ground structures be set at least 5 ft from the lot line, so
the landscaping placed in there, trees would have an adequate
space to generate root systems and could attain sufficient, ----
to beautify the area. A tree cannot attain massive height if
you plant it on top of a concrete structure. What I am saying
is the applicant is telling you that it is underground, which
is true but the other point is it rises above ground, and becomes
a plaza. Do I make myself clear Commissioner Gordon?
Mrs. Gordon: Yes, I know what you are saying, but the
way you described it and the way I understood it is that the
entire area is not underground, some of it rises above ground.
Mr. Acton: That is right, it is a plaza. What I am saying
is you must have 5 ft. for trees and other landscaping material
to properly develop. They can't develop on top of a plaza. Else
you are going to have the same situation as I stated earlier,
that was simplified by Commissioner Gibson when he pointed out
the type of structure that we have directly north, the 1000 Brickell
Bldg. where you have concrete lot line to lot line.
Mrs. Gordon: I heard you say something about placing your
trees into the ground, ----
Mr. Goldberg: Three things, ----the Planning Board was
not unanimous against this,
Mrs. Gordon: That is immaterial, we are talking about the
trees, --
Mr. Goldberg: The seond part is that the plaza does come
up 3 ft on the ground level, that three feet is concrete , which
is landscaped. It is just like part of the building. It is not
that you can see any cars.
''Mrs. Gordon: Bow are you going to plant trees in it?
Mr. Goldberg: Slabs are removed throughout, where trees
are placed through the slabs, and you see this every day in
New York City, and all over Philadelphia, and they are just
beautiful the way they landscape the arcades throughout, and
there are certain types of trees where slabs can be removed of
the concrete, and placed below the street level and into the
ground level, and we have provided for this, with compact cars
parking on each side of the tree at ground level, whereby the
tree can grow in there, and that is what we have provided for.
31 1/24/74
II1111111111111111111111111111111111 I
III 11111111111111111111111111111111111
Mrs. Gordon: What is your objection to that Mr. Acton.
Mr. Acton: 1 thought 1 clearly stated before that we
are against trying to attain the type of beautification that
is deemed desirable in the entire Brickell area by trying to
plant trees either on top of concrete plaza or creating an
opening and going in the ground,through plaza, through the
parking structure. This means that the tree must rise at
lease 8 ft before it penetrates the top of the concrete plaza,
and from that point on, you know you've got to come out another
8 ft. before the tree would start to generate any type of semblance
of beautification for the area. And what we are saying is that
we purposely designed this district so that the entire perimeter
of any underground structure would be placed at least 5 ft so
the trees could be placed directly in the ground, could be visible
from the street, so they would retain the hammock -like environment
that we deem desirable for the entire Brickell area. We are trying
to get away, Commission Gordon, from Plantings either on top of
concrete structures or trying to go all the way through it. We
are requiring that they set it back so the tree does get a chance
to really develop its full potential.
Mr. Goldberg: The tree does not go all the way through
ground level, it would be impossible, but you see the last
page, the architect has looked into the type of tree that can
develop like this, and the tree, ---there is 8 ft of soil between
the plaza level and the ground level, the floor level. The
tree is placed on the plaza level, and the roots grow into the
ground, just like any place, ----
Mayor Ferre: Mr. Acton what is the F.A.R. ratio in this
particular zoning, in this lot.
Mr. Acton: It starts at 1.5, and he is requesting two
bonuses, one of .25 for having more than 50% of the
and another for, I think .01 for --with the lot. What happened
is
Mayor Ferre: He is also asking for 1,286 sq. ft. for
643 of un-enclosed, he is asking for .01 and .25 which
amounts to how much, the total is 28,000 sq. ft. of ground
space, is that right,----140 x 200,
Mr. Goldberg:---49,280 total, when you multiply 1.76 x 28,000,--
Mayor Ferre: That is what I am trying to build up to because
I don't understand this. Would you multiply for me 28,000 x 1.5,
how much is that? 42,000, now, how much is he asking for in this
application?
Mr. Goldberg: 8,000.----
Mayor Ferre:----8,000 additional sq. ft. In the new regulations
that we have on Brickell Ave. with all these incentives, is this
allowable?
Mr. Acton: Yes, sir, it is allowable provided he receives
approval by the City Commission, is what it amounts to.
Mayor Ferre: He is asking for additional 8000 sq. ft. on
one side, then in Sec. B, he is also asking for this, ---for
variances, does one have something to do with the other, ---
is the fact that he is asking for these variances, is that
the reason why 9 A was turned down?
32. 1/24/74
s,1
WS
•
Mt. Acton: We don't believe so, we believe he can design
within the ordinance. Unfortunateiy he came in With a complete
set of working drawings for review by the urban dev. Review Bd.
that had these variances already built in.
Mayor Ferre: What in the world did we put in the incentive
systems if it wern't for the fact that we wanted people to give
up ground space and leave open, and add a little amenities, --
we wanted the parking covered as much as possible, and landscaped,
and these people come in with this type of improvements, isn't
that exactly what we designed, this bonus system for?
Mr. Acton: Yes, that was the idea.
Mayor Ferre: I don't understand, by doing something
like this, there are two things here. these bonuses and
the variances they are asking for. I happen to feel pretty
strongly that these variances they ab asking for, they live
within the law, so I have an opinion on that, but I don't
understand why, if they ask for these bonuses, by giving up. ---
by covering the parking by 50%, by leaving open space, of 643
sq ft on the 1st floor, and they go for 140 ft. width, what
could they put in there legally? They have 140 ft. width, what
is it they could do that they are not doing, do they give up
10 ft.----is that what it is?
Mr. Acton: No, no, one of the objectives of the Brickell
area zoning district was to encourage the assembly of large
lots, so we give them a bonus for the acquisition of large
lots, starting at 100 ft.---when they get over that, we give
them bonuses. The more land you acquire, the larger the bonus
because we are of the opinion you get better development on
a large lot than a small lot.
Mayor Ferre: By .01 does that mean 1%,----
Mr. Acton: It is 100th,
Mayor Ferre:--so it is 100th, which is 1%, so on this
piece of property would they have the right to put a 42,000,
Mr. Acton: They don't have a right, if they come in and
ask for bonuses,
Mayor Ferre:-no, you did not follow my question, they have
a right, without any bonuses to put a 42.000 sq. ft. of space.
Mr. Acton: That is right, --
Mayor Ferre: That is what I said. They are asking for a
bonus of 1% because of the size of the lot. Right?
Mr. Acton: Right?
Mayor Ferre: That is 420 sq. ft. so that isn't a big deal.
That is a little room someplace. The second thing they are asking
for, is .25, that as I understand it, what %, 21%
Mr Acton: It is 25% of the lot area.
Mayor Ferre: So they are asking 25% increase and they are
allowable because of the fact they are covering half of the
building.
•
33 1/24/74
iMe. Aoto:t: At least half, right, of perking,----..
Mayor Ferret The way they are covering half Of their
Wilding, creates a problem down in 9b.
Mr. Acton: Yes, the way they are doing it,
Mayor Ferre; The third thing he is getting out of this,
is 1,286 sq. ft. because he took 643 ft* down on the ground
floor and left it open instead of putting a building on it,
right,
Mr. Acton: Right, ----
Mayor Ferre:---which is what we are trying to encourage.
I am just going over this so I understand it, ---I don't see
anything particularly wrong with letting them have those
bonuses provided they live within the law. I am just expressing
so -we can comeout and vote on this.
Anybody have any questions? Make a motion, 9A or 9B
first, ----
Mr. Plummer: I am willing to make a motion, I want to
give the opportunity to someone else.
Rev. Gibson: Mr. Mayor, in view of what I have been
saying here this morning about Brickell Ave. --what we hope to
accomplish, I am going to offer a motion to deny it.
Mayor Ferre: You want to uphold the denial of the Planning
Department.
Rev. Gibson: That is right.
Mrs. Gordon: To the Planning Dept. once again, on the A
portion, mhich is only dealing with the bonuses, you are objecting
to the bonuses.
Mr. Acton: Only because of the B portion.
Mrs. Gordon: This is what the Mayor just said, he is not
objecting to the A portion.
Mayor Ferre: I want to repeat this point, we went through
a lot of trouble, and spent a long time and a lot of money and
got a lot of architects and planners and landscapers and people
worried about this density problem, to come down and discuss
this, and we finally came up with an ordinance for the Brickell
Avenue area which gave incentives to builders like these people,
that if they gave up a little space on the bottom, they could
build a little more at the top, if they covered parking we would
give them a little bit, ---when they give us, we give them a little
bit, okay, now, this man, Mr. Acton just told us that the only reason
that they objected to 9A is because of 98 and I agree with that,but
what I am saying is, let's vote down 98, if that is what you want
do do, and give them 9A so they will go back and do it the right way.
Rev. Gibson: You can't eat your cake and have it too, if he
wants to do, let me tell you what, I will even change the motion,
and tell him to go back and do it, -----
Mr. Reboso: Mr. Acton, do we have a copy of the letter from
the Urban Rev. Board regarding this project?
Mr. Acton: I can't answer you Commissioner. I have a copy
addressed to Mr. Simpson. I assume you have a copy in your folder.
34 1/24/74
•
Mr. Reb►0e0: I rant find it.
Mt. Acton: It is dated Nov. 29, 1973 from the Urban Dev.
itevieW guard to Mr. David Simpson, and I will read it into
the record if you would like me to.
Mayor Ferre: Go ahead, ----
Mr. Acton: The Urban Dev. Review Board at their meeting
of Nov. 26, 1973 reviewed the plans for the proposed office
development of northeasterly corner of SE 14 Street and
Brickell ave. The applicant is petitioning for floor area
ratio bonuses based on a limited of amount of tin -enclosed
floor area ground floor space, and increase in lot width.
and enclosure of at least 50% of the off-street parking
together with the variances. The Board finds that
the applicant's request for variances is without merit and
the granting of these variances will serve to deter adequate
provision for site and landscape amenities necessary to fulfill
the spirit of the R-CB district for the Brickell area.
Mrs. Gordon: They are,not talking against the A portion
either.
Mayor Ferre: You see the sense of this commission. I
recommend you withdraw this and go back to the drawing board
and re -design it and come back and I think,
Mrs. Gordon: Defer it, ----
Mayor Ferre: if you come back here and live within
the law, you are going to get your bonuses, so back and re -design
this. Defer to Feb. 6, is that all right with you Mr. Andrews?
Mr. Andrews: That is all right.
Mr. Acton: I wonder what the procedure will be, is the
applicant stating he will bring a set of plans in for review
by the department and board ----
Mr. Goldberg: We will have to revise the plans, in order to
meet your requirements.
Rev. Gibson: Mr. Mayor, on word that bothers me, you will
attempt,the point I want to make, there is no need of taking
our time by attempting, we want you to go back and make an earnest
conscientious effort.
Mayor Ferre: What he is saying, if you don't do it, don't
come back.
Rev. Gibson: If you think you can't have it ready for the
February meeting, all we ask you to do my brother, is not take
up this time. You come on Feb. 28 and we will welcome you then.
You have to make that decision.
Mr. Plummer: Schedule it for the first meeting after they
presented in adequate time.
Mayor Ferre: The first meeting after you present it properly.
W. Lloyds The first motion for denial should be withdrawn.
Mayor Ferre; We have a motion and second to withdraw, now
make a motion for deferral
35 1/24/74
Th lreupoh the following motion was introduced By Rev,
Gibeon, Who moved itg adoption:
A MOTION TO DEFER APPLICATIONS FOR VARIANCES
AND FLOOR AREA RATIO BONUSES TO BRICKELL CON-
STRUCT/ON CORPORAT]D N TO ENABLE THE APPLICANT
TO PRESENT NEW PLANS FOR DEVELOPMENT AT 1395
BRICKELL AVENUE, WHICH PLANS WouLD BE ACCEPTABLE
TO THE PLANNING DEPARTMENT
Upon being seconded by Mr. Reboso the motion was passed
end adopted by the following vote - AYES: Mrs. Gordon, Rev. Gibson,
Mr. Reboso, Mr. Plummer and Mayor Ferre. Noes; None.
32.
TO "AFRICAM, ARE PROJECTI - • APPEARAPICE. BY. MRS,. A. RANGE
Mrs.-Athalie Range: Thank you very much Mr. Mayor and
Commissioners for allowing us to come this morning.
Some several weeks ago, we, the Martin Luther King
Blvd. Dev. Corporation appeared before this Commission seeking
a portion of the Revenue Sharing funds for a project we chose
to call African Square. You very kindly consented and allocated
to us $57,390. for the development of a 150 ft. frontage on
N.W. 62 St. as African Square. We went back to the community
and advised them of what had been done, and it was received
very jubilantly, however as we attempted to develop the plans
we found that the demands of the community were far greater,--=
there were many more people, who wanted to participate, it was
pointed out to us, that to spend this amount of money, in developing
this particular square, would be almost futile because it simply
would not begin to supply the needs of the people. As a result of
this, we began to intercede to find out what else could be done
in order to make it a fruitful venture. We contacted the City
Manager's office, the legal department, the Planning Dept. and
I am sure they will acquiesce to this statement, that in order
to propbrly develop the African Square, there was a greater need
and they identified the monies from park of which
2 million dollars has been allocated by the City for the use
on N.W. 62 Street, or the Martin Luther King Blvd. Monies that
could be used in part for a more expensive development, ----I
want to read to you just a statement,we want to be as brief as
possible, but let me read to you a statement, --"The development
of African Square provides a unique opportunity to utilize public
open space, as a an integrated and creative aspect of an existing
community, that needs economic development opportunities as well
as facilities that develop the social, recreational and educational
environment. The park site has within a two block radius 57% of
all the people in the Model Cities community. This fact coupled
with the fact that no adequate neighborhood shopping facilities
exist for these residents, to purchase even the basic necessities
of food and clothing without having to use vehicular transporation,
necessitates a new approach by City government, in its continuing
endeavors to serve the needs of the residents of this City. It is
inadequate and inappropriate to take this opportunity and develop
isolated special use functions as valid as such facilities are,
they go only a short way toward meeting the open -space and recrea-
tional needs of the community. The park must offer such facilities
and at the same time go beyond their specific sunctions to become
*focal point for economic development in the community as well
as provide for social contact, while being a recreational,educational
center.
36
1/24/74
•
i
inward this end as 1 said, we did contact the different
divisions Or departmente of City governMent, have gotten their
opinione, and I will call on each of them if 1 May to express
themeeivea to you. After we n°c eivedthe advice that the 2 million
dollars allocated to us from the linear park funds could possibly
be used in a small portion,really less than a half million of
these dollars, could be used for the acquisition and implementation
of the plans we have come before with this morning. We went out
aid brought in someone who could actually develop the plan and I
have this gentleman here with me this morning. What we are
asking you to do is to give us permission to use the expanded
plan in the first phase of the plan, the first 8 months period,
of the plan, we will not be using the total $57,390. Our needs
for the first phase of the plan will simply be $31,000. then
the monies from the 2 million dollars can be utilized if it is
your wishes to actually construct the African Square.
Following the construction of African Square, we will then
want to use the remainder of the $57,390. to gear up, Mr. Ernie
Edwards who is our architectural planner,will come to you now,
and explain whatever there is to be explained from a technical
standpoint of view and we will be happy to answer any questions
you might have regarding this.
Mr. Andrews: Mr. Mayor and members of the Commission, if
I may interrupt, when I met with Mrs. Range, and the gentleman
who is about to speak, because I wanted to be prepared to explain
procedurally what they are attempting to achieve so as you go
through additional explanation, you will appreciate fully what
it is they are trying to accomplish. They initiated this with
a much smaller project than they have before you now, and in the
case for you to get revenue sharing funds to initiate the project ,
that they got into it, ----they found they would need more land
than they had anticipated, they began researching this and dis-
covered that Martin Luther King Blvd. along the Blvd would be
an ideal site for a park, so let's start with the concept first
of a park, by acquiring a few additional pieces of property, it
is proposed that a unique type of park be developed where large
numbers of people could gather in a plaza atmosphere, there may
not necessarily be games as such, but this would be an opportunity
for social inter -action and reaction, and then a portion of the
park, once it is developed, would be allocated to the actual
development of African Square within that park and you can see
that in the picture before you. They would be drawing from the
Martin Luther King Blvd 2 million dollars funds, that have
been provided by the City, for the basic acquisition and develop
of the park, and then the $57,000. would be used to supplement
that to begin development African Square within that Park concept.
Mayor Ferre: Do you have any recommendations Mr. Andrews
on this matter?
Mr. Andrews: Yes, I recommend to the City Commission, in
concept at this stage that you accept this, permit me and my
staff to meet with Mrs. Range and the people she has chosen
to continue the further development of this concept and come
back to the City Commission with a possitive recommendation
for expenditure of funds etc.
Mayor Ferre: With a full presentation, then we would
let Mr. Edwards and the others speak at that time Mrs. Range.
The Manager is recommending that the Commission approve this
in concept at this time and authorize him to sit down with
the people you have and go over this and come back to the
Commission for final implementation. If that is the will of
the Commission.
37 1/24/74
Nts6 Oordofts 1 think it is an excellent idea and in
fact the 4ntargetnent of the area to me is a great improvement ----
I co+imend you on this. 1' i move it, -..---
MOT/ON NO. 74-70
A MOTION ACCEPTING IN PRINCIPLE THE CONCEPT
FOR DEVELOPMENT OF' THE AFRICAN SQUARE PROJECT
ON MARTIN LUTHER KING BOULEVARD PRESENTED TO
THE COMMISSION THIS DATE, AND REQUESTING THE
CITY MANAGER TO MEET WITH THE DEVELOPERS OF
THIS PROJECT IN AN ATTEMPT TO RESOLVE PROBLEMS
OF FINANCING THE EXPANDED PLANS
Upon being seconded by Rev. Gibson, the motion was
passed and adopted by the following vote - AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None.
Mrs. Range: Thank you very much.
,blr.. _.o
33. PERSONAL APPEARANCE-, MR•. • B. • DM CKENS J • BONDt COUNSEL REGARDING
POSSIBLE REALLOCATION.OF FUNDS lN_• PARKS -BONDS PROGRAM
Mayor Ferre: Father Gibson at the last meeting when
this matter came up on Ball Point made a rather emphatic
point, requesting that both the appraisers and our bond
counsel should be present, and I told Mr. Lloyd, if it
were possible for Mr. Dickens to be here in the morning
that I would recognize him for any questions with regards
to the legal memorandum that he sent to our Law Department
which Mr. Lloyd alluded to and talked about, with reference
to the legality of using these monies in other park projects
either that the Bayfront Park area or in other park projects
as spelled out in the bond issue that was just passed in 1972
for 39 million dollars.
Mr. Plummer: Mr. Mayor any conversation in reference to
this, because I am preparing a package on this, any reflection
I want it so stipulated in the Minutes is only what is legal
in the interpretation of the bond people. It is not the intent
nor anything of this Commission, but only we are asking for
the legalities of what can be done.
Mayor Ferre: That is right.
Mr. Plummer: With that in mind, go ahead.
Mr. Ferre: We are not going to get involved in what
is going to be done with that money at this point, but the
question was rightfully brought up by Father Gib®n and since
Mr. Ben Dickens is here before us, he is here to answer any
questions we might have.
Mr. Lloyd: Mr. Mayor, before Mr. Dickens proceeds, Father
Gibson has reminded me that he had requested that I read Mr.
Dickens decision, his questions and answers. I answered that
I believe at the last commission meeting I was not given the
opportunity, I would like to have the opportunity to do that
at this time.
Mayor Ferre: Father Gibson asked you to read it and I
went beyond that, I said I want you to send a copy to every
36 1/24/74
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lMillMlll1011111111IIIIi III IIlI Iii 1 I III 1l 111 n J
Commissioner so that he will have it available to read at his
foie and then be prepared to ask the questions. Maw that
been done?
Mr. Lloyds NO, that must have escaped me because 1 have
the copies here. They have not been sent unfortunately.
Mayor Ferre: I have a real good memory and I can tell
you that is exactly the way this is developed.
Mr. Lloyd: 1 appologize for not having done so, because
I had them here, ---
Mayor Ferre: I think It is important, Jack and again
this is not a personal criticism, but this is an important
matter. There are a lot of question that have been coming
to this Commission. I think it is very important that that
memorandum be given to all the Commissioners so they will
have the opportunity to study it, and then they can ask more
intelligent questions of our bond counsel. I request that
you pass those out right now, and that eventually we may
have to have Mr. Ben Dickens with us again for further
questioning. In the interest of saving time, don't read it
into the record, just pass it out.
Father Gibson do you want to ask some questions?
Mr. Ben Dickens: Mayor Ferre and members of the Commission,
I am glad to be here, and I will try to answer to the best of
my ability your questions. I think what_ you are more interested
in today and certainly what I am more interested in, is fact
and not law. It's axiomatic, when dealing with bond matters
or other matters, the facts are more important than the law.
Most of us can read the law very well, the question is what
facts are we going to follow.
Mayor Ferre: What facts are we going to apply to the law?
Mr. Ben Dickens: ----apply to the law, I understand what
your problem is on that Ball Point property, and I think
you have a substantial estimated cost on it, the next question
is-7--
'Mayor Ferre: Why don't you talk, closer to the mike, because
we have a hard time hearing you, ----
Mr. Dickens: I think as I understand it, you have what
appears to be an estimated substantial cost over run, as distinguished
from a minor over -run, and I think the question which Mr. Lloyd is
interested in is to what extent may you enlarge and expand the
other parks. I mentioned in my memorandum after setting out some
rather stringent law that explains what applied in the past
I think within reason, you can take some of that money left
over from Ball Point if you can't build Ball Point, and use it
on other project, I mean other authorized projects, not other
unauthorized projects. I think that can be done, I was listening
with much interest to Mrs. Range, the situation on Martin Luther
King Blvd. and I thought perhaps that was what you wished to discuss.
I am glad to hear it isn't, generally speaking that is so.The
City Commission did not attempt to start out to get itself in
to the box it wound up in on this bond issue.
Mr. Plummer: Mr. Msy or, I object to this. Mr. Dickens,'
will ask you sir, and I tried to clarify it from the beginning,
I ask you to reply only to the questions, as proffered to you.
1/24/74
39
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i
Is it legal. and that is what you are here to answer. 1 have
a portfolio here of ether things, and t don't want you to get
yourself involved in what we should or could do. i think the
purpose, as i understood Mr. Lloyd, of your being here this
morning► is for question to be directed to you by these com-
missioners, can we legally do this, and this, and 1 would
ask you sir to refrain, or to restrict your questions to
those answers.
Mr. Dickens: I'll do that Mr. Plummer, it is a very good
way to proceed.
Mayor Ferre: Are there any further questions. As I under-
stand what you are saying, is, legally,----legally,----the
City of Miami Commission is allowed in your opinion, to dis-
pose of that 71/2 million dollars, previously earmarked for
the purchase of the so called Ball Point property, from the
St. Joe Paper Company, in other park projects that have been
discussed and were a part of the bond issue.
Mr. Dickens: That is my opinion, Mayor Ferre, and I would
like to call attention to the first statement you made which
I think is a fundamental statement that you find'it not practical
to acquire the Bali Point property because, ----
Mayor Ferre:---that is the premise, ---
Mr. Dickens: ---the premise is that you can't do it.
Rev. Gibson: Let me ask this one, ----and J.L. maybe this
is part of what is worrying you, because we passed a motion
on another thing that I want really question here again today.
Sir, we have say, Park A, that is in existence. Park A
is in existence, been operating, ----the 71 million dollars
are available because of this circumstance, facts as they
are, but at the same time we pass the bond issue, to take
care of the 71/2 million dollars, we had park A,B.C, and D
also involved or made provisions for. ,Now, are you telling
me, this is what I want you to answer precisely, that I cannot
take that 71 million dollars and use in previously, owned,
operated parks, but I can take it and put it in Park A,B, which
was in the package when I went to the voters and asked the voters
to vote 71 million dollars. Let me put it the other way, we now
have more parks for instance, or more precisely Wyndwood Park,
we have that, that ls ours, we operate it, --can I take that 71
million and make additions and improvements on Wyndwood Park?
Mayor Ferre: Before you answer it let me explain to you
Mr. Dickens, so you understand, Wyndwood Park was part of the
bond issue, okay, specifically spelled out, so what he is saying
is,could we transfer all or part of the 7h million dollars to
eke improvements or further improvements of Wyndwood Park.
Mr. Plummer: Mr. Mayor I don't read Mr. Dickens' letter
that way sir, and
Mrs. Gordon: I don't read it that way either.
Mayor Ferre: That is why Father Gibson is asking him.
What is your answer.
Mr. Dickens: Let me say this, I don't know where Wyndwood
Park is, but 1 have some items in this bond issue that are as
little as $50,000. and my remarks are aimed at this situation.
40 1/24/74
1 do not believe that you can take a $50.000. park. that you
estimated cost $50,000. and take 711 million dollars and spend
it on it instead. 1 think what you can do is take a park which
you have planned to build and if you now desire to expand that
to some reasonable faction which was not foreseeable at the
time you authorized these bonds, then I think you can do that.
1 don't think you can spend 71/2 million dollars on a $50,000.
park.
Mayor Ferre: Let's be specific now. Let's say Wyndwood
Park -has $150,000, or $100,000. earmarked in the bond issue.
Could we go and take from that 71/2 million dollars another
hundred thousand dollars to further improve Wyndwood Park.
Mr. Dickens: Mayor Ferre that would appear to be within
th e realm of possibility that you can do that, because this
is not disproportionate to the original plan.
Mayor Ferre: What you are saying is that what we couldn't
do is go and spend 7 million dollars at Wyndwood Park, is that
right?
Mr. Dickens: That is my opinion.
Mayor Ferre: That is unreasonable okay, ---
Rev. Gibson: But we could add, let's say, in the bond
issue we had $50,000. designated, you are saying another
fifty is not unreasonable and the Court would agree that
that is a reasonable posture.
Mr. Dickens: That is my opinion that the Courts would agree.
Rev. Gibson: I understand that is your opinion,
Mr. Plummer: Mr. Dickens are you aware sir, of the suit
entered by Grapeland Heights Civic Assoc.
Mr. Dickens: In the present bonds, ---yes I am aware.
Mr. Plummer: Are you aware of the concluding remarks
by the Judge of the Supreme Court?
Mr. Dickens: I am aware of that and when I went out
beyond what you were telling me a while ago I shouldn't
go beyond, I was fixing to allude to that. The history
of this case is very significant, and difficult to look
at a case unless you look at the history of it and I am
thinking of the Grapeland Heights litigation .
Mr. Plummer: What I am trying to bring to your attention
is that the Judge said if there was any deviation from what
was listed in the brochure, that it could re- open this case
in the courts.
Mr. Dickens: Let's remember how many judges said that
one. There are many judges that said you could build your
parks, so one judge said that and he is a very respected,
able judge, but that was not the controlling opinion. The
controlling opinion was that you could go ahead and build
your park but you may not take this money and spend it on
airports or astradomes, tsarinas or other things unrelated
to parks .
41
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•
Mr. Plummer: I In referring in your letter, page 0
under your answers of question No. 3, and I am playing on
semantics, and I'll admit it, okay, as X recall the brochure
that was put out for this bond issue to the voters, this
money was designated for acquisition for purposes only. I
read here your opinion that these funds can be relocated
for the purpose of making additiona to or extensions . I
isould read that to believe that if these funds were used
and diverted to some other, that they must be used also
for acquisition, not improvements. Would you elaborate on
that?
Mr. Dickens: I would not agree with you in that respect
because throughout your documents and you continually use
the term acquisition and development and expansion and renovation.
I personally as a lawyer look at this cold record, and forgive
me.if I allude to the fact that I can't conceive of a lawyer
that, this City Commission could forsee the outcome of this
case when it began. The history of the case indicates you did
not forsee it.
What the Court did to you, and attempted to do to you,
was saddle with you a document here, that as a part of the
record, which I seriously doubt ever became a part of the
record. I don't think it was intended to become a part of
the reoord. I do not believe anybody could take this 14 page
document and construe it to be a contract between the City of
Miami and the people of Miami to do exactly what it said in
this document.
Mr. Plummer: I say you are wrong, because we get out
of the legality of a contract into what is known as keeping
the faith with the people. That is the point I am going to
go into in great deal.
Mayor Ferre: We have a divergence of opinion between two
learned counselors and I think at this point, there is no use
pursuing this any further at this point.
Mr. Plummer: Mr. Mayor, there is no use pursuing, ---he
has answered the questions from a legal standpoint. Mr. Mayor
I will tell you and the rest of the Commission, that I am gathering
facts and as of today, these are the facts that I have gathered,
as it relates if this money for any purpose of this Commission,
has any idea of spending this money elsewhere.
Mayor Ferre; I understand your position Mr. Plummer.
Mrs. Gordon: Mr. Plummer, is your position that this
money cannot be spent anywhere else?
Mr. Plummer: Let's say my position is that we made a
good faith contract with the people, and I intend to live up
to that good faith.
Mrs. Gordon: Let me say Mr. Plummer, that I believe the
money was earmarked for this location,and this is the only
location the money should be used at, ---if that is your position
then we are in agreement. Is that your position too?
Mr. Plummer: Under one of the few times we are in agreement.
Mrs. Gordon: I would like to say at this time, and I had
hoped not to have to say it, but since bond counsel is here,---
42 1/24/74
•
Mayor Ferret Mra. Gordon, I will not recognize any motion
at this brae, -may
Mrs. Gorden: I am not moving anything, ----
Mayor Ferret I want to make sure we understand that the
only thing we are doing here, because we have a lot of people
*sitting, is giving you the opportunity to ask Mr. Ben Dickens
some questions, and I will rule anybody out of order who
deviated from that point. If you have some questions, go ahead
and ask him, if you want to make a statement other than asking
a question, then I will recognize you later on at the appropriate
time after we finish with all the people waiting.
Mrs. Gordon: Mr. Mayor, the matter I have to discuss is
relating to Ball Point, if you prefer I bring this up later
today I will be glad to bring it up later today, but it is
a very substantial matter, and may change the complexion of
the decision of this entire Commission, ail I will wait till
later if that is your preference.
Mayor Ferre: I would like to limit this to questions
of Mr. Dickens at this time.
Mr Dickens: Mr. Mayor may I say something in closing,
I think my position here is to, ---within the realm of the law,
to help you do what you want to as a Commission with reference
to discription of these parks. I must say that not all of these
parks are described, some are just asquisition of small parks
in a certain area. So that couldn't possibly be a location,
when you say in Downtown Miami,
Mayor Ferre: We understand,
Mr. Dickens:----craation of up to 6 small parks within
an interior one. It is not very well described.
Mr. Plummer: That was the intention of Grapeland Heights.
Mayor Ferre: Mr. Dickens, I'll tell you, this is a very
important matter, and I don't know what will happen now, or
later on with Mrs. Gordon's motion, and I don't even know
what the motion is going to be. I think Mr. Lloyd, that this
has substantial impact on our deliberations and I want to
get the will of this Commission, established, whether it con-
airrs with Mr.Plummer or not. I happen to disagree and I think
it is very important, that we do spend some of these monies
in the ghetto areas, and in the other parts of Miami. There
is a difference in philosophy on this and i think we have
to establish the will of this Commission and I would like to
do it Mr. Plummer, and Mrs. Gordon if it is all right with you
beyond your motion.
Mrs. Gordon: Mr. Mayor I would say if you wait until
later when I bring the facts to your attention, that you
might not want to move the way you are moving now. If you
wait I would appreciate it.
Mayor Ferre: We won't make any determinations but Mr.
Dickens I might say, I don't know what is going to happen.
43 1/24/74
t don't know what tire. Cordon is going to bring out, but if
we continue with this posture, of not spending that money for
the purchase of so called Bali point, then 1 want to cross
the bridge as to whether or not we are going to use that
money for something else, yes, or no by the next meeting,
if that is all right with all of you.
Mr. Plummer: Fine.
Mayor Ferre: Okay. So if you will schedule and then
I would recommend Mr. Dickens, that you prepare your legal
opinion, and research it further, beyond this letter, and
document it to Mr. Lloyd and I would like to have copies
of that before we meet. If that is possible ---if it isn't
possible, then I want you to let us know quickly.
Mr. Dickens: Before I can do that Mayor, I think
I need to know what you propose to do with the excess money,
how much you intend to spend on each location,---- are they
Locations authorized, ---
Mayor Ferrel Plummer is going to say we can't spend
it anywhere, ----
Mr. Plummer: Don't you talk for Plummer.
Mayor Ferre: That is what I understood you to imply, ---
I don't know what you are going to say. I want to get this
thing straight, as to whether or not, is it true that we
can spend it legally, assuming we continue, we may not continue.
I don't know what Mrs. Gordon is going to come up with. Assuming
we continue on this course, can we spend the money, yes or no,
and I want you to document it, and send us copies of it, and
be present for those deliberations because if the answer is
yes, then we have to start defining hopefully soon,by a
series of public hearings, what we intend to spend the money
for.
Mr. Dickens: Mr. Mayor, I will certainly prepare you
a memorandum based on what I feel is the information you want
in judging from what you have said.
Mr. Plummer: Very simply, without a half hour discussion,
it is your opinion that the 7A million dollars can legally
be used for other park programs. yes or no.
Mr. Dickens: I think the finance over -runs on other
parks, I do not think it can be used to vastly change the
character of another park.
Mr.Plummer: Legally you are saying, we can if it is
the desire of this Commission to spend it in other areas.
Mr. Dickens: That is my opinion.
Mr. Plummer: Okay.
Mayor Ferre: And this is a matter by the way, even though
I recognize Commissioner Plummer that it is a coerpletely different
set of circumstances, but the County has also ruled, in their
decade of Progress, that it is within the purview of the Commission
to change within certain determinations and certain classifications
the' way these funds are going' to be used.
44
1/24/74
Mrs. cordons The County did not have a suit challenging
the validity Of the bonds.
Mayor Ferrel I prefaced it by saying it is a completely
different set of circumstances, but I am saying that they are
willing to go to public hearings on this, and then determine.
Whether or not we are allowed to do that or whether we can
is what I hope we will be able to settle, after Mrs. Gordon
has made her presentation later on after we have had time
to think about it, you had time to research it further, and
you had time to inform us of the position. We may not be
able to do that by the 6 of February, in which case it will
be the 28 of February, okay.
Thank you very much.
I apologize to all of
have been waiting patiently
one other item which I hope
Mr. Redford how long do you
you ladies and gentlemen that
for these presentations. We have
will ----we can do very quickly.
need to make your point?
34. PERSONAL APPEARANCE• - MR.• REDFORD, RE.:, COMPLAINT OF. MnVIE
MAKING COMPANIES. OPERATING. IN• RESIDENTIAL. AREAS
Mr. Redford: On October 30th a vice policeman from the
City of Miami asked to use my telephone, an Officer Wood, he
was in plain clothes. He told me that he had just made an
arrest for lewd and lacivious conduct open to public view,
of a movie company next door to me at 3980 Wood Ave. My
address is 3975 Little Avenue, the discrepancy in avenues
is just because the craziness of the subdivision. This
subdivision is a private road, and in the center is a, ----
opposite my house is about a h acre park which is privately
owned or commonly held by all members of the subdivision.
A week ago last Wednesday, around noon time there appeared
at my door a Sgt. of the Miami Police, in a Miami Police
case, with him was a member of the Firm of United Artists,
they were coming around on a• public relations tour, they
said to see the neighbors and insure them that everything
was going to be all right, that they were going to make
a movie here, and it was going to be the life of Lenny Bruce,
and it was going to be a Dustin Hoffman in charge. They said
at that time they had a permit, and it had been granted b y the
City of Miami, I told them there was a charge and I was presently
under subpoena the next day to appear at this trial of these
people who had been arrested, on this charge of lewd and lacivious
conduct. They held off seeing any other neighbors. The next day
I want to the trial, they were convicted by a State's Atty
by the name of Ungerlighter, and a woman State's Atty by the
name of Garalnick, I believe. They were found guilty on 5 counts
of lewd and lacivious movies, in full public view. The point
was in check ing this, I find this new movie company is coming
in, and incidentally after the conviction, on that Saturday after-
wards, the same Sgt. in the same Miami Police car, is making
and seeing other neighbors and assuring them they are going to
have a police car down there to protect the neighbors from I
don't know what, during all the filming of this thing. The
phone company started to load up, as of Monday. The point is
this, in talking to the Asst. City Manager Mr. Crouch, in
talking to Asst. City Atty i think his name is Anderson, I am
not sure. I was told that there was absolutely no protections
to be given, that the permit had designated, an R-1 lot as a
45 1/24/74
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•
site for this movie, and there was no law that could protect
ua. that it was perfectly legal to do so. t say this entails
this, gentlemen, the question one, of course, is why a City
of Miami Sgt. is going around on a public relations tour
taking two days, seeing the neighbors to persuade us, to
allow this movie.
Mayor Ferre: Let's see what the Manager has to say.
then you can take it from there.
Mr. Andrews: I will look into the situation, the Police
Sgt. in the use of a City car. I have to agree that is improper.
I don't understand it, I understand that Police Officers in
these instances are hire as off -duty officers, but when they
are so employed they are certainly not entitled to use a City
vehicle, so I will look into that.
With reference to the film people, being permitted
to film in the City of Miami, the City of Miami had an
ordinance at one time which provided a fee structure whenever
a film company used the public rights -of -way or used City of
Miami property. The Ordinance lived for about 6 months or so
and then the City Commission adopted another ordinance which
did away with the original controls. In the original ordinance
we set up administrative procedures to grant film companies a
permit to use the public rights -of -way and City property only
after we had gone through a process of screening them and
making sure they were properly licensed, had carried insurance,
because they were using public property, and public rights -of -way,
although the ordinance was struck down, we continue, with the permit
without any fees attached to it, as a matter of control, because
private enterprise was using public rights -of -way in a way that
they normally would not be used, and that is carrying on commerce.
When the permit came before us , a review was conducted, through
the Publicity Dept.as to the suitability of this film as far
as the public rights=of-way, and City property might be involved
and the permit was issued on that basis,noting such places where
such filming was to take place. It is never the City's intention
to try► to control filming on private property, as such. That
is a private matter between the property owner and such firm
conducting its activities.
In this instance a permit was issued and I'll answer
any questions the Commission might have. There is a problem
Mr. Mayor and members of the Commission in that, and I am
not going to speak for Mr. Redford, he can do that himself,
but to crystalize this for my point of view., the question
arises, does a commercial firm, such as a film company, have
the right to come into a residential area and conduct a commercial
operation?
Mr. Redford: For example, this permit was issued and I
realize there is no venality on the part of the City employees,
but this was issued on one hand, while on the other the City
has made an arrest for lewd and lacivious conduct. The clean
movies are out numbered by the pornographic movies that have
been taken on this location. I submit to you gentlemen, if I
came in here and called myself Prudential Films, I could make
anything down there, because you don't have any kind of script
review. These film companies 4ome in here, seeking a permit
are not going to call themselves Prurient Films or Genitilia
Unlimited,
Mayor Ferre: Mr. Redford let me answer that for a moment
now, these people who making this movie Lenny, United Artists,
46
1/24/74
came down and they wanted, they came and spoke to me, and
they wanted me to read the script. I told them 1 was not
vie produoer, 1 know nothing about this, 1 don't have
time to read the script, but it is my understanding that
it was given to the City of Miami Publicity Dept. and 1
called Mr. Lew Price personally and said, Lew I want you
to be sure that this movie has nothing that is going to
embarrass this community in any way. I am not going out
and pass judgement as to what is or isn't moral, but I
want to make sure that it is good type of movie that is
not ir, annaVndanger the reputation of the City of Miami
or this community. I was assured that even though it is
a "modern" type movie, whatever that means, there are
no pornographig,or there are no lacivious or lewd or so-
called immoral scenes. I said what is this Lenny thing
all about? I don't even know who Lenny was, but evidently
it was Lenny Bruce, was an alcoholic at one time, and
evidently had a lot of personal problems, and it is one
of these Dustin Hoffman things, of a personal tragedy of
a man.
Mr. Redford: May I point out one thing. Once before
as a matter of fact, I will say, except for the fact that
when you have a lot of small children around there when
they are making pornographic movies, the legitimate movies
are the worst, because when they came down there with
the Sinatra movie, here you have a half acre, privately
owned park, and this I don't know, was permitted by the
City of Miami but when I called the Police they said they
could do nothing about it, they put up a circus tent, they
brought in kitchen wagons, they had 6 Greyhound buses, they
had generating trucks, they had big vans and parked them
in there. They knocked down walls, granted, they paid for
them, but the point is they were either given permits or
they got the sufferance of the City of Miami to do this.
This is private roads, private park, private property.
Mayor Pierre: The thing I don't understand, why do
they always choose Ye Little Wood to make all these pictures?
Mr. Redford: Because this Mr. has built a
very strange studio, very high, it is ideal for movie making,
the roof itself is made out of 6 laminated beams, 67 ft. long
and this big,
Mrs. Gordon: Mr. Mayor I think it is high time that we
start putting commercial activities in commercial areas, then
if they want to construct a similar kind of a building in a
commercial area for the reasons being they want to rent it
out to movie studios, fine, that is proper, but here in a
residential area in a very quiet neighborhood, I think it
is an imposition on the privacy of the people who have bought
homes to live in, to permit this kind of thing, even if temporary,
they are temporary nuisances, and I don't think anybody has to
live with it on a temporary or permanent basis, and I think
we ought to ask our department, to draft an amendment to the
ordinance, and prepare it for us for our next meeting, outlawing
any commercial activities of this type in a residential area
Mr. Andrews: I am sure Mr. Redford appreciates that almost
all of the communities in the Dade County area do not have any
permit requirements and have really no controls. The City of
Miami had at least tried to control this in some effort, has
been put into policing that area so that an application has to
47
1/24/74
•
by filled out, and we tried to screen the scripts etc.
Ws go beyond what Might normally be expected to protect the
public. What was now being suggested is a refineruent, and will
*eiet us further, but 1 assure you that we are trying to do
Our part, and if inadvertently a permit was issued, for the
rights -of -way and public places, not private property, that
this situation has been created, 1 don't know, _------i-
Mrs. Gordon: I would like to move that our Law Dept.
draft an ordinance amendment outlawing the temporary or
permanent use of any commercial activity of this nature
in a residential area.
Mayor Ferre: By this nature, you mean movie making?
Mrs. Gordon: Movie making or any other temporary kinds
of permits that have been, lets say a practice of the adminis-
tration to grant permits for. I don't know if there is any
other commercial type of activities that could receive a permit
on a temporary basis, but I believe that all commercial activities
should be outlawed from the residential area, which are subject
to disrupting a neighborhood in same manner that a movie studio
does.
Mayor Ferre: The first part I see, but now you are getting
into areas that we may not be conscious of, for example, I cal
think of Carrolton School, in the neighborhood, all right? ----
now they put on a fair, they sell things, paintings and clothes,
and bottles,
Mrs. Gordon: I restrict the amendment to the use of movie
studios in residential areas.
Mr. Plummer: ----for profit making companies,
Mrs. Gordon: I think we need to consider the privacy
of the neighborhood whetheg it is profit making or not, --
it is not really a material factor. They may lose money in
making this, and who knows, I don't really care if they make
or lose money, I think the disturbance is still there.
Mayor Ferre: Suppose the Audubon Society wants to take
a, wants to cooperate with someone, in making a film
of the fauna in the Brickell Hammock area.
Mrs. Gordon: Mr. Mayor it is very possible for our
Planning Department together with our Law Dept. to devise
the proper controls. I believe in certain circumstances,with
the agreement of the neighborhood, perhaps the signatures of
the neighborhood within a certain radius, that controls could
be set up in that manner. for other active,
Mayor Ferre: I think the intent is clear, and I think
you are going to have to be flexible enough, Mr. Lloyd, if
I read this right. There is a permissible way for a non-profit
type of scientific or other type of organization to go into
a residential neighborhood prividing there is a certain procedure
of public hearings, etc. You have to think that through a little
bit.
Mrs. Gordon: Let them figure it out.
Mr. Plumper: A point of clarification,
Mayor Ferre: I recognized Father Gibson first,
Rev, Gibson s Mr. Mayor, t hope we don't want to throw
out the baby with the bath water. Wouldn't it be better
if we, -mot just don't see how you are going say, we aren't
going to have thus, and then later on, some charitable outfit
cornea in and says t want to do this. Don't you already have
discretionary powers, don't you have the power to say yes
and no, isn't that true? If we had that power, can't we
now deal with what we have with the power, on a time basis,
if a person comes in and asks that this be done, you give
him three days, five days or some such, and if you write
an ordinance you are then going to tell everybody no.
Mrs. Gordon: No, they can set up controls that would
be applicable to public hearings with Commission approval,
let them draft it according to what is feasible.
Mr. Lloyd: We could have a hearing before the Zoning
Board or something of that nature, if you want it.
Mayor Ferre: Weaan hour behind on all this,
Mrs. Gordon: To reiterate the motion, to be brief,
prepare an amendment to the ordinance, to control the
situation that has arisen here today.
Mr. Plummer: What happens between now and the drafting
of the ordinance.
Mayor Ferre: Nothing.
Mr. Plummer: They can keep on making the movies.
Mayor Ferre: Flow else are you going to stop them
unless you want to make that motion to stop the filming
of Lenny specifically within any residential area.
Mr. Plummer: 1 disagree with you, you do have control.
Mayor Ferre: Mr. Lloyd how do we stop therm?
Mr. Lloyd: The way we could stop it if necessary, would
beawhether or not it is creating a nuisance, and then we file
for injunction.
Mr. Plummer:Fine, file for it.
Mr. Lloyd: Or the people themselves, who are being
disturbed by this nuisance.
Mrs. Gordon: We have two steps to take if i see it.
We need to amend the ordinance, and the second thing stop
the present production if we can.
Mr. Lloyd: Ye Little Woods are private roads.
Mayor Ferre: Why don't you file a notion, as a private
citizen, into the Court, file an injunction.
Mr. Redford: Our objection is, we by the fact that
we have R-1 zoning, assume certain protections by the City
because the designation is made by the City.
Rev. Gibson: Why doesn't the City take the initiative?
Mayor Ferre: I agree with him and you. We have a motion
49 1/24/74
On the floor, IS there a second,
Mr. PlUMMert I second it,
r
Thereupon the following motion was introduced by
Mrs. Gordon who moved its adoptions
A MOTION INSTRUCTING THE CITY ATTORNEY
TO PREPARE AND SUBMIT TO THE COMMISSION
FOR ITS CONSIDERATION A PROPOSED ORDINANCE
WEMCHWOULD OUTLAW TEMPORARY OR PERMANENT
COMMERCIAL ACTIVITY, AND ESPECIALLY MOVIE
MAKING. IN RESIDENTIAL AREAS
Upon being seconded by Mr. Plummer, the motion was
passed and adopted by the following vote - AYES: Mrs. Gordon,
Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: None.
Rev. Gibson: I move the City take the initiative, ----
Mrs. Gordon: Second, ----
Mayor Ferre:----on an injunction in Court to stop the
filming of this particular picture in a residential neighbor
hood. Is that right?
Mr. Plummer: You can't do that Mr. Mayor,
Mr. Lloyd: This is private property, the citizens can
do it, is what I am saying,
Mayor Ferre: But Mr. Lloyd what he is saying is, that
they assume that the City has the responsibility to protect
the citizens, and that is an R-1 area, ---
Rev. Gibson: If we pass a law, and a man is in violation
of the law, what happens?
Mr. Lloyd: We then prosecute him for a violation of
the law, but we don't have a violation at this point.
Mr. Plummer: You do, you do have a violation. I don't
know why I have to teach you people to play games, you are
masters, ---let's get at it this way,those street, that park
is private property, correct?
Mr. Lloyd: Yes, that is what I am told.
Mr. Plummer: If somebody trespasses on that property
it is against the law, correct?
road.
Mayor Ferre: Ybu are not going to get anywhere on that
Mr. Lloyd: That is known as a tort which is a civil wrong.
Mayor Ferre: That is not the road I want to go down. The
property owners are the ones that have to go to court.
Mr. Lloyd: There is one way I would like to research,
now'this is an R-1 residential area, we may come up with
the proposition that this is a prohibited use in an R-1 area,
And in that reOpeet, then jf Ime find that ouf opinion
its that, then we can move ahead in that general area.
Mayor Ferre: The chair is going to rule as follows,
eaaue your 5 minutes has become 23 minutes, the Chair is
going to rule this way, you go research, you get some
attorneys researching that, if you want Mr. Redford, you
come back again today, by that time he will have it researched
and we will take it up at that time and maybe pass a resolution
if we can.
Mrs. Gordon: I remove my second to Father Gibson's motion
at this time.
Rev. Gibson: I withdrew, ----
Mayor Ferre: We will take it up this afternoon.
35. MUSjCK PRESENTATION' SENNU& CITIZENS—, S•ai. & COCONUT GROVE
Q1R Qf THE AMERICAN, FEDERATION. OF, SENIOR CITIZENS
Mayor Ferre: I apologize again for the 1 hour delay, and
at this time I want to recognize the Senior Citizens, the
American Federation of Senior Citizens, of the Coconut Grove
Chapter and I know that many of you are tired, so we apologize
for making you wait.
A delegation from the Coconut Grove Chapter of Senior
Citizens presented a musical program.
•
36. PROCLAMATIONS. PLAQUES; • CERTIFICATES, OFE APPRECIAJION AND
CONDOLENCES
Mayor Ferre read proclamationsto the following:
Norman Bruce Brown Post #174, Jewish War Veterans of
U.S. and Florida, Pioneer J.W.V. Post, declaring week of
February 7, 1974 as Jewish War Veterans Week in Miami
Declaring the month of February "FIGHT LITTER MONTH"
in the City of Miami.
Condolences to family of the late Mrs. Frances D. Gordon,
widow of Circuit Court nudge Fritz.Gordon
Commending Juan Menduina for heroism and valor while
saving the lives of three children
A Senior Citizens group from Belafonte Tacolcy Center
presented key chains to the Mayor and Commissioners.
A delegation from the Coconut Grove Chapter of
Senior Citizens again appeared to complete the musical
presentation which was interrupted earlier.
A Plaque was presented to Mary Maley upon retirement
after 23 years of service with the City of Miami.
The commission recessed at 1:10 P.M and reconvened
at 2:40 o'clock P.M.
51.
1/24/74
37 �t: ' ; , ALAN. ROTHS IN. : PROPOSALS PENDING BEFORE
�.� $ 1) _ -CT ..DIP AL ETC...
Mayor Perre: The Chair will recognize you Mr. Rothstein.
Mr. Rothstein: Mr. Mayor 1 appreciate your kindness in this few
minutes that I'm going to take. I'm here to call t:, the attention
of the Commission a matter of vital interest to the City taxpayers
and to the City Commission which would require a public hearing by
the County Commission.
In today's newspaper there's a report tf a Committee report on solid
waste disposal bids given to Dade County. Some 17 bids were made.
I happen today to be wearing 2 hats. One is a taxpayer myself, and
secondly as the attorney for the company was the bidder. The low
bidder ti the tune of saving the taxpayers cf Dade County $7,000,000
a year. Saving the taxpayers of the City of Miami $2,000,000 a year.
Saving the taxpayers a capital investment of some $40,000,000. Now
for some reason, which I suppose the report will ultimately get tc
you to be explained in detail. The County Manager is going tc recom-
mend that all bids be thrown out.
This is certainly something that the County Commission can consider,
but for some reason unbeknowns to me it apparently is going tc be at-
tempted to be done by the County Manager without a full public hear-
ing on the basic issues, and the basic issues are, are we going tr
destroy our natural resources by burning them into the skies of Dade
County or are we going recycle them, as my company is, and save them
thereby saving the drain on our natural resources, and are we going
to do it for a saving of $7,000,000 a year to the taxpayer, or are
we going to spend an awful lot c:f money so that we can burn fuel,
and all I would like to suggest to the Commission since the stake
of our taxpayers in the City of Miami is some 2 million a year and
25 percent of 40 million or 10 million capital investment that this
Commission would show the interest to suggest to the County Com-
mission that they require a full public hearing on these issues of
the costs of the bids, of the bids submitted, on the philosophy of
destroying natural resources, as opposed to recycling it, on the
philosophy Of saving 7 million dcllars a year, as opposed to spending
it. And all I simply wish to do because our taxpayers have a great
stake is to ask you to simply go on record that a public hearing be
given full hearing t_f all these issues rather than a mere formality
of throwing out bids, and secondly you ask your City Manager whose
staff has been involved to some extent tc, get into it a little bit more
deeply and thereby, be in a better position to advise you, because
the City of Miami has 1/3 of all that solid waste the County prop.ses
to dispose of.
Mayor Ferre: All right, Mr. Andrews:
Mr. Andrews, City Manager: I would like to address myself tc the
2nd part of the question. The first part I believe is a policy area
of the City Commission. However, the City of Miami and its staff
from the administrative point of view have been much involved in the
total process of the proposals that we received to the extent that
the 6 proposals that seem most appropriate best for the Community.
A program was set up to visit each one of the sites where similar
facilities had been constructed. Two of our staff Mr. Cliff Hays,
Deputy City Manager, and Mr. Johns, Director of the Department of
Sanitation accompanied the study group from Metro by invitation
have participated in our plans and review of the proposals and they
52
-1
almost have don ►ct on a daily bases with m. if there is some
.new information that has been developed since of yesterday, undoubted
welt receive it today dr t+t orrow and be in a position to evaluate
it. tut lwant to assure the Commission that we are playing a vital
role and orysalmost on a day to day basis.
Mayor rerres Well in that case Mr. Andrews do you concur with the
statements made by Mr. Rothstein or are you aware as I don't know
anything about it. I didn't even teed that article in the paper
this morning, but is there a move on ----
Mr. Andrews: The last information I had was as of yesterday morning
while I.was at the Courthouse I was informed that the proposals had
been narrowed down to two possible proposers. I do not have this
latest information as it has not been transmitted to me formally in
any way.
the
Mayor Ferre: Well I'll tell you, and this is just expressing a
personal opinion. I think this process has been going on for
several years because I remember reading a City of Miami study where
we spent some money study this problem, and there were conclusions
and all that, and the County has done the same thing. That type
of a solution is long overdue, and I certainly would hate to see
a process where this thing would be extended over for another 6
months when we've studied this for such a long time. I don't really
care and I'm in no way inferring whether Mr. Rothstein's client or
any of the other, ---is your client a finalist in this, is this what, ---
Mr. Rothstein: I believe so; they visited our process plant in
Saint Paul. The only I'm asking for is a public hearing to get
the facts out.
Mayor Ferre: All right, anybody want to discuss this or ask any
questions before I recognize Mr. Reboso for the purposes of making
a resolution.
Rev. Gibson: I just want to tell you, you are indeed fortunate I'm
not asking any questions today.
Mr. Rothstein: I'm afraid that.if I were to half to worry about
your non going to college questions I'd be in big trouble.
Mr. Reboso: I read the article in the paper this morning and I think
we should request to the County Commission tc• have a full public
hearing on the matter of solid waste disposal with full disclosure
to the public cf the details of the bids submitted, and of the issues
of recycling the natural resources as they say in the paper; such as
paper vs burning it, and that will be the first resolution. I have
another resolution after that one.
Mayor Ferre: Let me understand this. What you're saying is you're
offering a resoulition that you think that this matter should be
aired in public.
Mr.. Reboso: Right.
Rev. Gibson: Mr. Mayor, there's no question I think we all ought
to knqw what the facts are, and we ought ti go intt this thing with
our eyes wide open, and I'll be delighted tu sec.,nd the motion.'
ir>
Mr. Plummer: Mr. Mayor also keepingemind that this City,I'm sure
Paul,if I'm not mistaken, like everything else with Metropolitan Dade
County that this is going tu be paying 21 percent or 21 cents of
every tax dollar that goes into that facility is going to be nur
dollar.
543 JAN 241974
Mr. Rothateint Actually it will be More because the garbage dis-
posal p►urpoeed is one third of the total purposed garbage tf the
City of Miami.
Mayor Ferrel Now that we have a motion , we have a vitsl.intereat.
All right we have a motion and a second: is there any further dis-
cussion on this? All right call the roll please.
Mr. Southern, City Clerk: Mr. City Attcrney is this going to be a
motion just to direct you to prepare a resolution or, --
Mayor Ferre: Yes, that's the only way it can be right now.
Mr. Lloyd, City Attorney: Then we'll prepare the resolution and
it might be appropriate for us to put in the resolution or is it a
matter of form. Will you direct it to the appropriate officials of
the County.
Mr. Southern: I would automatically 0;: that.
Mayor Ferre: Call the roll please - AYES: Messers. Plummer, Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None
Mr. Reboso: Mayor, the second resolution should be to direct that
the City Manager to review in depth all the bids submitted and meet
with any of the bidders who want to explain their bids.
Mayor. Ferre: Now wait a minute.
Mr. Rothstein: I think in the light of what Paul just said there
right un top of that anyway; It's unnecessary.
The motion above was titled as follows.
Mr. Plummer:
are going to
before these
not going to
let, are we?
MOTION
MOTION INSTRUCTION THE CITY ATTORNEY TO
PREPARE AND SUBMIT TO THE COMMISSION LATER
DURING THE MEETING FOR ADOPTION A RESOLU-
TION REQUESTING THE COUNTY COMMISSION TO
HAVE A FULL PUBLIC HEARING ON THE MATTER OF
SOLID WASTE DISPOSAL, WITH FULL DISCLOSURE
TO THE PUBLIC OF THE DETAILS OF THE BIDS SUB-
MITTED, AND OF THE ISSUES OF RECYCLING THE
NATURAL RESOURCES SUCH AS PAPER, VERSUS
BURING IT.
Paul, do you feel as a matter of courtesy that they
inform you as well as us, as well as the public, that
tax dollars are allocated ft)r this facility, we're
wake up one morning and the bids are not going to be
Mr. Andress: No sir. I can assure you of one thing and that is
that our representation with this group in analysing these bids, and
I'm sure the County is going to do the same thing that we're going
to-do, that is I'm going to keep you fully informed as to what is
being proposed and why the selection was made so that you have this
information prior to any bid letting.
Mayor Ferre: Do we need a resolution then?
Mr. Andrews: I was planning try do that. You really don't need one
but if you oh** to paaa . - -
Mr. Plummer: I just want it to go on the record Paul, that I'M
going to hold you personally responsible or your designate, that we
don't.conse in here some Morning and having people screaming at us
that we weren't on top of this situation. So we'll hold you re-
sponsible to keep us informed on a per event basis to let us know
what's going on.
Rev Gibson: Mr. Mayor, I would feel more confortable if a resolu-
tion or a motion was made, then the Manager knows we mean business.
Mayor Ferre: There's a motion by Commissioner Reboso. Is there
a second.
Rev. Gibson: I'm seconding it.
Mayor Ferre: There's a second. Any further discussion on this
item?
The above motion was introduced by Mr. Reboso , seconded by
Rev. Gibson, was passed and adopted by the following vote -
AYES: Messrs. Reboso, Rev. Gibson, Mrs. Gordon, Plummer and Mayor
Ferre. NOES: None
N. _ .PUBLIC HEARING. -.9ROPDSED, TAXICAB, RATE, INCREASES_
The Mayor announced that the Comsission was ready to proceed
with an advertised public hearing to consider a proposed rate in-
creade for taxicabs licensed to operate in the City of Miami; the
ctiestion of "deadheading", licensing procedures, and the effects
of these matters on other portions of the community.
Attorney John R. Barrett appeared and made the following
statement:
I represent the South Florida Taxicab Association. Our mem-
bership represents approximately 80% of all taxicabs in Dade,
Broward and Monroe Counties. In the City of Miami I represent
Yellow Cab System of Miami, Miami Cab Association, Magic City
Harlem Cab System, Society Cabs, University Cabs, Aircraft Taxi,
and the Zilber Taxicab Service. I am speaking before this Com-
mission on behalf of 350 of the 432 permits in the City of Miami.
The City Manager has prepared a memorandum to each of you dated
January 18, 1974, in which he has set forth the purposes of this
hearing, and I presume his report is before you. The present
rate structure in Miami is 50 cents for the first sixth mile; 10
cents for each additional one -sixth mile, and six dollars per
waiting hour. We are requesting an increase to 60 cents for the
first one -seventh mile and 20 cents for each two -sevenths mile
thereafter. Waiting time would be increased to 20 cents for the
first 45 seconds, and 20 cents for each 90 seconds thereafter.
Now I know you are pressed for time, and I am not going to engage
in oratory. Rather, what I'd like to do .is simply present for
your consideration some hard, economic facts relating to this
industry, which show an enormous increase in our operating costs.
To this end we have prepared a package of exhibits (distributed
to Commissioners) Now, we prefer to think that this package of
exhibits, which has now been distributed to you, will confirm the
enormous increases to which our industry has been exposed. What
I'd like to do is simply go through them one at a time with you and
draw certain conclusions from them. I refer now to the invoice
dated June 25, 1973, which is marked as Page 1 in the exhibit
package. It reflects that at that date gas was being sold to our
members at the rate of .2320 per gallon. Page 2 reflects an in-
voice dated January 8, 1974. You will note that the per gallon
charge has now increased to .29 per gallon. Page 3 is a letter
from Standard Oil Company dated January 2nd, 1974, in which there
is an additional .02 increase; so the gas now is being sold to us
at .31 per gallon. Translated, this means an increase of 33% in
7 months. Page 4 is an invoice --
Mayor Ferre: I was just saying to Father Gibson --he asked
me about the 3* increase ---I was just mentioning to him that Exxon's
profits, as stated yesterday in the press, went up 60% for the year.
Mr. Barrett: I noticed the same figures, and I think it's
kind of shocking, particularly in view of the statistic I just
read to the Commission.
Mayor Ferree This is Exxon here, isn't it?
Mr. Barrett: Yes, sir; it is. The next exhibit is indicated
on Page 4. It's an invoice from Standard Oil Company, and it re-
lates to the price of oil as of March 22, 1973. You will note
there that we1were purchasing oil at .78 per gallon. If you will
1-24-74
5b
turn to Page 5, which reflects an invoice from the same company,
dated January 15, 1974, you Will note that oil has now increased
to $1.22 per gallon. Translated again, this represents an in..
crease to our industry of 56% in 9 months. Page 6 reflects the
cost of tires. Page 6 is an invoice from the Firestone Tire and
Rubber. Company. You will note there that our cost on November
23, 1970, Was $2.71 per thousand miles for rubber, tires. Page 7
reflects an invoice from the same company dated October 10, 1973.
You will note there that the cost has increased to $3.56 cents
per thousand miles. Translated again, it represents an increase
of 35% in 3 years.
Mayor Ferre: I'll tell you, Judge, in the interest of time --
you know, I think you have made your point, and let's put this
into the record. There is no question that there has been an in-
crease in all of the basic materials that the taxicab industry has
got to purchase, and I am going to give this to the Manager for
his, and of course it will be submitted into the record also.
Mr.
comnodate
Mr.
not, when
Barrett: All right, sir; that would substantially ac-
me, and I thank you for it.
Plummer: John, I don't know whether I heard you say or
was the last time that a rate increase was approved?
Mr. Barrett: December, 1970.
Mr. Plummer; It has been over three years. Now, the Manager
sent us a memorandum, and I notice, I think it was two other cities
have already met this price increase, and there was to be a hearing
on Miami Beach yesterday, I believe.
Mr. Barrett: Miami Beach had its hearing last night and I
am pleased to report that they passed the increase. As a matter
of fact I think that I can also properly represent to this commis-
sion that we have appeared before approximately six different
City Commissions; we have not received a denial yet..
Mayor Ferre: Judge, I understand that the representative of
Metro Trade Standards is here in the audience. Would you come up
and speak into this microphone here, so we can get this into the
record quickly now, and establish ---
Mr. Dale Wissman, representing the Dade County Consumer
Protection Division, appeared before the Commission.
Mayor Ferre: Mr. Andrews, would you give him a copy of the
material that was submitted to us, and would you review that, sir.
My question to you is, does this, in substance, materially repre-
sent the type of increases that have been in effect over the past
few months in this industry.
Mr. Wissman: I would say so; yes, sir.
Mayor Ferre: All right, now is there anyone in the audience
here who objects to the evidence that has been presented here on
the increases of gasoline, oil, ,tires and other materials that are
of importance to the taxicab industry? Are there any objectors to
these facts, as presented?
1-24-74
51
•
There was no objection.
Mr. Barrett: Gentlemen, in view of the fact that the ex-
hibits seem to have been accepted by the Commission in their en-
tirety, I'd simply like to summarize by suggesting that we sin-
cerely believe that we are confronted with an emergency, and unless
this emergency is met with the increase we are requesting we cannot
proceed on a profit basis. I would also submit for your considera-
tion that, if approved, it be approved on an emergency basis.
Mayor Ferre: Are their any questions? (No response) Are
there any opponents? (No response)
Mr. Ernie Fannatto: I am president of the Taxpayers League
of Miami and Dade County. I want to make myself very clear. What
Mr. Barrett said is in line with the high cost of living and infla-
tion. I don't think it's out of line. However, I do think that
the taxicab industry should be regulated a little more firmly. I,
as president of the Taxpayers League, have had many calls of some
of these taxicab drivers taking people on tours in a round -about
manner that has increased the rate tremendously; and a lot of these
have been local people, and I think that they should be given this
increase, with the provision that they should tighten up and be
told who these people are, and I think that the Commission should
do something about it when they are found guilty.
Mayor Ferre: Now, Mr. Andrews, the question is whether in
your opinion the administration has sufficient safeguards to
guarantee that that type of a situation does not exist.
P. W. Andrews, City Manager: I believe that there are suffi-
cient safeguards. From time to time you will hear where a group
of people have made private arrangements for the use of a cab for
a gre4ter duration than the regulation, and when that occurs on a
tour basis there is a special arrangement, and while that fee may
be high, it probably --and I am speculating --it is a lot less than
the regulations required for the charging on a per mile, or per
sixth of a mile basis, as the current rate is established, and I
am satisfied that we do have proper and adequate regulations; that
we are enforcing them, and if this is a special area that Mr.
Fannatto is addressing himself to, I'd like to know more about it.
We will look into it and advise the Commission whether we need an
additional regulation.
Mayor Ferre: If you will give some specific information on
these violations that you are talking about, we will at some other
time get into this matter.
Mr. Fannatto: Might I just conclude by making a very fast
statement. I don't mean that this is a practice amongst the entire
industry,'but there are a few cab drivers which are guilty, and,I
think they should be ---
Mayor Ferre: If you get specifics on it, that's the way to
follow on it.
Mr.'Fannatto: Well give specifics when it happens again.
1-24-74
Jr3
Mr. Barrett: May I suggest to Mr. Fannatto that any time he
learns of any such situation please bring it to our Association's
attention as well. I think it also should be reported to the
Police Department for strict enforcement. We are completely on
the side of enforcement. If there are bad apples, let's get them
out.
A gentleman -identified as Mr. Blanco: Mayor, I have been
having a few meetings with you, and even with Mr. Reboso. We do
not like the taxi drivers being penalized too much, because, like
the Chief of Police can tell you, or the Sergeant who is in charge
of the Taxi Bureau, anybody can make any kind of a complaint, just
because he gets mad with the driver, and that driver is automatical-
ly called into the Police Department right away, and his license
is pulled away for two weeks. That man has to support his family
in this two weeks, and he can work no other place. Sometimes he
is a leasor, or he is an owner of that cab. It is more than two
or three hundred dollars a week that he is going to lose, and the
only.thing;that I don't believe anybody can be tried without any
hearing with any people. If you make a complaint, the person is
supposed to be there to make the complaint. We even had a case
where a man was in jail and he has been out of jail for more than
five years. The rules say that you have to be five -years clear.
It's more than five years ago. His parole was in 1969. The Chief
of Police refused to issue a license, according to Rule 56-135.1,
which says that the Chief of Police can refuse the license for
60 days, and after 60 it has to be revoked by a judge; and you
people, I believe, are not aware of what happens in the Taxi
Bureau, and we wanted to get with you people and try to get every-
thing straight. The lawyer said we have some bad apples. We'd
like to get them out.
The matter was referred to the City Manager.
Mrs. Gordon: Mr. Barrett, this is related, but not directly
with what you are requesting, but still I'd like to hear an ex-
pression from you, because the taxicab industry, in my thinking,
plays an extremely important part in the solving of the energy
crisis. Now, my question to you, from where you sit, is it possi-
ble that the taxicab industry could develop something in the way
of a two-tier cab service; one being the kind that would be more
like an auto -bus, jitney type service in a local area; also a sort
of a car pool service, for instance, where more than one passenger
could be picked up or dropped off; in a certain number of vehicles.
We understand that it could only be a percentage of your vehicles.
I also understand that they are not all under one ownership, so it
would be a matter of everybody doing their little bit to aid the
energy crisis. Do you think --and this is not predicated on the
matter of the rate increase; this is a matter of personal informa-
tion, and information for the public at large --do you think this
is a possibility?
Mr. Plummer: May I interrupt, because we got into this be-
fore. Mrs. Gordon, let me refresh your memory of what we got into,
because we discussed this before, and two weeks later, Paul, you
should remember, Dave Reynolds from the Metro Transit Authority
came running down here and said, gentlem9n, don't put anybody in
business against us.
1-24-74
Mrs. Gordon: Let me remind you that the M.T.A. is well
subsidized by our tax dollars, and what the people are entitled
to is the best possible service, and not a protection of the M.T.A.
system. Now I am asking a very legitimate question of an industry
that can help us to serve the people, and I haven't gotten an
answer, and I'd like to get it.
Mr. Plummer: Yes, but still I think the resolution of this
Commission has to be considered, and that was that overwhelmingly,
with your exceptional vote, this Commission addressed itself and
said, we will not put anybody in business against M.T.A.
Mrs. Gordon: We are not moving on a resolution, Mr. Plummer.
Would you let me get an answer to my question, please.
Mr. Plummer: The only thing I was trying to bring out ori-
ginally was, Rose, that if you go into this field of exploration
I feel in all candor that Dave Reynolds should be here, instead
of two weeks from today having him run down here.
Mrs. Gordon: I don't consider this a public hearing on this
issue. When and if it comes about, there will be one. At this
moment I want an answer to see whether it is a possibility to be
done.• I am entitled to an answer.
Mayor Ferre: The Chair is going to rule this way. Judge,
you answer as best you can, and then we are going to move on
quickly and bring this to a head and vote one way or the other.
Mr. Barrett: Madam Commissioner, presupposing appropriate
legislation through appropriate ordinance, I think that is a
distinct possibility; a two-tier operation. We would be interested
in a program under which, under certain designated fashions and
particular ways, we could, in fact, be authorized to pick up
various people, perhaps at various locations, under one overriding
fare. In direct response I think it is a distinct possibility.
Mrs. Gordon: Yes, and also on a local scale; on a neighbor-
hood grid type of autobus, such as they have in some of the South
American countries. As I recall, they have it in Lima.
Mr. Barrett: You are suggesting, if I understand you correct-
ly, that rather than use a cab singularly and solely for one pas-
senger, you could perhaps expand that so that perhaps additional
passengers could be carried.
Mrs. Gordon: Yes.
Mayor Ferre: All right; that's a matter that I would appre-
ciate your discussing, and maybe coming back at a future Commission
meeting.
Mrs. Gordon: You have to realize, Mr. Mayor, that I am going
to make a decision on one thing, and many factors come into play
when one makes decisions. This is a matter that is of deep concern
to me, and I am glad I got the answers I would like to hear, be-
cause I see that they are willing to be cooperative.
Mayor Ferret All right; any other questions?
Mrs. Gordon: Yes: As I understand it, M. Mayor, Metro is
holding hearings, and I am not so sure I know what the hearings
are involving; do you?.
Mayor Ferret Yes; there have been some memorandums that
have been published recently about the scope --there will be a
series of five public hearings; the one in the City of Miami will
be held at the Elks Club on January the 30th, if I am not mistaken,
at 8 P.M., and I would recommend that you attend.
Mrs. Gordon: I understand that, but I am asking the scope
of the hearing.
Mayor Ferre: The scope of the hearings is to try to fathom
the problem, if one exists, of multi -district and regional impact
of the various jurisdictions involved in regulating taxis, and
whether or not the community would be better off with a single
regulation, and what the conflicts are between cities. Did I ex-
press it right?
Mr. Barrett: I think that states it well. If, perhaps,
you are addressing your question, however, to the question of rate
structures, Madam Commissioner, we have a letter from John A.
Dyer, Transportation Director, ---
Mayor Ferre: Read that into the record, because that's
material to all of this.
Thereupon Mr. Barrett read an excerpt from a letter dated Jari.
15, 1974, addressed to Mr. Sigmund Zilber, President of South
Florida Taxicab Association, as follows:
In response to a specific question raised by a member of the
Association and as indicated by me at the meeting, this is to ad-
vise you that Dade County has taken no position on the proposed
fare increases that are presently being discussed by the taxicab
owners with various municipalities within Dade County. At this
point in time the County is in no position to make a determination
as to whether or not the proposed far increases are or are not
justified. Said letter was signed by John A. Dyer, Transportation
Coordinator, Metropolitan Dade County, Florida.
Mr. Barrett: (Continuing) I think that His Honor stated it
well. I think what they are now attempting to do is to determine
whether or not some type of alternate regulatory County -wide
licensing procedure should be adopted. Now we met with Dr. Dyer.
He assured us that the study carried with it no preconceived
notions whatever; that they were simply down here to determine
whether or not recommendations could be made by which or under
which there could be an overhauling County -wide of the taxicab
industry.
Mrs. Gordon: As I understand it, the rates in different muni-
cipalities are not all the same; is that correct?
Mr. Barrett: No, Ma'am.
1-24-74
Mayor Ferret You have got in your book; on the last page.
you will see five cities compared. Coral Gables is higher;
Hialeah is higher; Miami Beach is the same, and South Miami is
the same.
Mr. Plummer: Mr. Mayor, in what Mrs. Gordon is requesting,
there is a report, which is due in final at the end of March,
Rose, on the study that is being done now. They are going to
have the public hearing. Once they have concluded that and their
study a final report will be forthcoming for all the municipalities
by the end of March.
Mr. Barrett: That is the County study to which I refer.
That is correct.
Mr. Plummer: We have been presented here today with
evidence which does, in my mind, justify an increase. I don't
know of anything in this United States today that is going down
except the value of the dollar. Everything else is going up. They
have exhibited and justified and documented, I think, the necessary
prerequisites for this Commission to take action to justify their
rate increase. I always keep in the back of my mind that there is
also the one overriding factor that some people seem to forget,
and that is the general public in their spending of dollars, and I
don't think that anybody would be greatly affected, except maybe
the cab companies by virtue of the prices being too high and the
people would use other modes of transportation. My motion very
simply, Mr. Mayor, is I think the rate is justified, and I move
that we adopt the rate as proposed.
Reverend Gibson: I want to second that motion, with this
understanding. I regret that I can't get an increase of 35% as
they did. That's making it at a fast clip, you know, within nine
months.
Thereupon the following motion was introduced by Mr. Plummer,
who moved its adoption:
MOTION NO. 74-71
A MOTION INSTRUCTING THE CITY ATTORNEY
TO PREPARE AN ORDINANCE FOR ADOPTION
LATER DURING THE MEETING AS AN EMERGENCY
MEASURE PROVIDING FOR TAXICAB RATE IN-
CREASES AS SET FORTH IN REQUEST OF THE
SOUTH FLORIDA TAXICAB ASSOCIATION
Upon being seconded by Reverend Gibson the motion was passed
and adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
Mrs. Gordon, in casting her vote, made the following statement:
I am going to vote with the motion for the rate increase be-
cause of the rising cost in every item that we deal with, and we
have to face reality. I am also pleased to hear the representative
of the taxicab industry express a willingness to help serve the
public in a more diversified manner than presently being used for
taxicabs; and for this reason I am voting yes.
1-24-74
62
Mayor Ferret 1 want to apologize. I forgot to do something.
1 want to get Mr. Andrews on record here. Mr. Andrews, I forgot
to ask you for your recommendation on this.
P. W. Andrews, City Manager: It's my recommendation, based
on the prior evidence that was presented to the City Administra-
tion for evaluation by Judge Barrett, and the fact that I desig-
nated members of the Police Department, and of my personal staff,
to attend all of the meetings taking place in the various cities
in Dade County on this matter, as late as last night, to gather
information and evidence of justification for adjusting the rates,
it is my recommendation that the City Commission accept the rate
as designated in my memorandum to you, which would be 60 cents
for the first one -seventh of a mile and 20 cents for each two -
seventh of a mile thereafter.
Reverend Gibson, after _ the adoption of the motion, made
the following statement: It would appear to me, while the Asso-
ciation is here, that —I thought about doing it in another con-
text --but Mrs. Gordon raised the question, and perhaps high-
lighted it more; picked it apart. It might not be a bad thing,
now that you all heard what Mrs. Gordon said, that maybe five
or six, or three or four, companies can appoint somebody on a
committee and come back here to this Commis sion and address
themselves to the issue that Mrs. Gordon raised. What really
troubles me --and this is no reflection on Booz-Allen--now
listen to this; every time we want to right a wrong in this
city, we hire a consulting firm. Consulting firms have got to
come in and ask the people here what's wrong; what's happening?
And maybe, if some of these people in the business, to protect
your own self, and to know what we are going to do to you, maybe
you would want to serve willingly and tell us what's wrong and
how we could arrive at the solution Mrs. Gordon talked about.
Mrs. Gordon: It has to be a two-way street. I was just going
to ask you if you would appoint liaison from this Commission to
work with representatives of the industry to see how we can de-
velop something.
Mayor Ferre: All right; the Chair appoints Commissioner
Rose Gordon as the liaison.
Mrs. Gordon: Will you appoint someone else, too? It should
be two members. How about you, Father?
Mayor Ferre: I don't think so. We have got a lot of other
commissions and a lot of committees going on. We don't need
all kinds of people on it, unless somebody really has a strong
feeling. Do you really want to ---
Reverend Gibson, No.
Mrs. Gordon: I'll accept the appointment. You are not
afraid of the big M.T.A., are you, men?
Mayor Ferre: All right; Mrs. Gordon, you are a committee of
one representing this Commission, and you go ahead and have these
meetings and then come back with a report to this Commission.
Mrs. Gordon: I am sure my fellow Commissioners will have an
open mind When we come back with some good recommendations.
1-24 -74
6.3
4116-Alb
110OZ. _N.1408•.HAFJiLiON• REPORTS, _-• IfUMeg3E6tlURCES NAf1A�1,,Nt SYSTEM
6..-11.60.. ---
Mr. Andrew: Before Mr. Matlin begins, I would ask the City Comm-
ission if you would please, to follow this procedure:
The finished document as promised on the date, was completed and
transmitted to the City Commission, Civil Service Board,Bmployee
Groups and Department Heads of the City of Miami.
The purpose of Mr. Matlins presentation is to more fully inform
the City Commission in the basic principles involved in this report.
It's not anticipated that you and the members of the audience who
are interested in this subject matter would be prepared to ask the
kind of questions maybe that you would like of Mr. Matlin because
of the short time you have had this report.
Some of you in the audience may wish to ask your questions by
writing to me or Mr. Matlin and getting responses back.
I would suggest that at a future date, 2 weeks or 4 weeks away if
you wish, at another Commission Meeting that this matter be scheduled
so that everyone is prepared then to ask the questions that they
have and we can schedule this matter for a longer period of time.
Rev. Gibson: I think we would be smart and wise since we just got
an answer from the Civil Service Board to hold it in abeyance, but
I think even more important, if we can schedule a meeting to decide
what we will do about the 7 million 500,000 dollar project, we
could also schedule a meeting to talk about 3700 people who work
for the City and deal specifically with this item.
Mayor Ferre: I agree.
Rev. Gibson: And give the Civil Service Board and the Company an
opportunity to answer in our presence because let me tell you what
I think. I am not knowledgable as to Civil Service regulations.
I am not knowledgable as to structure reorganizing and if we deal
specifically, then there won't be no shilly shallying in this
business but if we do otherwise, I am sure there will be -
Mayor Ferre: I am sure the administration concurs with what Father
Gibson said about holding a special hearing on just this matter and
so without further adieu, let's hear the presentation and I might
say I have a letter addressed to me here from the Civil Service
Board dated today and signed by Robert L. Paulk Jr. Executive Secretary
advising me of the Civil Service vote on January 22 in opposition
to this implementation.
Mr. Plummer: Mr. Mayor, Mr. Mayor, in accordance with the ground rules
laid down by the City Manager, I don't think its proper for you to
introduce that letter at this time.
If we are going to have any kind of discussion at all as to how we
feel about it, lets let it all hang out.
Mayor Ferre: Right, I apologize. What I will do is give you all
copies of this. You go ahead and proceed.
Mr. matlin: We welcome the opportunity to appear before the Commission
again to essentially present another report in the progress of the
overall, assignment to work in several areas to help the Commission
and the City Manager, to strengthen the organization and management
of the City of Miami and as the City Manager pointed out, we have at
this point presented 2 reports to you. One was on the overall organ-
ization structure of the City. The other recently on the Human
Resource Management System for the City.
In order to prepare these 2 documents, we have held interviews with
all Department Directors going back as early as last June.
With the Civil Service Board Office and with 200 employees at all
levels of the city government - individual interviews.
We conducted a canvass of all employees by mail to identify the
issues important to them in the Human Resource Management area.
In formulating our findings, conclusions and recommendations, we
reviewed them informally with Commission members individually, with
employee representatives, with staff and members of the Civil Service
Board and with managers throughout the City government organization
structure.
JAN 2 41974
•
•
These were many meetings, not just one for each but time and again.
We have put together our conclusions in a final report which has
been distributed to all interested parties, to the Commission members,
Civil Service Board and Office, to employee representatives designated
by the Civil Service Board Office and to the City Manager's office.
1 want to emphasize that throughout this process, we have tried
to deal openly and objectively with the issues confronting the City
at this time in the Human Resource Management area and the issues
with which the City is going to have to deal with in the future.
There is no point in just looking to today. The world will change
and get ahead of us.
My purpose then today is to summarize the basic recommendations
we havemade in the most recent report and as background just to
remind you that it is within a structure of organization that we have
recommended in the report we presented last August, the basic elements
of which are the creation of 5 Deputy City Managers positions,
really only 3 of them new, 2, the current Fire Chief and Police Chief
positions unchanged except for the addition of a title.
And the consolidation of the other departments of the City in to 3
major: groupings: Community Improvement - Community Development -
Administrative Services.
I want to emphasize again that this was recommended to be done
over time and that you need not accept all of our recommendations
or none of them but rather they are presented as a smorgasboard where
its for;you to decide what you think it most appropriate for the City
of Miami given the realities of its condition that we perhaps had not
appreciated.
In the Human Resource Management area, we provided you with a
broad range of comment and conclusions. Specific recommendations
relating to such major issues as organization, but in addition,
suggestions, not recommendations. Suggestions, and observations in
other areas. Let me say some of the things we have not done.
We haven't enough time now to get summary actions from the employees,
and from other members of the community.
Re have NOT recommended any change in the merit based concept
of Civil Service nor we propose to recommend any such change nor do
we think any such change would be appropriate. It would be terribly
inappropriate. ,We have not recommended any change in the policy
making powers of the Civil Service Board nor have we recommended any
changes which would change the ways the employees of the City are
currently protected through Civil Service from political influence
or capricious treatment on the part of the management of the City,
should that ever happen and to the best of our understanding, we have
not recommended any changes which would require changes in the City
Charter.
We recognize and admit readily that we are not legal experts
and we look to the City's legal council for any .comments where we
may perhaps have recommended something in language that is technical
and familiar to us which appears to warrant change in the charter
and we would welcome the opportunity to discuss that to explain what
we are trying to get at, because it is not our intention to recommend
anything that would require a Charter Change.
Throughout our report, we have divided our recommendations into
2 areas. This is a terribly important distinction. On one hand is
policy and the other is procedure. This distinction between policy
and procedure must be kept in mind because it is the essential one.
We have made many recommendations for procedural changes.
Civil Service as practiced in Miami is a detailed set of
policies and procedures and practices for governing the full spectrum
of hiring, selection. classification, promotion, retention of
municipal employees in the classified service.
Miami Civil Service like its predecessors and models in public
service is based on a merit principle with candidates identified
and selected on the basis of demonstrated performance and this is
embodied in your charter. The word Merit is in there.
The Civil Service System has produced many fine and dedicated
public servants in this City over the years and it need not be
replaced or revised significantly to achieve improvement in existing
personnel management procedures. Its the way things are done.
We have identified in the report, a number of opportunities for
modifying and strengthening the system to make it less cumbersome,
more equitable, and sufficiently flexible to insure that it is
responsive to the continued attraction and retention of capable
public employees of the City.
65
JAN 2 474
As employees deliver services, without those capable employees,
the dity's ability to deliver services Mdst be impaired,
What Miami is experiencing in this area is essentially no different
than with many other local governments nationwide are dealing with.
The City of Miami is finding that it is assuming a leadership
role in providing compensation to its employees, equitable compen-
sation packages but is finding as many other municipalities and
private industries are, that employees are looking for more in the
way of compensation than just monetary compensation. We can use
fancy words like psychic compensation but what we really mean is that
you want to feel that you are doing a good job, that its recognized,
and appreciated as well as being compensated for in dollars.
Yet, things must be done to improve the psychic compensation, non -
monetary compensation of the employees and some of the things that
might be done are simple and we have gotten into them in the report.
Simple but yet contraversial.
To attract good people, the cumulative effect of the procedural
changes we have recommended is far short of a major revision in
personnel policy and we have this distinction between policy and
procedure that shouldn't be blurred.
Miami Civil Service Board and system should continue to remain
the dominant policy keystone of personnel management in city govern-
ment. The proposed changed however, should permit the City to
compete more successfully in the scarce, high calibre resources to
encourage their retention, to make them representative of the commun-
ity through a promotion system based on demonstrated performance and
achievement and overall appropriateness for advanced level positions.
We looked at personnel management in the City of Miami, we found one
dominant characteristic. It was highly fragmented with no single
identifiable source of responsibility for its overall coordination
and administration. There isn't a boss. There are lots of bosses.
Various individuals and units within the city government exercise
responsibility for the several activities which are commonly
classified as personnel services. The Civil Service Board and its
office staff oversee the Civil Service System which controls the
hiring, classification, upgrading, evaluation, termination of all
employees in municipal service. Special offices under the adminis-
trative control of the City Manager provide other vital personnel
services including labor relations, training, work safety, adminis-
tration of the Workmen's Compensation Program and city-wide medical
services.
Individual municipal departments provide certain personnel
related services to departmental employees on a de -centralized basis
with the degree of quality and services provided very substantially
from department to department.
Based on our experience in this City, based on our experience
in other cities in which we have conducted similar studies, we have
concluded that this fragmentation -of administrative control over the
personnel management function has diminished the overall quality and
effectiveness of a Human Resource Management in this City.
As a result, logically must appear the delivery of service by
the City to its citizens. Consequently our initial recommendation
is as you know from our report, to establish a new department of
Human Resource Services within prevailing Civil Service policy under
the administrative control of the City Manager but under the policy
control of the Civil Service Board and the Commission.
The new unit would provide a centralized capability of providing
and administering all city wide personnel management activities
placing it under the administrative control of the City Manager is
consistent with sound management principle and practice. It gives
the Manager direct control over the resources hr requires to carry
out his role effectively. He is the Manager. He is supposed to
manage. He is supposed to get things done. He is supposed to manage
resources, he must control them and at the same time Civil Service
safeguards against politically motivated or capricious treatment of
employees will be maintained and will be strengthened through the
more sharply focused continuing policy and quasi-judicial authority
of the Civil Service Board.
66 JAN 2 41974
• •
Consolidating all personnel management activities under the admin-
istrative control of a Department .of Human Resource Services
will require a number of modifications in the way that personnel
management function is currently organized and the way it is staffed.
Responsibility for administering, not protecting the employees, not
making policy, for administering the various aspects of the civil
service system. Recruiting: Examination, development and adminis-
tration. Examination development, not saying the examination can be
given. ,That must remain with the Civil Service Board but preparing
it for review and approval by the Chief Examiner. Placement, Service
Ratings, Classification recommendations and employee records would be
shifted from the Office of the Civil Service Board to the new
department along with some of those employees engaged in these
activities at the time of transfer.
City-wide personnel services currently provided by agencies
other than the Civil Service Board would also be shifted to the new
department and appropriate staff absorbed.
The Civil Service Board would under our recommendations retain
and increase its concentration on the fundamental policy making
review and adjudicative functions granted it under the Charter. It
would oversee all actions of the new Human Resource Services unit
and we believe play a much stronger role in serving the Commission
as policy forumuation and review body.
The current role of the Civil Service Board would be modified
accordingly to focus proper emphasis on its two most important
functions. Evaluating and formulating personnel policies, fact
finding and adjudicating disputes between city employees and management
arising out of the routine operation of the Civil Service System.
The City Manager under our recommendations would be given no
additional authority of any kind over employee disputes nor would
any of the current authority of the Civil Service Board now has be
amended in any way.
The Civil Service Board is vested by the City Charter with the
authority to oversee the Civil Service System. Up to now, the Board
has interpreted this mandate to encompass a 5-part role ranging from
promulgation of all Civil Service Rules And Regulations including
their revision for subsequent approval by the Commission.
To administration of all staff, procedures and routine office activ-
ities designed to execute those civil service policies, enforcement
of civil service provisions embodied in Ordinance 6945, the Rules
and Regulations ordinance. Adjudication of disputes between employees
and management arising out of varying interpretations and applications
of Civil Service provisions and fact finding to support the quasi
judicial decisions and to support advisory recommendations to the City
Commission. Thus in persuing its adopted role, the Board finds
itself assuming the inevitably conflicting postures of policy maker,
administrator, enforcer, Judge, Jury and impartial advisor.
This is we believe, an unfair position in which to place the
Board. One that the Board has carried out remarkably well considering
the inherent conflict of interest in a general sense. I don't mean
it in a legal sense that this implies. Allocation of Board Office
Staff resources, recognizing normal organization behavior, is
concentrated in support of the Board's administrative responsibilities.
Every organization I have ever seen tends to behave the same way. You
have routine things and policy things, then routine things tend to
get the attention.
The Civil Service Board's operations are I am afraid no different
than my own. As a result, staff support for remaining Board respon-
sibilities , its most important ones, tends to be limited.
It must be emphasized that under the Charter and by any rule of sound
public management, the Board is the sole entity authorized to carry
out certain policy and adjudicatory functions related to the Civil
Service System. Administrative housekeeping can be carried out by
a variety of entities. We propose to strengthen the Board by sharpening
it's focus as a policy making, fact finding and quasi-judicial body.
To do this we recommend that its present administrative and
housekeeping responsibilities be assigned to this new department of
Human Resource Ser*ices along with appropriate staff so that the
Board can concentrate staff resources and its own attention on
continuing fact finding review and advisory responsibilities undiluted
by any housekeeping activities.
6 JAN 2 4197
• so
our report does not recommend and I cannot emphasise this enough
because I have said it before in public meetings and yet 1 know
there are stories circulating throughout the City that say we are
going to recommend that the Civil Service System be done away with.
We do not recommend any changes in the merit based -civil
service system that would alter or diminish the basic policy of
merit based employment. If any employee or any member of the Board
of if any member of the Commission can point to such a recommendation,
1 can assure you it is inadvertent and we would want it fixed.
What we are talking about then is re -focusing of the role of
the Board as I have explained. Assigning responsibilities to the
4ity Manager for day to day administration. ,�_ he controls
the administration, he doesn't control the poT%y. He gets no new
authority he does not now have. To centralize all administration
related activities to end this fragmentation that is wasteful of
time and money and wasteful of that thing which is most valuable
your people who account for over 80% of your budget.
We propose to increase the flexibility of the Civil Service
System in order to attract, develop and retain the most appropriate
qualified candidates for municipal service positions.
We propose that the City undertake a comprehensive effort to
analyze key positions in municipal service to determine relevant
tasks, qualifications criteria and training requirements for each job
and not to be faced with a crisis situation in which you have to
react but to ,be the actor to say, well if we want somebody from
within to be the successor to somebody who will be retiring 2 years
from now, what do we have to do for this man today? And tomorrow
and over the next 2 years? What training do we have to provide him?
So that we can promote the best people from within and give our own
people the skills they need.
That the City launch a vigorous affirmative action program
to increase minority and female representation at all levels of
Miami City government.
Ultimately the survival of the City of Miami as an autonomous
governmental entity rests quite obviously with the efficiency and
effectiveness with which it delivers services to Miami's citizens.
The efficienty and effectiveness of service delivery varies directly
with the quality of personnel resources and the proficiency with
which they are managed. The changes in personnel management oper-
ations recommended throughout our report, we believe will help to
insure quality people, and upgrade and strengthen management of
these vital human services. Placing the division under the adminis-
trative control of the Manager is managerially the most sound and
rational approach. The-, City Manager is responsible, is accountable
for service delivery. The delivery of service is personnel based.
He must therefore have administrative control over the resources
required to produce the services for which he is accountable. The
administrative control at the same time must be exercised within the
constraints of a carefully protected merit based civil service system
under the review and authority of a strong independent Civil Service
Board and Commission.
All of these essential elements of a system of checks and balances
we believe are provided in the Human Resource Management System
recommended in this report. We have tried to give you our best
professional judgment applied against the criteria of what will
strengthen the City of Miami. We know that many people will properly
in good faith disagree with many of the things we have recommended.
Our obligation is to give you our best judgment, and to answer
these questions as best we can.
It is up to the Commission, we recognize, to decide what part
and again I want to emphasize, the part you wish to take.
Let me just point you to 2 exhibits in the report. Exhibit 8 foll-
owing Page 70. Its a long exhibit and its long because we prepared
it, to serve as a checklist for you. It presents our recommendations
all of them and suggestions, all of them, over time. It lays out
what we think you should do in 74, 75 and 76 and what you can do is
simply go down area by area and check off those you like and check
off those you don't like and you can do the ones you do like and you
don't have to do the ones you don't like. There are lots of improve-
ments that could be made without doing some things you may not like
tp do.
JAN 2 41974
a •
At the sable time, to try and provoke constructive discussion of this,
we went through all of our recommendations and in exhibit *9
following page 71, we have laid out in detail, who now does what
by each area in terms of policy and in terms of administration.
And who we recommend do it. So you can actually read accross and if
people say to you, it's going to destroy the system, ask them where?
I am gratified by the Commission's decision to ask for these
things in writing because I think that would be most constructive
because we can follow each of these recommendations along and say well
where do you lose authority? Where do you lose control?
If in any way we have inadvertently done violence to any part
of this civil service system. merit based principle and the protection
of its employees, arbitrary action, it is inadvertent and must be
changed.
We would like to thank Mr. Paulk, Mr. Huttoe and the other
members of the Civil Service Board, the Commission, the many employee
representatives and the many members of this City's management who
contributed a great deal to this report.
We don't pretend that all of the ideas in there are ours. In
fact in many cases we have simply reported to you the very good
ideas made by your own people and that's a proper function we have.
We look forward to answering any questions you may have.
Mayor Ferre: All right thank you very much, Mr. Matlin for that
fine presentation and we are so far behind again that we aren't
going to get into discussion of the presentation that was made here
or this document but following Rev. Gibson's recommendation, we are
going to have to set aside and have a special Commission Meeting
sometime in February unfortunately just to hear this whole matter
and I would like to if we can get the ground rules Mr. Paulk, I
would like to, everybody .has a copy of this document now and I
would like to get in writing the objections or the recommendations
of the various people who want to make a presentation before this
Commission before we get into more deliberations in deciding what
we will or will not accept out of this report including of course,
the Manager's recommendations.
Mr. Plummer: I would think it would be well within your purview
that you designate an individual of whc we all, Mr. Paulk, the
Commissioners, employee representatives, anyone who wishes,
constructive questions to be answered can funnel our letters or
questionaires to, so -
Mayor Ferre: Mrs. Gordon, she just talked about something. I am
going to appoint a committee of one, Commissioner Plummer to be
the focal point for the Commission in accepting and coordinating
all of the discussion recommendations and objections etc. and I
think this is a matter in the Commissions hands.
This is a Commission matter. I am sure Mr. Andrews will give you all
of the help for staff and all of that.
You are the Commission's representative in coordinating all of this
bef ore the hearing and we will set a date later on this afternoon.
Mr. Matlin: If I could just make one correction Mr. Mayor.
i cited exhibit 9 following page 71. It should have been exhibit
7 following page 66.
Mr. Paulk: Mr. Mayor in response to your request. We did direct
from the Civil Service Board under my signature at the Board's
request, the action that was conveyed on Monday of this week which
I would like very much to read into the record and I realize the
position thatyou have taken. It will only take -
Mayor Ferre: Mr. Paulk, I have already given that to the Clerk and
it is aLmatter of record. Basically I understand and we have all
received a letter. We all know what it is. The Board has gone in
opposition to this and its all a matter of record and I want to
so instruct the Clerk to put it in the minutes specifically word for
word that we received it.
JAN241974
ClViL teavice 06A1iD OfOICL
SMMA OAN AMIpICAN OPINE
t• 0 Ilbr. 'OS
MIAMI. FLA. 3St51
The Honorable Maurice Ferre, Mayor
City of Miami, Florida
City Hall, 3500 Pan American Drive
?4iami, Florida 33133
Dear Mr. Mayor:
06130it L PANLMC. ,..
t3teuttvt sir Nt,b
January 24, 1974
The Civil Service Board, at a special meeting on January 22, 1974, called
for the purpose of discussing the second report on Human Resource Manage...
went System by Booz, Allen and Hamilton, Inc.. dated January 18, 1974,
unanimously voted to advise you that it is in opposition to the imple-
mentation of the report, as provided.
In its consideration,.the Board wishes to acknowledge that in the research
for the report. members ,of the Board and the Civil Service Staff were in-
volved in many interviews conducted to elicit information by the team of
Boos . Allen consultants, along with numerous other officials and employees
of the City of Miami, and welcomed the opportunity for assistance. Although
the Board is opposed to the remedy offered in the recommendation by Booz,
Allen and Hamilton, Inc., it must acknowledge that there are and have been
areas revealed in the report which need to be rectified and which, in many
instances, have already been or are being faced under the current organi-
zational structure of the City, with projected solutions. It would be pre-
sumptuous for the Board to conclude that the firm of Booz, Allen and Hamilton,
Inc. could not assist the City of Miami to resolve some of its problems with. -
out demolishing existing structures. In every operation there are flaws which
constantly•need attention and the solution to one oftentimes produces another,
no matter how good the intent.
The Booz . Allen report was developed over a period of approximately six (6).
months and in a rather hasty review of the report, the Board finds numerous
inadequacies which will be presented to the Commission in a later report which
is being prepared. One of the most glaring examples, however, is made in
Vice President Stuart M.,M3ttins' statement contained in the introductory
letter for the report which states, "We believe that the changes recommended
in this report do not require changes in the City Charter."
The Honorable Maurice Ferre
Page 2 January 24, 1974
it is the conviction of the Civil Service Board that not only will Section 63
of the City Charter have to be amended to irplemant the recommendations of
this report; there will also have to be amendments to the Civil Service Rules.
and it is the further conviction of the Civil Service Board that to imple-
ment this report would be the key to totaldestruction of the Ctty's Civil
Service System which. with its existence, provides a healthy check and balance
in the management processes between Management and its employees.
In behalf of the Civil Service Board, I remain
Respectfully yours,
.. --
/ , i / .•
Robert L. Faulk, Jr.,
Executive Secretary
Civil Service Board
%U
• •
Mr. iauikt I would like all people here including the Press
understand, the Board is not in opposition to some concepts.
Some ideas made in this report. They are opposed to the implemen-
tation method in the correction of problems.
Mr, Plummer: Mr. Mayor, Mr. Paulk is out of order based on the
groundwork of today.
Mayor Ferre: You do that and we are going to end up in discussion
here today so you will have ample opportunity to express your opinion
or the opinion of your Board or any members of the Board can come
here or actually any employee or citizen has the right to make a
statement.
Rev. Gibson: I have been advocating a critique of this report and
I want the members of the Civil Service Board to understand that a
critique in my language is, you take this report and you analyze
point for point whets there.
I don't just want to get this letter like I got it and you know say,
we aren't with it. You understand? I want you to justify your
position.
Mayor Ferre: We want to know why.
Rev. Gibson: Right.
Mayor Ferre: Thank you very much for your presentation and we will
set a date in a little while.
Mr. Andrews: May I have your patience in one matter. When we went
ahead with the first report of Booz-Allen of the analysis and
implementation of the organization of the City, we were partially
underway with that only in one area and that was the appointment of
a Deputy City Manager and when the matter of the Human Resources
Study got underway and announcements were made that was beginning,
Commissioner Plummer I thi-nk sponsored a motion before the
Commission to with hold the implementation of any additional portions
of the organizational plan.
I readily accepted that and I understood his position. I understood
the Commission's position however there is one area I would like to
exclude from that with your permission and I would like you to pass a
motion and that is the community affairs office. I think it is
absolutely essential that we begin staffing that, organizing and
getting it underway. I am prepared to employ a'Black gentleman,
well schooled, with Mr. Paulk's participation and MR. Kouchalakos
participation, at every one of the meetings I have had and with
their concurrence, also a latin lady who will be appointed to this
office and will be assigned to the Civil Service Office to assist
in the restructuring of the examinations and this is the point of
beginning and its very vital and I would like you to permit me to go
ahead.
Mr. Plummer: Let me have a clarification. You are speaking of the
authorization of this Commission to allow Mr. Paulk to go and
negotiate with the -
Mr. Andrews: No. No I am not.
Mr. Plummer: All right, we have approved that. You are talking about
now the appointment of a Deputy City Manager -
Mr. Andrews: No, I am not talking about that either. I am talking
about only giving the authority to move ahead with the creation and
staffing of a Community Affairs Office directly under the City Manager.
Mr. Plummer: No objections.
Mayor-Ferre: Is there a motion?
Mr. Reboso: I move it Mr. Mayor.
JAN 2 4197
Mr. PlUmMert Can I be no bold as to ask one question? How MUCK?
Mrs Andrews: How much what`?
Mr. Piurnmer: What's it gonna cost?
Mayor Ferret And is it in the budget?
Mr. Plummer: That's his problem. I want to know how much.
Mr. Andrews: Well I am going to find.a way of funding these things.
I can tell you real quickly how I am going to do it.
I am going to lop off positions at the bottom of the city organization
to do some of these. I have already done that for all these positions
but we have stopped the implementation. I explained that to the
Commission at budget time. We eliminated 7 positions at the bottom
of the city organization -
Mrs. Gordon: You mean you had to fire people?
Mr. Andrews: No, these were vacant positions and we worked with
the departments.
Mr. Plummer: Now I understand how you are going to pay them.
How much?
Mr. Andrews: One will be employed at $18,000 a year and the final
salary has not been settled for the other person.
Mrs. Gordon: Which is the 18?
The person that you are hiring for that position. Could that department
also handle training some of our personnel and some Commissioners that
don't speak spanish to speak spanish?
Mr. Andrews: No that would not be the appropriate area. There is
another way perhaps of getting at that.
Mr. Plummer: Mr. Andrews, are you going to come back to this Comm-
ission in all sincerity and tell us what the cost factor is?
I.think we should know.
Mr. Andrews: I can't describe a complete cost factor to you even
from a salary point 'untilwe begin some analysis and depending on
how many people we are going to employ , the functions that they
are goin g to have to perform.
Mr. Plummer: The 2 individuals.
Mr. Andrews: Basically I think the whole office that we.are talking
about is 60 or 65,000 dollars.' We are going to have to get a grant
to assist us in that. An I.P.A. Grant.
I will report by memorandum so you will have that refinement.
Mr. Plummer: You took the prerogative of appointing a labor
negotiator and we all concurred in the man that you chose.
Now I would like to ask in retrospect, what is he being paid?
Mr. Andrews: $24,008 or $25,000.
I would also like you to know that when I described all of this
matter to you at budget time, that all of this was placed in the
appropriations ordinance that you adopted giving me the authority
to do all this But I stopped doing it because you had requested that
I do so.
Mrs. Gordon: You have a very valid point. Now will you answer my
question?
Can you and will you arrange for us who wish to be bi-lingual, will
you arrange for us to learn?
Mr. Andrews: Yes Ma'am.
Mrs. Gordon: Okay, and you are going to arrange it in the very near
future like in a week or two?
74
Mr. Andrews: Well I can't say in a week or two but 1 will do it as
quickly as I can.
Mr. bebosot / move that we implement that Community -
Mayor Ferret Moved as recommended by the Manager this afternoon.
Is there a second.
"Mere is a second. before we vote Mr. Andrews, i want to in a very
friendly manner warn you of the very same arguments used right now
are going to be used by the Mayor on a matter that relates to the
Mayors Office about funding.
Is there anything else to bo discussed on this?
Mrs. Gordon: It's important that we get a receptionist upstairs
on the Commission side.
Mayor Ferre: That is another matter. We can take that up when we
come to the matter I am going to bring up.
Mr. Southern: We need a roll call.
The following motion was introduced by Mr. Reboso who moved
its adoption:
MOTION 74-72 ,
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED
WITH THE CREATION AND STAFFING OF A COMMUNITY
AFFAIRS OFFICE
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
Mr. Lloyd: Mr. Redford has communicated with me and a proposed
amendment would take care of what he is trying to accomplish.
Mr. Redford: As far as I am concerned, I have talked it over with a
gentleman from United Artists and I realize that having gotten a
legitimate permit from the City of Miami, and having gone through
certain investments, if he were to be shut down now, there would be
financial loss and I would hate to see him have financial loss and
I also hate to see the City get a financial loss.
So therefore, I myself and its just speaking for myself am perfectly
willing for him with the precautions that it not become a nuisance,
becadse he said he will make those precautions, finish his film but
I would like to have it guaranteed if possible that this is the last
film to be made at this location.
Mrs. Gordon: You heard what we proposed amending the ordinance
so that would prevent it.
Mayor Ferre: All right. Anything else to be discussed. All right
thank you very much.
•
41. REMY. 4,e0LICE. OPERATION& . APPEARANCE.OECHIEF. GARMiRE_.
The Commission next took up for consideration the report of
Police Chief Bernard L. Garmire on the operations of the Police
'Department, and the following discussion occurred:
Chief Garmire: I am here in response to your request that I
make a progress report, and,I propose to do that this afternoon.
The first thing I should like to touch on is I think Iota are
familiar with, at least I understand that you have a copy of our
press release on the 1973 statistics as they pertain to the crime
rate in the City of Miami. I might point out at the outset, before
I start analyzing some of the statistics, that in December of 1973
we were able to show a decided decrease in all categories of crime
within the City of Miami, with the exception of one, and that one
is burglary, and I hope to touch upon that a little bit later dur-
ing my, I hope, brief presentation. The crime rate of a community.
or an area of the country, is predicated upon certain offenses.
Those offenses are murder, rape, robbery, aggravated assaults,
burglary, larceny and auto theft; and on the number of crimes per
one hundred thousand people in any area or community the crime
rate is based. During the year of 1973 we had a reduction of one
murder in the month of December; a reduction of five rapes under
last year, the same year; an appreciable reduction in the crime of
robbery of approximately 120. Aggravated assaults were up.
Burglary was up. Larceny was approximately the same. Automobile
theft showed an appreciable reduction. Our over-all, however,
for the year of 1973 indicates an increase of 6.1%. I should like
to point out to you that the reason for the 6.1% increase basically
lies in the numerical increase in the crime of burglary in our
community; and hopefully we are addressing that subject so that we
will be able to bring it under control successfully as we have the
crime of robbery in our community. You will recall that during
the presentation tint I made to you on 21 November,, it was pointed
out that we needed certain things if we were to be able to create
some immediate impact upon the crime rate in our community, and
to provide for what is a seasonal up -surge in the incidence of
crime in our community. You responded that day, and I am very
appreciative of it. Basically, I told you that we needed a public
service aid program, and discussed the possibility and probability
of replacing at least nine thousand additional man hours if we
could institute such a program. I said that we needed 28 additional
civilians to replace police officers in desk positions, so that
they could go out on the street. I told you that we needed addi-
tional three -wheel motorcycles. Those have been ordered. However,
in the interim we have been able to secure the service, or have
been supplied four West -Coaster type ---
Mayor Ferre: What's a West -Coaster?
Chief Garmire: Well, it's a three -wheel vehicle somewhat be-
tween a scooter and a motorcycle, is the best explanation I can
give you. However, it's an enclosed vehicle ---
Mr. Plummer: Ugliest looking thing you ever saw. Excuse me;
you have got to see one of these vehicles, with the word, Police,
written on the back of it, to laugh your head off. It's the old
fashioned mail delivery CushmanfScooter, and a drunk looked at
this the other day and passed out; so maybe it does have a good
effect, Chief, but I'll tell you that is without a doubt the most
ridiculous looking vehicle I have ever seen. I am sorry to inter-
rupt. 1-24-74
Chief Garmire: Commissioner Plummer, I don't make the things;
I only try to Operate them. I might say, though, that the men who
have been assigned to these like them very much, and I wouldn't be
surprised that I would be petitioned to reconsider the three -wheel
motorcycle order in place of additional West -Coasters. I agree
with you that aesthetically they do nothing much for the Department,
but they might have an anaesthetic value so far as drunks are con-
cerned. I told you also that we had to expedite, streamline the
hiring of police recruits so that we could put them in the academy.
I am happy to report that as a result of that program we now have
26 men in the academy since that time. In addition to that, we
have in other phases of training 8 in one class; 7 in another. At
this time we have 41 people in training. They will be coming out
onto the street at various times between now and the next four
months. One sobering effect of this, however, is it has been in-
dicated to us that there are only four people left on the current
eligible register for hiring, and if we are to keep our attrition
rate under control, we will need a supply of recruits continuing
at the rate of approximately 7 per month. I am hopeful that the
Civil Service Board and the Commission can expedite a new register
in the very near future, so that we will have a supply of people,
so that we can keep our training up. In addition to that, I also
told you that we were going to implement as soon as funds became
available from the Federal Government under the L.E.A.A. two pro-
grams; one with the acronym, stop robbery, and the other, stop
burglary. We have implemented those, and although they are in
their inceptive stage, we believe they are going to produce some
very desired results, and of course the desired results is the
reduction in particularly the crime of 'robbery, and burglary. We
have transferred other people from inside to these, even though
we haven't been able to secure the civilian employees that we had
hoped to secure by this time. We are, however, approximately on
course. We said at that time it would take approximately 16 weeks
to secure the 28 civilian employees to replace a commensurate
number of police officers. This has been accomplished; this is
the half -way point, and we have accomplished the fact that we have
14 working now. We have replaced police officers in each instance
where civilians have been put on board, and as others come on
board we will be putting more police officers on the street. We
also, of course, have analyzed the situation in so far as crime
rate is concerned and the incidence of crime in various areas of
the community. We have assigned either foot beats, three -wheel
motorcycles, or canine units, to try to cover those at the time
and in the areas where the crime is occurring. Primarily this
basic coverage consists of Edison Center, the Garment District,
the Downtown Area, and the Coconut Grove. We have additional
emphasis in Liberty City on different hours; again in Edison
Center, Allapattah, Little River, Decorators' Row, and Bay Point;
the Downtown Area, Flagler Street, and the area commonly referred
to as Little Havana, and also on SW 8th Street, both east and
west of the area which is considered to be Little Havana. Con-
tinuing on our coverage of the three -wheel motorcycles, we have
late coverage, which is all night, as a matter of fact, in the
garment district. We have three patrolling in the downtown area,
and in Coconut Grove. The average number of people working in
these new areas, or new assignments, the three -wheel motorcycles,
is 21, with a maximum coverage between 9 A.M. and 1900 hours,
which is late in the evening, of course. The foot patrol; we
have 20 officers on foot patrol. We have them assigned to the
1-24-74
%5
Biscayne Shopping Center. We have a Boulevard bicycle beat, which
you have heard about, I am sure. The Jordon -Marsh -Sears -Jefferson
shopping complex, the Gesu Church area, the DOWXbWn Community
College area, Flagler Street, from 6 to 15 Avenue; SW 8th Street
from 9 to 19 Avenue, and at Grand and Douglas in the Grove area.
We have three walking canine beats. One of them is in the
Bayfront Park area. Another is on Flagler Street south under the
expressway, and we have one assigned to the Lummus Park area.
These are 7-days a week, not 24 hours, but from approximately
Noon until ten o'clock in the evening, during those hours when we
were experiencing considerable problems in the incidence of per-
sonal attack; robbery, mugging; this type of thing was occurring.
We believe that we have shown an appreciable reduction in some of
these problems down there. We continue to analyze the situation,
and whenever it is indicated we will try to either shift the
emphasis or increase the emphasis, whichever the case is and what
the situation indicates. As of today I am privileged to release
to you the information that we have received our grant on what we
call the para-professional, or the threshold program, Police Service
Aid Program. This just came through. We have been authorized in
the total amount of $377,283.00, a grant from the Federal Govern-
ment.
Mayor Ferre: Could you describe what that does for us, Chief?
Chief Garmire: Yes, sir. This provides for the hiring of 47
public service aids. These are people 18 years of age, or 18 to 21,
as a matter of fact, who have graduated from high school; who are
interested in making a career in the police service; who are in-
terested in furthering their education; and who can be used by the
Police Department in a number of areas of service. I would remind
the Commission that 80% of the calls to the department are for ser-
vice other than crime fighting types. We propose to use these
people in areas where they can be of great assistance to our com-
munity, and they can relieve further trained police expertise to
go out and actually try to keep the crime situation under control.
this will be implemented immediately, and as a matter of fact we
will be receiving applications at any time anyone is interested.
The requirements are, of course, that they be either 18, 19 or 20
years of age; have a high school diploma, and a Florida Drivers
License. We will be paying these people at the rate of three dol-
lars per hour, and they will be given rudimentary training, but
sufficient training in order to be able to assist us greatly, and
they will be encouraged, as a matter of fact we will insist upon
them attending Community College, and we are providing the necessary
payment of tuition and other types of expenses.
Mr. Plummer: Is that just a one-year grant, or for two years?
Chief Garmire: This is a one-year term at this time; and it
has been our experience that in all probability we can get it re-
newed: This will be a pilot project. It's a theory we have. It
has been practiced in other communities to a good degree of suc-
cess, and we believe that a year from now we will be in a position
to; number one, either go back for an additional grant for continu-
ation, or that the Commission will see fit to make this an integral
part of the Police Budget henceforth. Obviously this program is
aimed at getting minority group representation on the Police De-
partment. We are certainly very interested in getting Spanish-
speaking Latins. We are very interested in getting considerably
7t�
1-24-74
more black people on the Department. Percentage -wise, in compari-
son to the statistics of our community, we don't have adequate
representation in either, and the emphasis will be made in those
areas of our connnunity which would hopefully produce minority
representation on the Department. It's a tailor-made career for
someone who is interested in making the police service a career.
We have designed it to facilitate and give them everything that
we possibly can, and in turn, of course we would expect them to
work. Mrs. Gordon, a moment ago you asked if Mr. Andrews could
provide you with the ability of a Spanish Culture Program, or
at least the availability of such a program. I would invite you
to come down and participate in what I consider to be one of the
finest Spanish Culture programs ever designed in the City of Miami.
It's an on -going program in the Police Department. We have two
very expert teachers who are not limiting their efforts to lan-
guage, but trying to give a complete Spanish Culture class pro-
gram to members of the Department. I am sure that Mr. Revis or
Mrs. Leviton, our two instructors, would be most happy to have
you as a participant of one of our classes.
Mrs. Gordon: I am interested in learning how to speak in a
more fluent manner than I presently do, which is very little, and
if I participated it wouldn't be for a one-time deal, and I feel
that there are a lot of people like myself in the City Government
outside of the Police Department that should be interested in be-
coming bi-lingual, and I think that to serve the City better we
should have it set up among the general employees as well. I
would like to cane down, aid I appreciate your invitation. I will
come down.
Chief Garmire: We would be most happy to have you partici-
pate; and I can only tell you that I have been doing it in the
evenings for some time, and I am at the point now where I can
speak Spanish muy poquito. Generall, ladies and gentlemen, that
ii a progress report. I might add that we have some plans for
the immediate future. Our experience at Wyndwood Center the other
evening, I think, was very rewarding.
Mayor Ferre: Describe that a little bit, Chief.
Chief Garmire: We were privileged to meet with the people
at Wyndwood Center last Tuesday Evening. This is a center which
is of service to our Puerto Rican community, which basically
centers on 2600 block of NE 2nd Avenue. We sat with these people
for two or three hours discussing the problems that they have,
and assured them, after we had had a considerable discussion with
them, that we were going to do everything within our power to
alleviate some of these pressures and conditions which exist out
there.. And I might add, your honor, that we have followed up on
this. -We have contacted the Concept House, and a number of other
places which were mentioned rather adversely out there the other
evening. We are trying to work with the people to clean up the
neighborhood to the best of our ability, and hopefully to a de-
gree of acceptance from the people. This is not really a new ex-
perience in so far as we in the Police Department are concerned,
but we plan immediately to schedule a number of such sessions in
strategic areas of the community, where we can sit down and talk
to people about the problems they may have in their area, and
assist them in one way or another in solving them. In addition
1-24-74
•
to thiB, we have in our interaction unit of our cOmmunity reia-
tions section two very highly trained people on an anti -burglary
program. By that I mean they have been sent to the University
of Louisville and they have learned techniques whereby they can
assist people in hardening the target, so far as burglars are
concerned, and we are instituting a program so that hopefully
most of the people of our community will have access to their
expertise. One of the things that we have experienced this last
year, and that we are continuing to experience is an inordinate
rate of burglary in our community. As I pointed out, we had
several thousand burglaries last year in Miami, In analyzing
the burglary sitation, we find that at least fifty per cent. of
these burglaries are crimes of opportunity. By that I mean it's
a simple matter to walk up to the front door, or the back door,
of a domecile; twist the knob; walk in; take what you want and
leave. We find this frequently happens. It is, I think, analo-
gous to the problem we have experienced for some time in automo-
bile theft, where it is a question, not necessarily, of stealing
an autbinobile, but stealing the automobile which is the biggest
and has the most gas in it, along the curb or in the parking
lots. People leave their keys in the ignition. In this regard,
hopefully in the near future we hope to present to the City
Manager, and ultimately for your consideration, a comprehensive
ordinance which would require the hardening of targets, both
existing and new targets, industrial, commercial and residential
in our community, so that we can assist the people. Number one;
by requiring them to harden their targets; assume some responsi-
bility on their part. Designing the unit within the department
which would go from place to place throughout our community as-
sisting the people, and showing them how to harden the targets,
and to help themselves and help us in the reduction of crime
over-all. I think we have made progress; we have a considerable
way' to go, but we are on our way.
Mayor Ferre: Chief, I have some questions, and I think other
members of the Commission --I am going to limit some of my questions.
I am not going to get into a long dissertation or anything like
that. You stated, gave us some statistics here about crime going
down on a proportionate basis, and how December was better statis-
tically, since we only had ten murders versus more murders the
same month last year. There is an article that came out Monday
in one of our local newspapers. The headline reads murder, rape
off in City. The thing that concerned me about reading this
article; the thing that struck me were two things. First of all,
the concentration of most of these murders in the downtown area,
and secondly, the savagry, if you want to put it that way, of
these murders. A 70-year old woman savagry raped and beaten. A
few days later Earl Gardner, a driver, was brutally beaten and
knifed in broad daylight, and so on. Evidently there were nine
such savage murders, which are three more than in January a year
ago. •Now, obviously this isn't the Police Department's fault, or
anybody's fault; it's just a question of the problems we are
having in society, but what can we do about this? How can --it's
mentioned here about the full moon being out; that doesn't make
the citizen feel much better. I don't know if there is any
answer, but is there anything we can do about --will more lights
help, or more patrolling? What are we going to do about these
savage, horrible murders?
P. W. Andrews, City Manager: Let me assist the Chief. He
probably is reluctant to get into an area that I'd like to get
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7d
into, because I think it is an area that would require your par-
ticipation to truly change.
Mayor Ferre: Mr. Andrews, let me finish what I am building
up to, and then we will get into all of that. You see, what I
want to do at this stage is tell the Chief, and I am going to
tell the Chief. You see, I don't know, we are a legislative body.
This'is a legislature right here. We establish policy and pass
laws. Let.me tell you where I am going from here. I have got
here -a gentleman in our community by the name of W. L. Gray, Jr.,
a very well known attorney wrote me and sent me some comments
that came out of the Crime Commission of Greater Miami in which
they have been investigating some of these cases that come up
before the judiciary. Now, we have got nothing to do with that,
but, you know, I go over page after page of this --John Abner,
910, first degree murder --you go on, and right down the line;
child torturing; couldn't do anything about it. Carrying concealed
weapon; dismissed. Benjamin Jackson, rape; dismissed. ---- Russel,
Robbery; nollo prosse--what does that mean?
John Lloyd, City Attorney: That means that the State Attorney
informed the court that he did not wish to proceed with the prose-
cution.
Mayor Ferre: Breaking and entering and carrying concealed
firearms; dismissed. Entering buildings; dismissed. Lewd and
lacivious assult of a child; five years probation. Three years
probation for another guy, and something like that. Five years
probation for assault on a ten-year old girl. Many times --
defendant teaches sixth grade at the Francis C. Martin Elementary
School; five year probation. James Freeman, breaking and entering;
the same thing; dismissed. Henry Mobly; dismissed --victim cannot
be found. George ; no information. And this is just in the
month of November; this list is just for November. Now possession
of drugs; dismissed, dismissed. Everything is dismissed. N w, I
don't know what, if anything, we can do --and I recognize that these
are very complicated, complex matters that deal with constitutional
rights:of the individual, and so on, but as a legislative body here
I think there are things that we can do to strengthen and put a
backbone into some of these laws. I am going to give you two
specific examples; one that we have dealt with, which is the
blood banks, and the other one which we are going to deal with,
which is prostitution. I have got a letter here from a citizen
ty the name of Nazarell, Paul J. Nazarel--I think we have heard
of him before --and he sends me a December llth clipping from a
local newspaper that says bar panhandler kills two persons; and
the thrust of all of this is that he is trying to show that some
of these things are related. We are not against panhandlers be-
cause they are panhandlers and because they have got problems in
society, but here is a case in San Francisco, because somebody
refused them fifty cents to get a drink, killed a man. Now, we
have situations here in Miami which haven't gotten quite that
bad, but where people have been robbed, or mugged, and you follow
it up and it is someone who is an alcoholic and a panhandler in
the downtown area who is going after people and bothering people,
don't you see? And the results of it --what do we do about it?
Well, we can close down those blood banks, and if we can't close
them• down we can regulate them'so that these people who have the
solutions to the problem of alcoholism are not going to perpetuate
this problem and inflict the consequences of it on society. Now,
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7y
a lot of these crimes that are happening in the dOWntOWn area
are the results of some of these people who are involvedde-and
I realise that the blood banks, per se, have nothing to do with
crime, but they add to the ambience, if you want, the atmos-
phere that creates this type of problem.
Chief Garmire: I couldn't agree with you more.
41 A. PROSTITUTION & VICE - RENEWAL OF LICENSES AFTER CONVICTION:
Mayor Ferre: Prostitution is very much in the same cate-
gory. I know that a lot of the people who have great concern
on these matters are continually telling us that we have to go
after the criminal, and crimes that harm people; victimless
crimes, and prostitution is a victimless crime, but prostitu-
tion brings with it drugs,drug addiction, and the other criminal
element that goes along with it, muggings that have occurred
through prostitutes and people that are related to them; and
therefore, I think --what I. am trying to say, Mr. Andrews --and
it goes to you, Mr. Lloyd --is that we on this Commission, I think,
have got to search and search for ways in which we can pass laws
and legislation that will help in this police work in controlling
at least the surrounding atmosphere, so that we don't have con-
tinually these types of reports about dismissal, dismissal, dismissal.
Now, Chief you, I think, at one time, or it was you, Mr. Andrews,
told me that we are going to be getting to this question of prosti-
tution hopefully at the next meeting, but, you know, the average
time --as I understand from you, or from the Chief, that a prosti-
tute spends going through the procedure of being booked is two
and a half to three hours.
Chief.Garmire : That's for booking, approximately; yes.
Mayor Ferre: In other words, she gets caught at nine, and by
midnight she is out and if she wants to she is out peddling again;
and the average cost of these fines, as I recall, was $25.00, or
something like that. In other words, obviously, it is the same
thing as this blood bank situation. That is absolutely no preven-
tion to a prostitute peddling her trade. And we have just got to
address ourselves to that.
Chief Garmire: May I respond to a couple of your comments?
I'd like you to know that the Miami Police Department con-
sists of approximately 800 dedicated, sincere people, who are as
interested in reducing the crime rate as any member of the Commis-
sion, or I. They go out here and they do a good job. We have had
an upsurge in vicious murders in this January; there is no ques-
tion about it, and I am unprepared to give you statistics so far
as clearances are concerned, but I would like to point out to you
that the clearance rate of these vicious crimes, whether they be
murder, rape or robbery, or what have you, is up appreciably
this year; probably as high or higher than it ever has been, and
this means that my people are out here really working. Our over-
all clearance rate, including larcenies, for the month of
December, for example, was 23.1%. I would place this against
the clearance rate of most any police department in the United
States. We have good men. They are out here working. We have good
women, and they are working. I am sorry, Mrs. Gordon. The point
is that we do have a revolving door process. We arrest a prosti-
tute at 8 o'clock this evening, and by 10 o'clock or 11 o'clock
she is back on the street in the exact position, still peddling
her wares at that time. Prostitution is not a victimless crime.
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When pre attempted to clean it up on Biscayne Boulevard....and 1
think we did, to a reasonable extent. --the ancillary crimes
dropped. 1 ain speaking of aggravated assault, robbery and mug-
ging, and this type of thing. It's a revolving door process
so far as the winos, the panhandlers are concerned. We put them
in today; they are back out there tomorrow; and it goes on up
the totem pole so far as the seriousness of crime is concerned.
Mayor Ferre: Chief, that's got to have some kind of an
effect upon the morale of the police officer who goes out and
arrests a prostitute, and he sees her right back in three hours
again. He is still on the beat, and here's this woman back on
her beat. You know, it gets to a point where he is going to say,
how many times am I going to have to arrest this woman before it ---
Mrs. Gordon: Why don't they arrest the men who patronize
the women?
Chief Garmire: We did that, too, Mrs. Gordon.
Mrs. Gordon: That's your key to the whole thing. If a man
felt that his reputation and his family life was in jeopardy,
believe me you will put the woman out of business.
Mayor Ferre: I agree, but we have to go after both sides of
this.
Mrs. Gordon: But you can't just take care of one side; you
have to go the whole ball game.
Mayor Ferre: That's fine, Rose, but I'll tell you --and I'll
go along with any of that --but in the meantime, as far as I am
concerned, we are going to go after anybody who is involved,
whether it's male or female, or prostitution, or blood banks, or
anything else that in any way creates the atmosphere which is
conducive to the situation which brings the criminal element into
play.
Mr. Plummer: Let me ask this question? Chief, would you
deny, based on what the Mayor just said, that you and I can't
name four places in downtown Miami that are known without ques-
tion as places of solicitation? Can we agree that there are
four known places?
Chief Garmire: I agree.
Mr. Plummer: My question to you is, you know, no man in
the world is going to make a deal, or consummate a trick, or
whatever the relation or the terminology is, with a policeman
standing there in full view. I can name these four places that
these ladies of the evening congregate, hang out, and I believe
without question that if a concentrated effort were extended in
these four places, you would drive these people out of business,
or at least break them up to where there cannot be an organiza-
tion of such --and I am not inferring any conspiracy. But I
brought to Mr. Andrews' attention one place on Flagler Street
where any time after nine o'clock at night you can go down there
and these people are congregating there to do business, and I
have got to believe that if a policeman was there you are going
to break this little bailiwich up. There are two hotels and two
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8+
other laces of congregation downtown, and 1 just cannot be con..
vinced to the contrary. It is getting worse. And if these
plaeeS--and 1 hate to use the word harraesment--but if these
places were subjected to what you refer to as selective en-
forcement, it has got to have a great bearing. One of these
places, about seven days ago, it got so bad ---and this is a
restaurant --that this place right now is full of bullet holes.
A guy went in there at three o'clock in the morning and just
opened up and sprayed all the walls; and it was all over one of
these girls of the evening. Chief, do you understand what I
am getting at?
Chief Garmire: I understand.
Mr. Plummer: Do you disagree?
Chief Garmire: To some extent I would. We have tried the
tactics that you have suggested, only to be slapped by injunc-
tive proceedings on occasions. It is not accepted as being
ethical --I recognize that that's hardly an ethical business --we
have concentrated on a number of places. I don't think we have
put any place out of business, per se. We have certainly
slowed the situation down. In the downtown area we have taken --
we have made a considerable number of arrests, and we have worked
on certain areas in downtown, and we have slowed it down. We
move our people from spot to spot, and it seems that they follow
us, or they are ahead of us, whatever the case may be. I am
simply saying that our men are working every night, and our women
are working every night on this problem. The problem is very
widespread. I recognize that the downtown area gets probably
more publicity than other areas, but I think it is incumbent upon
us to try to keep other areas of our community from depreciating
and retrogressing. We are active in this area, and we make a
tremendous number of arrests. Naw, getting back to what the Mayor
said a moment ago. The average time served, including jail sen-
tences, if and when they get them, is six hours, which includes
the time they are taken into custody until they are released,
for whatever reason. The average fine is $25.00. We have ar-
rested the johns, as they call them, and theylave been exposed,
and we have been criticized a great deal for this tactic.
Mayor Perre: That's all right; we don't mind criticism.
Chief Garmire: It's a no -holds -barred situation, and I
think that my people are capable of doing the job correctly --
Mr. Plummer: If your people get slapped with an injunction
for doing their job, I wouldn't feel bad about it.
Mrs. Gordon: And who criticized the arresting of the johns?
Chief Garmire: There was a tremendous amount of criticism;
in the press and various other areas.
Mrs. Gordon: I don't care if there is criticism; I don't
care one iota, because that's the only way you ape going to
put a fire out is to pour water on it, and that's more import-
ant than arresting the girls.
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thk
Mayor Ferret I have a very simple solution to the criticiser
you are talking about. i don't happen to read that particular
page that is being referred to, and I would recommend that we
just keep on doing what we know is our job.
Chief Garmiret Mr. Mayor, if my people and I were con-
vinced of the absolute support of this Commission in this area,
among others, I think we could be much more effective in the
pursuit of our ---
Mayor Ferret You mean to have any questions that you don't
have the support of this Commission, when you came down here in
November and in a period of an hour and a half you ended up
walking out with three-quarters of a million dolhrs? What more
support do you want than that? And every time that you have
a public hearing, or a public meeting of some kind, you always
have representation of this Commission.
Chief Garmire: Yes, sir.
Mayor Ferret So I hope you don't have any doubts about
the importance that this Commission is placing on what is ob-
viously the number one concern that has been expressed by every
member of this Commission. So you know you have the support,
or we put it this way; that the City of Miami administration,
all of the administration has the support in anything that helps
to fight the crime and the criminal situation in our midst.
Mr. Andrews: Let me allude to another area; that when the
Chief says support --and I am going to construe what he meant in
this way --that there are areas which the City Commission has to
pass judgment on, because they enter an area of policy --and I
am going to describe another area that maybe the Chief is reluc-
tant to bring up, but I am• going to begin airing it, and that is
the point control people in downtown Miami.
Mr. Plummer: Beat man.
Mr. Andrews: No; beat man is one thing; point control is
another, and sometimes I think the Commission and I get these
confused. For 25 years or more we have had a system of placing
our people, police people in downtown Miami partially on a sys-
tem that's identified as point control. This is placing offi-
cers at strategic intersections in downtown Miami, principally
for controlling traffic, and at one point --and the Chief can
elaborate on this a little bit more --there was an opportunity
to change that, so that we would move these people out of these
areas, and actually place them on a beat system, rather than a
pint control system, locating them at one point, and the mer-
chants in the downtown Miami area raised so much difficulty
with this re -arrangement that we fell back into the pattern of
placing the people on point control. Now, I'll let the Chief
take off from that with that much of an introduction, but I
think that what we would like to do, and what the Chief would
like to do, is to be able to utilize those people completely
and freely, but if he does so you are going to have to recog-
nize that some of the merchants might begin to complain to the
Commission about the utilization of these police officers.
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Mayor Ferre: I, personally, have been going around and
talking to merchants, as have other members of this Commission,
and I might say, Chief, that there is a much, much better feel-
ing than I noticed in November. I think that the merchants, in
the last 60 days, feel that there is a lot being done, and that
there are a lot more people --and i am sure you have increased
the beats and the number of men and women in the downtown area.
What is ironic, of course, is that we have had these nine at-
rocious, savage murders, mostly in the downtown area despite
this increase and despite the increased surveillance, and the
fact that the merchants feel a lot better about the type and
quality of protection that they are getting.
Reverend Gibson: Of all people I ought not be saying this,
but it seems to me that they have some grey areas here where we
have to take the right of the citizen against the ability of the
policemen to harrass them. Maybe we have to do both. What dis-
tresses me is when the Legal Department gives me some cock and
bull excuse as I hear sometimes. Those people who operate those
hotels have to have a license, and if they have a bar they have
to have a license. Well, if they get a number of arrests, those
licenses are going to be out of the window; isn't that right?
Chief Garmire: In theory, sir.
Reverend Gibson: Well, it will be such a doggone harrass-
ment that no man is going to fool around with his investment.
What I am saying is, when the Legal Department tells me --I
understand what you say,. because I am on the side --you know, I
have fought all my life to make sure this is legal --but you
know, if some of those guys got the heat on them they would stop
harboring those people; they'll stop it. I just feel that --
let me give an example: Every year at a certain time you have
,got to renew some liquor licenses around here. All right; you
tell that guy, look, buddy, when you come up for renewal of your
license, it's going to be a little difficult for you. You aren't
cooperating in cleaning up this place. A man understands that.
Now, let me, since I made this about the Legal Department, let
me explain what I meant. You,had a citizen who was here this
morning complaining about a business taking place in a residen-
tial neighborhood. It isn't my business; it should be the Law
Department here to defend the guy who is violating the law. He
ought to be harrassed to the point that, doggone it, that's why
we have a legal staff. That's all I am saying, and I think if
they found out that that's going to be our attitude, an awful
lot of people will "shape up or ship out". I just think we
ought to get hard-nosed about some of the things that are happen-
ing in this community, and we ought to get tired of being number
one, or even number two. We ought to get down to five or four,
or three for a change. Let me make one other reference. Chief,
I want you to know that I am not angry with you; I don't have a
thing against you, but every morning --you know, I sleep with my
radio on to fool the thieves and the robbers that I am awake at
that hour, so it runs all night. But you know when I awake in
the morning I hear the news about Broward County, and in my
business another man's downfall doesn't make you holy nor make
you safe, but when I hear some of the things that are taking
place up there, I just wonder, and that is no comfort, and that
doesn't let you off the hook, but Mr. Lloyd, I think that our
Legal Department needs to start finding legal ways that we could
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8'
use the law to our advantage to see to it that the people don't
tell was told at a public meeting the other night that the
Mayor and I attended, and what those people said in that commun-
ity angers me --and I think, I don't think you ought to take the
position: not you but the Department, of what we can't do.
Mr. Plummer: Father Gibson, because you weren't on this
Commission --and I don't think anyone except maybe Rose was --
this Commission, about two or two and a half years ago, took
out of the Commission's jurisdiction the judicial hearings, as
such, of when these bars and these hotels were cited and were
not renewed for their license. We did that with reservations. I
think it behooves us now --and I am sure that the City Attorney
can draw up the legal framework --that when these people are
cited for a violation of the law, our Police Department, whatever
facet it is, that they have to have a hearing before this Commis-
sion to extend, or to even continue operation of what they are
doing; and Mr. Mayor, I'll make that in the form of a motion
right now; that any time any of these establishments are cited
for a violation of the law, that these cases must be brought
before this Commission for adjudication as to whether or not
these places can continue to operate; and I'll offer that in the
form of a motion.
Mrs. Gordon: I want a point of clarification. Are you saying
that if an establishment knowingly allows ladies of the hour --
Mayor Ferre: He is going beyond that.
Mrs. Gordon: --to solicit in their locale that they are
in violation:of the law, and they should then be cited and pos-
sibly lose their license. Is that what you are saying?
Mr. Plummer:.That's right. That's on:portion of it. Cases
were brought up before us before; serving minors in a bar; serv-
ing drunks in a bar, allowing prostitution to flourish in their
place of business. All of these things, I think, Chief, I would
be within the legal terminology, as it relates to vice. Would I
not be correct?
Chief Garmire: Yes, sir.
Mr. Plummer: All right; that any arrest in the City of
Miami that we license that are charged with the violation of vice
has to have a hearing before this Commission. We will straighten
it up.
Mr. Andrews: The law that you are referring to only applies
to night clubs and night club licenses. The law you were refer-
ring to, as far as the City Manager, when the appeal is directly
to the Court. That only applies to night club licenses, and what
you are speaking about is a much expanded area now; more than
just night club licenses.
Mr. Plummer: That's right; anything that we have the authority
to license. If they are cited with a violation of vice, they have
to bring it before this Commission.
Mrs. Gordon: Doesn't it have to go to a court of law first?
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Mr. Plummer: It has got to be adjudicated first, but if
they are adjudicated guilty in a court of law, then it has to
be brought here to allow them to continue to operate.
Reverend Gibson: I want to state to the Chief, and I want
you to have a meeting with your police staff, and tell theta that
we are talking about the spirit of that law. I know how a lot
of those guys could indiscriminately use the intent of this
Commission. I just want to tell you what my reaction is going
to be, so you are going to know in advance. If they come up here
and they don't have a good case, I am going to be the first one
to ask the City Manager to take the necessary action, whatever
that means, to ask you to fire him, because he is being unkind
and unjust, and taking advantage of the public. I hope you
understand the intent of what I am saying. I happen to know;
and I want law enforcement, but I want men to be treated right
and fair; and I don't want them to bring all blacks up here and
leave all those other folk out there; you understand what I mean?
Chief Garmire: I understand what you say, sir. I under-
stood the Commissioner to qualify it by saying upon conviction
in a court of law.
Mr. Plummer: Yes, Chief. I don't believe it is within the
purview of this Commission to circumvent the court of law. Each
man is entitled to his day in court; and the procedure that we
followed in the past, that if they were adjudicated there first,
it then comes. I am not saying that he has got to be found
guilty in the court; I am not saying that. I think it should
be the rule to be followed; that the court has found them guilty;
and if you want I think that is a good clarification. I'll make
it in the motion that if they are found guilty in criminal court,
then they must come before this Commission for a hearing as to
whether or not they can continue to operate.
Thereup3n the following motion was introduced by Mr. Plummer,
who moved its adoption:
MOTION NO. 74-73
A MOTION REQUESTING THE CITY ATTORNEY
TO PREPARE AND SUBMIT TO THE COMMISSION
FOR ITS CONSIDERATION A PROPOSED ORDI-
NANCE WHICH WOULD PROVIDE THAT ANY
LICENSED ESTABLISHMENT IN THE CITY OF
MIAMI, THE OWNER OR OPERATOR OF WHICH
IS CONVICTED OF ANY VICE VIOLATION BE
REQUIRED TO APPEAR BEFORE THE CITY
COMMISSION AT A HEARING TO SHOW CAUSE
WHY ITS LICENSE SHOULD NOT BE REVOKED
Upon being seconded by Reverend Gibson the motion was adopted
by the following vote - AYES: Reverend Gibson, Mrs. Gordon,
Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
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Mayor Ferre: I want to make a clarification before I for-
get. It was Made ten minutes ago. Father, you used the word
harrassment on several occasions, and then it was selective
enforcement; and I am a little bit concerned because, Mr. Lloyd
and I have talked, and I have used the word just as often, and
every time I use it Mr. Lloyd turns pale --he is pale right now --
and he keeps saying don't use that word publicly, Mayor, be-
cause we are going to get in trouble and then it's going to be
part of the record, and I just want for the record to clarify
what we are talking about, because it can be misinterpreted, is
under the law, OK; we are not talking about illegal harrassment.
I.am.not talking about it; father Gibson is not talking about it;
nobody on this Commission is talking about illegal harrassment.
We are talking about friendly persuasion under the law.
Reverend Gibson: One other comment: Maybe we, the Commis-
sion, could help this situation. I think, maybq we ought to
express to the court in just a friendly conversation with the
court. There is nothing wrong with --I don't know about the
Commission; I know you can do that as a clergyman --and you see
I can only speak out of my background --but if we are having all
these problems where a person walks in one front door and comes
out another, I think we need to express that concern. I don't
think we need to only leave it to the Police Department. I
think we, the Commission, in the name of the citizens, ought to
express the concern that we have for the abundance of generosity,
say, for lack of another word, in dealing with some of these
matters.
Mr. Plummer: Do you know when the problem got bad here? Got
really bad. The day that Atlanta, Georgia, changed their rule
from three days in jail and $25.00 fine, to a $500.00 fine and
thirty days in jail. Forty-eight hours later Miami was beseiged
with Atlanta's problem.
Mayor Ferre: Well, we are going to send it back to them, and
that's exactly what Mr. Jack Lloyd is preparing.
41 B. REVIEW OF POLICE OPERATIONS (CONT'd)
Mr. Plummer: Mr. Mayor, I will profer both of these to the.
Chief, and if it maybe might be best he can reply to them in
writing, and then if it doesn't answer or satisfy my questions,
then I can bring them up at the next Commission meeting. Number
one;'I, for some time I have had a flaw in the back of my mind,
or whatever you want to call it, and I spoke this morning with
Mr. Andrews before this meeting started. I am referring to what
was in the paper this morning about the computer for the Police
Department. Mr. Andrews and I both agreed, rather than to put
you up here, that it would be better to invite to the next
meeting S.R.I., the group who have proposed this computer, and
I will acquiese to Mr..Andrews' feelings as long as I have the
assurance that at the next meeting, February the 6th, that S.R.I.
will be here, and somewhat give justification for a three million
dollar computer solely for the purpose of the Police Department.
Is thatin accord?
Chief Garmire: I think that would be too early, sir.
Mr. Plummets All right; how about the 28th.
Mr. Andrews: Yes. May I include --and this is the two
minutes --that we make this a full presentation, and not only
limit it to just the computer.
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Mr. Andrews: I am going to recognize you for that, because
you and 1 talked about that.
Mr. Plummer: Now, my other question, Chief, something which
was brought before this Commission --you were not here, but I am
sure you know about it --and that was the group that game here
that called themselves the commanding officers group. Is that
what they were referred to?
Chief Garmire: Captains and Lieutenants.
Mr. Plummer: There was a point very clearly made that a
number of these gentlemen who had studied for the exam to make
captain feel that they have been, directly or indirectly, slighted --
whatever the word is --by the fact that at the time they took the
exam, it was known by you or Mr. Andrews, or both, that there was
no way that they were ever going to be able to be promoted to the
rank for which they had studied. Chief, I am not asking you to
go into it now. I will be more than happy if you want --and Mr.
Andrews --that you refer to it in writing, and then I can look it
over, and if I am satisfied it is a moot question. One accusa-
tion that was made --I shouldn't say accusation; one statement
that was made by one of the officers --was that he studied some
800 hours to take this exam., and that there was no way he was
ever going to make the position for which he was studying. I am
perfectly willing to let this go and let you reply to it in
writing, if that's what you want.
Chief Garmire: I can do it either way.
Mayor Ferre: Do it writing, so we can move ahead. Any other
questions?
Mrs. Gordon: I do. Chief, can you tell me, bring me up-to-
date on the rape center, and how you are handling the police
portion of it; the squad, or do you have a squad?
Chief Garmire: We don't have a squad for rape exclusively.
I would like to report to the Commission that we have met with
the task force and the authorities of Jackson Memorial Hospital
all the way from the Director of the Hospital right on down
through the echelons there; we are in the process of designing
orders and standard operating procedures. I have assured these
people that it is our intent to cooperate with them 100%; we
are taking people there to the rape center for accommodation,
and I see no problems whatsoever. We had a little false start
on the center in that we attempted to take someone over there
and found that it was not functioning yet. However, I believe
that has been changed and I think it is available to us, and
we are using it every time we get a complaint of a rape.
Mrs. Gordon: Chief, I want to make a recommendation, and I
hope you will consider it. I would ask you to establish within
the City of Miami Police Department a special squad of approx-
imately five officers who will have specialized training in
answering these calls and handling matters related to rape
cases. The county has established a team of ten women officers.
The officers we select will be consulted in matters within the
City's jurisdiction. A thorough working knowledge of the rape
treatment center recently opened at Jackson Memorial Hospital
1-24-74
Hospital would initiate the training; and I hope you Will con• -
eider this approach, and it would facilitate the operation of
the center and the victims being subjected to less of a trauma
than they would be ordinarily.
Chief Garmire: Mrs. Gordon, I'd like to just comment for a
moment on that. When I said before we don't have a rape squad,
per se, I meant that. We have a number of people in our depart-
ment, usually referred to as the homicide squad, or unit,
basically who do the follow-up investigation on rape complaints.
It iS impractical to try to have anyone available any time a
rape complaint comes in to go out and make the original contact.
In order to alleviate any allegations of insensitivity, or
failure to be empathetic, we hope to have a rather extensive
training for all of our people, so they will know better how to
handle it at the inception of the complaint; following up by
trained people, then, who can go and get with them at the rape
center and continue the investigation at that time. We recognize
this as a very serious crime, and one with tremendous trauma,
and we are going to do everything we can to alleviate some of the
allegations tint have been made about the insensitivity of the
police. It's a fallacious allegation, but nevertheless we are
going to do everything we can to dispel the rumors.
Mrs. Gordon: I would like to ask you if, within the homicide
division that you spoke of, are there also women in that division?
Chief Garmire: Yes, we have.
Mrs. Gordon: How many women are in that, comparatively speak-
ing?
Chief Garmire: At any given time we have two or three
women available.
Mayor Ferre: Chief, let me ask you this question --and I
don't want to bring out any specific case, but I talked to Mr.
Andrews a week ago about the case of a woman that was raped in
the downtown area, and I had a phone call about the fact that it
took four and a half hours to process this lady, and she evidently
was not taken to the rape center until after she had been booked
and gone through this whole --and that's, as I understand, against
what we had established.
Mr. Andrews: I did look into that, and I did talk to the
Chief at length, and I'd like him to describe the facts as they
occurred, because ---
Mayor Ferre: No; I don't want to get into the specific issues.
A11 I want you to tell me is that the facts were told to me in-
correctly, if that's the case, or ---
Chief Garmire: Mayor; they were not facts; that which was
related to you was not factual in most any aspect. I would be
most happy to explain it to you personally, but certainly not
at a public forum, but the details of that are much different
than---
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1
Mayor Ferret All right, Chief, I don't want to get into the
specifics of that case. The only thing that I want to get into
the specifics of is the procedure, or the policy, that if a
woman calls the police, or is involved in any rape situation,
that she is first taken to the rape center,
Chief Garmiret That is the policy.
Mayor Perre: And I want to make sure that that policy is
not violated in any way.
Mr. Andrews: To clear the record let me make just one pint.
When 'that occurred in this instance that office was closed, and
they did the next best thing immediately thereafter.
Mayor Perre: All right; any other questions?
Mr. Andrews: Two minutes. The S.R.I. Report. I'd like to
begin on the 28th when that is scheduled with a full presentation
as to where we stand as far as the architecture of the building
is concerned; a full explanation of not only the computer aspects,
but other aspects of the study that is going on, so that the
Commission is fully apprised of everything that is proposed at
this date for the modernization of the department, including
where we stand financially in reference to the total twenty mil-
lion dollar bond issue.
The Mayor announced that the Commission would now hear from
the two persons scheduled to appear on this matter from the
community, Mr. Arthur Ettinger and Mrs. Annette Eisenberg, and
after informal discussion as to the limitations on the character
of the presentations and the time limits to be imposed, Mrs.
Eisenberg appeared and made the following statement:
Mine is not a personal grudge. If you think that wanting to
stay alive is personal, then I guess I am going to have to ad-
mit it's personal. On December 20th I had questions prepared,
but of course the Chief was not here; he was excused that day,
so I took the occasion to leave these on your desks when I was
in the office; and because I wrote them I am going to say them.
I will start with the first one, and as you know, the contention
of Mr. Pateet and I, of General Printing, because we work as a
unit, is that we have a bankrupt police department, administra-
tively. My first question of the Chief. Perhaps some of our
administrative problems exist due to the frequent trips you
make out of the City. How many working days were you in Miami
during 1973? Chief, you said you have dedicated men ---
Mr. Plummer: Wait a minute, Mrs. Eisenberg, Excuse me. Was
a copy of this furnished to the Chief?
Mrs. Eisenberg: I gave it to him today. I sent it to the
department before today, too. I don't know if he received it.
Mr. Plummer: Uw is he going to answer this if he just re-
ceived it today?
Mrs. Eisenberg: I'll wait; I'll take it in the mail. Chief,
you said you bad a group of dedicated men. Are you dedicated
to them? On. July 22, 1971, I ---
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9U
mayor Ferret Mow, wait a minute, Annette, I have to.--iwe are
not going to get involved here in,personalities. If you want
to address general questions to the Police Department; but this
is not an inquisition. I am not going to permit the Chief to
stand here and go under an inquisition. Now, you de -personalize
the questions.
Mrs. Eisenberg: All right, then let's go on to the report
which we were handed here today; but I will ask one question.
I asked it in '71; this is '74. I think I have the right to ask
it because it has never been answered. On July 22, 1971, I
asked you how you intended to handle the serious morale problem
within your department. Today, July 24, I ask you again what
you intend to do about the morale problem which still exists
and which affects every citizen in the City of Miami. All right.
Today I handed each one of you gentlemen a report of follow-ups.
I handed the police and his staff the same report. It was
drafted by Mr. Peteet. I hand delivered it in as much as I am
on the agenda, and as I said, we work as a unit. The title,
Two More Police Debacles. We in Edison Park are not getting
the police attention we should --and I will not read this word
for word, since you have it --but when we called the police three
separate times, three separate telephone numbers, and tell them
that there is a man running around with a shotgun out to kill
somebody, and we get no response, and then when finally forty
minutes later a back-up car arrives and tells us we are just
the back-up car. When we call the police complaint room and
tell them the license number of the car they do nothing about it,
and the man is running around with a shotgun all over the streets
right in front of our store. The Police Major sends a Police
Sergeant to investigate. This takes place at four o'clock. By
eight, fifteen at night they gave us the name and address of the
man, because we told them where to find him, and tells us if we
want to prosecute here is his name and address. But the police
did not respond within the three or four minutes that they say
they are going to respond. They could have caught the man. Now
we were told it's a bad time to call; we didn't have any cars.
We took the occasion to visit with Mr. Andrews. Mr. Andrews sug-
gested that we visit with the Assistant Police Chief. We did
that; the two Assistant Police Chiefs and the secretary. We were
told that they would run the tapes; another Watergate affair --
and we would hear from them. We never heard from them. Do you
have it?
Mr. Andrews: I have it.
Mrs. Eisenberg: Fine. There were other occasions in Edison
Parkisince then, and they are recorded here in this report that
Mr. Peteet did get for us today. We don't get the response.
The three to four minutes that the Chief says it takes for his
men to come out is not a fact in Edison Park. We ask for ample
police protection. We ask for men to be sent out when we des-
perately need them. We ask the police department and the
Commission to find out why the police are not willing to put in
a day's work for a day's pay, and as I told Mr. Andrews, and I
tell each and every Commissioner here, you take the man off the
street; take his name plate off of him; ask him what's wrong
with the Police Department. They will tell you. We must have a
problem if we have nine violent crimes in January. We must have
a problem if we can't solve any of these crimes. Why not ask
�1
1-24-74
the men who are directly involved? Let's not wait for statistics
at the end of '74 to tell us how many violent eritines we have had.
Let's ask the men out on the street what the problem is; let's
not ask the people who have to write statistics and reports, and
people who have to make excuses. Ask the men on the street what
is wrong with the City of Miami Police Department in January, 1973.
I operate behind locked doors, and i am tired of it, but I know
that unless one of the men that I know, or the three wheeler is
around, I don't have any police protection, because I'll call
and I'll wait the forty minutes or the hour, or the four hours
to find out what was going on. We get an awful lot of response
after, but we can't get any response during. Now, if the police
are afraid to come out, there's a reason why they are afraid.
Let's find out from the. men on the street what's wrong with the
City of Miami Police Department; and I'll answer questions.
You can put me on the carpet.
Mr. Arthur Ettinger: The hours and hours I have sat in this
room waiting for the opportunity to talk, and I have fifteen
minutes. I don't think it's fair, but you have the voice, so
you set the time. I, in the first meeting in December, gave to
the City Commission a list of questions to ask of the Chief of
Police. I think courtesy dictates that the Chief should be
here now, so he can answer them.
Mrs. Gordon: He is; he's back there.
Mr. Ettinger: I mean he should be over there, so I could
ask questions. I am talking about the first meeting in December.
You said to me that I will not ask the questions of the Chief;
I will ask them of you.
Mayor Ferre: That's right.
Mr. Ettinger: I wanted to ask those questions when Commis-
sioner Plummer said, due to the apparent length of the sheets
of paper that I had, would I commit them to writing. I put them
in writing. This is two months. I still haven't had the answers
to those questions. You tell me why?
Mr. Andrews: Chief Garmire has these questions, and there
are fifty -some of them, any one of which does require an exten-
sive answer. I am sure that Chief Garmire can inform us as to
where he stands in answering these. I have read through every
one of these, and some of them are complex in order to answer,
and I can't give you an exact time when Chief Garmire will be
finished answering all of these. Some of them are very personal;
some of them, maybe, should not be answered at all.
Mayor Ferre: I think that is a judgment, Mr. Andrews, that
you and the administration are going to have to make, because
as I stated earlier, we are not going to get involved in personal
gripes, personal complaints, or personalities, because that is
not the role of what we are trying to achieve here.
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9i:
f
Mr. PlumMert tet me ask this question, Mr. Mayor, because it
was so noted. Mr. Andrews, as 1 recall, at the bottom of this
questionnaire proffered by Mr. Ettinger it was eo indicated that
he was invited to come down to the Internal Security Section of
the Police Department. The inference that I derived from that
was so that they could go over these questions. Now, did that
happen?
Mr. Andrews: I had --and Mr. Ettinger, with your permission
I'd like to address the Commission --Mr. Mayor, after these
questions were raised and transmitted, Mr. Ettinger came into
the office to find out when he was going to be scheduled on the
agenda, and I told him at the time that it was my understanding
that*the Commission had directed that he present his questions
and that he would get responses for him, and it wasn't necessarily
so that he would come back at a City Commission meeting once
again, and I said in reviewing every one of your questions, I
had the impression that you were relating to a personal problem
that you had; and he said, yes, I have approximately another
150 questions that I wanted to ask. I said, if that's the case,
then I would like to make arrangements for you to go to Internal
Security to see if there can be some direct assistance with
reference to the particular matter that he is concerned about;
and he agreed to this. I made arrangements, and he did go to
Internal Security, and saw Major McGlaughlin. Am I correct in
that?
Mr. Ettinger: Well, you have spots in there that aren't, but
go ahead. I'll explain it.
Mr. Andrews: He was, therefore, to answer Commissioner
Plummer's question, he did go to Internal Security, and it was
out intention to try to give assitance to him.
Mr. Ettinger: When I went to Internal Security -- the first
thing; when I left here I went to Mr. Andrews' office to get
the answers. Mr. Andrews said that he had not had time to read
them entirely, and therefore he had not submitted them to the
Chief. I, at the time I presented them, and was supposed to
give them to Mr. Andrews, I wasn't aware that Mr. Andrews was
going to read them before he gave them to the Chief. So I found
on the agenda that day when I wanted to present it, that the
Chief's name was on it, but that the Chief was not going to
be present, and my name was not on it. I told Mr. Andrews the
story --and you have the copies of it --that the personal matter
was not the personal item that was wanted. It says on there
plainly and distinctly that what I want is I want the Chief
fired, period. Now, let's put the thing the way it belongs. We
have people that come up here and complain. We have a police
department that is in a brutal shape. I have a business down
there that when my wife passed away on the third of July I closed
it, because I wasn't going to be open. We were supposed to have
an hourly check on that place. I went down there on the llth or
12th of July to see what was going on and whether everything was
all right, and the place was wide open, lights on, and the place
was robbed. Now this is on a public street; NE 2nd Avenue at
10th Street, and here is a business place that somebody went in
and just cleaned it out. I didn't enter the building. I went
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9.3
a:
down to the corner on the signal light phone and I called in for
a policeman. The policeman came; looked at its -oh, t don't know
how they got in; I don't know what it is; they probably just got
in. All right, they broke the doors to get in; they broke and
entered the building. Now this place was supposed to be under
an hourly check by the Police Department. Here it is eight days
after it is closed; the place is wide open and cleaned out.
After much discussion; we had a policeman come --I told the man,
get finger prints. I finally sent for a fingerprint man. They
. said, well, we don't know; we just can't find anything; probably
winos or something, broke in and took what they wanted. But when
I lose thousands of dollars worth of merchandise and machine
equipment, I want to know more than it's just a wino. We come
to the point now that on the loth of July, while the place was
supposedly closed, somebody made a telephone call to Pensylvania
on that phone for eleven dollars on my charge. When I got my
bill I called the Police Department, and a police officer came
down and I explained to him the situation; showed him the bill.
He took the information. To this day I haven't heard anything
about it as to whether they found the man or didn't find the
man. We had previously, before we moved --and incidentally the
property I had before was the property which you took for the
Police Department --while we were there we had caught two people
who had came in the place and stole the money; held them for the
police; gave them to the police; the police took them in. They
went to court. Whatever happened we never knew, so one day we
asked one of the policemen on the patrol what happened to it.
Well, we'll find out. They took them to court, and the court
turned them loose. We wanted to know why. If we hold people,
particularly and hand them to the police, don't we get called
to go to court. Never a word. I finally found out that the
answer given by the court when they let them go was that they
had children, and if you put them in jail who would support the
family. When they come into my place and they steal from me, who
do you think is supporting them, if I don't catch them. Now this
is wrong. I could go through this thing --I could stay here for
three hours and go through this thing and tell you what's wrong
with the police department.
Mr. Andrews: This doesn't become a policing matter at that
paint --and I understand what Mr. Ettinger is saying --but the
court took an action which is beyond the power and scope of the
Police Department. There is some other way that this must be
approached, or his problem might be reviewed or looked at, but
the police in that instance did what they were supposed to do.
Mr. Ettinger: But you are talking now about dahg something
with the court. This is something you have got to take and talk
about. This is amunition. If you need it, I'll go talk about it.
I believe the same as these people do. We have got a building
down there now. It has been closed since July. I just didn't go
back to work; that's all. There were four stores in that build-
ing. Since July they burned out the first store and put it out of
business; they burned out the second store and put it out of
business; they burned out the third store and put it out of
business, and about a month ago the fire department was coming
back from a fire and saw my place on fire, where they had broken
in and then lit a fire in the doorway. Now this is not right; and
when we tell them that they have drunks sleeping in these buildings,
and the police tell us that there is nothing they can do about
1-24-74
the drunks, I say that's wrong. Now if a drunk is out in the
street and you can't pick him up because you are violating his
rights, that's one thing, but when he is on my property, and
I have got theft and I've got fire, and I 've got burglary, and
he is on any property you arrest him. He has no right on private
property, and if I'm wrong, you tell me.
•
Mr. Andrews: I can't answer that question, Mr. Mayor, at
this stage, and I don't know if the City Attorney can.
Mr. Plummer: If he breaks into this man's place of busi-
ness he can be arrested, isn't that right?
Mr. Lloyd: I can answer the question. It depends upon
the circumstances. In the first place, if the police see a man
commiting a misdemeanor in their presence, regardless of where
it occurs, they have the right to arrest the man. Now, if they
have reasonable grounds to believe that the person about to be
arrested has committed, or is committing a felony, they have a
right to arrest the man. If these circumstances are not such as
to lead to these conclusions, they do not have a right to arrest
the man.
Mr. Ettinger: You mean to tell me that drunks can stay in
my building; cause fires in it --and they are doing it; they are
sleeping in it now. I went by there this morning and the drunks
were sleeping in it and nobody bothers them. Now what right
have they got on private property if they are drunk?
Mr. Lloyd: I think I have answered the question as well as
I can. I don't believe that I can indulge in specifics because
I don't have sufficient facts before me.
Mr. Ettinger: I think the facts are sufficient. When you
say that a man that is drunk can stay in this place, and they
are continually causing fires --you go look at the fire record --
and they have got where they have been back there continually
with fires. I don't say that this man I saw this morning started
a fire, but he has got no right on that property. He is not pay-
ing the taxes for that property. If we have, we have got a
problem here. You tell me I can't have a gun to protect my
property; yet I can't have the police take a man off my property,
tell me what am I doing?
Mr. Lloyd: It's difficult to answer this, but if under the
State Statute the man is determined to be drunk he may be arrest-
ed for drunkenness.
Mr..Ettinger: What about the entry; where he has no right to
be on the property? He's on private property where people are
paying taxes.
Mr. Plummer: When you saw the man drunk in your building
this morning, did you call the police?
Mr. Ettinger: I called the police and they told me they
don't arrest the drunks.
Mr. Plummer: They did? Gee, I've seen them arresting a lot
of drunks.
1-24-74
Mr. Ettinger: Well, they sure don't arrest them down at my
place. I am moving the darn thing out of there, because 1 just
Can't put up with it any more. We just had another brews --in the
other day, There is a,question I would like to know. This is
general. We had --the Stanford Research Institute, which you
were talking about before, made a survey of the police depart-
ment, and recommended overhauls of the police department. How
these articles of overhaul by the Chief of Police; are they part
and parcel of this S.R.I. report?
Mr. Plummer: Why don't you come here on the 28th. They are
going to make a full report on it,
Mr. Ettinger: I mean the things that we are talking about
now. We are talking about percentages. Another thing that irks
me no end. Gentlemen, in the semantics of the English language
percentages are the greatest thing in the world. If we had two
men jump off a building in 72, and only one jumped off in 73,
we had a fifty per cent. showing of increase in our better police
relations. That isn't what I want. I don't want percentages; I
like figures. It's nine hundred and one against eight hundred
and ninety-nine. Then I understand it, and so does everybody
else. You know everybody else here probably doesn't have the
same education. Everybody here doesn't speak in the same
language. Some people speak in three letter words; some people
four letter words, and as our City Attorney just said before, he
explained it the best he could. He explained it in legal language.
Now, how many of you went to law school and could understand the
legal language? Now, we have more problems in our police depart-
ment than you can shake a stick at, but all we get up here is
percentages. I would like to know what happened to this report
which was on Channel 10, in Television, of the prostitute busi-
ness with the police officers. Answer the question as to what
happened to them. Why did they finally dissolve the Internal
Security Section of the Police Department and place in new men?
In fact, they put back Major McGlaughlin, who had formerly been
in there, who the Chief took out of there when he came to town.
Mr. Plummer: Art, you have got to understand one thing.
These are questions that you rightfully have the right to ask,
but, you know, we have nothing as far as control over that. That
is solely the purview of this man and that man.
Mr. Ettinger: Which one of those two men are you talking about?
Mr. Plummer: The tall one here (indicating Mr. Andrews), and
the grey haired gentleman known as Bernard Garmire. Now, that is
administrative authority, which they have sole purview over. This
Commission can only legislate policy to the extent that if this
Commission, or any of these Commissioners, in any way delve
into the administrative side, they are subject to removal from
office.
Mr. Ettinger: Where do you talk about a Chief of Police who
you feel isn't doing the job? Where do you go with it?
Mr. Plummer: Here's something you might not know --and I am
not inferring, and don't read anything into what I say --if this
Commission today says they want that man or any other department
head fired, we can't do it. We either have got to convince this
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man ( indicating Mz.'Andrews) that he is not doing the job, and
then he will fire him, or then we have got to fire him (indicating
Mr. Andrews), but we do not have the authority to fire any depart
ment head. Do you know that?
Mr. Ettinger: But if Mr. Andrews hires the Chief, or as Mr.
Reese did, and the questions which I have portend to that, I'd
like you to tell me --now I gave Mr. Andrews these papers. Mr.
Andrews says it will take a while to get them. I don't know
whether I will be alive tomorrow to get these answers, or when
am 1 going to get them. I don't want to wait until a year from
some Christmas. We have got a problem now. This is what I want
settled now.
Mr. Plummer: W. Mayor, can I offer a suggestion; because I
read over the questions, and Art there is no question that some
of these things that you have raised are personal, from what I
am interpreting. I would like to see, maybe, this happen; that
someone who is an independent; that is not related, sit down
with his list of questions and mark which are personal and which
are not, and the remainder be submitted to the Chief for answer.
Mr. Ettinger: I have an objection to that. I made those
questions for the Chief. I didn't make them for Mr. Andrews.
I made them for the Chief. Now if the Chief doesn't want to
answer the questions, all he has to do is draw a line. Then I
know what I have to do.
Mayor Ferre: The problem is, Mr. Ettinger, that you have to
direct your questions to me, the Chair, and then I will direct
them to that man over there, the Manager, and then he will have
to direct them over to the Chief, so you can't go directly to
the Chief.
Mr. Ettinger: I didn't say I wanted to go to the Chief. I
turned the questions in as you directed, and if Mr. Andrews has
still got them, let him give them to the Chief.
Mr. Plummer: I made the suggestion that this list of ques-
tions that Mr. Andrews said were personal questions, let him be
the deciding factor to delete those from the questionnaire, and
the remainder give to the Chief.
Mayor Ferre: All right, I accept that.
Mr. Plummer: I think that is fair.
Mr. Ettinger: When am I going to get the answers I am looking
for.
Mayor Ferre: It is in Mr. Andrews' hands, and he has turned
them over. When do you think we will have answers, Mr. Andrews?
Mr. Andrews: I can't give you a specific time without consult-
ing with the Chief. I don't want to say I'll have them tomorrow.
Mayor Ferree Nobody is asking you to have them ready tomorrow,
but the point is that these are reasonable questions, or some of
them are anyway, from a citizen who wants some answers, and I
1-24-74
think he is entity to them. He certainly has had the patience
and the persistence to press on; so 1 think he is entitled to
some kind of an answer.
Mr. Andrews: Today is the 24th. I will have them prior to
the City Commission tweeting of the 28th.
Mayor Ferre: All right, Mr. Ettinger, at that time you will
be given in writing the answers, and I am sure we will be hearing
from you again.
Mr. Ettinger: Do you want the rest of the questions, or do
you want to answer those first?
Mr. Ferre: No; why don't you give the rest of the questions,
so that we can have the benefit of the all two hundred questions.
Mr. Ettinger: I am afraid that what he has got there will
take long enough. I have a lot of questions here --and I will
give them to you.
Reverend Gibson: Mr. Mayor, then at that rate you need more
than the 28th of February. Maybe you need to talk about March
or April.
Mr. Ettinger: With all due respect, Reverend Gibson, if we
were fighting a battle we sure would be in a mess if we had to
wait that long to get our supplies and what we want to know about
them.
Mayor Ferre: My advise to you is that you leave those fifty
questions for now, and then later on if you want you can submit
the other ones.
Mr. Ettinger: I want to get those out of the way first.
Mr. Plummer: I hope that same theory will apply to Mrs.
Eisenberg's questions also. Let's clarify it so that the City
Manager will have the purview to go through and exclude those
that he feels are personaland surrender them to the Chief.
Mr. Ettinger: Will I be able to get those prior to the meet-
ing, so that I can read them?
Mr. Andrews: Yes. I said that I would try to have them ready
prior to the delivery of the agenda to the Commission, so that
would be five days prior to the meeting.
Reverend Gibson: I would hope that you would not overburden
this system with a thousand questions. If you have a question
that has some relevency and bearing on the operation of the City,
you will do exactly that. Now if you have a vendetta against
the Chief and you don't like him, it isn't within your province
to decide that the Chief is not qualified. That's what Mr.
Andrews is for, and what I think I hear, we are being judgmental,
1-24-74
and X would hope that we who live here and love this place, and
that's all of us, will not do that to the people we employ to
serve. Now, 1 hope you won't take that as an offense, but I
just don't want us to get into a position where we start a
vendetta against people and then the man cannot do his work. He
has the whole city to look after.
jrhereupon the discussion was terminated.
1-24-74
•
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4111140
Mr. Ed Claughton: Mr. Mayor and members of the
Commission, My name is Ed Claughton, we are here to
make a very brief presentation to you for our plan
for the development of Claughton Island. I mould
like to introduce Mr. Bob Poe to the Commission officially.
My partners and I have retained Bob Poe, who is a member
of an architectural firm, Day, Davis and Poe from Tulsa
Oklahoma. He is our project manager, project engineer
on the development of this island, and he would like to
spend about 10 or 15 minutes and give the Commission the
benefit of what we are planning.
I would like to express my appreciation for the
10 or 15 minutes you have allowed us on your agenda to
show you these plans, and at this time I'd like to introduce
Bob Poe to you.
Mr. Robert Poe: Thank you Mr.Mayor and Commission, it
is a pleasure to appear before you to discuss the project
that is extremely exciting and in our opinion for both
the developer and a great opportunity for the City of Miami.
This piece of property is of course well known to each
of you, being four or five hundred feet south of the Downtown
area. It is 44 acres in size, ----I will be talking for a
second before we switch slides, thank you, ---when the developers
the owners of the island, Ed Claughton, his sister Mrs. Matthews,
and the Pirates of Tulsa Oklahoma, and Palm Beach, began to look
at the island in early 1973, they asked us to assembly a team
of the most talented experts that were available to objectively
look at the piece of property. We did that employed the Firm
of Allen Borhee for the traffic studies, located in Washington
D.C. and in foreign countries as well. The land planners for
the firm of Gettys Brecker and Cunningham who did the
master plan for the Civic Center in Miami, they were also
selecte4 in an international competition to do the Master
Plan fo.r Vienna, Austria and they have other credits to
their score. The marketing work was done by Gladstone Assoc.
Washington, D.C. and Miami and the local firm of Connel Assoc.
did environmental, utility work and provided for local coord-
ination.
He stated the matter of traffic was studied very carefully
and throughout the study all ideas were considered in relation
to what impact each would have on traffic.
Mr. Poe: The first thing the Planner concluded after
a number of alternatives, was the development of a over-all
master! plan that indicated on the west side of the island
an office -park complex that would be very broad and expansive
with a great deal of landscaping.
In the center of the island a retail core was established
with a mall and at the north and south extremity, luxury
hotel sites were selected. The eastern portion of the island
was determined to be that area that most nearly suited for
residential occupancy, and this is the area selected for
bringing residential to Downtown Miami. On the western
side the island, the three squares represent office buildings.
The Mall concept we envision, being built in stages over
a period of years, where we have small shops on either side
1/24/74
Of a Mali, that is environlentaliy controlled with a
glaaa 64vering, it would extend approximately 1000 ft.
ini.length as each section of it finally snapped together
to make the whole, or approximately 6 years. We hleo
believe this part of the island will become the location
for some of finer restaurants available to Downtown Miami,
and will bring a new generation in public accoaodation and
eating in Downtown.
If you will go to north end of this retail area, you
will come to the lobby of the luxury hotel, and in the sub -
lobby we propose to provide a people ferry that will move
people north and south across the four or five hundred feet
of the Miami River that separates this island from the rest
of Downtown. We envision this activity taking place in the
lobby of the luxury hotel, and those of you who have been
to Atlanta and see the Hyatt House, would appreciate the
fact that the hotel is an attraction unto itself, and the
occupancy there averages about 103%, don't ask me how they
get the extra 3 % but that is the way it works.
We also anticipate and studying a people mover or
horizonal elevator, or whatever you want to call it,
somewhat akin to the monorail at Disney World, and you
would take the excalator down, and be able to use the
ferry to go from the island to the mainland for banking
during your lunch hour, or if you worked on the mainland
you would be able in turn to get to the island by the
ferry.
We think a great number of people will live on the
island that will work in the now existing downtown office
buildings, and retail establishments and professional
service organizations, and they will use the ferry to
g3 to work and home rather than drive a vehicle.
We envision the pedestrian walk continuing around
the island as you see here, with the various residential
structures separated from the pedestrian mall through
architectural technique. This will allow a great deal
of security to be brought into the apartment -residential
structures with the minimum of cost. The configuration of
the island by the way does lend itself very handily to
closed circuit T.V. so security can be very economically
obtained.
Then to look on top of one of the parking structures
at some of the residential amenities, we have illustrated
tennis, which will abound throughout the residential portion
of the island. Another interesting concept we believe will
be very successful in this project, garages for parking
are generally less than the most attractive, and we suggest
placing on the edge of these parking structures, townhouses
that would be occupied by residents, and you can see in this
drawing by looking straight down on the parking structure
on this roof we would have tennis, swimming and on the
edge of the parking structure, townhouses. This makes the
project more attractive when viewed from any direction.
We think the island is a very attractive place for
a marina. An illustration of it would be something like
this, (slide), and finally if you were looking due east
at the island from about 6 stories high, you would appreciate
how all 0 the buildings fit together and if you will look
at the white footprints of the buildings as you see in the
drawing, you can appreciate the wide open view you will have
by looking due east as you see here.
That is the master plan as it exists, we are going
to the F.Florida Regional Planning Counsel and to the
Planning Advisory Board and today, we are back to this.
1/24/74
10.1
!�Iiaquu�I 111111
•
We appreciate the opportunity to show you the project
and will be introducing you to it in a sure rigorous
wanner as we go through applications with the City.
We think in summary, that this is a rare opportunity
in the United states, to have a piece of property of this
site that is under one control so it can be developed into
a coordinated community. It is a great opportunity for the
owners and we believe it is a great opportunity for Miami.
I think bringing residential living into Downtown Miami
in a comprehensive well coordinated way, is appropriate at
this day and time, with the engergy crisis as it is, and
certainly with the increasing volume of automobiles by
residents living far distances from'their place of business.
We think there is a place in cities for development of this
density, which is about 1/5 of present downtown as it is
being developed. We think this is the location for it.
Thank you very much.
Mrs. Gordon: A project like this would take a long
time to develop. What assurance would the city have that
the development would progress as you envision it would.
Mr. Poe:That is a good question, and I think there
are several assurance you do have. We estimate it will
take approximately 12 years to develop, 10 to 12, in that
neighborhood. and would be developed by the construction
of relatively small buildings, one at a time, as the market
absorbs those,- new ones would come on, so it would take over
a decade. I think the assurances, that I can think of off-
hand are two in number, one the way the ordinance is written,
there are frequent review periods to insure that the concept
would not be varied as each building and its final plans
were presented to the City, so the City through its adminis-
trating staff would have a continuous review process, through-
out the development period, and I think the 2nd assurance
which probably is one of the best, is the fact that Prates
Properties, the people that own a great deal of the island
with the Claughtons, have a reputation that is quite well
known throughout the country for having high integrity
and for doing what they say they will do.
Mrs. Gordon: Mr. Acton, I heard reference made
by Mr. Poe to a ordinance which is being developed,
will you elaborate on that?
Mr. Acton: Yes, Mr. Poe stated, the developers
team has met with the Planning Department now for
about the last year, on and off, and we work very closely
with them, and especially as it relates to developing
the proper zoning ordinance to be applied to Claughton
Island. It is our intent to work with the consultant
selected by the development team, Fred , in
developing an island zoning ordinance, to be patterned
in a very similar fashion to the techniques that we have
used in'the P.A.D. ordinance. You did mention what
assurances we have, the island will be developed in this
manner. I think you were referring more to zoning, or land
use controls than to the particular developers and their
time frame of development, so we will be tying them to
a master plan of development, that would allow a certain
of flexibility, depending on the market conditions, but
it will be tied through a zoning ordinance, it will have
to be heard first by the Planning Advisory Board, will
have to come to the Commission, for adoption.
1/24/74
104;
•
Mre. Gordot►s It will be a Planned Area Develops ent
then?
Mr. Afton: It won't be the same, it will be a sitailer
technique, that will be applied to the island, as the
Commission probably knows, the present Boning on the
island, is R=4, and we had encouraged the developers from
the outset, to a certain extent develop a mixed use that
would afford the opportunity for those individuals that
wanted to live on the island, to also work on the island,
so they will be changing from an R-4 to a residential-
commercial development in a new ordinance that would
be applied to this island also.
Mrs. Gordon: One more question, then Father Gibson
has some questions for you. My question is, in viewing
the slides, I see the buildings are placed somewhat
behind each other, the towers are but I notice a lot
of ground coverage, and when you speak about being
able to have visual benefits by looking through the
towers, what about the ground level, is there any
area where the ground level is left open for visual
use.
Mr. Poe: At the extreme southern end of the island
that is the case of some extent, and other than that the
point I made about the office -park area, being the western
portion of the island, has a great deal of openers to it.
As I mentioned the average setback is about 150 ft. We
started out with the idea of trying to have open area
that did allow you to look all the way through, but actually
it just turns out to be totally impractical far everyone.
primarily centering around the fact that you do not have
a really coordinated project or coordinated neighborhood,
by virture of having segrated buildings that have their
own parking within them, and are free standing and isolated
unto themselves, and it just didn't seem the proper thing
to do.
Mrs. Gordon: The board walk that you showed us,
that was open to the public all around the island.
Mr. Poe: Certainly, it would not be available to
the public in our judgement in the reeiCer,t a1 portion
of the island. We certainly anticipate that it would
seem reasonable to have it available to the public in
that western portion of the island where the office
retail and that type of general public activity occurs,
during reasonable daylight hours, etc. and we are exploring
that general subject further.
Mr. Acton: Mr. Mayor I want to make one more statement
that Mr. Poe didn't allude to, and that is they will have
50% of the island open green space. In otherwords unencumbered
by any structure.
Mrs. Gordon: I'don't see how that is possible, from
what I saw here now.
Mr. Poe; 'that is one of the things we are talking
to him about, we can't quite come to that number yet
but it does depend a great deal whether you count the
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1 0 d
street Or not. 1f you Count the streets, ----
Mayor penes N'nlea5 the asphalt is green, 1 don't
think that is what we
Mrs►. Gordon: No. 1 don't think so either.
Mr. Acton: I should have said that it also includes
the perimeter walkway, that is open space, it is not
all green grass area.
Mayor Ferre: By open space you mean, open space
other than parking lots and streets.
Mr. Acton: So it is not encumbered by structures.
Rev. Gibson: Let me ask two or three questions,
No. 1, what do we the public get out of that? What
about parks and playgrounds and that kind of thing?
I think we have to be very careful from now on in.
That is an important thing, if you give something, you
get something, then you talk about, I see that bridge
you know, but how do you propose to get these people to
and from? We are struggling with a traffic problem, --
traffic from two ways, you know, how do people get to
and fro, where they want to, and need to get, ----along
with the fact that we just did something like 7h million
dollar project, ---I am wondering, is that going to help
me, or hinder me? I am concerned how I move those cars,
and any project that goes in, has to go in with the under-
standing that that is a real present danger, for us.
Mr.Poe: I want to quickly respond a little in
more detail to the traffic situation Father Gibson.
We hired the people we thought were the best objective
traffic people that were available to us, and certainly
one of the best, at least, they have given us advice throughout
as I did mention, and the analysis of traffic and its anticipated
number of turns and etc. is veryacomplicated scientific
subject, and therefore we went to those kind Of people.
They tell us based on certain assumptions, which in their
opinion are quite realistic, that our project will not
have an adverse impact upon the traffic, based upon the
standards of that profession, using that type of terminology.
For example they have assumed that 25% of employees on the
island will use mass transit by the 1981, and they did a
study for us in Downtown, and found that 25% are using it
today with the present type of mass transit.
Mayor Ferre: These are all things that have to be
taken to the proper governmental authorities for their
study and for their recommendations and I am sure Mr.
Acton will be going to Metro on this, ----
Mr. Acton: It has already been done Mr. Mayor. The
traffic is one of the problems that we still have to resolve.
There is some difference of opinion between the developers
team and ----
Mayor Ferre: All right Mr. Acton.
Mr. Plummer: Mr. Acton, this is not picking on you
but it is something you said that bothered me. You made
the statement that the island is presently zoned R-4 and
I am not trying to indicate 'my feel or that of the Commission,
10t* 1/24/74
•
but you Made the Statement that you had been encouraging
these people to use a Mixed zoning. Mr. Acton 2 believe
before you make Such recommendations to people, you had
better get some direction from this Commission. This
thing might be implemented, I might not be here nor any
of the 5 here, and if you go out and recommend`to these
p4ople something and they follow your recommendation,
and gets bounced up here, this Commission says no, we don't
want anything but apartments, then, ----do you see the point
I am trying to make, do you understand what I am trying to
say?
I think before you go recommending as a Planning
Director, anything, to a given group of people, that you
had better get some direction from this Commission, that
that is in fact what we would like for you to do. I can
see all kinds of lawsuits developing later where these
people say, Mr. Acton told us to do such and such and
we did it, and the Commission said no, no, --now where
are we. PO my knowledge this Commission has not in any
way, other than the action by Mrs. Gordon, that related to
any island of 3 acres or more, shall be under a Planned
Unit Development. This Commission has not made any policy
or any direction, to that island as to how we want it
zoned or how we would like to see it developed, or what
we will allow, so I am saying to you a word of caution,
you might think that from a Planning standpoint that that
is the finest thing that should be done, but I caution
that this Commission might not agree with you.
Mr. Acton: Mr. Mayor I think I can answer that. I
told the developers our thoughts on it. I also told them
that the first thing that they should so, as soon as.
the preliminary drawings are done, and these are strictly
preliminary, they should bring it to the Commission, the
Commission should have the opportunity to give their immediate
reaction to plans for the development on the island.
Mr. Plummer: Then you built in the safeguard?
Mr. Acton: There is a divergency of opinion between
the developer's team and the department in terms of the
amount of commercial, ----when I said that I thought that
they should put commercial on there, I was thinking in
terms of trying to a certain extent, self -contain the activity
on the island so that we would not have the traffic problem
that would be generated say if we intensely developed it for
residential, but I wanted them to be absolutely sure, that
when they made their presentation, it would come to this
commission, so this commission would have the first oppor-
tunity to give their reactions and this is the time now, if
they are going down the wrong track, to tell them. It is not
a matter where they have working drawings, developed, and
they have a big investment in the project.
Mr. Plummer: George the only thing I am saying to you
is, that I think before you recommend to anyone, or at
least if you do recommend, that you make that safeguard
built in. At first blush I agree, I think it should be
amixture of residential and commercial, but I can see the
fallacy if it doesn't cope that way, and the Commission
does a turn about and say no, build like it is, which is
R-4. It doesn't relate to you sir. I am cautioning our
1/24/74
.25
1O)
department of going on record of rending something
when this Commission has not given directions.
Mr. Poet Let me make one quick comment on this
subject. 2 think the word recoMmendation perhaps was
too Strong a choice of words. We were discussing as
we've gone through this, what seems to be the most
reasonable from a technical view point. I certainly
understand the legislative process as to the developers.
i was a City Commissioner in Norman a few years ago, and
sat on that side of the table, and I fully appreciate the
point you are making in every respect, and such event
have not occured prior to today.
Rev. Gibson: I want to put all of my prejudices
and vices on the table. We do have a lot of businessmen
in that area already._I don't think they ought to be
in a position to determine what we should do, but I
would want to get some reaction from them. You under-
stand what I am saying. After all they are there, and
they maintain and sustain what we have, understand? I
want you to listen to three words, maintain, mantane
and sustain. I am very concerned about it, then too
i want you to come under appropriate circumstances,
and conditions, --but I want you to understand what I
am saying, we just had some discussions here this morning
about people who want to do things on Brickell Avenue,
and I would hate to be put in a position where I want
to eat the whole hog with you, and didn't want to even
take a thigh with them, you understand.
I hope you keep that, in mind.
Mr. Poe: We are just now beginning to explain our
ideas of the project to various people and we wanted
to have you among the first. We do plan on showing our
ideas to a number of people that might be affected, ---
neighbors to the west, north and other areas, and you
can rest assured that we plan to continue that approach.
Rev. Gibson: One other thing before you leave, we
do have Bayfront Park. I hope somebody will show you,
what we have been thinking, and planning so what you do
will not be adverse, or will adversely affect, ---
Mr. Poe: I have a copy of Mr. Stone's master plan
on the bayfront park project, we are looking at that to
try to determine how to make it compatible, and I appreciate
that.
Mr. Plummer: When do you feel this will be going
before the Planning:? Board for the first determination?
Mr. Poe: We are hopeful that we will have an opportunity
to appear before them perhaps at their last meeting in
February,during the next month, we are optimistic we can
mark out the remaining details.
be?
Mr. Plummer: At that time, what will your request
Mr. Poe:For them to consider in effect an ordinance
that would establish a district, to zone pieces of property
of this size and uniqueness, and then after that reaches
1OU
1/24/74
your table, and is acted upon, hopefully favorably, then
the proceed would cause to be brought to you the rezoning
of this particular piece of property, to this new district.
Mr. Plumer: Mr. Lloyd isn't the power and authority
so designated under the present ordinances that we have
the right to change zoning?
Mr. Lloyd: As I understood this meeting today, wae,
if I may be permitted to ask Mr. Poe a question, this is
just an informative session of plans for the future.
Mr. Poe; That is correct.
Mayor Ferre: Any other questions from the Commission?
I have a few questions I want to ask. How many people in
your estimate, in what you presented here, would be living
on this island?
Mr. Poe: An ultimate development, if all units were
owned by owner -occupants, and they lived there, between
6 and 7 thousand.
Mayor Ferre: When you put the streets in, how much
net land do you have left from the 40 acres?
Mr. Poe: How much is open space after, ---
Mayor Ferre: Put in the streets, which you need, how
much land do you have left.
Mr. Poe : I have not calculated from that angle.
Mayor Ferre: Would you have 30 acres left, ----
Mr. Poe: I would say every bit of that, yes,
Mayor Ferre: Would the public aspect be as much
as half, Mr. Acton, how much is left on the
sites for building,
Mr. Acton: I don't have the statistics, ----
Mayor Ferre:This doesn't happen often in the City,
because you don't have large properties often, but the
County you have 200 acres of land, and you go in for
area development, and there is a procedure in all this,
and you end up with so many sq. ft. of net usable space.
Mr. Acton: As I stated earlier I was trying to establish
20 acres of land, open space I call it, this does not answer
your question.
Mayor Ferre: We are getting confused between oranges
and apples here because you have to take roads out first,
and the I assume you are talking about 50%, you are not
counting the roads; ---
Mr. Acton: No that is right, ----
Mayor Ferre: It would not be fair to them to say 50%
of 40 acres, because that is not right, then you are talking
:bout 20 acres, and you are not, that what I am trying to, show
Mayor Ferre: Ybu have 30 acres left and then you are
talking maybe half of that is 15 acres --that you are asking
for in green area rather than 20 acres, ----
Mr. Acton: That is right. ----
Mayor Ferre: What I am trying to come back to is,
what you have to build on is about 15 acres, if you do
what he is asking to do,----
.
Mrs. Gordon: i may be wrong, but looking at what I
saw in sketches, there is no Tway that you could say there
is 30 acres of open space there, or 20 or 25,----
Mayor Ferre:You see what I am going to, ----I think
you'd better somewhere pretty soon, you had better get
down to the nitty-gritty of numbers on open space and
acreage and what you have left, because I don't see
from what I saw there, from what you said, that does not
match. If you are going to build on 15 or 20 acres, I
abn't see how you are going to get 6,000 people on 15 acres,
of buildable property, unless you really go, - really
pack them in. I think you have some studying to do on
numbers, and I think before you get involved on the
planning process to go to the Planning Hoard, you had
better come back to this Commission, with some ideas
of direction and while we are on the subject, I think
these are the areas you have to address yourself to ----
one is density, which is what I am talking about now,
two, I think is the social obligations if you will,
or social impact, you know when you go out to the County
now, and you ask for a major development, they want to
know what you are going to do for the public. Dedicate
a little park there, are you going to leave green area
for the public, leave a place for a school? These fellows
are getting pretty, ----I wear the hat called 'government',
I wear the hat called 'private entrepreneur' and I have
been involved recently in some of these, boy I want
to tell you, I don't know how we do it in the City, but
the guys in Metro, they are hard bargainers, they start
asking for this for a fire station, and they want that
for a school, and that for a park, pretty soon they say
forget it, no way we can build this,
Rev. Gibson: What about a church,?
Mayor Ferre: When you are talking about 6,000 people
Mr. Poe, it is not the same as asking for an apartment unit
for 150 apartment units in the City of Miami, you are talking
about 6,000 people, and we have to think, are you giving
them recreationl areas, any green area, a place for a
school. I assuage you are not going to exclude children.
Mr. Poe: No, the type of residential that is contemplated
is not anticipated to have a high children population.
Mayor Ferre: These are things you have to get into
,sooner or later. I think the third area is transportation,
accessibility, 6000 people living there, --how many people
working,
Mrs. Gordon: Where did the 6,000 come from?
Mayor Ferre: I asked him, he said 6,000 people would
be living on the island.
106
Ira
s
Mrs. Gordonr That is a lot of people per acre
Mr. Andrtewas boss that include the residential
population that include the hotels too?
or ie that separate,—
Mayor Ferret Just people living in the residential
areas, but I am going to get to that in a Moment, let
us stick to the commercial aspect. How may sq. ft. of
office space would you imagine.
Mr. Poe:-- 1,400,000 sq. ft.----
Mayor Ferre: What is the rule of thumb, Mr. Acton
as to people per sq. ft. in offices, 1 to 300 or 1 to 400,
Mr. Acton: I think it is less than that, it depends
on the type of occupants of the office, I believe 1 per
150,
Mr. Poe: About 1 per 500 is what we are used to
using.
Mayor Ferre: The rule of thumb that I have heard
is 300 to 400 sq. ft. let's take 500 sq. into a million
five, is that 3,000 people? I tell you this, on that
1 Biscayne Building, which is a million sq. ft. they
estimate over 3,000 people, ---the two buildings put
together have one million sq. ft. and they estimate
over 3,000 people, as a matter -off -act, on parking
alone, the parking needs for those two buildings,
as you know, is calculated and well over 2500 parking
spaces, and that is why First Federal is building
that 700 unit parking lot back behind the Greyhound
Bus station. You don't have anywhere near the parking
they need. The point I am trying to make is, that I
imagine you are talking about at least another 3 or
4 thousand working people on top of the 6,000 people
that will be living in it. How many hotels are you
going to have?
Mr. Poe: Two, 300 rooms in•each,---
Mayor Ferre: 600 rooms, in an 300 room hotel, I can
tell you about that one, you will have over 200 employees,
minimum, so you will have 4 or 5 hundred employees in the
hotels, and I imagine you expect at least B0% occupancy
factor so you would have close to 500 guests, in those
two, so that is a 1000 people that would be there. We
are up to 11,000, how many people would be working in the
commercial areas, how many sq. ft of commercial are you
going to have?
Mr. Poe: 232,000 sq. ft. I make one point, and I
follow your thinking, but I think it's probably not
the best to assume that all the people will be in the
residences simultaneously.
Mayor Ferre: I am not saying that, and i don't
mean to be implying that, I am just trying to get the
total number at different times, obviously when the
people are there asleep, at night, the working people
will not be there. I know that. The total population
in and out, see. Let me tell you this, you know how
many people are working in the Downtown core area now?
1Oi
1/24/74
•
Mayor Ferret It is under fifty thousand, as f recall.
You know many people go in and out of Downtown every day
'due to the people that work there, 300,000 people. Office
space generatea traffic of people going in and out, to time
their attorneys, or visit the bank, or buy something, so the
point I am trying to make ie, you are talking about, on
40 acres, a major population of people going in and out
and living and working and traveling, and staying in these
hotels. and I think that all of that has to be very carefully
weighed out on the impact not only on the roads, but also
,on the services that we in the City have to render, police
service, fire, parks and recreation is a concern of ours,
and the impact of all this I think has to be, those
are the three main areas that I see you are going to have
to come back specifically to discuss with us, and I recommend
that you really do that you really do that before you go
into an awful lot of expense, in drawing your plans, and
start the procedure of the Planning Department, because
it doesn't make sense to me, for you to go through the
Planning Department when it goes contrary to the basic
policy of this Commission. You are entitled to do that,
but I think we have to think this one out together.
Now, lest you misunderstand, I don't want you to
interpret any of the things I've said as an indication
that I am against this project in any way. I want to say
this, that the City of Miami very badly needs residential
growth, especially in the core area, and anything that
lrings people to live in the Downtown core area or surrounding
area, I am for, Number One, Number Two as a matter of
philosophy, all these people who are advocates of controlled
growth, and I am one, and the advocates of,against urban
sprawl,--- I think you have to come to the realization
that you have to accept the fact that in certain core
areas or corridors, you are going to have higher density,
and it isn't, ---there is book that just came out, I just
received a few weeks ago, about planned area developments
and the impact of Planned Area Developments are so important,
it isn't how many people you pack in, but how oo u pack them
in, that makes the difference, and so I am saying this in
recognition of the fact that we cannot treat these 40 acres
in this island the same way being where it is, as if it
were for example in Coconut Grove, or 30 miles from downtown
Miami, so I recognize that, and I think that is an essential
part, but I want to repeat to you again, ----density, trans-
portation, social impact, services and one thing I forgot
to mention, and that is the impact• on a balanced housing,
and that is something that gets into thin areas and I don't
want to get into a big discussion on that now, but I think
we have to consider, the areas of a balanced residential
community. I am not saying you have to have low cost housing
but I am saying that Downtown Miami has to have, and the
whole area has to have a balanced residential picture, and
you know, everybody you talk to agrees on that, but they
says not on my property, or not near my property, and if
everybody, all property owners were left to vote on
it, then you would not have any medium or low cost housing.
Don't misunderstand, I am not saying that I am in any way
proposing, that you have low cost housing, in tht island,
,but I am saying that we have to consider thatin the overall
area, and it is a difficult problem. Those are the four areas
that I think we eventually are going to have to address ourselves
to, and the fifth one, is what he just pointed out a while
ago, is how far do we want to go, Father Gibson also alluded
to it. How far do we want to go in the commercial, and into
office buildings 240,000 sq. of commercial and all that'so
1 U 1/24/74
dose are 5 areas. 1 think we have to address ourselves to
sooner or later. and I recommend that we do it Soon so
then you would get the consensus, of first the community
Which I am sure you will get, from the reports on this
and then from the commission. Then from there you can
proceed to go through the Planning procedure.
Mr. Poe: It is your feeling that we get on the
agenda to speak to these point in more depth?
Mayor Ferre: Isere is how I recommend you do it,
think you ought to get together with the staff and
go with your consultants pretty much in depth, ----
I think this is a very important project, to the City
and in principle I am for the development of that area
some -bow. We have to define what that somehow means.
I think you have to start defining it, without any con-
clusions and without any commitments on our part, first
with the staff and then coming to this Commission to see.
about density, let's talk about this and that, how much
commercial, how much office, residential, I think we have
to address ourselves to it, in the same way Metro does
continually and this a rare property because there are
not that many properties that can take the thousands of
people this property can take. I think you are going to
have to satisfy this community on the distinction between
this island and other islands that have been in the public
eye in recent years, as you know has caused a lot of, ----
I see a lot of difference, but I think this is something
you are going to have to address yourself to sooner or
later..
Mr. Acton: Mr. Mayor I would like to state for the
record that what the developers are recommending to the
commission, instead of what the department would
recommend in terms of either density, or the distribution
of commercial, residential, in otherwords, it is not a
joint recommendation, is what I am saying , there are
disagreement between what they presented and what we would
recommend,
Mayor Ferre: I think we have to talk a little more,
and come back with facts and more difinitive answers
and then I think we have to get into it, and I for one,
and I am sure this would be willing to dedicate all the
time that you need to get some answers for you.
Mr. Poe: I would be pleased to do that, and I
am grateful for your discussion today and your offer
of just that. Many of the areas that you have suggested
we speak to you more directly about, we have investigated
in considerable depth, and could respond quite quickly to,
other I think we need to do some more work, and in any
event we certainly need to spend time with the staff after
this discussion today, and so we will do that, and will
look'forward to being back with you soon. I want to hand
out to you a summary of the project as we conclude our
discussion today, so you will have it, and we will go
from there.
Thank you Mayor and Commissioners, I appreciate the
change to appear before you.
Mayor Ferre: Thank you, Mr. Poe and Mr. Claughton.
111
1/24/74
11*
mailENANIATATION CENTERS
Mayor Ferrel flake up Item 25, this is the Drug Rehabilitation
Centers.
Mr. Andrews: The Committee hes been'appointed to assist the Plan-
ning Department as suggested and recommended by the Commission with
reference to the Rehabilitation Centers and the Committeee will
finalize their report to the Planning Director within the next week.
We will then schedule this matter for the City Commission and have
a full discussion as to their findings -and what might be proposed.
for appropriate zoning and control of the Centers.
Mr. Plummer: You'd better bring it back under conditional use.
Mayor Ferre: You were witness one more time, the other day to
the opinions of the neighborhood, and there was an article in the
newspaper this morning or yesterday that kind of verified that those
people aren't just whistling about it.
Ms. Eisenberg: Mr. Mayor, before you go on, I hope that the Com-
mission will seriously consider this. The article that appeared in
the paper today was a Rehabilitation Center in our area. This is
not the one that has come up before the zoning' matter, the Zoning
Department and the Commission:; not the one we were in court with.
This is another one.
Mayor Ferre: Mrs. Eisenberg, the point is that effects more than
one of these centers, and the problem is not just limited to one
place. is there anything else on Item 25 Mr. Andrews?
Mr. Andrews: No, that's it. Just to indicate to the Commission
that we are making substantial progress.
112
SHAttterAGREMICAttY ClIARTEILICIRREVERIS ,
Mayor Ferrel All right, take up Item 26.
Mr. Andrews: I received etropinion from Mr. Lloyd in reference to
the appointments, if you should choose to make the appointments to
the various agencies,which will be recipients of the Federal Revenue
Sharing Funds who.fall within the section of the Charter providing
for Section 97 of the Charter, providing the City shall have repre-
sentation upon the Board of Directors, Board of Management or other
governing body of such private or public charities. The City At-
torney indicates that it is not necessary for the Commission to have
a Commission Member represented on one of these Boards. The inter-
pretation is that you may choose one of the Members of the Board of
Directors or you may choose an independent person from the Board to
be the City's representative. What I would propose to do is tc
supply the City Commission with all of the various Boards, all of
various Organizations to which you designated funds. We have gathered
as much information as we can about the makeup of their Boards. We'll
supply the Commission with this information and then you can make
the decision.
Mayor Ferre: One other thing Mr. Andrews, I recommend that you get
all those 'cats' together that are in this room so we can give them
a little lecture.
Mr. Andrews: And I want to indicate that we have prepared agree-
ments with everyone of these Organizations to control the expend-
iture of funds. We hava in many instances not disbursed any funds
at all yet until plans have been submitted. Only in rear cases have
we made one payment for one month because of an emergency condition
in withholding the rest of the funds until the criteria is met.
Mayor Ferre: The point that I'm trying to make in a facetious state-
ment I just made a°imoment ago is, that I've seen on several occasions
and I think it's probably happened to me, I serve on the Interama
Board and I am certainly there representing the City of Miami.
Sometime there's a conflict as to what is best for Interama and
what's,best for the City of Miami and I've got to measure very
carefully to make sure, because I'm there representing the City of
Miami. Now I'm there to help Interama, but I'm also there to make
sure that the City of Miami doesn't get caught in the bind and it's
an important distinction. What I'm just saying that if we're giving
out money and we are suppose representative on all these boards I
want to make sure that all those people that serve on those Boards
are conscious and that there because they are there representing
the City of Miami. .
iir. Andrews: All right, then procedurely would you direct me what
you're wishes are. Do you want to make the appointments first and
after you've made the appointments then I'll send out notices and
assemble all of them here so that you can speak to them?
Mr. Plummer: Mr. Lloyd, correct me if I'm wrong. Wasn't this Com-
mission given the assumption at the time of dividing up these Fed-
.eral monies? Don't worry because one of the members of this Com-
mission has to be on the Board of Directors of any recipients of
these monies. Was I under a false illusion Sir, or do I have to go
to pull some more records?
1-:!I_ 1l!
Mr. Lloyd: I d 't recall, but if you weand 1 gays it to you
it was an erro n my part, because I havatheolted this Charter
thing very carefully and it says "That the City shall have repre-
sentation upon the Board of Directors" and it doesn't say how the
representation Will be implemented. Now of course if Members tf
the City Consnisaion wish to sit on the Boards why and express that
statement as a matter of policy, they may do so and the Boards of
Directors will have to accept this, because thisiis a condition
which the City Commission may impose as a matter of policy. But the
Charter doesn't definitely state that it must be that way and if I
gave that erroneous impression I was in error for which I apologize
and I am correcting it at this time.
Mr. Plummer: Mr. Ongie can start looking because I'm going to have
to remind some people of some statements that were made.
Mr. Lloyd: One other thing I might call your attention to, is that
also a detailed financial report showing all receipts and disburse-
ments by such charity shall be, it says here "to the Director of
Public Welfare" which is now the Department of Parks and Recreation
actually, isimply by deparmental shame, but that also has to be done.
Mr. Andrews: And that's clearly covered in our agreements, Mr.
Mayor and Members of the Commission. They have to supply the budgets
and we approve them and then the expenditures against those and we're
going to inspect to make sure that the funds are spent the way they
said that they were going to spend it.
Mr. Plummer: Well I just hope that this Commission doesn't and I
raise this flag of caution before, Paul, do you remember :a. sit-
uation downtown, a guy came in and made a presentation before this
Commission about what he wonderfully was going tt do for the Drug
Addicts in downtown, remember that? Remember what happened the
first day we looked into it. OK'I'm saying it again. That guy
hoodwinked this Commission; he made up all kinds of long distance
phone calls, the place was never opened and he hoodwinked, not only
this Commission, but the Orange Bowl Committee, who donated, I think
a $1,000 on the spot, and I'm sure hoping that the necessary pre-
cautions are taken.
Mr. Andrews: The end result of that was, because we got extremely
curious and began policing it almost after the first month that I
without the Commission knowledge stopped the payments and shut
everything down so that he would not be a recipient of anymore
dollars.
Mr. Plummer: I hope that's a lesson to us.
11i
•
Fox .dC _.tolvetissioN1( INGS
An ordinance entitled -
jiriiilr ilL.... W11.
AN ORDINANCE AMENDING SECTION 2-8 OP THE
CODE OF THE CITY OF MIAMI, FLORIDA, 1957,
AS AMENDED, BY REPEALING SUBSECTION 2-8
THEREOF, AND SUBSTITUTING A NEW SUBSECTION
2-8 PROVIDING FOR THE DESIGNATION OF A
PRIMARY MEETING PLACE FOR THE CITY COM-
MISSION; PROVIDING FOR A NEW TIME AT WHICH
MEETING SHALL COMMENCE; FURTHER PROVIDING
THAT ALTERNATE MEETING PLACES MAY BE
DESIGNATED FROM TIME TO TIME BY RESOLUTION.
passed on its first reading by title at the meeting of December
20, 1973, was taken up for its second and final reading by title and
adoption. On motion of Mr. Plummer, seconded by Rev. Gibson the
ordinance was thereupon given its second and final reading by title
and passed and adopted by the following vote - AYES: Messers.
Reboso, Rev. Gibson, Plummer, Mrs. Gordon and Mayor Ferre. NOES: None
Said ordinance was designated Ordinance No. 8226.
46.IELATI116. TO° ART- {N PUBLIC. BUILDINGS
An Ordinance entitled -
ORDINANCE RELATING TO ART IN PUBLIC BUILDINGS;
REQUIRING THE ACQUISITION OF WORKS OF ART TO
BE INCLUDED IN ALL BUILDINGS HEREAFTER CONSTRjTC-
TED BY THE CITY -OF MIAMI; PROVIDING DEFINITION
OF WORK OF ART; PROVIDING WAIVER OF REQUIREMENTS;
PROVIDING SELECTION OF ARTISTS BY CITY MANAGER;
ESTABLISHING A CULTURAL ARTS ADVISORY COMMITTEE;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE.
passed on its first reading by title at the meeting of December
20, 1973, was taken up for its second and final reading by title
and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon,
the ordinance was thereupon given its secon and final reading by
title and passed and adopted by the following vote - AYES: Messers.
Plummer, Reboso, Mrs. Gordon and Mayor Ferre; NOES: None.
Said Ordinance was designated Ordinance No. 8227
In connection with the adoption of the foreyoiag ordinance,
the following conversation:
Mrs. Gorden: I call your attention to the amendment in the
second reading which was discussed at the last meeting and the
1-24-74
11:
amendment is ?Iyout book. 1 think we n11 to read it by. title
Mr,t Plummer.
Mr. Lloyd: What's right. Read it by title to show the amendment.
Actually it's an addition on the Second reading.
Mrs. Gordon: Mr. Plummer this ordinance gives the Manager the
authority to select artists. Establishing a Cultural Art Ad-
visory Committee will be an aid to the Manager. These will be
people who are especially trained in the selection of art and
5 persons are to be selected to this Committee, all of whom
shill have a specific background to give them the qualifications
to make selections to aid him.. Now the County is setting up a
Advisory Committee and this Committee will in effect be advisory
to our Manager.
Mayor Ferre: Any further discussion on the item?
Mr. Lloyd: I think perhaps in view of the discussion here that
Section 5, the addition should be voted upon first with the Com-
mission either agreeing or disagreeing after doing that and then
pass the entire ordinance.
Mayor Ferre: Is there a motion on Section 5.
Mrs. Gordon: I'll move Section 5.
Mayor Ferre: There's a motion on Section 5. Is there a second
on Section 5?
Mr. Plummer: Mr. Mayor, let's just have the opportunity to read
it.
Mayor Ferre: I'm sorry,•I thought you had.. I beg you pardon..
Mr. Plummer: Do you want me to invoke the rule; we'll put it off?
Mr. Attorney, as I understand it and as I read Section 5 the final
decision to the City Manager. •
Mr. Lloyd: Yes, this is purely an Advisory Committee.
Mr. Plummer: The providing for selection of Artists by the' City
Manager. In other words, he will make the' final decision. They
will only recommend to him.
Mr. Lloyd: Now this should be passed first.
Mrs. Gordon: I move Section 5.
Mr. Plummer: We only
tc sink. We'd better
Mayor, Ferre: There's
Is there a second?
need one more Committee and the City is going
start applying for a bulk postage rate.
a motion on Section 5 of this amended Ordinance.
Mr. Plummer: I'll second it.
Mayor Ferre: There's a second.
1-24-74
llu
•
1
•
,:
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1,11111111111iodiraiiinlii 111411011 irrr,111raswii .11.111ir .+: r.,
Mayor Ferre: Yes, now on Item 27 do you have the vote?
Mt. Ongie, Assistant City Clerk: Mrs. Gordon and Mayor Ferre voted
no:
Mr. Plummer: Mr. Ongie, half an answer is worse than no answer
at all. That's what you gave. Now let's T. back if you want to
so stipulate for the record, let's go back and pull the minutes
and see why I offered it.
Mr. Ongie: Mr. Plummer, that's what took me so long,the minutes
are in process and as a matter of fact at that particular trans -
script there's about 13 pages that are done, but if you recall
that's the one we had several roll calls and that's why I listened
to the tape'to be absolutely sure. You introduced the motion.
Mr. Plummer: Why?
Mr. Ongie: Why?
Mr. Plummer: And I made it very, very clear why I introduced the
motion.
Mayor Ferre: I'll tell you what we're going to do. Do you want
us to vote on it again?
Mr. Ongie: Mr. Plummer,I just listened to the tape, you asked _
Rev. Gibson if he thought there would be any backlash from the
Ministers and his reply was, "that if there was he was willing to
take his chances because he wanted uniform hours as much as possibel.
Mr. Plummer: Well, Mr. Ongie let me clear your mind real quick, and
I'll tell you that I c.lfered the motion and I stated veay clearly
that it ws not my intent that I would Note for or against at the
second reading. But for the purposes of getting it on the floor
and for the purposes of a second reading if it were to be passed,
that if could become effective then is the only reason I offered
the motion.
Mayor.Ferre: I remember that distinctly. Let me ask; how many
other items are people here can?'Would you raise your hands on
agenda items that you're to be heard on. We'll take that up in
a moment. Is there anybody here on an agenda item that has not
been heard?
The beverage on Sunday is being extended from 12 noon until
1:00 in the morning, the following r1onday. Its_entitled hours
during which sales are prohibited. Sunday sales for the purpose
of changing of changing the hours of sale of all alcoholic bev-
erages for bars on Suday by extending the hours of sale from
12 noon until 1:00 A.M. At the present it's 1:00 to 7:00 and
what this does it makes,
Mr. Plummer: Father,the Dade League of Municipalities refused
to touch the Item because Metropolitan Dade County refused to get
involved and they just have put it in the limbo, you know I can
1-24-74
11
111
give you all kilt of answers, but that's Ilk truth. A strong
arguemetit was (trade by Mayor Chuek fall that in no way would Mia�lli
Beach be in oonforimnee because most of therea over there are
5:00 A.M. and he made a very good point and t can tell you that the
bade League pursued it, the bade League made reeoMMefdationa and the
Dade League then brought it before the Metro Cotiaaion at the
Liason Meeting, and Metro Commission to my knowledge at this date
has done nothing with it,
Mr. Reboso:. I move for approval on 27.
Mayor Ferre: All right there's a motion far approval on 27.
Mr. Plummer: Mr. Mayor, I might feel a little bit more at ease if
I could ask for the privilege of yourself and Mrs. Gordon's ob-
jections. I think I could vote a little bit more if you make a
strong point in your objection.
Mrs. Gordon: I think Mr. Plummer, we're all adults and we vote
our conscience. I vote mine, you vote yours.
Mayor Ferre: He's entitled to that, ---
Mrs. Gordon: I don't have to answer either.
Mayor Ferre: You don't have to answer, but that's a reasonable
request. I'll give you my opinion on it. I'm trying to recon-
struct because we spent a long time on this Item. But at the time
it struck me that, and I guess it gets down to your personal
feelings, and how you feel about it. Sunday is kind of a day of
supposedly of family day of rest, for those who are of the Christian
faith it's a day also of going to Church. Today you can go to a
bar and get a drink at 1:00 and you can get a drink until 7:00 P.M.
and it's just my personal opinion that _I don't want to extend and I
don't see that, that's going to make that much of a difference to
the bars in the Community and for the same reason that I would be
opposed for example to opening stores on Sunday, which I would be,
I am; I'm against it. I think that there ought to be one day in
the week where a man can sit home and kind of relax and rest and
look at the trees and the birds and spend with his family, and not
have somebody, you know one of the things that really get to
me is when my daughter and my wife says let's go down to Dadeland
because I've got to go to Burdines.
Mr. Plummer: Mr. City Attorney, we have had a first reading.
What would be the hiatus position of thy's if we take no action
today?
Mr. Lloyd: Its that in limbo the second reading hasn't had.
Actually it would probably have to be readvertised, set down for
another second reading. Dont't you agree Mr. Clerk, because of
our policy now of advertising pursuant to the State's statute? If
you don't do anything now, it just remains in limbo until read-
vertised and rescheduled for a second reading.
Mr. Southern: If it's been substantially changed then this would
be considered a first reading, is that right?
Mr. Lloyd: No, this is the second reading. That was why Mr. Plummer,
if I remember right,suggested that we start all over again on the
first reading.
Mr. Plummer: It was my intention they ask that it be done, if it
could be so it would be effective immediately, so I offered the
motion so that if it was a favorable vote of this Commission today
1-24-74
116
it would in fact be law. That'a the way l understand Metro normally
handles matters.
Mayor Ferre: I hate to do this to you Mike. We went back and forth
and I don't remmember the whole extent of the discussion. I'd like
to get the record and read it before I vote on it.
Mr. Reboso: The discussion is that it was run, I think in the
agenda. It applied to Sundays only, and when it came before us
it was for the whole week. so J. L. wrote the point and said no,
we're voting just on Sundays.
Mayor Ferre: As I remember./ started to change my mind on it
because there was the other alternates, but I want to go back and
read it again. So if you don't mind would get copies of the pro-
ceedings on this so I can go back and see what the full arguement
was.
Mr. Southern: As soon as they're finished. We haven't gotten those
finished. We're doing verbatim transcript.
Mayor Ferre: Whenever you get them finished then you put it back
on the agenda for the future.
Mr. Plummer: I want to ask just for the record. Was this publicized?
Mr. Andrews: Yes.
Mr. Plummer:
stipulation.
Mr. Andrews:
Were the Ministers notified? That was part of the
I want to say yes, but I can't speak pasitively.
Mr. Plummer: Well, because the final question I want to ask and
I think I know the answer, is there anyone here in objection? Let
the record reflect that no one 'has indicated there here in objection,
and if you'll check between now and the next meeting when it comes
up again for the record whether or not you notified, and I think
Father Gibson was the one who stipulated who was to be notified.
Mr. Lloyd: The appropriate thing then would be to motion to deferred
this.
Mayor Ferre: Is there a motion to defer? 'There's a motiod to defer.
Is there a second? Is there a further discussion?
Mr. Lloyd: It'll have to be readvertised, so you'll about 17 days
to get, it's 14 days. It'll be February 28th meeting.
Mayor Ferre: There's a motion in the second. If there's no
further discussion call the roll.
Upon being seconded by Reverend Gibson, the motion was passed
and adopted by the following vote - AYES: Messers. Plummer, Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
1-24-74
•
11i
410
'�O �► ':. VACATIONlitt,
s+r.r..lirr.rUftAllift aclamwaba
ULE�IIANG�
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Mr. Andrews, City Manager: This appears on the agenda because the
procedures established are such that the Civil gervice`Board will
Consider a matter such as this as vacation, adopt a resolution in-
dicating you're in favor of it, City Attorney prepares an ordinance
based on their findings and it's submitted to the City Commission
for their consideration. This is before you and I've written you a
memorandum as to the findings of the administration in reference to
it.
Mr. Plummer: Mr. Andrews let me ask you for a starting point of
arguement which I know it's going to be. What do you propose that
this will cost the City? I thought all matters such as this was
going to be involved in negotiations of contract. I thought that
we agreed that these kind of matters that cost the City money which
was going to be the determining factor would be handled during ne-
gotiation.
Mr. Hagan: Mr. Plummer, I think this was.
Mayor Ferre: This was what?
Mr. Hagan: Negotiated in a contract.
Mayor Perre: An agreed?
Mr. Hagan: In a contract.
Mr. Andrews: No Sir.
Mr. Hagan: It had to go before the Civil. Service Board for approval.
I understand that it was done in Sanitation Contract.
Mr. Andrews: Then it only applies to the Sanitation Department.
Mr. Plummer: Well let me ask you this Paul, just for my edification.
What do you contemplate this benefit will cost the taxpayers?
Mr. Andrews: $400,000. a year.
Mr. Plummer: All right. Now do you dispute that Sir?
Mr. Hagan: I can't I'm not familiar,
Mr. Plummer: This is what bothers me. This is brought tc, us by the
Civil Service Board and there's nobody here from the Board.
Mr. Hagan: Well,I am.
Mr. Plummer: You weren't on obviously when this, ----are you repre-
senting the Board, or are you here representing the Union?
Mr. Hagan: No Sir, I'm here as a Union member. What I've come up
here to ask y.-u for was one thing, if you would .defer it at this time.
Mx. Plummer: I never saw this Commission back off from that kind of
strong action as long as I've been here.
1-24-74
12,u
Mi. Andrews: That would be My recof Mendation to the COMMiseion to
because unleee My facts are incorrect, which I'll verify first thing
tcmotrow morning, this Wail not Covered in any agreement.
Mr Plummer: Paul I'd like to get back to this other point while
the representatives are here. Can you listen to this/ It was my
understanding last year when we place certain limitations on the
Manager, that any benefit that cost the City Money would be subs
mitted to the negotiation' for renewal. of contracts. AM I ,some-
where out cf kilter/
Mr. Hagan: When you made this,were you considering the Civil Servic
Rules and Regulations along with it.
Mr. Plummer: The point I'm trying to make is; we were asked like
4 times in the run of a year to do different employee benefits,
where the Manger, not Paul, but Mr. Mel Reese said that this
should be part of negotiation of the contract where fringe benefits
as it applies to City Employees, and I thought we had a concurrence
of everyone, the Commission, the Employee Representatives, that any
matters that cost the taxpayers dollars would be a part of negoti-
ation. I'm I lost somewhere?
Mr. Andrews: No Sir, and Mr. Plummer it wasn't Mr. Reese, it was
Mr. andrews and the tape I was asking about the tape today on the
budget hearings and in negotiations that went on with the em-
ployees to settled all their contracts, because I wanted to get the
minutes of those typed up, and in those minutes, and in those tapes
you'll find very clearly some very elaborate discussions in this
area in which those things. First we use the approach that one Union
couldn't come in and ask for one thing and then have it apply to
everyone, another Union come in and ask for something different
and have it apply, so you pick 5 major items in one year on that
basis and you negotiate with each one, you'd have five major area
then applying to everyone.
Mr. Plummer: But I also remember Paul, ,that we put you under a
time element, that if you don't have negotiations completed by
the 15th of July, whatever the date was or August 1st, then it is
taken out of your hands and brought here, and I think if we're
going to establish a policy, which I think is a good policy, I
fought two years to get it, I think that we've got to stick to
those kinds of guide lines. because we can't deny, call it what
you want, this is a fringe benefit, correct, OK, and I think fringe
benefits are negotiated under contracts, not as individual things
or across the board. Those days of a little City are gone. That's
only one Commissioner speaking.
Mr. Andrews: Not only that, its been pointed out, and I've for-
gotten that these also are items affecting the cost of living, ----
Mr. Mayor and Members of the Commission, I'm going to suggest
that this matter be postponed until such time as the budget is
resubmitted to the City Commission and we can consider these and
other matters along with the City's budget.
Mr. Hagan: I think that even if this was negotiated under contracts
it would have to go before Civil Service, wouldn't it? For apprc.•val.
Mr. Andrews: Point of clarity though Mr. Mayor and Members of the
Commission, you can't have one union coming in and negotiating with
me to get a privilege of having two more days added and the other
1-24-74
121
4 or 5 Union groups retain silent c.ft that, but they pick out globe
other issue, and if we negotiate this with one Union it doesn't
hecea+arily mean it's gbing to be applicable to all the other*.
Mr. Plainer: Paul, as 1 said before that precedent was broken when
the Fire Fighters went to arbitration and this Commission agreed
and the Fire Fighters got an additional 396, that didn't apply City
wide. tet me ask one question for my edification. Is every em-
ployee in this City,in one way or another, a part of an organized
or group?
Mr. Andrews: No Sir.
Mr. Plummer: All right. Then my immediate question has to be, if
you're negotiating with Fire Fighters, Sanitation, Police, whose
negotiating for those guys that don't have a negotiator?
Mr. Andrews. There is none.
Mr. Plummer: Well that's not fair. Paul.
Mr. Andrews: I didn't create the situation.
Mr. Plummer: Well, but you're going to create a monster that's
going to devour you too.
Mr. Hagan: With a few exceptions, like the Police Department, we
negotiate for all sworn members, so even.if they're a member of our
organization or not they do derive beneiftis.
Mr. Plummer: Ken, that's not the point that I'm trying to make.
What about for example, our secretarys upstairs. Let's get nearer
home. Whose going to represent them? Whose going to represent the
Finance Department if they don't belong to either the AFL-CIO
or whatever Union it is? If we're going to play this game fair,
and you're going to negotiate, I say you've got to negotiate with
everybody. I don't say everybody has to be negotiated with it in
the same way.
Mr. Hagan: Mr. Mayor and Commissioner Plummer if I may, to clarify
that A% think, and of course, believe me, the Fire Fighters have
no hang up on the concept of negotiating for the Fire Fighters and
no one else. We have never approached any type of negotiation with
a me too contract type of an idea, and I think we've demonstrated
that, and it's been documented. But the 34% of what you speak of,
was merely because the Fire Fighters were in there and negotiated
under phase two, in which case the retroactivity was possible, and
that's the only reason. No one else had a signed contract.
Mr. Plummer: I agree. I'm not disagreeing; all I'm saying is, that
the precedent was set by your group. That you went to Advisory
Arbitration at the recommendation this Commission agree with the
Advisory Arbitration. Who went t.: Advisory Arbitration? Why did
I spend $8,700?
Mr. Hagan: The ASFME did.
Mr. Plummer: Oh, you did. OK. But didn't you get an additional
3I% and no else got that 34%.
1-24-74
12.
Mr. Hagan: Only because we had a negotiated contract,
Mr. Plumer: Gene, I'm not disputing the point. What I'm saying
is, it was the first precedent that was set in the City, to my
knowledge, where it didn't apply across the board. We made it, and
it set a precedent. Mow if I'm wrong you tell me so.
065e
Mr. Powers: May I speak. Someone didnthe issue here that possibly
this submission here is a result of an Contractual Agreement, which
in effect if it is, it would require your changing the Civil Service
Rules and Regulations. If that didn't happen someone would have to
determine which takes precedent, a Contractual Agreement or the
Civil Service Rules and Regulations, and they're both Ordinance,
passed as Ordinance.
Mr. Plummer: Well, if we've got a discrepency there, then I hope
you'll bring it to the City Attorney's attention, so that it can be
straightened out.
Mr. Powers: It doesn't lie with our organization, but I would say
as a courtesy to the Board, that they are following the proper
procedures, and they are submitting a rule change, they advertise
at public hearing and they're following the proper procedures.
Mr. Plummer: I agree that the Board should be here to speak for
themselves. I'll buy that and let's defer it out until the 6th of
February. Do we need a motion to defer it?
Mr. Andrews: I dcn't think so.
Mr. Plummer: OK, just defer it.
1-24-74
12d
Mr. Plummer: Mr. Mayor, I will make a motion that Item 31 be de-
ferred until at least the 28th of Februarys. I'll tell you why
Mr. Mayor, this is $4,000,000. of bonds for the Police Headquarters
and Crime Prevention Facilities. I want to hear the report of SRI
as to what is transpiring, and how, and what these monies that are
going to be sold are going to be used for, and I think this Com-
mission should apprise itself of what it's going to be used for.
Mr. Andrews, City Manager: May I suggest that you act on this res-
olution and that if you want to then pass an additional resolution
indicating that no expenditure of these funds be made until that
report is made.
Mayor Ferre: Is there a motion on 31?
Mr. Plummer: I'll move it, Mr. Mayor with a privilege of a second
motion.
Mayor Ferre: All right. There's a motion and a second. Is there
any further discussion. Call the roll on 31.
'here upon the following resolution was introduced by
Mr. Plummer who moved its adoption:
RESOLUTION NO. 74-74
A RESOLUTION PROVIDING FOR THE SALE OF
$4,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS AND $2,000,000
STORM SEWER IMPROVEMENT BONDS OF THE CITY
OF MIAMI, FLORIDA; SETTING FORTH THE METHOD
OF PAYMENT OF INTEREST; SETTING FORTH THE
FORM OF NOTICE FOR BIDS FOR SAID BONDS;
DIRECTING PUBLICATION OF NOTICE OF SALE
BONDS; PROVIDING FOR THE BIDS TO BE OPENED
ON FEBRUARY 6, 1974; SETTING FORTH THE METHOD
OF BIDDING; AND SETTING FORTH THE FORM OF THE
BIDS.
(Here follows body of res(.:lution, 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: Messers. Plummer
Reboso, Mrs. Gordon, Rev. Gibson, Mrs. Gordon and Mayor Ferre. AYES:
None.
Mr. Plummer: I make a motion that no monies that are scld in this
bond issue as it relates to the $4,000,000. in Police be spent until
further action by this Commission. I have no objections to the
$2,000,000. for sewers to be spent.
Mayor Perre! . is there a reeond? There, s a second. Is there a
further . disenssidn
The following motion was introduced by Mr. Plummer who moved
its adoption:
MOTION
MOTION DIRECTING THAT NO MONEYS OBTAINED
FROM THE SALE OF $4,000,000. POLICE HEAD-
QUARTERS AND CRIME PREVENTION FACILITIES
BOND AUTHORIZED TO BE SOLD BY RESOLUTION
NO. 74-74, PASSED AND ADOPTED THIS DATE BE SPENT
UNTIL FURTHER ACTION BY THE COMMISSION ON
THE MATTER
Upon being seconded by Mrs. Gordon, the motion was passed
and adopted by the following vote - AYES: Messers. Plummer,
Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
50: AWARD • BID. - � VEHICLE- FOR. THE, OFFICE, OF. THE rAYOR
---
.1111114.1111•1116 IMP
Andrews: For the Mayor's benefit we had quite a discussion
in reference to this already and I explained that this was a
purchase of a vehicle for the Mayor's office and would replaced
an existing vehicle. That existing vehicle rather than being
traded in would be transfered to the Police Department where we
transfer many such vehicles that are utilized in various ways in
a department.
Mayor Ferre: Let me say this; how old is that vehicle?
Mr. Andrews: About 3A years old.
Mayor Ferre: I don't use that car too much and I want you all to
know that. I'd rather drive myself around and wherever I go I just
go and I park and so far I haven't gotten a ticket anywhere. As
long as I don't get a ticket I'm not going to squawk too much.
Sometimes I don't park in the most appropriate places but I haven't
gotten a ticket so far and I haven't gotten into too much trouble,
but there are accasions once in a while where I think the City of
Miami has to have an appropriate vehicle,other than a police car
or somebody elses car for the use of the Mayor's Office. I would
be strongly opposed to having a Cadillac or a Limousine the way
Metro or the City of Miami Beach has. But I do think that it's just
part of what's needed here in the City of Miami, and by the way I
might say, that even though it is assigned to the Mayor's Office
I have absolutely no objection of anybody else who wants to use that
for appropriate City business to use it.
I told Paul when we talked about this to get a middle expense car.
Nc..t an expensive one, but not the cheapest model and to be aware
cf saving gasoline.
Mr. Plummer: Paul, let's get back to this thing here. What's the-•
1-24-74
12d
difference between an 88 and gg in dollars/ If you're going to
buy him a ear, buy him a good one.
Rev. Gibson: I move that we get the 98.
The following motion was introduced by Mr. Plummer who
moved its adoption.
MOTION
MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO OBTAIN BIDS AND PUR-
CHASE FROM THE LOW BIDDER AN OLDSMOBILE
"98" SEDAN TO BE USED BY THE MAYOR'S
OFFICE
Upon being seconded by Rev. Gibson, the motion was passed
and adopted by the following vote - AYES: Messers. Plummer,
Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
CONDOLENCES. TO TYE. FAMILY. OF. CUBAN, AMERICAN EMU. LEADER
R
�R: `t+IjIUEL6IBER6A. Y ANGULO
The following which was introduced by Mr. Reboso, who
moved its adoption:
RESOLUTION NO. 74-76
RESOLUTION EXPRESSING THE SYMPATHY OF THE
MAYOR AND CITY COMMISSIONERS OF THE CITY
OF MIAMI IN THE UNTIMELY DEATH OF CUBAN
AMERICAN EXILE LEADER DR. MANUEL GIBERGA Y
ANGULO, AND EXTENDING SINCERE CONDOLENCES
TO THE MEMBERS OF HIS FAMILY.
(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: Plummer, Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
1-24-74
'"'"' 1i.'.IYi►i�F'�'�Vi
�i iiLf. ii6�W1YY 1.i..i ib+......r�. -- 4. is Y«.Y+'+i`�ry..✓ r.
Air ilb4111,
,y '_ .PROPOSED..YR3,P1AE REGULATING,_
G,..
VESSELS
Mr. Andrews: The County Commission Will on February 5th be con-
sidering on second reading the adoption of an ordinance which
would prow#de for specific water pollution control from vessels.
The Marine Counsel will be at the meeting to oppose this, because
it exceeds the ordinances that the City Commission adopted and
worked so long with the Marine Counsel in establishing reasonable
controls and awaiting the final decision of the Federal Govern-
ment and the standards they're going to set and adopt.
It's my understanding that these standards will come into full
affect this coming summer, June or July, and the Marine Counsel
will be going before the Metro Commission opposing the adoption
of this ordinance until such time as the Federal Standards
become fully implemented. The ordinance as now proposed would
require that the City of Miami assume possibly the burden of
going into every single vessel, making a decision whether they
have adequate facilities or not against the standards that Metro
is developing. That is where they utilize our Marina facilities.
Mr. Plummer: Paul we went through all of this 3 years ago.
Mr. Andrews: Yes Sir and now Metro is not apparently going to
wait, unless they'rs convinced to change their mind on February
5th and they would adopt this ordinance on second reading, which
would come before the Federal Regulations.
Mr. Plummer: Well they can't supersede.
Mr. Andrews: Yes, they can establish it.
Mr. Plummer: What position does this put the City in who have
told these people they must comply by the Federal date.
Mr. Andrews: Well, this would supersede our ordinance. This
would take the place of our ordinance and it would be a County
wide ordinance and we'd have to comply with that requirement.
Mr. Plummer: Well Mr. Mayor I think that 3 years ago we went
through a hassle with this thing and Paul I think that you should
immediately send out notice to all of the people that are existing
in City owned Marinas, that this thing is up for adoption and will
supersede the action of the City to an earlier date, and I will
make a motion Mr. Mayor, that all people who are residing on
vessels in City owned facilities be so notified of the action
possibly to be taken by the Metro Commission. Because if not, what
it does to us is, we passed and complied with the Federal Regulations
and told the people that by the Federal date they must comply. As
I understand this Metro is saying that you're going to have to do
it a year earlier, and these people are sitting here on their laurels
thinking that the had the jurisdiction, so I'll make a motion.
Mayor Ferre: There's a motion. Is there a second to the motion.
Is there a further discussion on it. Call the roll,
Thereupon the following motion was introduced by Mr. Plummer
who moved its adoption:
1-24-74
12i
•
MIST/ON NO, 74.47
MOTION DIRECT/NO THE CITY MANAGER TO
INFORM ALL PERSONS RESIDING ON WATER
VESSELS IN THE CITY OF MIAMI'S FACILi
ITIES OP THE PROPOSED ACTION OF
METROPOLITAN DADE COUNTY WITH RESPECT
TO ITS PROPOSED ORDINANCE GOVERNING
WATER POLLUTION PROM VESSELS
Upon being seconded by Rev. Gibson, the motion was passed
and adopted by the following vote - AYES: ME•ssers. Plummer, Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
Following the motion this discussion was made.
Rev. Gibson: It seems like we need to do another thing, Plummer's
motion asked that all be notified. But we need to also ask the
Manager to ask Metro not to make the date effective before
and the other thing is I think we ought tr try to persuade Metro
to understand that it would be to the best of all of us to► be for
all to have one or,
Mr. Plummer: There's only one way that I see jetpardy coming there.
Paul, what would that do to us in the standing of the II Board for
our permit of getting the Dinner Key area here being done. Do you
think that would have any bearing?
Mr. Andrews: No, I don't think -so. I think that you as a City
Commissioner demononstrated over and over again your concern
for this. You took the first step in Dade County and maybe in
South Florida, in requiring that a pump -out facility be installed
at a Marinas. There's one that's going to be constructed here at
Dinner Key and one at Watson Island on a voluntary basis to get
the voting public begin to comply with the future requirements,
and those pump -out facilities are gc-ing to be installed.
Mr. Plummer: So you're telling us that you think the City Law
and date is adequate.
Mr. Andrews: Yes.
Mr. Plummer: And you think that we should have representation
in Metro to inform them of that.
Mr. Andrews: Yes.
Mr. Plummer: OK
Rev. Gibson: I move. We vote to instruct the Manager to represent
us or authorize them to represent us before Metro asking them not
to exceed our date which is also the Federal date.
Mr. Plummer: Maurice the problem is this. These people are sitting
out here and came before this Commission,
Ma; ar Ferre:
wasn't here",
Mr. Plummer:
We passed a resolution here at this Commission, I
but we passed a resolution,right.
Right.
1-24-74
12b
Mayor Perre: To comply to the Federal taw Which we've got to do
anyway, right /
Mr. Plummer: Correct,
Mayor Ferret Metro went, ---they did something else. That's their
problem. Now, 1 agree with you; we tell the people here
what Metro's done in cage it gets into the newspapers, but beyond
that, ---
Mr. Plummer: Well it's not really their problem,and their problem
alone when our people are going to have to abide by it.
After further discussion, the City Commission decided
to take no further action, concerning this matter.
•
Commissioner PlumMer announced the appointment of the
following named persona to the YOUTH ADVISORY BOARD:
SALVADOR PERES-PIEDRA
GUSTAVO G. GIRAL
. 51 .. YOUTH. ADVISORY, BOARD,__ REQUEST, FOR ALTERNATE. USE, OF. AL{.QCATED
FUNDS
Mayor Ferre: Mr. Rado has been waiting here for over 5 hours as
have you.
Mr. Rado: First, let me thank you for the chance to speak even
though I wasn't on the agenda and its right in line with the
Youth Advisory Board.
The Greater Miami Jaycees are presently working on a project to
start a national network of Youth Advisory Boards. The project
is not something that has been hastily thought of. This is a
recommendation on the White House Conference on Youth. Of course
there is one unfortunate thing. A lot of recommendations that are
made by a City Council, a Commission or a conference of any kind
many times they do not get off the ground and such was the case with
this formation of a national network.
"The basic premise is to ask young people to have an input into
;he workings of their city through a Youth Advisory Board similar
to what they have here in the City of Miami.
There are a lot of cities with a population of over 7500 which was
our original target group. That's 3434 cities.
I have already sent a letter to each of them. I have received not
as good a reply as I wanted to but there are about 140 cities here
letters from Mayor's and administrators that want to start a Youth
Advisory Board in the City and as Commissioner Gordon saw, I have
letters of endorsement from governors who endorsed that type of a
program for the nation. They are the governors of New Mexico.
Michigan, Kentucky, Arizona, Georgia, Vermont, Arkansas, Florida,
Colorado, Illinois, Nevada, North Dakota, Rhode Island which I think
is a representative sampling of small states, large states,
democrats and republicans.
I talked with Mayor Ferre at our Jaycee banquet and he told me to
find out about the availability of funds. The Youth Advisory Board
receives, I believe $50.00 per month and I talked to Ken Friedman
who is the head of that Board and he said in the past 6 months,
he has not used a penny and has not asked for it.
And so, I don't -know if you have a contingency fund or whatever
but I found that I have been able to cut expenses on this project
down to what I would consider a bare minimum.
The project has been endorsed by the Third Century U.S.A.-
Bi-Centennial Foundation which means they have a bulk mailing
permit. It's non-profit in status which allows mail for 1.70.
Total funds I would like to get - the total cost from the City
Council would be that money that the Youth Advisory Board did not
use, namely $300.00 to cover cost of mailing and everything.
Mr. Andrews: So you are aware of this. Is this money going to be
used to solicit further money from other groups?
Mr. Rado: Well, no it will not.
Thereupon the following motion was introduced by Mrs. Gordon
who moved its adoption:
JAN241974
A MOTION INSTRUCTING "SHE CITY ATTORNEY TO PREPARE
AND SUBMIT TO THE COMMISSION FOR ITS CONSIDERATION
A ABSOLUTION WHICH WOULD PROVIDE FOR THE PAYMENT or
$300.00 TO THE GREATER MIAMI JAYCEES TO ASSIST IN
ITS PROJECT TO ESTABLISH A NATIONAL NETWORK Or YOUTH
ADVISORY BOARDS
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
The City Manager requested this matter be prepared in
resolution form and indicated to Mr. Rado that based on the
expression of the Commission, the funds would be made available
without delay.
Ms. Malloy: According to this contract, you are spending $63,000
on Lummus Park and its a mess.
There are no lights there and others torn out. You tore down the
Pavillion and its not been put back. You tore down the south courts
shelters and you put them back but they are no good. You can't use
them. There is no lights under the shuffleboard courts to see if you
are sheoting. Its a mess.
Mr. Andrews: I just want the record to reflect that we have been
working very hard and many hours spent with the President and other
officers and the organizations that use these courts.
Ms. Malloy: They don't know anything about it.
Mr. Andrews: We have spent a great amount of time with them and
they have gone over this. We have worked with them and they
understand the improvements and the phasing of the improvements and
they are in agreement. If necessary, I will have the president of
the shuffleboard court organization come down to the meeting and
explain the way they have cooperated with them.
I think its one of the nicest kept parks in the City of Miami and I
don't know where our misunderstanding is. Its clean and well taken
care of and in fact is one of the places that I am very proud of our
parks people in the way they take care of it.
Mayor Ferre: I appoi-nt myself as a committee of one to go down there
to inspect. it.
MANPOWER PROGRAM
Mr. Andrews: I will send you a memo on the whole manpower program
rather than try to explain it to you.
131
rr arirsi.�.� � as�.aswartwr�r :�tr�sai�rar ra rt�r�aa�+ea� &A.�►+�sri.�.r+ram
PROPOSALS
The following resolution was introduced by Mt. Plummmer who
moved its adoption:
RESOLUTION NO. 74-79
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA REQUESTING THE COUNTY COMMISSION OF
METROPOLITAN DADE COUNTY, FLORIDA TO CONDUCT A
FULL PUBLIC HEARING ON THE SUBJECT OF SOLID WASTE
DISPOSAL AND THE PROPOSALS
(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. NOES: None
The preceding resolution was adopted after it was amended
and after discussion by the Commission.
M- -
57.. - • AMENI. SEC-. 56-39• -• RATES• fOR TAXICABS
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 56-39 OF THE CITY
OF MIAMI CODE BY DELETING SECTION 56-39 IN ITS
ENTIRETY ANE ENACTING A NEW SECTION 56-39 WHICH
WILL SET A MAXIMUM RATE FOR TAXICABS OF SIXTY
CENTS FOR THE FIRST ONE -SEVENTH OF A MILE AND
TWENTY CENTS FOR EACH ADDITIONAL TWO -SEVENTHS OF
A MILE, BY SETTING THE MAXIMUM RATE FOR WAITING
TIME; AND SETTING THE MINIMUM RATE THE SAME AS
THE MAXIMUM RATE; DECLARING THIS TO BE AN EMER-
GENCY MEASURE AND DISPENSING WITH THE REQUIREMENTS
OF FLORIDA STATUTE 166.041 (3) (a); PROVIDING
FOR THE EFFECTIVE DATE; AND PROVIDING FOR A
SEVERABILITY CLAUSE, AND DISPENSING WITH THE
REQUIREMENT OF READING THE SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION
was introduced by Mr. Plummer and seconded by Reverend Gibson for
adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the
following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon,
Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the
Commission, on motion of Mr. Plummer, seconded by Mrs. Gordon
adopted said ordinance by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre.
NOES: None.
SAID ORDINANCE WAS DESIGIATED NO, 8228
JAN 2 4197
• • • • sat ,,nigussiott. ONAIRING.OF,. RECEPTIONIST FOR,COMMISSIONERS. OtEICE
Mrs, Gordon: Mr. Andrews, you recommended 2 people that we received
a resume. One had experience and one did not as a receptionist but
I can't remember the names of the 2 girls.
They both work for the City and 1 is in the Police Department.
Can you tell me the names of the 2 girls?
Mr. Andrews: Mrs. Gordon, I don't remember them now.
Mrs. Gordon: Was it a Barrio or something like that?
Mr. Andrews: I would be guessing.
Mrs. Gordon: May I tell you that my preference was for the person
that you underscored, that she had receptionist experience.
Mr. Andrews: I don't know that I underscored any of them.
Mrs. Gordon: Well there was underscoring. I received it in my
office with an underscoring under the experience factor of
receptionist and I would like to ask you why you aren't putting
someone on? It's very difficult up there without a receptionist.
In our office, I want to tell you that Delores runs back and forth
to Manolo's phone when Aleida is not there and she runs back and
forth to our phone and I don't think it's necessary to cause this
kind of confusion for no reason.
Mr. Andrews: I would like to address my comments to Mrs. Gordon.
I am not, I am waiting on the City Commission.
Mrs. Gordon: Well then I would move that you hire the girl that
had the experience as a receptionist according to your recommendation,
you sent 2 names to us.
Mr. Andrews: I sent 2 names. The Commission asked at an earlier
time that I supply -
Mrs. Gordon: I'm not complaining. I am saying you did a good job
but one of the 2 girls had the experience, spoke well and should
be entitled to take the position. She wants to.
Mr. Plummer: Mr. Mayor, if she makes a motion, I want to make a
motion too.
Mrs. Gordon: You want to do what J.L.?
Mr. Plummer: Make a motion. Rose, I made my thoughts known before
and I don't have to reiterate them entirely.
I don't think it's necessary that we have a Secretary for the
Secretaries. The City Manager recommended against it.
Mrs. Gordon: You must be kidding.
Mr. Plummer: No I am not. The City Manager recommended against
a Receptionist. Am I right or wrong?
Mrs. Gordon: Well we said a long time ago that we were going to
have a receptionist.
Mr. Andrews: When this came up before, my recommendation was that
the City Commission took under consideration getting secretaries
Mayor Ferre: I am going to -
Mrs. Gordon: Go ahead, finish your comment.
Mayor Ferre: He has already said it a hundred times.
He said for each Commissioner to have a Secretary and let it go
with that.
13o JAN 2 41974
Mr. Ahdrewst When this first came- up Mr. Mayor, my recommendation
at that time when 1 was asked by the City Commitsion,was that each
representative of the Commission have a Secretary and that there be
a Receptionist at the time.
Mrs. Gordon: Of course, you can*t be in business without a recept-
ionist.
Mr, Andrews: I made that recommendation.
Mayor Ferre: Listen let me tell you something -
Mrs. Gordon: For goodness sakes, do you run Maule Industries
without a receptionist?
Mayor Ferre: Rose, let me tell you something?
Mrs. Gordon: Tell me that. Do you run Maule Industries without
a receptionist?
Mayor Ferre: I don't have 1, I have 50 because we have plants all
over the place.
Mrs. Gordon: Of course, you are running a business like a business
should be run.
Mayor Ferre: Now don't put words in my mouth. Let me say something
very quickly.
Now this City ran for years and years and years with a Mayor and a
Commission , 3 Secretary's up there and 1 Secretary for all of the
Commission and I served under that system and you have all served
under that system etc. Now those people were just as responsible
and had just as much to do as this Commission does today.
Now, you changed that. I agree with the change. I think it's
better that you all have your own Secretary.
Now you are adding on to that.
Mrs. Gordon: It was budgeted Mr. Mayor.
Mayor Ferre: I am all for it. If I had been here I would have
voted for it, okay?
Now all of a sudden, you have 4 additional positions, 3 excuse me
and now you want a 4th.
Mrs. Gordon: Yes, because it was budgeted and it was planned to
be efficient, that you had to have it.
Mayor Ferre: Let's poll everybody around here and see what the
will is. Whatever the majority wants, I am for it, okay?
Do you want a Receptionist or not?
Mrs.Gordon: Mr. Andrews, was there a resolution and was it in fact
budgeted back at the time we were preparing the budget?
Mr. Andrews: I know the Secretaries were but I can't say about
the Receptionist.
Mrs. Gordon: So was the Receptionist.
Mr. Andrews: I am not sure. I don't want to mis-inform the
Commission.
Mrs. Gordon: If my memory serves me right, we did budget for it
and we did include it. We even put the telephone in preparing
for the receptionist to be placed in the hall there.
Mr. Plummer: Mr. Mayor, I move that we defer this item until a
later date.
Mrs. Gordon: Lets go ahead and do it now because we are going to
take up another matter pertaining to that area and I think both
will have to come up at the same time.
JAN 241974
Mayor Ferre: Let's go, OoMe oit, what's the donSenaua ground here'
Mrs. Gordon: t Move that we hire a Receptionist, that we instruct
Mr. Andrews to select a girl that is best suited.
(Unintelligible conversation)
Mayor Ferre: It doesn't matter because all right, what is your
motion, let's see if it gets a second.
Mrs. Gordon: I had a motion before yours Mr. Plummer.
Mayor Ferre: The fact is that the chairman is groggy and I didn't
hear you so I am going to recognize Mrs. Gordon for her motion and
if she gets a second, we'll see, all right?
Mrs. Gordon: Kangaroo Court.
i move my motion again, that Mr. Andrews hire one of the two girls.
Mayor Ferre: For the purpose of getting it on here, I will move
the gavel over and second it. Make your motion.
Mrs. Gordon: I already made it. Mr. Andrews recommended 2 girls
that and that we hire the one that had the experience as a
receptionist.
Mayor Pierre: Or somebody else.
(Unintelligible conversation)
Mr. Reboso: I spoke with one of them Rose and she was not good.
Mrs. Gordon: That's the one that didn't have the experience. I know
that. The other one had the experience. She spoke very nicely and
she had a good command of both languages.
Mrs. Gordon: You were given the same information I was given J.L.
Mr. Plummer: I got the memo but I haven't met the girl.
Mrs. Gordon: Well she could be put on a trial period and you could
meet her.
Mayor Ferre: There is a motion on the floor. Now, is there a
second to this motion? I want to go.
Mrs. Gordon: You seconded it. You gave the gavel to Reboso and
seconded it.
Mayor Ferre: I haven't done a thing yet. Is there a second to
this motion? Going Once. Going twice, Going three times.
There is no second to the motion right?
Now here, I will second the motion to get it for a vote.
Now call the roll.
Mr. Southern, City Clerk: Mr. Plummer?
Mr. Plummer: I vote no.
Mr. Southern: Mr. Ferre?
Mr. Ferre: I vote no.
Mr. Southern: Reverend Gibson?
Rev. Gibson: No.
Mr. Southern: Mrs. Gordon?
Mrs. Gordon: I vote yes.
Mr. Southern: It failed to pass.
13o JAN241974
Mayor Ferre: HoW about ReboSo?
Mr. Southern: Oh, I'm sorry.
It still failed to pass. Mr. Reboso?
Mr. Reboso: I vote no.
_-fin-_ 4tftaruAan;
59.. DIS L• �' ADDITI ONAL• AIDE.TO' THE MAYOR.._
4ad1►vt teere: All right. I want to give Rose the right to vote no
on what I am going to, we may as well get this one out now.
Now lady and gentlemen, the City of Miami has traditionally had a
chauffeur for the Mayor.
Mrs. Gordon: I move we table it.
Mayor Ferre: Now this year, for some strange reason that I still
donut understand when it came up at budget, the Mayor was asked
whether or not he wanted a Chauffeur even though whoever asked him
and the man who asked him knew that the Mayor wasn't going to be
there and the Mayor said no, that he didn't need a chauffeur.
Mr. Plummer: What are you trying to tell us?
Mayor Ferre: That it isn't on the budget.
Mr. Plummer: It is on the budget.
It is. Go pull the budget.
$14,000, I've got the budget.
Mrs. Gordon: I move we table this until we check the record.
Mr. Plummer: Paul don't tell me that isn't so. You told me there
was nothing. Well I accept that.
I will accept the Managers opinion. He has researched it and said
it is not on the budget, there is no provision for it.
Now I wart to point out that this is the first time in the history
of Miami that the Mayor's office does not have a provision for a
Chauffeur.
Now I don't want a Chauffeur.
And, I don't want a salary. I don't take a salary. It doesn't
apply on anybody else, its just that I don't take that salary so
I am not costing the City of Miami at least that amount of money
and I think and I am swamped with work and I need somebody else
to help in that office and I want another assistant.
I would like to respectfully request the consideration of this
Commission for another assistant to the Mayor.
You can call him what you want, I don't care what the title is
Chauffeur or anything else.
Rev. Gibson: Mr. Mayor, so I could be intelligent. What is Frank?
Mayor Ferre: Frank is the Assistant to the Mayor.
Rev. Gibson: So that provision is made.
Mayor Ferre: Oh yes. He is there and as I say, the Mayor has always
had an Assistant and the Mayor has always had a Chauffeur traditionally
in the City of Miami.
Rev. Gibson: Mr. Mayor, let me be sure I understand. You mean to
tell me , it shouldn't be that difficult. You don't have a Chauffeur
and if you had a Chauffeur, the money would be there and I am always
very disturbed that we want to go second rate in this City.
Mrs. Gordon: That's right and I am surprised at you. No Receptionist.
That's unbelievable.
Rev. Gibson: That's different
Rose Gordon; Unbelievable.
Rev. Gibson: Rose, that's a different situation.
13u
UAN241974
Mrs. Cordons It's different in that t am the one that has asked
for it and not the Mayor.
Rev. Gibson: We aren't saying that we don't want a receptionist.
Mrs. Gordon: You did too. Tonite.
(Unintelligible conversation)
Mr. Plummer: Wait a minute, 1 want to make a motion.
The Mayor has expressed a need for additional personnel in his
'office. I move it. Its that simple.
Rev. Gibson: I second the motion.
Mayor Ferre: All ribht there is a motion -
Mrs. Gordon: Can you give me one good reason why you turned the
receptionist down?
Mr. Plummer: Yes Ma'am, even though I will do better than you
when you refused to make your comments known. I will be happy tot
do it because I know what I believe.
Mrs. Gordon: Don't, I don't want you to hold it over my head.
Mr. Plummer: Very simply. I don't think we need a receptionist.
He says he needs more help. I will abide by what he says.
Mrs. Gordon: Well Mr. Reboso, you tell me why you don't think we
need more help because you know that Delores and .Aleida are
running crazy back and forth between the 2 telephones.
Mr. Reboso: Rose, I think we need the receptionist.
Mrs. Gordon: Then why did you vote no?
Mayor Ferre: Plummer made a motion. The chair rules that there is
a motion and a second.
Mrs. Gordon: Oh, you just didn't want to do it tonight?
Can we bring it back on the 6th of February?
All right they.., I'll vote.for your Aide.
Mayor Ferre: I don't care what you do on this item. Vote your
conscience. Now there is a motion and a second.
Is there further discussion?
Mr. Reboso: How much is he going to be paid?
Mayor Ferre: Whatever traditionally has been paid to the Chauffeur
to the Mayor, whatever that is. I don't want him to make any more.
You get the records out for Joe Ruggerio and everybody else that has
been driving for the Mayor.
Call the roll.
Mr. Southern: Reverend Gibson?
Rev. Gibson: Yes.
Mr. Southern: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr. Southern: Mr. Plummer?
Mr. Plummer: Yes.
Mr. Southern: Mr. Reboso?
Mr. Reboso: Yes.
Mr. Southern: Mayor Ferre?
Mayor Ferre: I vote yes.
13r
BAN 241974
MOTION ?4 80
A MOTION AUTHORI S i:NO BMPLOYMesT or AN ADDITIONAL
EMPLOYEE IN THE MAYORS corm, SAID EMPLOYED: TO
RECEIVE THE SAME COMPENSATION AS THAT PREVIOUSLY
PAID TO THE MAYORS CHAUD'F,UIt
ADJOURNMENT: THERE BET G NO FURTHER BUSINESS TO COME BEFORE
THE I Y MMISSIjOm, THE MEETING WAS ADJOURNED
AT 9:iz 0 LOCK Y,, THIS DATE,
ATTEST: H, D, SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
MAU�f�RFERf�E
138 JAN 2 41974
c ITt OF MIAMI
DOCUMENT
INDE
ITEM NO DOCUMENT IDENTIFICATION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
MEETING DATE:
Jg4 - 2e, /9 7L
COMMISSION RETRIEVAL
ACTION CODE NO.
COMMISSION AGENDA & CITY CLERK REPORT (17pgs)
NOTICE OF PUBLIC HEARING - RESOLUTION NO. 73-
827 - S.W. 22nd ST. & HIGHWAY H-4369.
CONDITIONAL USE - CONSTRUCTION OF PARKING
GARAGE AT REAR - LOTS 1 THRU 4 AND 22 THRU 25
BLK. 100S - 1000 BRICKELL AVENUE.
VARIANCE - SINGLE FAMILY RESIDENCE - LOTS 1 &
2 LESS RIGHT-OF-WAY, BLK. 77S - 1004 S.W. 3 AVE
CONDITIONAL USE - PARKING STRUCTURE LOT 20,
BLK. 83N N.E. 3rd ST. AND BISCAYNE BLVD.
CENTREX TELEPHONE FACILITIES TO METROPOLITAN
DADE COUNTY.
PRINTING REPORT DOWNTOWN MIAMI 1973-1985 AN
URBAN DEVELOPMENT AND ZONING PLAN - BY WALLACE,
McHARG, ROBERTS AND TODD.
CLAIM SETTLEMENT - RAYMOND PRATER.
RENTAL FEE - BAYFRONT PARK AUDITORIUM CHURCH
WOMAN UNITED SOUTH - HOLDING EIGHTH ANNUAL
INTERFAITH DAY.
ACCEPT PLAT - 36TH ST. BAYFRONT SUBDIVISION.
ALLOCATE MONEY - INCIDENTAL EXPENSE SOUTH PINE -
MOUNT SANITARY SEWER IMPROVEMENT.
ALLOCATING FUNDS - LUMMUS PARK SHUFFLEBOARD
COURTS RECREATION BLDG.
ACCEPT PLAT - SOSA TRACT.
ACCEPT BIDS - GALL'S POLICE EQUIPMENT.- SPECIAL
REVOLVERS AND SHOTGUNS.
ACCEPT BID - PITMAN'PHOTO, INC. - NECESSARY
SUPPLY USE BY ALL DEPT.OF THE CITY.
AWARDING BID - INTERCOUNTY CONSTRUCTION CORPO-
RATION - LIBERTY SANITARY SEWER IMPROVEMENT.
AWARDING BID - KING FENCE OF MIAMI, INC. -
WYNDWOOD PARK - FENCING.
EXTENSION OF EMPLOYMENT - JOHN C. TOMICK.
ORDERING R-73-827 - CONSTRUCTION OF S.W. 22nd
ST HIGHWAY IMPROVEMENT H-4369.
R-74-46
R-74-47
R-74-48
R-74-49
R-74-50
R-74-51
R-74-52
R-74-53
R-74-54
R-74-55
R-74-56
R-74-57
R-74-58
R-74-59
R-74-60
R-74-61
R-74-63
0060
0061
74-46
74-47
74-48
74-49
74-50
74-51
74-52
74-53
74-54
74-55
74-56
74-57
74-58
74-59
74-60
74-61
74-63
OttI.FI ENTIN 1 EX
CONTINUED .=
ITEM N0.
DOCUMENT IDENTIFICATION
COMM
N0.
20.
21.
22.
23.
24.
25.
26.
•ORDERING R-73-971 - CONSTRUCTION OF SO. PINE -
MOUNT SANITARY SEWER IMPROVEMENT SR-5242C.
ORDERING R-73-972 - CONSTRUCTION OF SO. PINE -
MOUNT SANITARY SEWER IMPROVEMENT SR-5242-S.
VARIANCE CONSTRUCTION ADDITION (KITCHEN AND
LIVING ROOM) LOT 7, BLK. 1 - 3106 N.W. 21st AVE
NOTICE OF PUBLIC HEARING - PROPOSED TAXICAB
RATE INCREASE AND RELATED MATTERS.
LETTER FROM ROBERT L. PAULK, JR. EXECUTIVE SE-
CRETARY OF CIVIL SERVICE BOARD - MEMORANDUM
FROM CITY MANAGER - HUMAN RESOURCE MANAGEMENT
SYSTEM.
SALE OF 4,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS - 2,000,000 STORM
SEWER IMPROVEMENT BONDS.
ACCEPT BID - PURCHASE OF VEHICLE - MOTOR POOL
DIVISION OF THE DEPT. OF PUBLIC PROPERTIES.
R-74-64
R-74-65
R-74-68
R-74-74
MOTION
74-64
74'-65
74-68
0062
0063
74-74
0064