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HomeMy WebLinkAboutCC 1974-03-28 MinutesMIAMI CITY ISSION UTES OF MEETING HELD ON Thuluiday, Manch 28, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK • iuwrr.rr�ririiN i•uiU ITEM NO, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA WAIVE READING Off' MINUTES DECLARE FRIDAY, MARCH 29, 1974 NATIONAL VIET NAM VETERANS DAY IN MIAMI CONDITIONAL USE -VARIANCE: LOTS 12, 13, BLOCK 101S BRICKELL ADD AMD (B-113) CHANGE ZONING CLASSIFICATION - AND VARIANCE: S 50' LOT 1 HERBERT L. STEVENS SUB DISCUSSION ITEM: MAYORS REPORT ON EFFORTS IN RECRUITMENT OF SPANISH SPEAKING PERSONNEL URGE APPROPRIATE REGULATING AGENCIES -CONCERN OF NORTHEAST AREA RESIDENTS ABOUT PROSTITUTIO ALONG BISCAYNE BOULEVARD DISCUSSION OF DESIGN OF NEW POLICE HEAD- QUARTERS BUILDING APPOINTING OF COMMISSION- ERS PLUMMER & GIBSON AS COMMITTEE AMEND ORDINANCE 6871-CONDITIONAL USE PERMIT FOR HOME OCCUPATIONS ETC. VARIANCE -NORTH 50' LOTS 25,26, BLOCK 4 WILLIAM A. RICE SUB PUBLIC HEARING: CONFIRM PRELIMINARY ASSESS- MENT ROLL: WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233-C&S CONDITIONAL USE -SUPPER CLUB -LOTS 12 THRU 17, BLOCK 4 SHENANDOAH MANOR SECTION B (39-81) PLAQUES, CERTIFICATES OF APPRECIATION, PROCLAMATIONS ETC. AUTHORIZE P.B.A. TO HOLD CARNIVAL N.W. 22 AVENUE AND 11 STREET DISCUSSION -HELICOPTER LANDING AREA -PALM BAY CLUB, PERSONAL APPEARANCE-MRS. C. DINKLER ORDINANCE OR RESOLUTION NO PAGE N MOT. 74-210 WITHDRAWN DISCUSSION DISCUSSION MOT. 74-211 DISCUSSION FIRST READING RES. 74-212 RES. 74-213 RES. 74-214 RES. 74-215 MOT. 74-216 DISCUSSION AMD, ORD 6871-TO PROVIDE FOR CHANGES, CORRECT IONS TO ZONING DISTRICT MAPS AND TYPOGRAPHICA:, ERRORS ETC. ORD. 8238 GRANT APPLICATIONS FOR REPLACEMENT & TRANS- FER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY DISCUSSION OF REVOCATION OF CERTAIN CERTIFI- CATES OF PUBLIC CONVENIENCE AND NECESSITY RATE INCREASE - LIBERTY CITY JITNEY ASSOC. RES. 74-217 DISCUSSION MOT. 74-218 1 1-2 2 2 2-4 4 5-7 8-9 10-15 15-16 16-45 46 47 47-48 48 49 49 50 { INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO. PAGE N --19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. DISCUSSION -PILOT EMERGENCY MASS TRANSIT PLAN PERSONAL APPEARANCE-MRS. ARVA PARKS -HISTOR- ICAL ASSOCIATION Or SOUTH FLORIDA-INCLUDES APPEARANCE BY MAESTRO CAESAR LA MONACA. RATIFY ACTION OF CITY MANAGER -AUTHORIZE EXPENDITURE OF $1,000 TO ACQUIRE THE 1976 "GOLDEN GLOVES CHAMPIONSHIP TOURNAMENT" MOTION REQUESTING SIGN OVER ELIZABETH VIRRICL BOXING GYM DECLARING MIAMI THE HOME OF THE GOLDEN GLOVES -NATIONWIDE 1976 PROVIDE. TRANSPORTATION AND OTHER EXPENSES FOR POLICE OFFICERS GREEN & CLERKE TO GO TO TALLAHASSEE TO ACCEPT OUTSTANDING POLICE OFFICER AWARDS APPOINTMENTS TO THE YOUTH ADVISORY BOARD APPROVE EXPENDITURE OF $50,00 FOR EXPENSES IN CONNECTION WITH V.D. PROGRAM SPONSORED BY YOUTH ADVISORY BOARD APPOINT MONA LIGHTE AS CITY'S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE BELAFONTE TACOLCY CENTER CHANGE ZONING CLASSIFICATION -TRACTS 1&2, TENTATIVE PLAT #896 - "RIVER COVE" FROM C-4 & W-1 TO R-4 CHANGE ZONING CLASSIFICATION - LOTS 3,4,5 BLOCK 18 SHORECREST (10-23) ACCEPT COMPLETED WORK - WYNDWOOD PARK FENCING - 1974 ACCEPT COMPLETED WORK - WYNDWOOD PARK COMMUNITY BUILDING ALTERATIONS - 1973 PUBLISH NOTICE OF OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 ORDERING RESOLUTIONS-GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C AND SR-5374-S ACCEPT PLAT -COCONUT GROVE SQUARE SUBDIVISION CLAIM SETTLEMENTS: MIAMI WHOLESALE FURNITURI INC., JOSEPHINE DUNN, JOSEPHINE SAUER DISCUSSION OF PROPOSED CLAIM SETTLEMENT - STEVE AULETA DISCUSSION MOT. 74-219 RES. 74-220 MOT. 74-221 MOT. 74-222 MOT. 74-223 MOT. 74-224 MOT. 74-225 FIRST READING FIRST READING RES. 74-226 RES. 74-227 RES. 74-228 RES. 74-229 RES. 74-230 RES. 74-231 RES. 74-232 RES. 74-233 RES. 74-234 DISCUSSION 51-58 58-60 60 60-61 61 62-63 63 64 65 65 66 66 66-67 67-68 68 68-69 69-70 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIIAMI, FLORIDA ITEM NO. SUBJECT ORDINANCE OR RESOLUTION NO. 36. 1 YEAR LXTENTION 0P EMPLOYMENT-JUAN PEREZ PARRS AND RECREATION 37. ESTABLISH OCCUPATIONAL LICENSE FOR ASTROL- OGISTS 37a. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. APPROPRIATION OF UNCOMMITTED FEDERAL REVENUE SHARING FUNDS --DISCUSSION AND DEFERRAL TO APRIL 11, 1974. REPEAL SECTIONS OF THE CITY CODE WHEREIN RULES ARE ESTABLISHED FOR THE MUNICIPAL COURT RATIFY & CONFIRM ACTION OF CITY MANAGER TO PAY KNOWLES ANIMAL HOSPITAL FOR VETINARY SERVICES FOR CANINE CORPS AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE AN AMENDMENT TO LEASE FOR WATER- FRONT FACILITY AT DINNER KEY GRANT USE OF BAYFRONT PARK AUDITORIUM AT REDUCED RATE FOR DADE COUNTY PUBLIC SCHOOLS BOOZ-ALLEN AGREEMENT - DISCUSSION AND DE- FERRAL TO SPECIAL MEETING ON APRIL 18, 1974 ACCEPT BID - OLDSMOBILE "98" SEDAN FOR OFFICE OF MAYOR ADVISORY COMMITTEE ON FEDERAL REVENUE SHAR- ING FUNDS: DISCUSSION AND DEFERRAL TO APRIL 11, 1974 DISCUSSION OF PROPOSED LOITERING ORDINANCE TRANSFER $4,000 FROM CONTINGENCY FUND TO EMPLOY BI-LINGUAL RECEPTIONIST AWARD BID -HEAVY EQUIPMENT FOR USE BY OPER- ATIONS DIVISION OF THE PUBLIC WORKS DEPARTMENT DISCUSSION OF PURCHASE OF SHOWMOBILE AND DEFERRAL OF CONSIDERATION AWARD BID -COVE LIGHTING FOR PUBLIC WORKS DEPARTMENT ESTABLISH LEGION PARK FOR A PORTION OF THE APRIL 25, 1974 CITY COMMISSION MEETING APPROPRIATE $22,240 FOR DEMOLITION OF COCONUT GROVE INCINERATOR STACK ETC. AWARD BID -RENOVATE DOWNTOWN MIAMI STREETS RES.. 74-235 FIRST READING DISCUSSION FIRST READING RES. 74-236 RES. 74-237 RES. 74-238 DISCUSSION RES. 74-239 DISCUSSION DISCUSSION RES. 74-240 RES. 74-241 DISCUSSION RES. 74-242 MOT. 74-243 EMERGENCY ORD. 8241 RES. 74-244 PAGE NC 70-71' 71 71 71-72 72 72 73 73-74 74 74 74-76 76-77 77-78 78 79 79-80 81 81-82 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT • AUTHORIZE AGREEMENT WITH STEPHEN P. WYNN LEGISLATIVE LIASON TO REPRESENT CITY AT THE LEGISLATURE AUTHORIZE AGREEMENT FOR SERVICES OF CITY POLICEMAN TO PERFORM DUTIES WITH THE INSTI- STITUTES POLICE TRAINING PROGRAM AUTHORIZE PARTICIPATION OF CITY WITH UNIVER- SITY OF MIAMI CENTER FOR URBAN AND REGIONAL STUDIES AWARD BID - FERTILIZER PROGRESS REPORT -DR. JETHRO W. TOOMER AND JOSEFINA SANCHEZ PANDO, ADMINISTRATIVE ASSISTANTS FOR PERSONNEL PUBLIC HEARING-DADE COUNTY COMMUNITY IMPROV- MENT PROGRAM AS IT RELATES TO THE COCONUT GROVE AREA PROGRESS REPORT -DR. JETHRO W. TOOMER AND JOSEFINA SANCHEZ PANDO, ADMINISTRATIVE ASSISTANTS FOR PERSONNEL -CONTINUED PROPOSED RESOLUTION PROVIDING $25,000 FOR FUNDING PILOT PROGRAM LAY CARE FOR THE FRAIL ELDERLY AT LEGION PARK -DISCUSSION ONLY APPROPRIATE $8,000 FROM CRIME PREVENTION AND POLICE FACILITIES BOND FUND IN SETTLEMENT OF PARCEL #7088-75-9 MARJORIE WILSON SETTLEMENT - CITY OF MIAMI VS. EDISON HOLDINGS LTD. AUTHORIZE CITY ATTORNEY TO EXECUTE AGREEMENT BONDED RENTAL AGENT POLICE DEPARTMENT INTERIM BUDGET -BRIEF DISCUSSION ADJOURNMENT ORDINANCE OR RESOLUTION NO, PAGE Ni RES. 74-245 82 RES. 74-246 82-83 RES. 74-247 83-84: RES. 74-248 84 DISCUSSION 85-88. RES. 74-249 89-93 MOT. 74-250 93-100 DISCUSSION 101-10 RES. 74-251 106-10 RES. 74-252 107-10 RES. 74-253 108-11. DISCUSSION 110-11 iik MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day oic Match, 1974, the City Comm.iaa.ion of Miami, Plc/U.4c met at .ita negutah meeting ptaee in said City ,in negutan aeaaton. The meeting waa ea.tttd to onden at 9:02 O'C.eoek A.M. by Mayon Maun. t Pehne with the Ottow.ing membena etc the Comm.iaaion Pound to be pnea ent: Atao pneaent: Comm.i44conet J. L. P.tummen Commiaa.ionen Manoto Reboso Commia ionen Roa a Gondon Commi.aaionen Rev. Theodone Gibson Mayon Maun.iee A. Petite P. W. Andnewa, City Manage& John S. Ltoyd, City Attonney H. D. Southenn, City Ctenk Ratph G. 0ngie, Aaa,i,atant City Ctenk ***s***************************e****s***yes********* An invocation was det.ivened by Reverend G.Lba on who than ted thoa a pnea ent .in a ptedg e o ‘ attegiance to the Stag. r 1, MOTION TO WAIVE READING OF MINUTES OF PREVIOUS MEETING 0n the motion of Reverend Gibson, seconded by Mr. Reboso, it was unanimously agreed Jo waive the reading of the minutes of the previous meeting. 2, DECLARE FRIDAY MARCH 29, 1974 - NATIONAL VIET NAM VETERANS DAY IN MIAMI Mayor Ferre: Ladies and gentlemen before we begin our delibera- tions this morning, we have with us Mr. Ainsley Ferdy. Mr. Ferdy, would you come up to the microphone for a moment. The last time you were here, I meant to mention this, and I forgot to do so. Mr. Ferdy has recently been elected to the National President of the Jewish War Veterans which number well over 100,000 and this is a distinct honor for him, and for our community. He was just mentioning to me that tomorrow is Viet Nam Veterans Day Nationally. I think we may have prepared a resolution, but in case we haven't I think it would be appropriate for us to pass a resolution de- claring tomorrow Viet Nam Veterans Day in Miami because certainly we have in our midst people who gave of themselves and some people who lost their lives from this community defending our nation in Viet Nam and others who were critically wounded or wounded in some way, and I certainly think that it is very fitting and ap- propriate that we recognize this kind of patriotism and valor in these difficult days. Would somebody make a motion? Thereupon the following motion was introduced by Reverend Gibson who moved its adoption: MOTION NO. 74-210 A MOTION NATIONAL MIAMI. bECI ARING ?RIMY, MARCH 29, 1974, AS VIET NAM VETERANS DAY IN THE CITY OP Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 3, CONDITIONAL USE -VARIANCE: LOTS 12, 13, BLOCK 101S BRICKELL ADD AMO (B-113) Item withdrawn by the applicant. Mr. Plummer: For the record, Mr. Mayor, I think a copy of that letter that was addressed to Father Gibson should be supplied to the clerk which is the formal request. Reverend Gibson: We'll also send Mr. Boyette a copy of that letter. Is that all right, Mr. Mayor? Mayor Ferre: Yes, fine. 4, CHANGE ZONING CLASSIFICATION - AND VARIANCE: S 50' LOT 1 HERBERT L, STEVENS SUB Mr. Ainsley Ferdy: Mr. Mayor, I am going to request on the be- half of the applicant that this be deferred. The architect did meet with the planning department but he didn't take the client with him and there is a disagreement over what has been worked out and we would like some additional time so that my client can meet with the Planning Department in a proper fashion on this property. Reverend Gibson: You need 30 days? Mr. Ferdy: Yes, sir. I think until the first meeting would seem to be a suitable time. Thereupon a motion to defer an No. 6871 was introduced by Reverend and adopted by the following vote - Gordon, Mr. Plummer, Mr. Reboso and ordinance amending Ordinance Gibson, seconded by Mrs. Gordon, AYES: Reverend Gibson, Mrs. Mayor Ferre. NOES: None. 5, DISCUSSION ITEM: MAYORS REPORT ON EFFORTS IN RECRUITMENT OE SPANISH SPEAKING PERSONNEL ETC, Mayor Ferre: Let me make a statement about the City of Miami in general, the Police Department and minorities. For the record, I would like to say that last night and today Commissioner Reboso and I have been meeting with Mr. Herbert Rice of the L.E.A.A. and we also last night met with Chairman Henry of the cabinet committee of the Spanish Speaking People which is a major federal agency which involves itself with Spanish speaking pro- blems for the 15,000,000 Spanish speaking people throughout the United States. Commissioner Reboso had initiated the conversa- tions when he called Mr. Ray Maduro, and through Mr. Maduro's MAR 281974 2 and CoMmissioner Reboso's efforts, we were able to get an inter- est on the part of the L.S.A.A. to consider funding a program for the City of Miami to train and improve the lot of the Latin-Amer- ican or Spanish speaking police personnel both from the recruit- ment side and from the upward mobility. It was my hope that Mr. Rice would be able to address us here this morning but it was his thought that this was somewhat early to do that and therefore, I just want to go on record saying that we are pursuing this matter. Now the importance of it, and I want you to listen to this, cause I want to go on record here, as Mayor of the City that we are well aware of the fact that over the years there have been in- equities that have existed for both the blacks and now more re- cently for the Cuban -Latin community. This City is not unaware of these problems. We are fully aware of the impact and even though we have been taken to court for action, I don't want any- body to misinterpret or misunderstand or feel that this present City Commission and this present administration needs to be taken to court to be made aware of our responsibilities as far as the Civil Rights of employees of the City of Miami. That tae are fully aware of it and we are trying to do what can be done with due diligence. Now there was a group of Latin American police- men that protested in November and December of this year, and at that time I promised them that we would have some kind of action in 90 days. Now 90 days are about here and we have not been able to finalize in a direction, but Mr. Manager, March 28, I want to tell you again that time is running short on us and I don't want to be facing this issue in the Federal Court looking at a judge and giving him reasons why we haven't done, or why we haven't moved. Now in my opinion, you are well aware of the problem and you are moving with due diligence. I just want to on the record state the importance of this, the impact of it and hopefully re- quest that some time in April, preferrably at the first meeting of April and not on the second of April with an outline of where we are and exactly where we are going not only with the problem of blacks in the Police Department but with the problem of the Latins, and especially the problem of what the direction and what the timing is of getting a Latin major and other officers in the City of Miami Police Department. Mr. Plummer: Mr. Mayor, I would like to concur with your state- ments. I think through the cooperation of all this City Commis- sion has been very cognizant and somewhat, I think prematurely criticized for what we have tried to do in the past for our em- ployees and the employee organizations. I can't let it go by without saying a word of praise for our present City Manager who I personally have observed on a number of occasions who has gone out of his way to demonstrate to not only the employees, but to us, his bosses, that he is concerned and he has shown this time and time again. When I have, and I know other members of this Commission have gone to him bringing to his attention problems that have existed, I think a spirit of cooperation is in that Manager's office today as I have never seen it. And I think, Mr. Mayor, that anything that needs to be done on behalf of the employees, I am sure the pay is a question which will always have a little bit of argument to it, but as far as the needs, the working conditions and things of this City, I am very proud to see Mr. Paul Andrews in that role, doing the job that he has done for the employees, and I just can't let that go without saying it. Mayor Ferre: All right. Mr. Andrews do you want to say anything on this matter? Mr. Andrews: No, I am not prepared to describe what the City is attempting to do from the standpoint of administration. We've MAR 281974 taken the direction that you stated many months ago and as I indicated to the Commission, and it is already in the record, a restatement of your statement this morning, Mr. Mayor, in that as soon as we receive the court order, one of the first things that 1 indicated and the Commission concurred was that we would have conducted ourselves as the Court Order has outlined us to do without such a court order. That we did not need the court to look over our shoulders to indicate that the City of Miami had a serious problem and that we are addressing ourselves to that, and I will report by no later than the second meeting in April to the Commission, a full detailed report of all the areas where we have acccomplished some inroad into this matter and also what we plan to do in the months ahead. 6, URGE APPROPRIATE REGULATING AGENCIES - CONCERN OF NORTHEAST AREA RESIDENTS ABOUT PROSTIJUT1DN ALONG BISCAYNE BOULEVARD Mr. Plummer: Mr. Mayor, two things. One of them very brief and one of them a little bit longer. Mr. Mayor, you will recall that you yourself, Mrs. Gordon and I appeared at a town meeting at the Lutheran Church up on Biscayne Boulevard. I think that one of the things that was brought home to bear very prevalent was their great concern as it relates to the prostitution issue in that particular area. As you know, we have been told by our City Attorney that the authority delegated as far as hearings and licenses are concerned, that this Commission has no control over the areas of Hotel and Liquor Bars. We do over night clubs. I think, Mr. Mayor, it would be behooving of this Commission that we send a very strong letter of immediate action to the appro- priate parties, whoever that be, that they who have that authority go in and investigate the complaints of these area residents for possible action to help stop this problem from which this Commis- sion has no control. So at this time, Mr. Mayor, I would like to offer a motion that the City Attorney be directed to send a letter to the appropriate party of the governing board as it relates to Hotels, Motels and Bars bringing the concern of the people of the northeast to the attention of that body. asking them to take im- mediate action and hopefully relieve the minds of the people of the people of the northeast section, and I offer that in a motion. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-211 A MOTION REQUESTING THE CITY ATTORNEY TO NOTIFY THE APPROPRIATE REGULATING AGENCIES FOR HOTELS, MOTELS AND BARS OF THE CONCERN OF THE CITY COM- MISSION AND THE RESIDENTS IN THE NORTHEAST SEC- TION OF THE CITY OF MIAMI OVER THE PROBLEM OF PROSTITUTION ALONG BISCAYNE BOULEVARD, AND TO URGE SAID AGENCIES TO TAKE IMMEDIATE INVESTI- GATIVE ACTION AND APPROPRIATE MEASURES TO REMEDY ANY PROBLEMS WHICH EXIST. Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. • MAR 2 81974 DISCUSSION OF DESIGN OF NEW POLICE HEADQUARTERS BUILDING APPOINTING oFsomtussioBERs_ LLUM1EE, & GIBSON AS COMMITTEE Mr. Plummer: Mr. Mayor, the other item I want the City Manager to hear this. At the last Commission Meeting, Mr. Mayor, I re- quested of the City Manager that I be furnished of a copy of the presentation of a package of the Police Issue as it related to bonds. I spent considerable time, and I would like to thank the efforts of the City Clerk for putting up with me, of which we finally I bug them pretty bad over there, but when I re- member something, I remember it. Mr. Mayor, there is a book that was presented to the Commission, of which you were the only member at the time, on Ja:.suary 8, 1970. This was the formulation of a package for the Police portion of the bonds which was being, if I may use the word, sold to the public asking them to approve the bond issue as it relates to the Police Department. Mr. Mayor, certain things after reading this book I have found that concern me to no end. For example, something that has not been said, and I have heard nothing about, and I think this City would be very hard pressed to comply with. In this booklet, and I am reading from it. The Building was proposed at 360,000 square feet and $11,000,000. I asked at that meeting of two weeks ago if this building had been cut from its original proposal. I don't re- member who answered it, but the answer was no. The building now, as presented to us is cut down to 137,000 square feet or 61.9% less building still at $11,000,000. The item that bothers me here is just a little item for $5,000,000 and it reads this does not include a non -bondable $5,000,000 for furnishings. $5,000,000 for furnishings. As we read down on this brochure we see an item called other electronic equipment $1,600,000. In the back of the book, the question is asked; How about that $1,6000,000 for special equipment? That is reading from the book. Here we have such items as closed circuit TV cameras in the high crime areas monitored at the Police Station. To the best of my know- ledge it has been eliminated. Remote radio control where bus- inessmen would have a button to be pushed that would be monitored in the Police Department direct. To the best of my knowledge this has been eleminated. The Mobile Command and Tactical Unit. We are working on a mobile communications which has nothing to do, as far as I know, with this bond issue. We go into such other items as lazar beam viewing apparatus. I don't know what they are, but I am saying this or some of the items that were sold to the public. I asked the question that I could only re- member, what about helicopters. I remember that very distinctly. We have in this bookleta thing called vertical patrol and it says in here, that helicopter service is a vital portion of this pack- age not is one helicopter, not two, but three helicopters were included in this package. You, Mr. Mayor asked the question of the people from SRI is this pie -in -the -sky. Do you remember that statement. I will read, Mr. Mayor, to you your comments from 1969 when your main concern a: that time, when this package here was proposed. ----Well basically the comment was this: Your com- ment to the chief was at that time "Mr. Chief, are these tried and proven methods?" and the answer was "Yes". Your question was two weeks ago, "Mr. Chief, are these tried and proven methods?" and the answer was, "There is no system in the world like this one existing." Now Mr. Mayor, these are certain inequities that have me bothered to no end. I called upon the City Attorney and asked him, what is the position from a legal standpoint? I find, that it is really not a legal question, that this Commission in its wisdom can deviate, I shouldn't use the word deviate, reasign funds of a bond issue. But Mr. Mayor, I have the same strong feelings about any bond issue as I did with the Park Issue, I still have that when this Commission sells to the public MAR 2 81974 ti and asks for their approval, 1 think it is within the realm of this Commission to provide to the people the package which you Sold them. Now Mr. Mayor, these are things that bother me. 1 present therm on top of the table here today. You know I made my comments very clear here two weeks ago. 1 think that the build- ing is more than we can afford, I think Mr. Mayor, that we have to give some more thought and I ask you in your wisdom what you think about this which 1 have presented here this morning. Mayor Ferrer All right, before I make my comments, I would like to ask Mr. Andrews if he would like to say anything at this time. Mr. Andrews: Yes. There are two things that I would like to in- dicate. One, certainly we should set some time to answer all of Commissioner Plummer's questions in reference to that blue booklet but perhaps equally important is the fact that that blue booklet was prepared at a time before we had engaged the consultant to assist us in determining precisely how the department would be modernized. This was merely a plan to indicate That there were other ways of delivering and performing the police services and that the Police Department was in need of modernization. I don't know how much circulation that booklet received, I think it was designed specifically for the Commission to indicate areas where the Police Department, and how it could be modernized. There was care exercised in the production of the literature and in- formation that went to the public as to the purpose of the whole bond issue, and that was to modernize the Department, and I think we are achieving that. Mr. Mayor, and Members of the Commission, if it is the Commission's wish we will take the items in that brochure and respond to them either at a public meeting here or by memorandum. I think it would be better to go through each one of those items with individuals present and take them one at a time and spend the time to go through it and give an explan- ation to each one of the questions that the Commission might ask. Mr. Plummer: Mr. Mayor, for the record, let me please, let the record reflect that in no way am I advocating that I am in favor of all items contained within this booklet. But I do state for the record that these are items which I feel were sold in a pack- age, so I want that to be reflected. Mayor Ferre: All right. My thoughts are like this. I was on the City of Miami Commission in 1969 when this matter was brought before the Commission and discussed on several occasions before it was placed on the bond issue which was voted on in early 1970. At that time, Mr. Andrews, you were assistant City Manager, and I think, if I remember, that you were at those hearings. You participated and were a part of them. Now, I think there is a basic matter of philosophy involved in all of these things, and I know that Commissioner Plummer is a strict adherent to the premist that bond issues as presented to the public must be adhered to verbatim as presented. Now, I think this is a matter of inter- pretation rather than a legal opinion because we have been told by our attorney on several occasions that it is, these things can be altered within reason. Now it is my personal opinion, and let's take this as a classical example of a situation that is presented to the public and the people vote for the bond issue. They voted for a modernized Police Department and they were told that it was aping to cost $20,000,000 to do that. Now I want to make two points very clear here. One is that we are now 41 years down the road. There is a reason for that. The reason is that we have taken 41 years to study the original proposal. The orig- inal proposal was nothing more than a thumb -nail sketch of what at that time a brand new chief. Chief Garmire came on board in 1969, and he had been here for 6 months, and some people involved in Police work thought was needed. Now since that time we have • spent hundr4ds of thousands of dollars with Stanford Research Institute and internally in analyzing our specific needs. So, the fact that for example, he originally wanted a 360,000 square foot building and now is down to 137,000 square feet, maybe noth- ing more than a realization that that is all we really need, so why put up a 360,000 square foot building when we only need 137 thousand? The fact that for example, that we don't have the hel- icopters in this matter might have an explanation, I don't know what the reasons are. This $5,000,000 of furnishings and what exactly that means I think may have a reason. But, I think Com- missioner Plummer is rendering a very valuable service to this City by questioning and being the prober or the conscience, if you will and asking, probing difficult questions that I think thanks to his effort and research are coming out, and I think re- quire an answer. And Whether or not those answers will satisty him or whether or not those questions will bring about another series of questions and a reevaluation by this Commission is something that only the future will tell. I would , therefore, like to appoint Commissioner Plummer and Father Theodore Gibson as a Committee of two to sit down with the Manager as a commit- tee of this Commission, to sit down with the Manager and with whomever Commissioner Plummer and Father Gibson want to call in and I would like to ask that Commissioner Plummer chair this two man committee and have any hearings that he thinks are necessary to satisfy his questions and those of us on this Commission. I would respectfully ask the other members of this Commission that any questions that you might have, that you would put in writing and submit them either to Father Gibson or Commissioner Plummer for their discussion. Then, I would say sometime in April, and it might be at that special meeting that we are going to have April 18, or whenever you can fit'it into the agenda, Mr. Andrews that Commissioner Plummer and Father Gibson come back to this Commission with a full report of their findings. I would also like to request that a set of blue prints of the preliminary sketches be made available to Commissioner Reboso and perhaps left up at the Commission Office so that anybody who wants to go throught the presentation can do so at their leisure. Is there any other comments? Mr. Plummer: Mr. Mayor, I would just rather only ask that instead of setting a date that you allow Father and I to have the leeway of getting all of the facts down and then asking for a date to be set. Mayor Ferre: As chairman of the committee, I leave that in your hands. You and Father Gibson decide when you want to come back to the Commission. I think if you come up with recommendations of any changes that the sooner you do that the better because at this stage, this Commission has gone on record approving the recommended program and the architects are at work making final working drawings. Mr. Plummer: Well, Mr. Mayor, I must add the comment there that I only voted favorably to allow them to proceed because this Com- mission retained the final say so as to the approval of the draw- ings and the bids and the things of that nature. Mayor Ferre: Well, that is fine, Mr. Plummer, except that the architects are now spending our money, the people's money on drawings and if there are any changes that are forth coming, I think that the sooner that we bring this out I think the better, so time is of the essence. Mr. Plummer: Fine, sir. a AMEND ORDINANCE 6871 - CONDITIONAL USE PERMIT FOR HOME OCCUR.ATIOVT._ Mayor Ferret As 1 remember, this is the matter that Mrs. Alice Wainwright brought out. Was Mrs. Alice Wainwright advised that we were going to take this up today? Mr. Andrews: Yes, she was. Mayor Ferre: Is there anybody in the audience that wants to speak to ordinance amendment - Home Occupations which is #5 on the agenda and a 9:30 item? All right, Mr. Acton. Mr. Acton: Mr. Mayor you pretty well covered the comments that I was going to make. This is a result of a letter that the City Manager received from Mrs. Wainwright some months ago and as a result of her appearance before the Commission, this particular amendment was drafted and sent back for public hearing at the Planning Advisory Board level. It was at my suggestion that this particular amendment be placed under the conditional uses section of the R-1 district. Mr. Plummer: Well George, let me ask the obvious. If you recom- mended that why did your department recommend denial? Mr. Acton: I didn't recommend it, Mr. Plummer. Our department did not recommend this ammeddment. We're still of the opinion that we should not erode away the R-1 districts throughout the City with various provisions that would allow employees to be ut- ilized within single family homes. Mr. Plummer: You mean an extention? Mr. Acton: That's right. Mr. Simpson: Mr. Mayor, I did receive a call from Mrs. Wainwright late yesterday afternoon. She is ill and unable to attend but she did indicate that she had no further remarks other than those that she made before the hoard and they're a part of the minutes. Mayor Ferre: I think we have been through this several times and we have the recommendation here from both the Planning Advisory Board and the Planning Department. Is there any further discus- sion on this item? Mrs. Gordon: Mr. Mayor, I think this bears some real serious discussion because we cannot be like ostriches and put our heads in the sand and say the problem will go away. The problem is existing and almost in every home occupation that is currently being operated in the City of Miami, you will find there are not a strict adherence to the single owner occupant concept and what our Planning Department is saying is; we would rather let them do it illegally than permit someone legally to have an assistant by way of a receptionist, a telephone operator or a secretary, or whatever. I would like you to tell me, Mr. Acton, how you could tell a blood relative by looking at them. Mr. Acton: Commissioner Gordon, at the first presentation that was made on this particular amendment before the Commission, it was brought out that the Building Department does have enforce- ment problems because you cannot tell by looking at an individual that is in a house, whether or not he is a blood relative. We are aware of this problem and it was also pointed out to the MAR 2 81974 a a Commission that Dade County and other cities throughout the United States have eliminated home occupations entirely from their single family districts but I agree that it is impossible for a Suillding Enforcement Officer to go in and determine whether or not an individual in the home is actually a relative or not. Mrs. Gordon: Therefore, what you're saying is that it is better to let them proceed illegally than to provide a legal means for an honest person to be able to operate in their home their pro- fession. I would rather have people take the honest route and do it that way than for us to close our eyes and take the other way and say that it is ok the other way. So I think that with your rem mmendation of.applying a conditional use to the regul- ation you do therefore, have the proper tool to prevent the, let's say the abuse of this kind of a change and I therefore, do not agree with you in regard to your denial, and I do not agree with the board although the board was completely split on it as I read in the minutes. I don't believe it was a unanimous 4 decision, was it? It was a 4 to 3 which is a very yes or no kind of decis- ion. So I therefore, because.I firmly believe that I rather go the legal route, I will move that we approve this ordinance with the conditional use specifications so that it may be applied only by consent of this Commission and also of the neighborhood. I have to amend that. I don't think that conditional use comes to us any further, it goes directly to the board, is that right? So that it will come to the board, but it will be by due notice to the entire neighborhood which surrounds the particular applic- ation. Mr. Acton: That's right. Mr. Plummer: Mr. Mayor, I would like to second that motion, and under discussion, I would like to very simply state as I stated when I asked for this to be studied by the department. I would only vote favorably for this type of an application where it is under the conditional .use provision which means that at all times this Commission reserves the right within its wisdom to say yes or no in a particular area. Mayor Ferre: A11 right. The motion is on a conditional basis. Is there any further discussion on this? Ca11 the role please. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW SUB -PARAGRAPH (1) TO PARAGRAPH (6), SECTION 1, ARTICLE V, TO PERMIT AS A CONDITIONAL USE, HOME OCCUPATIONS EMPLOY- ING NOT MORE THAN ONE (1) PERSON OTHER THAN THE OCCUPANT OF THE DWELLING UNIT; REQUIRING APPRO- PRIATE ON SITE PARKING FOR BOTH THE OCCUPANTS OF THE STRUCTURE AND THE SAID EMPLOYEE IN ADDITION TO MEETING THE OTHER REQUIREMENTS SET FORTH IN SECTION 1 (8) OF THIS ARTICLE; AND BY REPEAL- ING ALL LAWS IN CONFLICT HEREWITH. was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 6 a a 9. VARIANCE NORTH 50' LOTS 25, 25, BLOCK 4-WILLIAM A. RICE SUB Mayor Ferre: Are there any objectors on item 6 which is 3326 Mary Street? Are there any objectors present? All right, your name and address for the record, sir. Mr. Yiannis 8. Antoniadis: Mr. Mayor, honorable councilmen, I am seeking a variance for the front setback of a proposed build- ing of my own office in my own home on 3326 Mary Street. I would like to take you first through a tour to familiarize yourselves with the surrounding buildings of the area. The building in quest- ion is this building here (slide). The following are slides of existing buildings in the area. This is the site of the 18 story building. My building happened to be in an arbitrary, inside the arbitrary boundaries of the interim zoning. The interim zoning of the central business district of Coconut Grove. Had I been on the opposite side of the street I would not have had to appear before this board. In the set back requirements of this zoning, which will be exhibit "A". The zoning ordinance provides for a ratio of three for every three feet horizontally traveled. That one goes up two feet and this creates a line which no part of the building can intersect. In other words, I can build a building like this if I am to use all of my land for commercial purposes or I can build a building like this if I am to use 25% of it for residence and 75% of it for commercial as the law provides. In- stead, I want to build a building like this which has parking on the ground floor, three stories of office and two stories of my own home which has two story openings. The reasons I wanted to do this buioding is that I have a large oak tree in the rear yard which I do not have to any set backs, I am only required 10 feet setbacks and I am providing 27 feet setbacks to save that tree. On the side yard I am not required to have any setbacks although I am pulling the building 6 feet this way to save ad- jacent small trees and at the front where I am required to have 10 foot setbacks I am providing 25 foot setbacks. The problem comes from this line of the ratio 3 to 2, and part of my build- ing is in violation of that. It is the area in the triangle up here, or exhibit 4 in your brochure. The re -zoning report rec- ommended I pull the building 65 feet back which will leave me 10 foot building and no tree. This is how it relates to the site. In front of my building there is a sea of parking, and a large open ares which I am trying to define and create an ---- space out of it, and simultaneously I am seeing something like 600 feet of parking in one direction and 250 feet of parking in the other direction. Again, another view of how my office and home would relate to the site. Instead, this is the building that I am proposing to do. There is a roof top garden, it saves the tree and has planting in front of it. The buidling has been segmented so as to reduce the scale of it. The rear view of the building (slide). Now a view of the side. This is the building that I want to put in coconut grove. I have lived here for some time and I am a permanent resident of Coconut Grove and I am about to bring life in this area where now it is deserted after 5:00 O'clock. I need your support to do so. Mr. Plummer: Mr. Mayor, I would like to first hear from Mr. Acton. Mr. Antoniadis: May I also point out that in pursuing ing I have no opposition at all. Mr. Mayor, I have no The people have withdrawn; their objections. There are that effect in the brochures. this build - objectors. letters to MAR 281974 Mayor Werra: Mr. Acton, is that a matter of record now? That the objectors have withdrawn their objections? Mt. Acton: Well, The man says he has letters withdrawing, and 1 think these were objectors of record anyhow. Mayor Ferrel 1 wanted to get that into the record. Mr. Simpson, we understand that the three objectors that are on record have withdrawn their objections, is that correct. Mr. Simpson: I will have to check the files and see if we have anything in writing. We reflect only that which was submitted at the time of the public hearing before the board. Mayor Ferret All right. Mr. Antoniadis, would you give him copies of the letters. Mr. Plummer: Mr. Mayor, for the record here, is there anybody present today that is an objector? Mr. Antoniadis: I also have the blessings of the Coconut Grove Chamber of Commerce, my neighbors, Mr. Russell, Dr. Robertson, the Coconut Grove Association Inc., Mrs. Mary Grable from the Sandpiper and Walter Marbly, and two other letters. Mr. Plummer: Do you have a letter there from the Coconut Grove Civic Association? Mr. Antoniadis: They are all exhibited in that blue brochure. Mr. Simpson: The three people that objected originally at the board level was Mary Grable, Walter Marbly, he's got a letter there. He owns the laundry, right? Mr. Antoniadis: Yes, and Mrs. Mary Grable, and the third person, by the way, does not live in the United States and he is nowhere to be found he's in the Assumption Islands. Someone else signed his signature. Mr. Simpson: The other one was Mr. Lawrence J. Blatley. Mr. Antoniadis: Mr. Blatley lives in the Assumption Islands. Mr. Acton: Mr. Mayor, and Members of the Commission. This part- icular comes to you with the unanimous denial from the zoning board, denial of the Planning Board, and also from the Dade County --- which would in effect deny the application. I will read the letter from the Dade County Department of Traffic and Transport- ation. A review of the site ---- inefficient parking area. The 10 foot wide alley which provides access to the parking area under the building holds a car so close to the building that upon turn- ing into the parking aisle, a car is in such a position that con- siderable maneuvering would be required to enter the parking stalls. Under certain condition$, a car might find it impossible to enter certain stalls. Cars exiting into the alley would experience the same condition. One stall at the far end of the aisle does not provide a backing turn space so that an existing vehicle would be required to back all the way out to the alley. Similar conditions prevail at the three parking spaces in the rear of the building. We take this opportunity to point out that if off street parking is too difficult, the drivers will park on the street adding to thfe already existing parking shortage. Now the reason that the Department is opposed to this particular application is based upon our comprehensive study of Coconut Grove area which is nearing the public hearing stage at the Planning Advisory Board level. We have made recommendations in MAR 281974 a a this particular study that the ratio should not exceed 1.0, that the heighth of any particular structure in the central bus- inesa village district should not exceed four stories and l do want to point out to the Commission that this particular build- ing is a 6 story building that would not be compatible with the imMediate area. All the buildings in the immediate area surround- ing this particular location are one, two and three, four story buildings. The substance of this application is simply that the applicant is asking for too much building on too small a lot, it would be completely out of character with the proposed future zoning and also is in violation with the interim zoning regulation. The interim zoning regulations were applied to mainly control the height and scale of structures in the village district area. That is the reason that he is in violation of that particular ordinance. Mayor Ferre: All right. You've got about three minutes left and I want to say that for everyone here that I really want to stick as closely:as we can to the schedule of the agenda items because there are a lot of very important things to come up so Mr. Antoniadis, I would appreciate it if you would wind this up. We've only got a few minutes left on your item. Mr. Antoniadis: Yes. Mr. Mayor, in defense of what the Plan- ning Department has said, first of all I would like to inform the board that this is under C-2 zoning. I am required to cover twice the gross land area. I am only covering 1.34. Under interim zoning I am required to cover 1.5. I am way under that requirement to 1.34. As to the parking, in those brochures, I have provided for you I have xeroxed a copy from the City of Miami ordinance that covers parking, and my parking is exactly as is stated in the City ordinance. If they would like to change the ordinance I would be happy to comply with it. As far as land- scaping, I have three times the amount required. And as far as the character, you have all just witnessed what surrounds my area and furthermore, this zoning, the interim zoning also has a very good intent. It is very arbitrary in its boundaries and it has very poor means of implementing what they are trying to do. Thank you. Mayor Ferre: All right. Are there any questions, any comments, any motions? Mr. Marks: I will make it very brief. My name is Larry Marks. I am a general contractor and real estate broker. I have examin- ed Yiannis' plan, I have done two jobs for him, one of which won a local award from this Commission and I have studied this over very carefully and in my opinion this is a very good project and it conforms to everything you are trying to accomplishin the Grove. Mayor Ferre: I will tell you, my opinion, and I have read this thing over previously and I have studied this matter. I recog- nize that the Planning Department has recommended a denial and the Zoning Board voted 5 to 0 against it. However, it is my personal opinion that when you have a project that has the archi- tectural quality and beauty of this particular project, and the most important thing to me is that the density instead of being two which is allowable or 1.5 under the interim is 1.34, and the reason for the 6 floors rather than the 4 or 5 is that he set back 24 feet to save a tree. It certainly seems to me that what he is doing is he is following exactly the type of thing that we in this community want, and that is to save our trees, save the beauty of our surrounding area. He has come up with a very imag- inative qualify building. Very much in character, in my opinion, with the best things that we want to preserve in the Grove properly 1' 14. MAR 281974 a landscaped and approved by the most critical organizations that we have in our midst which, and I don't mean to say this in Grit- icisin of them, but I have never seen people that are mote against n}.ore things than the Coconut Grove Association, Inc. and the Coconut Grove Chamber of Commerce and for you to have gotten their approval, to me, is just incredible that you've gotten both their approvals. From a community point of view, from an aesthetic point of view, from the Coconut Grove's point of view, the fact that you don't have any neighbors complaining, I not only am in favor of this, but t want to commend you for having used your imagination in coming up with something that is a distinct im- provement on the drab box -like type of buildings that this com- munity has got to get away from and using imagination to come back with a definitive solution. Mrs. Gordon: Mr. Acton, can you answer this question? If this were not in fact the border of the interim zone, if it was across the street, would he have to be here before us today? Mr. Acton: I can't answer that question off hand without taking a look at the set back requirements in the RC zone, but he prob- ably would not. Mrs. Gordon: He probably would not is what I feel. Mr. Acton: But I do want to point out to the Commission that the lower level where he is planning on putting parking, you know, is extremely inefficient as pointed out ---. I say the reason for the denial by the Department of Traffic and Transportation is the way that the ground level off street parking is designed. It is very simply a matter, Mr. Mayor and Commissioners, that if the building were reduced in height and floor area ratio that this problem would not exist. I told the commission the character of the Grove demands that no more than a 4 story height limit pre- vail in this particular area. I agree that Mr. Antoniadis has done a fine job of designing the structure but on the other hand, I do think that he is violating many of the precepts that we have established for the Coconut Grove Comprehensive Plan. Mayor Ferre: Would you rather that he knock down the oak tree then go to four stories which he can probably do within the law? Mr. Acton: No. That is not the point, Mr. Mayor. The point is that he can still retain the oak tree, he can still have a well designed building if he would reduce the height and the floor area ratio. Mayor Ferre: To reduce the height, he is already down to 1.34 in density, you're saying he should reduce it to 1 when the law allows 1.5. Mr. Acton: Mr. Mayor, you know as well as I do that there are many regulations in each particular zoning district. Those reg- ulations are established so that the particular application will be equitable for different sized lots. Now as I point out, this lot is extremely small. If he had a larger lot there would be no problem at all with meeting the floor area ratio or the height. Mayor Ferre: Mr. Acton, the classical example that I remember was that series of buildings on Brickell avenue where you may recall one time there was a public hearing and maybe some of you here may have been at that public hearing four or five years ago when Mr. Daniel Peres wanted to build one structure, do you re- member that item, when he came in here? Mr. Acton: I'm sorry, I didn't catch the name. MAR 2 81974 a Mayor Ferre: Mr. Daniel eres wanted to build On Brickell, not on Brickell, on U„Sb 1, t think it must have been around 30th. Mr. Acton: You're talking about the multi -family district where -- Mayor Ferre: Yes, and he came in with a project to build one building and the community went completely against him, and as a consequence, he said, "You know what t am going to do. I am go- ing to adhere to the law and I am going to build a whole bunch o of little boxes there." And I hope nobody lives there because those are condominiums and you may have bought some units there, but to me those little boxes are horrible. I'm sorry, I think those little boxes on U.S.1, it's right near the entrance to Vizcaya about 18th, you know those little two, three story white buildings. They are just a series of little boxes and if we had had any sense at that time, we would have accepted, he wasn't asking for any, for that much in variation,if you remember. We would have been much better off with one building. He had recre- ational area, he had landscaping, he had green area which he was going to have, and instead of doing that, we said no. You stick to the regulations. We turned him down and he went ahead with- out getting one variance and built ten little boxes that are hor- rible. Mrs. Gordon: I think the crux of the whole thing is in Mr. Acton's answer, although not definitive because he says he needs to work over the figures to give me a positive answer, but the point was that if in fact the interim zoning were not on this property he could build this building without a variance or a request of any sort of this Commission. I would like to ask you once again if I am correct in that assumption, Mr. Acton. Mr. Acton: I would like to point out to the Commission that the parking lay out under the RC would still not be Mrs. Gordon: Is he in an RC? Mr. Acton: I am talking about the parking lot layout. No matter what the district is, it still would not be an efficient parking lot lay out. My point is if he would reduce the floor area ratio then he could get the parking in such a way. Mrs. Gordon: Let's talk to the facts. Is he in an RC district? Mr. Acton: He's in the interim zoning district for Coconut Grove. Mrs. Gordon: Nc. What is the present zoning on the land? Mr. Acton: C-2. Mrs. Gordon: C-2. Ok, we are talking to the C-2 classification. Now I want to point out the reason we have an interim zoning there because I believe I was the mover for that classification being applied, and I am stating it that Mr. Acton should so rem- ember. The reason why we wanted an interim zoning classification Mr. Acton, I want you to please stand up because I am addressing you. Was so that we may in fact, preserve the quaint business district of the Grove, the historical type of construction that exists on Main Highway and Grand Avenue. In your deliberations in your department, you decided you didn't know where to put the line specifically unless you cut through properties and so there- fore you drew lines as you did draw them which happened to in- clude Mary Street which does not fit into the bill of this his- torical preservation district which is the main commercial bus- siness of the village. .And therefore, I think it is an inequity to require this Mary Street to conform to it in this particular MAR 2 81974 1� a instande because aerbss the street there is high rise and all surrounding it and there isn't any quaintness to that block. there? Mr. Acton: Yes, I think there is. Mrs. Gordont Where, in the Farm Store? Mr. Anton: It is part of.the central business district area as determined by our Comprehensive plan. If the Commission will re- call, the area across the street was in the original interim zon- ing district. Mrs. Gordon: And it didn't belong there. Mr. Acton: Well, the Commission felt that it didn't belong in there. Mayor Ferre: Ladies and gentlemen, it is 10:10 and we're 10 minutes behind schedule so what is the will of this Commission? Mrs. Gordon: I have expressed myself completely on it and I don't know, no one else wants to make the motion, I believe in backing up what I believe in. I'll move for approval. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-212 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 8142, SECTION 6 (3) TO PERMIT CONSTRUCTION OF A STRUCTURE CONTAINING OFFICES AND RESIDENCE ON N 50' LOTS 25 and 26, BLOCK 4, WILLIAM A. RICE SUB (1-13), LOCATED AT 3326 MARY STREET, REQUESTING EXCEPTION FROM FRONT YARD REQUIREMENTS AS PER ORDINANCE NO. 8142, SECTION 6 (3), BEING IN THE COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT, ZONED C-2 (COMMUNITY COMMERCIAL). (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, Mr. Plummer and Mayor Ferre: NOES: None. 10. ONFI[INARY ASSESSMENT ROLL: WEST PINEUNT SANITARY SEWER IMPROVEMENT SR-5233 - C&S The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-213 A RESOLUTION .CONFIRMING THE PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION OF WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233-C (centerline sewer ) IN WEST PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5233-C (centerline sewer) AND REMOVING MAR 2 81974 ALL PENDING LIENS FOR THIS IMPROVEMENT NOT CERTIFIED HERESY. (Here fellows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson, the resolution was pass- ed and adopted by the following vote - AYES: Reverend Gibson, Mrs, Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-214 A RESOLUTION CONFIRMING THE PRELIMINARY ASSESS- MENT ROLL FOR CONSTRUCTION OF WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233-S (sideline sewer) IN WEST'PINEMOUNT SANITARY SEWER IMPROVE- MENT DISTRICT SR-5233-S (sideline sewer) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT CERTIFIED HEREBY. • (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 pass- ed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. Mrs. Gordon absent at role call. 11, CONDITIONAL USE- SUPPER CLUB - LOTS 12 THRU 17, BLOCK 4 SHENANDOAH MANOR SECTION B (39-81) Mayor Ferre: This is the Montmartre item. Will the members that are going to make the presentation come forward please, or we are going to pass right over you. All right, sir. Mr. Perez: My name is Mario Perez. I live at 1530 S.W. 11 Terr. Honorable Mayor and City Commissioners of the City of Miami, we are doing this application under the law, under an ordinance which has been carefully studied and passed to allow the exist- ance of Supper Clubs with conditional use in the City of Miami. We at Montmartre comply with all the requirements such as park- ing. We have leased three parking lots within three hundred feet from Montmartre to comply with the amount of space required.. Mayor Ferre: Mr. Perez, excuse me for a moment. I want to see what the parameters are of who wants to speak. Now who else on your side besides you will be speaking? Mr. Perez: My attorney, Fred Burns. Mayor Ferre: Your attorney, is there anybody else? Mr. Fred Burns: Mr. Mayor, we have with us a traffic expert and various other people that we would like to use if necessary for rebuttal. MAR 2 81974 • Mayor Ferre: Who is your traffic expert? Mr. Peres: He is Alfredo Carbonelle. Mayor Ferret Is there anybody else who is going to speak on your side? Mr. Burns: Mr. Mayor, we have several other speakers that we would reserve for rebuttal only if required. Mayor Ferre: I want to know how many people are going to speak because I am going to set the parameters of time right now, and I'm not going to change it now. Mr. Burns: We will work with whatever time parameter you give us. Mayor Ferre: All right, then I assume there will be just three speakers and there might be an additional one or two. Is that right? All right. Now, on the other side, how many people want to be heard -on this item? Mr. David Phillips: I cannot speak for all of them, I speak only for myself. My name is David Phillips and Mr. Sam Sarbey, he would like to speak. Mayor Ferre: All right, Mr. Phillips, I will recognize you, and you sir, who else wants to speak? Will you raise your hands please. Objectors who want to speak, will you raise your hands please. Those of you who wish to speak. I will not recognize you otherwise. One, two, three, four, five, six, and you ma'am. I see seven speakers. All right, I don't want anybody to get up- set later on, so we just want to establish the parameters cause otherwise we will be here for two or three hours. There are seven people that are going to speak on your side. Three, you might have another one or two depending on.... Mr. Burns: Our rebuttal witnesses are neighbors that live in the area. Mayor Ferre: I understand. Now, I am going to set a time. We are already 15 minutes late and I will set a time of 45 minutes for this item. Now I think that is ample time to discuss all the points that are needed and people on the 10:30 agenda will have to wait. I apologize to them for the inconvenience of a half hour wait, but we'll try to move on as quickly as we can. Now, here is what I'm going to do. Your side has ten minutes to make your presentation. Mr. Phillips, your side has ten minutes to make your presentation and then I will give them 5 minutes to rebut, and I will give your group 5 minutes on rebuttal. That's half an hour. That gives us 15 minutes for this Commission to discuss it. And I will allocate the remain ing time as needed. Is that all right with you? Mr. Phillips: No, sir. That is precisely unfair. I have a house to loose in this transaction, my home, and I don't want to see it go whimsically away, and I may have to talk for 5 minutes. Now there are 6 other people and I don't want to in- fringe on their areas. They are also home owners, their homes are involved. Mayor Ferre: How about the people that are here on the 10:30 and the 11:00 items? Mr. Phillips: Your honor, I have seen these people wait all day for their matter to come up. These same neighbors, the .last time we were here, waited all day. I think that is a small consideration 1 MAR 28' 74 in relation to the importance...: Mayor Ferre: Mr. Phillips, how much would you like to speak? I will give you 5 minutes, now who else wants to speak? Those of you, the six of you that are remaining, would you tell me how many minutes you want to speak and.I will make an exception because you feel so strongly. I will give you as long as you want sir, how long would you like to speak? Your name? All right, Mr. Azaracan, we have you for 5 minutes. Anybody else. Could you give me your name? Mrs. Prond. Who else wants to speak? How long would you like to speak sir? Would you give me your name? 5 minutes, ok. Yes, sir. Would 3 minutes be all right, Mr. Monroe. Pross 5 minutes. Anybody else? I think this lady here wanted to talk. Ok, so far we have 26 minutes. How much time did you want to speak? Mr. Phillips, you want 15 minutes? All right. I am going to extend this, we're not going to extend this for another hour. You have now 31 minutes. Now do you have any objections now, Mr. Phillips? You will have thirty minutes also. Begin your program. Mr. Perez: We at Montmartre comply with all the requirements such as parking. We have leased three parking lots within 300 feet from Montmartre complying with the amount of the spaces required by law. Through our show all year round, we bring the best international talents to our place. By doing this we pro- mote culture and we make Miami a more attractive City to the tourist and a wonderful place to the residents of the area. Four hundred square feet of dancing floor, we also have that. Food, we serve the best kind of food. Capacity to seat 200 people. We do seat more than 200 people. To be more exact, our application was accepted by the Zoning Department on the grounds that we com- ply with the requirements of the Supper Club Ordinance. I start- ed to work at Montmartre as a bus boy seven years ago when it was opened. It has always been a nice clean outfit. We are also providing jobs for more than 30 people which in turn means 150 people living off Montmartre. It is impossible for us to stay any longer in business wi':h the hours we have. It is impossible for us even to try to compete with other people in the City of Miami which stay open until 5:00 A.M. We will satisfy our needs by closing at 3:00A.M. The rest of the presentation will be carried by my attorney, Frederick Burns. Thank you. Mayor Ferre: All right, that took 31 minutes, so go ahead, Mr. Burns. Mr. Burns: Thank you, Mr. Mayor, Commissioners. My name is Fred Burns. I am an attorney in the City of Miami. We will be brief in interest of the time. I would like to save as much as possible for rebuttal. As you know, Mr. Mayor and Commissioners, we are here on an appeal by the neighbors together with the Montmartre Restaurant. The petition was signed by a sufficient number of the neighbors to affectuate this appeal. The neighbors are supporting this appeal as the record reflects, for a number of reasons. At the last hearing, we introduced into evidence a sworn statement by one of the residents living at 1760 S.W. 21 Terrace which is immediately behind the restaurant, who is un- able to be with us today, in which I will just cite briefly, she said; "I have no objections to the Montmartre running until 3:00 A.M. although they are immediately adjacent to me. I do not hear bny noises that all disturb me. I do wish to state that because of the constant activity just adjacent to my home," and I think this is very important, "that it gives me a certain sense of protection. I do feel that the presence of a first class restaurant in this area does add a great deal of interest and value to the community. I regret that I will be unable to attend the public hearing, but this letter should serve as bonified 16 MAR 2 81974 • support to the extention of the hours of the supper club. Mayor retire:, What is the name on that letter, Mr. Burns? Mr. Burns: This Lydia P. Jewell. Mayor Ferret Would you present that to the Clerk for the record piease? Mr. Burns: Yes, sir. I will hand it up now. I would also like to refer the Commissioners back to page 24 of the minutes recent- ly held before the City Zoning Board, And at the top of page 24, picking up in the middle of the quotation, to save time rather than bringing all of these people up. "In the past, I have not heard any noise or disturbance. Today I went to see some of the neighborhood. Some of the neighbors. And I asked them if they would have any complaints in th3scase, and I was told by these neighbors that they didn't have any complaints against it. They were not able to be here because they had to work, and of course that is true today. I went to see 8 to 10 people in the same block that I live, and on their part, there is no objection." As Mr. Perez has told you, and as your staff has told you, and is required, this application complies with all the ordinances of the City of Miami including all applicable traffic ordinances. If you should grant this special use for supper club, Mr. Perez will construct a 5 foot landscaped buffer zone which will not only beautify but will help protect the surrounding residential uses and will construct a 5 foot wall. We do not believe that we're disturbing neighbors as we now operate. Mr. Perez has a valet system. I personally have inspected it in operation. These are extremely courteous young gentlemen, they are quiet. We have a scientific study that reports the sound levels in these homes. It is not discernible. We do not disturb the neighbors, but we will in order to comply with the law construct this addit- ional safety zone, a 5 foot landscape buffer and a wall. Mr. Perez will be providing more than twice the parking required by use of this valet system and just so that there is no misunder- standing, he provides more than the required parking were it to be self service, but it is not self-service because we are going to control it and be sure that it is compatible with the commun- ity. I think that it is important to remember as the Commission might well have considered in the past that a supper club ordinance is important to the City of Miami. This operation does encourage, or it does assist the City's efforts in tourism. It certainly adds more glamor and interest tothe City and to the businessmen who are more and more becoming attracted to the City of Miami. In addition, this would be good for Mr. Perez and the people who work in the restaurant because of this operation, there are approx- imately 150 residents of the City of Miami who directly trace their support and ability to live out of the operation of this very fine restaurant. It is also good for the surrounding neigh- borhood and the community in that the operation currently exists under the current law, he does not have to close his doors until 2 in the morning. He has to stop serving liquor at 1 but he can remain open until 2. Now this business is going to be there. It has been there for many years. We are going to protect the neigh- borhood further in exchange for being able to continue operation for 1 hour by increasing the buffer zone. This will also assist the neighbors in that the people will leave slowly instead of all at one time, this additional hour will give the patrons of the restaurant sufficient time to leave in a more slow fashion since everybody won't just finish and get up at the end of what would be a very early evening for them. I think the neighbors as reflected in the last time talked about the suburban character of the street when they moved there some 15 or 20 years ago and I recoanize,that 15 or 20 years ago this was a quiet suburban 10 MAR 2 81974 neighborhood. However, the city has changed, the city has grown. We now have high rises, office buildings, We have a bar right down the street open til 5:00 in the morning direct ly in competition with this restaurant, Now we are providing. - Mayor Ferre: Where is it? Mr. Burns: Big Daddy's down on Coral Way. It is just a few blocks to the west. The character of the neighborhood has changed. We cannot roll back the time. We cannot take away the high rises and the other commercial uses introduced there. Mr. Perez has been operating and wish -as to continue to do so with as little impact and disturbance to the neighborhood as possible. We believe that this plan that he has worked out at great expense, he has hired surveyors that have submitted actual surveys of these lots to the City of Miami's Building Department. They studied them and they have stated that the lots do comply with the law. Our expert will testify, he has spoken with the traffic people. The traffic pattern is com- pletely lawful ingress and egress is all according to the existing traffic ordinances and will be along Coral way and a commercial street. I think that rather than use up more of my time, I would very much like to reserve the balance for re- buttal and a closing statement. Mayor Ferre: Mr. Burns, you took 12 minutes. No, I beg your pardon, you took 7. All right. I assume, Mr. Burns that you don't have any other presentations at this time. Mr. Burns: That's correct. Mayor Ferre: Ok, Mr. Phillips. Mr. Phillips: While Floyd is helping me, may I tell you that the. Mayor Ferre: Mr. Phillips, your name and address for the record. Mr. Phillips: David Phillips, I live at 2222 S.W. 18 Avenue and I am in the midst of the confusion and the noise which my adversary knows nothing about. Now there is an interesting thing about the letter which you have received in evidence from Mrs. Jewel who isn't disturbed, and I'll tell you why Mrs. Jewel isn't disturbed. Because she has sold her house and moved away. Now the, I will be referring to this as the Mont- martre ordinance rather than supper club, and I was criticized about that before because it was supposed to be a general ap- plication. I call your attention, however, to the fact that since the thing has been in existance, six months or so, this is the only application, so here is the only supper club, so I feel at home calling it by the name Montmartre ordince. And of course, to compare this with Big Daddy's is utterly ri- diculous. The 5 O'clock Big Daddy's is down at Douglas Road. That's at 37th. We're at 18th, a long ways away. And you know what surrounds Big Daddy's there? Sears Roebuck, Modern - age, no residences, altogether a different situation. Now, I want to deal with a technical aspect first, that is that this application deals with lots 12 through 17 of block 4. Now this restaurant is not on all of that. I show you here, the part in red in the Montmartre. That is all there is to the Montmartre. Now lots 12 through 17 goes all the way down to an alley which goes back here, and there are in this area here across the blue line, yoyove got a vacant store, a dancing studio, a photography place, a beauty parlor, and then Norman's Boutique. Now,why have we got this application reporting to cover lots 12 through 17? I suspect, although I do not represent, 2u MAR281974 I suspect that it has something to do with the matter of off street parking because this place, the Montmartre which is the only applicant, has no parking at all. Any parking it has has to be off site. We do not have here as the papers read it, a off site parking lot, we have 4. It is all off site. They try to count 5 back here. Now in order to get back in there, they have to go into a very narrow alley and come back in here. (inaudible) and I believe there is a point of illegality in- volved in thatiwhole thing. Now, (inaudible) there has open- ed up a new restaurant and it is a fine restaurant. It is Riviera, and this is where (inaudible). Now what has that done? That has further flooded this area with cars. Everything I said before. Now the parking that floods these little streets is now doubled by virtue of the parking, of this business thing---- now the other thing that I think we have over looked here is this. There are these so called off site parking places. One of them is here at 18th avenue there is one here in a building built by two lawyers and there is one down here behind the drugstore. Now you realize that during the day those are being used. I still have to park on my grass because I can't find a place to park. Mayor Ferre: Mr. Phillips, where do you live in relation to this? Mr. Phillips: Now, the 5 foot buffer strip that they are talk- ing about would reduce the size of the daytime parking, and that takes a, lot of cars off the present capabilities of Amos Benjamin's lot and of Durand's lot, and the drugstore lot. Now, the whole strip along here, and a whole strip back here, and a five strip here is going to do this thread the needle to get into this place when he has put in a 5 foot planting strip so that will provide a significant addition to the cars that overrun and flood this area. Now, we come to the matter of this ----. I went out there Saturday night, of all nights, wouldn't you think they would be trying to comply with the law, the Saturday night before this comes up, your honor? Well this is what I thought. Now this happens not at 1O'clock, this happens at 1:45 so when you talk about a 1 O'clock closing, you are really talking about a lot of people out on the sidewalk up til 1:45. It takes that long to get the cars out, and then if we make it three A.M. then we are talking a quarter of 4 before the noise subsides and --- now, I followed the car jockies. The car jockies would get the cars out of here and go down here, and they are staying away from the ----- drive, you see? Because it is already evident that there is a raceway in there. The grass is all - the tire marks show too much evidence of all the U turns that they have been making, so they did, one after the other, re- peatedly go down to this intersection, now gentlemen, this is an intersection of two important highways and this is where they make the U turns. When I made that trip so many times following them I got down here to a gas station and took a position there and watched them. There was one cautious fel- low though, now what he did, he didn't make his U turn there, he went up 17th avenue about 50 feet and there he made his turn. He was not quite as flagrant as all violators, but they have to do this. Now, I know why Mr. Perez can't stop it. He can't stop it because it is geography and the thing is such that it just won't work. There is no way. You see, if a car comes out of here. This is one of the off sites, it has to go down there, it is headed the wrong way. Now when those people are out on the sidewalk waiting for their cars to be delivered, those car jockies have got to simply get those cars there in the shortest possible time or to get irrate customets, and they've simply cannot go all around the block and abide by the • 21 LIAR 2 81974 Law the way other people have to do, so as I --- they solved the problem sometimes, they parked up here on 18th avenue and flood these peoples residences and lawns, so that fellow in order to save going all the way around the block, he backed up to the entrance of the Montmartre. Can you imagine going backwards on Coral Way? Do that at 3 O'clock in the morning, and some fellow will be coming west there and see these two lights in front of him not knowing that the fellow is backing up into him. There will be a tremendous explosion. It is Simply unbearable and it is impossible to solve. Now what are the affects on the neighborhood. Well, one affect is that the noise of cars starting up, and you see, that when a car jockey gets into a car, he doesn't know the particular sensi- tivity of that car and they have to do some extra cranking, and I hear that so much that three weeks ago I did not hear my two cars being cranked up and being stolen. My wife's car and mine being stolen right from in front of my house. Well why didn't I wake up and hear this? Because we are so used all night to hear cars cranking up and talking, boistrous talk- ing, thank the Lord that the profanity when there is that, is Cuban, or Spanish so that the people do not understand that. It would be more offensive if it were in English. Now the extra two hours, I point out would make a whole lot of differ- ence because 1 O'clock, I would say the people do not get a chance to become too inebriated, but you can understand at 5, 3 O'clock, you have an altogether situation as to sobriety. Now, I believe really, that while Mr. Perez has made this an ethnic problem, this isn't really ethnic. We shouldn't be talking about Latins or Cubans, I believe that the Cuban people have done a tremendous job. They have learned all of the things in an astonishingly short time and we should be proud of them. They have learned to operate banks, they have learn- ed to fill all the jobs that people that have been here a long time, and I don't say it because I have lived here in that neighborhood 24 years that I have any more right than he does. What I am saying is that this is an enterprise that should be some other place. That's what is wrong with it. This is purely zoning. This is not a matter of discrimination. Mr. Perez has voiced over the radio that he is being discriminated against. Nothing like that. If this were Swedish, if this were italian whatever it is, it ---it wouldn't matter, the point is it is a night club in a place that has no parking and in a residential area, and it is destroying the area. Believe me when I tell you. A11 men are the same to me. I have a very high regard for the Cuban people, who in my opinion have saved Miami, saved the economy of Miami. I am grateful for it. ---- I am not even asking that they learn to adapt their custom. I see in the paper that Mr. Perez has even learned how you get a write up in the paper, the news, where it favored the fellow who is trying to break down the zoning. He has learned that in an astonishingly fast manner. Newspapers always attack the fellow who is breaking down the zoning but it was written by one Hilda --, and she found that within her - reason to say since up at 37 Avenue they could stay open to 5:00 A.M. that he could too. This really is not a Latin matter, he calls it a Latin ---. It is not ethnic at all. He has spoken to that as a reason to appeal to the political side --- Mayor Ferre: Mr. Phillips, I don't mean to interrupt you, you asked for 5 minutes, the lady said she would give you an extra 5 which makes it 10, you have now talked 13 and I am perfectly willing to let you continue, but I want you to know how much time you have taken. Mr. Phillips: I will conclude--- I merely tell you that these people are depending on you people to save our neighborhood. 2 MAR 281974 1 1 1 . r Now, there are other places for them to conduct this business, they do not own it. They rent it. Mr. Perez himself has told me that he has a competitor. In other words there is other places that people from Latin America can come and have late night entertainment, this is not the only place in Miami for that. I simply ask that he go to a proper place to conduct that business. Mayor Perre: All right, Mr. Phillips, that was 131/2 minutes. Mr. Azracan. Mr. Azracan: Mr. Mayor and ladies and gentlemen of the Com- mission, I live at 1830 S.W. 22 Terrace and I have been living there for 25 years. When I moved in there it was called New Shenandoah. Today, it is called noisy Shenandoah and I want to say I don't come down here often to complain and I have nothing against Mr. Perez. He has an investment there and he is trying his best to get ahead. But I do want to say, I just want to give you an outline on 22 street which is known as Coral Way. From 17th to 18th Avenue which is one block on one side of the street, there are one, two, three, four, five restaurants starting with the first one 1701 S.W. 22 street is a drug store which has a fountain and a restaurant. And they have their parking. I investigated all of this, I have been investigating for years. They have a chain across the lot after 9 O'clock, they do not allow any parking there. Now, going over a couple of doors after, there is a coffee shop. They close around 7:00 so they are using the day time. At 1727 S.W. 22 street is a new restaurant, not a new rest- aurant, the name has been changed. It is called Piccolo. Piccolo Italian Restaurant. He don't have no parking, he closes around 10, 11 O'clock, he's in bad shape. I know that. Now then, we have the Montmartre at 1763, and since the last hearing at the Zoning, Riviera Restaurant opened up right next door which was closed some time as an American Club, and today they make it more hazardous there. They have a little parking space. Still they park wherever they can. Now, my complaint is about those cowboys, what I mean, the valet boys. I call them the cowboys, they way they drive those cars. They squeak the brakes, they run everybody's driveway, Montmartre has no facilities for parking. First of all they said 1750 which is across the street. 1750 across the street is a new office building and at 8 O'clock, 9 O'clock there is a chain across that. Even the barber next door that has 4 parking spaces he uses a chain too. Not to allow these people, because these cowboys, they go anywheres they can park that car and run back and make that dollar, dollar and a half, and I have an objection to the way they drive and the brakes squeaking and everything else. I can hear it. I am only about a block away from there, and the noise, and I have nothing against the Cuban people, because I love the Cuban people. I have married a Cuban girl so I must love the Cuban people too, cause I wouldn't married my wife, so I have noth- ing against them. He's got some money there invested but I do reject the noise, I do reject the part where he wants to go on til 3:00 A.M., which 3: have noticed, the City of Miami has placed a policeman there every Saturday night, on duty. Now whether he's---. Mr. Plummer: He's off duty. Mr. Azracan: He's off duty. Well, I questioned this policeman three weeks ago and introduced myself as a retired sergeant detective and I had a talk with him --he says he works for the City. I say on your time, he wouldn't answer me if he was on his time off, but there is always a policeman, which is very nice, I appreciate that, but -the noise is terrible. Those 1' 23 MAR 2 81974 • cowboys, they make left turns where they aren't supposed to make left turns, squeaking the brakes, and when they break up at 1 O'clock, it takes until after 2 O'clock until they are finished Now they talk in Spanish, and my wife, of course she eavesdrops, and I ask her what they say, and believe me, 1 don't understand but she does, and I don't think it is very pleasant, which they are a little noisy, I know, because my sife gets a little noisy once in a while too. So I know they are a noisy people, but they are good people. I have nothing against them. I have been there for 25 years. The only ob- jection I have, Mr. Perez, he is there now and doing very well at 1:00 A.M. Leave it is and everything will be all right. I'm not complaining, I think 1:00 A.M. is alright. That's far enough, you don't get out of there until 2:00 A.M. and the way things are today, it is noisy, we could put up with two nights a week to the noise there, and we get these cow- boys to go a little easier, I don't know if they have licenses to drive, I would never give them a license to drive, not them guys. They are terrible, and I know. I know they are bad. Mayor Ferre: A11 right, Mr. Azarcan, that's 5 minutes. Mr. Azarcan: I think I have taken enough of your time, Mr. Mayor. I was supposed to get together with you for some- thing else, you remember? Mayor Ferre: Anytime you want, right up there. Ok, I think the next one was Mrs. Prond. Ms. Prond: Honorable Mayor and Commission, I am Miss Carol Prond, I have worked for Dade County for over 10 years as a secretary, I have recently moved into the neighborhood just about a year ago, and I too am here to complain about the noise and the screeching of the brakes. My sleep has been disturbed more nights than it has not been disturbed because of the loud music. Now I like music, I am a musician myself but I cannot understand why this loud music has to go on til about 1:00 and now they are asking it to be extended until about 3:00. I have called the owner, Mr. Perez on numerous occasions asking him to please quiet the noise or close the back door so the neighbors won't be able to hear. Incidentally, my property is almost directly in back of the night club. Mayor Ferre: What property is that, Miss Prond? Miss Prond: It is 1746 S.W. 21 Terrace. Now after the show is over at 1:00, as we know, they get their cars and this goes on until almost 2:00 in the morning, so then it is 2 O'clock before things quiet down. I want to say that this is a work- ing man's neighborhood and most of the people have lived in this community for years and most of them are conscientious peace loving working people that do have to get up at 5 or 6 in the morning and if we are talking about extending this night club, supper club until 3 O'clock which means it will be 4 or later before actually the road is cleared and the cars are all taken away. You're talking about maybe three or four hours of quiet that people can have, of quiet rest. So therefore, I am very much against this and I wish you would conscientiously consider that if a night club can have a good time until 1 O'clock, why can't they just keep it at 1 O'clock and have all their good time then, and why infringe on the neighbors and extend it until 3 O'clock. I ask you humbly to consider this and deny this request. Thank you. Mayor Ferre: Thank you, ma'am. All right, Mr. Sarby. 24 MAR 281974 4111 Mr. Sarbey: Mr. Mayor, members of the Commission, I'm Sam Sarbey and 1 live at 1801 S.W. 21 Terrace that would be on the northwest corner of 21 Terrace and 18th avenue. 1 have lived there 15 years and we have problems now that we haven't had before. #1, I drive a company car and I also have my own Car, and I use my own car when we go out to dinner, usually on Saturday night and when I come back many times, I have no place to park my own car. I must go down the block or down the side street to park my own automobile that I can't park in front of my own place. Sunday morning, it is a ritual for me to go through my yard and pick up the stubs that these car jockies when they get the stub from the customer and they go find their car. Mayor Ferre: Wait a moment, Mr. Perez, I think you ought to be hearing this. I want you to be hearing this. Go ahead. Mr. Sarbey: I say Sunday morning it is usually a ritual, in as much as I am on a corner lot, the car jockeys when they get these tickets from these people that have given them their car, and when they find the car which they park on these streets, they don't park on any lots, they just throw them on the street and I am in the pathway of the prevailing breeze there, and of course, they end up on my yard. Now, they have in the past not only parked on the street, but parked in back of cars that were parked in their own driveways, such as my neighbor, Mrs. Edwards across the street who's husband was seriously ill, and might have had to go to the hospital at any time, and they parked their cars, we don't know who parked it there, right in back of her car in the driveway that she could not get out, and Mr. Edwards was really sick, and ultimately died. Now this could have been a tragedy at that time. Last Saturday night, the stop sign at 18th Avenue and 21 Terrace, which would be on the northeast corner was knocked down. It is still not repaired. It is still knocked down and laying there. Now we have had to completely air-condition our house to live in this neighborhood. That is the only we can live there is to close up all the windows and go to that expense which we felt we didn't have to. And I also understand that they are illegally parking at the bank. The bank vice-president said that they do not have hispermission to park there. Now, this thing has been going on for more than 2 years now, and I think really some end ought to be made of this thing. I have a letter here written by a Manuel Ramos, 2250 S.W. 18th Avenue who is one of the people involved here and he doesn't feel like he is capable of getting up and speaking. He made this letter up, I had nothing to do with it, and if I may, I would like to read it to you. "This is a controversary strictly between the owner of the night club asking for two more hours of opening time and for lucrative purposes, and the residents in the neighborhood surrounding said club and the parking spaces claimed to be leased by the club because they don't have their own. This demonstration of sympathy in the owners favor is understandable, they are his friends and his employees. We don't have that, but we rely on the fact that laws and ordinances were made to be respected and not abused for the sake of a few dollars in detriment to the discomfort and health hazard for the residents who happen to be law abiding citizens and who respect each other's normal way of life. We don't bother any one, and it stands to reason that this Commission should do all in its power to see that a fair decision is given to whom it belongs. We doubt that any of the sympathizers or employees live in this neighborhood. They do not know what we have to go through. They claim walls separate the parking spaces from the residences, but these walls do not separate the noise acrued from roaring motors, loud talking 26 MAR 2 81974 410 argueMents, and So forth. With all due respect, I ask that this deMm nstration of sympathy should not be taken into con- sideration, because it is not their problem. This is between the owner of the club and the residents around said cclub. We believe in live and let live, not if our health, peace a►d quiet is in jeopardy." Manuel Ramos, 2250 S.W. 18 Ave. Mayor Ferre: Mr. Sarbey, would you give that letter to the clerk for the record, and you have talked for 4 minutes now. Mr. Sarbey: I did have one more note that I wanted to bring up here. In one instance, I don't have the date, but in one instance, they actually parked on my lawn which means they had to cross the sidewalk and get on my lawn, and I went out there. This man wanted to fight with me. He was ready to have a fist fight when I asked him to take his car off of my property, not off of city property, but right there. He was that far, about 1 foot from •the corner of my house, and he felt that he had every right to park wherever he wanted to. Thank you very much. Mayor Ferre: Thank you, Mr. Sarbey. Mr. Munroe. Mr. Munroe: Mr. Mayor, Members of the Commission, my name is Joseph B Munroe, I am the executor of the estate of Graham D. Munroe, which owns the Jefferson Standard Life Insurance Build- ing on the northeast corner of Coral Way and 18th Avenue. This building was erected in the middle 1950's for specifically Jefferson Standard Life Insurance Company's regional office. It still is in their custody. They have, in fact, half of this lot as parking for their employees, and may I say this in all due respect to Mr. Burns, there is no way that he or nobody else is going to determine where all of their customers park. He is not going to be able to tell the patrons of his night club that they've got to bring their car up to the front door and let somebody else handle it. That is ridiculous because I can site experiences year after year in which people have parked in the rear of the Jefferson Standard Parking Lot first by taking down the chains that were put up there, second by knocking down the walls that separate that buidling from the neighborhood to the north of it, thirdly by tearing down the drain pipe that comes off the back of the building from the roof and scraped fenders, scraped paint jobs, scraped broken parking places, and everything else. There is no way that you can police a parking lot unless you have an individual there 24 hours a day. Now, I object to this particular thing because it is not compatible with the area surrounding it. There is no way that these people can as Mr. Phillips has said prior to me, control the vehicles supporting this night club. I would suggest that any traffic expert in Dade County or the City of Miami would tell you the very same thing. Thank you. Mayor Ferre: Thank you very much, Mr. Munroe. Mrs. Cross, I think is the last speaker. I want to thank all of you for pretty well adhering to the time schedule, we are very grate- ful. My name is Marjorie Cross, I reside at 1789 S.W. 23rd Terrace, at the corner of 18th Avenue. Mayor and Commissioners, I hope you will seriously consider a denial. Here are my things that I pick up from infront of my house. The stop sign, the other night as Mr. Sarbey mentioned, this is not the first time it has been torn down, knocked down completely, right out of the concrete. About 4 weeks ago, I think we had determined that that stop sign was just put up again. This happens all the time. I don't to belabor the point, all my neighbors have 2u MAR 281974 Mentioned what has transpired around our neighborhood. 1 am alone, If I go out at night, heaven forbid if I could find my parking space by my house, I live right at the corner. Both sides, my sidewarik anything that they can find to park, they will park. And I believe that he is trying to keep the traffic to his night club in parking spaces, but he can't, he can't control these people. Here are the tickets. So that I don't take up any more of your time, please consider this denial. Thank you. Mayor Ferre: Thank you very much, Mrs. Cross. Now you toOIA exactly 31 minutes which is exactly what we allocated, so now you have taken up on the other side 11 minutes, so if you want to make your rebuttal now and then I am going to recog- nize you for a rebuttal, Mr. Phillips. Mr. Burns: Mr. Mayor, since we have the burden, I believe the rules provide that we might have the final summation. Mayor Ferre: We make the rules around here. Mr. Burns: Mr. Mayor, we will try to live by them. This al- most reminds me of Alice in Wonderland, how things can become so topsy-turvy and inaccurate, frankly. I have personally been to the Montmartre and I can speak of personal knowledge and this testimony does not relate to the facts or to the way the restaurant operates. As to the valet parking, I just might say we would have one of our valet parkers come up and confirm that we do not drive these cars in this fashion. These are -- The people that go to this restaurant are the kind of people that help make cities grow. These are good local citizens, they are engaged in local enterprise, they don't tolerate people hot rodding their cars around, while they do have an optional charge for the parking by way of tip, there is no re- quirement that they pay for the valet parking. When you go out for a nice evening, generally these people are going with wives or dates, these people through the custom, leave it with the valet person in front. There is no evidence or testimony whatsoever to indicate that it is people visiting this rest- aurant that are doing some of the things objected to by these neighbors. As a matter of fact, they testified another rest- aurant recently opened up in the area and that might be the cause of the stop sign going down, but it certainly wouldn't be any of our valet people. Our testimony will show, and our expert, that there has been no accident in seven years arising out of the use of this restaurant. Now Mr. Sarbey and Mr. Phillips tell entertaining stories but they don't tell accurate stories. I went to the club last Saturday night and didn't witness any of the things that they testify to. I frankly was totally amazed because after hearing them before the Zon- ing Board, I just had to go to see what it was and there was no relationship. I was out front, it was so quiet I couldn't believe that these were people leaving a restaurant. I had a ticket to retrieve my car, and this was my ticket. In addition, they brought my car back to me, and I watched them, because I have a new car and it came back lawfully and reasonably prompt, and sitting on my dash board was the ticket I gave them and the ticket they used to keep the key and to control the car. Please note, these tickets are red. They didn't know who I was from Adam. The practice there is that the tickets go in- side the car on the dashboard neatly. They don't throw trash and I might point out that the ringer ticket presented by the opposition is black. We don't use black, we use red, so where he is getting that ticket from in his stories, I don't know and how they are getting on the ground, I don't know because I_as a customer found mine clearly on the dash. Now, we have 2i MAR 281974 • 4, already read into the record testimonies of people living on 21. You have several objectors on 21st, they claim they were bothered, Our people very clearly said not only were they not only did they not hear the noise but they felt it was good for security, At this time, 1 would like to do a Couple of things. We have residents next to every objector that has risen, that will testify that they live right next door and they aren't bothered and they don't hear this noise. I wish all of you, and I assume some of you have been there at night to see that the color of the picture is not accurate. We've brought these people here, and I hope the mayor will give them time to indi- cate that they live next door and they don't hear it. Mayor Ferre: Mr. Burns, I will not give you one second over 31 minutes and I want you to understand that right now that.. Mr. Burns: Just as fast as we can Mr. Mayor, thank you. I would like to ask our traffic expert at this time to a great expense to the Montmartre did a scientific sound study. Now people can give their impressions back and forth, but statistics and numbers are accurate. This man made a thorough survey and he will indicate to you that the sound level generated by the operation on Coral Way is not discernible. We do not dis- cernibly add to the sound. In'addition, he has done a sound survey inside of homes within 75 feet of all of these lots, and he has charged, and his testimony will indicate, you can not hear the noise generated by our use of these lots inside these homes. Mayor Ferre: All right, you've got 14 minutes left. Mr. Carbonelle: Honorable Mayor of the City of Miami, City Commissioners, ladies and gentlemen, my name is Alfredo M. Carbonelle. I am a professional engineer registered in the state of Florida. I also teach at the Miami Dade Junior Col- lege. I am associate engineer with Kibria and Associates Consultant engineers, We specialize in traffic and other engineering work. I have studied Montmartre's valet parking pattern and parking spaces in order to minimize and eliminate completely any annoyance or disturbance to the neighborhood surrounding Montmartre. As we can see here, on this exhibit #1, the three remote parking sites are readily accessible by the valet parking. The traffic pattern used by the valet Park- ing will be as shown on this exhibit, in order to avoid any traffic circulation through the residential area. On March 25, 1974, I checked with the engineers of the Dade County Traffic Department on this traffic pattern and I was reassured by them that there was no traffic violation whatsoever on this pattern. I also checked the accident record on the Coral Way - Mont- martre area and the record reflects no accident, I repeat, no accident in the past 7 years. A survey was conducted on March 19 through March 24, 1974 of the cars leaving Montmartre and it showed that 92.7 % of the cars headed west on Coral Way. The additional traffic from Montmartre will not noticeably affect the Coral Way traffic, nor related noise as the traffic heads through the commercial zone'towards the business center of Coral Gables. The parking spaces required by the South Florida Building Code and the City of Miami on this type of occupancy is satisfied completely by the Montmartre parking spaces available. I also would like to point out that several sound power level tests were conducted which showed that the sound level inside a house when a car passes by is negligible. Mayor Ferre: Who was the sound test taken by, Mr. Carbonelle? Mr. Carbonelle: By myself NM ONO •In MAR 2 81974 • Mayor Ferrel You did it with metering equipment and all that? Mr. Carbonelle: Right and my meter goes as high as 116 dec- ibels and I can read as low as 60 decibels. I went inside a house 75 feet from the parking lot and was taking readings in- side the house. Mayor Ferre: Would you point out what house that was in on this map? Point.it out so that the audience can see it. What house did you take the readings at? Mr. Carbonelle: I took the readings at this house, 1713 S.W. 21 Terrace. I believe it is approximately 75 feet from the border line. Mayor Ferre: All right, Mr. Simpson is pointing it out on the map up there. Go ahead. Mr. Carbonelle: All these green crosses represent all the people in favor for Montmartre. Mayor Ferre: Mark the Map so he can show them up there. The green crosses are people that what? Mr. Carbonelle: That are in accordance. Mayof Ferre: In favor of the extention, alright. Turn the map around so that the audience can see it. Go ahead. Mr. Carbonelle: The test was conducted inside the house and when the air conditioning was running I could read about 64 decibels. When a car passed by I could not detect anything. The meter would not detect any sound level increase inside the house. Mayor Ferre: How about somebo1y turning on a motor? Mr. Carbonelle: It would not record it. Mayor Ferre: You actually tried that. All right, go ahead. Mr. Carbonelle: Every sound measured here was a sound that was produced for more than 45 seconds. Mr. Plummer: Wait a minute, did I understand you correctly, are you saying that inside of a residence at 1 O'clock in the morning, you 'could not pick up any sound reading at all? Mayor Ferre: •He said with the air conditioning on. Mr. Carbonelle: I don't want tx, mislead you. You can detect the sound if you have a very accurate meter my meter goes as low as 60 decibels. 60 decibels is .000011. Mr. Plummer:. Then what are you telling me, that your equip- ment is not adequate? Mr. Carbonelle: No. My equipment is adequate for the purpose but what I am telling you is that we do not have the need to have such scientific equipment because when you whisper you produce a noise of about 50 decibels. Mr. Plummer: Well, what I'm, the question that I'm asking of you sir is, are you telling me that when you read this meter, or when you wer e in this house, that you could not hear the cars pass by, is that what you are telling me? 2 5 MAR 281974 Mr. Carbonelie: We could not detect anything. Mayor- Ferret All tight. Now what he is saying is that when he had his meter on and the air conditioning running, as I unde'stand what you said, your decibel reading was between 50 and 60, and as a car went by it did not exceed 60 decibels. You also made a statement that the highest point of decibel reading at any time that you were there was 150, is that what you said? Mr. Carbonelle: No. My meter can go as high as 160. Mayor Ferre: I see. What was the highest you recorded? Mr. Carbonelle: I never recorded 160. If you go out on a street and you stand 5 feet from a car, you will record about 78 decibels. Five feet away from a car. Mayor Ferre: You mean a car is sitting there on idle, or a car driving by? Mr. Carbonelle: A car driving by. Mayor Ferre: All right, proceed with your presentation. Mr. Carbonelle: I also studied these houses right here on the corner at 1801 S.W. 21 Terrace. I begin by saying that this house is, I would say a 20 or 25 year old house Mayor Ferre: Mr. Carbonelle, would you speak into the micro- phone, please. Mr. Carbonelle: In my technical experience, that guy could not hear anything going on in these three parking lots that the Montmartre has a lease on. I was standing 75 feet from the parking lot and I could not record anything. Mr. Burns: Mr. Mayor, we investigated this specific house because this person came to the last hearing, he made these comments we asked the engineer to study that home in relation- ship with the lots, the intervening trees and buildings and what have you. He wasn't able to ascertain any sound. At this time, I would like to call Mr. Levin to come up and he is familiar with the operation and the people there. Mayor Ferre: A11 right, Mr. Levin, your name and address. Mr. Levin: I am Herbert Levin, I live at 441 S.W. 23 Road in the City of Miami. Honorable Mayor and members of the City Commission, I would like to speak on behalf of the Montmartre. I feel that in a City of our size with our base of tourism that this is'a very important operation and by the nature of the operation it very necessarily needs to be run at longer hours. I have been in this club many times. I think as the attorney has indicated, I have gotten my car in an orderly fashion, I have found both of my stubs inside the car, and it seems to me that we have a simple case here. This very Com- mission has passed an ordinance, these people have complied. In fact, they have doubled the parking, he has increased the size inside, he has built walls, he has designed a traffic plan that complies with the law. I think we need to recog- nize the changing nature of Coral Way and the advancement of Coral Way, and I think that we should recognize that too, most of the patrons are Latins and want to come late. Someone mentioned before the additional burden placed upon it by the Riviera Restaurant and I would like to say that in my opinion MAR 2 81974 these are complimentary operations since the restaurant people come early and leave relatively early, and the night club or Supper club people are coming later and probably can use the O&M parking lots. Their hours of use are compatible. It seems to me that the people in the neighborhood, I sympathize With their situation, but I think the new lots when they are put into operation will cure that problem of people parking on the Street and infront of their homes and the valet parking will take the people to their lots. We would very much like to see our tourism and these well known entertainers be main- tained in this city. Thank you. Mr. Burns: I would like to introduce, Mr. Mayor, Nick Cardenas. He lives next door to Mr. Phillips, and possibly he can set ---- Mayor Ferre: All right, Mr. Cardenas, go ahead. I'll tell you, we took up a minute and a half or so of your time so I will give you an extra minute and a half. Mr. Cardenas: My name is Nicholas Cardenas and I used to live at 1821 S.W. 22 Terrace. I used to live right next to Mr. Phillips. The only thing that used to separate our houses was a fence and I lived there for four or five years until I moved last year. What I want to say is that nothing, no noise what- soever bothered us during all of that time, and on very rare occasions the cars used to park in R.E. Moore White which is the realtors company that they used to park. Thank you. Mayor Ferre: All right. Go ahead, sir. Mr. Burns: Will you please tell the Commissioners so that there is no misunderstanding why it is that you left the area, cert- ainly not because of the operation. Mr. Cardenas: No, my family grew and I moved to a bigger house. Mr. Burns: If I might, I would like to call Mr. Henry Gibbons for a moment. He represents, is trying to assist in obtaining additional financial support so the restaurant can continue in business and in that connection as a commercial lender, they had to make a thorough investigation of the quality of the operation and the quality of the people that frequented the restaurant. Mayor Ferre: All right. Mr. Gibbons, your name and address for the records. Mr. Gibbons: Henry Gibbons, 1129 N.W. 60 Street, Miami. I have an opportunity on several occasions to visit the estab- lishment. I found the establishment to be well run and I have never had any problems. In examining and attempting to give some give some additional financial assistance to the operation, one of the ways that that can be done, this matter has to be resolved so the operation can have additional re- venue to amortize --. I was there weekend before last, that's the only place in Miami that I would have had an opportunity to see. I enjoyed the show, my car was valet parked. My car was brought to me, I headed west on Coral Way to 22 Avenue to make my turn to go back to my home. Mayor Ferre: Now Mr. Gibbons, you represent an agency, a bank or what for the record? Mr. Gibbons: I represent an agency to give guarantees to loans that commercial lending---. Mayor Ferre: Federal Agency? 3.� MAR 2 81974 Mt. Gibbons: Right. shall Business Administration. Mayor Ferre: You're not here representing the Small Business Administration, but rather as a private citizen. Mr. Gibbons: Right. Mr. Burns: Mr. Mayor a question for one of I have witnessed this cars cardfully. He's he doesn't wear boots I do want to say that in case any of the Commissioners lave our valet packers, I have them here and gentleman, but I tell you he drives these not wearing any guns, he's not a cowboy, and a hat, and if there are any questions, he is here. Mr. Plummer: Mr. Burns, are you going to introduce the waiters? Mr. Burns: Is there anybody else in the audience that is here in support of this application? Would you please stand up if you are. Here in support. Say it in Spanish. There are a few out there that possibly you can't see. I wasn't going to introduce them by name. How are we doing on time, Mr. Mayor? Mayor Ferre: You've got about 2' minutes left. Mr. Burns: Might I just save, in case anything new com es up then, as a minor rebuttal and make aconcluding statement, Mr. Mayor? Thank you. Mayor Ferre: All right. Thank you for your consideration on this. Mr. Phillips, you want to rebut a little bit? Mr. Phillips: Yes, sir. May I ask now that those who are opposed to extending the hours, will you please stand up. Thank you, you may sit down. Now, I tell you that we heard this expert's testimony and am I to understand that they are saying that we are lying about this? Here is the thing that is wrong with the experts who do not live there. The last man who spoke, the fellow who said it is such a nice oper- ation and who told you that they built walls, you see, he read that in the paper about building walls. Well, that is something that is going to happen, and he gets up here and reports to you that they've built walls. Now they haven't at all, but that's what comes from having testimony from people who don't live there 7 days a week and 7 nights a week. Now the arrival time is what (inaudible, stepped away from microphone). And I tell you, and I swear, and I am under oath, that it screeches and I tell you that my house is right there, and there is a bed- room right there and I hear screeching, and I hear it more pronounced on Friday and Saturday nights I hear it and I want you to know that's true, and I think you can rely on what these other people tell you. Now I will tell you about the expert. They had an expert who said he talked to this person and that person. That is heresay, and he had some green marks saying that those people are in favor, but I don't see it up there, and that is where it counts. All I see up there is red. And those are opposition ,people. Now when it comes to experts, you've got experts, you've got your own experts and you know how good they are, and you see what they have recommended, they recommended that the geography of this thing is such that this is all wrong, and I think you can rely on them as being real experts. Thank you. • Mayor Ferre: All right, Mr. Phillips, Do you have anything else to say, Mr. Burns? ,All right, I'm going to start cutting this off pretty soon. We've been at it for an hour and 10 minutes. 3' MAR 2 81974 110 and we have to move on out of respect to other people who are here on other natters. Mr. Burns: 1 won't go over my time limit, Mr. Mayor. 1 am just going to ask that the Commission grant the conditional use to permit the operation of the supper club, providing the parking as set forth in our application, with the required walls and 5 foot landscaped buffer zone to be installed ad- ;jacent to the residential uses within 9 months. This will (jive Mr. Perez time to start work immediately, continue in operation, and be able to have the work done in a reasonable length of time. I would say that while some of the residents in the area feel strongly, and I understand while they feel strongly about it, I must say on reliance on our experts and what have you, this will, while they don't recognize it now will solve their problem. We will landscape lushly this 5 foot buffer zone. We will add a wall. This will help the problem. In additionk if this is granted, Mr. Perez, is at great expense, the leases are in testimony in evidence, will lease additional parking in the area. This will solve the parking problems that they are concerned with in the area. In addition, all green marks and what have you, Mr. Simpson has the official signed petition. It is in his records, and it is because of that that so many of the residents wanted this appealed that it was appealed on their petition. Thank you, Mr. Mayor. Mayor Ferre: All right, Mr. Burns. Now, members of the Com-D. mission are there any questions? It is open now for a Commis- sion discussion. Is there further discussion on this item? Is there a motion? Reverend Gibson: Mr. Mayor, I want to ask a question. I don't understand the parking arrangement. I understand as you are discussing this. It is alleged here that you do not have that parking and that all of that area belongs to other than.... Mr. Burns: Reverend, if I might answer that. That's more of a legal question, I think. To answer you: All of the park- ing we reflect there is under signed, executed sworn leases on file. They have been checked by your Building Department and your Legal Department, Mr. Simpson's Office, we did a survey of the lots, this has all been checked out before it got to public hearing and it has Leen verified that these spaces more than meet the number os spaces required by Montmartre and that they're under appropriate and proper leases for the restaurant. Reverend Gibson: Let me make myself knowledgeable. Mayor Ferre: Mr. Simpson, now you are verifying what this gentleman is saying about all of these things? Mr. Simpson: Yes, sir. That was the requirement before we accepted his application. Reverend Gibson: Let me ask a question., I heard what you said, and I heard what Mr. Simpson said. Who else, you see, I have difficulty in understanding what you are telling me. I hear what you say, but I don't understand. Mr. Burns: That's the problem with lawyers. Father Gibson: Right. I have to say that to my son too. If that corner there on 17th Avenue and Coral Way, that yellow, what is that? MAR 2 81974 • . . Mr. Burns: A building that exists, in Our parking under the lease, is in that area. Reverend Gibson: Mr. Simpson, 1 want you to hear what I am going to ask cause 1 am not always the easiest person to under- stand but I think they usually end up saying I am pretty clear. The Drugstore, does the drugstore have to have parking, Mr. Simpson? Mr. Simpson: Yes, it does. Reverend Gibson: Where does the drugstore park? Mr. Simpson: Theyvill use their parking lot in the daytime, we're talking about the operation of a supper club in the late evening and especially from 1 til 3 O'clock in the morning. The ordinance permits a double use of a parking lot so long as the time of operation of the two businesses do not con- flict. Reverend Gibson: All right, let me ask. You've made men- tion of a bank, where is that? Mr. Burns: Sir, the objectors made mention of a bank and I believe, I will show where it is but that is not one of the lots that we're --- Reverend Gibson: That is not one of your parking lots? Mr. Burns: No, sir. Reverend Gibson: All right. Point out your parking lots. Now Mr. Simpson, let me make sure that I'm intelligent. All of these parking areas that they have there is a con- tract for them, for the use of them. Mr. Simpson: There is a lease agreement that was filed with the petition. Reverend Gibson: All right, let me ask another thing. The usage at no time conflicts by the hour. I'm talking about they have to go from 10- 11, in other words, these other people are not using the property at that time. Mr. Simpson: This was checked by the Building, by the Zon- ing inspectors at the Building Department. I did not make the survey myself. When they submitted the plan we sent the sur- veys along with the plans to the Building Department and they were ok'd, each and every site was ok'd as permitted. Reverend Gibson: Tell the Building Department people to stand before the mike and tell us that. Mr. Ferencik: The sites that were submitted are all parking that go with some other type of building but our investigation indicated that the times they would use these sites the parent business would not be using the parking. Reverend Gibson: What about those chains that they mentioned that block off. Mr. Ferencik: Their lease agreement grants them the right to use these parking lots. Reverend Gibson: Do you take those chains down? `,t MAR 281974 • Mt. Burns: Sir, I do not believe there are any chains on the lots in question. Reverend, they are talking about other lots. Reverend Gibson: All right, good. Now let me, this is a thing for me. Council, the people in that neighborhood ob- ject to that noise. What about it. Mr. Burns: These lots on Coral Way were recently acquired to alleviate the problem of parking in the neighborhood on the streets. We are asking the permission of yourself and the Com- missioners to ]yet us use those lots off Coral Way for addit- ional off site parking. Reverend Gibson: Let me make sure because I am in sympathy with the objectors but I have to be realistic. Are you tell- ing me, sir, Mr. Phillips, you heard what was said. I re- member when you were here last time. The problem was all that noise due to lack of parking. I remember distinctly those of us on the Commission said to the owner of that place "You solve that parking problem and you say to your valet parkers, we don't want that noise." I think it was tantamount to that. Have we had sufficient time, let me ask this quest- ion to prove that this noise does not now exist. Mr. Phillips: The answer is that it existed as strong as ever Saturday night. You see, maybe my words have been confusing, I believe. This has not been a matter of placing (inaudible). The matter of whether they have parking places ---isn't the solution to this at all. That is a technical requirement. That doesn't affect the noise because there is too much off site parking. ---contemplating in the Montmartre ordinance that the great bulk of the parking should be on site and here you've got it all off site. The reason for that is because Coral Way is a one way street with a no place to get across, their lots are on the other side and theoretically, if they had lots back here ---geography problem, but the location of their lots are such that even if they park here, park down there, it does not solve the problem. I want to get a technical, legal point in here that there is no lease on file to cover this area and this is off site parking and that is where they have some of the needed spaces. They do not have a lease on that park. This is the Montmartre, and there isn't one inch of ground to park on the Montmartre. Reverend Gibson: I thought I was clear, I asked the question and let me ask this again, maybe they didn't understand me. Did you tell me and this Commission that you have or that you have legal documents to show us that those parking spaces are under lease? • Mr.Simpson: Mr. Phillips brings in the point that the primary site is divided. The survey that was submitted to our office as the primary site of the structure involving the Montmartre covers lots 12 through 17 and in their diagram, they show that they can provide 5 acceptable parking sites of parking spaces on the primary parking site. There is no lease, this is the primary site. Mr. Plummer: Is that a critical breaking point? If they didn't have those, would they not comply? Mr. Simpson: They would not. Mr, Plummer: (inaudible) Mr. Simpson: Yes, it would be. 3ai MAR 2 81974 IL'MMIII�IIIlJM'MiIlI1 P MiMII Mayot Ferret I have a question on that now. I went up there and ,I counted 73 parking spaces, is that how many parking spaces you have? Mr. Burns: I have the break down here. Mayor Parrs: Well roughly. How many parking spaces do you have? Mr. Burns: 75. Mayor Ferret HoW many do you need legally? Mr. Burns: 71.1639. Mayor Ferre: That's legally what you need. Gentlemen, it is 11:35. Mr. Plummer: Mx. Mayor, I think that this point has to be well taken if that is in fact critical. Mr. Phillips, please. I have been very patient listening to you, may I inquire of Mr. Plummer, or by Mr. Plummer? Now Mr. Simpson, I think the man has raised a very fine point. I concur and see what Father was trying to get at and I think that has to be determined. Mr. Simpson: It was determined by the Building Department after a survey that they met the requirement. Now what that actual total requirement is, I don't know, Mr. Plummer. The surveys and the Building Department reviewed the entire thing. The surveys and the plot plans that were submitted with the appli- cation show on the primary site, or the red site 5 acceptible parking spaces. On the yellow site which is at 17th Avenue, 34 acceptible sites. Mr. Plummer: Now wait a minute Dave, you're deviating. I want to know, let's answer my question like I asked it. Now let me get a for instance. Bob, you heard the questions rais- ed, it is the breaking point now we find. How did you deter- mine, or what did you use to determine the spaces behind the store as legal or not legal, or what? Mr. Ferencik: I'm not sure I follow what you mean. Mr. Plummer: Well, ok. We're talking about three off premise lots. We now find out that that area behind the store is also being used in the computation to comply. You have heard the questions raised that in fact, that would be a fcurth,that it is not on site of the actual restaurant. Now how did you come up with a determination of a different character? Mr. Ferencik: The restaurant requires off street parking on the basis of 1 space per hundred feet. --- Based on 1.3 Mrs. Gordon: I think while we are waiting, can I ask the appli- cant a question. Mr. Burns, you submitted this application en- compassing three additional lots beside the restaurant. What claim do you have of by way of contract or title to those prop- erties? That is a pertinent question. Mr. Burns: Right. This was checked at the time of the appli- cation before they would accept it. Mr. Jack Thomas, as I understand it, a local real estate man owns the property, made a lease to Mr. Perez, or to his corporation for the restaurant which included all of the property which was the restaurant building and the spaces behind it. Mr. Perez is getting Mr. Thomas, the landlord on the phone. 3U MAR28 19r • • Mrs. Gordon: If there is a valid lease that is the answer to the question, but the lease encompasses not only the restaurant but the adjacent store properties, is that what you are tell- ing me? Mr. Burns: The lease is for the entire parcel. It describes the restaurant building because at the time it wasn't critical to say there are 5 parking spaces in the rear. But it is for the whole premise which includes the restaurant and the spaces, and if I might, Commissioner Gordon, say Mr. Jack Thomas who as the gentlemen know is the owner of the property and they didn't require the lease there because that was the primary site. He is currently on the telephone. If anybody of the Commission, of the Building Department, if anybody wants to confirm what we're saying is accurate, and I believe you know Mr. Thomas, he is on the phone. He will confirm it at this very moment to avoid a delay. It is under lease. Mrs. Gordon: Then the other stores are subleases of Mr. Perez's is that the understanding? Mr. Burns: No. He has leased the restaurant which includes the right•to the parking spaces during his hours of operation. During the other hours of operation those other stores which are daytime operations use those spaces. Now he is on, and he will confirm that during Mr. Perez's late hours of operation, those are reserved for him. Mrs. Gordon: Is this a new provision of his lease, or is this an original condition of his lease? Mr. Burns: No. Mrs. Gordon: Originally when you rented the store you receiv- ed the additional permission to use those spaces, Is that a part of your original lease. Mr. Burns: Yes. Mrs. Gordon: I see. Mayor Ferre: It is almost 20 minutes til twelve now, so are there further questions? Mr. Plummer: Yes, sir. I raised a question I am waiting for an answer. Mr. Ferencik: The survey does not indicate that this is a split piece of property and just as this restaurant is util- izing a parking lot that goes with an office building which is across the street during that portion of time when that office building is not normally in operation, they could use the entire parking facility that is used on this site. It is not a remote site, it is a part of the parent site. At least the survey indicates it is. Mr. Plummer: In other words, what you used in your computa- tion is that it is all one site. Mr. Ferencik: That's right. And this would be due use of the parking on that one site. Mr. Plummer: so actually they have legally complied, but in fact they're using 4 sites for parking instead of three. Mr. Ferencik: That amount which is available on the parent 3 MAR 2B1914 Site piue three remote sites, Mr, Plummer: All right, air. Mayor Ferre: All right, any further questions? Is there something new'that you Want to add? All right, go ahead, get to the microphone but do it quickly both of you, because we're running way late. Mr. Sarbey: I wanted to ask about these leases. For what term are these leases and what happens at the end of this lease? Then they are not in compliance. Mayor Ferre: I can answer that. This is a conditional sit- uation. If they don't have those leases then they, if this Commission votes for approval, it would be conditional on them having those leases. The moment they don't have them, they don't have any permission. Ok, Mr. Azaracan, you've got one quick question, go ahead. Mr. Azaracan: Now I take a walk. every. night with my wife and my dog. Now we pass 1701 Coral Way, 22 street drugstore. There is a chain on there after 8 O'clock. Now 1750 which is across the street is an office building with under the building parking. They have a chain across there and it is in here stating that they have leases on them. Why do they leave the chain on there when they are allowed to park in there? And nobody parks there on a weekend. Mayor Ferre: All right, do you want to answer that? Mr. Burns: We're not using those lots until we have the per- mission to use them for parking. The leases were filed with the staff and were filed at the public hearing --- Mayor Ferre: All right. Are there any further questions from this Commission? Mr. Reboso. Mr. Reboso: Mr. Mayor, we had last year in the State of Florida about 24 million tourists in the state that means for example 1 million more than Spain as a nation. A big percentage of that tourism came from Latin America, and especially to Miami. This place has been there for 7 years and of course in the last seven years the number of tourists coming to Miami has been increasing, but not the number of supper clubs. We don't have entertainment for those tourists coming from Latin America. I think that we have to face the reality that Miami is an international city, so with this proposed parking that they are bringing today, I think the neighbors will be much better off than they were before. For that particular reason, and being as I said before, an internation city, I move for approv- al. Yes, like the resolution says. NO time limitation as long as they have all -- and everything. Mayor Ferre: There is a motion, is there a second? Reverend Gibson: Let me ask. Can we have the best of two worlds if we give them Friday and Saturday, at least the neighborhood will be able to be secure from all this noise the rest of the week. I mean isn't there some breaking point for them? I think I heard in the discussion that they need not only --- that FridaY and Saturday are your big days, isn't that right? Mr. Burns: We appreciate as much help as you all think is reasonable. Fridays and Saturdays are bigger days, but it 3n MAR 281974 would also help to have it during the week, and don't forget this; if the hours are extended, when it is 1 O'clodk, I was there. Not one person left before 1 o'clock. They wait until the end if you extend the hours, there will be a tapering and a normal departure, and frankly, it will be less of an impact on the community if you would make it uniform. Now as I under- stand, we are closed Mondays, and is that right, Mr. Perez, and as to that night Mr. Reboso: It is my opinion that if they enforce this park- ing regulation in those private lots, the parking will be off of the streets. Mayor Ferre: Is there a second to the motion? I wonder if, there are several things here that are concerning me. Do you use a policeman all the time? Mr. Perez: Only on Fridays and Saturdays, but if the license is granted, I will use him every day that we will be operating. Mayor Ferre: All right, now let me express some thoughts out loud, and these are just thoughts because I don't know which way this Commission is going to vote. I'm not pre- judging what is going to happen, but if it does pass, I want to see that we get as many safeguards into this matter as possible. Would you, for example, Mr. Attorney, I don't know whether legally we can write it into this permit, that a City of Miami policeman be a part, required every day and that that policeman as a part of his duties be required to submit in writing, everyday a report that he saw no violation of either U turns or parking on private property. Can we do that legally? Mr. Lloyd: From a standpoint of a conditional use, you may attach conditions such as you have suggested. Now of course, what it would require would be the police officer would have to be hired by the night club themselves and arrangements made separate and apart from the Police Department, and Mr. Andrews may have some thought on that particular matter. From the standpoint of conditional use, yes. But there may be other... Mayor Ferre: Obviously, they are going to pay for it. Mr. Andrews: Yes, but what I would suggest that you do is that you direct that the City Manager, through the Chief of Police carry out the assignment of the police officer of which they will have to pay for but his responsibility will be to the Police Department and then to me and me to you rather than to anyone else. Mayor Ferre: If this thing goes through, it goes through in such a way that it has the requirement of a policeman being there full time and that that man be required to sign his name to a statement that'he saw no violations of either U turns or parking, or anyother traffic laws in the vicinity. I am just trying to figure a way, Mr. Plummer of improving this thing. Mr. Plummer: Mayor, I whole-heartedly concur that the stip- ulation period that they be required to have an off duty police- man of the City of Miami at all times of operation. I agree with that, but Mr. Mayor, to have the City Manager go and make a report to the Chief, and all of that, I don't think it is right. I think these people have complied on weekends. Everytime I have driven by there I've seen an off duty police- man there. I think that is right. MAR 281974 Ka Pbr Ferre: Ok, in Other words, Mr, PluMmer, Mt. Andrews, as 1 understand it, ainee he, since it is a City policeman it is incuntupon hin even though he is being paid by a private party to enforce the law, is that right? Mr. Andrews: That is true. Mayor Ferre I'm not satisfied with that. I want that guy to put his John Hancock on a piece of paper, and that man is going to be held responsible for any violations. Mr. Andrews: He has a greater responsibility to the public than he would to the restaurant. Mr. Plummer: Mr. Mayor, I will remind you, sir that under the legislative act we cannot work a policeman more than 40 hours a week. Mayor Ferre: That's an administrative problem of the Manager. Mr. Andrews: We would handle it exactly as we do now in off duty assignments but the reporting of those matters be made in such a way that they are brought to the attention of the Police Department and in turn brought to my attention so that I can advise the Commission. Mr. Plummer: I have made my thoughts clear. Reverend Gibson: Mr. Mayor, I have some concern. I want to put them on the table. I want the business and I want the neighbors protected. Now how do you get the best of two worlds? I believe we ought to give you permission to operate on Friday and Saturday and prove your worth. I would much rather because I know that as long as you know that you aren't scot-free, you are going to continue to be observant. This bothers me. I hate to say ok. Now these people say they work and they ought to be able to sleep 5 day:: a week now you'd better react to that because that might: decide what is going to happen to you. Mr. Burns: Reverend, we would appreciate any relief that you can give. If I might ask though, keeping in mind the tapering affect possibly, if you can consider instead of the two hours during the week nights, one additional hour then and if it goes well then in the future you might consider giving us the full relief. But at least with that extra hour it will, I believe enable the patrons to leave in a tapering fashion rather than all at one close off time. I would ask you to consider that. Reverend Gibson: Let me understand, you're not asking for during the week? Here's what I'm saying to you. I believe you could, I believe you have to prove to us. I just don't believe that you can come to us and say let me do it Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday. I believe you've got to say I'll try it for 2 days. If I prove my worth, you come back here and I'm sure all of us that sit here will be just as receptive then as we would be now plus, we want to hear from these people out here saying that you are operating in good faith. Mayor Ferre: All right, in the interest of time because I am beginning to see a trend in this whole thing. Now you read that clear? Mr. Burns: I understand exactly what he says. There is a lot MAR 28 1974 of truth in what he says and I'm in sympathy with it, if 1 might just read this one comment that was handed to me by a gentleman from the Latin Chamber of Commerce. He just says, tourists do not only come on weekends and he might have a point. Reverend Gibson: Let me say this. Either you want what I could live with. Mr. Burns: We 'certainly do. Mayor Ferre: Mr. Burns, you know I could answer that very smartly too and say the rights of residents aren't limited to Saturdays and Sundays. Mr. Burns: Excuse me, I didn't mean to be smart, Mr. Mayor, that was not my intention. It was just handed to me and I was reading the comment. Thank you, Mr. Mayor. Mayor Ferre: Let me point out, I think what is happening here is we are trying to get a consensus where we can get a middle ground where you might be able to have a little extent - ion but not to the extent that you want and limit it, as I understand that you have to come back here in what length of time? Reverend Gibson: I don't.t'/e ought to say 90 days because they could perform beautifully for 90 days and at the end of 90 days, you know, go hog -wild. Now I am concerned. I would like to give you 6 months. and if you don't prove your worth in 6 months, I say we ought to lift the authority, that's what I would like to see happen. Mayor Ferre: Are you talking about Friday and Saturday? Mr. Burns: And Sunday, I hope. Reverend Gibson: I'm only interested in giving them relief on Friday and Saturday. Mayor Ferre: All right, will you accept the amendments to the motion? Mr. Reboso: I accept the amendments. Mayor Ferre: Now let me understand what this motion is now. The motion is that we approve the request limited to Fridays and Saturdays. Mr. Burns: It's the weekend. It is very important, not the work nights. Friday, Saturday and Sunday. Reverend Gibson: I want to go for two days. I want those people to have a little rest. Mr. Perez: Can we have at least one more hour on Sunday? You know what happens Reverend, the show finishes at 12:45 and the people have to be rushed out One hour on Sunday, so at least the people can leave in an Reverend Gibson: They're going to be getting ready to go to work on Monday, you know. Mr. Reboso: What about the motion for Friday and Saturday for two hours and Sunday for one more hour more? MAR 2 81974 Reverend Gibson: Those people are objecting to that, so you'd better vote for that Friday and Saturday thing. Mayor Ferre: As I undetatand the motion, it would be limited to Friday and Saturday a two hour extention. You Would have a full time City of Miami policeman and he would make a report to the Manager. Mr. Andrews: He's still off duty, Mr. Mayor. Mayor Ferres Off duty. I understand. Mr. Plummer: Mr. Mayor, by virtue of your comments, are you aware, sir that on Saturday with the 2 hour extention that you are giving them until 4:00 A.M.? Am I correct, they now have the priviledge of being there until 2:00? 2:00 is correct and a 2 hour extention would be until 4:00 A.M. Mr. Burns: We stop the liquor, as I understand it, Mr. Perez, is that right? Mr. Plummer is c orrect. Mayor Ferre: I'm glad you pointed that out. Mr. Perez: Mr. Mayor, we wanted really to give relief to these people. We have to give two extra hours Friday and Saturday. If we give two hours on Friday and 1 hour on Saturday. Mr. Plummer: Mr. Mayor, may I.... Please, I am for clarification purposes, Mr. Mayor. Really, I think the intent of Mr. Reboso's motion is to til Friday and Saturday until 3:00 A.M. Ok, so it backwards. 3:00 A.M. on Friday and Saturday on Sunday. Is that acceptible to you? Mr. Reboso: Yes. Reverend Gibson: That's acceptible to me. only trying in fact, what gibe them un- don't come at and 2:00 A.M. Mayor Ferre: let me understand the motion now, the motion is that thiibe approved on a conditional basis where you will be open on Friday til 3:00 A.M., on Saturday until 3:00A.M. and on Sunday til 2:00 A.M. Now, that you will have a City police- man at all times and that he will make a report to the Manager as requested by the Manager on a daily basis. This a 6 months, and in 6 months you will be before this Commission and we will have a public hearing to make sure that you are living up to the extent of what has been approved. Mr. Miner: I'm Floyd Miner. I'm an investigator and I'm pretty well known around town here. I would like to ask you a question. You are specifying an off duty City of Miami policeman, you're putting a City of Miami policeman in a bar? Mayor Ferre: At their payroll. Mr. Miner: I understand that. Oh outisde. I have seen him in the bar, so that's the reason I'm asking and there is a statute that we are going to the legislature this year, 493.11 that prohibits anyone working without a license in the State of Florida, we are going to require a bond, so you ought to specify a guard ---that goes into the ordinance if you specify. Mayor Ferre: That's going to be their problem, Mr. Miner. ' They have to live according to the law. If they have to post a bond, that's their problem. Is there any further discussion? Mr. Plummer: The only discussion L will have will be on the casting of my vote. 42 MAR 281914 • • The following resolution was introduced by Mr. Reboso, Who roved its adoption: RESOLUTION NO. 74-215 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XIV, SECTION 1 (21) (h), TO PERMIT OPERA- TION OF SUPPER CLUB ON LOTS 12 THROUGH 17,' BLOCK 4, SHENANDOAH MANOR SECTION B (39-81), LOCATED AT 1763 S. W. 22nd STREET, PROVID- ING REQUIRED PARKING ON ABOVE SITE AND THREE (3) REMOTE SITES LOCATED AT 1701 S.W. 22ND STREET, 1790 S.W. 22ND STREET AND 1750 S.•W. 22ND STREET, A PORTION OF SAID PARKING BEING NON -CONFORMING, BUT PROVIDING -WALLS AND SCREENING MATERIALS AS REQUIRED; ZONED C-2 (COMMUNITY COMMERCIAL) DISTRICT; AND EMBODYING THE FOLLOWING CONDITIONS: (a) THAT THE SUPPER CLUB OPERATION SHALL BE LIMITED TO FRIDAY NIGHTS, SATURDAY NIGHTS AND SUNDAY NIGHTS BUT SHALL CEASE AT 2:00 A. M. ON MONDAYS: (b) THAT AN OFF DUTY POLICEMAN SHALL BE ENGAGED BY THE SUPPER CLUB WHO SHALL BE REQUIRED TO SUBMIT TO THE ADMINISTRATION A DAILY REPORT IN WRITING AS PART OF HIS DUTIES OF ANY TRAFFIC VIOLA- TIONS OR VIOLATIONS OF THE LAW REGARDING THE USE OF PUBLIC OR PRIVATE PROPERTY; AND (cY THAT THE CONDITIONAL USE AS STATED HEREIN SHALL BE GRANTED FOR SIX MONTHS FROM THE DATE OF PASSAGE OF THIS RESOLUTION. (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, Reverend Gibson, Mrs. Gordon, and Mayor Ferre: NOES: MR. Plummer. Mrs. Gordon: I want to say this also in casting my vote, that when this comes back in 6 months it will be totally scruninized and I hope to personally visit the site, not the club but the area at hours when this irritation may be occuring and I would like to say to Mr. Phillips the screech- ing that you've complained about isn't going to change be- cause of the extention because sereeching is when the cars are parked. When they first arrive and not when they're leaving, so I don't think that is going to help you, but I am going to ask the applicant to ask his drivers to be cog- nizant of the fact that they are disturbing the neighbors because of the manner in which they are driving the vehicle. So if you will take notice of that, I am going to vote with the motion. Mr. Plummer: I'm going to make my comments very very brief for a change, Mr. Mayor. Mr. Mayor, when this proposed ord- inance was made available I was very emphatic that it should be done with a conditional use. I will repeat as I repeated this morning that under the conditional use it is then left up to the wisdom of this Commission to say yes or no in a particular site. I would maybe think differently in my vote if this was the only place that this place could operate but 46 MAR 2 81974 • a mZA there are many other places in Miami. 1 am sure that it would be an inconvenience for this man to move, but Mr. Mayor, I have always made my thoughts very strong on anything that abuts a single family residence. 1 feel very strongly that the peo- ple who have it-1 homes are entitled to that which they bought and Mr. Mayor, I am sorry. I'm not sorry, I am voting with My conviction. I will have to vote no. Mayor Ferret Now, I could take the easy out ladies and gentle- men and vote no and this is already paseed as you know, it is passed by three votes. I. could very easily vote no and this is already passed three to two and therefore, I could tell these gentlemen here that they have won it and they got what they wanted partially, and I could vote no and keep you happy and then I would have the best of two worlds. But I'm not going to do that and I want to tell you why and I'm going to be very very sincere about it. It's not because of, even though I recognize the argu ment on tourism and I recognize the argu ment on the need for this type of facility, but there are argu ments against it too. This night club would prob- ably be better off in some other location. The fact is that it exists. The fact is that they are there at the present time and that they are causing problems in the neighborhood. Now the reason for that is that when the City was zoned back in the 1930's nobody saw, it wasn't properly planned. It's that simple and commercial areas should not be- we have the problem where we have commercial areas next to residential and this is a continuing on -going problem. All the time. Now, these people are there and they're not going to go away. From a practical pragmatic point of view, it seems to me that under the conditions that we have imposed upon them with the addit- ional parking areas, the traffic patterns that they are going to have to live up to, Mr. Perez, I hope you are hearing very carefully that the traffic patterns, with the additional park- ing with the landscaping that you are committed to do, with the buffer zones, with a conditional use that you are going to be coming back 6 months from now, with the facts that you are aware of the problems that you have in the neighborhood and the fact that this is not a dead issue now. This is com- ing back before this commission. I think, my opinion, in addition to having the policeman full time and reporting to the Manager that 6 months from now you in the neighborhood are going to be convinced, I hope that rather than being a worsen- ing condition, the things that we have requested of these peo- ple will be a bettering condition so that even though they have gotten an extra hour, two hours on Friday and one hour Saturday and Sunday that even though we have conceded this one hour on Saturday and Sunday, that the things that they are going to do to improve their operation is going to in effect, improve the total operation from 9 or 10 O'clock on and I think you are better off with a quieter operation from 10 to 3 or 10 to 2 than you would be from 10 to 1 or 10 to 2. Do you follow me, in other words, I think what we are get- ting is more than what we are giving and therefore, I vote yes. Reverend Gibson: Mr. Mayor, I want to make an observation. I'm not going to be, I want everybody to understand this, Mr. Burns, you understand this , please. I'm not going to be like Mrs. Gordon and just visit the parking areas. I am a clergy- man and I don't mind going into bars. I am going to be visit- ing the place, and you can be well assured, you can bet your bottom dollar, that if I find out that you aren't keeping the spirit of what we've done here today, I am going to be the first one to come back here and tell the Commission and I'll tell you what, I am not going to hesitate to make that motion. 44 MAR 281974 I just want everybody to understand because I think that when you come here and tell us you have a problem and we try to solve the problem in the good spirit, we expect you to be as Sincere about your part as we are about ours. Mrs. Gordon: And I am going to say a second to what rather Gibson said, because I voted with it to give you a trial, but believe me, in 6 months if that hasn't proved to be a better condition for this neighborhood, My vote will not be the same as it was today. Mayor Ferre: All right, Mr. Perez, I want to add to that. You tell your people no U turns, no parking tickets on the floor, no parking on private property, the doors have to be closed, you'd better put some big signs there, and maybe you'd better get some extra padding there so that the noise doesn't go beyond the night club. No private parking and that City Policeman there all the time. We're going to be watching it very carefully and you are on probation on this matter. Mr. Plummer: Mr. Mayor, I Mr. Sabinas: President of the Latin-American Chamber of Com- merce. Statement addressing Commission in Spanish. Mayor Ferre: A11 right, he is thanking us for the considerat- ion. So thank you very much, Mr. Sabinas, Mr. Burns. All right now, Mr. Andrews, with your. For the record, I want to make a point. I did not mean in any way to imply that Mr. Plummer took the eaay way out because he obviously didn't, he took the hard way out. I was saying that I could have taken the easy way out because I could have voted no, they already had their case and I could have said I voted no and yet they would Mr. Plummer: Very well, Mr. Mayor, but that was the same case with me. By the time the vote came to me they had al- ready won their case, so it would have been just as easy for a cop-out... Mayor Ferre: I'm not in any way implying that you took the easy way out. MAR 281974 • 12, PLAQUES, CERTIFICATES OF APPRECIATION, PROCLAMATIONS ETC. (a) Ret.ineme tt plaques were prcea ented to the 6ollowL.ng City o 6 Miami employees on the OCcaa.ion 04 the.in het,ihementa: LOV W. MORROW CURTIS T. STONE HAROLD GRIFFITH LOUIS B. LANG Vept.o6 Pank6 6 Recreation wept. o 6 Public Wonka Vept. o 6 Pubt.ic Wonk6 Dept. o 6 Public Wonk6 Mn. Monnow bnieity addressed the Commission aster neee.iv.i.ng the plaque. Mn. Monnow:. "Mr. Mayon, .i6 I could be .indulged just Son a moment 06 pekaonat pn.i.v.ilege Son the teat time. 'Wen looking back on 36 years o6 senvLce, I atway6 Olt that I took onde&s 6nom the City Manage& and the City Adm.i.niatnat.ion and I cc n.ied out the City Managen'a and the City ComrLss.ion'a policy but I always Sett that I worked bon the people, the e.itLzen6 o6 Miami. Not bon you all and not 6o& the manager. I atway6 tn.ied to make this zs my 01 thing, that their taxes paid my salary, that you might have paid pant and that the.in taws that they told you to paha, protected me and bought my house. I always 6ett that the citizens were what I owed my 36 years o6 com6ont in net.inement to and I hope that this Commission wilt continue with the tone that they have particutanly with your tone that you set at your p&aye& meeting mt. Mayon, that this wilt 6.itten down through the admi.n,i:stnat. on to the othena . I would like to thank the e.it.i.zenb o6 the City o6 Miami bon this day and Son what they have done on me. Finally, I know that certain people and centa.in groups take cane o6 themaetves. I don't wonky about the Elizabeth V,irnri.ck's on the Grace Rocka6ettan'6 on the John Maya on those people. They have enough clout and know-how but it's the people who have no one to speak 6or them that I wonky about, pant.ieula&ly those oven on Third Avenue, out on 62nd Street and .in other places. Thee a are the ones that in the words o 6 Bill Sago, 7 hope that you will nun the City and pant cutanly .in parks and recreation 6&om the Bay to the Ghetto, Thank you" (b) PkesentatLon o6 Proclamation to the EASTER SEAL FOSTER CHILD. (c) Pneaentat.ion 06 Plaque and Cent iicatea to Coach Caldwell and membena o6 the Jackson High School Ba6ketbatt team (d) Rea otut.ion commending Women's Amen c an O.R.T. 6or .its contributions .in the 6.ield o6 vocational education and general devotion in hetp.ing society. t� MAR 2 81974 • AUTHORIZE P.S.A. to HOLD CARNIVAL N.W. 22 AVENUE AND 11 STREET The following resolution was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-216 A MOTION AUTHORIZING THE MIAMI P.B.A. TO HOLD A CARNIVAL ON CITY -OWNED PROPERTY LOCATED AT N.W. 22ND AVENUE AND 11TH STREET, SUBJECT TO THE STANDARD CONDITIONS IMPOSED UPON THIS TYPE OF ACTIVITY Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 14, DISCUSSION - HELICOPTER LANDING AREA- PALM BAY CLUB PPRSnNAJ APPEARANCE - MRS. C. DINKLER Mayor Ferre: Mrs. Dinkier, the chair recognizes you. Mrs. Dinkier: My name is Connie Dinkier, Palm Bay Club, Miami, Florida.I have an attorney with me if needed and I also have Colonel Tippitt here who has just bought a home recently next door to the Palm Bay Club and also is a heliocopter pilot in his own right and helped us 8 years ago when, we first obtained permission from the City to land heliocopters at the Palm Bay Club. Also Colonel Tippitt landed heliocopters there and I might add has a preference in the purchase of his new home which is 1-block over from the club. It was with anticipation of using the club again as a heli-pad. Now if I may since I just received this letter this second, I would like to answer it. In ref erence to helicopters landing in the park without permission, this occured only 1 time and that was during the A.B.C. Gala and the reason being that a huge tent was over the club area and the people coming in, we did not know were coming in, so consequently we did not receive permission from the City but that is a one time incident I believe that I am correct. Mayor Ferre: Mrs. Dinkier, let me interrupt you so we can all understand this. The point you want to land helicopters is where? Mrs. Dinkier: I will show you exactly what I want, if I may. Let me explain to you real quickly what the problem is. We have been approved for heltpads for the last 8 years as far as we knew. I repeat that Col. Tippits has been coming in for 8 years in his own helicopter as have other people. I sold apartments in the new building, the Palm Bay Towers of which I am sure you are all familiar with, just received the national award architecturally. Many people own helicopters and we held out to them that we were a helipad and that they could land the helicopters at the Palm Bay Club. All of a sudden, about 4 or 5 months ago, one neighbor who will remain nameless, decided that the helicopters were causing too much dirt coming in at the assigned position which is toward the back of the property. MAR281974 Mayor Ferre: Mrs. Dinkier, Mr. Plummer has to leave in a second and Commissioner Gordon just asked toe whether this was properly adverted and of course, it has not been so 1 don't think you are going to get a vote today so let us in the interest of time, do we want to call for a public hearing.on this? It has to be put on the regular agenda. Mr. Plummer: Mr. Mayor, I will make a motion at this time that this item be placed on a regular agenda as the normal procedure of this Commission and this be heard on April llth, so no one can attest that we are doing anything improperly, so I will make the motion that we defer until APri1 llth. And no landings until that time. Mr. Reboso: I second the motion. Mr. Plummer: On your own property you can do it. You are just asking for an extension on city property. You can land on your own. THE COMMISSION UNANIMOUSLY AGREED TO DEFER THIS MATTER UNTIL APRIL llth AS A REGULARLY SCHEDULED AGENDA ITEM 15, AMD, ORD, 6871 - TO PROVIDE FOR CHANGES, CORRECTIONS TO 7nN1NG DISTRICT MAPS AND TYPOGRAPHICAL ERRORS ETC. An Ordinance entitled - AN ORDINANCE TO AMEND ORDINANCE'NO. 6871, OTHER- WISE KNOWN AS THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR CERTAIN CHANGES AND CORRECTIONS ON THE ZONING DISTRICT MAPS AND/OR TYPOGRAPHICAL ERRORS IN THE TEXT OF THE COMPREHENSIVE ZONING ORDINANCE; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BI A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer and seconded by Mrs. Gordon 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, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8238. 4 MAR 2 81974 16.• GRANT APPLICATIONS FOR REPLACEMENT & TRANIIER OF CERTIFICATES OL OELIC CO '1t !ECESS.I` ' „ The following resolution wag introduced by Mr.. Plummer who moved its adoption: RESOLUTION NO. 74-217 A RESOLUTION GRANTING THE APPLICATIONS SET FORTH HEREIN FOR THE REPLACEMENT AND TRANSFER OF • CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed • and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None . 17, DISCUSSION OF REVOCATION OF CERTAIN CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Mr. Arthur Karlick, Attorney appeared and objected to the proposed revocation of King Cab and said he had just received notice and was not prepared as of this meeting. The City Manager stated the attorney received notice from his client today but that King Cab Company received notice many many days ago and had ample time to prepare to come before the Commission. Mr. Karlick replied the notice had been received only yesterday. The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION TO DEFER CONSIDERATION OF ITEM 12"B" UNTIL THE CITY COMMISSION MEETING ON APRIL 11, 1974 Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 45 MAR 2 81974 18, RATE INCREASE LIBERTY CITY JITNEY ASSOCIATION Mr. PluMmert They are asking for a 50 increase. Their rates like everyone else and their Costs have gone up and I think 50 increase is a justifiable request and I will Hove a 50 increase. Mayor Ferre: Do you want to speak to that Mr. Andrews? Mr. Andrews: Yes, only to the extent that this is a policy decision of the Commission and the City Attorney will have to amend the ordinance and bring it back to the Commission at the next meeting. Mayor Ferre: All right, you understand, legally, we have to do it that way. Mr. Plummer: Well on an emergency basis so that it can become effective the next meeting. Mr. Lloyd: This can be done. The following motion was introduced by Mr. Plummer.who moved its adoption: MOTION NO. 74-218 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR CONSIDERATION, A PROPOSED ORDINANCE GRANTING THE REQUEST OF THE LIBERTY CITY JITNEY ASSOCIATION FOR A 50 RATE INCREASE FOR THEIR JITNEY SERVICE 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 Mrs. Gordon: Mr. Evans, how many vehicles are you operating? Mr. Evans: 2 Mrs. Gordon: Aren't there some that are not being operated, that are licensed? Mr. Evans: No Ma'am. Mrs. Gordon: They are all being operated? Mr. Evans: Yes Ma'am. 5u MAR 2 81974 19, DISCUSSION PILOT_ EMERGENCY. MASS TRANSIT PLAN ," Mayor ?erre: 1 will now recognise Mr. Henry Pino who is a proponent for the plan, with his attorney. How many other proponents are there? Do you represent all the proponents? Unidentified person: Yes. sir. Mr. Andrews: For a point of clarity, the City has received three application for jitney service. One from Mr. Pino, one from Mr. Zilber, and one I can't remember. Mayor Ferre: That is what I am trying to find out. Is there anybody here representing Mr. Zigber? Mr. Plummer: Yes, he is here himself. You can't miss him.Who is the 3rd party Paul? 'Mayor Ferre: Who is the spokesman for the opponents? Who speaks for the opponents. UJnidentified person: I.'11 speak. Mayor Ferre: Are there any other speakers? Anybody else? Let me understand this. We have one Mr. Zilber who is an proponent and one Mr. Zilber who is opponent. Mr. Andrews: The third party, is Willie Williams of the jitney.proposal by Wajl corporation. Mayor Ferre: Before I let you talk, Mr. Pino I am going to recognize Mr. Reynolds who is here from the Metro Transit Authority, and I'd like to ask if anybody here representing Metropolitan Dade County on the traffic study that is being made by the department. Mr. Plummer: Mr. Gene Sims is here. Mayor Ferre: Mr. Simms, would you and Mr. Reynolds take the microphone because I want to ask you specific questions, which may cut a lot of time out of this hearing. Sir, my question to you is this, as I understand it, Metropolitan Dade County is making a in-depth comprehensive taxi industry and related transportation method study, and as I recall that study is due on the 1st day of April. Will the study be on time? If not, when will it be finished? Will it cover the subject? Do our deliberations touch in anyway the Metro Transit Authority, ---will it affect it. What are your recommendations? Mr. Reynolds :The answer to the first question is, it does delve into the possibility of utilizing taxicab, Mayor Ferre: My first question is, is there a study under way? Mr.Reynolds. : Yes, and it is on time. MayorFerre: Will it be finished April 1st? Mr.Reynolds : Yes, we know of no delay at the moment. Mayor Ferre: Has it been released to the public? Mr.Reynolds ; The first part of it has, the findings and the final recommendations have not, and they should come out this week. MAR 2 81974 Mayor Ferre: Will they affect whatever we do here, or vice +versa? Mr. Reynolds: Yes. Part of the study is to determine what other uses can be made of taxicabs other then their traditional uses. In other words, to find a way that we can utilize taxicab to perform collector's services in the outlying areas to take care of problems of the handi- capped, and the infirm and that sort of thing, and to determine whether or not we can utilize taxicabs as a third form of transportation in between the traditional taxicab and the scheduled bus service on regular routes. Jitney service, as a matter of information and definition is really a scheduled carrier just like a bus. The only difference is the size of the vehicle. So we are looking for a third type of service, that has flexibility of a taxicab, service such as dial -a -bus, ----you've heard the term dial a bus, --it is no different than dial -a -taxicab. It is service on demand, and the taxicab offers this type of flexibility. The economic impact of this type of service on the taxicab industry and on the transit industry is to be measured in the study. Mayor Ferre: Mr. Simms, would you like to add something to it? Mr. Eugene Simms: I concur in all that Dave has said. As a matter of fact, we are working jointly on this. I think your fourth question was do we have a recommendation? I feel a wise course of action would be to refer this to the study group which consists of a quite competent professional consulting staff with mix of industry related people and staff people and I really think it would get a very thorough examination and worthwhile response for you. Mayor Ferre: How long would that take? Mr. Simms: I suggest you let us have it a good two weeks or so. I would discourage any rushing in either case. Mayor Ferre: Two weeks is not an exorbitant amount of time. Mr. Andrews you were requested to look into---- Mrs.'Gordon: Mr. Mayor may I ask a question? Mayor Ferro: Please. Mrs. Gordon: Mr. Simms, in the report that is coming out on Monday, are there any inovated uses for the taxicabs in that report? Mr. Simms: There will be two recommended concepts of operation which will be evaluated. They involve a vast array of different things that could be done some of which would be considered inovative,---yes. Mrs. Gordon: ---utilizing the cabs? Mr. Simms: Yes, in inovative or at least different ways, basic would be the objective ----to optimize what has been established, a good job being done, and perhaps to use that ability to get a better job, in perhaps a different way. Rev. Gibson: Let me ask a question, some weeks ago when this matter came, --maybe more than a month, I am sure you were MAR 2 81974 not here Mr. Simms, I think the executive was here. We made reference to the industry. Remember that? air,? Unidentified person: Yee, Rev. Gibson: ---right, what I don't understand is, after all this time, why hasn't industry been contacted? Have you contacted them? Mr. Plummer: Father Gibson, in all fairness, let's go back chronologically, and the action of this Commission was a committee was appointed to investigate this matter and I am reading from the Minutes of that meeting and it was that this Committee was going to contact Mr. Reynolds of the MTA and I think the logical question now would be, Mr. Reynolds were you contacted by this committee and did you appear? Mr. Reynolds: The answer is yes, Rev. Gibson: I thought I was on the right track. All right, I am sure you were here. My memory is not as good as J.L's, but every once in a while, you were here and heard precisely what was said. More than a year ago, remember you were before this Commission. You remember the action we took. Mr. Reynolds: Yes, -- Rev. Gibson: You remember the attitude we assumed? Now, Mr. Andrews, what happened to our wish? Mr. Andrews; What wish was that? Rev. Gibson:That was, that the Committee get in touch with the people who were making experts, the Louisville experts, ----isn't that where they came from? Mayor Ferre: Expand it beyond that, because what we are asking you, --the Commission is asking you, ----you were charged with investigating this and coming back with a report, so why don't you address yourself first to Father's question and then, ---- Mr. Andrews: I want to straighten out an area of mis- understandings so that when I respond, I am responding in a specific area. At the time this was brought up, you have a Commission sponsored committee looking into what I believe was the taxicab industry and the greater service that that taxicab industry was going to perform, then I was asked to look into the jitney service as a result of Mr. Pino coming before theCommission and asking for permission to start a jitney service in the City of Miami. I held several meetings one with Mr. Pino one with a larger group which included Mr. Reynolds, to review only that matter of the jitney service and its expansion, and the things I found out as to the service that was being rendered, and what Metropolitan Dade County was accomplishing, and recognizing that a report was going to be released shortly, in reference to the taxicab and which would touch on the jitney service, I came to the conclusion that I would come to this Commission and recommend that the Commission not take any action today because the first thing you are going to have to.determine as the Com- mission after the report has been completed on April 1st 5a MAR 2 81974 is. to whether the City Commission should retain jurisdiction over jitney service or whether this should be transferred to Metropolitan Dade County in which they would control the activities of jitney service as related to the mass trans- portation which they control and operate, and that the Comztittee which is now functioning would also delve into that area of the taxicab, its expanded service because it begins to get over on the edge of the jitney service and them Mrs. Gordon and that Committee, after the report is completed, and they have had the opportunity to review that, would be in the position to then come back to the Commission and advise the Commission as to what the future policies of the Commission will be as far as the regulations of taxicabs and jitneys. My recommendation is, based on my findings on the subject of the jitney service alone, not studying taxicabs and not studying the bus system, but relating the jitney service to both taxicabs and. to the bus service, that the City of Miami is' the governing body, the rate making body, of the jitney service. I recommend that the City Commission wait until such time as this report, which is being completed, wait until that is published, and you obtain the findings of that, it addresses itself principally to the taxicab industry but it relates itself to the jitney service. You can't really divorce the two in terms ofservice,---- Mr. Plummer: But there was no direction from this Commission, Mr. Andrews: I know that, but I am giving you my recom- mendations based on my findings. Secondly, you have a committee appointed which Mrs. Gordon Chairs, that was addressing itself to the taxicab industry as I understand it, and the broad scope of additional services that• the taxicab industry could perform. It is my further recommendation that that committee digest the information that is going to be produced through the Metro study, and after that committee has had a chance to study those reports, the first thing it should do, in my judgment, is to advise the City Commission as to what portion of the total industry we shout d continue to regulate, i.e. taxicabs, secondarily. jitney service. Then after that. the decision of regulation as to who is going to be the r srn. , s * b;.e body then the you can begin considering plans and alternate plans how to render better service. Mayor Ferre: Your position is eminently clear. Anybody on the Commission wish to make a statement? Mrs. Gordon: Yes, I would like to make a statement, because Charing the special study committee for you Mr. Mayor, the committee felt it would be presumptuous to make any kinds of decisions before the Metro study was completed. and we had an opportunity to see what was contained therein. At that point, we would take those ideas that they have recommended and see if we feel that they apply to us in the City and if they do, how they apply, however from the meetings that we held, we did find a very cooperative attitude on the part of the taxicab industry,and I commend them for it. They are willing to utilize taxicabs in a much more full way to bring about better door-to-door service for the people, and there are a number of ways that we are considering, --and a number of ways we will come back to you with recommendations at the appropriate time, but 54 MAR 281974 at this tide I don't think it is appropriate. Rev. Gibson: In the interest of time. I'd like to move that this matter be delayed, until the report has been made, and ample time to digest the matter. Mayor Ferre: I'd like to do this, Father, if it is all right with you, and the rest of the Commission, we have a committee that was established this morning for the matter of the police building. We have a committee, established for the puose of looking into these taxicab and jitney and related problems. We also have a recommendation from the Manager. We also have a report due Monday. I would like to respectfully request that the Committee headed by Rose Gordon, hold hearings, invite all these people to bring forth their testimony, ask Mr. Reynolds and Mr. Simms to refer this to the Kentucky group and give them a two week hopefully, time period to come back with a specific recommendation which I hope you will then bring up to Commissioner Gordon's committee and then I would like to ask you Commissioner Gordon, to bring this whole matter back with your Committee's recommendation you as Chairman, on April 25, the second meeting of April, since I don't think we will have enough time to do it between now and April 11. Do you concur with all that? Mrs. Gordon: That will be fine. Prior to that we will try to have a full report for each Commissioner to study. Mayor. Ferre: There is no need for a motion, because it is not an agenda item. Rev. Gibson: I hope that the findings of the Louisville group, will be made available to the industry. I want to make that clear, that all the people here, meaning the taxi and jitney people, the responsible heads, will receive copies of that report so they could be knowledgeable when they go before our committee. I don't want this to be a cloak and dagger thing. Mr. Reynoldsi-There is every intention to do this and these members now serve on the technical advisory committee to the study, and they receive as soon as it comes in now. Mrs. Gordon:Mr. Reynolds, if it would be all right with you, I would like to attend if possible some of the meetings that are being held with respect with the studying of it. -- Mr. Reynolds: I'll be pleased to notify you, ---- Mrs. Gordon: ----and then a complete report as soon as it is ready, so that I may have it. We don't have a lot of time to digest it, and we would like to have it as quick as we can. Thank you. Mr. Plummer: Mr. Reynolds let me ask you a question, because it really boils itself very simply, is the way I see this. We have two opposing sides, one which is the cab industry who says don't and the MTA who says don't, and then we have the request of Mr. Pino who say please do. You have worked on this committee, is that correct? Unidentified person: That is correct. Mr. Plummer: You have attended the public hearings? - a MAR 2 81974 Unidentified person: Yes. Mr. Plur: Hae anywhere within the public hearings, has M.T.A. shown anything but opposition to the jitney service? Mr. Reynolds:No, we have always been on record ea opposing jitney service for the simple reason, ---- Mr. Plummer: I don't want to go in too wide, Mr. Reynolds: --I have to explain it Mr. Plummer, -- there is no such thing as jitney service, per se, what it is is a scheduled carrier on a regular route, and especially on our routes and direct competition. Mr. Plummer: Regardless of the outcome of the hearing, your position as to MTA will still be the same. Mr. Reynolds: Not as to MTA, as to the County because it does pose a threat to the overall unified comprehensive county wide transportation system. Mr. Plummer: Mr. Dave Reynolds, M.T.A. executive Director, representing the County, your position will still be the same regardless of the outcome of the report? is'that correct? Mr. Reynolds: No, unless there is a showing by the applicant in this case, what he is proposing is practical and feasible. He is asking you for a certificate of public convenience and necessity to perform a public service, and he must have a showing of the practicality and feasibility of what he is applying for, proposing. Mr. Plummer: Mr. Zilber, representing the cab company. --- your position representing the cab company is still the same, is that correct. The point I am trying to make, is regardless of the outcome of the study, you and the people who you repre- sent will be opposed to jitneys, am I correct? Unidentified person: Correct. Mr. Plummer: Are you saying Mr. Reynolds that you feel there is a possibility that this study group might be convinced that there is a need for this jitney service. Mr. Reynolds: Not for jitney service but for another kind of service, the kind we have been talking about, a new role in the transportation picture, which here a cab, or what we now call a jitney, might be able to perform, but not to operate as a fixed carrier on the present MTA routes . Mr. Plummer: What I am saying is, and I am trying to get it boiled down, the way it is proposed here today, you are opposed, and will be at the outcome of the study. Mr. Reynolds: I honestly don't know what is proposed. I have never seen what Mr. Pino is proposing. Mayor Ferre: So that is why, Mr. Plummer, I am requesting Commissioner Gordon, in her committee to go in depth in this, to permit the professionals to get into it, because this s!U MAR 2 81974 Commission has a record of, in complicated matters, finding the value on both sides, and ending up compromising, and sometimes coming up with something of value, and this might happen here, if we give it the course of action in time for people to express opinions and talk this thing out, and that is why I respectfully request that this matter be given to Commissioner Gordon's committee. Mrs. Gordon: Mr. Mayor, may I ask anyone that wishes to be present when we meet for discussion to please leave your name with the Clerk. Mr. Plummer: Mr. Mayor, the only point I was trying to make was, I don't see where the outcome of this study is going to alter the position of anyone in this room, and we are just going to be kidding ourselves, we are going to be back here on the 25th, and you are going to get twice this amount of people, Mayor Ferre: J.L. that is not the point, ---the point is, I agree with your statement, but there is another statement you've got to add to it, and that ia, despite the fact that nobody is going to change their opinions that are here, you might get something coming out of this that might be of value, and I think it is worth going through time, effort and exercise. Mrs. Gordon: J.L. there are three separate types of service that the taxicabs can utilize that are not exactly what they are doing now. I don't want to bring it on the table now, we will at a future time, but there are three inovative ways of handling it. Mr. Plummer: My position is very clear, and both the records of the 28th of February and the 24 of January, -- Mayor Ferre: And I am sure as usual, you will be con- sistent, but that is not what is involved here today. We are now through with this item, we are not going to listen to you, or the other side, we have made a decision as to what we are going to do here. Unidentified person: We would just like to go on record, of saying that Yellow Cab, as I am president of the association, is definitely opposed to this type of service. Mayor Ferre: I understand. Unidentified person:We have several fellows here and we know at the next meeting we probably won't be able to bring them down. Mayor Ferre: I understand the picture, nevertheless, we are going to have these hearings and try and get some give and take, I don't what is going to come out of it, we will see. Mrs. Gordon: It is not opposed to utilizing taxis ---- in a fuller way, -okay that is what we are talking about. Unidentified person: We feel the taxi industry, together s.ith MTA, can do the job. Mayor Ferre: That might be the solution that will come out of this, so don't prejudge what is going to happen. 5i MAR 281914 What Plurnrer said is absolutely right, nobody is going to change your opinion. Let this run its course. We are going on to the next item, and I respectfully request all of you, that as you file out. you do so quietly. Thank you very much. Mrs. Gordon: If you don't leave your name I won't know to notify you, so if you want to be notified leave your name with the Clerk. Mr. Sigmund Zilber: Mr. Mayor, to make a little bit easier for the Commission in this study, two of these appli- cations would like to withdraw, that is, my application and WAJL. After talking with Mr. Reynolds fromMTA, we agree that the feasible study should be made prior to anything being put in, ---our recommendations were put in at your request at the last meeting when other people were requested to put in proposals. We would like to withdraw our two proposals and just leave the one remaining so we can discuss that one particular proposal. Mayor Ferre: All right, sir. Thank you very much. Mr. Pino? Mr. Henry Pino: I want to say something. I am not withdrawing any application. I think that what I am trying to do is -just and it should go ahead. I think the people that are here, these people need service right now. I want also to say that we are withdrawing one of our part of the system, because we don't want to get into conflict with the people of the taxicab, we are going to suspend our part of dial -a -ride and we are going to stick to the 6 routes and express routes, and the 6 routes on the mini buses and also just to make to take people to work. We are withdrawing completely the dial -a -ride system. Mayor Ferre: Thank you Mr. Pino. Unidentified person: I wish to speak in the English language. My English is bad, ---it is broken English, ---but I have something to say. I want to speak in the name of the poor, ----I want to speak in the name of the elderly, ---I want to speak in the name of the. needy, I am going to speak briefly in the name of the youthful aged. Unidentified person: Mr. Mayor I would like to take one more minute of your. time to tell these people, in both the City and the County that our people know of the need for' this type of service, and believe me, we plan on performing it if given the opportunity. Mayor Ferre: You will be. Thank you very much. 20. PERSONAL APPEARANC MMRS. ARVA PARKS -HISTORICAL ASSOCIATION INCLUDES PERSONAL APPEARANCE BY OF SOUTH FLORIDA MAESTRO. CAESAR LA MONACA: Mayor Ferre: Mrs. Parks? Mr. Plummer: Mr. Mayor, before she starts,I think we should recognize who she is. She is the daughter-in-law of Mr. Ralph Parks, a very dedicated employee of the City, and if she does half the job he does. you are in good shape. MAR 2 81974 Mra. Arva Perks: Thank you very much. My name is ArVa Parka, -and 2 atn president of the Historical Association of Southern Florida. that operetta a historical museum On Vi2Caya Museum Complex. am here today to ask that our organization be granted permission to be the official birthday party giver for the City of Miami. Our purpose is to highlight our history and also to maize the community aware of all the important educational things. Mayor Ferret Is there a motion too that effect? Mr. Reboso: I move it, Mr. Mayer. Thereupon the following motion was introduced by Mr. Reboso, who moved its adoption: MOTION NO. 74-219 A MOTION DECLARING THE POLICY OF THE COMMISSION THAT THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA SHALL BE THE HOST FOR CITY OF MIAMI BIRTHDAY CELEBRATIONS Upon being seconded by Mrs. Gordon, passed and adopted by .the following vote Mr. Plummer, Mr. Reboso, Rev. Gibson and None. the motion was - AYES: Mrs. Gordon, Mayor Ferre. NOES: Mrs. Arva Parks: Could I thank you all for helping us on our 'dig' that is going on right now up at Granada site. I hope you will go by to see it. We have documented things from the Tequesta Indians through the second Seminole war, through the 1966 dime. Mayor Ferre: Have you told about the little rose you found? They found a little plastic rose, it says it was made in 1582 in Japan. Mr. Plummer: Are you indicating our Commissioner was born in 1892? Mayor Ferre: We have Maestro Caesar La Monaca here, and I'd like to recognize him at this moment, would you stand please Maestro. I want to publicly say Maestro, that there are few people in our community that Miami is more indebted to than to you. We have been very fortunate to have had a man of your quality and calibre in our midst for so many years, so well serving this community. We have of course recognized you many times, and I am happy to do so for the City one more time. I want to tell you that you have some very important and valuable things that are in your possession, over there by the Bandshell, and we are very worried about them, because they are so important that we want them to be a permanent part of the history of Miami. Mrs. Parks has been worrying about it, for you and for us, and I know you are worried about it too. We have to find some kind o f solution for that, and I think she wanted to speak briefly to that point. Mrs. Parks: If it were possible, we would like to make 51, MAR 2 81974 available the Historical Museum facilities for storage of Mr. La MDnaca's valuable collection. Mayor £erne: Maestro, how can you say no to such a beautiful smile? Rev. Gibson: We want you to turn around so they can take a picture. Mayor Ferre: Thank you very much Maestro for your presence. We are not going to be able to resolve this today, but Mrs. Parks is going to, thank you very much Maestro. 21, RATIFY ACTION OF CITY MANAGER -AUTHORIZE EXPENDITURE OF $1,000 TO ACQUIRE THE 1976 "GOLDEN GLOVES CHAMPIONSHIP TOURNAMENT" Mr. Plummer: Mr. Mayor I would like to announce to the Commission that the delegation from Miami has secured,and the 1976 Golden Gloves, nationwide will be held in Miami. Our delegation was very successful in bringing this back home. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-220 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER AND AUTHORIZING THE EXPENDITURE OF $1,000. REPRESENTING 10% OF THE TOTAL BID TO ACQUIRE THE 1976 GOLDEN GLOVES CHAMPIONSHIP TOURNAMENT FOR THE CITY OF MIAMI (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: Mr. Plummer, Mr. Reboso, Rev. Gibson Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Even though we have taken this up very quickly and lightly, I want to commend you and Rose, and certainly Dick Lee and Elizabeth Virrick and all the people in the City of Miami who really went out and fought for this, and I say this advisedly, it is a great program, I think it going to do a lot of credit to the City, and I think it is wonderful work and thank you, and I vote 'yes'. 22, MOTION REQUESTING SIGN OVER ELIZABETH VIRRICK BOXING GYM DECLARING MIAMI TdE HO��EO�OLDEN GLOVES -NATIONWIDE 1976 Mr. Plummer; Mr. Mayor, I would like to see an appropriate sign be put over the Elizabeth Virrick Gym, on Bayshore Drive, MAR 2 81974 alto theme of the Golden Gloves Nationwide 1976, and 1 !ve Ouch a sign be placed there. Thereupon the following motion was introduced by Mr. Plummer, who sired its adoption: MOTION NO. 74-221 A MOTION REQUESTING THAT A SIGN BE PLACED OVER THE ELIZABETH VIRRICK GYMNASIUM AT DINNER KEY DESIGNATING IT AS THE HOME OF THE GOLDEN GLOVES NATIONWIDE,1976 Upon being seconded by Mrs. Gordon, the motion was passed and adoted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mrs. Gordon: The dedication is to take place when the sign is ready, and we can make a real nice thin out of it. 23, PROVIDE TRANSPORTATION AND OTHER EXPENSESS FOR POLICE OFFICERS TO GO TO TALLAHASSEE TO ACE OU STAN I GREEN & CLERKE POLICE OFFICER AWARDS Mr. Plummer: Mr. Mayor the other thing I would like to bring up, the State Legislature, when they open in session would like to recognize two of our Police officers who were picked as outstanding police officers of the Nation. I would like to make a motion at this time that sufficient funds be made available from the Publicity Dept. which I think would be the appropriate place, to adequately take care of both of these officers in their transportation and accomodations and I offer that in the form of a motion. Thereupon the following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-222 A MOTION THAT SUFFICIENT FUNDS BE MADE AVAILABLE FROM THE PUBLICITY DEPARTMENT, OR WHATEVER SOURCE IS APPROPRIATE, TO ADEQUATELY TAKE CARE OF THE TRANSPORTATION AND EXPENSES FOR POLICE OFFICERS GERALD GREEN AND WALLY CLERKE TO ATTEND THE LEGISLATIVE SESSION IN TALLAHASSEE TO BE RECOGNIZED AS TWO OUTSTANDING POLICE OFFICERS IN THE NATION 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, and Mayor Ferre. NOES: None. Mr. Plummer: Mr. Andrews, will you have Mr. Prive get in touch with Officer Gerald Green and Officer Wally Clark, because I think they are supposed to go Monday or Tuesday. Mayor Ferre: Thank you. 6�MAR 28114 24. APPOINTMENTS TO THE YOUTH ADVISORY BOARD Mayer Ferree Mr. Ken Friedman, appointments to the Youth Advisory Board, Mr. Ken Friedman: As indicated at the last Commission meeting, and through communications to you, there are now some nine vacancies to be filled on the Youth Advisory Board, so we await the Commission appointments. Mayor Ferre: I had my list. Mrs. Gordon: I have the name of one young man who is not on the list, and I think you may know him. His name is Tucker Gibbs and I'd like to include him in the list to be appointed. Mayor Ferre: Do you have any appointments, J.L.? Mr. Plummer: No, Mr. Mayor, you requested that you had used up all of yours and you wanted one of mine. Mayor Ferre: I have one coming? Rev. Gibson: I have one. Mr. Plummer: How many have I got? Mayor Ferre: Three,---- How many does Reboso have? Mr. Friedman: Two, --- Mr. Reboso: I have the two names here. Mayor Ferre: Name them Mr-.-Reboso: Carlos Arboleya, Jr. and Percy Aquila. Mayor Ferre: I'll have my two later on. Mr. Plummer: Mr. Mayor, let me ask a question, is it necessary to do it here, or just submit the names to you as Chairman, ---- Mayor Ferre: The problem is we don't do it. Mr. Lloyd City Atty: May I interject here, Mr. Mayor, this should be done by resolution, and what would be the best way to do is to put the names down, give them to this gentleman here, and then I'll prepare the resolution. Mayor Ferre: Mr. Lloyd you now have two here, one with Rose, ---those are three appointments, how many vacancies do we have? Mr. Friedman: Nine, - Mayor Ferre: We have six left. Mr. Friedman: You recommended Matthew ,I remember that was at the last meeting. Mr. Lloyd: What we can do is, when you pick all the names we can make one reoolution, appointing them all. 6 MAR 2 81974 Mayor Ferre: Is he going to be all r. icjht, Matthew__ ? 2 think that Was Otte of the kids that came here on one: of Mks. Gordon: He asked to be on it. Mr.. Plummer: I also had a request from a young lady at Everglades School who wanted to be on it. Mayor Ferre: You have Matthew Hodes, is that it? That is four, so is there a motion for these four, and we wily get the others. Mr. Plummer: So move. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-223 A MOTION NAMING TUCKER GIBBS, CARLOS ARBOLEYA,JR. MATTHEW HODES AND PERCY AGUILA AS MEMBERS OF THE YOUTH ADVISORY BOARD OF THE CITY OF MIA MI Upon being seconded by Mrs. Gordon, passed and adopted by the following vote Mr..Plummer, Mr. Reboso, Rev. Gibson and None. the motion was - AYES: Mrs. Gordon, Mayor Ferre. NOES: 25, APPROVE EXPENDITURE OF $50,00 FOR EXPENSES IN CONNECTION WITH V.D. PROGRAM SPONSORED BY YOUTH ADVISORY BOARD Mr. Friedman:May I request of the Commission, that they locate addresses and phone numbers and that the Clerk supply this tome, and on the question of the expenses, ---the second reason why I am here today, on the Venereal Disease program. We were to report back to you the expenses, the questionaire would cost the City of Miami printing shop $50.00, so I would like a resolution approving. Mayor Ferre: We can do that. ---- Mr. Plummer: So move, ---- Mayor Ferre:--any further discussion? Thereupon the following motion was introduced by tier. Plummer who moved its adoption: MOTION NO.•74-224 A MOTION APPROVING THE EXPENDITURE OF $50.00 FOR EXPENSES IN CONNECTION WITH THE VENEREAL DISEASE PROGRAM BEING SPONSORED BY THE YOUTH ADVISORY BOARD OF THE CITY OF Miami Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre; NOES: None. 6 t MAR 2 81974 26, APPOINT MONA LIGHTE AS CITY'S REPRESENTATIVE ON THE BOARD OF D1RECTOK OF DE _EELAJONTE )ACOL CY CENTER firs. Gordon: I just handed you a note , Commissioners, Linda Siote, who we appointed to the Belafonte Tacolcy Center feels it would be a conflict with her job, as Regional Coordin- ator of the Drug Abuse program, but she is willing to help us as a consultant anytime we need her services. In her stead, I'd like to name Monts Lighte as the City's representative. I so move, Thereupon the following motion was introduced by Mrs. Gordon who moved its adoption: MOTION No. 74-225 A MOTION NAMING MONNA LIGHTE AS THE. CITY OF MIAMI'S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE HARRY BELAFONTE TACOLCY CENTER 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 and Mayor Ferre. NOES: None. �; MAR 281974 L:- 27, CHANGE ZONING CLASSIFICATION .. TRACTS 1 & 2, TENTATIVE PLAT #895 ". RIVE COS "FROM C=4 .& W I .T R-4 D An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR TRACTS 1 and 2, TENTATIVE PLAT NO. 896 - "RIVER COVE" FROM C-4 (GENERAL COMMERCIAL) AND W-I (WATERFRONT INDUSTRIAL) TO R-4 (MEDIUM DEN- SITY MULTIPLE) LOCATED AT NORTH RIVER DRIVE AT N.W. 17th AVENUE: AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DE- SCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. passed on its first reading by title at the meeting of Feb- ruary 28, 1974, was taken up for its second and final read- ing by title and adoption. On motion of Mr. Plummer, seconded by Father Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the fol- lowing vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Said Ordinance was designated Ordinance No. 8239. Mr. Lloyd: Let the record reflect that the Commissioners all received copies of this ordinance and it is available to the public. 28, CHANGE ZONING CLASSIFICATION - LOTS 3,4,5, BLOCK 18 SHORECREST (10-23) An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 3,4 AND 5, BLOCK 18, SHORECREST (10- 23), FROM R-1 (ONE -FAMILY) TO R-3 (LOW DENSITY MULTIPLE) DISTRICT, LOCATED AT 676 N.E. 80th STREET; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; AND BY RE- PEALING ALL LAWS IN CONFLICT HEREIN. passed on its first reading by title at the meeting of Feb- ruary 28, 1974, was taken up for its second and final read- ing by title and adoption. On motion of Mr. Plummer, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the fol- lowing vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. Abstained: Mrs. Gordon. Mayor Ferre: Let the record reflect that everybody has a copy of the ordinance and has read it. MAR 2 81974 29, ACCEPT COMPLETED WORK - WYNDWOOD PARK FENCING- 1974 The following resolution was introduced by Mt. Plummer, who moved its adoption: RESOLUTION NO. 74-226 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY KING FENCE OF MIAMI, INC., AT A TOTAL COST OF $3,978 AND AUTHORIZING A FINAL PAYMENT OF $397.80 FOR THE WYNWO0b PARK - FENCING - 1974 (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was pass- ed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 30, ACCEPT COMPLETED WORK - WYNDWOOD PARK COMMUNITY BUILDING ALTERATIONS - 1973 The following resolution was introduced by Reverend Gib- son who moved its adoption: RESOLUTION NO. 74-227 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HENRY DEGRAFF & SON, INC., AT A TOTAL COST OF $142,137.72 AND AUTHORIZING A FINAL PAYMENT OF $14,425.27 FOR THE WYNDWOOD PARK COMMUNITY BUILDING ALTERA- TIONS - 1973. (Here follows body of resolution, omitted here and on file in the LCity Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 31, PUBLISH NOTICE OF OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK VIRGINIA GROVE HIGHWAY. IMPROVEMENT H-4358 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-228 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF MAR 281974 VIRGINIA GROVE HIGHWAY IMPROVEMENT H4358 IN VI IN GROVE HIGIH AY IMPROVEMENT DISTRICT H-4358. (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: Mr. Plum- mer, Mr, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 32, ORDERING RESOLUTIONS - GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C AND SR-5374-S The Mayor announced that the Commission was now ready to con- sider hearing any objections to ordering resolution for Glen - Royal Sanitary Sewer Improvement SR-5374-C and Sr-5374-S. No objectors appeared. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-229 A RESOLUTION ORDERING GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C (CENTERLINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS GLENROYAL SANITARY SEWER IMPROVEMENT DISTRICT SR-5374-C (CENTERLINE SEWER) AND ALLOCATING FUNDS FOR SAME. ((Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. The followng resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-230 A RESOLUTION APPROVING THE ORDERING OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-S (SIDELINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS- MENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS GLENROYAL SANITARY SEWER IMPROVEMENT DISTRICT SR-5374-S (SIDELINE SEWER) . .. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) 6d. MAR 2 81974 Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - ,YES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOBS: None. ' 33, ACCEPT PLAT - COCONUT GROVE SQUARE SUBDIVISION The following resolution was introduced by Reverend Gib- son who moved its adoption: RESOLUTION NO. 74-231 A RESOLUTION ACCEPTING THE PLAT ENTITLED COCONUT GROVE SQUARE, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPT- ING A COVENANT TO RUN WITH THE LAND POST- PONING THE IMMEDIATE CONSTRUCTION OF SIDEWALK AND LANDSCAPING; 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 Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. MIAMI WHOLESALE FURNITURE, INC. 34. CLAIM SETTLEMENTS JOSEPHINE DUNN JOSEPHINE SAUER The following resolution was introduced by Reverend Gib- son who moved its adoption: RESOLUTION NO. 74-232 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MIAMI WHOLESALE FURNI- TURE, INCORPORATED WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $263.63 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mr. Gordon and Mayor Ferre. NOES: None. 6 MAR 2 81974 The following resolution was introduced by Mr. Reboso Who moved its adoption: RESOLUTION NO. 74-233 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSEPHINE DUNN WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $4.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OP 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 Reverend Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-234 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MRS. JOSEPHINE SAUER WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $78.00 IN FULL AND COMPLETE S} rLE- MENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 35. DISCUSSION OF PROPOSED CLAIM SETTLEMENT- STEVE AULETA Mr. Plummer: What is 25, what happened here? Mr. Lloyd: This was the case where some minors were arrested, I believe in a restaurant. One of the minors fell down and police were there. They thought he was drunk, picked him up along with this other minor, there were some scuffles between the police and the minors on the way to the Police Station. Accounts differ as to what happened. The minors have accused members of the Police Department of excessive force. On be- half of this particular minor, there was considerable injuries. The doctor although the medical treatment was not extensive, the medical injuries included a number of injuries such as multiple bruises, large hematoma, right ----had a large hematoma three inches, had a bruise over the right lateral solis muscle, and a hematoma on the left elbow and wrist marks from the 63 MAR 2 81974 th‘ hand cuffs. They're quite extensive and a claim of excessive brutality... One of the problems in this Was, there was a ser- ious not so much of the,:as such as the excessive brutality, there was a serious question involving the legality of the legality of the arrest in as much as a higher ranking police officer afterwards said the minor did not appear to him to be drunk but he suggested that possibly at the time of the arrest they could have appeared to be drunk even though they had not been drinking very much. This presents a problem with the legality of the arrest, and of course, with a false arrest, if such is the case. A false arrest, if a hand is put on a person with a false arrest he is entitled to resist the false arrest, so we do have a little bit of a problem here. Mayor Ferre: I have some questions on this because obviously from what Mr. Plummer is saying, and I am glad the Chief is here, these things.... Mr. Plummer: We're getti*ig about one every meeting. Mayor Ferre: It is occuring rather frequently so I am going to skip over #25 in the interest of time. Mr. Plummer: Let's defer it for two weeks. Mr. Lloyd: There is one thing I wish to say. In this con- nection, we do have a large number of these cases which have been backed up, which these cases have been pending over a period of considerable time. Mayor Ferre: Look, I want you to do this now. We are going to defer this. You make a study of this and before the llth I want a memorandum from you to this Commission, I want to know how many of these things have come up, what the frequency is and what the back log is and I would like for the Chief's input into this as to what's going on here so we can answer Commissioner Plummer's questions. Mr. Reboso: This is a $2,000 claim. Mr. Plummer: This is a $2,000 settlement, not claim. Mayor Ferre: All right, is there a motion to defer? Mr. Plummer: I made it. A motion to defer the item was introduced by Mr. Plummer, seconded by Mr. Reboso and passed and adopted by the follow- ing vote. AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 36, 1-YEAR EXTENSION OF EMPLOYMENT - JUAN PEREZ PARKS AND RECREATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-235 A RESOLUTION APPROVING A ONE-YEAR EX- TENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR JUAN PEREZ, CUSTODIAN II, STADIUMS DIVISION, DEPARTMENT OF PARKS AND RECREATION, EFFECTIVE MARCH 8, 1974 70 MAR 2 81974 WO MARL 8, 19'i5, WITH THE PROVISION THAT IN THE EVENT OF A ROLLEACK OR LAY. OFF, MR. PEREE, RATHER THAN A JUNIOR EMPLOYEE. WOULD BE AFFECT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded Mr. Reboso the resolution was passed and adopted by the following vote AYE : Mr. Plummer, Mr. Reboso, Reverend Gibson, Hrs. Gordon and Mayor Ferre. NOES: None. 37, ESTABLISH OCCUPATIONAL LICENSE FOR ASTROLOGISTS An ordinance entitled: AN ORDINANCE AMENDING SECTION 30-28 OF CHAPTER 30 OF THE CODE. OF THE CITY OF MIAMI BY ESTAB- LISHING THE OCCUPATIONAL LICENSE FOR ASTROLOGERS AT $300.00 PER ANNUM. was introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. 37.A. APPROPRIATION OF UNCOMMITTED FEDERAL REVENUE SHARING FUNDS— DISCUSSION AND DEFERRAL TO APRIL 11, 1974 Mr. Plummer: Mr. Mayor, this is the one that I was going to bring up quite a bit of controversy on. Mayor Ferre: And me too, so skip it. Let's go to 29. Mr. Plummer: Are you saying skip it until a later date? Mayor Ferre: Yes, I mean to defer it because that is going to be an hour and a half of discussion at least. A motion to defer the item was introduced by Mr. Plummer, seconded by Mr. Reboso and passed and adopted by the follow- ing vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre: NOES: None. 38, REPEAL SECTIONS OF THE CITY CODE WHEREIN RULES ARE ESTABLISHED FOR TUE MUNICIPAL. COURT An ordinance entitled: AN ORDINANCE REPEALING SECTIONS 35-1, 35-2, 35-3, 35-4, 35-5, 35-6, 35-7, 35-8, 35-9, 35-10 OF THE CODE OF THE CITY OF MIAMI WHERE- IN MUNICIPAL COURT RULES ARE ESTABLISHED; PRO- VIDING FOR THEIR DELETION FROM THE CODE; RE- PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. 7i MAR 28 1974 WAS introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote- A' t Mr. Plunvner, Mr. Reboso, Reverend Gibson, Are. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Let the record reflect that every Commissioner has been given a copy of this and has read it. 39, RATIFY & CONFIRM ACTION OF CITY MANAGER TO PAY KNOWLES ANIMAL HOSPITAL FOR VEIINARY SERVICES_ FOR CANINE, coRPS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-236 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN AUTHORIZING THE PAY- MENT OF $6,257.40 TO KNOWLES ANIMAL HOSPITAL, INC. FOR VETERINARY SERVICES RENDERED TO THE CANINE CORPS OF THE DEPARTMENT OF POLICE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote. AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 40, AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE AN AMENDMENT TO LEASE FOR WATERFRONT FACILITY AT DINNER KE The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-237 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN AMEND- MENT TO THE LEASE FOR THE WATERFRONT MARINE FAC- ILITY DINNER KEY, MIAMI, FLORIDA. (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, Mr. Reboso and Mayor Ferre. NOES: None. 72 MAR 281974- GRANT USE OF BAYFRONT PARK AUDITORIUM AT REDUCED RATE FOR 414 Mr. Plummer: On #33, I want to know why, Mr. City Manager, I have rained this question before and I still haven't got a satisfactory answer. This is the school system. Now why aren't they availing themselves of the Dade County facilities rather than coming and asking us for it and asking us to waive all the fees? Mr. Andrews: I don't know the answer. Mr. Plummer: Well, you know I have this twice before. Mayor Ferre: We're not going to pass it until you get an answer. Mr. Plummer: I'm going to tell you something Paul, I'm going to go for it but I want in the future, you know Metropolitain Dade: County owns all kinds of facilities, why they should come to us, take ours and. I'm going to go ahead and pass it, Mr. Mayor. It is already obviously scheduled. They can waive their own fees why come and ask us. Mayor Ferre: Is there a motion on 33? Is there a second? Further discussion? Call the role please. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-238 A RESOLUTION GRANTING A 50% REDUCTION IN THE RENTAL FEES FOR THE USE OF THE BAYFRONT PARK AUDITORIUM BY THE DADE COUNTY SCHOOLS' MUSIC DEPARTMENT FOR MUSIC EVALUATION FESTIVALS ON APRIL 22-23, 1974; MAY 15-16, 1974; AND MAY 20-23, 1974 INCLUSIVE. (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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 42,BOOZ-ALLEN AGREEMENT - DISCUSSION AND DEFERRAL TO SPECIAL MEETING ON APRIL 18. 1974 Mr. Plummer: Real quick like, I am going to defer it until the special meeting is called the 18th of April. Mayor Ferre: There is a motion to defer until the April 18th. That's the question of Booz-Allen & Hamilton. I think we had better. A motion to defer the item was introduced by Mr. Plummer, sec- onded by Mr. Reboso and passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. 7 MAR 2R 1974 Gordon; and Mayor Ferte. NOES: NONE. 43. ACCEPT BID - OLDSMOBILE "98" SEDAN FOR OFFICE OF MAYOR The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-239 A RESOLUTION CONFIRMIRMING THE ACTION TAKEN BY THE CITY MANAGER UNDER MOTION 74-75 WHICH AUTHORIZED AND DIRECTED THE RECEIPT OF BIDS AND PURCHASE OF AN OLDSMOBILE "98" SEDAN TO BE USED BY THE MAYOR, SAID LOW BID BEING SUBMITTED BY CRIPPEN OLDSMOBILE, INC. (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: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 44, ADVISORY COMMITTEE ON FEDERAL REVENUE SHARING FUNDS DISCUSSION AND DEFERRAL TO APRIL 11 Mr. Reboso: Are we going to defer agenda item #36? Mr. Plummer: same as 28. I think we ought to defer that, Mr. Mayor, the A motion to defer the item was onded by Mr. Reboso and passed vote - AYES: Mrs. Gordon, Mr. Gibson and Mayor Ferre. NOES: introduced by Mr. Plummer, sec - and adopted by the following Plummer, Mr. Reboso, Reverend None. 45, DISCUSSION OF PROPOSED LOITERING ORDINANCE Mr. Lloyd: This is actually a companion to the recently pass- ed prostitution ordinance requested by the Chief of Police and basically it provides for certain minimum penalties for loiter- ing and an increase of the minimum penalties for subsequent convictions of loitering. It is, as I say, a companion to the prostitution ordinance and law enforcement officials believe that this will aid them in the enforcement of the prostitution ordinance. I think if I may direct a question, or perhaps the Mayor might want to direct a question to the chief. Am I not correct in this statement? Mayor Ferre: Chief, do you want to have any comments on this? Chief Garmire: Your honor, this is the ordinance that we re- quested be modified with minimum penalties passed. It is a companion piece to the prostitution control ordinance. ' MAR 2 81974 Mayor Pierre YOU think this strengthens; the .... Chief dermiret Yee, sir. Mrs. Gordon: Would it lead to any abuses though Chief? When somebody parka their car for a couple of minutes and, would that be considered loitering? Chief Garmire: No, Mrs. Gordon. Mrs. Gordon: I would hate to think that this would give peo- ple in, would place people in a position of being afraid of anything being termed loitering. Chief Garmire: It really doesn't change the ordinance perse so far as offenses are concerned but it does tighten up the situation. Mayor Ferre: Mrs. Gordon, I'll tell you, you know I think unfortunately we. in this country have gone too much to the extent of overleniency_on matters such as this and it isn't that I'm a way out right-winger or anything like that but it is time that we started toughening up some of these things. Now I recognize that there is always a matter of somebody could abuse this but I really think that this is part of the program that the Chief has and that we in the City have of rightening up a little bit. Mr. Plummer: Chief, do you recommend this? Chief Garmire: Yes, sir. Very much. Mayor Ferre: There is a motion, is there a second? There is a second on 37.a. Further discussion? Mrs. Gordon: The mother of a young man called and was frantic because her son was accused of loitering when he wasn't loit- ering at all. He was driving a vehicle, her husband's truck, had parked it at the side where there was a pile of debris. Some of the debris was some of those large spools that the phone company uses for whatever they use it for, I don't know what. The young man stopped to pick it up to put it in the truck and a policeman came along and accused him of loitering. He was pulled in, the truck was pulled in, and a whole lot of other things of this sort, and I sure hate to see this happen. Mayor Ferre: 28th. Mr. Plummer: Mayor Ferre: Mrs. Gordon: A11 right, there is a motion for deferal til the For what purpose? Because she wants to talk about it more. Because I think that we have to understand ex- actly what we are doing in this. What have we got and what are we getting? Mayor Ferre: J.L., listen I am going to vote for it unless something convinces me differently. On the other hand we have extended other people the right when they wanted to de- fer something . Mr. Plummer: Ok. I just, you know, when the Chief stands here and tells you he needs it. Mr. Mayor, I am sure that what Rose is bringing up is true that there are going to be cases that there is going to be some abuse but that's what 7 MAR 2 81974 Ow we've got courts or. Mayor Ferret J.L., I am for it and I am going to vote for it but I think that Coinnissioner Rose Gordon wanta the time on this thing, Mrs. Gordon: I want somebody to supply me with what we've got and how it is going to be changed to what. Mr. Plummer: Just go look on the boulevard. Mr. Lloyd: I can do that, as a matter of fact, I can Mayor Ferre: Chief, are you listening to Any further discussion? There is a motion b. There is a second, further discussion? this? Ok. to defer 37a. and Call the role. A motion to defer the item was introduced by Mrs. Gordon, sec- onded by Reverend Gibson and passed and adopted by the follow- ing vote. AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rever- end Gibson and Mayor Ferre. NOES: None. 46, TRANSFER $4,000 FROM CONTINGENCY FUND TO EMPLOY El -LINGUAL RECEPTIONIS Mr. Plummer: Move to deny. Mayor Ferre: Mr. Plummer: Mayor Ferre: Come on. I tell you I'm moving to deny. There is a motion to deny, is there Going once, going twice. a second? Mr. Plummer: Before the third time. Mr. City Manager, if we do this what does it leave us in our Contingency Fund? How much money? Mrs. Gordon: Mayor Ferre: Mrs. Gordon: I don't think I want to tell Wait a minute, Just a second, he needs.... you J.L. that let him ask the question. this is important to your answer. Mayor Ferre: Now Rose, let's do er Plummer has asked a question. it then I will recognize you for Andrews. this with decorum. Commission - If Mr. Andrews will answer a statement. Go ahead, Mr. Mr. Plummer: What will this leave in the Contingency Fund if this is approved? Mr. Andrews: $2000.00. Mayor Ferre: Now, Mrs. Gordon. Mrs. Gordon:' Yes. When this $8,000 was requested it was not considered by me that we did not need the full years funding. We only need about a half a year, so consequently we don't need $8000. We need less than that. I believe that if we had $4000 we would probably cover the rest of the year. Mayor Ferre: Does that still leave $2000? 76 MAR 2 81974 M. Andrews: No, that would leave $6000. Mrs. Gordon: All right. Mr. Plummer: And this contingency fund is for any emergencies that arise in the City of Miami, is that correct? Mr. Andrews: That is correct. Mr. Plunnter: In other words, what you are telling me is that the fund for a City that is operating on a $62,000,000 budget, if an emergency arises above $6000 we're defunct. Mr. Andrews: Prom the standpoint of that fund. You would have to make other adjustments. Mayor Ferre: All right, let's move on. defer, is there a second? I mean there is there a second? Going three times. There is a motion to is a motion to deny, Now, is there a motion? Mrs. Gordon: I'll move that this be funded, I think it is $4000 that we need, I'm not sure. Mayor Ferre: There is a motion to fund $4000, is there a second? There is a second, is there further discussion? The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-240 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER $4,000.00 FROM THE CONTINGENT FUND TO THE CITY COMMISSION BUDGET FOR THE PURPOSE OF EMPLOYING A BI-LINGUAL RECEPTIONIST IN THE CITY COMMISSIONER'S OFFICE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso 'the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Reboso, Reverend Gibson. NOES: Mr. Plummer and Mayor Ferre. 47, AWARD BID - HEAVY EQUIPMENT FOR USE BY OPERATIONS DIVISION OF THE PUBLIC WORKS DEPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-241 A RESOLUTION, ACCEPTING THE BIDS RECEIVED ON 'FEBRUARY 15, 1974 FROM SOUTHERN MILL CREEK PRODUCTS, DeBRA TURF & INDUSTRIAL EQUIPMENT, H.F. MASON EQUIPMENT COMPANY, AND INTER- NATIONAL HARVESTER COMPANY FOR FURNISHING HEAVY EQUIPMENT, FOR USE BY THE OPERATIONS DIVISION OF THE PUBLIC WORKS DEPARTMENT AT A TOTAL COST OF $44,954.44; AND AUTHORIZING 7`r MAR 284 THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION i'0 ISSUE PURCHASE ORDERS, AS NECES- SARY, Arm PIRSP HAVING DETERMINED THAT FUNDS BUDGED FOR S PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 48, DISCUSSION OF PURCHASE OF SNOWMOBILE AND DEFERRAL OF CONSIDERATION Mr. Plummer: Deny. Mayor Ferre: What is that? Mr. Plummer: A showmobile for $21,000 and we've already got a showmobile, what do we need another one for? We don't use the one we've got. Mr. Andrews: Yes we do. Mr. Plummer: All right, how many times, Mr. Andrews was it used last year? Mr. Andrews: I can't give you to answer precisely now but if you want one I will supply one. Mr. Plummer: Was it used about 3,4,or 5 times? Mayor Ferre: Either that or you are going to get a denial here. Mr. Andrews: We used it on 4 (interrupted by Mr. Plummer). Mr. Plummer: Are you sitting there telling me that we have justification for a second one? Mr. Andrews: Yes, I think so with the programs Mr. Plummer: I move to defer and let him furnish me in writ- ing as to the snowmobile. Mayor Ferre: You're going to come up with some answers. Right, Mr. Andrews? A motion to defer item #40 was introduced by Mr. Plummer, seconded by Reverend Gibson and passed and adopted by the fol- lowing vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 7 MAR281974 • 49 AWARD DID - COVE LIGHTING FOR PUBLIC WORKS DEPARTMENT Mr. Plummer: I will move it but where is the Cove Lighting going? In the Public Works Department in their Building/ I'll move it. Mayor Ferre: It is provided in the budget. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-242 A RESOLUTION ACCEPTING THE BID RECEIVED ON MARCH 6, 1974 FROM GRAYBAR ELECTRIC COMPANY IN THE AMOUNT OF $2,364.73, FOR FURNISHING COVE LIGHTING, TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 50, ESTABLISH LEGION PARK FOR A PORTION OF THE APRIL 25, 1974 CITY COMMISSION MEETING Mayor Ferre: Establishment of location outside of City Hall for the City Commission Meeting of April llth. You want to have it at Legion Park, is that right? Mr. Andrews: Yes. I think that would be a good place to hold the first one away from here because it has an audi- torium and everything and you can decide on the llth or the 28th and I suggest it be the 28th. Mayor Ferre: Is there a motion on April 28th at Legion Park? Mr. Andrews: Half a day, Mr. Mayor. Half here and half there. Mayor Ferre: In other words the break. That's right, we're going to go after we break for lunch. If you recall, that was something we voted on. The idea was that we were going to start moving some of these Commission Meetings around the community so that different neighborhoods could partici- pate. The following resolution was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-243 A MOTION ESTABLISHING LEGION PARK AS A LOCATION OUTSIDE OF CITY HALL FOR THE CITY COMMISSION MEETING OF APRIL 25, 1974. 7 MAR 2 81974 . 41/ Upon being seconded by Mt Reboso the motion Wall passed and adopted by the following vote Alet81 Mrs. Gordon, Mr. Plummer* Mr. Reboso, Reverend Gibson and Mayor Petro. 20202 None. 51. APPROPRIATE $22,240 FOR DEMOLITION OF COCONUT GROVE INCINERATOR SIALLEZ Mr. Plummer: I would like the priviledge of moving b. Mayor Ferre: 42.b. by Commissioner Plummer, is there a sec- ond? That's on that incinerator. Mr. Plummer: And Mr. Mayor, for the record, let it reflect th that that demolishion will be tomorrow morning on site at 10:00. Mr. Andrews: No, 11 O'clock now, it has been changed. We have a little notice that should be distributed to you. It is 11 O'clock now. We have been informed by the contractor that he has had some problems. Mr. Lloyd: This is an ordinance, remember and it is an emer- gency ordinance so the title will have to be read and passed twice. Mayor Ferre: All right. An ordinance entitled: AN ORDINANCE APPROPRIATING $22,240 FROM THE GENERAL FUND --FUND BALANCE FOR PAYMENT FOR THE DEMOLISHMENT OF THE COCONUT GROVE INCINERATOR STACK AND RELATED ENGINEERING AND SPECIAL TEST- ING COSTS; SAID FUNDS TO BE MADE AVAILABLE FROM SETTLEMENT OF THE CLAIM OF CITY OF MIAMI VS. KONONOFF, SMITH, FAY, SPOFFORD, AND THORNDIKE IN THE AMOUNT OF $60,000 AS AUTHORIZED BY RES- OLUTION NO. 74-17; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND BY A FOUR -FIFTHS VOTE OF THE MEMBERS OF THE CITY COMMISSION, DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS. was introduced by Mr. Plummer and seconded by Mr. Reboso for adoption as an emergency measure and dispensing with the re- quirement of reading same on two separate days, which was agreed to by the following vote -AYES: Mr. Plummer, Mr. Reboso, 8u MAR 2 81974 Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOESt None. Whereupon the eomsniesit n, On !t tion Of Mr. Plummer, seconded by Mr. Retook), adopted said Ordinance by the following vote AYES: Mr. Plummer, Mr. Reboot), Reverend Gibson, Mrs. Gordon and Mayor yerre. NOES: Hone. SAID-ORDINANCt WAS DESIGNATED ORDINANCE NO. 8241. Mr, Lloyd: Let the record reflect each Commissioner has re- ceived a copy of this ordinance and copies are available to the public. 52, AWARD BID - RENOVATE DOWNTOWN MIAMI STREETS Mayor Ferre: On 42.c., I feel that is going to be a little discussion. Mr. Andrews: Why is that, Mr. Mayor? I will be glad to explain it any way you wish. This will take into consider- ation all the streets.... Mayor Ferre: Is this the one that picks up all the pavement and re -does it all again? Mr. Andrews: Yes. Mayor Ferre: Does everybody understand what this is? Is t there any questions about it? I think it is a good idea myself. Mr. Plummer: Mr. Mayor, I whole-heartedly concur but Let me tell you what bothers me. I want Public Works to be put on notice that when we do this and we straighten out the streets of downtown Miami, in the future when these cuts have to be made for different purposes that they are more than careful that when the repair jobs are done where our streets today look like a battlefield, that these things are done properly. I am driving down here today to this auditorium and I drove across a bump here at Bayshore Restaurant, Vince, have you been out there? Well, you ought to drive across it. That thing right now is a good 3 to 4 inches below street level and I don't know why they don't have something over that thing. Mayor Ferre: They fixed it today, right? Mr. Plummer: Well they didn't fix it this morning. I just want to put public works on notice that I think that this is something that in the future that when we go and spend $119, 000 that we don't want and we won't appreciate anybody going and chopping this stuff up. Mayor Ferre: Is there a motion on 42.c.? Mr. Plummer: I'll move it, Mr. Mayor. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-244 A RESOLUTION AWARDING THE BID OF UNIVERSAL ROAD PLANER CORPORATION IN THE ESTIMATED AMOUNT OF $119,900 FOR THE HEATER PLANER PAVING PROJECT - 1974; ALLOCATING THE AMOUNT OF $119,900 FROM THE MAR 281974 410 ACCOUNT ENTITLED "HIGHWAY _, BOND FUND" TO COVER THE ESTIMATED CONTRACT cosT; ALLOCATING PROM SAID ACCOUNT THE AMOUNT OP $11, 990 TO COVER TiIE COST OIL PROJECT EXPENSE, ALLOCATING PROM SAID ACCOUNT TtE AMOUNT OF $2, 398 TO COVER THE COST OF INCIDENTAL EXPENSE: AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 53, AUTHORIZE AGREEMENT WITH STEPHEN P, WYNN JFr,ISLATIVE LIASON TO REPRESENT CITY AT THE LEGISLATURE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-245 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH STEPHEN P. WYNN AS LEGISLATIVE LIAISON REPRESENTATIVE TO RE- PRESENT THE CITY BEFORE ALL FLORIDA STATE LEGISLATURE SESSIONS HELD DURING THE TERM OF THIS AGREEMENT AND AUTHORIZING THE PAY- MENT OF $12,000.00 AS A FEE FOR SAID SERVICE, PAYABLE IN FOUR (4) MONTHLY INCREMENTS BEGINNING ON APRIL 1, 1974. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 54, AUTHORIZE AGREEMENT FOR SERVICES OF CITY POLICEMAN TO PERFORM DUTIES WITH THE INSTITUTES POLICE TRAINING PROGRAM Mr. Plummer: Mr. Mayor, you know, I've got to make a question here to the City Manager and maybe to the Chief. You know, we hear all of the time that we are shorthanded of men. Now how can you justify Paul, releasing Police Officers to go out and do teaching when we are so badly in need of Police Officers? Chief, would you address yourself to that please? This is on item #42. Chief Garmire: We have a number of our people who partici- pate as faculty members at the .Criminal. J ustice Institute. This is an arrangement of course and I im sure you are familiar with it where all of the agencies of Dade County are sending 8 MAR 2 81974 4110 their people to be trained as are not expending as much man Justice Institute as we would our academye recruit officers. Actually, we power there in the Criminal be if we were still operating Mr. Plum*ner: Are we talking about maybe 1 or 2 or 3 police officers? Chief Garmire: I think the total permanent assignments are 3. Mr. Plummer: Ok. Chief Garmire: There are in addition to that those people that we send out there for lectures. This is not full time.. Mr. Plummer: Chief, my only question was everytime you appear here and rightfully so, you contend to us that there is a shortage of personnel in the Police Department and my question only addressed itself is, if we do infect have a shortage, do you justify releasing men away from the police work of which they are hired to do this. That is my question. Chief Garmire: This is an integral part of the operation of the department, sir. Mr. Plummer: You justify it, sir? I'll move item 42.e. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-246 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE SOUTHEAST FLORIDA INSTITUTE OF CRIMINAL JUSTICE, MIAMI-DADE COMMUNITY COLLEGE FOR SERVICES OF THE CITY OF MIAMI PERSONNEL TO PERFORM DUTIES IN CONNECTION WITH THE INSTI- TUTE'S POLICE TRAINING PROGRAMS FOR WHICH THE CITY OF MIAMI WILL BE COMPENSATED AS SET FORTH IN THE TERMS OF THE AGREEMENTS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr.Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 55, AUTHORIZE PARTICIPATION OF CITY WITH UNIVERSITY OF MIAMI CENTER FOR URBAN AND REGIONAL STUDIES Mayor Ferre: Who is going to pay for this? Mr. Andrews: This is a grant that the university is receiv- ing and they have chosen the City of Miami to be the study area and the area that will receive the benefit of their findings. Mayor Ferre: All right. The City Manager recommends, is there a motion? Any other questions? 8 MAR 2 81974 41/1 Mr. Flint titer: Mr. Mayor, I was not raising that point. It g says here that this is only for elected. Mayor Ferre: You oan go to school--- (inaudible) Mr. Plufl*ner: No, I am asking hits► if it is still... It says elected decision makers. Several inaudible comments by various members of the Commission. Mr. Plummer: Ok, call the role. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-247 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO PARTICIPATE WITH THE UNIVERSITY OF MIAMI CENTER FOR URBAN AND REGIONAL STUDIES IN A PROGRAM ENTITLED INNOVATION IN COMMUNICATIONS FOR DECISION - MAKING AND POLICY -SETTING: EXPERIMENT AND DEMONSTRATION FOR THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 56, AWARD BID - FERTILIZER The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-248 A RESOLUTION ACCEPTING THE COMPETITIVE BID RECEIVED FROM ATLANTIC FERTILIZER COMPANY FOR 8-12-6 FORMULA FERTILIZER AND ATLANTIC FERTIL- IZER COMPANY FOR 4-8-4 FERTILIZER, TOTAL COST OF $10,634.56. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 84 Q TAR 28'1�'r 4 • • 57, PROGRESS REPORT- DR, JETHRO W. TOOMER & JOSEFINA SANCHEZ PANDO ADMtNtSTRATIYE ASS i$ AN S FOR ItRS dNEL Mayor Ferre: Take up item $14, Dr. Jethro Toomer and Dr. Josefina Sanchez Panda, will you please step forward. I assume all of you are here on the Coconut Grove matter, is that right, most of you? Raise your hands. Are there any objectors. There are none. All right. (Protests by members of the audience) No... Mrs. Gordon: Is there anybody who wants to keep it the way it is? Mayor Ferre: You are contradicting yourself. Hey, Lady. We are going to pass this in a little while just the way you want. I want to see if there is anybody that feels differ- ently than you. Do you understand? This is a democracy and we've got to let people have their say. At 4 O'clock we'll take you up, so you just keep still now and be patient. Let's keep order in here now. All right, Doctor. Dr. Jethro Toomer: Mr. Mayor, before we begin we have some copies we would like to distribute to the members of the Com- mission. Mayor Ferre: All right, go right ahead. Doctor and Doctor, I want to say that at 4 O'clock which is 10 minutes from now I am going to interrupt you to pass this other item so that these other people can go on home cause I think it will take 5 minutes to do it, alright? And then you can proceed. I just want to warn you now that in 10 minutes. The trouble is that it is advertised at 4 O'clock and it is 10 minutes til 4 but I think that all of these people want to go home as soon as this thing is over and I think it is only going to take about 5 minutes. Go ahead. Dr. Toomer: I think I can begin by giving the Mayor and mem- bers of the Commission ... Mr. Plummer: Excuse me, I was out of the room. Are you speak- ing for or opposed? Mayor Ferre: This is Dr. Sanchez and Dr. Toomer. This is item 14. Mr..Plummer: When I walked out of the room you were talking about the Coconut Grove thing. No, I didn't have this memo, somebody has just put it here. Dr. Toomer: I'll begin along with Doctor Sanchez giving the Mayor and members of the Commission some idea of some of the kinds of activities we have been involved in. Some of the kinds of activities that we have been involved in since be- coming a part of the office of the Civil Service Board and because of the set up in... Mayor Ferre: Doctor, excuse me for interrupting because I am afraid somebody may have misunderstood. This has nothing to do with Coconut Grove, Ok? This is item 14. It has noth- ing to do with what you are here for so don't get all excited now. This is item 14 on the agenda. Go ahead, Doctor. 8� MAR 2 81974 • • Dr. 'boomer: I am going to begin by giving some input, some ideas to some of the kinds of activities that Dr. Sanchez and myself have been engaged in since becoming a part of the Office of the Civil Service Board. First of all in terms of our initial intervention into that particular system. We be- gan by first of all, t did specifically, by being introduced to the entire setup and begining by looking at or reviewing the resource material that was utilized in compiling the pro- motional examinations used for policemen. That involved using the information that is given to individuals desirous of tak- ing the exam in terms of the resources, books, manuals and these kinds of things that are used. Looking at those to see if I could discern whether or not these sources contained any information, whether they were slanted in a particular direc- tion that would tend to eliminate or tend to systematically eliminate, or would tend to be biased towards any particular member of a minority group or any particular group whatsoever. This is what I did in the first couple of days that I was in- volved in the Civil Service System. I began looking at these resources that was suggested in terms of study material, pro- motional exams and reported in terms of what I saw as being problems, positive aspects with regard to that particular function. At this point I can turn it over to Dr. Sanchez and she can... Mayor Ferre: Dr. Sanchez. Dr. Sanchez: I took the work as a full time person because Dr. Toomer has other business in college so I am really work- ing 40 hours a week there and I have delft with more specific things. The first thing that I received from the hands of Mr. Paulk was the entrance examination to the police that had been used for a couple of years and was told to do whatever I want- ed with it, to review it. The first thing I did was to become a testee and try to put myself in the position of those who were going to take the test; timing me, taking the test my- self and correcting the test. In so doing, I found 4 major errors in these scoring keys that had been used since Decem- ber 1964 to correct every police examination that had taken place in the City of Miami, and here are the scoring keys. Mayor Ferre: What? Are you sure of that? Dr. Sanchez: Exhibit one. Mayor Ferre: Mr. Andrews, are you aware of this? Mr. Andrews: No, sir. Mayor Ferre: Chief, are you aware of this? Chief Garmire: No, sir. Mayor Ferre: You mean to tell me that for 10 years we have been giving out examinations with mistakes in the scoring that are part of the examination procedure? Now, I tell you, that is unbelievable. Dr. Sanchez: Errors signed and initialed. Mayor Ferre: Dr. Sanchez, you have reviewed this I assume to make sure of the voracity of the statement that you are making because I hope you recognize... Dr. Sanchez: I am handing them to you, sir. MAR 2 81974 4P/ , Mayor Parke: I hope yru recognize the impact of what you are baying here today. Dr. Sanchez: Yea, sir. The vocabulary an error. spelling section #157, there each. In the thought problems, probieM section #71, there is is an error- at a point 210...... Mayor Ferre: Now wait a moment. Before we get into details of this I want Mr. Andrews to hear this. Do you believe that? Dr. Sanchez: You've got the keys infront of you. Mayor Ferre: Listen, at 4' O'clock you see why we have to take this up at 4:00, Doctor? Mr. Plummer: Mr. Mayor, I would suggest to you just on the explosion that just occured that we don't go any further with this, we take a 4 minute break so that once we start into this we can go through it complete. I think in all fairness.. Mayor Ferre: Before we do that I want to make a little state- ment about this because I tell you, I want to just say on the record right now at this moment, right in the beginning that this is absclutely unbelievable and inconceivable that we could go on for 10 years with how many mistakes did you say? Dr. Sanchez: The year is right there on the folder, December, read the date. Mayor Ferre: How many mistakes? Dr. Sanchez: Four mistakes at a value of 12 points. Mayor Ferre: And how many points does someone need to grad- uate or pass this exam? Dr. Sanchez: It takes any kind of number according ... Mayor Ferre: Well, let's say a policeman. Let's take a policeman. Dr. Sanchez: Everytiine it has been given a different percent- ile range was used according to the findings of the group that had been used.... Mayor Ferre: Is it 100 points or 300 points as an average? Dr. Sanchez: Somewhere around 400 points and since that is a hard number to manage you turn it down to percentiles and then you go from anywhere Mayor Ferre: Is Bobby Faulk around here? Mr. Reboso: Are there people that failed that actually passed? Mayor Ferre: I would like to know in the next couple of weeks how many people over the last 10 years have failed this exam by 12 points. Dr. Sanchez: Do I have access to the records, because I have not been given access to many things. Mayor Ferre: Let's ask Mr. Faulk that. Mr. Plummer: Mr. Mayor, I appreciate your concern and it is my concern and everyone else's here but we have about 300 8 MAR 2 81974 40 58, IIBI4CRUNGto DADS COUNTY CO(TIUNITY IMPROVEMENT PROGRAM T Cornet X GRQVE Ate► Mayor Ferrel We 'gad, just to give you a little history on this, we had a public hearing, which was unofficial, --- listen to me, now, I asked for Mr. Paisley, and for other members of Metro show up at St. Stephen's Church and this matter was discussed. At that time, Commissioner Rose Gordon, wanted us to move on the matter right then and there, then bring it to the Commission for action here. We could not do that, and Commissioner Plummer offered another motion which was that a public hearing be held, which is what we are doing today. The reason why you have to have public hearings is because this is a matter of grave importance that affects many, many people. All of you, ---most of you anyway, feel one way. Mrs. Bettner7--I am going to recognize her in a moment, ---now, if there are no opponents to what Mrs. Bettner wants to my, which is what you are all here for, then we are probably going to pass this resolution in a matter of minutes without any discussion. If there are opponents start doing this, then we are going to have to have an open discussion, which I hope we can avoid. I am going to recognize J.L. Plummer to explain it in more detail, then I am going to recognize Commissioner Rose Gordon to make some comments and then I am going to see if there are any opponents, then I am going to recognize Elizabeth Bettner, and then we are going to vote on it, hopefully, unless there are some opponents who want to have a public hearing. Mr. Plummer: Mr. Mayor, at the last meeting, I offered the services of the City Attorney for Mrs. Bettner and the other people so that at this legal public hearing that if there were no objectors, that a resolution could be ready a nd prepared. The people who gave input, and I would like to thank Elizabeth Bettner, John Shupe, St. Hugh Senior Citizens and the Coconut Grove Citizens league, put in -put in the draft, ---- Mayor Ferre: Ralph, where is Ralph? Mr. Plummer: He is not on this list Mr. Mayor, Mayor Ferre: He is the guy that started this whole thing off by calling me, Mr. Plummer: I am saying, the input for this resolution. If there are no objectors, the fesolution goes into great depth, but this is the body of the resolution, 'A resolution objecting to the inclusion in Dade County's community involve- ment program of portions of Coconut Grove, not included in existing neighborhood development programs, initiating immed- iate action by contacting the appropriate County authorities and requesting that the boundary lines remain the same.' That is what was oonsidered by the representatives of your group, it goes on in more detail in pages 1, 2 and 3, the sum and substance of this resolution is that unless someone has the fortitude to stand up and speak against this balcony of people, this is the resolution that this City Commission will forward to Metropolitan Dade County stating in these terms which I have just read that in no uncertain terms, we object to the problems that are existing with the proposed development in Coconut Grove. I hate to steal a lot of people's thunder, but I think this says everything that needs to be said, and I think Mr. Mayor, that to shorten this hearing, it would be best that if we hear 8:) MAR 281974 anyone who would like to speak for this proposal that they do that and if not, Mr. Mayor, I am then ready to move this. Mrs. Gordon: 1 don't mind if Mr. Plummer makes the motion, --owe are all in favor of accomplishing a goal, but we will not accomplish a goal, unless all of us join hands together and appear before the County Commission because it is their jurisdiction and their decision to remove this from the C.I.P. I will volunteer as a committee of one,with whoever else wants to go to appear there when this resolution hits them. Mayor Ferre: Rose, we are all just as interested in this as you, --- Mrs. Gordon: Mr. Mayor ,I am not cutting you off, I am simply making a statement of fact. I am offering myself as a committee of one to go with the rest of the people and appear before the County Commission. (applause) Mrs. Gordon: If Mr. Plummer wants to move the motion, I'll be delighted to second it. Mr. Plummer: Mr. Mayor, before I make, ----before I think any motion would be in order, I think this is a public hearing and we give the opportunity to anyone who wants to epeak in favor of this proposal, the opportunity to do so. Is there anyone in this room that wishes to speak for the proposal. Rev. Gibson: J.L. you had better say 'in' and 'out' ---- Mr. Plummer: Is there anyone within the hearing of my voice who wishes to speak in favor of the community program that has been proffered by Metropolitan Dade County . Before i make the motion, Mr. City Attorney, answer me one other question, is it not possible,that if this program was going to be adopted, that the City Attorney's office of this City, acting in behalf of the constituents in Coconut Grove, was well within your purview to file a law suit repre- senting these people to stop such an action? Mr. Lloyd, City Attorney: Yes, provided that the Commission of the City of Miami, was included in as a plantiff on behalf of Mr. Plummer: I am not going to include that in the motion, but I think it is going to drift back to somebody that that's .hat the intent, ---- Mayor Ferre: Let me be sure, is there anybody here that is in opposition to the motion that is being made by Commissioner Plummer, in effect,request the County Commission to remove this part of Coconut Grove from the Neighborhood Dev. Program, ---- from the C.I.P. Is there any body here who feels differently, a nd wants to speak? Any further discussion on this item? Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: 9u MAR281974 RESOLUTION NO. 14-249 A RESOLUTION OB TECTING TO THE INCLUSION IN DADE COUNm'Y's COMMUNITY IMPROVEMENT PROGRAM OP PORTIONS OP COCONUT GROVE NOT INCLUDED IN EXISTING NEIGHBORHOOD DEVELOPMENT PROGRAMS INITIATING IMMEDIATE ACTION BY CONTACTING THE APPROPRIATE COUNTY AUTHORITIES AND RE- QUESTING THAT BOUNDARY LINTS REMAIN THE SAME (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon b eing seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Ladies and gentlemen, I want to tell you, this is the way we do these things, with public hearings. I hope you understand why it is taking so long. We have to do it this way. Mr. Plummer: No one can now come back at another time and say they were not given the opportunity to be heard. No one. Mayor Ferre: We publicly advertised this, everybody had ample opportunity, we won't have a law suit, or somebody coming here in a year or two and saying, you didn't give us an opportunity to speak. Mr. Plummer: I want one other thing Mr. Mayor. Mr. Mayor, one of the greatest concerns,and I think that the questions that have been asked of me, and you know I was always brought up on the premise that a man's home was his castle, some of these people have been given the impression that there is a manner in which their home individually or singly could be taken away from them. I think Mr. Mayor these people have a eight to have an answer. I don't think there is any way in God's green earth it can be done, but some people have inferred it, and I think, Mr. City Attorney, it behooves you to give a report back to this Commission, either there is a legal way of doing it, or there is not a legal way. I would hate to think that there is any way, that any government, or anyone else that can come and take my home away from me, and do it over, and give it to someone else. I don't think that is possible. I am hoping you will clarify that without question, so these people will be able to sleep at night and so will I, and sleep a little bit better, because I think I know what the answer is, and I can I just ask that of you, and you will come back on the llth and give us an answer? Mr. Lloyd: The request has been duly made and duly accepted by me, and I am making a note of it now. Mayor Ferre: Is there anybody here from Metro? Mr. Paisley, I hope you have seen what the will of this community is, what the will of this City and Commission is, and I am going to add my voice to that of Rose Gordon, and I am going to be there before the Metro Commission expressing the same opinion that has been expressed here. Thank you very much. 9i MAR 2 81974 Mrs. Gordon: Mr. Paisley. when do you think this will appear before your commissioners? Inaudible reply from unidentified person. Mrs. Gordon: Mr. Paisley, will you make a recommendation bo your commission that this come up on the next possible public hearing? Mr. Paisley: I'll see what I can do. Mayor Ferre: Mr. Paisley, I'd also like to ask, would you contact my office personally, or have your secretary make sure that I know when the hearing is scheduled? I will inform the Commission and we will try to disseminate this as much as much as we can in the community. I think if I call Elizabeth Bettner, in about 20 minutes at least 500 people will know about it. (applause) Mayor Ferre: I would be very grateful if you would say very quickly what you have to say. Mrs. Elizabeth Bettner: First of al I want to thank all of you for being so good to us. I think you have guided us along the right lines, and I want to thank all the people who have come here. This is their home, and that is why they are here, and they know that you are going to stand with them. We thank you all for coming, and I know you are all with us. Thank you. Mayor Ferre: Ralph Aaron wasn't here before, but I recognize you saying,you are the one that started this whole thing, by bringing it to the attention to everyone here. Mr. Ralph Aaron: I'd like to point out several things here quickly. First of all, I feel there is a need, as I said at the prior meeting, that the Planning Department of the City of Miami, take on the responsibility and the role, as part of its work_program to monitor plans that are above our level of government to make sure that we don't have to find out these things ourselves, to protect ourselves. That is the first item. (applause) Mr. Aaron : Second I would like to answer Commissioner Plummer, in regards to urban renewal programs that are federally financed by loans and grants, let me.assure you sir, from my personal experience that I have seen good homes taken within urban renewal project areas which are now called Neighborhood Dev. Project Areas and after 1975 may be called by a new federal government label, and these good homes have taken to round project planning purposes, and good homes have been taken for purposes of the urban renewal objectives of specific project areas, and I could give you exmaples of these in other communities, so yes, private homes can be taken and even on a spot basis sir, and I think you can have this verified by a letter to the department of housing and urban development in Washington. (applause) MAR281974 Mr. baron: And lastly, I'd like to point out one more• thing. The demonstration of the attendance here and the fact that we have the support of both Mack and White folk, and the fact that we do have this kind of reaction to a threat and this kind of civic mindedness and enlightened citizenry, proves to everyone in this Metropolitan area that Coconut Grove takes the lead in everything. (applause) Mayor Ferre: Thank you very much ladies and gentlemen. Mr. City Clerk, let the record reflect that Mrs. Bettner has told us there are 600 people present here today. 59, PROGRESS REPORT -DR, JETHRO,W, TOOMER 8 JOSEFINA SANCHEZ PANDO ADMINISTRATIVE ASSISTANTS FOR PERSONNEL - (CONTINUED) -Mayor Ferre: Dr. Sanchez, before you. continue, I thought we were going to be able to do this a lot quicker. It took 25 minutes. I have to catch a plane at 5:05, and I have to excuse myself in a moment and I want to make this statement. I have read this report you have handed to us. Dr. Josefina Sanchez: Do you want to postpone this? Mayor Ferre: No, that is what I am getting to. I have read this report and b think this is such a serious matter, and such serious consequences, I would like to hand you a copy of these reports that were given to me, because this falls in your purview, and this report, and I certain think it is important enough that you delve into this matter immediately and that we call a special commission meeting to discuss this whole matter. I want to point out along with Commissioner Plummer, what he said, that i certainly do not want to, intend to, or will stand for, seeing that you personally are in any way blamed for something which is just coming out at this point, but it is obviously a matter of very, very serious consequence, and the implications of this report are pretty serious. I am going to recognize Dr. Sanchez in a moment, and I am going to respectfully request, ----I am going to turn this meeting over to the Vice Mayor, because I'll be leaving a few minutes, I think my fellow commissioners, that this is a serious enough matter that as soon as possible we ought to have a real rap session on it, and have a full-fledged hearing and discussion. I think in deference to the Civil Service Board, that this matter, you have an opportunity to loop: into these things and come back with some kind of report. Mr. Plummer: You are leaving, ---I think this is serious enough, Mr. Andrews, we are only going to be hearing one side of the story today, and that's these fine people who have come before us, and I think Mt. Mayor if it is possible, ---Mr. Andrews, on the 18th when we are meeting, is it possible that we could include this item as a third item of the day, have we sufficient time? I very strongly object to acueations, rightly or wrongly that are going to be made here today, without having the people who are involved, have the right to hear and rebut if it is possible. I just think we should have all people at the same time here. The purpose of this meeting today, and Mr. Mayor, and 9 MAR 281974 Mr. Reboso, you correct sire if I am wrong, the purpose of these tWo people appearing here today was to be itt roduced to this commission, and that was the only, Mayor Ferre: That was not the purpose, no sir, they were asked to come here and give us the report. Mr. Plummer: Mr. Mayor, I must say to you, someone was derelict in not inviting the Civil Service Board to be here. I think it is only right that when you have something such as this, that both parties should be heard from, and to let her go on from this point further, without them being here to defend, or take the admonishment if it is rightfully so, I think it is wrong. I would like to defer this Mr. Mayor until the 18th of April when all parties can be here, all parties can sit down with us and thrash this thing out, and I think it only fair we don't continue this until all parties have the right to be here. I'll offer a motion such as that. Mayor Ferre: I am going to excuse myself, I am turning the gavel over to Mr. Reboso, Vice Mayor at this point. I appologize to you for having to do this, I have a long standing commitment where I must be in New York at 8:30 tomorrow morning, and there is no other way for me to get there. Rev. Gibson: Mr. Mayor, ----Mr. Vice Mayor, I feel about this matter as I did about the Booz Allen report. I think that the best interest of this City can be served if our team of educators over there, and the Civil Service Board and all the other people responsible are over there. I think it is only fair because they may have some explanations that we'need to hear, but I do want to say this. It is indefensible that you could be making an error for 10 years and not discover it. All I am saying is, I want to, out of fairness to all, ----by the way, in addition, just like I said, the Civil Service Board, and the others should be given an opportunity to write a critique. I think this report ought to 'be turned over and have Mr. Paulk and the rest of them react. One thing is sure, if you realize that your professional standing is on the line, so it has to be right. Mr. Paulk, if you come up here responding to this, and you don't have some good reasons, you know what I am going to be linking, don't you? I suggest, Mr. Vice Mayor, that we treat this just like we are going to do the Booz Allen report, and everybody will have the equal opportunity. J.L., I want to second the motion with that in mind. Dr. Josefina Sanchez Pando: I wanted to say. that when I started stating the first thing that caused this commotion, and this explosion, I in no moment had in mind anything personal to Mr. Robert Paulk who has been the one person in the Civil Service Department who is a complete and total gentleman with irreproachable procedures there equal to none, such a thing I cannot say of the other employees. This is nothing direct against him. He has done nothing but help us, in his capacity at what he has been able to do, but what he is not responsible for, the consultant material available,being one dictionary of 1902. He is not the Civil Service Board, he is not the person responsible for something that happened 10 years ago, but boy in 10 years, with a whole staff of persons serving, having one form of a test, and only one given out during 10 consecutive years. 94 MAR 2 81974 Mr. Plummer: Mr. Vice Mayor, I am going to have to interrupt, I am sorry. I don't think, once again, it is fair to hear from one or the other. If the fire Doctor ie making an accusation separate from this, I think we can correct that. I would like at this time to move that this matter be deferred until April 18, where there are two items scheduled and this will be the third item, and Mr. City Manager it is going to be up to you sir, to invite all parties here who should be heard. I would assume most of them will be here on the Booz Allen anyhow. Mr. Andrews: I think what I'd better do with the permission of the Commission is, we had this structured so we would have one meeting from 9 to 12 and the 2nd meeting from 2 o'clock in the afternoon until whenever it ended. I'll restructure that and get the three subjects in, issue a new memorandum and tell everyone that is involved in all three of the meetings including now what you are formulating,---- Vice-Mayor Reboso: Is it possible to have this meeting before any of the other ones? Mr. Plummer: Sure let's have it at 9:00 o'clock. Let me ask the two important people, are you both available for the 18th? Dr. Sanchez Pando: I am available 48 hours a week. Mr. Plummer: I move, Mr. Vice Mayor that this matter be heard at 9 R.M. on April 18th, and all parties involved be invited to attend and to participate. I want that in the form of a motion. Dr. Jethro W. Toomer: I just want to make one statement in response to Mr. Plummer and it is really a question of semantics, the vdlole notion of accusations. I think in terms of our being here, we are here to report on our activities since being at the Civil Service Board and in terms of what we are doing, we are stating things as they are at present. Mr. Plummer: Fine. But the usual customary procedure before this Commission has always been that any reports are submitted in writing to us five days prior to the meeting, and I think that has always been a good policy, so this Commission can sit back and study your report and then act intelligently at the meeting. I recommend that to you now, that 5 days prior to the meeting on the 18th, you surrender to this Commission, in written form, a report of what the things in the items you will be discussing on the 18th so we, the Commission, can sit back and analyze and digest and formulate our opinions, our questions and ideas. Is this your report? Mrs.Sanchez Pando: That is the report. May I ask you a question? Mr. Plummer: Sure. Dr.. Sanchez Pando: Today is Thursday, due to the report, where should I report tomorrow morning to work and at what time, because I sincerely feel extremely pressured to report back to room 8, at the Civil Service, second floor, first building, 3318 Pan American Drive. 9 MAR 2 81974 Mr. Plum Mex t 1 think I'll be able to take cage of thle in another motion. Thereupon the following motion Was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-250 A MOTION TO DEFER UNTIL 9 A.M. APRIL 18, 1974, THE PROGRESS REPORT BY DR. JETHRO W. TOOMER AND DR. JOSEFINA SANCHEZ PANDO, ADMINISTRATIVE ASSISTANTS FOR PERSONNEL Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, and Vice -Mayor Reboso. NOES: None. (Mayor Ferre absent.) Mr. Plummer: Mr. Mayor, I am prepared if it is necessary, to protect these people, ----not really to protect them , but give them the latitude of which they need. These two people were chosen by this Commission to go in and assist , study, review, examine, and every aspect of Civil Service procedures. Is that correct Mr. Andrews? All right, sir. If it needs to be, this holds full authority, at any time, in which to form a committee of this Commission, giving it full power and authority to investigate any and all matter as they relate to the City, and that Committee of this Commission can delegate these two people as our representatives to come into the Civil Service Board and do the job that.needs to be done. I was hopeful that that would not be necessary, but if it is, I wouldn't hesitate to make such a motion. Mr.Andrews, you have heard the concern of this lady, ---- Dr. Sanchez-Pando: If you see the paper I handed you, the last page is hand-written. Would you look at it please? It was the last memo, #3 that I submitted to Mr. Paulk and and I was denied to have it typed. tt could be taken care of verbally, and I said no, I want it typed, and we discussed it verbally, and that is my original which I hold within this, ---now if I need to be protected, I need be given every right to open every drawer and examine every bit of paper there, and I am now saying, that five days ago, my desk was ransacked, and the work that Dr. Toomer and I had prepared to hand to this Commission, was somehow, somewhere by some accident, lost, and we had to go again and re -do everything we had done. Vice - Mr. Robert Paulk: Mr. Mayor, if I may respond, because frankly this is getting out of hand. There was no attempt at all to disregard, destroy, remove anything with reference to a report that was to be submitted to this City Commission. I was in attendance on the day, --on the occasion that Mrs. Sanchez's desk was gone through. I don't even like to talk about this, but it had to do with No. 1, an adjusted examination the police officer examination. There were some S0 of the answer sheets at 5 o'clock, that were missing, and we could not leave them out if it were at all possible, and we stayed for well over a half hour in the afternoon, Mr. Yates, .4r. Ryan and myself, in an effort to find those things which Mrs. Sanchez had worked on, to do an item analysis on, and we did not find them. They had been picked up erroneously, we had gone not only through Mrs. Sanchez's desk, we had gone through other person's desks to find those things. She 9U MAR 281974 did tell me the following morning that certain materials were missing from her desk, cards and etc. They were not t akeh by Mr. 'Yates, Mr. Ryan or myself, and those were the only three that were present. don't like to discuss the fact that some examination papers were missing. That doesn't sound good. To begin with, this is a report to evaluate what Mrs. Sanchez and br. Toomer have been doing in so far as adjusting the police officer examination with reference to the elimination of any cultural bias, insofar as the language existing within the examination. In so doing, Mrs. Sanchez pointed out to me that there was an error in the former examination. I said very good, Mrs. Sanchez, correct it, that is exactly what we want you and Dr. Toomer to do. She found several answers that were keyed wrong. In one instance there was a mathematical example, or question in which two answers had been utilized, because the question had been challenged on some prior occasion, in which case both answers were permitted, either way. 1 do not say that was the proper thing to have done. I had no knowledge of it, but it was done, and anyone who answered any one of the answers was correct. The question involving that particular question had to do with the language barrier, I believe, is my understanding, which Mrs. Sahchez found to be, ---she could have answered it another way, and apparently that was something of the situation when it was challenged some years before. I don't know how long before. I will not shirk my responsibility and say it is the responsibility of the Civil Service Board to prepare these examinations. It is my responsibility as the Executive Secretary to that Civil Service Board to carry forth the message, Mr. Plummer: Bobby, I appreciate your remarks, I really do, but I don't want this to get in to anything today until all parties have the right to be here. I understand there has been no accusation, ----she made that very clear against you. Mr. Paulk: I understand that, I want to go further Commissioner Plummer and say that she has nothing to fear from me. Mr. Plummer: That is not the point. Mr. Paulk:She is working for me, and that office under Mr. Andrews, and she has nothing to fear. Mr. Plummer: Bobby, the woman has expressed fear. I am not argueing with her or with you, but she has expressed it. Am I correct? Mrs. Sanchez: Correct. Mr. Plummer: You fear for your safety if you go back? Mrs. Sanchez: I fear for the attitude being given prior to this meeting by certain employees there. How am I going to be treated tomorrow. I have been morally insulted several times, and that is right there. Am I suppose to expect a physical beating tomorrow? Mr. Plummer: I don't think so. Mrs. Sanchez: I don't think so after this oral discussion in public, but had this not been through, I certainly would have been afraid of all of, ----and I am groping for the correct 9 r MAR 2 81974 word for this is going on record. Of the perhaps,----un- advertent, cultural,ephnic, and all sorts of insults that people are submitted by different employees there, X am a professional and I am a woman, and I have been disregarded more than one time,except by Mr. Paulk, who is a perfect gentleman, ---that I cannot say for other people there. Mr. Pluminer: Mr. Andrews if you don't have a suggestion, I do. Mrs. Sanchez: I even, sir, took my books and my belongings and have it in my car as of now, and I said goodbye to Harriet, the lady with whom I worked, because I was really afraid to go back tbmorrow. Mr. Plummer: Mr. Andrews, I will recommend this, if it is agreeable with you, and the rest of the Commission, that this lady and the gentleman, be afforded desk space here within City Hall, and that anytime they wish to go to the Civil Service office and secure any documents or records, that you will personally furnish them with an escort to go down and secure same, and bring back to here at City Hall, now, would that take care of what needs to be taken care of? Mrs.Sanchez: Yes, and could you add something else to it? Rev. Gibson: I don't think we ought to do that. I think we ought to say to the employees of this City, you behave yourself, or do the other thing, resign. It is just that simple. You mean on City property, and City office, we have to have an escort? (applause) Rev. Gibson: When that may not be there. I think under terms of is that right? we do that,we are acknowledging something I think Mr. Andrews, City Manager, and the Charter, everybody is under you, Mr. Andrews: They are from the Civil S ervice standpoint. Mr. Plummer: No, not Mr. Paulk, and not the Board members. Rev. Gibson: Everybody else is under you, is that right? All these people who work for the City? Mr. Andrews: That is right. Rev. Gibson: What I am saying is, as a Commissioner, I would likefor you, forth with, to see to it, that the very best conduct is carried on in the handling of the City business, and they represent us. I think that is what we ought to do, --the escort, I am not going to buy that, I just feel that if they don',t want to behave, ---this is what you would do with me if were not a commissioner, you'd put me in jail, wouldn't you? All right. I think we ought to set the tone, we expect everybody who works for the City to carry out in the in workman -like fashion. We expect everybody to be on his or her best conduct. MAR 2 81974 0 Mrs. Sanchez: Mr.piummer, may 1 address him sir? Mr. plUMMer s Yea. Mrs. Sanchez: 1 think you very much for you offering both desk spare to work here, but I would also like to request something. 1 really would like to remain there, being respected. I would like to address the Commission, for the benefit of everybody, if there is nothing to fear, if there is nothing been done wrong, if everything is true, and everything is real, stop the Spring cleaning, ---there were `.boxes of papers suddenly incinerated, that day, in which my papers disappeared from my desk, and I was so informed when I came into my office, and saw boxes and boxes, full of papers, ----oh, Spring cleaning? --'no, these are old tests that are no longer relevant, because these are things that have been taken over by Metro, like the library, and other things, that we no longer need, so we are destroying all of those materials.' If there is going to be an inquiry, an investigation, any kind,--i am again excusing myself for the lack of words, the correct word, --let the Commission, if it is within its power, stop incinerating any other piece of paper from the Civil Service office, whether it is just an internal memo from Mary -to Sue, asking for a cup of coffee. Mr. Paulk: Mr. Vice Mayor, if I may, whenever examinations are to be disposed of, they are not simply thrown in the trash can. These tests, material, are the same things that are used in many instances by Dade County and they must be disposed of in such a manner they will not be uncovered where ever they may be. I understand Mrs. Sanchez's concern, perhaps something of hers was incinerated. I assure it was not done, and if was, it was by accident. Test material must be disposed of properly -and it is done so at the incinerator, and not simply thrown in the big bin, --it is done immediately in the fire. Mr. Plummer: Let's call a spade a spade. That is not her concern. Her concern is that something is being thrown out so she can't delve into it. That is the inference, --- Mrs. Sanchez: That is not inference, it is a correct statement. Vice Mayor Reboso: We have already passed a resolution, deferring this item until April 18, so what do you recommend, -- regarding Dr. Sahcnez? Mr. Andrews; If she is willing to return to the Civil Service office, I certainly, personally with Mr. Paulk make known to every employee in the Civil Service office, the feelings of the City Commission as to the role of Dr. Toomer and Mrs. Sanchez, and what their mission is in the Civil Service Office. Rev. Gibson:Mr. Manager, I heard you, but I wanted to have something else. I would hope Mr. Manager that tomorrow morning, ---what time do you come to, work? Unidentified person: 8 o'clock, ---- Rev. Gibson: --that you would personally escort her there and make our wishes known. Mr. Andrews: Mr. Faulk and I both will do that. Mr. planer: Since we don't meet again until the llth. I don't know that you need the authority, but if that tomorrow is not sufficient that we have you assurance that both of these people will be afforded space in the City Hall so they can still continue the work they need to do so when we air all this on the 18th, we can still have them working as they need to work. Mr. Andrews: May I put it this way, ----what you are saying is, if they feel they are being ineffective by r emaining'there, conducting their activity of inquiry a nd examination, and looking at the records, that that is ineffective under that arrangement, some other arrange- ment will be made. Mr. Plummer: Let's use another word, rather than ineffective, let's call it, 'interferred with', • Rev. Gibson: Mr. Vice -Mayor I am not going to buy that terminology. Mr. Andrews: I am•going to use ineffective. Rev. Gibson: Let me make sure everybody understands the sense of what I am saying. I don't think we of this Commission, having taken the positions we have taken, need to move anybody out of one office into another office as a sham and running and ducking. I expect you, Mr. Manager, and I may be there at 8 o'clock in the morning to see whether or not you really go. Let the other people decide they don't want to stay there. Dr, Toomer:If I can just add soriething, I think in another sense, what Dr. Sanchez is saying is simply this, while there may be a commitment in system or organization,' to do certain things at the top, it does not necessarily follow that that commitment filters all the way down, and I think that is the concern of Mrs. Sanchez and that is the concern that has to be addressed. Mrs. Gordon: I think you both made your point very, very clearly, and Mrs. Sanchez, being a woman, I understand you have a double problem as I do, so, -- Mr. Plummer: Here comes women's lib again, Mrs.Sanchez: No, Mr. Plummer it is true unfortunately, I bought myself a couple of dresses to let it be known that I was a woman, and I was not wearing pants, and I wanted to be so respected and looked upon, and in one instance in which I'was very rudely treated by a gentleman, I walked into Mr. Paulk`e office and he was twice the gentleman he always is, and I told him that when I had been interviewed, and he was present, and so was the City Manager, one of the things we discussed that had to be dealt with, was differences in culture, and that I never thought for one instance, that a North American gentleman, is less of a gentleman than a Latin gentleman, but I wanted everybody to look upon me as a lady, --every sense of the word, including dress. Vice Mayor Reboso: Dr. Sanchez, the point is very clear, we have to move ahead, so thank you very much. The item has been deferred. • • PROPOSED RESOLUTION PROVIDING $25,000 FOR FUNDING PILOT PROGRAM DAY CARE: FOR THE FRAIL ELDERLY AT LEGION PARK_ DISCUSSION ONLY --------- Mrs. Gordon: Mr. Vice Mayor, may I move this resolution in response to the motion we passed at the last meeting the reso- lution authorizes the allocation of the sum of $25,000 from Federal Revenue Sharing Funds to provide for a pilot program, Day Care Aid for the frail elderly at Legion Park. Mgr. Plummer: to that resolution, Rose. And calling upon Metropolitain Dade County to match the same funds. Mrs. Gordon: No. This is resolution no. 201A. That is the one I am moving, Mr. Plummer. Mr. Plummer: Rose, as I recall, this also included was the request, not the demand, the request of Metropolitain Dade County to match these funds. Is that correct? Mrs. Gordon: There are two motions. You voted no to this. Mr. Plummer: Oh ok. This motion was denied. Mrs. Gordon: No, it passed. You were the only one that vot- ed against it. The first one was a motion agreeing to allocate the sum of $25,000 from Federal Revenue Sharing Funds to pro- vide for a pilot program of day care aid for the frail elderly at Legion Park. That was passed. Mr. Plummer: That did not. Mrs. Gordon: Then the second resolution, the second motion was made, a motion agreeing to allocate the sum of.... No. It was two separate motions. The second one included the first one and said; and requesting Metropolitain Dade County and/or other agencies to provide and additional $25,000 for a pilot program. Additional. We are talking about the first $25,000 and that is what I am asking now for the resolution confirming it, and I want to point out now at this time as long as you are making this point, Mr. Plummer, that Mr. And- rews, in this government report which was put into the news- papers in July of 1973, or thereabout, specified social ser- vices for aged and poor with $826,378.00 next to that desig- nation, and I consequently say, that if in fact the second resolution that this Commission moved which says with the specific understanding that the City of Miami abandoned its Social Services to Metropolitain Dade County sometime ago and has no intention of reentering the Social Service Field and expects the appropriate agency of the County to administer said program, I therefore say, that this was placed into... Was this advertised? This was an advertised program that you put in. Mr. Andrews: Yes, if you will look at the bottom where I have my signature, you would have the date. That would be approxi- mately the advertising time. Mrs.. Gordon: September 14, 1973, and you put this in the paper, and if this is not what the City intended to do, then there is only one word for it. Mr. Andrews: You know, I think where the confusion is, Mrs. Gordon. If you will look at that, the author of that, and I 144. MAR 2 81974 forgot who did it, and 1 am only assuming, so please bear with Me. That the author of that second portion of the resolution was talking about the fact that we turned over the hospital, that we turned over the functions of the Department of Public Welfare when we turned it over, and I think it was an express- ion relating to many years ago that the City was trying to get Out of the Social Services. Not specifically to that appli- cation for the allocation of those funds, cause I think that's is in place. Mrs. Gordon: I know but what I'm saying is to tell Mr. Plummer that what the second resolution recited on the last Commission meeting was in error and it was in error because we are in the Social Services for Aged and Poor, or else you would not have advertised in tine newspaper that we were. And if you did this fraudulently, and I'm sure you didn't. Mr. Andrews: No ma'am. I can assure you I did not. This is after the fact of the resolution adopted by the Commission and this was not advertised until the Commission adopted it Mrs. Gordon: Exactly that. Therefore, the second motion that was put to this Commission has to be rescinded because it is inaccurate and it must... It has to be rescinded be- cause it is an inaccurate statement of fact. Mr. Plummer: Now enlieu of not having the minutes which is the public record, let me tell you what I recall. I recall the first motion being made by you, then a second motion which was accepted, was not a separate motion but made with the addendum by Father Gibson and concurred with by the Mayor that this is the motion of intent of this Commission. Now, it passed. Mrs. Gordon: That was the second one and the first one pass- ed too. Mr. Plummer: 74-201B passed. Mrs. Gordon: The first one passed without your vote. The second one passed with a 5 vote. Mr. Plummer: And that was the motion that passed. Mrs. Gordon: Both of them passed but one of them was without you, Mr. Plummer. Mr. Plummer: Well you see, Mr. Southern, I think if you pull the tape you will find with the specific understand that the City of Miami abandoned its social service to Metropolitain Dade County as of October 1. Now that's what the Mayor said this year. He also went on to state, the Mayor did that not only did we .... Do you remember thi2 That's right. The Mayor said that we are going to start this program and after October 1 we want the County to fully understand that they are going to have to take this program over. Mrs. Gordon: No, you are talking about something else again. You're talking about next October. Mr. Plummer: I'm talking about this coming October. Mrs. Gordon: This coming, next October. I am speaking about an action that our Manager took in September of 73. Mr. Plummer: I'm not speaking to that at all. 104... MAR 281974. OOP Mrs, dordotz: I'm talking to you and the rest of the ConiMis- sioners passing a resolution which is a misstatement of fact which says that we abandoned our Social Services, on the other hand we advertised in the newspaper that we were granting to the public a social service, Mr. Plummer: The mayor stated very clearly to me, and I heard it and that is what I Voted on. Mrs. Gordon: I'm helping you out of a tough situation because these two things contradict each other. The Federal Govern- ment would be most interested in this. Mr. Plummer: Let's go to the tapes because the Mayor's statement was very clear to me that as of October 1, Metro- politain Dade County was going to have to assume their re- sponsibilities and take this over. Mrs. Gordon: Next October you are speaking of, and I am speaking of two occurences that -have taken place. I rec- ommend that we do something about it because there are in- equities here that could affect our revenue sharing funds in their entiriety. Reverend Gibson: Mr. Vice -Mayor, can't we ask that this mat- ter be researched for the next meeting and bring it back then. Vice -Mayor Reboso: Yes, and we will have a copy of the minutes. Mr. Plummer: Sure, I think it should be. Mr. Southern: We'll have a verbatim transcript available for you by that time. Mrs. Gordon: It really makes no difference what the verbatim transcript says because what is important is what I just now pointed out. Reverend Gibson: Rose, let me say this. I'm not the wisest guy in the world but let me tell you something. You got $25,000 and Mrs. Gorcb n: We don't have it unless you pass this resolution. Reverend Gibson: Rose can't you wait until the next meeting? Mrs. Gordon: No, Father because you are holding the program up for two or three more weeks. Reverend Gibson: The motion is that we table the matter or postpone the matter until the next meeting. Mr. Plummer: Is that your motion? Reverend Gibson: That's my motion. Mr. Plummer: I'll second that, but also I want included that the Clerk furnish us with a copy of the minutes. That's the important point. Mr. Southern: I'll do that. Mr. Plummer: They Mayor will be here and be able to speak for himself. 10(3 MAR 2 81974 Vice Mayor Reboso3 We have a motion to table and a second. Mr. Andrews: May I discuss something with the Commission to poilAt out what Mrs. Gordon is trying to indicate what she is trying to say is that as of this moment, the way the motion Stands, this does not constitute an appropriation of those funds until you either have a resolution or the appropriat- ions ordinance which 1 put before you.. Mr. Plummer: I fully understand that. Reverend Gibson: Let me ask you, J.L. My understanding was that we gave the $25,000 and we passed another resolution or an addendum saying that we asked the County, and my under- standing was whether the County gave us a nickle or a dime or any other agency, you had the $25,000. Mr. Plummer: I voted against that and then the Mayor made an addendum to that and he stated very clearly that the only way he would vote for, is that the County recognize that we are starting a pilot program and that they are going to have to assume their role as a social service program. Reverend Gibson: J.L. all she is saying is give them the $25, 000.00. That's all she's saying. Mr. Plummer: Father, I have no objections except that I don't think this other wording does any damage. Mrs. Gordon: Well that's next week you can take that up. Let's do this now. I 'l1 move this that we just take this up now and then the other part, the other $25,000 we'll take up next week which was what the minutes will reflect that you are concerned about. I'll move that a resolution authorizing the allocation of the sum of $25,000 from federal revenue sharing funds to provide for a pilot program of day care aid for the frail elderly at Legion Park be moved because this is the first motion. Mr. Plummer: I'm sorry Rose, you know the Mayor made himself very clear and he and I voted that way that we would only al- locate those funds with that stipulation involved. I am sorry. I will be glad to move and vote in favor of the $25,000 with that stipulation involved. Mrs. Gordon: you're holding the program up, Mr. Plummer for another two weeks. There are a lot of lonely old people that are waiting for you to come off your . Vice -Mayor Reboso: J.L., I am pretty sure we gave $25,000. Mr. Plummer: I don't dispute it, and I am all in favor. Let's give it, but as you also will recall I made the statement that I wanted to see Metro come up with their 25. Mrs. Gordon: All right, let's move it now and get this 25 going. The rest of it we will worry about next time. Reverend Gibson: Mr. Vice -Mayor, I made a motion that the matter be researched for the next meeting. I would like to vote it up or down. Mrs. Gordon;' Well, let's vote it now. I'll move this reso- lution. Mr. Plummer: Well; we have another resolution on the floor. 104 MAR 2 81974 Videa.Maybr he se0 nd. lot We have Motion to table, a motion and a Mr. Pluimners Under discussion, 1 will even go so far as to tell Paul. Andrews to go ahead and implement and start the proE. grain. Mrs. Gordon: You can't implement it J.L. , without a resol- ution. Mr. Plummer: Don't tell me you ca't start it. Mr. Andrews: (inaudible comments) Mr. Plummer: I want to say take it from the contingency fund but it isn't there. And reimburse the contingency fund. Vice -Mayor Reboso: Any further discussion on this matter? Call the role please. Mr. Southern: This is on the motion to table? Vice -Mayor Reboso: Right. Mr. Southern, City Clerk: Reverend Gibson? Reverend Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: No. Mr. Southern: Mr. Plummer? Mr. Plummer: I've got to vote yes. Mr. Southern: Mr. Reboso? Vice -Mayor Reboso: I vote no. (Mayor Ferre absent) Mrs. Gordon: The vote fails, I'll now move the resolution authorizing the allocation of the sum of $25,000 from the Federal Revenue Sharing Funds to provide for a pilot program of day care aid for the frail elderly at Legion Park. Mr. Plummer: Now this one will fail, then where are we? Do you have a second? Reverend Gibson: You'll be in limbo. Mr. Plummer: Right, exactly. Do you have a second? Vice -Mayor Reboso: What's the motion, Mrs. Gordon? Mrs. Gordon: The motion we had last time said we were going to spend #25,000 of our money. This is the resolution author- izing allocation of funds. This is the same thing we did last time. Mr. Plummer voted against it, you voted for it, Father voted for it, and the Mayor voted for it. Vice -Mayor Reboso: I would be pleased to second that motion, if I can give you the gavel. I second the motion. Vice -Mayor Reboso relinquishes the chair to Mr. Plummer and seconds the motion. 1O5 MAR 281974 • • Mr. PlUMMers Moir n Ade and itedOndgd. Aft Mr. Southern, City Clerki Mrs. Gordon? MrA . Gordan* Yeti, Mr. Southerns Mr. Reboso? Mr, Re%oso: Mr. Yeti. Southern: Reverend Gibson? Reverend Gibson: No. Mr. Southern: Mr. Plummer? Mr. Plummer: No. The motion fails. Mayor Pierre absent. Vice -Mayor Reboso resumes the chair. Vice -Mayor Reboso: Anything else? Mr. Plummer: I would strongly urge Mrs. Gordon to accept the wording as it appears in the motion andI will be glad to vote in favor so that they can get something done. Mrs. Gordon: this wording we are doing that you are act on again fraud. • Mr. Plummer, it is impossible for us to accept because our Manager advertised in the medias that social services for aged and poor. The resolution objecting to, or that you would like to see us says we are not doing it. Therefore, we are in Reverend Gibson: M. Vice -Mayor? We have debated the issue, we have voted. We have voted twice. I urge you sir, that you adjourn this meeting. 61. APPROPRIATE $8,000 FROM BOND FUND IN SETTLEMENT Mr. Lloyd: We have two or like to have taken up if I CRIME PREVENTION AND POLICE FACILITIES OF PARCEL 117088-75-9.MARJORIE WILSON three pocket matters that I would may, Mr. Vice -Mayor. Mr. Plummer: What is this? Mr. Lloyd: Mr. Vice -Mayor, let me explain this one. This is again a necessity for a resolution. The money has already been allocated. The settlement has already been authorized. It was authorized last week by this Commission to settle this case in the amount of $29,000. What is happened is we have paid $21,000 already into the registry of the court and this is the additional amount which must be allocated by this resolution to settle the case. That's all. Otherwise it would be the full $29,000 but we've already paid $21,000 into the registry of the court. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-251 A RESOLUTION APPROPRIATING THE SUM OF $8,000 FROM THE CRIME PREVENTION AND POLICE FACILITIES BOND FUND, PURSUANT TO RESOLUTION NO. 74-206, FOR THE SETTLEMENT OF PARCEL NO, 7088-75-9, IN THE CASE OF CITY OF MIAMI VS. MARJORIE E. WILSON, CIRCUIT COURT NO. 73-788, MAR 2 8 1974 1011 AH mi 1 Were 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`•follo+wing vote - AYES: M. Plummer, Reverend Gibson, and Vica'.Mayor Reboso. NOES: Mrs. Gordon. Mayor Ferre absent. 62. SETTLEMENT - CITY OF MIAMI VS, EDISON HOLDINGS LTD, Mr. Lloyd: We have a resolution here which I will read first then explain it. I would like to explain it. A resolution authorizing the City Attorney of the City of Miami to settle the matter or attorney's,fees in the case of City of Miami vs. Edison Holdings Ltd., et al, Civil Action No. 73-2505, with Jack Watson, attorney for Edison Holdings Ltd., et al, in the amount of $94,875. Now if I may briefly explain. There is a hearing tomorrow before the circuit court as au- thorized and directed by the statute on the amount of attor- neys fees which must be paid to the attorney for the condemnee on property which was taken by the City. The condemnee being Edison Holding, limited. Now. The attorneys in cases like this are authorized an attorneys fee. That's the defense council, council for the person or the identity from whom the City took the property. Now, there will be witnesses, lawyers testifying on behalf of the attorney that he is entitled to 10% of the amount of the final judgement which is one of the usual fees that attorneys are paid. The City of Miami has witnesses who will testify that he is entitled to approximately 6% which comes to $75,000. The 10% of the amount would be $126,500. Mr. Watson, the attorney has agreed to settle the attorney's fee for the sum of 71% of the final judgement or the sum of $94,875.00. Now then, our principal witness, Mr. John Farrow, one of our attorney witnesses has informed us that the court would be likely to split the matter, more or less down the difference and come up with an award of $100,000 to the attorney. It could be likely that we would save $5,000 by this, anywhere from $5,000 to $30,000, so this is in the discression of the Commission. We can go ahead and we can have the hearing tomorrow and we can let the court assess the amount or we can agree with the attorney for the figure of 71%. Mr. Plummer: Mr. Lloyd, look. We're not lawyers and we don't dwell into lawyers fees. What is your recommendation? Mr. Lloyd: My recommendation is that the matter be settled for the amount of 71% or $94,875. Mr. Plummer: I don't see where we have any choice. Mr. Vice - Mayor, on the recommendation of our attorney he has recommended that we settle this. I don't see where we have any other al- ternative. The only thing we can do is hope to come out work- ing. Mr. Manager,, do you have any comments? Do you concur ? Let me explain real quick like. Maybe Rose can do better than I can. When we go into a condemnation suit, this man represent- ed the people we were suing, and when you win in a condemnation you've got to pay their fees, their lawyers, their everything. Vice -Mayor Reboso: Do you want to make p motion? Mr. Plummer: I'll make a motion, Mr. Vice -Mayor, that we lai MAR 281974. accept the recommendation of the City Attorney and settle it, Reverend Gibsons I'm going to second it only because we can't _1 win. It breaks my heart. 3 Mx. Lloyd: Let me say that I am reluctant to do this and I have some very difficult feelings on this but I am saying the game thing that Reverend Gibson is saying, that only be- cause we can't win. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-252 A:RESOLUTION AUTHORIZING THE CITY ATTORNEY OF TEE CITY OF MIAMI TO SETTLE THE MATTER OF AT- TERNEYS' FEES IN THE CASE OF CITY OF MIAMI VS. EDISON HOLDINGS LTD., ET AL, CIVIL ACTION NO. 73-2505, WITH JACK WATSON, ATTORNEY FOR EDISON HOLDINGS LTD., ET AL, IN THE AMOUNT OF $94,875. (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. Plummer, reluctantly; Reverend Gibson, under protest; and Vice -Mayor Reboso. NOES: Mrs. Gordon. Mayor Ferre absent. 63, AUTHORIZE CITY ATTORNEY TO EXECUTE AGREEMENT BONDED RENTAL AGENT Mr. Lloyd: I have one final matter here I would like to take up. I would like to recognize Mr. Art Green, attorney for the bonded rental rental agency who is here, and as soon as I fin- ish my brief explanation, if you have any questions of Mr. Green regarding this matter, I am sure he would be delighted to answer any questions you might have and I appreciate his courtesy in attending. I would like to fill the Commission in briefly before I discuss the resolution which I propose to put before you on the history of a matter in litigation regarding the City's licensing ordinance. This case has been extant since 1966. It was originally brought on behalf of the Bonded Rental Agency and others, other rental agencies of the type of the Bonded Rental Agency against the City to enjoin the City from enforcing the terms of a license fee ordinance specifically designed for fees to rental agencies. Now. There have been several cases actually challenging the right of the City of Miami to require payment of license fees. Originally, the original ordinance was found to be illegal because of a failure to properly record the ayes and noes. Subsequently, to that time, the City contended that the old ordinance then came into affect. Subsequently, the new ordinance was re- inacted by virtue of the fact that the new code was re-enacted Subsequent to that there was an attack on the re-enactment the ordinance on the basis that the record, the minutes did not reflect that the Commissioners had received a copy of the ordinance. This case has been going back and forth in the courts since 1966. It is not 1974. In the meantime, as a matter of fact, the City got a summary judgement. This was reversed by the District Court of Appeals. This was upheld on certiorari and now we are back in Circuit Court again to go all over again, and we face the prospect of going back 10- MAR 281974 up all through all the courts again over another period of years. Now to be perfectly honest withtthe City Commission, by this settlement; we are not to get license fees for fiscal years, I think 67, 68, 63, 70, 71 and 72. However, if we win, event- ually after a period of years, there is a possibility or a probabiility we could get those license fees but #1 there is no absolute opinion that 1 can give you that we can win that in the first place all the way. #2. Even if we do it means another period of years to go by and interest would not accrue on this because of the fact that the court would not have de- cided the liability and interest would only accrue until the time the liability was decided as of a judgement, so therefore, we do not have any money at all at this time. So we are gam- bling something for something by continuing this rather endless litigation which has now been going on for a period of 8 years. Now Mr. Green, on behalf of the Bonded Rental Agency and cer- tain others has come to an agreement with myself and people in my office by which Bonded Rental Agency and others will pay the amount of the license fees owed, and correct me if I am wrong on this Art, for the fiscal years of 72, 73, and 74. Reverend Gibson: Some of these people may be dead, isn't that true? Mr. Lloyd: This is a serious question going back to some of these years as to what we can prove and what we can't prove. Mr. Plummer: If I ran my business like this I would go broke. Mr. City Attorney, what do you recommend? Mr. Lloyd: I recommend this be settled in the manner in which I am proposing and the manner in which Mr. Green and the Bond- ed Rental Agency and I have agreed and end the matter. Mr. Plummer: I make a motion, the City Attorney after 8 long years settle this case with a compromise that is fair to both the City and to Bonded Rental Agency. We authorize you to settle it in compromise. Mr. Lloyd: You would pass a resolution authorizing the City Attorney to settle the matter. You have it in front of you. I will read it by title. Mr. Plummer: Does the resolution contain therein the amount of money which will be paid to the City of Miami? Mr. Lloyd: No, sir. That will have to be determined by an audit which is agreeable to Mr. Green and myself and provides for that in the terms. Mr. Plummer: ---Agreement that the audit must be forth- coming first, I move the resolution. Mr. Lloyd: That's what the resolution provides for. You agree with that Mr. Green? Mr. Green: The resolution provides that we settle it on the basis of paying the taxes of the fees, 72, 73, 74. Our books, our records are open to them. Let us know how much we owe. One thing I must tell, however, in absolute candor. That we want, and that is one thing that hasn't been brought up, that there are two years taxes, 72,73,74. We want a hiatus of not less than 4 months between the times we pay them and I tell you why. We could pay them right now but we don't want to do it because we don't want to say to an owner, here, you've got to pay this big sum of money cause the first thing he is go- ing to say is ok, I'll pay it. I am going to raise the rent. 10) MAR 2 81974 1 • but if we give it to him in easy doses. We really worked it out Well. Reverend Gibson: 6 months ----(inaudible. Mr. Lloyd: We provided for that in the resolution. Reverend Gibson: ..--I don't want too much chopping off. The following resolution was introduced by Mr. Plummer Who moved its adoptions RESOLUTION NO. 74-253 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN AGREEMENT OR STIPULATION ON BEHALF OF THE CITY OF MIAMI WITH COUNSEL FOR THE BONDED RENTAL AGENCY AND CERTAIN OTHER PLAIN- TIFFS TO CONCLUDE THE LITIGATION IN THE CASE OF HARRY KENDEL, HARRY MARKOWITZ AND BONDED RENTAL AGENCY, INC., A FLORIDA CORPORATION, ET AL, VS. CITY OF MIAMI, A MUNICIPAL CORPORATION CHARTERED UNDER THE LAWS OF THE STATE OF FLORIDA. (Here follows body of resolution, omitted here and on file in the City ClArk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, and Vice -Mayor Reboso. NOES: None. Mayor Ferre absent. 64, POLICE DEPARTMENT INTERIM BUDGET- BRIEF DISCUSSION Mr. Plummer: For the record. Mr. City Manager, our Police Chief surrendered to you on the twelfth of January recom- mendations for an interim budget.The thing that concerned me in that statement was that these things for a 6 month bud- get are minimal things that are needed to bring his department up to minimal strength. My question is to you, Mr. City Man- ager, is you forwarded that to us without recommendation. When are we going to have, cause I am going to lay it right on the line to you. I will not vote to allocate 1 dime of that Federal Revenue Sharing money until I know what your recommendations are in reference to the entrim budget sub- mitted by the Chief. Now I'm not saying that you nor I, not anyother Commissioner are going to concur 100% with the Chief but when that man put in that statement, this is for minimal, is what he needs. I think that this Commission has to act on some basis, right or wrong, and I am hoping that you will be forthcoming with that at the next meeting because if not I am going to vote, to uphold the spending of any additional of any revenue sharing monies so that we have it now, we don't have to go back and look for it later. Mr. Andrews: Ok. You are going to put me in a position where I will supply you with a recommendation and I'll go through that trouble, but I will not assume any responsibility for the things that I amngoing to have to present to the Commission at budget time in which you are going to have to weigh and make some decisions on as far as salaries and all the other things 11u MAR 2819 4 that are taming to fade the city. Mr. Plummer: That wasn't included in this. Mr. Andrews: Well it Certainly is. When we get through with this, we are not talking about 1.1 million, we're talking about $3,000,000. This is 1.1 for half a year. The thing the Chief MO done is taken the bare bones costs of his minimum needs. He hasn't calculated in all the others. Mr. Plummer: Por 6 months. Mr. Andrews: For 6 months. This has an annual impact of $3,000,000. Mr. Plummer: Paul, did you read in there that the man said this was minimal? Mr. Andrews: Yes. I understand that but minimal to him may mean something different to me and I have to analyze that. Now I was preparing to do that in conjunction with his total budget to find out.... Mr. Plummer: You're talking about next October? Mr. Andrews: No. months. I propose department budgets July 1 this year. I'm talking about in the next couple of to have his budget with all the other in the hands of the City Commission by Mr. Plummer: Paul, if we,go and these monies which you have supplied to us today as Federal Revenue Sharing, I did not want to defer this money today. $50,000 is that which this Commission made a commitment on. $25,000 to Rose. What I am saying to you is, don't put this Commission in a position of having to go back and cancel out programs. We've got the money now, it has not been allocated. Let's get this thing together so that we can address ourselves to that memo. I think he has now placed the impetus of the next move upon this Commission and you. Do you agree to that? Mr. Andrews: Well, only from raised the question, "What is given us, given me and now in have been presented at budget analyzing it with the budget. you now is that you asked him this standpoint. If you had not your needs now?", what he has turn I have given to you would time and we would have been The only reason it is before for it now. Mr. Plummer: Paul, this is what the man has told us in a memo that he needs between now and then. Is that correct? Mr. Andrews: Yes, but do you see how that came about? Mr. Plummer: Yes. Mr. Andrews: Because at the conclusion of the $756,000 the question was raised, "What else do you need?". Mr. Plummer: The question was raised to him, "Is this what you need to bring your force up to full strength?" and his answer was "no.". Mr. Andrews; Right at that moment, if I can stop you, and interrupt you, if you had not raised that question, he was proposing, and I knew this, proposing to submit those kind of recommendations along with his new budget preparation and 111 MAR 2 8 674 you would have been evaluating at budget time, and that is what I aft trying to atiok to. Mr. PlUmMers Paul, I am on record. If you want to wait until budget time and you think yoti can justifiably do it, be my Vest, but when that man sent that memo to me and he indicated in there what he indicated, he says to me, Mr. Commissioner, the next move in up to you. Mr. Andrews: I don't want to do that, to sacrifice of hold- ing up all these other programs that are included in that appropriation ordinance which is senior citizens programs.... Mr. Plummer: We're going to, what you're saying placed in the position again of going beck and canceling out programs. Is that right? If we're.... Mr. Andrews: No. Mr. Plummer: Where are we going to get the money from? Mr. Andrews: You mean when he submits his new budget? Mr. Plummer: No. This interim. Mr. Andrews:The interim' budget is taking those funds which I already had in reservation, those funds which were not expended for the 3 months increment of $1,600,000 of salary adjustments. This is programming money that is not coming along in the new allocations. Maybe I should explain that. I was going to do that with this appropriations... Mr. Plummer: We're playing with words. Mr. Andrews: No, we're not. Mr. Plummer: Well, maybe I am wrong, and if I am, I stand corrected. Mrs. Gordon: Is the meeting over, Mr. Vice -Mayor, so that we can go home? Mr. Andrews: May I bring this up at the next meeting? Mr. Plummer: Be my guest. ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at 5:35 P.M. this date. MAURICE FERRE MAYOR ATTEST: H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAR 2 81974 CIT% c P' MIAMI DOCUMENT MEETING DATE: INDEX MARCH 28, 1974 ITEM NO4 DOCUMENT IDENTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 COMMISSION 1 RETRIEVAL ACTION CODE NO. COMMISSION AGENDA & CITY CLERK REPORT (20 PAGES) PUBLIC NOTICE-C.I.P. PROGRAM IN COCONUT GROVE VARIANCE -ORDINANCE NO. 8142-CONSTRUCTION 3326 MARY STREET -OFFICES AND RESIDENCES CONSTRUCTION OF WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233-C (CENTERLINE SEWER) CONSTRUCTION OF WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233-S (SIDELINE SEWER) PUBLIC NOTICE -SANITARY SEWER IMPROVEMENT March 26-1974 CONDITIONAL USE -ORDINANCE NO.6871- SHENANDOAH MANOR SECTION-1763 S.W. 22 ST. GRANT APPLICATIONS FOR THE REPLACEMENT AND TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA- HOST FOR CITY OF MIAMI BIRTHDAY CELEBRATIONS AUTHORIZE EXPENSES-1976 GOLDEN GLOVES CHAMPIONSHIP TOURNAMENT -CITY OF MIAMI NAMING TUCKER GIBBS, CARLOS ARBOLEYA, PERCY AGUILA AND MATTHEW HODES MEMBERS OF YOUTH ADVISORY BOARD CITY OF MIAMI EXPENSES -VENEREAL DISEASE PROGRAM -YOUTH ADVISORY BOARD CITY OF MIAMI NAMING MONNA LIGHTE-BOARD OF DIRECTORS OF THE HARRY BELAFONTE TACOLCY CENTER ACCEPT COMPLETED WORK -KING FENCE OF MIAMI,INC. WYNDWOOD PARK -FENCING - ACCEPT COMPLETED WORK -HENRY DEGRAFF & SON,INC. WYNDWOOD PARK COMMUNITY BUILDING PUBLIC HEARING COMPLETED CONSTRUCTION OF VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374- C-(CENTERLINE SEWER) R-74-212 R-74-213 R-74-214 R-74-215 R-74-217 R-74-219 R-74-220 R-74-223 R-74-224 R-74-225 R-74-226 R-74-227 R-74-228 R-74-229 0065 0066 74-212 74-213 74-214 0067 74-215 74-217 74-219 74-220 74-223 74-224 74-225 74-226 74-227 74-228 74-229 DOCUMENT'I N DEX CONTINUE ITEM NO. DOCUMENT IDENTIFICATION 18 19 20 21 22 23 24 25 26 27 28 29 30 , 31 32 33 34 35 36 37 38 GLENROYAL SANITARY SEWER IMPROVEMENT SR- 5374-S .LSIDELINE SEWER) ACCEPT PLAT ENTITLED COCONUT GROVE SQUARE - A SUBDIVISION CITY OF MIAMI- CLAIM SETTLEMENT-MIAMI WHOLESALE FURNITURE INC. CLAIM SETTLEMENT-JOSEPHINE DUNN CLAIM SETTLEMENT-JOSEPHINE SAUER EXTENSION EMPLOYMENT-JUAN PEREZ- DEPT. PARKS AND RECREATION PAYMENT TO KNOWLES ANIMAL HOSPITAL,INC. VETERINARY SERVICES-DEPT. OF POLICE AMENDMENT TO THE LEASE FOR THE WATERFRONT MARINE FACILITY -DINNER KEY 50% REDUCTION IN RENTAL FEES-BAYFRONT PARK AUDITORIUM -MUSIC DEPARTMENT ACCEPT BID -PURCHASE OLDSMOBILE "98" SEDAN TO BE USED BY THE MAYOR TRANSFER $4,000 FROM CONTINGENT FUND TO THE CITY COMMISSION BUDGET -BILINGUAL RECEPTIONIST CITY COMMISSIONER'S OFFICE ACCEPT BID -SOUTHERN MILL CREEK PRODUCTS - HEAVY EQUIPMENT -DIVISION OF PUBLIC WORKS ACCEPT BID-GRAYBAR ELECTRIC COMPANY -COVE LIGHTING -DEPARTMENT OF PUBLIC WORKS AWARD BID -UNIVERSAL ROAD PLANER CORPORATION - FOR THE HEATER PLANER PAVING PROJECT-1974 AGREEMENT WITH STEPHEN P. WYNN AS LEGISLATIVE LIAISON REPRESENTATIVE AGREEMENT -SOUTHEAST FLORIDA INSTITUTE OF CRIMINAL JUSTICE -TRAINING PROGRAMS - POLICE DEPARTMENT UNIVERSITY OF MIAMI CENTER FOR URBAN AND REGIONAL STUDIES -PROGRAM ENTITLED INNOVATION IN COMMUNICATIONS ACCEPT BID -ATLANTIC FERTILIZER COMPANY PUBLIC NOTICE -PROGRAM C.I.P.-COCONUT GROVE OBJECTING INCLUSION IN DADE COUNTY COMMUNITY IMPROVEMENT PROGRAM - NEIGHBORHOOD DEVELOPMENT PROGRAM APPROPRIATING $8,000 FROM CRIME PREVENTION BOND FUND -RESOLUTION NO. 74-206 R-74-230 R-74-231 R-74-232 R-74-233 R-74-234 R-74-235 R-74-236 R-74-237 R-74-238 R-74-239 R-74-240 R-74-241 R-74-242 R-74-244 R-74-245 R-74-246 R-74-247 R-74-248 R-74-249 R-74-251 PAGE # 2 _CODE ND.__ 74-230 74-231 74-232 74-233 74-234 74-235 74-236 74-237 74-238 74-239 74-240 74-241 74-242 74-244 74-245 74-246 74-247 74-248 0068 74-249 74-251 UMENTINDEY CONTINUED PA# ITEM NO. DOCUMENT IDENTIFICATION 39 40 ATTORNEYS' FEES CASE CITY OF MIAMI VS. EDISON HOLDINGS LTD. ET AL, CIVIL ACTION NUMBER 73-2505 AGREEMENT CITY OF MIAMI WITH COUNSEL FOR THE BONDED RENTAL AGENCY COMMISSION RETRIEVAL _ CDDE �IO�_ ACTION R-74-252 R-74-253 74-252 74-253