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Home My WebLink AboutCC 1974-04-11 MinutesMIAMI CITY M MISSION MINUTES OF MEETING HELD ON THURSDAYJ APRIL 111 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO 1 SUBJECT r ORDINANCE OR RESOLUTION N0. PAGE NO 1. MOTION TO WAIVE READING MINUTES 2. PERMIT GOVERNMENT USE OF UNPLATTED SITE- WAGNER CREEK' NW 14 ST+N.W. 12 AVE ETC. 3. PROPOSED ORDINANCES -OPEN MARKET PURCHASES AND GENERAL CONTRACT PROCEDURES 4. 'ACCEPT HIGHWAY RIGHT OF WAY DEED TIGERTAIL BAY APARTMENTS INC. 5. ALLOCATE $80,876 TO PAY F.E.C. RR. CO. FOR A 7 FOOT STRIP ON BISC.AYNE BOULEVARD 6. AUTHORIZE CITY ATTORNEY TO BRING ACTION TO QUIET TITLE-N.BSH.DR. ADJACENT BISCAYNE BAY 7. 1CLOSING STREET- N.W. 4 STREET FROM 2 AVENUE TO 3 AVENUE 8. DENY CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND SUITS 9. 1WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM CORAL GABLES JR. WOMENS CLUB '0. 1APPOINT ADDITIONAL MEMBERS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY & BEAUTIFICATION 21. 'APPOINT ALICE WAINWRIGHT TO THE ALICE WAINWRIGHT PARK COMMITTEE 12. DUPLICATE TAX CERTIFICATE STEVEN D. ROBINSON ETC. 13. NEGOTIATE WITH REPRESENTATIVE OF CHAMPION SPARK PLUG COMPANY -UNLIMITED REGATTA AT MIAMI MARINE STADIUM 14. AUTHORIZE USE OF ORANGE BOWL-AMERICAN LEGION CONVENTION ETC. 15. DISCUSSION OF PROPOSED LOITERING ORDINANCES 16, AMD.SEC.30-1-CLARIFY REQUIREMENT THAT A PROFESSIONAL ASSOCIATION HAVE SEP.LICENSE . 17. AMD.SEC.39-13.1 FOR WINTER SCHEDULE AT CITY OWNED GOLF COURSES ETC. 18, DISCUSSION OF PROPOSED ORDINANCE PROVIDING PERMIT FEES OF 815 EACH BUS BENCH ETC. 19, 1REVISE ORD.7990 FOR CONSTRUCTION OF SIDEWALO REV.TO INCLUDE CONST. OF CURB AND GUTTER 20. AWARD BID- MARINE STADIUM BOAT PIT FENDER SYSTEM - 1974 21. AUTHORIZE MANAGER TO NEGOTIATE 61 YEARLY LEASE FOR PROPOSED ROWING CLUB AV THE MARINE STADIUM RES . T4‘.254 DENIED BY MOTIONS 74-25 74-256 RES. 74-257 RES. 74-258 RES.74-259 RES.T4-260 RES.74-261 RES.74-262 RES.74-263 RES . 74-264 RES.74-265 RES.74-266 & MOT.74-267 RES.74-268 DISCUSSION FIRST READING FIRST READING DISCUSSION FIRST READ. RES . 74-269 '14•- MOT.74270 $-2 2 3 .3-4 4-6 6 6 7 7 8 8 8-9 10 10 11 11 12 14 14 15 16 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF NIANI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO PAGE NO 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 12. 34 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. AWARD BID- TRACY SANITARY SEWER IMPROVEMENT SR. -5275 CIS AWARD BID- SOUTHERN DRAINAGE PROJECT E-31 AWARD BID- 67,000 PERMIT APPLICATIONS AWARD BID - WORK TROUSERS ETC. AWARD BID - 32= SHOWMOBILE FOR PARKS AND RECREATION AWARD BID - INJECTION, REMOVAL, REPLACEMENT OF TREES AFFECTED WITH LETHAL YELLOWING AWARD BID - CARD FILES PUBLIC HEARING- REQUEST FOR !HELICOPTER LANDING AREA AT LEGION PARK OBJECTIONS TO CONFIRMING ORDR.RES. BAY CREST HIGHWAY IMPROVEMENT H-4373 STATUS REPORT - BI CENTENNIAL PARK REPORT BY MAYOR FERRE ON NEGOTIATIONS WITH THE F.E.C. RAILROAD REVIEW OF SANITATION DEPARTMENT OPERATIONS AWARD BID - 50 LITTER RECEPTACLES PROCLAMATIONS, PLAGUES, CERTIFICATES OF APPRECIATION STATE DEPARTMENT OF TRANSPORTATION REPORT OF STUDY OF DIXIE HIGHWAY CORRIDOR COMMEND HENRY AARON FOR 715 HOME RUN APPOINTMENTS TO INTERNATIONAL FOLK •FESTIVAL COMMITTEE APPOINTMENT TO CITY OF MIAMI BEAUTIFICATION COMMITTEE WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM DADE BUSINESS & PROF.WOMENS CLUB APPOINTMENTS TO THE YOUTH ADVISORY BOARD AUTHORIZE AND DIRECT CITY MANAGER TO INAUGURATE FREE SUMMER CONCERTS MARINE STAD. DISCUSSION OF CONSTRUCTION OF TENNIS FACIL- ITIES-DAVID T. KENNEDY PARK PUBLIC HEARING -REVOCATION OF JITNEY LICENSE BRIEF REPORT -PROPOSED JITNEY SERVICE AMEND SECTION 56.45.1 OF THE CODE TO PERMIT 5 CENT INCREASE IN JITNEY FARES ESTABLISH FEES FOR USE OF RECREATIONAL FACILITIES SEC.39-1 74-271 RES.'. 74-272 RES..° 74-273 RES."' RES.74-274 18 RES.74-275 18- MOTION and RES.74-276 RES.74-277 DISCUSSION MOT.74-278 DISCUSSION & MOTION DISCUSSION AND MOT.74-279 DISCUSSION RES.74 DISCUSSION MOT.74-281 MOT.74-282 MOT.74-283 MOT.74-284 RES.74-285 MOT.74-286 DISCUSSION 'DISCUSSION DISCUSSION EMER.ORD. NO. 8242 ORD.NO. 8243 MEI 16 17 18 19 19-21 22 22-29 29-34 35-44 45-53 53 54n 54-56 57 57-5 58 58 59 60 61' 62 62 63 63-6 • . 64. 65. '' 66. 67. 11131 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO' SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO 57, 58. 59, ESTABLISH FEES FOR COMMUNITY BUILDINGS' BANDSHELL ETC. ESTABLISH FEES-HENDERSON'MOORE PARK TENNIS FACILITIES INCREASE do REVISE CHARGES FOR USE OF SWIMMING POOLS ESTABLISH FEES FOR USE OF FOLDING CHAIRS AND PORTABLE BLEACHERS ORDINANCE ESTABLISH FEES FOR PRE-SCHOOL ACTIVITIES CITY COMMISSION MEETING LEGION PARK AUTHORIZE CITY MANAGER TO SUBMIT PROPOSAL MANAG.& ADMIN CAPABILITY PROGRAM ETC. CORRECT SCRIVENERS ERROR -PLAT NO. 896 RIVER COVE ALLOCATE $104v375 TO PAY ATTORNEYS FEES AND COSTS IN THE CASE OF CITY vs EDISON HOLDINGS LTD. CIVIL CASE NO. 73-2505 ALLOCATE S2,000 FOR PRELIMINARY EXPENSES ACQUIRE PROPERTY FOR KIRK MUNROE PARK EXECUTE QUIT CLAIM DEED-SUNNYBROOK 3rd add ALLOCATE $50,000 FROM PROPER FUND FOR THE REMOVAL OF BLYGHTED PALMS ON PUBLIC PROP. AWARD BID- MODULAR DAY CARE STRUCTURE AT MOORE PARK 60. DIRECT CITY MGR.TO CEASE ACTIVITIES RE CNSL CITY OF MIAMI COMPREHENSIVE PLAN 61. BRIEF DISCUSSION -PROPOSED LOITERING ORD. ORD. NO. 8244 ORD. NO. 8245 ORD. NO. 8246 ORD. NO. 8247 FIRST READING RES.74-287 RES.74-288 EMER.ORD. NO. 8248 RES.74-289 RES.74-290 RES.74-291 RES.74-292 ' 74-293 • MOT.74-294 62. 1APPROVE CITY MANAGER=S RECOMMENDATIONS FOR ORANGE BOWL IMPROVEMENTS MOT.74-295 63. DIRECT CITY MANAGER TO PROCEED WITH CERTAIN IMPROVEMENTS AT ORANGE BOWL STADIUM MOT.74-296 ORANGE BOWL ELECTRONIC SCOREBOARD -DISCUSSION DISCUSSION VIRRICK AND MOORE PARK PROBLEMS DISCUSSION FEDERAL REV.SHAR.FUNDS DEFER POLICE SUP.BUDGtT APPROP.UNCOMM.FUNDS ESTABLISH COMMITTEE RES.74-297 ORDINANCE APPROPRIATING $3,007+422 IN UNCOMMITTED FEDERAL REVENUE SHARING FUNDS EMER.ORD. NO. 8249 64 65 65 66 66-69 69 TO 71 71 72 72 73 73 74-75 76-77 78-79 80-81 82-83 83-87 88-90 91-9 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION N0. PAGE NO, 68. 69. 70. 71. 72. 73. 74. iS. ''6 77. 78. 79. 80. ESTABLISH CITY OF MIAMI ADVISORY COMMITTEE ON FEDERAL REVENUE SHARING PERSONAL APPEARANCE-MS.VIRGINIA ESSEX STATUS OF WOMEN AUTHORIZE EXECUTION OF CONTRACT AMERICAN LEGION CONVENTION CORP.FOR USE OF MIAMI STADIUM AUG 17 BRIEF DISCUSSION-LATIN RIVERFRONT PARK APPROVE CONCEPT PROPOSAL FOR ACQUISITION OF PROPERTY FOR DIVISION OF BISCAYNE BOULEVARD• BICENTENNIAL PARK. CIRCULAR TRANSFER OF PROPERTIES ETC. PERSONAL APPEARANCE -MR. YAZELL REPRESENTING AMERICAN CIVIL LIBERTIES UNION REGARDING PROPOSED LOITERING ORDINANCE AMEND ORD.8192 BY MAKING APPROPRIATION OF FEDERAL REVENUE SHARING FUNDS TO VARIOUS CHARITABLE ORGANIZATIONS AMEND ORD.8190 AS AMD. MAKING APPROPRIATIONS FISCAL YEAR SEP 30 PROV.DONATIONS TO VARIOUS CHARITABLE ORGANIZATIONS SUPPORTING CREATION OF RAIL PASSENGER SERVICE BY AMTRAK ALONG FLORIDA EAST COAST PERSONAL APPEARANCE - MICHAEL CALLAHAN HAPPY BIRTHDAY - ALEX GORDON MOTION OF POLICY REGARDING FUTURE EFFORTS TO PROVIDE AN INCREASE IN PENSION BENEFITS RETIRED PERSONS IN 1974-75 BUDGET APPOINT TONY WILCOX TO INVESTMENT COMMITTEE OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN RES.74-298 MOT.74-299 RES.74-300 DISCUSSION RES.74-301 DISCUSSION EMER. ORD. N0. 8250 ORD.8251 RES.74-302 MOT.74-303 rts.74-304 MOT.74-305 MOT.74-306 93-94 94-97 97-98 99-100 100 100-102 102 103 103-104` 104-107 107 108 108-10 • MINUTE'S OF REGULAR DYING THE CIT'Y__dOPIMISSION OF MIAMI. FLORIDA_. On the 11th day of Apn,iZ, 1974, the City CommiAAton o6 the City of Miami, FLokida, met at .its &egutan meeting ptaee in amid City, City Hatt, 3500 Pan Amen can Vn,ive, .in heguLan sedation. The meeting was aatted to onde& at 9:04 O'CL'oek A.M. by Mayon Maukt t A. Pe&&e. The Ottow,ing members o6 the Commission we&e bound to be p&e4ent: ALs o pn.es ent: Comm,is4.ione& J. L. Ptumme& Comm L44.ionen (Rev.) Theodo&e Gibson Comm.iss.ione& Rose Gordon Comm.i4s.ionen Mano.to Reboso Mayon. Maun.iee A. Penne P. W. Andnewe, City Manage& Andrew P. Cnouch4ssisatant City Manage& John S. L,toyd, City Atto&ney H. V. Southern, City C.te&k Ralph G. Ongie, AssiAtant City etude An invocation wa4 delivered by Reverend Gib4 on who then Led those present in a p,tedge os att.eg Lance to the Stag. 1, MOTION TO WAIVE READING OF MINUTES OF PREVIOUS MEETING On the motion of Rev. Gibson, seconder? by Mr. Reboso, it was unanimously agreed to waive the reading of the minutes of the previous meeting. 2, PERMIT GOVERNMENT USE OF UNPLATTED SFTE- AREA BOUNDED BY WAGNER CREEK, N,W, 14 ST „N,W, 12 AVENUE AND EAST -WEST EXPRESSWAY Mr. Plummer: Are there any objectors? Mr. Mayor, seeing no objectors, this is an area which has been used by the County for parking as it has been in the past, they are asking to improve the area, to make it a beautifully landscaped type of parking area. With no objectors, I will move to uphold the Planning Board and the Zoning Board and move for approval. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-254 A RESOLUTION PERMITTING GOVERNMENTAL USE OF THE AREA BOUNDED BY WAGNER CREEK, N.W. 14TH STREET, N.W. 12TH AVENUE AND THE EAST - WEST ESPRESSWAY, UNPLATTED, FOR PARKING IN CONJUNCTION WITH COUNTY AND STATE BUILDINGS AS PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 36 (1), ALL IN ACCORDANCE WITH PLAN ON FILE, AND THE APPRQVAL OF PLANS AND CONDITIONS BY THE PLANNING DEPARTMENT; PROPERTY ZONED R-C • 1 APR111974 (RESIDENCE OFFICE) bISTRX ''a (Here foiiowe body ,f 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. NOTE: The mayor turned over the gavel to Vice -Mayor Reboso. 3, PROPOSED ORDINANCES ON OPEN MARKET PURCHASES AND GENERAL CONTRACT PROCEDURES - DENIED BY MOT1 ONS Mr. Plummer: Item 16.a., I will move to deny. Mr. Reboso: 16.a. Isn't this on second reading, Mr. Andrews? Mr. Andrews: Yes, inorder to remove any doubt because of the adjustments and the significance that was made at that first time it was presented, I chose to put this on first reading and it was identified as an emergency ordinance at the time and inorder to eliminate any problem there, I made the decis- ion that it should be on first reedincl. Mr. Plummer: I agree, and I won't reiterate my statements that I made before. I will simply move to deny. Vice -Mayor Reboso: Any further discussion? Mr. Andrews: I think the Commission is well aware of this matter and I am not going to comment any further on it. MOTION NO.74-255 Thereupon, a motion to deny was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the follow- ing vote: AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: Mrs. Gordon. NOTE: The mayor resumed the. chair. MOTION NO. 74-256 A motion to deny 16.b. was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the fol- lowing vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon. Mayor Ferre (on casting vote): I want it for the record to point out and I am going to leave it ambiguous because what I am going to say is enough. Several things have come to my attention which I think, Mr. Andrews, you are aware of last week, and I think several of the Commissioners are aware of, which I think requires some investigation on your part about purchasing procedures and this is what has had me concerned and this is why I am reversing the vote that I cast last time. I just want to say that for the record, in that am- biguous form, if you will forgive me, but I think you will understand. I lip APR 111974 ACCEPT HIGHWAY RIGHT OF WAY DEEDDEED- TIGERMILEATAPARTleaS INC. The following resolution was introduced by Mr. Plurner who moved its adopt ion t RESOLUTION NO. 74-257 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY 'PIGERTAIL BAY APARTMENTS, INC. CONVEYING FOR HIGHWAY WIDENING STRIPS OF LAND ALONG THE WEST SIDE OF S.W. 27TH AVENUE TOGETHER WITH A PORTION OF PROPERTY ALONG TIGERTAIL AVENUE INCLUDED IN A RADIUS CORNER; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY,, FLORIDA. (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, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 5, ALLOCATE $80,876 TO PAY F,E,C, RR CO, FOR A 7 FOOT STRIP OF 1AND BISCAYNE BLVD. N.E. 6 STREET TO K. E. 9 STREET Mr. Plummer: Item 18, I guess is the most expensive property we ever bought. I'll move it. A seven foot strip for $80,000. Mr. Lloyd: Actually, so I can explain what this is.' This is just an allocation of the funds. Actually, I believe the funds have already been paid and the Commission has already author- ized it. Mr. Plummer: I understand. Mayor Ferre: Let's vote on it then I will ask you a question. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-258 A RESOLUTION ALLOCATING $80,876 FROM THE GENERAL OBLIGATION HIGHWAY IMPROVEMENT BOND FUND TO PAY THE FLORIDA EAST COAST RAILWAY COMPANY FOR A 7-FOOT WIDE STRIP OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD FROM N.E. 6 STREET TO N.E. STREET. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) • Upon being seconded by Mr. Reborn) the resolution was pained and adopted by the following vote Ads Mr. Reboot), Rev. Gibson, Mrs. Gordon, Mr. plumper and Mayor Porte. NOES: stone. Mayor Petrel Now, this is my question, Mr. Andrews, or Mr. Lloyd. All the property for years that this community has been fighting with the P.B.C. about ownership of on Biscayne Boulevard, has that all been cleared up now? Mr. Andrews: It is now with this action. Mr. Lloyd: With this action it clears it up. There is only one remaining thing to do. We have just been assessed a rel- atively small amount by the court of the original attorney's fees and costa which were paid and there will be, I believe a resolution of the cost, fairly minor, not more than, 7,8 or 9 thousand dollars. I don't remember exactly what it was but that will wind it up. Mr. Andrews: Mr. Mayor, what you are addressing yourself to is the wider strip of 50 feet wide that the State Road Depart- ment has addressed itself to and we solved that and there re- mained this 7 foot strip for sidewalk purposes which the City assumed the burden of inorder to resolve this matter. Other- wise it would never have gotten all settled. Mayor Ferre: But it has been done as far as the state is concerned so there is no question about the property owner- ship. Mr. Lloyd: Yes, no question now. Mayor Ferre: All right. 6, AUTHORIZE CITY ATTORNEY TO BRING ACTION TO QUIET TITLE NORTH BAYSHORE DRIVE ADJACENT TO BISCAYNE BAY ETC, Mrs. Gordon: Mr. Lloyd to speak to this item. Mx. Andrews: We have a map, in case you want to refer to it, Mrs. Gordon. Mr. Lloyd: Yes, I think the best thing to do would be to have the map shown and have the engineers speak to that item, from an engineering standpoint to show what is to be accomplished. The legal thing is just a quiet title if the Commission de- cides to do so. Mrs. Gordon: Ok, I just want to know what we are doing. Mr. Grimm: Mr. Mayor and Commissioners, what this would authorize the City to do would be then to apply to the State Trustees for a title to the bay bottom land which is east of this roadway. As it stands right now, this roadway was ded- icated to the people in the subdivision and as such the state did not recognize the City's ownership. We are now filing suit to claim ownership of this right of way. Mrs. Gordon: Where is it at? In location. Mr. Grimm: The Woaaan's Club is down here. Mr. Plummer: Up in the corner.of the 2121 Building. 4 APR 111974 Mr. Grimm: Yes, this is the Biscayne 21 Apartment Muse. And this ill Margaret Pace Park here. Mrs. Gordon: In other words, the idea is to enlarge the park land area. Mr. Grimm: Yee, Ma'am. Our hope is, as you know, there is a lot of dredging going on now, that if we are successful in getting title to this we might be able to get it filled for free. Mrs. Gordon: That's nice, ok. Fine. Mayor Ferre: You know what, besides getting a nice little park in that point, Rose, I think the other point is this. All of these_ indentations along the bay like that, all they really do is accumulate garbage. They turn into real dirty cesspools and if you make it a straight line along the bay, then you end up with a flushing action that when the tides go up and down, it just washes out. Mrs. Gordon: It's a great piece of land there for the parks system. Mayor Ferre: How many acres of land would we get out of that, Wayne? What size park are we going to have? Mr. Grimm: I don't know, but close to twenty, I believe. Mayor Ferre: Somebody was telling me the other day, and this is just on the side, but I want to show the Commission that we have much too much land on the bay, and you know, I see it just the opposite. I think this complex starting in south Coconut Grove and going almost a mile and a half is one of the best things that this community has, right here where we are sitting and then of course, Bayfront Park which is another mile, hopefully; and then 20 acres here and then Legion Park, I think we are indeed fortunate to have been able to keep that much waterfront for future use for the public. If you look at other communities that are on water, they have not had that good fortune. mrs. Gordon: Like Miami Beach. Mayor Ferre: Well, I didn't want Chuck Hall would get all upset if I say that. I said that once, and he called me up right away. Mr. Lloyd reads the resolution by title. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-259 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO BRING AN ACTION TO QUIET THE TITLE TO ALL OF NORTH BAYSHORE DRIVE AS IT LIES ADJACENT TO BISCAYNE BAY AS SHOWN ON THE MAP SUBMITTED PURSUANT TO CHAPTER 29965, LAWS OF FLORIDA, ACTS OF 1955, AND RESOLUTION NO. 32720 DATED APRIL 19, 1961 OF THE CITY COMMISSION OF THE CITY OF MIAMI AND RECORDED IN PLAT BOOK 72 AT PAGE 75 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. APR 11197 Mere 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 aid adopted by the following vote AM:: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. LNOSS: None. 7, CLOSING STREET - N.W. 4 STREET FROM 2 AVE TO 3 AVENUE Mr. Plummer: May I ask you why you want to close that off so early? The only reason I am bring any question on it is that it is access back and forth. I realize it is a side street. Now if you're not going to use it for another year or so, I question closing it now. Mr. Andrews: Well, it won't be physically closed at this moment. This action will give us the authorization to do so. It won't be closed until it is absolutely necessary. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-260 A RESOLUTION CLOSING N.W. 4TH STREET FROM 2ND AVENUE TO 3RD AVENUE SUBJECT TO A PUBLIC UTILITY EASEMENT, AS SET FORTH HEREIN, AND WAIVING THE REQUIREMENTS OF CHAPTER 54, SECTION 54-4, OF THE CITY CODE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 8, DENY CERTAIN CLAIMS AND DIRECTING CITY ATTORNEY TO DEFEND SUITS The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-261 A RESOLUTION DENYING CERTAIN CLAIM'S AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS.' (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, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 6 APR 1I19 WAIVE RENTAL FEE - DAYFR VT PARK AUDITORIUM CORAL_GABLES l: _..WO M. ..... iJEii 1 ,27. MALLL I974 Mayor Perre: I have a question, does Coral Gables have faciiitiea? Mr. Plummer: No, sir. ... It is all for charity. Mr. Andrews: There is a history, Mr. Mayor of the Commission granting permission. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-262 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER ON DUNE 21, 1973 IN WAIVING THE RENTAL FEE FOR USE OF THE BAYFRONT PARK AUDITORIUM BY THE CORAL GABLES JUNIOR WOMAN'S CLUB ON FEBRUARY 27, MARCH 1 AND 2, 1974, CONDITIONED UPON SAID ORGANIZATION PAYING THE COSTS INCURRED FOR INSURANCE, EVENT PERSONNEL, ETC. (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, APPOINT ADDITIONAL MEMBERS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUT IF LCAT I Ot_ Mayor Ferre: Let's read the names. Laurence Hermelee, Richard E. Fishman, and Marshall A. Ader. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-263 A RESOLUTION APPOINTING FOUR (4) ADDITIONAL MEMBERS TO THE ORIGINAL LIST OF MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (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: Rev. Gibson Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 7 APR 11 '97 11. APPOINT ALICE WAINWRIGHT TO ALICE WAINWRIGHT PARK COMMITTEE The following resolution was introduced by Mr. PluMMer who moved its adoptions RESOLUTION NO. 74-264 A RESOLUTION AUTHORIZING THR APPOINTMENT OF ALICE C. WAINWRIGHT AS MEMBER OF THE WAIN- WRIGHT PARK -LOWER BRICKELL AVENUE COMMITTEE. (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. Gor- don, Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: None. 12, DUPLICATE TAX SALE CERTIFICATE STEVEN D. ROBINSON, EXECUTOR OF ESTATE OF LEO ROBINSON The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-265 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ISSUE DUPLICATE TAX SALE CERTIFICATE FOR LEO ROBINSON (DECEASEDX UPON FILING OF BOND BY CO- EXECUTOR OF ESTATE, STEVEN D. ROBINSON, IN ACCORDANCE WITH THE LAW AGAINST ANY LOSS THAT MIGHT OCCUR BY REASON OF THE REAPPEARANCE OF THE ORIGINAL CERTIFICATE. 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. 13, NEGOTIATE WITH REPRESENTATIVE OF CHAMPION SPARK PLUG CO. UNLIMITED REGATTA AT MIAMI MARINE STADIUM RE GN I ZE E FFQJ J$ OF = TVARS ET, Mr. Plummer: Mr. Mayor, on this, I would like to not pass over lightly to tell you and the rest of the Commission that Champion Spark Plug has co -sponsored this world thunderboat race now for the fourth consecutive year. They think so much of Miami and their participation in the Marine Stadium that they have increased the purses this year from $25,000 to $30,000 to attract bigger and greater boats. This is something that I think not enough recognition has been given to Mr. Lee Evans who single handedly brought this event to • The City of Miami and 1 would like to, inconjunetion with Mowing this item, be favored with making another n tion eo that Lee Evans can, in fact, get the recognition that Should and justly be due him for his work on this endeavor. 1 will move 26 now. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-266 A RESOLUTION BY THE CITY COMMISSION AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO NEGOTIATE WITH THE CHAMPION SPARK PLUG COMPANY IN REGARD TO THE UNLIMITED REGATTA AT MIAMI MARINE STADIUM, MAY 30-31 AND JUNE 1-2, 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: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-267 A MOTION DECLARING THE INTENTION OF THE COMMISSION THAT THE EFFORTS OF LEE EVANS IN THE CITY OF MIAMI PUBLICITY DEPARTMENT IN INITIATING THE CHAMPION SPARK PLUG COMPANY'S REGATTAS AT THE MIAMI MARINE STADIUM BE RECOGNIZED AT THE TROPHY PRESENTATION OF SAID REGATTA. Upon being seconded by Mr. Reboso the motion was pass- ed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Plummer: I'm going to leave it in your hands, Mr. Manager, but I'll tell you what I would like to see. I would like to see whatever this Commission is going to do to thank Lee Evans that it be done on the final day of trophy pre- sentation at the regatta. I think that would be most appro- priate. I will move that in the form of a motion. Father Gibs n, just to give you an idea of what this has done for Miami. In August of last year I was out in Colorado and I saw a Lloyd Bridges Nationwide TV program and I saw myself and my daughter on the program from the Marine Stadium of this event last year that went out to the entire nation. This thing has really been very good for the City of Miami and Champion Spark Plug is the one who has been the spark plug. So I move in the form of a motion that we give due recognition to Lee Evans at the time. 9 14, AUTHORIZE USE OP ORANGE BOWL August 17, 1974 for use of the AMerioan Legion Convention Corporation of Florida to oonduot a Drum and Bugle Corps CoMpetition and waiv- ing rental fee upon payment of necessary expenses. The following resolution was introduced by Mr. Plummer, who moved its adoptions RESOLUTION NO. 74.268 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE AMERICAN LEGION 1974 CONVENTION CORPORATION OF FLORIDA FOR THE UTILIZATION OF THE ORANGE BOWL ON AUGUST 17, 1974 FOR THE CORPORATION TO CONDUCT THEIR DRUM AND BUGLE CORPS COM- PETITION; THE CITY OF MIAMI IS TO RECEIVE $100 OR 15% OF TOTAL GROSS GATE RECEIPTS, WHICHEVER IS GREATER, AND THAT THE CORPOR- ATION PAY ALL EXPENSES INCURRED BY THE CITY FOR STADIUM CLEAN-UP, EVENT PERSON- NEL AND SECURITY. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. NOTE: The above resolution was rescinded later in the meeting. 15, Mr. Plummer: I move to defer it until the Police Chief can be here for discussion. Mr. Andrews: Mr. Mayor, and members of the Commissicn, I don't want the Commission to have a misimpression of what these ordinances do. They do not change the quality as far as the ordinance is concerned of enforcement of the loitering ordinance. That has nothing to do with those sections. This adds on the penalties in violation of the existing ordinance. It in no way touches the existing ordinance. Mr. Plummer: want) without ment that he Paul, let me tell you what I want. Ok? I question,,the Police Chief to reiterate his state - needs this as a tool to execute... I want him here for the discussion. It was his request and you put it on the agenda, so let's get him here. I move to defer 28 a&b. Mayor Ferre: Let's wait on 28. 10 APR 111974 IP • 16. AMO SEC, 30-1 FOR PURPOSE OF CLARIFYING REQUIREMENT THAT A PASS1 NAL SOCIATLtli.JIAV _A .SEPARATE., LICENSE An ordinance entitled: AN ORDINANCE AMENDING SECTION 30-1 OF THE CODE OP THE CITY OF MIAMI, FLORIDA, BY DELETING THE THIRD PARAGRAPH THEREOF FOR THE PURPOSE OF CLAR- IFYING THE REQUIREMENT THAT A PROFESSIONAL ASSOCIATION HAVE A SEPARATE LICENSE. Was introduced by Mr. Plummer, seconded by Rev. Gibson 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. Mr. Lloyd: Let the record reflect that the Commissioners each have a copy of this ordinance and that copies are available to the public. 17, AMD,SEC,39-13,1 FOR WINTER SCHEDULE AT CITY OWNED GOLF COURSES TO BE FROM DECEMBER 1 THROUGH APRIL 30 Mr. Plummer: Does this give more time or less time to the golfers? Mr. Andrews: It doesn't change the time, but it changes the winter season and the summer season. Summer seasons are less and it lengthens that so that we can compete with the other courses. Mr. Lloyd: I can streamline this if you will allow me to read the title before you move it. Mayor Ferre: Go ahead. The ordinance was read by title by the City Attorney. Each Commissioner has received a copy of the ordinance and copies are available to the public. An ordinance entitled: AN ORDINANCE AMENDING SECTION 39-13.1 OF THE CITY OF MIAMI TO PROVIDE THAT THE WINTER SCHED- ULE FOR PLAY AT CITY -OWNED GOLF COURSES SHALL BE IN EFFECT FROM DECEMBER 1 THROUGH APRIL 30 OF EACH YEAR RATHER THAN FROM NOVEMBER 15 THROUGH MAY 15, AND THE SUMMER SCHEDULE WILL BE IN EFFECT FROM MAY 1 THROUGH NOVEMBER 30 OF EACH YEAR RATHER THAN FROM MAY 16 THROUGH NOVEMBER 14. was introduced by Mr. Plumther, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 11, APR111974 • • 18, DISCUSSION OF PROPOSED ORDINANCE PROVIDING A PERMIT FEE OF $.11S.00. FOR EACH BUS _BENCH LOCATED IN THE CITY _ OF _MIAMI Mr. Plummer: Mr. Mayor, 1 would like to discuss with the City Manager. Mr. City Manager, when is the contract with the city up on bus benches? Mayor Ferre: Nine months. Mr. Plummer: You know, I really question bus benches without advertising because they are solely a public service. Now I can see where this city should derive a fee for one that has commercialism on it but I really question a bus bench. For example, in the Model City Area, the most controversial of the bus benches. Are you telling us in this ordinance... Are you telling me a bus bench there is ging to have to pay this fee? Mr. Andrews: You say a bus bench there are you talking about the covered ones? Mr. Plummer: Right. Mr. Andrews: No, those have nothing to do with it. Mr. Plummer: This says require a $15.00 fee regardless of whether there is advertising or not. Mr. Andrews: That's right. That's the ones that would be under contract and agreement that would be approved by the City Commission. Those would not include any private bus benches. Mr. Plummer: I want it on the record. All right, now. There are other places in this town where park benches or bus benches are provided without advertising. Are you telling me that you want to oollect a fee for a public service? Mr. Andrews: Yes. Mr. Plummer: Why? Mr. Andrews: Because, can you imagine the number of times that we must send an inspector in the field to verify from month to month that a particular bus bench contains adver- tising or does not contain it? It costs us just as much money to administer over those that do not have advertising as those that do. A bus bench for 1 month or a 2 week period may have no advertising on it because they can't contract for it so then at that moment it becomes a public service bench without any advertising on it. Two weeks later or im- mediately after we make our inspection that can change and the bus bench company has the priviledge of coming out and changing that from a public service bus bench to one contain- ing advertising. Mr. Plummer: I'm going to tell you something. There's a lot of bus benches in this town that are put there for the courtesy of people solely with no advertising and never have advertising and I just don't want to see us put a fee on a bus bench t)t never contains advertising and according to this, you can't do it. If a man owns an apartment and he puts a bus bench in front of his apartment for the courtesy of his apartment dwellers, according -to this he is going to 12" APR 11 1974 pay h $]5.00 fie. Mr. Andre -was Then what 1 suggest we do is increase the rate on tho6e that have theta. Mt. Plummer: The only question that I raise, Mr. Mayor, is that we are under an existing contract. Does the contract have provisions .... Mayor Ferrel Excuse me. Mr. Plummer, we've got a contract which is in effect for another 9 months. There is nothing we can do about it. Now I think, in my opinion makes a lot more sense. And Father Gibson has a good point. These benches are sometimes a service to people and if you start putting some kind of a tax on them or a fee, if you will, they may just start pulling a lot of these benches in and then what you are doing is you are taking away a feature which is really a benefit to the community. I think you are better off doing it the way you were just recommending. Mr. Andrews: Our new agreement, which we are getting into discussion of. I had not anticipated discussing it but I am happy to discuss it. Any new agreement that we would enter into would require a certain number of public service bus benches be provided along with the priviledge of ad- vertising. Mr. Plummer: You know, let me tell you something Paul. Somewhere along the line somebody has dropped the ball, all right? That man stood here two years ago or whenever this bus bench negotiation was before and that man told this commission Father, I'm sorry Ed Graham was here at the time and he said'"You tell me how many you want for public service and they're yours." Now I questioned him about 6 months ago about this. I said you know you promised this Commission certain things when we negotiated your con tract. He said Mr. Plummer they have never asked for the first bench. Mr. Andrews: Is that since this franchise has been sold? Mr. Plummer: Yes, sir. Now you know, somebody has dropped the gun. I remember him standing up there and telling me, Mr. Plummer if you are going to put a bond issue out the City will give you bus benches for your bond issues, anything that this City wants to do and I asked him a year ago. I said, you know, you didn't keep the faith with us. He said Mr. Plummer, they have never requested the first free bench. Mr. Andrews: All right, I will look into that. Of course the City Administration recommended that we make them all public service by taking it over and this is the time to con- sider that. Mr. Plummer: You find the $60,000 to do it and I will go along with it. You know there was a lot of hue and cry be- fore when Mr. Pancoast came up here and said Coconut Grove doesn't like them and we told Mr. Pancoast "Go out and get $60,000.and we'll put your bus benches out. " Mr. Andrews: That is the area that the Commission will have to weigh, is the $60,000 investment versus the advertisement that occurs Mr. Plummer: Oh no, that isn't the entire picture because we went into this before and the maintenance and the up keep on these things are tremendous. 13 Mtr. Andrews: That was taken into consideration. Mr. Pluto ert But not in the $60,000. Mr. Mayor, I would move to defer this at this time til a mote realistic proposal can be made. Mayor Ferre: There is a motion to defer until further study and Mr. Manager, if you would come back at the next meeting on it. Mr. Plummer: And I hope the City Manger will call this com- pany and tell them we want 20 free benches. A motion to defer until the meeting of April 25 was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 19, REVISE ORD, 7990 FOR CONSTRUCTION OF SIDEWALKS -REVISED TO INCLUDE CONSTRUCTION OF CURB,AND.GUTTER The ordinance was read by title by the City Attorney and each commissioner was furnished with a copy of the ordinance and copies are available to the public. An ordinance entitled: AN ORDINANCE REVISING ORDINANCE NO. 7990 WHICH PROVIDES FOR CONSTRUCTION OF SIDEWALKS - REVISED TO INCLUDE CONSTRUCTION OF CURB AND GUTTER. was introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote. AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. Reverend Gibson: Let me ask you about sidewalks. You know we had an experience in the Grove that we think that the rest of the Community can proffer from when you make those side- walks such as the machines that sweep the streets. If you make a s-curve on that walk, you remember Mr. Grimm? We could save the City a lot of money and we could keep the City much cleaner. All those sweepers do is sweep that dirt in the corner, like those flower beds. And I hope that this whole business of sidewalking would be looked at and redesigned with that in mind. That man comes by there and does a beautiful job of sweeping the street and all that business but all the dirt goes up in the corner. I would hope that the city would even look at ours the second time so that. in the long run I venture to say that in one year's time the money you save as well as the debris and dirt that is kept off of the street would pay for itself. Mr. Grimm: We've learned that lesson. Thank you, Father. Reverend Gibson: Thank you, sir. I raised it with Mr. Reese I notice we didn't get ours but I hope someday you'll put us in it. Mayor Ferre: I think that might warrant a report from you. Will you send us a copy? There might be a way of solving that. Will you look into that, Mr. Andrews? 14 APR 111974 • 20, AWARD BIB - MARINE STADIUM BOAT PIT- FENDER SYSTEM 104 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO, 74-269 A RESOLUTION AWARDING THE BID OP AMERICAN DAVITS CORPORATION IN THE ESTIMATED AMOUNT OF $7,421 FOR THE CONSTRUCTION OF THE MARINE STADIUM BOAT PIT -FENDER SYSTEM-1974; ALLOCATING THE AMOUNT OF $7,421 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS: TO COVER THE ESTIMATED CONTRACT COST: ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $742 TO COVER THE COST OF PROJECT EXPENSE: ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $222 TO COVER THE COST OF INCIDEN- TAL 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 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. 21, AUTHORIZE MANAGER TO NEGOTIATE $1 YEARLY LEASE FOR.PROPOSED ROWING CLUB AT THE MIAMI MARINE STADIUM Mr. Plutmner: Mr. Mayor, may I go on 34 and I want the Man- ager to.listen to me. Over the week end I represented you at the 7th International Rowing Competition at the Marine Stadium. They are very interested in organizing local clubs but to do this, Mr. Mayor, they must have a facility for storage of their hulls which are some 40 feet long. I would like to make a motion at this time that the city Manager sit down with Mr. Willie Borroto who is the head of the local organization to start a rowing club in Miami for $1.00 lease so that they can store their hulls over at the Marine Stadium within the fenced area. Mayor Ferre: That is a good idea. I think it makes a lot of sense. Mr. Plummer: All they are asking for, Mr. Mayor is something similar to a carport structure where they can put their hulls in and I said well, you'll have to understand Mayor Ferre: It will be more than that because they will have to lock them up. Those hulls are worth about $5000 a piece. Mr. Plummer: $4800 is correct, and I would like to make a motion at this time that the City Manager enter into negot- iations and a contract for $1.00 a year so that this club can get started. Mayor Ferre: We have a motion and a second. Now, before we 15 get started I want to know, Mr. Plummer, whether it is true or not that these rowers have made a committment to you that you are going to be the stroke on the team if we get these APR 11197 shelved going. III that right? Mr. Plummer: What did you call it, Mr. Mayor? Mayor Ferre: They call it a stroke. Mr. Plummer: Well, Mr. Mayor, I would accept that except for the fact that when we win I get thrown into the bay and that is when you are going to substitute for me. Mrs. Gordon: I have a question. Does this require for any kind of capital improvement? Mr. Plummer: All on them. They will spend their own money to build the facility. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-270 A MOTION REQUESTING THE CITY MANAGER TO NEGOTIATE A ONE -DOLLAR A YEAR LEASE FOR STORAGE OF HULLS AT THE MARINE STADIUM IN CONNECTION WITH PROPOSED ROWING CLUB. Upon being seconded by Mr. Reboso the motion was pass- ed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 22. AWARD BID_ - TRACY SANITARY SEWER IMPROVEMENT SR-5275 C AND S The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-271' A RESOLUTION AWARDING THE BID OF HOLLAND PAVING CO., INC. IN THE ESTIMATED AMOUNT OF $620,552 FOR TRACY SANITARY SEWER IMPROVEMENT SR-5275 C (CENTERLINE SEWER) AND SR-5275 S (SIDELINE SEWER); ALLOCATING THE AMOUNT OF $620,552 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $42,055 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITION AMOUNT OF $7,411 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE, PRINTING, BLUEPRINTING, ETC., BY THE CITY FORCES OR OUTSIDE VENDORS; 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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 16 APR 11 74 (• • • 23, AWARD BID . SOUTHERN DRAINAGE PROJECT E-31 The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLTION NO. 74-272 A RESOLUTION AWARDING THE BID RECEIVED MARCH 20, 1974 OF JOE REINERTSON EQUIPMENT COMPANY IN THE ESTIMATED AMOUNT OF $214,800 FOR SOUTHERN DRAINAGE PROJECT E-31; ALLOCATING THE AMOUNT OF $214,800 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $21,480 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $4,295 TO COVER THE COST OF INCIDENTAL EXPENSE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconde9 by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mr. Plummer; Under discussion: Mr. Mayor, Mr. City Manager, and Vince, now I am going to do something that maybe isn't kosher and I don't want Rose Gordon to hear this. You know we have spent an awful lot of money around her house down there and it wasn't for her in particular. We have spent an awfully lot of money on that Bayshore Drive Storm Sewers now, why isn't it doing the trick? The last heavy rain we had it was still flooded down there. Mr. Grimm: There was one previous time when I observed this too, Mr. Plummer and got out and had to wade. Unfortunately, what happened is people cut the grass and put their grass clippings and shrubbery right on top of the catch basin and until that was removed the water couldn't get into the sewer system. I don't know that this was true this time. Mr. Plummer: Well, Mr. Grimm I want assurances from your Department that if it is going to take some kind of special filter or whatever it is going to take to get it done because that one particular lame on Bayshore Drive, if we had just a small rain is the first area to puddle over. Now we spent an awfully lot of money down there to get that thing corrected and I am going to tell you that as far as I am concerned I don't think it is corrected yet, so I am hoping you will look back into it because Rose can't bring it up. She would be criticized for it and I have brought it up before and I am bringing it up again. I think it needs to be done and let's get with it and get it corrected. 17 • • 24, AWARD BID - 67,000 PERMIT APPLICATIONS FOR SLOG, DEPARTMENT The following resolution was introduced by Mr. Plummerwho moved its adoption: RESOLUTION NO. 74-273 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 15, 1974 FOR FURNISHING 67,000 PERMIT APPLICATIONS FOR USE BY THE BUILDING DEPARTMENT FROM AUTOMATED BUSINESS CONTROLS, INC. AT A TOTAL COST OF $2,045.96 AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER FOR THE INITIAL AMOUNT. (Here follows body of resolution, omitted here andron 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, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 25, AWARD BID - WORK TROUSERS AND SHIRTS FOR CITY WIDE USE The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-274 A RESOLUTION ACCEPTING THE BID OF DETROIT OVERALL MANUFACTURING CO. FOR FURNISHING WORK SHIRTS, CAPS AND TROUSERS FOR USE CITYWIDE, FOR ONE (1) YEAR FROM DATE OF AWARD, AT A TOTAL COST OF $29,214.90: AND AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, AS NECESSARY, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: Drone. 26, AWARD BID - 32' SHOWMOBILE FOR PARKS AND RECREATION Mr. Plummer: I have some discussion because I deferred this the last time. Mr. City Manager, tell me what is going to happen to the old one. Mr. Andrews: Can we wait until the afternoon when Mr. Howard is here? 18 APR 111914 • Mt. 'quasar: Ho, 1 don't need Mr. ward. Tell me what you are going to do with the old one. Are you going to dell it? Mr. Andrews: 14o, we are going to continue to use it for a variety of functions. It is used more extensively than you realize and I furnished the Commission a memorandum with its use plus the use of the new facility. The new..... Mr. Plummer: He's justified the need for the new one but I just wanted to question was there a justification for a new one and the old one. Mr. Andrews: The new one and the old one can't be compared. The one that we have now, as you are aware, will take maybe 15 people at most if you can crowd them up onto the stage. Mayor Ferre: We got more than that at Wainwright Park. Mr. Andrews: I don't think so but the new one can accomo- date up to 150 people. Mr. Plummer: All I am saying to you is,when I come to you next year you had better be able to justify the use of both of them. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-275 A RESOLUTION ACCEPTING THE BID RECEIVED ON MARCH 4, 1974 FROM WENGER CORPORATION IN THE AMOUNT OF $21,421.00, FOR FURNISHING ONE (1) 32' SHOWMOBILE FOR USE BY THE DEPARTMENT OF PARES AND RECREATION. (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, Rev. Gibson and Mayor Ferre. NOES: None. 27, AWARD BID - INJECTION, REMOVAL AND REPLACEMENT OF PALM TREES AFFECTED _WITH "LETHAL YELLOWING" Mr. Plummer: Mr. Mayor, some way or another, the City Manager has gotten confused. The resolution which I presented before this Commission was very clear and very concise and I think in particularly what I am getting at is this. It was my in- tentions that we set aside funds for the Federal Revenue Shar- ing to obliterate the blighted trees which are existing on public parkways. We cannot do anything on private property. To me it is much more important to get rid of all of these other trees which we are told in fact infect other trees. Now as the bid was let by the City Manager, it not only in- cludes the removal of affected trees but somewhere or another it went further. That further is to inject other trees, to replace other trees and I am just scared, Mr. Mayor, that the cost of $50,000, we are not going to be able to get rid of 19 • s all Of the old ores which I think is the first priority. Now there ie a price in there for removal and at this time, Mr. Mayor, I have the minutes if there is any question in anybody's mind. I would like to move, Mr. Mayor, at this tiitte that the full $50,000 be allocated for the removal of the affected trees.on public property. Mayor Perre: It is a motion and Mr. Lloyd, you prepare the resolution and we will pass it this afternoon. Rose, this is a motion that the full $50,000 be expended for the removal of destroyed palm trees on public property, City of Miami for the blighted trees. Mrs. Gordon: And discontinuing the injections? Mr. Plummer: No, it is not discontinuing because we never had it. The state did some of it Rose. But as we are told that the trees that are there now and blighted do disease other trees and to me the important thing is to get rid of them immediately. Mrs. Gordon: In other words, give priority to the.removal of them. Mr. Plummer: That is correct. Mayor Ferre: That's the motion and the second. Call the roll. The followif motion was introduced by Mr. Plummer, who moved its adoption: A MOTION ALLOCATING $50,000 FOR THE REMOVAL OF AFFECTED TREES ON PUBLIC' PROPERTY. 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 Mr. Plummer: How soon can this start? Mr. Andrews: Almost immediately. Mayor Ferre: That wasn't 41, Mr. Clerk, you understand that. That was a separate motion made by Mr. Plummer. Mr. Plummer: No, that was 41. Mr. Andrews: There is confusion here, and I would like to as:4st the Commission. We are going to do exactly what you are prescribing in your motion and I might suggest that you take that motion and treat it separately from 41 because 41 goes beyond the way we are going to spend the $50,000. The other items are put into there principally for the private home owner who we can go to and start a campaign with the home owners to remove the trees from the private property and say the city is taking bids and you can take advantage of these bids. Mr. Plummer: Then you've got to re -write Mayor Ferre: This is the acceptance of bids received on March 20th by these firms, Melrose and other ones for the .n c ion removal and replacement of the palm trees with etnaj. yellowing and set forth in detail---- 20 APR 111974 op Mr. PluMMert Where is the $50,000 coming from' Mr. Andrews: Prom Federal Revenue Sharing Funds. Mr. Plummer: Mr. Andrews, for $50,000, I question that you are even going to get all of the old ones removed. Mr. Andrews: Let's not get that mixed in with this resolut- ion awarding this bid. The awarding of the bid provides for contractors to be responsive to the City and when we call up- on them with our $50,000 the first priority will be the remov- al of trees. There are other provisions in this award that if a private party, you at your home want your tree removed you can get Melrose to come in and do it and you know what the price is. Mr. Plummer: We understand each other. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-276 A RESOLUTION ACCEPTING THE BIDS RECEIVED MARCH 20, 1974 FOR FURNISHING INJECTION, REMOVAL, AND REPLACEMENT OF TREES AFFECTED BY THE DISEASE KNOWN AS "LETHAL YELLOWING" FROM BOYD'S PALM BLIGHT CONTROL, TRIPLE A TREE SERVICE, RUSSELL, INC., MELROSE HURSERY, AND NATIONAL TREE SERVICE AT A COST OF APPROXIMATELY $50,000 FROM DATE OF AWARD TO SEPTEMBER 30, 1974, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING D].'VISION TO ISSUE PURCHASE ORDERS, AS NECESSARY, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by 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. 21 APR 111974 281 AWARDAID ,."` .CARD FILES The following resolution WAS introduced by Mr. Plusener, **beloved it adoption: RESOLUTION NO. 74--277 A RESOLUTION ACCEPTING THE BID RECEIVED MARCH 8, 1974 FROM BARNETT'S OFFICE SUPPLIES FOR FURNISHING SIX (6) 3" x 5" ELEVEN DRAWER CARD FILES, FOR USE BY THE RECORDS AND I.D. SECTION OF THE POLICE DEPARTMENT, AT A TOTAL COST OF $1,764.00 AND AUTHORIZING THE CITY MANAGER TO IN- STRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER FOR THE TOTAL AMOUNT, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE (Here follows body of resolution, omitted here and on file in theCity Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 2 , PUBLIC HEARING - REQ,HELICOPTER LANDING AREA AT LEGION MEMORIAL PARK DY THE PALM BAY CLUB Mr. Andrews: Mr. Mayor and members of the Commiss:don, may I add some information so there is complete understanding as to what you will accomplish today. The matter before you, will not have anything to do with zoning requirements or conditional use. The matter before you at this time is for you to make a decision as to whether a heliport should be installed in the American Legion Park, and if such a decision is reached, of necessity it would need to be a publicly operated heliport, and there are some additional requirements you should be aware of. Mayor Ferre: Let the record reflect that Mr. Andrews has informed us, if a heliport is established at this property, it would have to be a publicly operated heliport. Mrs. Gordon:I want to ask you a question Mr. Andrews regarding the statement you have made and also regarding the matter that this is positioned on the City Commission agenda without ever having gone to the Planning Board. Mr. Andrews: This is proper, that it be before the Commission at this time without going to the Planning Board because the Commission must first make a decision whether it wants to place a heliport in the Park. After you make that decision, then it has to follow a complicated process of going to the Planning Board, federal aviation people, the State Board, they hold hearings, but the decision must be first reached whether you want the park used this way. Mrs. Gordon: Wouldn't it be more proper to have a hearing before the Planning Board, for the Planning Board to make a i 22 APR 111974 recommendation as well as, with other things they make recommendations for public improvements, Mr. Andrews: No because they would not pass judgment on some additional information that I must pass on to the Commission, you have to make a policy decision first. Mayor Ferree All right, Mr. Andrews, the chair is going to rule, we are going to hear this case, and I'll recognize the attorney, go ahead sir. Mr. Richard Katz: I am Richard Katz, of Katz and Rosen, 2951 S Bayshore Drive, attorney for the petitioner. The petitioner is before the honorable Commission this morning attempting to construct a public heliport upon the property in question. Do you all have copies of the pictures showing where the property is? The property in question is presently located in front of the Dade County bulkhead line. ironically enough the property was originally placed there by the petitioner herself. It -came from excavation of the adjacent Palm Bay Towers condominium building. The petitioner is presently seeking to construct a public heliport on the area in accordance with the requisite regulations as promulgated by the Florida Dept. of Transportation. I might add that two members of the Florida Department of Transportation are here today, and will make statements to this Commission, in reference, one, the desirability of the area for such use, and two, the growing need in the area for such a type of operation. Presently the petitioner has City approval to use its own grounds for helicopter landing, however, upon conferging with the various individuals from the Florida Dept. of Transportation, the petitioner has decided that it would be in the public interest both for safety, public good, health welfare to establish a public heliport in Legion Park. Naturally the petitioner would pay all costs necessary for construction of same, and would also maintain same for so long as it is used for a heliport. At this time I would like to call upon Mr., Duke Kimbrough of the Fia. Dept of Transportation will present to this Commission his findings in reference to the area. Mayor Perre: Mr. Katz, if I may, for the record I want to clarify so we all understand what has to happen if this commisellea were to vote favorably on your request. As you know, Legion Park was funded through Urban Renewal funds and we got these federal funds, --there are some requirements, and I want to read this into the record. This is the contract that was signed between the U.S. of America, Housing and Home Finance Administrator, and City of Miami, dated May 20, 1964 : 'The U.S. of America Housing and Home Finance Agency contract for grant to acquire open space land under Title 7 of the Housing Act of 1961, Part I, program No. Fla. OS- 5 contract No. Fia. OS-5G. On the second page, it reads as follows:" The public body agrees to retain said land for permanent open $pace purposes, and the open spaces uses of said land shall be specifically, park and recrational activities and uses compatable with maintaining the open space character of the land involved, conservation and scenic or historic purposes." it is limited to that, and the grant was for $1,183,600.00. Now for us to use this property in any other way, we have to petition the federal government for permission to use the park in other than what is designated on the document. Let me further say, this is only with regards to this particular agency of the federal government. Now, in addition to that I would like to ask Mr. Andrews to specify for the 23 APR 111974 record, bow many other agencies we would have to go through to get permission to do this. Mr. Andrews: After a decision is reached here, if one is reached favorably to consider installation of a heliport at this location. then the matter would have to be referred back to the Planning. Board, and then come back before the Commission as to the use of the land, once the proper zoning or conditional uses have been applied, then application would have to made to the State and Federal Government to install such a facility, and the State also holds public hearings prior to their rendering a decision, so that is the process we would have to follow. Additionally I would like to indicate that from our knowledge. there is no valid permit to land helicopters on private property at the Palm Bay Club. These processes which I have described have not been completed at this stage. Mayor Ferre: I just wanted to get that clear so you understand where are are at. Mr. Katz: Has the Commission already determined that the use for which the petitioner is seeking, that being a public heliport facility does not fall within the purview of that federal grant? Mayor Ferre: I think that has been determined by the Manager. This is an interpretation Mr. Katz: I believe you mentioned the words 'open space' and, --- Mayor Ferre: It is the opinion of legal counsel as I understand, and the Manager, that this document would require us to petition the federal government for permission to use this property in any other way, which means a heliport obviously. Mr. Lloyd City Atty: This is the first time I have been asked for an opinion, --•-this is the first time I've heard of this, but this morning I was apprised of the possibility that I would be asked for a legal opinion and my office staff is checking it preliminarilly. I can tell you this much, a preliminary check indicates that there is doubt in my mind at this moment as to the legal feasibility of entertaining the fact of a heliport on this property because of this type of federal grant. The general law is, where either money is afforded to a municipality, or gifts of park areas are given to municipalities, that they must use it for the purpose which was involved in the gift, and a purpose which is either contrary inimicle, or outside the scope, of such a contemplated use for park purposes is generally prohibited. I cannot at'this time due to the recent time in which I was informed of this, which was just a few moments ago, make a definite commitment in this but I can tell you I do have some doubts. Mr. Plummer: Mr. Mayor, there is no question there is a gray area. I think it is only right that Mrs. Dinkler has offered and rightfully so, if she wanted the heliport there to pay for it, I think it is only right and so Mrs. Dinkler should bear the expense of going through the procedures of finding out if it is possible, so I would make the motion today • 24 APR 111974 that this item be deferred until Mrs. Dinkier has had the opportunity through counsel to petition the federal govern- nt to see whether or not it is feasible under an open grant. I don't think the City should be put to the expense of going through all the legalities of this. I think what should be done, is Mrs. Dinkier, if she request it, she be put to the expense of getting all the legalities straightened out first and if it is an affirmative answer, then come back before this commission and we can consider it, until then, I don't think we can +:onsider it. Mayor Ferre:It doesn't make any difference , just a letter tothe federal government. That is no problem. Anything you want to say Mrs. Dinkier? Mr. Katz: I would like to at this time, your Honor, read one letter into the record, if I may please. Mr. Plummer: Mr. Mayor, that was in the form of a motion. Mayor Ferre: There is a motion on the floor, is there a second? Mr. Reboso: I second the motion, Mayor Ferre: Is there further discussion? Mr. Plummer: Under discussion I would like to hear from counsel. Mr. Katz: Thank you, it is on the City of Miami. Mayor Ferre: Wait a moment now, are you going to speak to this point? Mr. Katz: Excuse me, Mayor Ferre: He says under discussion, he took the prerogative of saying under discussion, --- Mr. Katz: My letter is not addressed to that particular point. Mayor Ferre: Then don't talk. Is there any further discussion on the motion? Mrs. Gordon: Mr. Plummer, would you like to defer your motion until after we hear, --- Mr. Plummer: I would like to know where the Mayor has made the ruling that under discussion he is going to speak to the heliport, that he can't be asked to speak. Mayor Ferro: No, J.L. all I am saying is, you made a motion, and we have a second, and if somebody wants to discuss something in reference to the motion, I'll recog- nize them. He is going to read something into the record that has nothing to do with your motion. Mr. Plummer: What you are reading has nothing to do with the heliport? Mr. Katz:Yes it does, ---- Mayor Ferro: Wait a moment, the motion was that this APR 111974 25 Matter be investigated, and a utter be written at the *Vpenee of the Pella Bay Club. Mr. Plummer: I said all legalities. Mayor Ferre: -r---legal expenses,. --- Mr. Plummer: Lets go ahead, just wait, I'll call the motion. Mayor Ferre: Any discussion onthe motion. Mrs. Gordon: I think the motion ought to be deferred until after we have heard all discussion, then we will decide if we want to go that route or not. Mayor Ferre: The motion in the long run may not mean anything, but I don't see it does any harm, to this, one way or another, so I have no objections, ---- Mr. Plummer: A11 my motion is saying Mrs Gordon is, any cost or time involved be borne by Mrs. Dinkier. Mrs. Gordon: ---interpreted then, as some sort of agreement, ---- Mayor Ferre: No, this is a request by this Commission or mandate that they bear the burden of talking to the federal government to get a permit under open Mr. Plummer: In other words she is going to do the leg work , not our legal department? Mayor Ferre: Any further discussion, call the roll please, Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: 243TION NO. 74-278 A MOTION TO DEFER CONSIDERATION OF THE REQUEST OF THE PALit BAY CLUB FOR PER- MISSION TO ESTABLISH A HELICOPTER LANDING AREA AT LEGION MEMORIAL PARK PENDING THE APPLICANT OBTAINING DECISION FROM THE PROPER AUTHORITIES AS TO WHETHER SUCH USE WOULD BE POSSIBLE ON THIS PROPERTY Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Lebow), Rev. Gibson, MayorFerre. NOES: None. Mayor Ferre: Now, read your letter into the record. Mr. Katz: Thank you, as I was saying, it is on the City of Miami Florida letter head, dated Jan. 29, 1974, Mrs. Connie Dinkier, c/o of the Palm Bay Club, 1 Palm Bay Court, Miami, Florida, Dear Mrs. Dinkler: "It has been brought 26 APR 111974 to our attention that a helicopter has landed in Legion Park and discharged passengers on the following dates aid tries, approxisiately 2 PM on the 24, 25 26 of January 1974, and another landing was made at 10 AM on the 28th. All of these landings were observed by Parks and Recreations personnel. Other landings were observed by area residents who also informed this office. We are aware of your permit for a helicopter landing pad in Palm Bay Club, but landings in the park are expressly prohibited, as this endangers the life and limb of citizens using the park. Had you or your staff contacted us prior to your affair, and asked our permission, arrangements might have been made to accomodate you. but we are forced at this time to contact the Police Department and the Civil Aeronautics Board to clear up this matter. We are assuming you ar4s not aware of this problem, and would like your assistance in rectifying this situation. Sincerely yours, Albert H. Howard, Director of Parks and Recreation.' The purpose of my reading this into the record is to take issue to the statement proposed to this Commission that there is no permission to land helicopters at the Palm Bay Club. Mr. Andrews; Mr. Mayor and members of the Commission, may I clarify that? The City Atty wants to add comments to that, with all due respect to Mr. Howard, Mr. Howard is not in position to grant permits for the landing of helicopters, and all I am saying is, I have no evidence within the City that the processes that should be followed in order to gain permission and actually have a valid permit to land helicopters on private property, I have no evidence that this has been followed. Mr. Lloyd: I was going to reiterate what the Manager said that the letter fromMr. Howard is not indicative one way or another of whether there is permission, it is only indicative of his knowledge. Rev. Gibson: Let me ask, aeroplanes and some of these other things are new to me, --I want to raise this question so my fellow commissioners can educate me this morning, -- where would a helicopter fit in a park? Mr. Plummer: We have about seven thousand people out here who says it won't fit in a park. Rev. Gibson: What I am really trying to ask, indirectly is,are we wasting time. Isn't this an exercise in futility? I'll tell you one thing, if I were living there, and if I were using the City Park, I'd be scared to death if I knew helicopters were landing. (applause) Rev. Gibson: I don't have anything to do with what happens otherwise. i am trying to understand, how a helicopter will fit into a park. Is that the park we just dedicated? Mayor Ferre: Mr. Katz, you get the sense of this Commission. In the interest of time I would appreciate it, if Mrs. Dinkier wants to say something, or anyone else, so we can move along. 27 APR 111974 Mr. Katz: Based on the Commission's statement, I would at this time propose to place into evidence some of the information you might gain from the Dept. of Transportation who did come in from Lauderdale for this hearing. Mayor Ferret With all due respects to you, you can introduce all that information, you are just going to take up a lot of time here. I don't mean to tell you how to run your business, but Mr. Katz: Based on the petitioner's statement, we would at this time then, propose to withdraw the request. Your motion however, pending, --I believe Mr. Plummer brought up, that motion is still binding I presume? Mayor Ferre: Sure you can write the federal government anytime you want, in any way, as a private citizen, -- Mr. Katz: We will withdraw this only in so far as putting on the presentation here today. We will take further steps iLth federal agencies so as to see their opinions. Rev. Gibson: Let me raise another question please. As a member of the Commission, ---I hope you are not going to ask them now, giving the impression that we want it done. Mr. Katz: I would not think of such a thing. Rev. Gibson: I want to make sure, I write letters daily. and I know how we can write them, I want for the sake of the record, Theodore Gibson doesn't want you to write, giving the impression that I as a member of the Commission, is in anyway inclined to want to do this. I want the question raised independently of us, and then which gives us the right at a later time, when we deal with the agency, if we want to say no, we say no. Mr. Katz: I would be glad to submit any proposed letter to the City Atty prior to being posted. Rev. Gibson: Let me say, the City Attorney doesn't vote for me, you had better let me see the letter too. Mr. Katz: Fine. Rev. Gibson: I am concerned. I'm like Bill Beggs, who went to a lawyer to write his will, he told me, and the lawyer was telling him about the language you ought to use. Be said you know I do know how to write, and I know English, counsel, I'd appreciate it if you let me see the letter. I want to make sure you don't give the impression that we have prejudged and all we need, if they say yes, we are going to vote yes. See what I mean? Mr. Katz: Yee. Mrs. Gordon: Will the Clerk please re -read to us the motion that we passed before? Mr. Southern City Clerk: --'That this item be deferred until the applicant has had an opportunity through counsel to petition the federal government to see whether or not it is feasible under an open space grant'---- 9Q APR 111914 Mr: Pluer: NO, it possible, through their legal staff, ---is it possible to be granted, because I think we are spinning our wheels here, we have already been told by our counsel that it is not possible, and before this Commission as far as I am concerned, can even begin to enter into an discussion, the legality problem must be answered, and I think we are just spinning our wheels. Mayor Terre: In other words, we4re in a chicken and egg situation. I think you understand. Then is nothing to vote on here. Mr. Plummer: Mr. Mayor, the motion has been passed and I want to once again reiterate, --until the legality problem has been settled, ---- Mayor Ferre: J.L. you have already said that. Everybody understands. Mrs. Rockafelier : Mr. Mayor may I just say one thing to the motion. In this letter, as Rev. Gibson so aptly put it, we do not want this letter to infer that anybody in the N.E. is in favor of this either. Mr. Plummer: Well, Mrs. Rockefeller, let me tell you something, they can infer all they want in that letter, but we are going to get a copy of it, they can put the facts down, if they are smart that is the way they will handle it, and that is the way we will handle it. Mayor Ferre: Thank you very much for coming here this morning. I am not going tovrecognize anyone else, say it and say it quickly. Mr. A.A. Troiani: My name is Albert A. Troiani. I have been a member of the American Legion for 56 years. One time I was a member of the Seeds Post . Mayor Ferre: We are a half hour late. Mr. A.A. Troiani: All right, may I offer this' suggestion Mrs.Dinkler represents a wealthy group, is that correct? Mayor Ferre: That has nothing to do with it. Mr. Troiani: Why can't she build a platform in front of her property on the water there? Like the oil companies, build a platform over the water. Mayor Ferret There is Mrs. Dinkier, recommend it to her. Thank you for your thoughts. 30, OBJECTIONS TO CONFIRMING ORDERING RESOLUTION FOR BAY CREST HIGHWAY IMPROVEMENT H-4373 Mayor Ferret Are there any objections present. Mrs. Gordon: Ne have a letter here with a petition from objectors. Mayor Ferre: I want to see how many are present here. The objectors on the 10:00 o'clock item. You are an objector. 29 APB i 1111/4 Unidentified person: Yes. Unidentified person: I am for the project. Mayor Ferret Who is for the project? All right Annette. Mr. Plummer: Let the record reflect that Eisenberg is here in favor of something for a change. Mr. Grimm: Mr. Mayor and members of the Commission, this is a highway district initiated by a request of the property owners in the area. This is generally a single family area. from 79th street north to City limits, and from 10th Avenue east to the Bay. This shows you the general area under consideration. As a result, of our lettere and meetings we have received several objections. The properties you see colored in red are those that object. The properties you see in green are in favor of it. Most of the petitions we received didn't come in until yesterday, as a result I would like to recommend to the Commission that the following streets be deleted--N.E. loth Ct., from 86 to 87th streets, N.F. 86th St. from 10 Ave. to 10 Court, N. E. 82nd Terr. from loth Ave. to Bayshore Drive, N. Bayshore Drive from 82nd to 83rd and N.B. 81st from loth Ave. to Bayshore Dr. the deletion of these streets won't have any effect at all on our rebuilding the rest of them. Mr. Plummer: Does that remove all the objectors? Mr. Grimm: There is a lady here saying she is on 84th Street and she is an objector. Before this time I had no knowledge of it. Mr. Plummer: Did you bring in a letter stating you were an objector? Unidentified person: No I didn't know I had to. Mr. Plummer: Wern't you sent a letter that the improvements were going to be made? Mrs. Charlene Meyer: I am Charlene Meyer, I live 1100 N.E. 84th Street. I had a meeting at my home to w hich Mr. Campbell was present, and it was the first time that he acknowledged the fact that this was going on. Mr. Plummer: Let me ask you a question. Why are you objecting. Mrs. Meyer: Because about 7 years ago, I am not sure of the date, we on 84 street knew we had.a problem, we paid for our own storm sewers, we have sanitary sewers, z am paying off that same 10 assessment now, I pay more for the sanitary sewer on my water bill, than I do for my water. Mr.?Plummer: This is improvements to the street, not the sewer. Mrs. Meyer: We don't need any improvements on 84th Street. We have already had them, we are paying toff now, 30 APR 111874 /0 Mr. pluM er: Mr. Grimm, she said she already had the iMprerVmMent, Whet do you say? Mr. Gritmm:She isn't paying off a street improvement. Mr. plummer:Does the street need improvement? Mr. Grimm: Yes, t wouldn't be here if I didn't think they didn't. Mr. Plummer: Are there sidewalks, gutters? Mrs. Meyer: No sidewalks are proposed. Mayor Ferre: This is the same old problem. Ladies arid gentlemen, there isn't one of these things that wed, we don't have citizens come up like you, concerned, they are worried about, they don't want the extra expense. I can't help but sympathize completely with you. On the other hand, it is one of these things, is it the welfare of the individual or the welfare of the community at large. Mrs. Meyer: We were not notified in ample time. You had a meeting on the 14th, and we found out on the 18th of March. Also, if they are deleting anything, we would like our street deleted. This is simply it. Mayor Ferre: I am not saying how I feel about it at this point, but we go through these meetings all the time, when the citizens say I don't want my street improved, I like the street the way it is. What happen when it rains and floods. 'Well I don't mind it,' ---that is my problem, ---- Mrs. Meyer: We had a problem and we relieved the problem and we are paying off, I'll give you a copy of what I paid this year, and I don't need any thing, --- Mr. Plummer: It has no bearing on your water bill. This is street improvements. Mrs. Meyer: They cannot improve the street much more than it is. If you look at the area you would realize it. We are in a low area, we have a lot of water around us, if you are deleting, it is more important to delete 84th Street, that is now paying off an assessment Mr.Plummer: How many here are objecting? How many of you people attended the meetings held by public works. Did any of you avail yourselves, Unidentified person: Nobody knew about it. Mr. Plummer: Did any of you attend the meeting? Unidentified person: I would like to call your attention to a petition which, the subject matter of the petition I believe is directly aimed at your question. The petition merely asks this. It is not an adversary position at all. It says that the answer to your question is, the people in the neighborhoods feel they are given an inadequate amount of time, the meetings are held in a difficult place and time to attend. i think the answer to your question may well lie in better research as to 31 whether the people in the neighborhoods want these in advance, second there ought to be more notice, and third the time and places of meetings ought to be directly aimed at answering these questions so when these meetings are held, the majority of the people in the area do not wind up here objecting. Mr. Plummer: Mr. Mayor, I am going to make a motion, since there are a good number of people here who are concerned who have not been taken into consideration, I think we have to put it back out to a public hearing in the area, they have already held two, ---all right three, ----I make a motion this item be deferred until the lst meeting in May, and that in the interim time, that public works and the administration hold a meeting in the general area, convenient to all, at a time convenient to all, for the purpose exploring this in its entirety. Mr. Grimm, where were the last meetings held. Mr. Grimm: The last two were in my office. Mr. Plummer: Where would be a convenient place to hold these meetings? Mr. Grimm: We did go into the neighborhood one evening. Mr. Plummer: Is Legion Park convenient for everyone? Mr. Grimm: That is the closest. Mr.. Plummer: How about the 18th you hold a meeting. The 18th agreeable? of April, a week from today. What time Mr. Grimm? 8 P.M. agreeable? Mr. Grimm: Yes. Mr. Plummer: ----that a meeting of this nature be held on the 18th of April at 8 PM at Legion Park. Don't let me hear anybody say they didn't know about it. Legion Park is at 66th and the Blvd. Mayor Ferre: Is there a second? There is a second, any further discussion on the motion? Rev. Gibson: I want to say to my fellow citizens, I live inthe Grove, and for years I didn't know what it was to have decent streets, say nothing about sidewalks. People in the Grove, a goodly number of us, have a peculiarity, that's built in against sidewalks. I want to tell you this, after we built the streets in the Grove , and developed those sidewalks prior to that time we were notorious for not keeping those streets, we developed a sense of pride. I want to go along with the time element we heard. As I have discovered all the years here, all the months I have been here, people just don't like to make improvements, and I can understand that , I don't either. I want to tell you ladies and gentlemen the streets and sidewalks are kinda of nice to improve the City . Mr. Plummer: Let's don't discuss it now, that was the reason for deferrment. 32 APR11197 Rev. Gibson: The point I make is, ---I am saying streets end sidewalks and sewers are nine to improve the City. Even if it is only improvements of a street, I want to promise you this, you will discovet that is a necessary addition to any City to make the City iivable,and enjoyable. Mr. Plummer: Mr. Mayor it is the request of the Public Works Dept. that since everyone should be notified, to make it the 25th of April and that gives plenty of time. Mayor Ferre: The motion is now the 25th, is there further discussion on this motion. Mr. Plummer: Yes one other item, I don't want the record to reflect in any way but in utmost praise that Public Works has done their job, they have already held two meetings, because so many people ere not able to avail themselves of this, is the reason we.WtLi.hold another one. Mayor Ferre: Call the roll, Thereupon the following was introduced by Mr. Plummer, who moved its adoption: A MOTION TO HAVE A PUBLIC HEARING AT 8:00 P.M. AT LEGION PARK ON THE 25TH OF APRIL FOR OBJECTIONS TO CONFIRMING ORDERING H-4373, AND THE CITY COM- MISSION WILL HEAR OBJECTIONS TO CONFIRMING H-4373 AT THE MEETING OF MAY 9, 1974 Upon being seconded by Rev. Gibson, passed and adopted by the following vote Mr. Reboso, Rev. Gibson, Mrs. Gordon and None. the motion was - AYES: Mr. Plummer, Mayor Ferre. NOES: Mr. John Schmidt: My name is John Schmidt, I live on 81st street, on the basis of the signatures that I was able to receive for the objectors, the engineering department has deleted, ---requested the deletion of 81st Street, 82nd Terrace and Bayshore Drive, are those Streets still in the proposal, or do we have to go through that all over again? Mr. Grimm: As far as I am concerned, my recommendation is honored by the City Commission and those streets are deleted. I am not going to sponsor those anymore. Mr. Schmidt: The majority of the residents of 85th Street have signed this one. Will you please tell us which streets are deleted for the record. Mayor Ferre: Mr. Grimm for the record, and for everybody present, would you tell us what streets have been deleted, so it can be duly noted? Mr. Grimm: Yes, I'll read them off again, and we will show you on the map. N.E. loth Ct. from 86 to 87,--N.E. 86th St. from 10 Ave. to 10 Ct.,--N.E. 82 Terr. from 10 Ave. to Bayshore drive.--N.Bayshore Dr. from 82 to 83 Street and N.E. 81st St. from 10 Ave. to Bayshore Drive. Mr. Mayor if I may I'd like to ask if that doesn't with the exception of this lady, take care of all the objectors. Mr. Robert Golden: My name is Robert Golden, 1030 N.E. 86 Street. One of the deletions is on the street where I live. Nevertheless Mr. Mayor, I went around with the petition to 33 APR 111974 My ttai.ghbore on the portion of the street which has not been deleted. and they expect me to be here today to object oh their behalf and I feel duty bound to do so. and therefore there is an objector from areas other than those that have been deleted. Mayor Perre: It is duly noted on the record. Mr. Nathan Goodkin:My name is Nathan Goodkin, I live at 1020 N.S. 85th. Mayor Perre:Mr. Goodkin if you give the Clerk the naives you have in your -petition, they will be duly noted on the record. Mr. Nathan Goodkin: I have given it to them, but we want to set the record straight due to the fact we have our letter, calls for a delay, we also want to have the names who do object, --two streets and we would like to have deleted from, Mayor Ferre: That is not going to be decided today. Annette Eisenberg; My name is Annette Eisenberg, I live at 1180 N.E. 86 Street, ---- Mayor Ferre: Come on Annette, ---- Annette Eisenberg: I just want to stress, this gentleman said other people on 86th Street, before you take any of these objectors into consideration, please take the human element living in the City of Miami. These streets sit with water. You cannot drive through them. Mayor Ferre: Mrs. Eisenberg, we are going to have a public hearing on this, and you will be there I know. Annette Eisenberg; I will speak then, you know I will. Mayor Ferre: And on the llth of May we are going to have another hearing here, and I know you will be here, ---- Annette Eisenberg: You'd better believe it, ---- Mayor Perre:. ----and I'll recognize you at that time. Mrs. Eisenberg: Thank you Mr. Mayor. Mayor Perre: Mr. Grimm, has a final decision been made on the deletion of 86th Street? Mr. Grimm: 86th Street from 10th Avenue to 10th Ct. is my recommendation, not east of loth Ct. Mayor Ferre: Unless anybody has any major objection, we usually follow the recommendation of the administration. Come back on the llth, thank you very much ladies and gentlemen. 34 APR 111974 T 31, STATUS REPORT: BI-CENTENNIAL PARK - REPORT BY MAYOR FERRE ON NEGOTIATIONS WITH THE F,E,O, Mayor Ferret Ladies and gentlemen, for years the citizens of Miami have dreamed of having a complete and beautiful park at Bayfront Park in downtown Miami. Unfortunately, a private sector owns a large segment of the area that we want- ed for a park. One of the large segments, about a 34 acre tract right next to the Miami Port is owned by the F.E.C. Railroad. We went to court on this matter to take the property. We found out that it wasn't quite that simple because there were some legal rights of eminent domain that were involved. We went to a lower court and we lost. We went to an appellate court and we won most of our argument but we didn't win it completely. It was referred back to a lower court. The matter, as I understand it, the supreme court has been request- ed to take control, or to accept, certiorari is the legal word on it. And they have not ruled on that yet. I under- stand that beyond the state courts this is a constitutional matter and it might go to a federal court. It is the intent- ion of the F.E.C. to take it to the federal court. In the meantime the people of Miami voted in a bond issue to im- prove that park site. Because of the legal confusion, be- cause of the time lag, because of the concern that we all have that as time goes on the property values increase and therefore, we do not know how much this 34 acre park might cost and because we have already gone to the expense of fill- ing our port which is about 40 acres and this property sits right in the middle of what would be Bayfront Park, it was -ny conclusion that we should try to negotiate a settlement on this matter. Now Mr. Paul Andrews and I have gone to Jacksonville twice. We have met with Mr. Edward Bali three times. We have met with Mr. Thornton, the President of the F.E.C. Railroad Company four times. Now this week, we came to what we thought was a reasonable conclusion after these 7 sessions, or 5 or 6 sessions of negotiations and we think that this is something that is reasonable enough at this point and is in enough of a buyable package that we want to present it to the Commission for deliberation. In essence, if you would open the map, I think we could follow it a little bit better. In essence, in its simplest form, let me ex- plain what ends up happening. We end up splitting Biscayne Boulevard in a north- south direction and in a south -north direction. We then end up with a park which would be approx- imately somewhat under 50 acres that would go from causeway to causeway because the triangular piece on the left side belongs to the state already. The F.E.C. property would keep the property they presently own between both extremes of the new Biscayne Boulevard which would be close to ten acres. They would in addition get because it now belongs to the City about 4 to 5 acres at the other extreme. The City of Miami would give to Metropolitain DadeCounty the Lunnnus Island property that we presently own. That's the island between Dodge Island and Fisher Island. Now the reason why that becomes important is because Lummus Island is part of the master plan for the future of Dade County. Now they would consider then giving to the F.E.C. Railroad property at Dodge Island which would then be sufficient for the trailer system or these roll -off, roll-on trailers to be accomodated at Dodge Island. I want it to be clear that the F.E.C. would own the title to the property that they would get at Dodge Island as they do now in this area. It is our hopes that we would then end up with sufficient monies and I don't want to specify how much money because we don't know yet, but z would hope that it would be well in access of ten Million dollars out of the fifteen, or perhaps fifteen million. We just do not know how much it would be. With which to fin- alize the beautification and improvements that are needed to make this truly an outstanding park. In resus4, here is what we are saying: The City of Miami would end up with a 50 acre park which would be approximately 1500 feet deep and around, close to 4000 feet in length. It would be close to 50 acres, It would be uninterrupted from causeway to causeway and it would tie into the existing park. The area that the P.E.C. property would keep which would be approximately 15 acres between the new Biscayne Boulevards would be zoned for resi- dential high-rise, hotel and whatever minor commercial would be compatible with hotel and residential. It would be our hope that within a few years we would have major residential and hotel projects going up on that property to increase the tax rolls and to further improve that whole area and by that time we would also have an improved park. We would get the trailer operation out of there. It would be at Dodge Island where it should be and Metro would end up with, the Port would end up with Lummus Island or the portion of Lummus Island owned by the City of Miami. Now I would like to point out that this has not been an easy negotiation. That as can be imagined, Mr. Ball is a hard trader. What you see is the results of many many hours of discussion and trading. It looks rather simple. I hope it is acceptable. I want to tell you that Mr. Andrews and I tried every trick that we knew in bargaining and trying to get the maximum advantage or other features that would be as compatible with our over- all plans. What we have'arrived at here is in my opinion, the best that we could achieve under these conditions. I might say that I strongly recommend this to this commission. #1. It gives us a park now rather than 5 years from now. #2. It solves a very difficult problem of a commercial oper- ation in the bay. #3. The park that we would end up with which is 50 acres is an exceptionally fine park. I do not think that the additional ten or fifteen acres would make that much of a difference or an improvement on the park. #4. It would permit us to have a substantial amount of money left to be able to properly develop the park because I think it would be tragic for us to end up, five years from now with all of the F.E.C. property, not be able to pay for it or have to pay an additional ten or fifteen million dollars or whatever it would be for it and in addition to that, not have the monies to develop it. In this way, I think that we can achieve not perfection, but a compromise which in my opinion would be acceptable to the majority of the people of this community and would get us going. Now Mr. Andrews, Mr. Andrews: I would like to comment on one area which I know that you were and Mr. Bali and Mr. Thornton were com- pletely aware, that this plan is conceptual in nature at this stage. It is only to get a concept so that we can be- gin talking about what would really take place in plan. As an example, Biscayne Boulevard is located where it is because based on the information that is available it seemed reason- able as far as adjustment of trade off of lands but those trade-offs, and they recognize this would be dependent upon appraisals being made and other considerations taken into affect and that roadway may, in the final plan move down further to the west and loobc like this. I wanted to empha- size that this is conceptual and it is in principal so that additional detailed discussions could take place then to re- fine the plan and appraisals would be made and all the pro- tection that the City could anticipate would come forth as well as the interests of the F.E.C. 36 APR 111974 Mayor Ferre: Mr. Andrews, would you point out there, because I forgot to mention it What area the City of Miami would be getting from the F.E.C, Mr. Andrews: Yes. The P.B.C. tract is this total portion that which would be exchanged is thie portion here, which is mostly water with some land at this portion. Mayor Ferre: But they have a permit to fill. Mr. Andrews: Yes. The reason that I want to indicate the importance of this line is that the F.E.C. has received per- mission to fill this property. They are now under way with final plans for the filling and the bulkheading. They have ordered the steel for this bulkheading to take place and the filling of this land, so for practical purposes, this is filled land that we are talking about. No permission has been granted at this time to fill this water area which is much deeper than this. This is about 20 to 30 feet in depth and this is about an average of 11 feet in depth. Mayor Ferre: I might point out that this park here, the depth of it which is about 1500 feet, the depth from the water down to where the new Biscayne Boulevard would be, How many feet? That's about 1400 feet? Mr. Andrews: No. This distance is about 800 feet. Mayor Ferre: 1400 is the whole thing. Here is the point I wanted to make Paul, whether it is 800 or 1400. It is as deep or deeper than the existing Bayfront Park on the south side of the causeway there by several hundred feet so it is a deep piece of property. It is not a thin piece of property. Mr. Andrews: The other item that we have taken into consider- ation in this total plan is the fact that the mass transport- ation plan is, that dotted line that you see along here pro- vides the corridor for that mass transit plan wo that we just are not shutting that off and Mr. Bali and Mr. Thornton recog- nize this so this is the property that would be under consid- eration for trading. A portion of this value would be ex- pressed in this piece of property and the remaining portion would be relocated or exchanged for property on Dodge Island through the trade off between Metropolitat Dade County and the City of Miami involving Lummus Island. The consideration that Metro would be advancing is that they would be willing to accept this operation at Dodge Island if the City would consider transferring Lummus Island to Metropolitans Dade County so each agency in this case, Metropolitan Dade County, The City of Miami and F.E.C. have something very worthwhile to gain as the Mayor has pointed out and I want to reemphasize that at the present time the F.E.C. has with all of the court rulings in place, they can carry on a commercial activity right in the heart of our downtown area, right in the heart of our parks system that we are trying to develop which is commercial and bordering on an industrial activity and that sort of activity really belongs over at Dodge Island. It is something that we would have hoped would have happened under any circumstances and this is now something that Mr. Ball and Mr. Thornton have agreed to if it can be worked out. I want to emphasize, Mr. Mayor, that this is a concept. It is only in principal at this stage and you're presenting this to the Commission to get their consideration and asking the adminis- tration to go ahead and continue with negotiations and come back to the commission describing what we will find out. tl 37 APR 111974 Mayor Ferret All right, Mr. Andrews, for the record. Vou have been involved in every single one of these conversations and meetings with me and 1 want to say that 1 have not met or talked to anybody related or involved with the F.E.C. other than in your presence and I want to say that, and 1 think it is important for the record, you are recommending this to the Commission. Mr. Andrews: Yes, I am. Mayor Perre: All right. I want to reiterate what the Man- ager just said in closing my statement -here. This matter is being presented in concept. This is not either a final agree- ment in substance specifically or otherwise. It is just a conceptual idea where we would end up with all of the bayfront. The F.E.C. would end up with some property on a split Bis- cayne Boulevard. Metro would end up with Lunm►us Island and the F.E.C. would have some deed title on Dodge Island from which they could continue their operation. Mr. Andrews: Mr. Mayor, there is one more element that I would like to point out that is an advantage to the city. By splitting Biscayne Boulevard it is possible then to take the existing right of way that we have and utilizing approx- imately 25 feet on each side of this area that would be devel- oped for housing and hotels and some small portion for com- mercial however it is developed. There will be an opportun- ity to create a park -like atmosphere on both sides of Bis- cayne Boulevard with approximately 25 feet of landscaping, trees,grass, whatever might be conceived as appropriate land- scaping. Mrs. Gordon: ---between both segments of the boulevard as you have it on that map? Mr. Andrews: As it is now located from this point to this point is approximately 500 feet. Mrs. Gordon: 500 feet is equivalent to how many blocks? Mr. Andrews: I can relate that to the blocks south of here in the downtown area, they are 450 feet. Mrs. Gordon: In other words it would be at least one full block from one side of the boulevard to the other side. Mr. Andrews: Yes. Now Mrs. Gordon I want to make sure that you understand that that is only conceptual. I don't know that it is going to go there. If it moves in any direction it would probably move down to the south for the final loca- tion of the roadway making this distance less than 500 feet. Mrs. Gordon: How many acres of land are in the yellow port- ion? Mr. Andrews: 5.1. Mrs. Gordon: How many acres of land are in the green port- ion that is presently water that would be filled? Mr. Andrews: 14.9, 15 acres. Mrs. Gordon: How much of that water land is land and how much is water? Mr. Andrews: About 3 acres is land. 38 Iasi Cordont to other words, approximately 11.5 acres is water: Mr. Andrews: ?ea. Mayor Ferret Rose, I might point out that all of this comes out in the wash you know. This is why we have to get down to the nitty-gritty now. Mrs. Gordon: How many acres on Lummus Island would be given to F.E.C.? Mr. Andrews: None. Mrs. Gordon: All right, what is the arrangement on Lummus Island? Mr. Andrews: Lummus Island, the City of Miami owns approxi- mately 50 acres. There are from my memory about 70 to 75 acres in all and we own about 2/3 which is 50 acres and there is 25 acres in private ownership. A portion of it is in the water on Lummus Island. In the proposal that is being ad- vanced is that a portion or all of the City's ownership in Lummus Island would be transferred to Metropolitan Dade County. They in turn would give up certain land on Dodge Island to accomodate the difference between the 5.1 acres or whatever that would figure out to and the added value that is left would then be utilized on Dodge Island to accomodate the F.E.C. operation that they had planned for this location. Mrs. Gordon: No land would be titled to F.E.C. on Dodge Island or Lummus, it would simply be a lease arrangement. Mr. Andrews: No. The discussion now is that the F.E.C. would have title to land on Dodge Island. Mrs. Gordon: Well, why didn't somebody say so. I asked the question before about giving them land on Lummus. Why didn't you say we are giving them land on Dodge instead of just saying no. Mr. Andrews:. We're not giving it, Metropolita _ Dade County is. Mrs. Gordon: Well, still it is giving them additional land. I am trying to determine how much land transfer is being made. Mr. Andrews: That can't really be determined now until we get updated appraisals and based on those appraisals with the land value there and the land value here then those de- terminations would be made during the negotiations and all those negotiations would be subject to the Commission's approval. Mrs. Gordon: What is the cost of filling 11.5 acres of water to make it suitable for uses as land? Mr. Andrews: At the depth of the 11 average feet that is in this location? Mrs. Gordon: Yes. There is 11.5 net acres of water. Mayor Ferre: I would estimate less than, this a.s my personal opinion, less than $20,000 an acre. That's a guess. 39 Mt. Andrews: We did some calculating based on what private enterprise might pay for the fill and it turned out to be hearly a Million dollars. Mrs. Gordon: Per acre? Mr. Andrews: No Mrs. Gordon: What are you saying then, a million dollars to fill the 11.5 acres. It would coat a million dollars? Mayor Ferre: I'll tell you, I'll get you a dozen contracts on that. It will cost way less than that. It all comes out in the wash again. It all depends, we are going to get ap- praisals as to how much it costs specifically to fill 11 acres bulkheaded. We have to weigh all these things out. This all comes out in the final negotiations. What we are talking about here is the principal of the situation, of the matter, concept. Mrs. Gordon: All right. I want to commend the Mayor. First of all I want to commend you, Mr. Mayor for your imaginative thinking and for your even entering into this kind of think- ing is good but what I don't like, what I object to is our giving up once again what I feel was Mandated to us in the bond issue. We did it in Ball Point and we're about ready to do it again, and I think before any steps of this type are taken, even in principal that the voters should be brought into the picture. It should go onto the ballots as a pro- posal or anything of this nature should be brought once again back to the people who voted to keep and retain as much of this bayfront land for public use as passible. This is a considerable amount of receding from their desires. Mayor Ferre: I would just like to answer that this way. I think one of the big problems that we as a community some- times have is that we always want utopia and then we spend untold money, time, effort and never end up getting anything as a result and I think what this does for us, ladies and gentlemen, it gets us a park and $15,000,000 to develop it and we are going to have it and it is going to be function- ing and the people are going to use it 3 years from now rather than 10 years from now or maybe never the way things end up happening around this community. We always look at the efforts and the sweat and toil that have taken to get Interama off the ground because it was going to be a $300,000,000 dream. Instead of becoming a $30,000,000 reality and doing it. This is exactly what I am talking to here. In my opin- ion 50 acres all on the bay front is going to be a wonderful park. I think we need to move ahead. It is time for this community to say "present, accounted for and moving forward". Mr. Plummer: Can other Commissioners discuss the item? Mr. Mayor, first of all I want to commend you. I think that this is the kind of thing that is needed to go forward. Now it is my turn to cut up the Mayor and tell you, Mr. Mayor, I don't think you have really hit the important point and I have been accused on many occasions of being ultra -conservative. I will tell all of you that if it weren't for me being a con- servative none of you would be liberals. Mr. Mayor, the im- portant point that I think cannot be overlooked; if same ar- rangement of this type is not conceived, I have said it be- fore, I will say it again. There is no way in heaven that we are ever going to own that property. Now when we set up this bond issue unfortunately, the figures which we were given and what the people voted on,with not only this parcel but - 40 APR 111974 the south parcel which we have seen very vividly what has ' happened to us. We are going to loose this here because the $15,000,000 is not going to be adequate to purchase the prop- erty. 1 have used the saying before and 1 am going to say it again. 1 hate to be put into a position where 1 ant a winner but 1 am a looser. What I mean is that we win the right to acquire but we are a looser because we don't have the money to buy it. Now we saw this exact same thing happen to us with the Ball Point property. We don't want to cry over spilt milk but let me tell you something. 1 can see in this plan right here, I can invision that we will acquire the property for the people and we will still have the money to do the improvements which need to be done to this property to improve. Now, I am a firm believer in compromise and I am a firm believer that if you can't own a whole loaf of bread you get 3/4. I think this has the invision of a com- promise to where we can see the horizon. Mr. Mayor, I stress the point. This may not be, as you have said, the final product but at least it opens the door to reality where I say to you and the rest of this Commisvion, without such a compromise we will never own that bay front property and I have said it many a time and I will say it again. Mr. Mayor, I congratulate you, sir for helping this project along. I think it is great and I only hope that the negotiations can come out and benefit all of the people of this City. Mrs. Gordon: Mr. Mayor, or Mr. Andrews, how many acres of land did you say that Dodge Island would be giving to F.E.C.? Mr. Andrews: That hasn't been completely determined as of yet, but it would be a minimum of 7' acres and it could be as many as 20 acres depending on. You see, we don't know what the land values are here and without appraisals, and this is a difficult area to try to arrive at judgements and guesses as to what the :land values are in the exchange of lands. What we try to coo is set wide perameters so we can get appraisals and do this in a very scientific way much as you would do and which you are acquainted with in dealing with two clients and trying to make adjustments for several different pieces of property. Mrs. Gordon: Has there been any discussion with Mr. Ball about trading Ball Point for a portion of this property? Mr. Plummer: I think that when negotiations are in tact, I think that can be brought out very clearly. Mrs. Gordon: I want to know if there has been any. Mayor Ferre: Excuse me, I didn't hear the question. Mrs. Gordon: Has there been any discussion of trading Ball Point for a portion of this property? Mayor Ferre: Yes, ma'am, there has. Mrs. Gordon: And what was the decision or the discussion? Mayor Ferre: That these were seperate corporations and that they were not compatable in the discussion. St. Joe Paper Company and the F.B.C. Railroad are not one in the same. Mr. Plummer: Mr. Mayor, if you don't want to make the motion, sir Mrs. Gordon: Before you make the motion, I want to know why 41 we don't ask Dade County to put this on the ballot and let the citizens of Dade County acquire this type of property. 'these are regional in concept. Mayor Ferret Mrs. Gordon, if we keep going on like this we'll never get anything done. Now this City is going to move. Mr. Plummer: To assure Mrs. Gordon because I have always --- very strongly on this point. Mrs. Gordon, I would not under any circumstances accept this in its final form regardless of how it comes out without at least and maybe two public hearings so the people can be heard. This is not something we are going to pull over night. The negotiations with the Mayor, how long have we been in this? Mayor Ferre: Two months. Mr. Plummer: These are all points of negotiation: Mrs. Gordon: How does this affect our suit? Mr. Plummer: I don't know, but --- Mrs. Gordon: How would it, Mr. Attorney, how would it affect our suit? Any action here today on this type of consideration. Mr. Lloyd: Right now, at this point no matter what action this Commission takes today on this conceptual matter has no affect on the suit until and unless some affirmative action is taken with the suit. This is what you call neg- otiations which ultimately affects the suit but at this point has no affect. Mayor Ferre: And is not admissible in court. Mr. Lloyd: This is trues. Mr. Plummer: Hopefully, this would obliterate the suit. Mayor Ferre: If it doesn't, it is not admissible as evi- dence in the suit. Mr. Lloyd: This is true. Mr. Plummer: Mr. Mayor, I will make to you in the form of a motion that you guide me from a legal standpoint if it needs to be, that this conceptual approach as presented here to us this morning as it relates to the Bi-Centennial Park, Old Port site, that the lattitude of the City Manager and the City Attorney be given to explore the concept in its entirety to report back to this Commission its findings as soon as possible. Mayor Ferre: J.L., would you make that a little stronger. Rather than to explore, explore and continue putting together - Mr. Plummer: Well, that is exploring. Exploring for the final end product. Mayor Ferre: Accepting this in principal and ordering the Manager and the Attorney to take the next steps in putting together a final package to be brought back to the Commis- sion for a public hearing and final determinations. Is that all right? Mr. Plummer: It is to me if it is acceptable to them because 42 APR 1 1974 we Still retain control. Mr.'Andrewet May 1 euggeet this, Mr. Mayor and members of the ComMiaaion that the City Attorney and 1 get together and form a resolution which we can bring back this afternoon for you to act on. You will be working at the actual work. Mayor Perre: All right. Let's make a motion Mrs. Gordon;: Would this entire package then be put on a ballot for approval of the voters? Mr. Plummer: It could be at a public hearing, yes. Mrs. Gordon: Not at a public hearing, on a ballot. Mayor Perre: I would be against that. Mr. Plummer: I'm not going to say yes or no, Mr. Mayor. I am going to wait and see what the reaction of the public is. If the reaction of the public is that we see here before us is that they are mostly opposed to it. Yes, I would put it to a referendum. I'm never scared to hear from the public. Mayor Perre: Mr. Plummer, so that there is no misunderstand- ing on this. I think, I am reluctant because Mr. Andrews and I were involved in this, I think this is one of the best things that we could do in this community and this thing of always using, going to the public on referendums for things is not speaking to the issue. Why not the E.R.A., why wasn't that taken to a referendum? Because those people in Talla- hassee are elected to make decisions. That is why they are elected officials. Now, this is a conceptual point. If we want to make a decision on this fine. If we want to go against it, that is fine. That is what we are elected for. Now I do not mean to belabor this point because there is no use crossing that bridge when we are no where near it and at that time that's another discussion and another subject. The point here is we are bring this up. This is a very pre- liminary thing. It is conceptual, it does not affect the lawsuit and as someone very aptly told me the other day, we in this community need to have mountains. Figuratively, this is a mountain. It is an important mountain for this community. Now we are all in the valley and this is a mountain. This is one of the mountains in this valley that we in this community need and I would like to see us in principal go ahead. Mr. Plummer: Mr. Mayor, what do you want now, do you want a motion of any kind? Mr. Andrews: Yes. I think a motion is necessary so we can bring back a resolution. Mr. Lloyd: I think what you could do is simply move to in- struct the City Manager and the City Attorney to submit a resolution to the Commission this afternoon in written form according to your previously proposed motion. Mrs. Gordon: Before you make a motion, I would like to recap what you are asking us to make a motion on, to vote on. You are asking us to split Biscayne Boulevard in, oh yes; Mr. Andrews: No ma'am. Mrs. Gordon: Conceptually I am looking at something. You're 43 APR 11197 not raying that that isn't what we are conceiving, are we? Ok. We are conceiving splitting splitting Biscayne Boulevard into two eeg rant i Separated by a strip of about 500 to 600 feet. Mayor Ferret 400 to 500 feet. Mrs. Gordon: You are asking us to conceptually approve the granting the give away of approximately 20 acres on Dodge Island plus 5 acres on Biscayne Boulevard as it is presently situated in exchange for 11.5 acres of water and 3. acres of land. Mayor Ferre: You forgot Lummus Island, Mrs. Gordon. Mrs. Gordon: I mean I just don't see it. Mr. Plummer: You know4 I just don't —why we are sitting here setting the negotiations. This is what we are trying to do. Mrs. Gordon: Because you're taking a step in that direction. You don't take a step into a direction you don't want to move into. Mayor Ferre: That's right, Mrs. Gordon. Is there anything else you want to say, Mrs. Gordon? The following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-279 A MOTION ACCEPTING IN PRINCIPAL THE CON- CEPTUAL APPROACH FOR THE ACQUISITION OF . PROPERTY FOR BICENTENNIAL PARK, AUTHOR- IZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE FURTHER STEPS AS NECESSARY AND TO NEGOTIATE FOR THE PURPOSE OF PRESENTING A COMPLETE PLAN TO THE CITY COMMISSION AS SOON AS POS- SIBLE. Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon. NOTE: See Resolution No., 74-301 passed and adopted later ;n this meeting. 44 APR 111974 • 32 REVIEW OF SANITATION DEPARTMENT OPERATIONS Mr. Plummer: Mr. Mayor, Mr. Jones is here at my request. 1 am sure that you as well as other members of this Commission have received some adverse mail and phone calls in reference to problems in the Sanitation Department. I have proffered, and I would like, if I may to Mr. Jones, three questions and then he can answer them, hopefully in his presentation. #1. Mr. Jones I would like you to address yourself to the status of the change in the operation as it relates to down- town Miami. #2. I would like you to tell us the status of the innovative program that is started this year of the pick- up, call and pick-up. #3. I would like you to address your- self to the problem which was discussed before this Commis- sion a year or two ago about keeping the garbage and trash removal trucks off of the main arteries during those hours of rush hour. Now those are the three questions I think have mostly come across my desk and hopefully we can lay all of the cards out on the table so that the people can be inform- ed and this Commission can be informed. Mr. C.R. Jones: I will answer those questions but I also would like to discuss the operation briefly and some of the programs. Mr. Plummer: Mr. Jones, I have no objections and of course my 4th point or statement would be, what can this Commission do if anything to help you improve service. That would be my wrap up question so that is what I proffer to you. Mr. Jones: I would like to begin by briefly going over the services that the Department of Sanitation normally provides. In addition to the office of the director we have 5 divisions in the department and the largest is the Waste Collection Division, then we have the division of incineration, sanitat- ion enforcement, streets cleaning and rubbish disposal. The waste collections division collects the garbage from the back yards of all commercial properties twice each week, with the exception of the densely populated areas where we have found the need to make collections three times a weelc. As you know, we recently changed the ordinance covering com- mercial collections to where we no longer provide daily ser- vice but we also collect commercial garbage on a twice a week basis. We normally collect the yard rubbish from the street parkways on a once a week basis and this division also picks up dead animals. The incineration division operates at 20th Street Incinerator where all of the garbage is burned as col- lected by the city vehicles and a small portion of the garbage that comes from Miami Beach and also from some private haulers. This incinerator operates 24 hours a day, seven days a week and never completely shuts down. We also provide steam at this plant for Jackson Memorial Hospital. The Sanitation Enforcement Division enforces all the ordinances covering garbage, trash and rubbish and lot clearing and the abandoned vehicles. This division also handles public education. The Street Cleaning Division mechanically sweeps all the curb and gutter streets in the City of Miami. We also have the white wings that have the push carts and brooms that sweep the central business area by hand and also other smaller business areas throughout the city. This division also re- places and maintains the sidewalk and pole trash containers. The Rubbish Disposal Division operates the rubbish pit locat- ed at Virginia Key. This operation consists of unloading 45 APR11.1974 • the rubbish and bulky trash, spreading it out in layers and then using the incinerator ash as a cover material. The col- lection and disposal of solid waste is a materials handling job that requires a large amount of heavy equipment and per- sonnel every working day. hack in December of 1970 I re- organized the Department of Sanitation into what is known as a 9 district plan of operation. This was done primarily to get better control of the operation and also to get better utilization of the supervisors in a department. At the same time 1 put the rubbish collection personnel on an incentive program as the garbage collection people had always operated on the incentive basis. Within a month we had considerable improvement in the operation and particularly in the collect- ion of yard rubbish in the street parkway. We had been col- lecting yard rubbish on a schedule of every three weeks or so and we were able to get on a schedule after the reorgan- ization of once every 5 working days. That is once a week. We were able to keep on this schedule for 21/2 years and then at that time the public was very satisfied with the improve- ment and we got very very few complaints. Then in April or May of this year our rubbish collections began to fall behind and I believe this is when you received some of the complaints that you've been getting. This was due to equipment problems that, one of the things that happened was the order of equip- ment that we received in 1972 arrived in December and January and we immediately began having problems with this equipment. I won't go into details but after several meetings with the supplier it was decided that all of this equipment would have to be sent back to the factory. This involved 14 pieces of garbage collection equipment and it was decided that we would send this back to the factory two trucks at a time for changes and repairs that had to be made. About three weeks ago we finally received the last truck back from the factory. In addition to this the Department of Public Properties was having more problems in maintaining our fleet this past year and it has really been a problem in having enough equipment each day to do an adequate job in the collection of rubbish. Mr. Plummer: Are you telling me now that you have all of your equipment problems ironed out? Mr. Jones: No. Mr. Plummer: All right, where are you hurting in your equip- ment problems now? Mr. Jones: We have been trying to get on a realistic equip- ment replacement program for the last two or three years. When I became director we had some equipment that we were trying to operate that was 15 and 20 years old. Now you can imagine trying to do a job with heavy equipment of that age. Now we have not yet gotten on the 5 year replacement program that we need to get on. This year we have 34 pieces of equip- ment that has begun to arrive and will probably be put into operation by June but we also need to go ahead with the equip- ment that is on the agenda today to be bought out of Federal Revenue Sharing Funds. One thing that is basic in this oper- ation and I cannot emphasize too much is having the equipment to go out and do the job and also proper maintenance of this equipment. Mr. Plummer: All right. What I am getting at is this. If we pass this Federal Revenue Sharing Funds to get you the new equipment, what do you need from this commission or from the administration to get this back on the basis that we knew two years ago? That's what I'm trying to get at. 46 'APR 111974. Mr. Jones: X believe that when we receive this order of equipment that is coMing� in now that we Will be able tc3 get back on the once a weak schedule that We wete on. If the equipment maintenance is adequate. Mr. Plummer: Whet: do we look forward to this day? Mr. Jones: Sometime in June. The equipment order has already began arriving but we have to continue the program and not let ourselves get into a position that we were in a couple of years ago. Mr. Plummer: I understand, ok. In other words, we can look forward that you will be fully equipmentized, if that is a proper word around June of this year? Mr. Jones: Not fully. We will not be on our five replace- ment program yet, but I feel that with this order of equip- ment that we can get back on the five day schedule of rub- bish collection. Yes, de. Mr. Plummer: That's what I'm getting at. In other words rig.zt now, I will tell you truthfully. I have had no com- plaints as it referred to garbage. None what so ever. The areas that people have complained to me about have been in the areas of trash and this is the important thing that I think the public should know. That you have had equipment problems and that you look forward to around June for the problems being resolved. That's the answer that I want. Mr. Andrews: May I interrupt you, Mr. Jones, so that we don't miss a point here. The reason that you don't get the complaints on the garbage is that Mr. Jones gives that the number one priority. When he is talking about these 14 trucks, when they were down and we require, and I may have the numbers wrong, but at one time we had sixty routes and every single morning that a collection is made we have to have 60 garbage trucks. If we fall 3 garbage trucks short Mr. Jones switches some of his rubbish collection equipment over into the garbage side and makes provisions there for collection and makes sure the garbage is collected then the rubbish is left an the street and it gets longer in between collections. Mr. Plummer: Yes, but somewhere in the middle this thing has to stop and we are looking, as I understand the answer to around June where this area will stop and will be back on the normal collection as we know it. Mr. Jones: I would think so. We are getting some of the districts back close now. Mr. Plummer: What you are saying to me is today, the only thing you need is the approval of the already advocated mon- ies in the Federal Revenue for additional equipment to put you on this five year plan. Mr. Jones: Absolutely, this is a must. Mr. Andrews: A continuation of that program. Mr. Plummer: All right now would you speak to what we pro- vided in the Federal Revenue Sharing for the call and pick up. Where does that stand? 47 Mrs► Jones: This equipment that has been ordered is scheduled to arrive in June, latter part of June or July. As soon as we receive this equipment we will be in a position to start this program and the way I propose to carry this out is we Would take this equipment and collect every Monday in certain densely populated areas that 1 feel need to be cleaned up regularly and 1 feel would possibly not use the call in ser- vice as much as the rest of the city. On Tuesday, Wednesday, Thursday and Friday of each week we would provide the call- in service for the entire City. Mr. Plummer: All right, sir. To get on the record now. Do I understand you to say that approximately the first of July that proposed system will be put into effect? Mr. Jones: If the equipment arrives, yes, sir. It is sched- uled to arrive. Mr. Andrews: (Inaudible comments) Mr. Jones: Yes. We feel it will arrive in the latter part of June but it could be July. INAUDIBLE COMMIENTS : Mr. Jones: That is 8 units. Mr. Plummer: All right, let me get to the downtown area, what have you seen and what short experience in the conversion over to collection in the downtown area? other area. The has been your very the new system of Mr. Jones: Well, we began collecting commercial garbage on a twice a week basis March 1. This hasn't been easy partic- ularly in the downtown area where we also changed the hours from nighttime to early morning. We now are collecting the garbage in the downtown area between 6:30 and 9:30A.M. And yes, it is working. We have 99% of the problems straighten- ed out. We have a few problems that involve the private col- lectors that we have to straighten out. Mr. Plummer: Now let me tell you a problem that I think needs to be looked into further. I think even though we have had some complaints from the people that they are now having to go to private haulers which we knew would be generated, isn't there something in your ordinance or within your pur- view that when a man puts his waste material out that it not be put on the sidewalk but but rather be kept in his front door area? Mr. Jones: We have a proposed plan to use what we call the 82 -gallon roll out containers. Now we'would like to use this throughout the City. This is our objective but I believe that we're studying now the possibility of using it in the downtown area. This is an attractive container that is on wheels and is easily rolled out and we feel that it might be possible Mayor Ferre: (Inaudible continents) Mr. Jones: As attractive as a garbage container can be, let me say that. There is a possibility of using these downtown where they could be stored inside or in the coves of the stores there and rolled out and emptied. One of the problems that I can see is that there is an awfully lot of cardboard that has to be collected downtown that has to bundled up and this would be very difficult to put this kind of material into 48 APR 111974 00. One of those containers. Mr. Plummer: t will tell you what I would like to see. I don't know if it is feasible or whether you can do it 'or what but 1 would like to see the next thirty days that youhave an inspector downtown at night, not issuing a violation, but let's say a warning, a notice to these people who consist- ently put that stuff out on the sidewalk making it very dif- ficult for people to walk the streets of downtown and aside from the ugliness of having that out on the streets all night. Mr. Jones: We have an inspector down there until 9 O'clock and what I was telling you before, I believe that at the present time that there may be only 6 or 8 problems down there now where they are putting it out at night. Mr. Plummer: Mr. Jones, I think you've got a few more than that... Mr. Jones: We are working on it everyday. Mr. Plummer: I would like to know that your inspector will be down there kindly persuading the people not to put it out on the sidewalk but to keep it in their own alcove to be pick- ed up because I'm going to tell you something. In just a short period of time downtown the picture has radically turn- ed but I don't think we can let it go at that because if we let some get away from it it is going to go back to the same old story. So I am hoping that you will do what I suggest and get these people down there with a little kindly per- suasion to tell these people that we aren't going to go for it. Mr. Jones: This is what we are doing and will continue to do until we get 100% of the problem solved. Mr. Plummer: All right, sir. The other thing that I brought up before. This Commission once before felt so moved about the clogging of main arterials during rush hour that they in- stigated a man in the City Manager's Office. Now I would like to see your department and I am sure it is just a matter of scheduling that they don't use the main arterials except after high priority hours. Mr. Jones: The only way I can answer that is our people have all been instructed not to go on arterial streets to collect during the rush peak periods. Now this generally means that you collect after 10:00 A.M. in the morning but there are some streets that are hazardous and bad any time that you go into them. We have to collect it and this is a problem. I at one time experimented around with garbage trucks on these particular streets because I believe there is less interferrance when you use a garbage truck and you are loading from behind instead of on the sides but we just haven't had the garbage trucks to spare to try to use in rub- bish. Mr. Plummer: All right, sir. Let me just conclude. We have an item before us today about more bins. I am wondering, are these bins that you are purchasing let's say the best kind that can be purchased or are you'getting the long life out of them? I'm saying, Mr. Mayor that we've had quite a bit of request for these bins on the agendas. Now have you explor- ed around? Do they make other kinds? Is this the best kind that you need? 49 APR 111974 Vb Mt. Jones: Are you tailing about the trash receptacle item on 41? Mr. plui er: Right. In other words what 1 am saying, and maybe shouldn't say this so bluntly but I've got to say it infront of the City Manager, has he put the "gieedous" to you to make you buy a bin such as this and maybe you wanted to buy a little bit better bin for durablility and things of that nature? Mr. Jones: We have changed the container this time from what we bought the last time because of problems that we did have with the cast aluminum bin that we bought before. Mr. Plummer: That's what I want to hear. Mr. Jones: We have changed this to the Lawson Container which we feel is what we want. Mr. Plummer: Mr. Mayor, I want to conclude this by saying that the bringing of Mr. Jones here before this Commission I don't want in any way to reflect that we're here to rip you apart or to tear you up but I think that it is some- thing that the public has to know that we are incurring problems and I think the right place is before this table, to lay it open here that we are experiencing problems so they will know, but also more importantly, that the public will know that not only is this Commission concerned but the department, the administration and everyone is working very diligently to put this department back into the #1 situation that they had always experienced. Mr. Jones, I want to thank you personally for being here this morning. I think it is something that had to be done, it has needed to be done and now everybody can be informed, and I thank you. Mr. Andrews: Mr. Mayor, I would like to add that Mr. Jones' appearance here is a part of a process that the Commission has established. We are going to have other departments here. Mr. William Smith, Vice -President of the Sanitation Employees Association: I just want to, on a few things that you asked, Mr. Jones about such as keeping the traffic off the main arteries. Well today's traffic is not like the traffic of 20 years ago or 5 years ago. Most of the main arteries are packed all day anyway and there is really no way we can stay off them. We try to get on them early enough and off them before the rush hour starts but right now, when you have your two main arteries of the city, the Palmetto by-pass and I-95 both under construction, people leave home a little earlier so that we all sort of gather at the same spot at the same time and right now it is just useless to try to get around this traffic. We try to work before the traffic so to keep the men from being hit by cars. Mr. Plummer: No question. This was just a question that was proferred to me and I am bringing it out in the open. Mr. Wm. Smith: About the garbage out on the curb side in the downtown area where you want it moved back to the door. You know from 6.0'clock in the morning when the people are going to work and using the downtown area to get to and from work, if you put this garbage in the doorway they won't be able to get out of there before 9:30 because the men will then have to work around people, using the sidewalks going to and from work, making the interchange on the buses, so 50 L APR 111974 that by putting it on the curb he is able to get there, get it without interferring with the traffic of the sidewalk. Mr. Plummer: sir, 1 don't agree with you. Ok? Let me tell you exactly how I feel and what prompted this. You know Gus - man Hall downtown, the old Olympia Theatre. I watched Gusman Hall on opening night and I don't know where it comes from, I guess it is the Olympia Building. I'm not sure and I don't want to pin any blame but here we had limousines, people com- ing to Gusman Hall for the opening and when I tell you the bags were this high that they had to walk over, I am sorry. I disagree with you. Mr. Smith: If you will understand a couple of years ago when you had two route services in the downtown area before the Olympic Theatre was turned into Gusman Hall you didn't have this problem. Mr. Plummer: If that's the problem, we need another route downtown, let's get the man to do it. All I am saying it's not right for people who we are encouraging to come back into the downtown area to have to be jumping over hurdles of gar- bage and going around garbage. It is generated by these stores, let's keep it in the front of their stores. That's all I'm saying. Mr. Smith: What I'm saying is that everyday we are being told down the budget but then you are trying to say how can you give the people of the city better service. If you keep cutting off from one how can we get better service on the other? Mr. Plummer: I don't think we are cutting off. Mr. Jones: We have two routes servicing the downtown area now in the morning so that we can get this up quickly. As far as the Gusman Hall, Gusman Hall is now collected by a private hauler. Mr. Plummer: Who collects the Olympia Building? Mr. Jones: This is Gusman Hall that you are talking about. The whole building there is collected, the garbage is stored in a room inside now and this has been just the last week that we solved this problem. Mr. Plummer: All right. I was going to tell you last Friday it was there. Reverend Gibson: Do you have the full manpower capacity now? Mr. Jones: We never have all of our positions filled, if that is what you are asking me. There is such a large turn over. We come close to getting all positions filled but we never quite do. Reverend Gibson: You know what I was told by a citizen? I am sorry I want to say this but this might be interesting. I was told by a citizen that he went to apply for that job, one of those jobs in your department and incidently, he wasn't black and you all told him that there weren't any jobs there. Mr. Jones: We have all of our driver and equipment operator positions filled. Now I don't know what he was applying for.. 51 APR111974 • • Reverend Gibson: This wasn't driver equipment. Phie was just for toting that garbage and what I am trying to say is that if. . pis saying that the garbage is not being picked up. You say to us you have a full compliment of personnel. A man says to me I applied and they told me they had no job. Now those things don't jive to me. I know jigsaw puzzles are peculiar to solve but you know that ain't no jigsaw puzzle. Explain to me now. Here is what I am saying.. Mr. Jones: I don't know when the man applied but there are times when... Reverend Gibson: Andrews, that is is talking about He applied within the last two months. Mr. how close the time is. 1 am sure J.L. Plummer right now. Mr. Jones: Without checking the records I don't know how many waste collector positions we have unfilled but I am sure there are a few and if anybody applies certainly if they can tote the garbage and a lot of people can't they certainly would be hired. Reverend Gibson: They didn't tell this man "I fail to hire you because of your physical disability". You tell me where he must apply and I am going to have my secretary get him down there. Mr. Jones: He can come out to the yard at 6:30 in the morn- ing at the incinerator. Reverend Gibson: Let's get a more reasonable hour for a man who is going to start and then you could tell him.... Mr. Jones: All right. He can come by and see me in my office. ":,verend Gibson: What time are you in the office? Mr, Jones: 7:30 or 8 O'clock. Reverend Gibson: That's the hour I want because I want him tc s2e the boss. Right, 8 O'clock. I just want to make sure we are getting it together because you see what I perceive is that he is seeing someone other than the boss when he goes at 6:30 and then the boss doesn't know what the prospective employee is being told. Mr. Plummer: I think what he is saying, Mr. Jones, if I under- stand him correctly; do you keep a reserved employment, in other words, if a man comes today and all the positions are filled do you take his name and address in case tomorrow they are not filled? Mr. Jones: Generally a man that wants a job toting comes to the back yard and works as a stand-by laborer before he is put up. You see we have a lot of absenteeism and we must every day fill in with what we call stand-by laborers. These are men that come out to the yard every morning and work whenever we have an opening for them, you see. Mr. Plummer: I think really, I don't know your business but I think really what you ought to have is a rigister like Civil Service. A man comes, applies, and he is qualified that he be put on a register and #1 be called today and number 2,3,etc. • Mr. Jones: That is the way it is with the stand-bys, you see, They are taking up, the permanent positions are generally fil- led with people that come back and work as a stand-by first, you see. Mr. Plummer; 1 hope you have taken Father Gibson's idea about the employment of certain personnel and there are others that we have heard about and it is inconceivable when we hear you say that some days you do and some days you don't and we're told by people that well, we went there and they said forget it. Maybe you ought to look into that area. Ok? Mayor Ferree Thank you very much, Mr. Jones. 33, AWARD BID - 50 LITTER RECEPTACLES FOR SANITATION DEPARTMENT The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLTUION NO. 74-280 A RESOLUTION AWARDING THE BID OF PAN AMER/CAN CHEMICAL COMPANY IN THE ESTIMATED AMOUNT OF $4,500.00, FOR FURNISHING FIFTY (50) LITTER RECEPTA- CLES FOR USE BY THE STREET CLEANING DIVISION OF THE SANITATION DEPARTMENT; ALLOCATING THE AMOUNT OF $4,500.00 FROM FUNDS AS PROVIDED IN THE 1973-74 FISCAL YEAR BUDGET, STREET CLEANING DIVISION. (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. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre. NOES: None. Absent on roll call: Mrs. Gordon. 53 • • 34. PROCLAMATIONS, PLAQUES, CERTIFICATES OE APPRECIATION ETC. (a) Recognition of the Florida Memorial College Chattpion- ship Basketball Team, and presentations to their coach, John M. May, and their most valuable player, Charles Collier. (b) Presentation to Juan Amador, Cuban Classical Pianist. (c) Proclamation of FOOT HEALTH WEEK. (d) Presentation to Jose Luis Arnaiz, President of the Casa De Espana, an organization established for the enjoyment of former citizens of Spain now residing in this country. (e) Presentation of SOCIAL STUDIES FAIR DAY Proclamation. (f) Recognition of designers Dennis Samuels and Peter Neill. 35, STATE DEPARTMENT OF TRANSPORTATION REPORT OF STUDY OF EXISTING U.S, 1 FROM 1-95 TERMINUS_ TO THE PALMETTO EXPRESSWAY Paul Casaroski, Florida Department of Transportation, Tall- ahassee, Florida: Mr. Mayor, Commissioners, as you know there are several activities with the departments involved in along U.S.1 and South Dixie Highway. We would like to think of our activities as being a two pronged solution. We have an immediate action program that includes the counter -flow idea, the reversible bus lanes and other operational improvements. We're here today not to address those activities. Today, we would like to focus on our other activities which include the long range solutions in this corridor and our objective here today is to introduce a study that we have initiated along U.S.1 that is limited to examining the existing rights -of - way plus the F.E.C. Railroad right-of-way from the southern terminus of I-95 to the Palmetto expressway terminus. So our objective today is simply to provide you first hand knowledge of the scope of the study and to introduce our consultant Carr Smith and Associates today represented by Mr. Dave Plummer and Mr. Herb Fleischman. We also have representatives from the district office, Mr. Harvey Cohen, Mr. Rick Chesser and Mr. Mark Lepat. So at this time I would like to introduce Mr. Dave Plummer who represents Carr Smith and Associates and will explain some of the details of the study. Mr. Dave Plummer: Thank you, Paul. We were contracted by the Department of Transportation approximately 3 months ago to develop alternate concepts for transportation service using both the U.S. 1 right-of-way and the F.E.C. Right-of-way from interstate 95 down to the Palmetto expressway. The objective of our study is to develop graphics which will portray the different types of improvements that could be put into place without acquiring any additional right-of-way. The right -or - way we presently varies from approximately 150 feet in the areaa of Interstate 95 down to almost 200 foot wide in the area of Coral Gables. As you are aware, the Dade County Rapid Transit System is also considering use of the F.E.C. right-of-way for their mass transit system and our study will include the in- corporation of both motor vehicle transportation improvements and mass transit improvements in this corridor. We expect 54 APR 111974 the different alternate designs to be completed by approx. iitateiy July ist. Mayor Ferret Mr. Plummer, let me see if 1 understand this right. The design that you are going to make is just a pre- liminary functional type of design to see if 4t works. Mr. D. Plummer: Mr. Mayor, that is correct. We're consider- ing, we will probably have 4 different alternate designs established in the corridor which the Department of Trans- portation will then carry to public meetings to discuss in more detail. We will not be necessarily recommending one of the four alternates but simply developing them to see how well they work. Mayor Ferre: Where is the University of Miami in this pic- ture? Ok. So it goes to Coral Gables, South Miami and the City of Miami. Now, how much of that ii3, you are obviously going to use the F.E.C. Corridor, what happens to the Rail- road track, does that go? Mr. D. Plummer: (Response inaudible) Mayor Ferre: I see. You are going to take into consider- ation rapid transit in this project. Mr, D. Plummer: (Inaudible) Mayor Ferre: You're going to have the input into this. Mr. J.L. Plummer: When you say this corridor, expand a little or. what you mean corridor. Mr. D. Plummer: (Inaudible) Mr. J.L. Plummer: I mean is it your intention, the ultimate end of the study to make Dixie Highway ten lanes? What goals are you trying to reach? NOTE: The visual presentation of this item was made with charts and without full utilization of the public address system and therefore, is largely unintel- ligible. Mr. Casaroski: Commissioner we are considering the use of the U.S. 1 right -or -way and the F.E.C. right-of-way to incorporate both the mass transit system and an improvement in the motor vehicle system. Now the form it will take, whether it be an expressway or a better add grade situation or a depressed type of facility that is what we are looking into and that's what we'll be ready to at least discuss in detail after July 1. Mr. Plummer: Let me lay some cards right on the table. I live approximately 1 block off of Dixie Highway and as an individual citizen of this city I am very concerned about what happens on that highway. I am concerned about ingress and egress into my neighborhood. I am concerned that this thing does turn into a kind of aiproject that is going to gobble up the neighborhood. I am telling you for one that I have great concern and I am sure that all of my neighbors when this appears in the paper tomorrow are going to be at my door wanting to know what is going on. That's why I asked you to expand on the corridor concept. I am sure you must have some kind of goals which ,you are trying to achieve. I know the goal of course is to move traffic better in a better pattern. If you say really all you're doing is asking 55 APR11197:4 • • questions for input, I guees that is really about the extent of it. Mr. Casaroaki: Commissioner, if t might say, our end product is going to be a series of graphics which the Department of Transportation will then use in a start of public involvement meetings to portray the different things that could be done within the rights✓ -of -way. When they go to the public involve- ment meetings to begin an overall study they will be able to not have to just with tail' show the people what would work but give them a clear picture of what it would look like in place along U.S.1. Mr. Plummer: Ok. You see, the people of my particular neigh- borhood, one time there was a particular proposal, and I am sure it will raise its ugly head again that they were going to put a main thoroughfare through Bay Heights and down Tigertail. Believe me, the people of my neighborhood were rightfully in arms and I don't know which way to approach this thing, I really don't. In other words, so that I can answer the questions in- telligently, all you are doing now is studying the corridor as it exists to see what is the best use that it can be put to, is that correct? Ok. I think personally that it is some- thing that needs to be done and if anybody doesn't believe it go out to 17th Avenue and Dixie Highway and try to get across at 8 O'clock in the morning. Mrs. Gordon: Would somebody tell me if there has been any attempts made to get these air rights or the rights of the right-of-way or, and what progress has been made. (Inaudible) Mrs. Gordon: And what progress has been made? (Inaudible) Mr. Plummer: So in other words you hope to formulize something by around the first of July. I for one appreciate you coming here and informing this Commission. You know so many times we get nothing but rumors. This way we do know what is going on. Mayor Ferre: This is one of first times that I--- in recent years anyway, that a Federal or State agency or department has taken the time to come and explain something that is going to obviously affect the City of Miami and I think it is great, I want to thank you for your patience in waiting here, for your interest and for your efforts that you've shown. This is really wonderful and I just couldn't say enough about how happy we feel that you shared rather than let us read about it in the newspaper. Mr. Plummer: And more importantly that a thousand people throng down here to lynch evepy one of you, including us. Mayor Ferre: Thank you very much gentlemen for your time. 56 APR 111974 3636, COMMENDING HENRY AARON FOR HIS 715tH HOME RUN was introduced b Mr. Plu r who THE following ts�stion Y iaoved its adoption: MOTION NO. 74-281 A MOTION COMMENDING HENRY AARON FOR HIS OUTSTANDING ACHIEVEMENT IN HITTING HIS 715TH HOME RUN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 37, APPOINTMENTS TO THE INTERNATIONAL FOLK FESTIVAL COMMITTEE The following motion was introduced by Reverend Gibson who moved its adoption: MOTION NO. 74-282 A MOTION APPOINTING MRS. ALICIA BARO, MRS. NEOMI FREEDMAN, MRS. HEITTE CAVALCANTE, MRS. HERSILIA LONDONA AND MR. WILLIAM SANCHEZ AS MEMBERS OF THE INTERNATIONAL FOLK FESTIVAL COMMITTEE ALSO: MR. AUGUSTO MEL, MR. HARRY ESCANDON Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Morty Freedman, General Chairman of the International Folk Festival appeared and addressed the Commission: Mr. Freedman: Things are coming along very well and this year, I think you know, we are having the festival outdoors for the last 3 days as well as indoors. We are having booths outside. We are having a stage out there and whatever we have on the indoor stage. We are trying to make the park meaningful and have events that are going to draw people into the park. We have had excellent cooperation from the City Manager and Lew Price's office and I think you would also be interested to know that the 3rd Century has notified us that they have endorsed the Internat- ional Folk Festival as one of the major events of the Bi-centennial so things are coming along very well and the City incidentally has an advertising program which is going all through Latin America and through cities in this country about the festival and just yes- terday, I had a letter from Costa Rica from someone who saw one of the ads in the paper down there and wants to participate. 57 APR 111974 Rev. Gibson: One of the things that heartens me in our community is the fact that we put on this festival in my way of thinking is that it does more in dealing with people than anything else we do in this community and I hope one day we will wake up and dis- doves that this is the largest event in this community. Certainly it will do more for us in dealing with people than any of the other things we have,done. I hope this Commission will con- tinue to look at this affair each year to do even a little more. Mr. Freedman: Thank you Father. I would like to say one thing for the record. A woman called me up last week and said I was getting a $10,000 a year salary as chairman of this and that it was in the minutes of the Miami City Commission that they gave me $10,000. For the record, it was for the entire event. Thank you. 38, APPOINTMENT TO CITY OF MIAMI BEAUTIFICATION COMMITTEE MR. AND MRS, DANTE FASCELL The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-283 A MOTION APPOINTING REPRESENTATIVE DANTE FASCELL AND MRS. DANTE FASCELL AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Upon being seconded by Reverend Gibson, the motion was passed tad adopted by the following vote - AYES: Messrs. Plummer, Gibson Reboso, Mrs. Gordon and Mayor Ferre. NOES: None 39, WAIVE RENTAL FEE- BAYFRONT PARK AUDITORIUM SUN,APR 28 DADE BUSINESS AND PROFESSIONAL WOMEN'S CLUB(ARTS FESTIVAL) The following motion was introduced by Reverend Gibson who moved its adoption: MOTION NO. 74-284 A MOTION WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON SUNDAY, APRIL 28, 1974 BY THE DADE BUSINESS AND PROFESSIONAL WOMEN'S CLUB, INC. FOR AN ARTS FESTIVAL Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Messrs. Plumper, Reboso, Reverend Gibson and Mayor Ferre. Abstaining: Mrs. Gordon 58 APR 111974 41/ 40, APPOINTMENTS TO THE YOUTH ADVISORY BOARD *The following resolution wag introduced by Reverend Gibson who roved its adoption: RESOLUTION NO, 74-285 A RESOLUTION MAKING APPOINTMENTS TO THE CITY OF MIAMI YOUTH ADVISORY BOARD BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: That the following named persons be, and they are, hereby named as members of the City of Miami Youth Advisory Board: Kenneth Friedman, Chairman, 16499 NE 19th Avenue, Suite 200, North Miami Beach, Florida Zoili M. Alonso, 817 NW 22nd Court Deloris H. Moorman, 1400 NW 36th Street, Suite 201 Charles Nichols, 1450 SW 17th Street Donna Dupuy, 1500 Rue Vendome, Pembrook Pines Gustavo G. Giral, 510 SW 3rd Street, Apt. No. 7 Tucker Gibbs, 3820 Bayside Court Lori Weiner, 35.5 Arvida Parkway, Coral Gables Mathew Hodes, 201 SW 21st Road Carlos Arboleya, Jr., 1941 SW 23rd Street Percy Aquila, 6741 SW 13th Street Alec Stephens, 1243 Dickinson Drive, #15C Joy Bellamy, 944 NW 65th Street Duane A. Munera, 7181 SW 5th Street Larry Seiler, 12305 SW 69th Place 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 • • 41, AUTHORIZING & DIRECTING CITY MANAGER TO INAGUARATE A PROGRAM OF F LEE _ SU ER___Cf l `R1 AT._ THE MIAMI MARINE STAD UM __ Mr. Plummer: Mr. City Manager, I attended the other night, a private concern that put on a concert in the Miami Marine Stadium. I have spoke for 2 years that in the summertime, that we could be really accused of not doing sufficiently for our young people. I would like to make a motion at this time that for the 3 months of summer, June, July and August, that this City sponsor 2 concerts a month at the Miami Marine Stadium open to the public on a first come, first served basis, and that the cost be borne by this City. Now Mr. Manager, would you like to speak to that? Mr. Andrews: I think it sounds like, are you directing this toward general pop or for the young people? Mr. Plummer: I am talking about the young people. Mr. Andrews: I am in favor naturally of what you are proposing here, I would suggest this, that you give us time to look into this and come back with a proposal but that if we do this, that we do it on the bads of issuing some kind of stub so that we don't have a big policing problem with several thousand young people arriving that we can't accomodate. Mr. Plummer: Mr. City Manager, I said on a first come, first served basis. Now if you want to do it in the way of issuing tickets - personally, I can't stand rock concerts, they drive me up a tree but the young people like them and I think this Commission should do something for them. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-286 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INAUGURATE A PROGRAM OF FREE SUMMER YOUTH CONCERTS AT THE MARINE STADIUM WITH TWO CONCERTS PER MONTH DURING THE MONTHS OF JUNE, JULY AND AUGUST OF THIS YEAR 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 60 APR111974 110 42. DISCUSSION OF CONSTRUCTION OF TENNIS FACILITIES AT THE DAVID I. KENNEDY PARK COCONUT GROVE Mr. Plummer: I have heard nothing back from the City Manager after I sent him a memo asking him for his comments and since 1 didn't receive any, I can only assume that he has no comment, 1 would like to make a motion at this time that 6 tennis courts be immediately started in the Kennedy Park. Mr. Andrews: I did comment, I sent you a memo yesterday and it should be on its way to you. Mr. Plummer: Could you give me the benefit of your comments? Mr. Andrews: The comment is that we develop a group of facilities including restrooms, parking lot, lighting and other things and that we provide some additional tennis courts facilities within the Grove area away from the waters edge and that we continue to evaluate the need to place tennis courts in that area of the park. It's exttemely valuable property and you only have so much waterfront park and with activities that can be accomodated elsewhere, it could be a mistake. I am not saying that they shouldn't be put in. I am saying to take a little more time and develop some more facilities in there that are compatible with the water oriented recreational use and that after those are in place, well I think its more or less getting these other facilities in place. Mrs. Gordon: Don't we have Park Task Force committees that are supposed to tell us what they want in the park? Mr. Plummer: Yes, where are they? Rose, I don't know about you and you live closer to it than I do but people of my neighborhood and other people have spoken to me that they want these facilities in there. Now its their park. Mayor Ferre: I have been to a Bay Heights meeting where there were about 30-40 people that kept bringing that up. Plummer: They are the group that came to me originally. Mr. Andrews: On the 18th in the afternoon at a special commission meeting where we are considering 3 or 4 subjects, the afternoon is devoted to receiving all the reports from the committee chairman and one of the districts on the recreational bond issue as to what is going to be planned in each one of these parks. Mrs. Gordon: Speaking of parks, some of the people would like to know why parks like Wainwright close at 7 when its still light outside. Mr. Plummer: That has been changed. You got a memo on it yesterday. Mrs. Gordon: It has been changed to what? Mr. Andrews: Until dark. Mr. Plummer: Mr. Mayor, I will hold my motion until the 18th. LUNCH RECESS: AT 12:41 O'CLOCK P,M., THE COMMISSION ADJOURNED FOR LUNCH. AT 2:00 O'CLOCK P.M., 'HE COMMISSION RgCONVENED IN REGULAR SESSION WITH MAYOR TERRE AND LOMMISSIONER KEBOSO ABSENT, 61 43, PUBLIC HEARING ON REVOCATION OF JITNEY LICENSES Mr. Andrews: This hearing of the revocation of the Jitney Licenses from the point of view of the administration, is no longer needed. The Jitney operator has shown evidence to the City of his good faith and added on new cabs and he is now operating within the requirements of the City of Miami ordinances. We had this information about a week ago but since the public was informed that this was to be heard , it was felt that it should be put on the agenda even though we were satisfied but if there was any question of any of the public. Mr. Plummer: Is there anyone here of the public that wishes to object or have any comment on this Item #10? Hearing none, Mr. City Manager, what action do you want of this Commission? Mr. Andrews: To withdraw this item from consideration. Mr. Plummer: Is there a motion to withdraw 10? On motion of Reverend Gibson, seconded by Mrs. Gordon it was agreed to withdraw this item. Mayor Ferre and Commissioner Reboso absent on roll call. Mr. Plummer: Sir, let me say, you have been put on notice. If you don't live up, don't come back crying next time. We want you there. There is a need for you but you have been put on notice and he said you showed good faith so lets keep it all the way around. Reverend Gibson: We want more than good faith. I understand that language and we want you to follow through now. 44, BRIEF REPORT ON PROPOSED JITNEY SERVICE BY CITY MANAGER Mx. Andrews: There is one additional matter in reference to jitney licenses. Mr. Pino, who has been before you several times in ref- erence to a jitney operation in the latin community, is filing a record of necessity to provide jitney service to the latin community. He has 3000 signatures and anticipates getting 10,000 signatures. It has been suggested that he wants to transmit this information to the City of Miami. My recommendation is that the information be submitted to the City Clerk so it becomes an official part of the record and that the Clerk be instructed by the Commission to turn this material over to Mrs. Gordon who is chairwoman of the committee who will be advising the Commission on policy matters. Mrs. Gordon: Mr. Andrews, have you heard from M.T.A.? They were supposed to conduct an analysis study with regard to the small bus or the jitney type of service and had promised to do it very quickly. I have held up having a committee meeting because I wanted to get this information available for the committee before we met. Mrs. Plummer: Rose, let me offer you a suggestion. We get involved in a lot of different beaurocracies. Call the meeting and put the impetus on them. 62 APR 1.11974 40 . 45, AMEND SECTION 56,45,1 OF THE CODE TO PERMIT R INCREASE An Ordinance entitled.. AN ORDINANCE INCREASING JITNEY FARES PROM THIRTY (300) TO THIRTY-FIVE CENTS (350) (A 50 INCREASE); DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR 7':FTHS OF THE MEMBERS OF THE COMMISSION NOTE: Commissioner Reboso entered the meeting. was introduced by Reverend Gibson, 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, Reverend Gibson and Mrs. Gordon. ABSENT: Mayor Ferre. Whereupon the Commission on motion of Reverend Gibson, seconded by Mrs. Gordon adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8242 The ordinance was read by the City Manager and copies were available for perusal by the public. 46, ESTABLISH FEES FOR USE OF RECREATIONAL FACILITIES SEC. 39-1 Mr. Plummer: Al, since these went into first reading, I have had some people who are a little upset about them. I tell you what I would like to, out of fairness to do. I would like to make this in voting for it, with an automatic review in 6 months. If you will take into consideration the 6 months review - then I will vote for it. Call the roll with that amendment. Mr. Lloyd: Wait a moment. I think if you are willing to rely upon the good faith of the Parks Director, you don't need the amendment because he will bring it before you. The amendment is not actually needed unless you want me to put it in there. Mr. Plummer: No, I will take it that Al Howard will act in good faith and come back in 6 months. Mr. Lloyd: Then it will not be necessary to amend the ordinance on 2nd reading. We can pass it as is. 63 APR 11 1974 An Ordinance entitled - AN i RDINANCE ESTABLISHING FEES FOR THE USE OF RECREATION FACILITIES IN THE CITY OF MIAMI HY • DELETING SECTION 39-1 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SECTION 39-1 SETTING FORTH THE FEES TO HE CHARGED passed on its first reading by title at the meeting of March 14, 1974 was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None The ordinance was read by the City Attorney.Copies were avail- able to each Commissioner and for inspection by the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8243. 47, ESTABLISH FEES FOR USE OF COMMUNITY BUILDINGS, BANDSHELL ETC, SEC, 59-z An Ordinance entitled - AN ORDINANCE ESTABLISHING FEES FOR THE USE OF COMMUNITY BUILDINGS, BANDSHELL, ETC., BY QUASI -PUBLIC ORGANIZATIONS IN THE`CITY OF MIAMI BY DELETING SUBSECTION b, SECTION 39-2 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION b, SECTION 39-2 SETTING FORTH THE FEES TO BE CHARGED passed on its first reading by title at the meeting of March 14, 1974 was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None The ordinance was read by the City Attorney and copies were available to the members of the Commission and to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8244. 64 APR 11 1974 S 48, ESTABLISH FEES FOR USE OF HENDERSON & MOORE PARK TENNIS FACILITI SIC. _ 3 An Ordinance entitled - AN ORDINANCE ESTABLISHING THE FEES FOR THE USE OF HENDERSON PARK AND MOORE PARK TENNIS FACILITIES IN THE CITY OF MIAMI BY DELETING SECTION 39-3 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SECTION 39-3 SETTING FORTH THE FEES TO BE CHARGED PASSED on its first reading by title at the meeting of March 14, 1374, was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES:- Messrs. Plummer, Reboso, Mrs. Gordon & Reverend Gibson. ABSENT: Mayor Ferre. NOES: Nine The ordinance was read by the City Attorney and copies were available to the members of the Commission and to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8245. 49, INCREASE/REVISE CHARGES FOR USE OF SWIMMING POOLS SEC. 39-5 An Ordinance entitled - AN ORDINANCE AMENDING SECTION 39-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF INCREASING AND REVISING THE CHARGES FOR USE OF CITY OF MIAMI MUN- ICIPAL SWIMMING POOLS; PROVIDING A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR ..ASaTHEY ARE IN CONFLICT, CONTAINING A SEVERABILITY PROVISION passed on its first reading by title at the meeting of March 14, 1974, was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final,reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None The ordinance was read by the City Attorney and copies were available to the members of the Commission and to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8246 65 NOTE: in connection with the adoption of the preceding Ordinances Oh Ind reading, an announcement was made in each case to determine if any objectors were present. NO , OBJECTORS APPEARED, • 50. ESTABLISH FEES FOR USE OF FOLDING CHAIRS & PORTABLE BLEACHERS SEC.39-$ An ordinance entitled - AN ORDINANCE ESTABLISHING FEES FOR THE USE OF FOLDING CHAIRS AND PORTABLE BLEACHER SEATS BY DELETING PARAGRAPH 1, SECTION 39-8 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW PARAGRAPH 1, SECTION 39-8 SETTING FORTH THE FEES TO BE CHARGED passed on its first reading by title at the meeting of March 14, 1974 was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None The ordinance was read by the City Attorney and copies were available to the members of the Commission and to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8247. No objectors appeared. 51, ORDINANCE ESTABLISHING FEES FOR PRE-SCHOOL ACTIVITIES SEC, 39-9. Mr. Andrews: When these various ordinances were being discussed at the Commission Meeting, you asked that the pre-school activities be singled out for discussion. Mrs. Gordon: I -asked that this portion of the request for increases be held apart from the others specifically because I could not under- stand how you were going to be able to differentiate between what you call the day care and the play school or whatever and I don't personally or particularly want to say that all children shouldn't have the same opportunities. I don't want to think that some can have the extra educational opportunities and some cannot and the difference was money. I would like to see us combine the two. Give all of these pre-schoolers the same advantages. Mr. Howard: Both programs are the same. Mrs. Gordon: What you are asking us to do is give you funds or give you ability to raise funds for another type of schooling. 66 APR 111974 Mr, Howard: The original request was to raise the pre-school from $40 to H$0 without putting any fee on the existing play school. It would remain as it is right now, with no charge. Mrs. Gordon: Well what if the child ones to the pre-school and can't afford to pay? Mr. Howard: Then we (would not assess any fee. Mrs. Gordon: In other words, what you are saying is that you are going to set this fee, but there will be scholarships for children that can't afford it. Mr. Howard: Any child who couldn't attend the class for lack of money, he will be able to attend either the pre-school or the play - school. We would not impose - Mrs. Gordon: Why do you want to have Why don't you just have pre-school? Mr. Howard: A resolution was passed, and then because some people couldn't was amended to read play -school where pre-school and play school? there only was pre-school afford the pre-school, it no charge would be assessed. Mrs. Gordon: Were they different kinds of programs? Mr. Howard: No identical. Same facilities, same features. Mrs. Gordon: Well that's why I think this whole thing is ridiculous because you are giving 2 names to the same subject and you are asking you know, it doesn't make sense. That's why I asked for the whole thing to be left off the consideration. Mr. Andrews: It makes sense from this standpoint Mrs. Gordon. If you have 1 ordinance embodying a program in it, you can't be discriminatory and charge some people funds and other not. There was a,distinction made to the more densely populated areas and the poverty level areas of the City where those children could be accepted in another type of program where no compensation was required. Mrs. Gordon: It's really not a different kind of program? They will get the same benefits, the same education programming? Mr. Howard: Identical Mrs. Gordon. The same number of children, the same maximums, the same programs, the same - Mrs. Gordon: You are just giving it another name so you don't have to say that some people are paying, and some are not? Mr. Howard: We didn't give it the name, the Commission did. So we could offer it at no -charge. Mrs. Gordon: Its still not very clear. Francina Thomas: I would like to speak to Item 14 c about the tennis facilities in Moore Park. Is that passed yet? Mr. Reboso: Yes. Mrs. Gordon: That's all right, I would like to hear what you have to say. Ms. Thomas: I am concerned only as it relates to poor kids who live in that area and we are just beginning to get tennis where some of the poor kids can even play and when we add a fee to it, I don't know what the fee is going to be, whether its going to be exhorbitant or what someone else perceives as being a meaningful or a minor detail but it may be very hard for a poor kid to try to deal with. I have difficulty with the idea of fees so I don't know what is going to be. 67 APR111974 Mr. Howard: 'hose are the existing fees, or the proposed fees rather= MS. Thomas: Per hour. Mr. Howard: Per person or per court, however, our existing clinics that are being held now and will be held in the future, there is no charge. Ms. Thomas: But that's for the clinic, I am talking about the Child that wants to go on his own and play. You have no provisions for him other than what you are saying with the fees. Mt. Howard: If children were to play on a court, it would cost 250 per hour per court. Ms. Thomas: Listen, I don't know that it is exhorbitant, 1 don't know that it is meaningful but I would like to see some scholarships or something arranged so that children who really want to play and 250 is exhorbitant for them. I wish there was something like that established or dealing with this issue. Mr. Howard: We have a program now with 40 children that are all in a program where there is no fee. Ms. Thomas: They can play when they get ready to play? Mr. Howard: In an instruction program and competitive league. Ms. Thomas: I know about the new tennis league being formed. I am aware of those but I am saying that the child that lives in that vicinity who wants to go over and practice, he is using his time wisely. We are talking about our children using their time for a more constructive pursuit so I am wondering if we are thwarting this by adding a fee to it and I don't know what you can do about it but this is just a concern I raise at this point. Mr. Plummer: No more than I think that last year when we instituted the 250 fee for the swimming pools. Our history has shown that this has not decreased the attendance and as a matter of fact, it has made it orderly attendance. Ms. Thomas: Would there be an opportunity for this to be reviewed in a period of time to see if its having a dispairing affect on the poor children? Mr. Plummer: Ma'am I just made the motion that these will be reviewed in 6 months. Ms. Thomas: I see, good. Thank you. Mrs. Gordon: How can we resolve now Mr. Howard, the play school. What you are saying then is the same animal with 2 separate names. Mr. Howard: Yes. Mrs. Gordon: or another. Mr. Howard: Mrs. Gordon: scholarships Mr. Howard: And because of the location, you will call it one thing Yes, they are and in those are available Yes Ma'am. the same programs, identical. areas where there is a fee being charged, for those that can't afford to pay it? Mr. Plummer: I'll move it- 68 APR 111974 An Ordinance entitled - AN ORDINANCE ESTABLISHING FEES FOR PRE-SCHOOL ACTIVITIES IN THE CITY OF MIAMI BY DELETING SECTION 399 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SECTION 39-9 SETTING FORTH THE FEES TO BE CHARGED was introduced by Mr. Plummer, seconded by Reverend Gibson on its first reading by title by the following vote - AYES Reboso, Plummer, Mrs. Gordon and Reverend Gibson. ABSENT: NOES: None 52, CITY COMMISSION FETING -LEGION PARK - MAY 23, 1974 and passed Messrs. Mayor Ferre. Vice - Mr. Andrews: Mr. Mayor, you had adopted a previous resolution which established the date as the 25th of April and because of the announcement time and the publication of this and the ordinance requirements, we have to follow the procedure that is set out now on your agenda and make it May 23 at Legion Park instead of April 25th. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-287 A RESOLUTION CHANGING THE MAY 23, 1974 CITY COMM- ISSION MEETING PLACE AT 2:00 P.M. FROM THE CITY HALL TO LEGION MEMORIAL PARK (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson: NOES: None ABSENT: Mayor Ferre Mr. Andrews: Does the Commission understand that you will hold the meeting here in the morning and we will leave for lunch and then in the afternoon, we will meet at Legion Park. 2 P.M. 69 APR11S74 t 53. AUTHORIZE CITY MGR, SUBMIT PROPOSAL FOR RESEARCH & DEVELOPMENT IMPROVING POLICY MANAGEMEN AND ADMINISTRATIVE Mr. Plumper: I will move to defer until the 18th to be coupled with the Booz-Allen Study. Mr. Andrews: This application has to be in Washington on the 15th of April and that is the absolute deadline and it is my proposal that I would send Mr. Parades to hand deliver this. It involves $250,000 that can be made available to the City. There will be 10 governmental agencies in the United States that will be selected for $250,000 grants. Our application is based on one of reviewing all of the types of new restructuring, new re -organization and activities that are occuring to the City and one of the benefits of this grant and the requirements of the grant is that funds within that grant shall be provided to document everything that is occuring to the City of Miami in the modernization of its government so that it could be used on a national basis to assist other cities. Secondly, the grant will provide for the implementation of those phases of all the various studies that are underway in the City and as approved by the City Commission. It will also assist the City in determining how they arrive at a policy decision within the City. It will be an assist to them. There will be staff people that will be employed through the grant that will be working with the City Commission in helping them analyze how they get information to the public and how they arrive at their decision making. It is an important grant from that standpoint but the deadline is the 15th of this month. Mr. Plummer: I will remove my motion and let application be made on behalf of the City as long as it is fully understood that I am very concerned about the meeting of the 18th of the Booz-Allen entire package and are you telling me Mr. Manager, that if in fact we were to just hypothetically turn down Booz-Allen in it's entirety, this grant would still be of vital use to you? Mr. Andrews: It would. Mr. Plummer: I then will withdraw my objections. Mr. Andrews: And recognize that the action you are taking only authorizes me to submit a grant. If the grant is approved, then I will be coming before the Commission to get permission to enter into an agreement and at that time you will have an opportunity to review the contents. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-288 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO SUBMIT A PROPOSAL FOR A RESEARCH AND DEVELOPMENT DEMONSTRATION PROGRAM TO THE DEP- ARTMENT OF HOUSING AND URBAN DEVELOPMENT TO INITIATE A PROJECT ENTITLED "IMPROVING POLICY MANAGEMENT AND ADMINISTRATIVE CAPABILITIES"; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE AWARD AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE FUNDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson. ABSENT: Mayor Ferre. NOES: None 70 APR 111974 54 CORRECT SCRIVENERS ERROR- PLAT NO, 896 - "RIVER COVE" An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OP MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR TRACTS 1 & 2, TENTATIVE PLAT NO. 896 - • "RIVER COVE" FROM C-4 (General Commercial) AND W-1 (Waterfront Industrial) TO R-4 (Medium Den4ity multiple) Pad, 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 REF- ERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL LAWS IN CONFLICT HERE- WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THEN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Mr. Plummer, and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Reverend Gibson adopted said ordinance by the following vote - AIES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. ABSENT: Mayor Ferre. NOES: None The ordinance was read by the City Attorney and copes were available to the members of the Commission and to the public. 5 co SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8248 ALLOCATE $104,375 TO PAY ATTORNEYS FEE & COSTS IN THE CASE OF CITY vs, EDISON HOLDINGS LTD. CIVIL CASE NO. 73-2505 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-289 A RESOLUTION ALLOCATING $104,375 FROM THE 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS TO PAY THE ATTORNEY'S FEE AND COSTS IN THE CASE OF CITY OF MIAMI V. EDISON HOLDINGS LTD., ET. AL CIVIL ACTION NO. 73-2505 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon & Reverend Gibson, ABSENT: Mayor Ferre. NOES: None 71 APR 111974 IPP 55, ALLOCATE $2,000 FOR PRELIMINARY EXPENSES IN ACQUIRING PROPERTY FAR EXPANSION .OEKi$K Snag PAW Mr, Lloyd: We think that we are about ready to come to an agreement for the purchase of this property under our condemnation program. The expansion of Kirk Munroe Park is authorized under the bond issue. Now this is a resolution allocating $2,000 from 1972 Park and Recreation Facilities. We have spent a few dollars in connection with this. In the unlikely event that we are not successful in negotiating the agreement, then we will be ready by virtue of this resolution to proceed immediately with the lawsuit to take the property. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-290 A RESOLUTION ALLOCATING $2,000 FROM THE 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS TO PAY THE PRELIMINARY EXPENSES IN ACQUIRING PROPERTY FOR THE EXPANSION OP KIRK MUNROE PARK (Here follows body of resolution, omitted here and on —file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messr. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. NOES: None 57, EXECUTE QUIT CLAIM DEED- SUNNYBROOK 3RD ADDITION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-291 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A QUIT CLAIM DEED FOR THE WEST 12 FEET OF LOT 20 AND THE WEST 2 FEET OF LOT 1, BLOCK 9, OF SUNNYBROOK THIRD ADD- ITION, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, AT PAGE 72 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO DE WITT C. DAUGHTRY (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 and ABSENT ON ROLL CALL: Reverend Gibson. ABSENT: Mayor Ferre. NOES: None ., 72 APR 11197 58. ALLOCATE $50,000 FROM PROPER FUND FOR REMOVAL OF BLIGHTED PALICTREESSIVLILPROPERTY The following resolution was introduced by Mr. Plummer who m+ed its adoption: RESOLUTION NO, 74-292 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE THE SUM OF $50,000 FROM THE PROPER FUND FOR THE REMOVAL OF BLIGHTED TREES ON PUBLIC PROPERTY (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, and Mrs. Gordon. ABSENT ON ROLL CALL: Reverend Gibson. ABSENT: Mayor Ferre. NOES: None INQTE:__ _mayor F #die -meeting at 2 4-5 -O'clock P.M.! 59, AWARD BID - MODULAR DAY CARE STRUCTURE AT MOORE PARK Mr. Andrews: I have submitted to the Commission, a tabulation of bids received for pre -fabricated buildings for the Day -Care Center Program to be constructed at Eaton Park, Moore Park and Shenandoah Park. I want to recommend to the Commission that we award one of these bids at this time and that is at Moore Park to Panelfab International Corporation and that the other two parks be left in abeyance for at least another week.. We will have a special meeting on the 18th and I can have more information available to the Commission. It is the Day Care Committee's desire to have 3 different buildings constructed so that they can be tested, evaluated and utilized in the parks and the only one I can recommend at this time without further study is the one in Moore Park which is Panelfab International Corporation, it's the lowest bid for that particular park. The other two will have to await further analysis. I want a motion to proceed with the awarding of the bid for Moore Park and award it to Panelfab International Corporation for a sum of $54,344. Mr. Plummer: Rose, do you agree? Mrs. Gordon: I heard what the Manager was describing and yes, for the moment, he hasn't any other alternatives, but within a week he can have additional answers for us so I will go along, yes. I'll offer it. NOTION NO. 74-293 A MOTION ACCEPTING THE BID OF PANELFAB INTERNATIONAL CORPORATION IN THE AMOUNT OF $54,344 FOR MODULAR DAY CARE STRUCTURES AT MOORE PARK Upon being seconded adopted by the following Mrs. Gordon, Rev. Gibson by Mr. Plummer, the motion was passed and vote - AYES: Messrs. Plummer, Reboso, and Mayor Ferre. NOES: None 73 APR 1 1147a NOTE: The City Manager at this time called attention to a letter received froth Mike Calhoun. The Mayor directed the Manager to write a letter acknowledging receipt of game. 60, DIRECT CITY MANAGER TO CEASE ACTIVITIES RE CONSULTING FIRM F(lR CITY COMPREHENSIVE PLAN FTC,. Mr. Andrews: I want to inform the Commission that the interview process for the 3 consultants with reference to the city's compre- hensive plan will take place on April 22nd and I have written the consultants. They all agree to meet on April 22nd and to be interviewed so that I could then submit my findings and my recomm- endations to the Commission. Mr. Plummer: Mr. Mayor - Rev. Gibson: Go ahead JL Mr. Plummer: Mr. Mayor, Father Gibson and I have gone on record very very strongly and I am hoping that the rest -of the Commission concur that we are just simply tired of going out of house to have studies done. Out of house to get outside legal advice. This City has got too big for that and I think Mr. Mayor, the time has come and I think this is the place to start that we set up the proper facilities, we have $390,000 tokwork with on this, that we do this consulting in-house, by local people who know the local problems and have it done so those same people once this study is finished will be around here and be accountable to us for the implementation of these programs. Now that is on this thing that Mr. Andrews just brought up. Mayor Ferre: What do you mean? Study what? This is something that came out of a local North Miami firm that was commissioned by the State Road Department D.o.T.- Mr. Andrews: Let me describe to the Commission so there is no misunderstanding. This is the 3 consultants that came before the Commission in reference to selection of a consultant on the comprehensive master plan of the City on April 22 and I made arrangements for all 3 consultants to be here in my office for the interview process with my recommendations then coming to the Commission at a slightly later date. Mayor Ferre: I beg your pardon - Mr. Plummer: What I am saying Mr. Mayor is that as far as I am concerned we have gone out of house for the last time. Mayor Ferre: It all depends on - Mr. Plummer: I agree and if the Manager can come before this Commission and justify the reasons for going out of house, I'll listen but I am not going to listen too well. Mayor Ferre: Let me give you an example. Mr. Plummer: Theca is an example that I wanted to make Mr. Mayor and I didn't want to get down to.specifics but if we have to, we have to. We had a very fine group come in here and give us a master plan on our pay schedule. Yarger & Co. without a doubt, they dtd a good job but you know, when they got their check, they were gone and here we the Commission and the administration and the Civil Service Board are wrestling with something that we constantly have to write out or ask a man to come down and say, what did you have on your mind when you made this thing together. . 74 APR 111974 • Now I don't think there is any reason why this City can't take this $390,000 that has been allocated and do this study in-house by people who are local and more important, will be here when the study is finished and help to implement the program. What 1 am saying, if you want it in the form of a motion is that first and foremost, we give a reason why we can't do it in-house because I firmly believe that it can be. Rev. Gibson: While we were meeting yesterday, it was disclosed that there is a master plan anticipated, contemplated, for the County. Now if the County contemplates a master plan and we are now on the 23rd going to consider consultants for our master plan, we have to wonder which of the master plans we are going to be dealing with. I would think that under no circumstances, that we ought to even consider consultants for a master plan until such time as we get a policy decision made by the County which would say something to this effect. That Miami, go do your thing and we will adopt your thing as a part of our thing. Now we are going otherwise to spend $390,000 for these studies and nobody will get anything from it and I am not going to vote;at least you will have a negative vote from Theodore Gibson, to consider right now, any consultants. until such time as the County tells us and we want you and Mr. Goode and our Mayor and their Mayor to get together and try to determine a policy thing. You remember that? So I want you to know that until such time as I get that affirmative action, that they are going to do it or they are not going to do it, I am not going to move. Mr. Andrews: This is a basic policy and you Reverend Gibson, should be as you have, acquainted your position to the Commission as :-ta result of the joint meeting and at this poin t in time, the Commission is going to have to make a policy decision because you have resolutions and actions which have caused me to hold these meetings and do these things. If you want to change this direction, then you are going to have to adopt some motions and lresolutions here after you discuss it as to what your wishes are and I will follow whatever your wishes are. Rev. Gibson: All right I am ready to make a motion then. MOTION NO. 74-294 A MOTION DIRECTING THE CITY MANAGER TO CEASE ANY ACTIVITIES CONCERNING THE SELECTION OF A CONSULTING FIRM FOR THE CITY'S COMPREHENSIVE PLAN PENDING A REPORT AT THE NEXT MEETING FROM A COMMITTEE CONSIST- ING OF THE MAYORS OF THE CITY OF MIAMI AND DADE COUNTY AND THE CITY MANAGERS OF THE TWO GOVERNMENTAL ENTITIES Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre: NOES: None Statement on roll call: Mrs. Gordon: I know that Father is interested in getting us an answer and I will vote with him because I know what his intent is, but I just don't want to see our planning die because of lack of action on the part of the County, so we are charging you Mr. Andrews to get us an answer and get it as fast as you can, like by next week. Rv.Gibson: The intent of my motion' is that you get us an answer by the next meeting and I will be the first to offer the motion. 75 APR 111974 4 61. BRIEF DISCUSSION OF PROPOSED LOITERING ORDINANCE PERSONAL APPEARANCE OF MIKE CALLAHAN RE COMPLAINT OF ARREST Mayor /*erre: We will now consider Item 28A. This is the sosicalled loitering ordinance, section a & b. Mr. Andrews: Mr. Mayor and members of the Commission, I want to make very clear the action that is to be taken by the Commission if it reacts favorably to these 2 ordinances. The ordinances before you are amendments to the existing City of Miami Code which I have reproduced and will distribute to you if you should need it. It does not in any way, adjust the existing City of Miami Loitering Ordinance insofar as the policeman's conduct in the field. The ordinance as identified is section 38-55; Disorderly Conduct - loitering and section 38-26, loitering or prowling and the code provides for a description of what the meaning is and the conduct of the police officers. What these two ordinances accomplish is to change the kind of penalty paid as a result of loitering and I can distribute the existing ordinances to you and you have before you, the new ord- inances of the existing code. It only changes one section in that whole existing code. I want to make that very clear. In other words if you refer, and I wish you would to section 28 in your book and look at the ordinance itself. In the first ordinance, 38-55, it will adjust one section of the existing code to provide that upon a second conviction, a third conviction and subsequent conviction, additional and greater fines and penalties than now exist. But insofar as an actual person loitering or what is intended under loitering, we are not making any adjustments to the existing code. Rev. Gibson: This matter came up in the Joint -County meeting yesterday. One of the concerns expressed was that we should confer with Metro- politan Dade County to see if they are willing to do likewise so that for instance if we pass a law which ran people lets say from Miami to North Miami or from Miami to Miami Beach and clean out our City in that fashion. We were hoping that Dade County reading our ordinance and learning of our concern, would want to do as we are doing so that when - we aren't saying we are opposed to it, we are just saying, they and we do it, in the same spirit, we would not be accused, follow me? In a spirit of cooperation. If the county doesn't want to do it, then if we need to do it, we will do it. Mayor Ferre: Now who wants to speak against this ordinance? today? 1-2-3-4-5-6-7-8-9-10 Well, what you are recommending then is that we not do anything today and I agree with you because I think we ought to, since the matter was brought up by Senator Cain,that we should extend that courtesy to Metro as we always do, especially when we are asked, so if it's all right with everyone here, then we will accept a motion to defer this item for consideration. Rev. Gibson: I would so md1'e- M yor Ferre: No we are not going to kill it. We are just going to defer it and then we will let you know in plenty of time. I will recognize you then - Mrs. Gordon: May I identify Ms. Francine Thomas as our Manpower Representative Commission, Mr. Mayor. Ms. Thomas: Pardon for being so blunt about it but if you defer it and we don't get to discuss it today, we have people here who will not be able to tell you some of the things they are concerned about. Now I personally have made a special trip to specifically speak about this particular motion and this particular ordinance and I would really like to get my feelings and what I think about it, on record today so that when it comes up again, I may not be able to spare that kind of time: 76 APR111974 • I just think it would be a hardship for others to course -back out again so that's my objection to your deferring it to another date. Rev. Gibson: I understand your concern. Since Senator Cain did express this great concern, I think we should discuss it now. I hate to be put in a position where you send me to bargain etc. Mayor Ferre: The chair is going to rule this way ladies and gentlemen and with all due respects to all of you and I recognize some people in the audience have been here for many many hours. This will take an hour. If•we open this for open discussion, it will take an hour. Now there are other people here on other items and if you want to discuss it, I would be perfectly willing if you will stay until after these 2 or 3 items, that's the way we are going to do it. If you don't want to stay, then you are welcome to leave and I apologize to you, we will let you know :with plenty of notice so that when it comes before us, should it come before us, should it come before us again - we will let each and every one of you know. I think I pretty well know who the objectors are. I recognize most of you. Unidentified Person: Mr. Mayor, may I suggest, that if you are willing to defer it as of this time, that when it comes up again, it not come up as an emergency ordinance where it only has one hearing. We should have 2 shots at it. Mayor Ferre: I agree and you have my commitment on that. Rev. Gibson: Even better, leave your name and address with the Clerk and we will be sure you get that notice. Mayor Ferre: Those of you that want to stay, I will hopefully recognize in the next half hour. Mr. Andrews: I think that there are 2 points of clarification here. 1. Is that the City of Miami still has a loitering ordinance which we are going to continue to enforce - Mayor Ferre: Everybody understands that. You understand that we have an ordinance now that is going to be enforced. Mr. Andrews: 2. I think that the City Commission will need to give me direction as a total City Commission now as to how you wish me to proceed on this so that I have something positive. Mayor Ferre: As Father Gibson said, we will make it in the form J of a motion in a little while, okay? Michael Callahan: I am very much against this frankly. The reason i don't like to defer is that I spent Monday in jail on this stinking little mess here. Mayor Ferre: Please wait 20 minutes and then I will let you talk all you want. Mr. Callahan: I will wait. •: 77 APR 111974 410 41 62, APPROVE CITY MANAGER'S RECOMMENDATIONS FOR ORANGE BOWL IMPROVEMENTS_ Mayor Ferret Mr. Paul Marks is here at my request and invitation. Mr, Marks, i want to say publicly on the record that I as a citizen of Miami am well aware that if it had not been for the many hours, days and weeks of work that you have put into the Orange Bowl over the past 30 years, we would not have as much as we have today in the Orange Bowl so speaking for the City of Miami, for my fellow Commissioners and for all of us, I want to once more commend you publicly for the great efforts you have put forth over the years for the Orange Bowl. We have a memorandum from the Manager which has been sent to all of the members of the Commission and I assume that everyone has read it and I have asked Mr. Plummer if he would carry the discuss- ions and then after that, we will recognize you Mr. Manager. Mr. Plummer:It is the request and I think pretty well known what the major tenants of the Orange Bowl put forth in their list of priorities. One of the priorities which they asked for is in the recommendations of the City Manager, #1 that he is opposed, and that is that the City NOT, as requested by the users, engage a consulting firm to evaluate whether or not the Orange Bowl should be modernized or a new sports complex constructed. I think that this Commission has on many occasions, gone on record that we are in favor of leaving the Orange Bowl as a football complex and to be that, just that, an Orange Bowl complex. #2. Is that the City proceed with its improvement program at the Orange Bowl Stadium based on an outline of improvements suggested by the users. In other words, what we are saying there is that this improvement program incorporate the priorities set forth by the users and the City proceed to implement that program. #3 That a committee be formed known as the Improvement Advisory Committee to the City Manager to work in conjunction with him to get these improvements expedited in the Orange Bowl. #4 That the City proceed as funds permit, with a stage program for implementation of the Orange Bowl Stadium modernization improvements. Just for a little bit of interjection there, we are still awaiting the word of the 4-major users of the Orange Bowl as to whether or not they will enter into some type of long term leases, so the City will know whether or not, they can do, they the City, can do all of these improvements in a very short period of time or if not, me then know that we have to do it over a 5 or a 10 year program. #5 That the City Manager be authorized to obtain proposals for consulting services for implementation of the Orange Bowl modernization. This is to supplement the public works department in those areas they do not have the expertise for a one shot deal. Now we can take and implement these 5 proposals as they stand and then I have something that can be done now, I have discussed with the City Manager to show good faith on behalf of the City. I would at this time Mr. Mayor- Paul do you want to speak on this on these 5 proposals? Ok. I would then, Mr. Mayor, offer at this time a motion approving the 5 step outline proposed by the City Manager and I offer that in the form of a motion. Father can I answer any questions for you? I am pretty well versed on this. Reverend Gibson: You answered one basic question I had in my mind. I saw local consultant engineering firm. All right. I'm willing. The following motion was introduced by Mr. Plummer who moved its adoption; MOTION 74-295 A MOTION APPROVING THE FIVE RECOMMENDATIONS FOR ORANGE BOWL IMPROVEMENTS SET FORTH IN THE CITY MANAGER'S MEMORANDUM OF APRIL 10, 1974, ON THIS MATTER. 78 APR 1119f4 ttpon being seconded by Rev. Gibson the motion was pass.. ed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plutamer, Mr. Reboao and Mayor Ferre. NOES: None. Conversation during roll call: Mayor Ferre: Mr. Plunnmer, I want you to read the notion over again to tne, pleaae. Mr. Plumper: Very simply, Mr. Mayor that steps 1 through 5 of the City Manager's recommendation be approved. Mayor Ferre: If you will forgive me and read them one more time. Now it is concerned that as far as the consultant is concerned that it is going to be a local consultant? Mr. Plummer: Yes. Now Mr. Mayor, that is only consultant for the specific improvement where public works cannot handle it. Mayor Ferre: I understand. The point is that the City doesn't know anything about seating. Look, you're basically talking about 4 things. You are talking about the rearrangement of the stadium for seating. You're talking about public areas mainly bathrooms. Mr. Plummer: Now that in another area... Mayor Ferre: That's #3. I know you're going to address yourself to that specifically but it fits into this catagory too. #3, you're talking about improving access which means maybe escalators, maybe the ramps need improving, I don't know and #4 you're talking about beautifying it in whatever possible ways we can. Those are the basic areas we are talking about, concession stands, that's the fifth area. Mr. Plummer: Well now, Mr. Mayor, those are the areas. This is the policy. Mayor Ferre: Yes. Mr. Andrews: There are some things, Mr. Mayor can attend to itself and attend to them rather and Commissioner Plummer wants to brief you on Reverend Gibson: While the Mayor is thinking, for a local firm. How do we get it? Mr. Plummer: We so instruct the Manager. that the City immediately those. J.L., I am Reverend Gibson: NO, J.L., that isn't what I mean. I don't want the Manager to go say ok, I want John Doe, I want a basis for getting John Doe. Mr. Andrews: It is a criteria of state law.... Reverend Gibson: Right. I want a basis of getting John Doe over Harry James. Mr. Plummer: That's the ABC theory. Mx. Andrews: There's a state requirement that you follow... Reverend Gibson: Beautiful, all right. 79 63, DIRECT CITY MANAGER TO PROCEED WITH.CERTAIN IMPROVEMENTS AT THE Mr. Plummer: Mr. Mayor, 1 have now discussed with the Manager three areas in which we can start today to make improvements to show good faith on behalf of the city which they feel can be completed before the regular football season starts assum- ing funds are available. And those areas I would like to im- mediately give the Manager the authority to proceed, the areas being #1 the bathroom facilities, #2 the lighting system as it relates to the field and #3 the completion of the sound system. Reverend Gibson: J.L., I want to second that motion but I have a problem. You just asked me to authorize the Manager to get a consultant... Mr. Plummer: No, sir these three do not need consultants that's why we chose them This all can be done within house. Mayor Ferre: Paul, do you agree with that? Mr. Andrews: Yes. Mr. Plummer: We talked this out. Reverend Gibson: All right, let us talk it out now. You know if you are going to get a consultant firm I would hope that the consultant firm was taking into consideration what you are saying and what we need to be saying and I just, I follow what you are saying but I am wondering about that con- sulting firm. Mr. Plummer: Father, that is why I say we chose these three areas because a consultant firm would not be needed. These three can be done in house and we could start to implement these and would in no way damage the overall picture. The restrooms, the improved lighting and the completion of the sound system. These are things that can be done now. Mr. Andrews: Example. We had a study made many years ago by a consultant as to the lighting system. We're following that. One of the things we are considering is relamping the existing system with new type lamps. The sound system, we hired a consultant who prepared a rather elaborate plan and the thing that most people don't understand is we have been able to complete one major phase. The most significant phase of the Orange Bowl and that was the big box with the sound system. That has been mis-used to the extent of the half time shows and this is where the City is receiving its complaints. The tendency is to plug a microphone in on the field and try to broadcast through that box up on top and that won't work. You get an echo and the people can't sing or talk and what was designed by the consultant was a supple- mental field system of speakers with microphones, a portion only of which we have purchased. We want to complete that so that there is a good portable sound system for half time events and presentations. Mayor Ferre: A11 right, how about the scoreboard, do you remember? Mr. Plummer: Please, you're getting into another area. r 80 APR 111974 Mr. Andrews: Tha one ist going to take a considerable study. Mayor Ferret All right. Now there is no controversy of these three things, right' Mra. Gordon: Let Me ask you about the bathroom facilities. What are you planning, just a clean up job? Mr. Andrews: No. The major addition of the separation of the teens and women' toilets. Mrs. Gordon: Separating the floors that they are on. And you don't need a consultant for that? Mayor Ferre: No. We don't want to get into the details of this. Reverend Gibson: Let me ask this, Mr. Andrews. I know what that sound is like because I have been out there giving the invocation. It is awful. All I want to make sure in my mind is when we do what you are now advocating, J11 in your reco- mmendation, any addition that we make on the east side will be compatible or can be included into become a part of, is that right? Mr. Andrews: That's right. And I want to add the procedure I am going to use as a result of the motion that you adopt which later will become a resolution, with this improvements advisory committee, before we come to the Commission with a plan of improvements we will have gone before the advisory committee, .k ought their advice, 45 ought their recommendations and brought that information to the commission so that when we come we are coming as the City Administration and the users in agreement that this is the way to achieve the im- provements. Mr. Plummer: Paul, you know I am thinking. Mr. Mayor, I think maybe Paul what you might do is put a member of this Commission on that advisory group. Mayor Ferre: I do that. Mr. Andrews: I am reluctant to recommend doing that. Mr. Mayor, I am going to encourage you not to do that. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-296 A MOTION DIRECTING THE CITY MANAGER TO PROCEED IMMEDIATELY WITH IMPROVEMENTS TO THE BATHROOM FACILITIES, THE LIGHTING SYSTEM AS IT RELATES TO THE PLAYING FIELD, AND THE COMPLETION OF THE SOUND SYSTEM AT THE ORANGE BOWL, SAID IMPROVE- MENTS TO BE MADE AS FUNDS BECOME AVAILABLE, AND SAID IMPROVEMENTS TO BE COMPLETED BEFORE SEPT- EMBER 1ST OF THIS YEAR. Upon being seconded by Rev. Gibson the motion was pass- ed and adopted by the following vote AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 81 APR I11974 a 64.; ORANGE BOWL ELECTRONIC SCOREBOARD - DISCUSSION di ith th i b k t When poles you start moving about the O. Bowl with scoreboard at that location, you begin to recognize that a significant number of people seated in the 0.Bowl will not be able to see the new scoreboard. They would have to depend on a supplemental scoreboard. So before we commit ourselves to the exact location of the scoreboard, we are going to have to have an analysis made as to where it should be best located. We are in the • process of preparing proposals, MM. UM NW Mayor Ferre: That is very nice, but aside from that how people do you have that's interested. Mr. Andrews: We received proposals as long as a year ago from three different firms and have those, and from one firm two proposals, so they are ready and willing to proceed as we, Mayor Ferre: Paul, I want to make sure we all understand, when we are talking about a scoreboard we are talking about a scoreboard. I don't mean a dinky deal. Mr. Andrews: We are talking about $750,000. to $900,000. Mayor Ferre: We are talking about something that has lights, and you can put messages across, --- Mr. Andrews: --the most modern one we can get. Mayor Ferre: Like the one in Kansas City? Mr. Andrews: Yes, sir. ----Flash-on and play back, ---- Mr. Plummer: I have seen some of the proposals, and I tell you, they have the scoreboard today that can almost talk. It is unbeliev able. The one I saw on the Astradome is just an electronic wizzard. The one they have in Candlestick Park, this is what we want to do, is to get these proposals together so we can get the finest one available for the City of Miami. Mayor Ferre: Since Commissioner Plummer seems to be so well informed, on chickens and the 0. Bowl, his present to me in the early part of the meeting, I am going to 82 • • r/ appoint Con nissioner Piutrmner on that committee, Mr. Andrews so he can meet with the users, because 1 think the users A are fine but we want to have some in -put from the Commission point, along with the administration. 65, DISCUSSION ITEM: VIRRICK PARK & MOORE PARK PROBLEMS Rev. Gibson: Mr. Mayor.. I want to mention a matter I am concerned about. You were not here, these fees for the different parks. I want to raise a question. It came to my mind that we were having some controversy in our park, Virrick Park. Where is Mrs. Virrick? Mayor Ferre: Mrs. Virrick had to leave. Rev. Gibson: Let's make sure I understand. We have those young people down there in that building. They have enough problem as it is, it looks like their problems will be with us until we die. As long as we have young people. we are going to have them. On second thought, what really blows my mind is, if any of those young people now were playing tennis, and they are going to get some steam off, what would happen if they want to play, and don't have the 50you are talking about? Mr. Howard, Dir. of Parks and Recreation: The only two areas we have a charge for tennis is Henderson and Moore. There has always been a charge in Henderson and now at the new facilities at Moore Park that will be a charge there. The other fifty courts we have throughout the City, there is no charge. Now, the Junior Tennis League we referred to this morning, that is being conducted in five areas of the City of Miami, and in the Coconut Grove area we have four courts, Rev. Gibson: J.L., I am going to follow you one of these days, I am going to listen to you. A Doctor, ---who lives on N.R., the NB area, around 55th street toward the Bay. took me out to Moore Park, and showed me all those people out there playing. I take it Moore Park is a neighbor- hood park for that particular neighborhood. Is that right. Mr. Howard: Yes. Rev. Gibson: What would happen if young people in that area wanted to play tennis and were not able to pay the fee. You were saying J.L. earlier, what about people who can't pay, what are we going to do with them. Mr. Plummer: I remember that. Rev. Gibson: Right. I am going to listen to you one day. Mr. Plummer: That is why I was so insistent that we had to have a review in six months, and he agreed to it. Rev. Gibson: Please answer that, because I am just a little, I know what that Doctor said to me. Mr. Howard: I think if it came down to some boy, girl or adult who couldn't play tennis because of lack of funds APR 111974 83 that we would make sure they got on to the courts, in any court, *nether it be Henderson Park or Moore Park where we are charging Or the other tennis courts. If he did not have a tennis racquet, we will make sure we put a tennis racquet in his hand so he could play tennis, and the ball. I don't think we would exclude anybody from playing if they didn't have the money to play. Mr. Bob Simms: My name is Bob Simms, I atn a taxpayer, I live three blocks from Moore Park, and I guess I have a concern about this, because as a public servant who is employed by the Metro Dade County Community Relations Board, we are concerned about alternatives to loitering for example. We are concerned that maybe if Hank Aaron had to pay 500 to get on a baseball field, homerun 716 would not have been hit. We are concerned that at this point in history, young Black kids in the ghetto are beginning to break through the barrier of tennis, a sport that has been restricted to private clubs to the country club set, and those who could afford it. We are concerned that several years ago, when Moore Park was a tennis mecca of the N.W. community and the courts were clay, a time in which those courts began to deteriorate, we saw an exodus of those players who did not reside in that com- munity. We saw a group of people who stuck to those courts whose complextion happened to be a color, come before our board and request some assistance in making sure that tennis facility at Moore Park was re -surfaced and I would like to commend this Commission for making sure that was done, as the Moore Park courts were included in the bond issue. We now have one of the finest facilities in this community and I here to tell you the Black citizens of that community are very proud of this commission for making this happen. It so happens, however that many of the individuals, young Cathy who is 14 years of age, who goes to one of the junior High schools in the area and who has turned out to be one of the outstanding tennis players on the Moore Park facility in six months, would not be able to play. Young Kimberly Sands, who was recently offer a scholorship by Rollins College in the University of Miami, when she visited the Univ. of Miami matches when Rollins was playing the University and beat competitively in tennis, Rollins 4th and Sth player, they offered her a scholarship on the site. Young Kimberly Sands and herbrother who plays quite well, who is 13, would not be able to play on Moore Park if these fees were fixed, so what I am suggesting is, though I understand the fees, and I understand the popularity of tennis in Dade County, I would like to suggest that we- are about the business of Dade County, develop an alternative life styles for young people, lifestyles that will take them off the beat of drugs, off the beat of crime, and we would like for those lifestyles and those alternativea to be fee -free, because as a taxpayer I would think I am paying for that, so I hope, members of the Commission, that if you have to establish a fee, work out some system of waiving those fees for residents of communities, because we have waited long, long, time for first class facilities, and now that they are there, those individuals who fled the community because of the exodus of a certain population, now want to come back and enjoy the fruits of the community. Let them pay for it, but let those who reside there, enjoy it by the virtue of the tax we pay. So I humbly beg you, to do what you can to allow young kids, and some of the older citizens of the Community that don't have the where -with -all to pay. 84 APR 111974 Thst last week, at the Univ. of Miami's tennis stadium, we had 350 young people from all over Dade County, that are going to flooding the courts of the total county. Yea, they can play on the other courts, but not every kid is a beginner. They have young kids now who are going to be financed by a group of people into the major tennis circuit. Those individuals because of their financial and economic needs are not able to pay any kind of fee to play there. Northwesterns and Miami - Jackson studentrpopuiation are not able to pay to get on those courts, and not: all of them are beginners. So though this may have passed, I humbly beg you to take some action now. Not six months from now. Six months from now Chief Garmire will have encountered another police situation with a young kid who might have been on a tennis court, but instead might have no alternative than to be on a corner. I think immediate action is necessary. Mrs. Gordon: Mr. Howard, how can you arrange so that those that really need assistance could be given either a pass or some identification permitting them to use the court, and those that can afford of course will pay. Can you work out something of that nature? Mr. Howard: It is possible to go with the students in that area, and permit them to utilize the courts with a pass, the residents in that particular area. Mr. Simms: Would you ¥r. Howard, allow some of us to work with you in establishing a procedure of identifying people who might not be able to pay such fees? Mr. Howard: If this is the wish of the Commission. Mr. Plummer: Let me ask you something. I agree with what you say, and believe me Gibson can tell you, two weeks ago, we had one heck of a problem at the swimming pools, and we prided on ourselves that these swimming pools were free of charge, and I have to tell you, the situation go so out of hand at these pools, that if you throw a kid out he didn't listen to you, it didn't cost anything to get in. So much so, whether you are aware and Father Gibson, --at Virrick Park, let's call names, we had a rough time getting a life guard to stay there because of his phisical well being. I know poverty is bad, and maybe I am a bad one to speak about poverty, but we are talking about the price of a coke, 20 to 25 cents, are you telling me that poverty exists to the extent that this kid couldn't deprive himself of a coke, --- Mr. Simms: I am telling you. Mr. Commissioner, that kids cannot come up with 250 to pay for lunch in the public sdlools of this county, and we can simply look at the free -lunch program to verify that. Mr. Plummer: I'll accept that. Would you then accept the same type of program, and this concern was raised by me at the time, that we were.going to drive the kids out of the pool, even though history says that it hasn't, and believe me, much orderly pools today that we didn't have before, because when you threw a little kid out today for misconduct, it cost him a quarter to get in, he thinks a second time, next time. I don't really like the idea,but I appreciate both sides. And Mr. Reese came up with a solution before, that if a kid didn't have the 250 that he could go out and collect 25 aluminum cans, in lieu of the 250 fee. Would you go along with something like that. 85 APR 111974 Mr. Simms: No, sir, 1 would not. And let me tell you why Mr. Plummer. I think to compare tennis at Moore Park with swimming at Manor Park specifically, 1 think we are talking about one activity which has absolutely no community support and another activity that has tremendous community support. We have formed a coalition of a corporate community, government as reflected in the two parks departments of the county and City, of the community school system, and a tremendous amount of volunteers.When these individuals lock into the life-style of a young kid, that young kid knows some- thing is expected of his behavior, not everybody comes to Moore Park to play tennis. Tennis is an unusual kind of activity. We are not talking about the kids who are just beginning. We are talking about the Jackie Robinsons, the rthur Ashes and the Althea Gibsons who are looking for the Branch Rickey, and I am here suggesting that maybe your roleis that of the Branch Rickey, to provide them the acceptability to the major leagues not every kid, those kids that are beginning will be on Olinda Park, on Manor Park, will be on Brownsville, Edison,Dixie and Coconut Grove and Grand Avenue. They will be there. We are talking about the kid who can play tennis, and does not have the where -with -all, and we are suggesting that my taxes ought to provide him with the opportunity as opposed to penalizing him simply because he is poor, to go collect 25 beer cans. (applause) Mr. Plummer: During this 6 months program, Mr..Howard, so that we can build up some kind of history, is not possible that you could have yov'park man, whoever delegates the space, for those people who cannot afford it, to be given a pass, and then that can be reflected back in the 6 months study, whether or not there are sufficient number who used the pass or who did not. Won't that take care of it? Mr. Howard: We could actually set a few court:s aside for this, that would be available for the boy or girl coming in that did not have the money. Mr. Plummer: I am not going along with that. I am sorry, either the whole court is one way, or they are -not that way. Mr. Simms: You see Mr. Commissioner, if I may, the uniqueness of tennis, is that it is bringing this community together like nothing I have never seen in my 21 years here. On Moore Park you have people that play tennis well, who are pros, and one thing about a tennis buff, is very similar to a musician, he wants to share his talent with others who want to learn. If you restrict the poor kids to the poor -kid court, then he can't play with the affluent tennis player, that defeats the total program. Rev. Gibson: I think Mr. Howard has indicated, ---- Bob, I don't play tennis, and I pay taxes, I wouldn't know a tennis racquet from a hole in the wall. All I am trying to say is, when you give me the argument, ---I can't bleed to death for tennis, --all 1 am saying, Mr. Howard has given us an out, I think. If anybody has a problem, and can't afford it, I think the answer is, Mr. Howard has said, we would not inhibit, anybody.. I want to say something up here, that Mr. Howard, --is going to shock some of them. You know, there 86 APR 111974 are times I feel, like dog -gone it, we are going to have to make an effort and strain a nerve.. Brother Sande, that is true, and instead of getting a 5th tonight, maybe we ought to save 500 for the tennis court, or some other thing. I know that sounds awful, but I want to tell my brothers now, I want you to try to understand the spirit in which we are doing this thing. Bob, Mr. Howard heard what we said. That saves the day for us. How, if at the end of the time, 6 meths, we report back and it proves that we have to change what we have done, I am sure every person up here, I pretty much can speak on this issue for the Commission, they will change. This is the most sympathetic commission, --I have been here 28 years, --that I have seen. Not because I am on it, but because I know. I want to urge you. to at least try what he has said, and if you have any difficulty, remember, you have the same opportunity to come back here, and we will address ourselves to the issue, just as quick to that part of it as we did to this part. Mr. Simms: Rev. Canon, Father, Commissioner Gibson, I have no problem with Mr. Howards suggestion at all. Rev. Gibson: Thank you very much. Unidentified person: I don't want to do any damage to Mr. Howard's suggestion, for I understood it clearly. I just want to say if you are going to have that kind of leeway for children who can pay the fee, I want to know if it is going to be a publicized thing, because if a child does not have the money, I don't know if he is going to show up to play. You would not get a clear picture of• how many need it by using that kind of, --that is my only concern. Rev. Gibson: Let me speak from this side of the thing. One of the geniuses we have been able to cultivate or develop, is we know how to cry when we ought to laugh. It is an awful thing to have one of us up -.here who under- stands that language. Now, my darling, we have the most unique way of getting the news across, and if a boy or girl or boys and girls, who mutually share that court, have any difficulty with that fee, we know how to get it by and large. 1 think Bob understands, and we understand Bob. I promise you, if there is any problem. you go to Mr. Howard and you will get immediate relief. Let's leave it that way so we won't tell everybody to come up there and tell us they can't afford to pay. Mr. Simms: I would like to publicly compliment Mr. Howard on the very fine cooperation he has given here, and his staff, in the development of this Miami Chapter of the National Jr. Tennis league. It would not have been possible, so I am not here to criticize anyone, I am simply here to say, if we can keep on trucking, we are going to save a lot of young people from the Dade County jail, and I think we are on that way. Rev. Gibson:We are together, Mr. Howard, thank you. (applause) Mr. Plummer: Mr. Simms, after what Mr. Howard has just heard here, he is going to personally stand up there with a bucket full of quarters. 87 APR 111974 66, FEDERAL iligtitic628AUSTO6Br" COMMITTEE Mr. Andrews: Mr..Mayor and Members of the Commission. 1 have on several occasions, when asked by the City Commission, to advise you as to the status of Chief Garmire's submission, as to supplemental budget, that budget which identified i'eyond the $756,000. provided by the Commission for expanding police services. The proposal submitted to me by the Chief represents approximately 211 to 2 3/4 million dollars, and is significant enough that it should be considered with the review of his entire budget, --the Police Department's entire budget. and I place before the Commission a resolution asking you to adopt my recommendation as the Commission's policy and that we review this at the budget hearings which will be available in the next several months. Mr. Plummer: Mr. Mayor I want it on the record, and I was the one that forced the decision, that the City Manager takes full responsibility for any and all occurences that this Commission cannot have a finger pointed back at it. that we did not turn the Chief down, but upon his recommendation we are letting it go over to the regular budget and as long as that is fully understood, I will with the motion and concur. -that this go to the regular budget in October. Mr. Andrews: I want to make sure that I understand what Commissioner Plummer is suggesting that I assume full responsibility for exactly what, ---- Mr. Plummer: ----that you assume full responsibility that when the Chief put in that statement, that this is what he needed to bring his force up to minimal standards, that the Chief cannot come back at this Commission and say gentlemen, I gave you my list, and you did not do anything about it, that this Commission is acquiescing to the request of the Manager and solely any responsibility would be upon the shoulders of the Manager. Mayor Ferre: Is the Chief still here, ----I just saw him back there. We are going through this, and then I want to come back to something. Is there a motion, Mr. Plummer: I'll move it, Mayor Ferre: is there a second? Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-297 A RESOLUTION ADOPTING THE RECOMMENDATION OF THE CITY MANAGER TO DEFER THE POLICE DEPART- MENT'S REQUEST FOR SUPPLEMENTAL BUDGET ALLOCA- TION FOR THE PURPOSE OF EXPANDING THE POLICE DEPARTMENT'S OPERATIONS, AND FURTHER PROVIDING THAT SUCH SUPPLEMENTAL BUDGET BE CONSIDERED DURING THE BUDGET HEARINGS FOR TIE 1974-75 FISCAL YEAR (Here follows body of resolution, omitted here and on file in the City Clerk's office.) 88 APR 111974 Upon being seconded by Mr. Reboso, the resolution watt passed and adopted by the following vote .. AYRSt Mr. Plumper, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Terre. NOES: None. Rev. Gibson: Mr. Mayor, I want to ask this question, i see where we provided an additional $50,000. to the Downtown Recreational Center, and provide - have we used up all the revenue sharing funds? Mr. Andrews: No, sir, ---- Rev. Gibson: The reason I am asking is because I have another thought in my mind. Mr. Andrews: Let me say that you are using the balance of the monies that were appropriated or proposed to be appropriated from the first allocation of revenue sharing funds. This allocation has nothing to do with the new allocation of approximately eight million dollars or thereabouts, that you will be taking under consideration when we go through the budget process once again in the next few months. This money principly comes from the one million six hundred thouaand dollars of retroactive pay that we were not able to pay the employees from October to January of 1972, if I have the right year. In addition to that there was a reserve of $849,000. for the purchase of the Dinner Key property which is listed here but not appropriated. In addition to that, these monies ,and other revenue sharing monies accrued approximately five -hundred thousand dollars in interest over the time that we had it. Those monies were all added together and they represent $3,007,422.00 and you are through this appropriation, appropriating those funds. Rev. Gibson: Mr. Andrews, react to this for me,because I want to vote intelligently. As we indicated, Mr. Mayor, maybe this is the way I am making my report, as we'indicated in the meeting yesterday, I could not sleep after the last meeting. Rose put something on my conscience, ---and my wife will tell you, I go to sleep at night, and you never know I am in the house, one night I was turning so bad, she said what is wrong,- ---I was bothered just thinking about it, Rose called to our attention, you remember the matter we discussed yesterday about the frail elderly, and I was just trying to as we are going to do this, I wastrying to --maybe this is not the plate to bring it up, we can take it up after we get through this, Mr. Plummer: You can't because Rose is going to once again go back for the 50 instead of the 25, and there is only 25 designated in here, so you can't do it first. Rev. Gibson: bothered me about if we could do it $500,000. What I am trying to say is, my conscience the frail elderly. I just wanted to know all together, I heard you say it was not Mayor Ferre: Make a motion, Father, Mrs. Gordon: Father Gibson, what you are saying and what I agree with, I think everybody here agrees we should go this pilot program ourselves -and get it going. i Mayor Perre: That is not what he said. That is not what I heatd hire say. That is not what I think he means. Mr. Plummer: Rose, let me see if I can offer it. Mr. Mayor I have no qualms about increasing this to $50,000. The only reservation that I have is, that the over all long term funding should be from Metropolitan Dade County, that is my reservation. I have nothing to Hake me even hesitate to give the $50,000. to get this program started and to get it going. The only thing we would have to do, is we are back to the old game of rob Peter to pay Paul. Mr. City Manager where can we take 25 from to add 25 to this? In other words that would be funds from now until the let of October. Where do you recommend it come from rather than us doing it? Mr. Andrews: Is the Commission committed that you are going to take the 25,000, is that the policy, Mr. Plummer: Well I think the consensus of the negative person speaking and that is me, yes, it is . Mr. Andrews: Then I would say you should reduce this appropriation ordinance,Item F from 125,000 to 100,000. Mr. Plummer: What is item F? Mr. Andrews: Motor Pool replacement, --- Mayor Ferre: There is a motion that Item F be reduced from $125,000. to $10C,000. and a new item created, ---and Item H would be increased by $25,000.. There is a motion by Father Gibson, Mr. Plummer: I'll make the motion, wait a minute, I have a problem. Mr. Max Friedson: I am satisfied, as long as you give us the $50,000. Mayor Ferre: Have you ever got anything without talking? Mr. Friedson: No, this is the first time, and I congratulate you allowed me not to do much talking, I have already tailed enought on the subject. I would like to make this statement about J.L. Plummer, ---I was drunk with my success here last time I was here, so I went up to the County Commission and I apoke before them also about the same thing, and I wanted you to know they were very pleased, and accepted it in the same manner you are doing now, not before, but now, and 1 think we are going to be able to work this thing out later. That is what I wanted you to do, but meantime, what you are doing is a tremendous credit to you, we want to make it a success. Mayor Ferre: Max, I want to say I read Mayor Orr's statement toeand it is a credit to Mayor that he has the vision and responds as quickly as he does to the needs of the people, and his grasping it so quickly is very encouraging. Mr. Friedson: I'd like to see this pass here too, it is very important that it does. i 90 APR 111974 bi. UKUINAnr_ AreXi l';X1Hu Ir uMWM1?I 4C4, rr-UGRML tCYLivic SHARING FUNDS. .AS AMENDED An Ordinance entitled i- AN ORDINANCE APPROPRIATING A SUM OF $ 3 , 007 , 422. OF UNCOMMITTED FEDERAL REVENUE SHARING FUNDS INCLUDING IN- TEREST PROJECTIONS TO DATE BY AMEND- ING ORDINANCE 81.92, AS AMENDED, BY PROVIDING $756.000 TO RESTORE FUNDING FOR PROGRAMS HELD IN ABEYANCE OR RE- DUCED TO PROVIDE FUNDING FOR THE POLICE EXPANSION PROGRAM; TO PROVIDE AN ADDITIONAL $50,000 TO THE DOWNTOWN RECREATIONAL CENTER, AND PROVIDE $2,201,422. FOR NEW AND ADDITIONAL PROGRAMS AND CAPITAL EQUIPMENT AS SET FORTH, DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIRELENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Rev. Gibson 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: Mr. Reboso, Rev. Gibson, Mrs. Gordon, I1r. Plummer, Mayor Ferre: NOES: None. Whereupon the Commiss:.on,on motion of Rev. Gibson, seconded by Mrs. Gordon, adopted said ordinance by the following vote AYES: Mir. Reboso, Rev. Gibson, Mrs. Gordon Mr. Plummer Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8249. Mr. Plummer: Mr. Mayor, may I ask that we take a few minutes and look this thing over. Paul, do I understand from Sec. 2 on down it is entirely the same as it was pro= posed at budget time. Mr. Andrews: The area that you are considering is this top of the page where you find the total $3,007,422. the rest is adjustment to an existing ordinance, to take this into consideration, but that is the change right there. That is the money available for appropriation. Mr. Plummer; The cost of the Chicago group, where is that coming from? Mr. Andrews: That is the $52,000. for the first 8 months. Each year is approximately $100,000. Mr. Plummer: You are only talking about $52,000. Mr. Andrews: Yes, that was the first agreement and carries to a certain point, gets us through the first phase of the Sgt. examination and begins to set up the other examinations.. Mr. Plummer; The rest will come from the revenue sharing? Mr. Andrews: Yes, when you discuss the $8,000,000. or so, that will all show up. I'll be advancing a recommended program to the Commission. Mr. Plummer: Okay. APR 111974 91. Unidentified person: What is that Downtown Recreation Center? Mr. Plummer: That is the St. Luke's, Mr. Andrews: You originally appropriated $50,000. they would have liked to have had $100,000. and the other 50, and it is now available, so we are completing our committment. Mr. Plummer: Mr. Mayor I would like to clear the record so there will be no misunderstanding when October rolls around. I want everybody to hear this good loud and strong, --I am still, Mr. Mayor, of the total committment that we,the City of Miami turned over our social service type programs to Metropolitan Dade County. I am a firm believer that these types of programs should be the responsibility of Metropolitan Dade County. If we are to be inovative and start these programs, so we can get them, and be the impetus well and good, but Mr. Mayor 1 still have a very strong feeling that social service type of programs should be the responsibility over there and I hope they hear and heed this plea. I predicted to you last year Mr. Mayor, not you, you were not here, but the members of this Com- mission, that I really dread this year at budget time, because I know without question, that this Commission is going to be beseiged with requests by people who, --just no way that we are going to be able to comply and maintain a city. So, Max I hope you hear me well, Annette Eisenberg, I hope you hear me, that you had better start working on Metro right now,that the City has started these programs and that they had better start thinking about ways to carry them on. Mr. Lloyd: Let the record reflect that each Commissioner has a copy of this ordinance, and copies are available to the public and let the record further reflect that the Clerk by interlineation has corrected the figures in Sections F to $100,000. and Sec. H to $50,000. and that is the way the ordinance was passed. Mayor Ferre: Thank you. Now, Max before you speak, I want to make a point, Mrs. Essex who has been here all afternoon, has a 4:30 appointment and has to go in about five minutes so, you've got a minute. Mr.Max Friedson: I have been appointed by Mayor Jack Orr through the Commission on the Area Planning Counsel, repre- senting the County Commission and I'd like the privilege of having you appoint me to represent you , to discuss things with Metro and the City. Mayor Ferre:You are officially appointed by the Mayor of Miami, Mrs. Annette Eisenberg:I'll just take a second please. Mayor Ferre: Go ahead. Mrs. Eisenberg: I took note what you said, J.L. Plummer, and my impression of General Revenue Sharing funds was that it was supposed to increase some of the people programs,right? It was also supposed to reduce taxes, and I see your are only adding things, ---the cost of police examinations. We were told last night that was coming out of general funds. 92. APR 11'914 It t•T8^a not s =t for revenue sharing £unJs. We find ways Of spending additional monies, and new projects, but you tell us we are not going to be refunded next year in our social programs. Well the Police are getting priority. Mayor Ferre: That is your opinion, there are other Opi►ions here, my personal opinion is we have a personal responsibility to fund social programs. we may not be running them. Zir. Plummer: Nr3. Eisenberg's happens to be a program existing on City property and I have no qualms about it. Mr. Mayor, the one thing I have qualms about, and I want to tear up the City Manager. Mr. City Manager, I want to tell you something. I want from you at the next Commission meeting a possitive program on street lighting. I want to know this million.two that is allocated for street lighting, I want to know when it is going to be put in. Mr. Andrews: It has been going in. 68, ESTABLISH CITY OF MIAMI ADVISORY COMMITTEE" ON REVENUE.SHARING Mayor Ferre: Mr. Lloyd we didn't pass 11C, do we have to pass that? Air. Lloyd: This is discretionary on the part of the Board. This is an advisory committee on revenue sharing if you want an advisory committee. Mr. Andrews: i•Ir. Mayor and members of the Commission_, may I assist you with this item. During the budget process, last year the City Commission after they had received requ ests from the public in reference to the social type programs, gave directions prior to this process beginning next year that they wanted to establish an advisory committee, that all of these requests would go to an advisory committee, and such advisory committee would then advise the Commission as to the distribution of those funds that would be made available for this type of program. I am fulfilling that commitment because I was asked to make sure that this function this way, if you propose to do so, that is up to the Commission's decision. Rev. Gibson: Do we have to appoint them now. Nr. Andrews: -you can wait till next meeting. Rev. Gibson: I remember that because I was very dissatisfied. Mr. Andrews: You v+ere the one that proposed it. Rev. Gibson::?onsstly, we had literally no part in making it, so I'd like to do that at the next meeting. Mr. Plummer: Mr.:•?avor I think what we have to do today is to establish the ;lumbar of the Committee. Rose has proffered and I have no objection 15 members. That would give each one of the Commissioners three members on that committee. Only thing I thin% we ehou1d establish today, is the number, so we will know each commissioner is going to designate x number of names. As far as the guidelines, I have no qualms about .__... _ _ 93.. -_. APR 1 1 197 the one proffered by the City Manager, but I think that Should be wOrked in conjunction with the CoMMittee, with the initial guidelines set down by this commission, and then receptive *ars for any further recommendations as to guidelines. Rev. Gibson: Mr. Mayor, if there is no objection, 1 move the number be 15. Mayor Ferre: If you add that to item 11C and move item 11C . Rev.Gibson:--11c that the number be 15,---- Mx. Plummer: I'll second it, Mayor Ferre: We are going to vote on 11C as amended.. Mr. Lloyd: Have you got the amendments Mr. Clerk? Mr.Southern, City Clerk: Yes. Mayor Ferre: Call the roll. Thereupon the following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-296 A RESOLUTION ESTABLISHING THE CITY OF MIAMI ADVISORY COMMITTEE ON REVENUE SHARING; STATING THE OBJECTIVES OF THE COMMITTEE; ESTABLISHING BY-LAWS FOR THE COMMITTEE; STATING THE COMPOSITION AND DUTIES OF THE COMMITTEE; PROVIDING FOR REGULAR MEETINGS; ESTABLISHING A QUORUM; PROVIDING FOR THE NECESSARY NUMBER OF VOTES TO AUTHORIZE ACTION TO BE TAKEN; PROHIBITING PARTICIPATION BY A MEMBER IN A MATTER IN WHICH HE HAS A CONFLICT OF INTEREST; PROVIDING FOR A TERMINATION OF MEMBERSHIP FOR EXCESSIVE ABSENTEEISM; FURTHER PROVIDING PROCEDURES FOR INITIATION AND ACCEPTANCE OF RESIGNATIONS AND FOR THE FILLING OF VACANCIES; PROVIDING THAT RECOM- MENDATIONS OF THE COMMITTEE BE IN WRITING FORWARDED TO THE CITY COMMISSION THROUGH THE CITY MANAGER AND THE CITY ATTORNEY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the was passed and adopted by the following vote Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson Ferre. NOES: None. resolution - AYES: Mrs. and Mayor 69. PERSONAL APPEARANCE - MS. VIRGINIA ESSEX, CHAIRPERSON CO*IITTEE ON THE MTATUSL OF WOMEN Mayor Ferre: All right. Mrs. Essex. our apology. --- Ms. Virginia Essex: Thank you Mr. Mayor, and Commissioners, for permitting me to appear before you this afternoon for a very brief few minutes, I assure you. As you are well aware, 1) 94 APR 111974 in July of 1973, by resolution of this commission, you created a commission on the Status of Women. Your resolution called for the appointment of 15 women. The Commission has met and low and behold, there is one man, who has been appointed to the Commission, being a non-sexist organization, we are very happy to have one gentleman with us. We want to call to your attention that your resolution says 15'vomen. Mr. Plummer: Who is the man, 1 know what that Mayor does. Ms. Essex: George DuPontis. And Commissioner Plummer, I can't help by say to you that the E.R.A. is definitely not dead, it is reving up again. At our first meeting, unfortunately it wasn't too effective, it obviously needs some more education, we backed up your resolution of some time ago, calling for passage for the equal rights amendment by unanimous vote of the Commission on the Status of Women. We will continue is do so to educate and move forth. My purpose of being here today however is one that you hear very often. Obviously you did not plan for a Commission to be formed and to serve for you, without giving some thought to how financially we would do this. We are here to ask for a minimal amount of funding,specifically we would like the services. and this has been on memorandum, I think you all received this, of Marjorie White in the Mayor's office, has been serving on women's affairs for the Mayor'S office is very well versed in the things we ought to do. We have asked Bar approximately 5 hours per week of her time, and some minimum mailings in the use of office equipment temporarily. It is our understanding that we are not budgeted or funded for, it is not provide3 for in any way at this particular time. May we have some sort of funding or m mething to carry us along until such time as we can submit a very small budget to you to continue this office. Mr. Plummer: Virginiaf other committees, ----and if it is agreeable with you and the rest of the Commission, have seen fit to operate on $50.00 a month, will that be sufficient? Ms. Essex: It sounds sufficient to some staffing from the offices here can me, provided that be available to us. Mr. Plummer,: That is Marjorie White That is $50.00 a month. for 5 hours a week? Ms. Essex: If this is going to be approved, then no problem, and this will not be overtime for herr---we would not wish her to have to do overtime work. Mrs. Gordon: That is what she said, J.L. that she could not handle it if it was extra time, if it was part o f her 40 hours she would be glad to do it. Mr. Plummer: Mr. Mayor I'll make a motion at this time that we do in this committee as we have done in others, and provide them with $50.00 a month expense account for the puposes of stationery, stamps and other necessary implements to conduct the business of this committee together with five hours of regular duty of Marjorie White to help on this committee. • 95 1 APR111974 Mra. Gordon: J.L. their meetings will be at night, does that mean that Marjorie will get time off during the day. Mr. Plummer; Sure. Let me caution you Virginia, and please listen to me. Where are these meetings going to be held? Ms. Essex: Our next meeting is scheduled to be held here to coincide at a time the building will be open. There is a zoning or planning meeting or something. Mr. Plummer: This is becoming a little burdensome on Saturday Sunday and night meetings, it is costing the City a lot more money, it is not just a matter of opening the doors. Ms. Essex: We have already arranged forthis. Mr. Plummer: I offer that in the form of a motion. MOTION NO. 74-299 A MOTION PROVIDING FUNDS IN AN AMOUNT NOT TO EXCEED FIFTY DOLLARS PER MONTH FOR EX- PENSES OF THE CITY OF MIAMI'S COMMITTEE ON 'E STATUS OF WOMEN, AND FURTHER PROVIDING THAT MRS. MARJORIE WHITE, SECRETARY IN THE MAYOR'S OFFICE, BE PERMITTED TO DEVOTE UP TO FIVE FURS PER WEEK TO THE ACTIVITIES OF THIS COMMITTEE, SAID TIME TO BE DEDUCTED FROM HER REGULAR WORKING HOURS Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon Mr. Reboso. NOES: None. (Mayor Ferre absent) Prior to casting his vote, Rev. Gibson made the following statement: Let me ask a question,what does that do,----J.L. is Mrs. White part of the Mayor's staff, Mr. Plummer: That is correct, ---- Rev. Gibson ----I have no objection with the arrangement, Mr. Plummer: She has been serving in this capacity Since Mayor Kennedy= -- Rev. Gibson: Ferre is not Kennedy. Mrs. Gordon: We also didn't have a commission in operation where she is going to have specific time to put in, --either she does it at overtime then she be compensated for overtime, or if he can spare her from the 40 hours, it is the same thing. Rev. Gibson: Maybe she has been doing it and he hasn't objected. Mr. Plummer: Right. Anything else, Virginia? Ms. Essex: Thank you very much. We would appreciate any direction from the Commission and we will keep you advised of the plans that we would like to consider working on. 96 APR 111974 Mr. Plummer: Send us copies of ' your minutes. Ms. taeex: Thank you very ouch. Mr. Lloyd: We will need, inaa much as funds are involved, the City Attorney and City Manager will have to prepare the appropriate resolution of allocation. The Commission has indicated its intent, we can do that and bring it back for the next meeting, either the 18th or the 25th. Mr. Plummer: Bring it back on the 18th. City Manager's budget. Mr. Andrews: I'll compromise with you, take it out of the City Atty's budget. Mr. Plummer: That's a great idea, City Attorney's budget. 70. AUTHORIZE EXECUTION OF ►;ONTRACT - AMERICAN LEGION 1974 CONVENTION CORPORATION FFOR IIIAMI SIAIWA AUG 17TH Mayor Ferre: We have Mr. Hoffman here on item #27 which we passed this morning, but he has something he wants to add to it. Go ahead, Mr.Moffman. Mr. Hoffman: this all morning, it is item 27. Mayor Ferre: from the Legion, What happened was, we inquired about and were told to be here at 2:00 o'clock , We apologize, this is the Bugle Corps Mr. Hoffman: It is in connection with the National American Legion Convention which is going to be staged here in the Miami area in August, and in connection with that convention, we have a Drum and Bugle Corps contest in which we have many dozens of Drum and Bugle Corps and Color Guard and Bands participate in a content in the O.Bowl we hope. We do have the O. Bowl, but we are looking for a waiver of fees. You see, the purpose of these Drum and Bugle Corps, to get these youths interested in something, get them off the streets, get them into uniform and get them into these contests, and they spend tens of thousands of dollars coming here from Oregon, the State of Washington, Maine, New York to participate in this contest, and we give them prize money after they participate in the contest. For us to have to pay a 15% of the gross that we take in, makes it a very badly losing proposition. We don't make money as it is, we just about break even because of the prize money and the printing of the tickets. We are seeking a waiver of the 15% of the gross at the O.Bowl. We would of course pay for the lights and the clean up and the security and all the things required. We are seeking a waiver of the 15g. We bring many millions of dollars into this community and this is the 7th time the American Legion has met in this area. Mayor Ferre: Have we waived that 15% before? Mr. Hoffman: Yes, we have had it before. Mr. Plummer: No, not in the O. Bowl. This is only the 97 APR 111974 • j.) fourth Month you have been able to participate in the O.Bowl. Aren't you charging an admission to this? Mr. Hoffman: Yes, we charge $2.50 admission but we uae that money to pay the prize money. We pay out aimoat 06,000. in prize money to these participating tiffs Mr. Lloyd: This is a legal problem, Mr. Mayor and City Commissioners, if I may speak to this gentleman. This is a legal problem. Under the bond indenture, we cannot waive the fees for the 0. Bowl. I have to rule on it. Mr. Hoffman: Can we get the Miami Stadium without waiver of fees? Mr..Plummer: Sure that is possible. You pay expenses, we waive the fees. Mr. Hoffman: We can do that if the Miami Stadium is available on that day. Mr. Andrews: If that date is not available, we can change it one way or another. Mr. Hoffman: We can the availability, and if you would waive the fees check with Mr. Howard and get it is available on that date, for us. Mr. Plummer: I can tell you yes. Mr. Andrews: You can move it now, and make it flexible. Mr. Southern City Clerk: And this will be repealing that resolution on the 0. Bowl you passed earlier? Commission: Yes, --- Thereupon the following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-300 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE AMERICAN LEGION 1974 CONVENTION CORPORATION OF FLORIDA FOR THE UTILIZATION OF THE MIAMI STADIUM ON AUGUST 17,1974, FOR THE CORPORATION TO CON- DUCT THEIR DRUM AND BUGLE CORPS COMPETITION, WAIVING THE RENTAL FEE FOR SAID FACILITY, AND THAT THE CORPORATION PAY ALL EXPENSES, INCURRED BY THE CITY FOR STADIUM CLEAN-UP, EVENT PERSONNEL AND SECURITY (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. ✓ 98 • • 71, BRIEF DISCUSSION - LATIN RIVERFRONT PARK Mr. Andrews: The ,City Conrmissidn has provided certain funds for the acquisition of the park, and the City received the grant of $250,000. in order to match that grant, and additional $250,000. was appropriated at the first sale of bonds to begin the acquisition of the properties for park purposes. The cost of land has risen considerably. I am not in a position to advise the commission how much, because we are going to have to get final appraisals and the City Atty is going to have to be given some latitude, if it is more appropriate to have a declaration of taking, or if there are other legal means of acquiring the land. What I want to point out to the Commission is, that there is $950,000. in the bond issue, $250,000. from the federal government, which make a $1,200,000.---if more funds are needed beyond that, which we hope they are not, it might run beyond that, then I am going to have to present to the City Commission when we submit the revenue sharing budget to the Commission and allocation of funds as we have done in the past. I read all the minutes very carefully on this matter, I went back through the record, and I find that when this question was raised as to how much this would cost, the City Manager then said it could be 150% or 200% more than the funds that were allocated, and it is clearly identified in the record. Mayor Ferre: We don't need a motion on that. Mr.Andrews: I just wanted to let the commission know the'direction they would take. Mayor Ferre: What else have you got? Mr. Andrews: We have a federal revenue sharing emergency ordinance that we need to get before the commission as it relates,is it ready? ----it is very important that this ordinance be passed because what it does, Mr.Lloyd: We are almost finished typing it, this was an emergency matter. --- Mayor Ferre:--you have the one on Bayfront Park, so pass that around, and we can get, --you don't have that one either? Anybody else have anything? Mr. Andrews: Mr. Mayor, in your absence a resolution was passed which was on this supplemental agenda relating to grant that I want to submit in behalf of the City, to HUD for a quarter of a million dollars, and this grant has two objectives, -- one, to enable the -City to be used as a model, in reference to the modernization of its government, all the things that are happening as result of the Booz-Allen, the SRI and the other agencies who are studying, ---and the Commission is changing the direction of the total City government, that that would be recorded professionally, used as a model nationally, to be made available to other governmental agencies for modernizing their government. That is one purpose of the grant. The second purpose is to make available in a short term basis, the implementation of all of the adjustments that are being recommended by Booz-Allen and all the other consultants, and one of the things we need from you is to, I've signed .d 99 APR 111974 a letter, transmitting the grant, and in addition to that we would like you to sign a letter whioh 1 have before me, whioh speaks for yourself and the Commission as to your interest in this process. You must recognize that this is an application for a grant and that prior to an agreement, it would come before Commission for final evaluation authorizing me to enter into an agreement. Mr. Lloyd: There is one other resolution coming out, we are running off right now, about the City Commission supporting AMTRAK and having the City Clerk send the proposal of support of AMTRAK and the study to other cities and towns along the Florida East Coast, that is coming in. 72, APPROVE CONCEPT PROPOSAL FOR ACQUISITION OF PROPERTY FOR THE DIVISION OF BLVD, BI-CENTENNIAL PARK CIRCULAR TRANSFERYNE OF PROPERTIES ETC.. Mayor Ferre: Mr. Plummer, you want to pass this resolution now that it is written? Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION No. 74-301 A RESOLUTION APPROVIIG IN CONCEPT A PRO- POSAL FOR THE ACQUISITION OF PROPERTY FOR BICENTENNIAL PARK WHICH IS A PORTION OF THE EXPANSION OF BAYFRONT PARK BY THE PROPOSED DIVISION OF BISCAYNE BOULEVARD, THE CIRCULAR TRANSFER TO DADE COUNTY OF CERTAIN PROPERTIES FROM THE CITY OF MIAMI, THE TRANSFER OF OTHER PROPERTIES FROM DADE COUNTY TO THE FLORIDA EAST COAST RAILWAY COMPANY, THE TRANSFER OF OTHER PROPERTIES FROM THE FLORIDA EAST COAST RAILWAY COMPANY TO THE CITY OF MIAMI AND OTHER TRANSFERS OF PROPERTY AS MAY BE REQUIRED; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE FURTHER STEPS AS NECESSARY AND TO NEGOTIATE FOR THE PURPOSE OF PRESENTING A COMPLETE PLAN TO THE CITY COMMISSION AS SOON AS POSSIBLE (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: Rev. Gibson, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: Mrs. Gordon. 73, PERSONAL APPEARANCE - MR. YAZELL REPRESENTING AMERICAN CIVIL LIBERTIES UNION REGARDING PROPOSED LOITERING ORDINANCE Mayor Ferre: Who wants to be heard on this matter? All right, sir, will you come up, give us your name and address for the record, and I'll recognize for five minutes, and then you, for five minutes, if you need more time, I'll give it to you. Mr.Raymond Yazell: Thank you, Mr. Mayor,and Commissioners, APR 111974 inn My nave is Raymond Yaze11, I am acting Director of the American Civil Liberties Union of Florida, and I am here about 28A. No. 1, I would like to request this not be passed under an emergency facilities. I should like to have an opportunity to have lawyers here to speak to this. We have ro paid attorneys in this State, we must depend on volunteers who are willing to defend a constitutional principle, such as those involved in this issue today. We should like to put a bell on that cat enough to get a fair notice, so that a volunteer could appear. Mayor Ferre: If you will give your name to the Clerk, when this matter comes up, we will give you plenty notice. Mr. Yazell:My name is Yazell, 556 W. Flagler, Miami, 33130. Next, I would like to respectfully request that the illegal and unconstitutional application of this ordinance be stopped. If I might I would like to refer to the meeting of March 14, that was reported in the paper, as saying the Police Chief at your urging, has said that we have made hundreds of arrests of un- desirables. I wrote a letter on the 18th of March to ask Chief Garmire, if in fact he said that. I pointed out, that it is in my view a shocking statement which indicates a deliberate and willful intent to accomplish a selective en- forcement of the laws. That is unconstitutional under the 14th Amendment offering equal protection of the laws to all citizens of the land. And I asked him to respond to that. I would like to have you know that the response to that was very interesting, because he pointed out, may I suggest you review the proceedings of the Miami City Commission meetings of 21 Nov. 13 Dec. 24 January, 6 Feb. 28 Feb. 14 March and 28 March, I believe these will suggest a course of action this 'department was directed to take. So I did go back and I did get those, and I did find on the 24 of January, to review a great many of the remarks that were made, Mayor Ferre is quoted as saying, I want to make a clarification before I forget, it was made 10 minutes ago. Father, you use the word harrassment on several occasion, and then it was selective enforcement, and I am a little bit concerned, because Mr. Lloyd and I have talked, and I had used the word just as often, and every time I use it, Mr. Lloyd turns pale. He is pale right now, and he is saying don't use that word publicly, Mayor, because we are going to get in trouble, then it is going to be part of the record. I went by and looked at these. That is precisely what it said, and that selective enforcement of the law was there. Now there is no law against being a undesirable, so if you want to get rid of undesirables, to shape up or ship out, as it is said, or if you say they came down from Atlanta, and the Mayor says we will turn them around, or as they said in the 14 of March Meeting, that maybe we will get this in, and maybe the boys and girls will go back to Broward county. The criminal justice system on which this city receives federal andstate funds, was not designed to run undesirables out of town and the funds should not be appropriated for that purpose. If these people are undesirable, you will have to design some sort of loitering ordinance which will pass. On Tuesday, shows as the Mayor pointed out, they are getting some results because the police are pushing harder. I believe that is a fair quote. Yesterday I went to Tallahassee to sit in the Fla Supreme Court, to listen to the oral arguments about the constitutionality of the City and County ordinance or loitering. 101 APR 111974 There is nothing unconatitional, there is nothing illegal about the undesirables, but they want to run them out of here. Now I.find out in this morning's paper some of these people who have been pushed a little too hard, now they want to investigate the Police Dept. I should like to defend the Police Dept. and point out the City Commission is in this together, because this is what they ask for. They. asked for them to lean on it, precisely. I'd like to point out not only is it unconsitutional, in the ordinance itself, but its application is. i should like to respectfully request it be stopped. I'd like to point out also, in effect, if the law is to be obeyed, the shoot-out reported in the Miami News on the 31st of March in which a Cadillac and a Lincoln raced shooting at one another, on N.W. 12 Ave. from 29 to 19 Street before they were stopped, and no action whatsoever was taken. Miami and County Police pointed out this man was a bail bondsman therefore there was no no offense about that. I should like to point out, that we need some consideration for these people. I would like to lastly point out, what has happened,---- J. Sidney•Harris, who is a columnist here, has pointed out a little earlier, that when you obtain evidence and put the Police out, to use brutal and devious means, brutal and devious men will be attracted to the occupation. Surest way to recruit sadists, bigots and black guards on the police force, is to legitimize their hunger for hurting. and hitting. I'd like to point out, we've asked for civilian review board, and asked for an in-house inspection of people who together have been insisting and requesting and talking about what the record might reflect, on the selective enforcement of the laws, needs to be reconsidered. I'll be glad to respond to any questions. 74, AMEND ORDINANCE 8192 AS AMENDED MAKING APPROPRIATION OF FEDERAL APP REVENUE SHARING FUNDS VARIOUSTING CHARITABLECERTNORGANIIZATIONSNS FOR An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8192 ADOPTED SEPTEMBER 26,1974, AS AMENDED, MAKING APPROPRIATION OF FEDERAL REVENUE SHARING FUNDS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,1974, BY DELETING THEREFROM CERTAIN APPROPRIATIONS OF FUNDS FOR VARIOUS CHARITABLE ORGANI- ZATIONS, PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUB- SECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS, REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT. HERE- WITH, 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 anddispensing with the requirement of reading same on two separate days, which was agreed to by the following vote -AYES: Mr.'Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. Whereupon the Commission, on lotion of Mr. Plummer, seconded by Mr. Reboso, adopted said ordinance by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES; None. Said ordinance was designated Ordinance No. 8250. APR 111974 102 • 'S, MEND ORDINAKE 8190 AS AMENDED MAKING APPROPRIATIONS FOR FISCAL YEAR ENDING str 3U BY PROVIDING FOR CERTAIN DONATIONS TO VARIOUS CHARITABLE ORGANIZATIONS An ordinance Antit1Pti - AN ORDINANCE AMENDING ORDINANCE NO. 8190, AS AMENDED, AS ADOPTED BY THE CITY COMMISSION SEPTEMBER 26,1973 MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,1974, BY PROVID- ING FOR CERTAIN DONATIONS TO VARIOUS CHARITABLE ORGANIZATIONS FROM THE GENERAL FUND BALANCE, PRO- VIDING THAT IF ANY SECTION, CLAUSE, OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS, REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, DECLARING THIS ORDINANCE TO BE A'? 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, 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: Mrs. Gordon, Mr. Plummer Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: None. Whereupon theCommission, on motion of Mr. Plummer, seconded by Mr. Reboso adopted said ordinance by the following vote - Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8251. 76, SUPPORTING CREATION OF RAIL PASSENGER SERVICE BY AMTRAK ALONG THE FLORIDA_EAST COAST Mayor Ferre: There is a resolution before you now to urge the federal government through AMTRAK to render to the southern part of the State of Florida, and that we join other cities along the East coast of Florida requesting that this service be studied and rendered. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-302 A RESOLUTION SUPPORTING THE CREATION OF RAIL PASSENGER SERVICES BY AMTRAK ALONG THE FLORIDA EAST COAST; REQUESTING THAT AMTRAK CONDUCT A STUDY TO DETERMINE THE DESIRABILITY AND IDENTIFY THE NEED FOR RAIL PASSENGER SERVICES ALONG THE FLORIDA EAST COAST; REQUESTING THAT ALL COUNTIES, CITIES AND TOWNS ALONG THE FLORIDA EAST COAST COOPERATE AND SUPPORT THIS RESOLUTION BY ADOPT- ING SIMILAR RESOLUTIONS TO ENCOURAGE THE ESTAB- LISHMENT OF RAIL PASSENGER SERVICES AND SUB- MIT SAME TO AMTRAK, THE GOVERNOR OF THE STATE OF FLORIDA, FLORIDA'S UNITED STATES SENATORS AND REPRESENTATIVES FROM THE RESPECTIVE DISTRICTS AND TO THE FLORIDA EAST COAST RAILWAY COMPANY; AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO AMTRAK, WASHINGTON, D.C. THE GOVERNOR OF THE STATE OF FLORIDA, THE UNITED STATES SENATORS AND REPRESENTATIVES FROM THE CONGRESSIONAL DISTRICTS WITHIN DADE COUNTY, THE 103 APR 111974 COUNTIES AND CITIES, AND TOWNS ALONG FLORIDA'S EAST COAST AND TO THE FLORIDA EAST COAST RAILWAY COMPANY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded Rev. Gibson ,the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mra. Gordon, Rev. Gibson, Mr. Plummer and M#yor Ferre. NOES: None. 77. PERSONAL APPEARANCE-MICHAEL CALLAHAN regarding his arrest and incarceration on a charge of loitering/prowling by city police directing City Manager to review circumstances etc. Mr. Michael Callahan, 133 N.W. let Avenue: On Monday I was arrested for loitering and prowling. This was on 9th Street. Now if I was loitering, I was walking down the street. I never stopped, I was not talking to anybody. I was all by myself and a policeman pulls up and stops me. I just figured well, he is going to stop me and maybe ask me some identification. Identification I didn't have. Well, he asked me to stand up against the wall. He asked me what I was doing in this neigh- borhood and I said, "Well, I was going to get a drink," which was the truth and then he said well what else were you doing and I said I was looking for some women which was the truth. I was looking for some friends, I haven't been here in about two years and I was looking for some friends that I had around and I knew they lived in town or they lived near town whenever they were here. So the gentleman asked me to put my hands up against the wall, spread my legs. I had been just recently re- leased from the Veterans Hospital in New Orleans, operated on the leg. I told him I could not spread them too far. He kick- ed the leg out on the side. He said "See, you can spread them far." So they put me in a cop car, they take me over to jail, hold me for two hours, send me over to the County Jail, hold me over night and my bond was $50.00 or the Dade County Voter's Registration Card and $1.00. I had neither. I was held in jail over night, went to arraignment the next morning, stood up in court, the judge asked me "How do you plead?" I says, well, I don't understand this. If I plead not guilty does that mean I have to stay in jail? He says that is correct. So I said I will plead guilty. Well, that's not the problem. I go to school, I take accounting. I'm not bondable anymore, and I am very unhappy of my decision to plead guilty. I went over to the jail and I explained to the person at the desk I said I am here, 2 want to get a copy of my arrest report which they didn't give me. They didn't tell me any rights, they didn't tell me anything. They didn't even tell me what I'm charged with until the man that booked me told me. You're charged with this, and this, and this, loitering and prowling. I said well I am only walking down the street. He said well, that is what they booked you for. Ok, this was not at nighttime. As you know the numbers on a policeman's badge might amount to maybe a quarter of an inch. His number was 322. Now if it was dark, I would not be able to see that but I did, so I am stuck with thin. I am stuck with something pleading guilty, to something I don't believe in pleading guilty for but what else can I do? So rather than have them make stiffer fines, I would rather see them have these stiffer fines but with one 1.04 APR 111974 stipulation, that these people can turn around and sue the City and win for false arrest. 1 believe they should kick them off the force right then because these policemen, like last night, I saw them take them out of a bar, sitting on the stool minding their own business, four policemen, four of them, now is this a waste of money, or what? Take them off the chair, take them outside and take them over to the jail. Now ok, may- be this is the way they run the city, maybe this is the way you like this, I don't know. I am telling the God's honest truth. The man's number was 322, he had as much business pick- ing me up for loitering when I'm walking down the street, he wrote on the card when I was charged, he says I was giving him evasive answers. I wouldn't have given him evasive answers. I couldn't have. I didn't. If I said I'm going to grandma's house to visit grandma, no, I said I was going to a bar to get a drink. I couldn't be too evasive. It was not at night, 11 O'clock, 12 O'clock, it was 7:30 in the evening. I am very unhappy with this and I wish you could do something about this. Mr. Plummer: Mr. Vice -Mayor, there are normal procedures for this to follow. The City of Miami Police Department has an Internal Security Department which is the normal procedure for grievances of this kind. I think at this time that we should encourage this gentleman to make his thoughts known before the Internal Security Division of the Police Department and asking that copies of that investigation be forwarded to this Commis- sion for review and I think that is the proper procedure and the framework which is now existing in the City of Miami and I have complete faith that they will investigate this matter in the manner that it should be. Sir, I would just like to say to you that you have asked this Commission to take some action, we have set you in the direction properly that you should be, and I think at this time that your next procedure is to go before the Internal Security Division of the Miami Police Department, let them investigate the matter and conclusions of that investigation be forwarded to this Commission so we can review them to see if any further action might be nec- essary by this Commission. ---tell us the whole truth, as you have put it here, and we're only taking your side of the story. Ok. Sir, I am saying we're taking one side of the story. I am sure the Policeman would have a different side and until all sides can be gathered together by this appro- priate body, I don't think this Commission should do anything. Once you have gone there, You have made your complaint to this division, let them forward us... Mr. Manager, that is within our purview isn't it? Mr. Andrews: Yes, I think what you should do if you're going to adopt this in the form of a motion is ask me to have this matter reviewed and I will see that it is reviewed through the Chief and then those reports will come to me and I will forward them on to you. Mr. Plumper: That will be fine. If you want that in the form of a motion, I will so offer it at this time that it be reviewed. The following motion was introduced by Mr. Plummer, who moved its adoptions MOTION NO. 74-303 MOTION REQUESTING THE CITY MANAGER TO INVESTI- GATE THE COMPLAINT OF MICHAEL CALLAHAN MADE TO THE COMMISSION THIS DATE WITH REGARD TO ALLEGED 105 APR 111974 MISTREATMENT BY CITY OP MIAMI POLICE OFFICERS, AND TO REPORT BACK TO THE COMMISSION THE RE- SULTS OP HIS INVESTIGATION. Upon being seconded by Rev. Gibson the motion was passed and adopted by the folowing vote -AYES: Mr. Plummer, Rev. Gib- son, Mrs. Gordon and Vice -Mayor Reboso. NOES: None. Mayor Ferre absent. Mr. Plummer: Mr. Reboso, sir. I will recall to you, sir that the Mayor indicated to these people that any of the others that wanted to be heard that we would hear them. I would assume that this gentleman has some comments. May I caution all of you, sir, including yourself that you well take into consideration that this matter has been deferred before this Commission. This loitering ordinance as proposed today has been deferred. Now you are welcome to come up and speak if you want but in no way will this Commission take any action today. All right, sir. You are welcome to speak. Mr. Stanley Predd: I will just be a moment, as long as this has been deferred. I am an attorney. Perhaps it has been deferred, I am not sure of the reason but I do know that four cases --- Mr. Plummer: Let me tell you the reason. Senator Harry Cain of Metropolitan Dade County asked that it be deferred so that he could go and speak with the Metropolitan Dade County so that we don't push people out of the City into the County. That they might at the same time want to make like laws regardless of watered down or increased, or whatever it is so that we are not pushing one bad situation from one jurisdiction to another. Mr. Predd: I don't know if Mr. Lloyd or anybody else brought it to your attention that there were four cases argued in the Florida Supreme Court yesterday on the City of Miami's Loiter- ing Ordinance and on the Florida Statute. The whole thing as to whether the present law is constitutional is now being de- cided by the Florida Supreme Court so I think it is well to de- fer this. Mr. Plummer: That has been done. Is there anybody else who wants to be heard? Mr. Jerry Weeks, 500 N.E. 35 Street: I have emphysema, I talk funny. Mrs. Gordon: We can't hear anything you're saying. Mr. Weeks: This has come tip before. I just wrote it fast. It says the way to come involved in crime with the Miami Police Department is to become involved with the crime to help them out. I have made more recoveries than the officer of the month or of the year by myself. I have shown the auto theft how to do it. The Miami Nares don't know which end is up. These are my speeches, not an attorney's unless they are out to frame me, also traffic violations are good but they haven't tried that yet. The City of Miami owes me, Jerry Weeks $1000 cash. I became very sick, a piece of my life is gone. I told you I was terminally ill. Mr. Plummer: Mr. Weeks, what does this have to do with the loitering law,sir? Mr. Weeks: This has nothing to do with loitering. This was a crime. 106 APR 111974 • Mr. PluMMer: No, sir. You are on a bad tree today, sir. The Chief will appear back here on May 9th to diacuss the oriMe problem and that is the appropriate tine, air. You misunderstood. The Chief will be back here to give a status report on the 9th day of May. Mr. Weeks: Maybe the Chief wouldn't want to wait this long to hear this. Mr. Plummer: Well, maybe you would like to forward it to the Chief in writing so he can appraise it. Mr. Weeks: He has had it in writing, some of it, not all of it. Mx. Plummer: Mr. Weeks: Mr. Knight, about these field. Well, maybe he didn't want to appraise it, sir. Your part time $42,000 City Attorney has too and the City Attorney, everybody has different opinions different fields because I was in more than one Mr. Plummer: Mr. Weeks, if you are saying to me, sir that the Chief, Major Knight and the part-time City Attorney who is now full time for your information has not listened to your complaints, may I suggest sir your other alternative is to write a letter outlining the facts to the Commission. We can then look into it if we choose to. Mr. Weeks: Oh, they have listened, they have given it an in- ternal review if you would care to read it. Mr. Plummer: Why don't you send us a copy of it? You have not appeared here in the 315 years that I have set here, sir. Mr. Weeks: No, I didn't come in 31 years ago but after the last arrest I decided to come in. Mr. Plummer: just forward a copy to us and we can read it. Mr. Weeks: All right, I will write it and when will the Chief be here? Mr. Plummer: The Chief will be here on the ninth of May a status report. Vice -Mayor Reboso: Anybody else on Item 28? 78, HAPPY BIRTHDAY RESOLUTION TO MR, ALEX GORDON for The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-304 A RESOLUTION EXTENDING SINCERE BEST WISHES FOR A HAPPY BIRTHDAY TO MR. ALEXANDER GORDON, HUSBAND OF COMMISSIONER ROSE GORDON. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) 107 APR i 11974 Upon being seconded by Reverend Gibson the resolution was pawed and adopted by the following vote -AYES: Mr. Plummer, Reverend Gibson, Mr . Gordon and Vice -Mayor Reboso. NOBS: None. Mayor Ferre absent. 79. MOTION OF POLICY REGARDING FUTURE EFFORTS TO PROVIDE AN INCREASE Mr. Andrews: Mr. Vice -Mayor and members of the Commission, Mr. Tony Wilcox who is President of the City of Miami's Asso- ciation of Retired Employees asked that I read a resolution to you which I want to read but I want to then ask you to con- sider changing from the way he wanted it presented. A resolution declaring the policy of the City Commission that a requested increase in pension benefits for retired employees be included in the 1974-1975 budget and that proper officials of the City shall make provisions therefore, and that such in- creases be added to the City's contribution to the retirement fund. I would recommend to the Commission that you give this consideration but give it in the form that every effort will be made to do what will be the right thing in behalf of the city's retired employees within the City's ability to fund any plan that might be involved. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-305 A MOTION DECLARING THE POLICY OF THE COM- MISSION THAT EVERY EFFORT BE MADE WITHIN THE CITY'S ABILITY TO FUND ANY PLAN WHICH MIGHT BE EVOLVED TO PROVIDE FOR AN INCREASE IN PENSION BENEFITS FOR RETIRED EMPLOYEES IN THE 1974-75 BUDGET, WHICH INCREASE TO BE FUNDED FROM THE CITY'S CONTRIBUTION TO THE RETIREMENT FUND. Upon being seconded by Rev. Gibson the motion was pass- ed and adopted by the following vote -AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Vice -Mayor Reboso. NOES: None. Mayor Ferre absent. 80, APPOINT TONY WILCOX TO INVESTMENT COMMITTEE OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN The following motion was introduced by Rev. Gibson who moved its adoption: MOTION NO. 74-306 A MOTION APPOINTING TONY WILCOX TO THE INVEST- MENT COMMITTEE OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN.. Upon being seconded by Mrs. Gordon the motion was pass- ed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Vice -Mayor Reboso. NOES: None. Mayor Ferre absent. Mr. Lloyd: I want to correct one thing for the record. With 108 ,APR 111974 reflect to the ordinance amending ordinance no. 8192 and with respect to the ordinance amending no. 8190 previously passed that the Commissioners have copies of these ordinances rather than were getting, they have them, and copies are available to the public. ADJOURNMENT: There being no further business to come before The City Commission, the meeting was adjourned at 5:15 O'clock this date. ATTEST: H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE FERRE MAYOR 1109 1 1'174 4. 5. 6. 7. 8. 9. 10. 11. 12 . 13. 14. 15. 16. 17. •c::it'y OF MiThAMI DOCUMENT INDEX DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (2 pgs) GOVERNMENTAL USE AREA WAGNER CREEK N.W. 14th ST. N.W. 12 AVENUE AND THE EASTWEST EXPRESSWAY - ORDINANCE NO. 6871. FINANCE OF THE CODE OF THE CITY OF MIAMI AMEN- DING PARAGRAPH OF SECTION 16-25 - OPEN MARKET PURCHASES. FINANCE OF THE CODE OF THE CITY OF MIAMI AMEN- DING PARAGRAPH 16-20 - GENERAL CONTRACT PROCE- DURE FOR EXPENDITURES EXCEEDING FIFTEEN HUNDRED DOLLARS. ACCEPT THE HIGHWAY RIGHT OF DEED - TIGERTAIL BAY APARTMENTS, INC.- S.W. 27th AVE. AND PORTION OF TIGERTAIL AVENUE. GENERAL OBLIGATION HIGHWAY IMPROVEMENT BOND FUNT TO PAY THE FLORIDA EAST COAST RAILWAY COMPANY. AUTHORIZING CITY ATTORNEY TO BRING ACTION TO QUIET NORTH BAYSHORE DRIVE ADJACENT BISCAYNE BAY. CLOSING N.W. 4th ST. FROM 2nd AVENUE TO 3rd AVE PUBLIC UTILITY EASEMENT. DENYING CLAIMS - CITY ATTORNEY DEFEND ANY SUIT. WAIVING RENTAL FEE FOR BAYFRONT PARK ArUDITORIUM - CORAL GABLES JUNIOR WOMAN'S CLUB. APPOINT FOUR MEMBERS - ECOLOGY AND BEAUTIFI- CATION. APPOINT MEMBER - ALICE C. WAINWRIGHT AS MEMBER OF WAINWRIGHT PARK -LOWER BRICKELL AVENUE COMMITTEE. ISSUE DUPLICATE TAX SALE - LEO ROBINSON (DE- CEASED) AUTHORIZE CITY MANAGER TO NEGOTIATE/CHAMPION SPARK PLUG COMPANY REGARD REGATTA. AUTHORIZE CONTRACT/AMERICAN LEGION 1974 CONVEN- TION CORPORATION OF FLA. - ORANGE BOWL. AWARDING BID OF AMERICAN DAVITS CORPORATION - CONSTRUCTION OF THE MARINE STADIUM BOAT PIT - FENDER SYSTEM. AWARDING BID - JOE REINERTSON EQUIPMENT COMPANY - SOUTHERN DRAINAGE PROJECT E-31. MEETING DATE: APRIL 11, 1974 COMMISSION ACTION R-74-254 MOTION MOTION R-74-257 R-74-258 R-74-259 R-74-260 R-74-261 R-74-262 R-74-263 R-74-264 R-74-265 R-74-266 R-74-268 R-74-269 R-74-272 RETRIEVAL CODE NO. 0081 74-254 0082 0083 74-257 74-258 74-259 74-260 74-261 74-262 74-263 74-264 74-265 74-266 74-268 74-269 74-272 ITEM N 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. CUIVIEN "INDEX CONTINUED PAGE DOCUMENT IDENTIFICATION .AWARDING BID - HOLLAND PAVING CO, INC. - TRACY SANITARY SEWER IMPROVEMENT (CENTERLINE &SIDE- LINE SEWER) ACCEPT BID - AUTOMATED BUSINESS CONTROLS, INC. ACCEPT BID- DETROIT OVERALL MANUFACTORING, CO. - FURNISHING WORK SHIRTS. ACCEPT BID - WENGER CORPORATION - SHOWMOBILE. ACCEPT BID - FURNISHING SUPPLY FOR "LETHAL YELLOWING" ACCEPT BID - BARNETT'S OFFICE SUPPLIES - POLICE DEPARTMENT. NOTICE OF PUBLIC HEARING - HELLICOPTER LANDING ZONE - LEGION MEMORIAL PARK. AWARDING BID - PAN AMERICAN CHEMICAL COMPANY LITTER RECEPTACLES. APPOINT MEMBERS - INTERNATIONAL FOLK FESTIVAL COMMITTEE. APPOINT REPRESENTATIVE MEMBER - DANTE FASCELL AND MRS. DANTE FASCELL - ECOLOGY AND BEAUTIFICI -TION. MAKING APPOINTMENTS TO THE CITY OF MIAMI YOUTH ADVISORY BOARD. CHANGING CITY COMMISSION MEETING PLACE - FROM CITY HALL TO LEGION MEMORIAL PARK. AUTHORIZE SUBMIT PROPOSAL FOR RESEARCH - IMPROVING POLICY MANAGEMENT AND ADMINISTRATIVE CAPABILITIES. FEE AND COST IN THE CASE OF CITY OF MIAMI v. EDISON HOLDINGS LTD., ET AL, CIVIL ACTION NO. 73-2505. ALLOCATING FUNDS - PRELIMINARY EXPENSES IN ACQUIRING PROPERTY - EXPANSION OF KIRK MUNROE PARK. QUIT CLAIM DEED - SUNNYBROOK THIRD ADDITION. ALLOCATE FUND - REMOVAL OF BLIGHTED PALM TREES ON PUBLIC PROPERTY. REQUEST FOR SUPPLEMENTAL BUDGET ALLOCATION - EXPANDING POLICE DEPARTMENT'S OPERATIONS. ESTABLISHING THE CITY OF MIAMI DAVISORY COMMITTEE ON REVENUE SHARING, STATING OBJE- TIVES OF THE COMMITTEE. CONTRACT/THE AMERICAN LEGION 1974 CONVENTION CORPORATION OF FLA. - MIAMI STADIUM CLEAN-UP. ACTgN . COPE R-74-271 R-74-273 R-74-274 R-74-275 R-74-276 R-74-277 R-74-280 R-74-282 R-74-283 R-74-285 R-74-287 R-74-288 R-74-289 R-74-290 R-74-291 R-74-292 R-74-297 R-74-298 R-74-300 74-271 74-273 74-274 74-275 74-276 74-277 0083 74-280 74-282 74-283 74-285 74-287 74-288 74-289 74-290 74-291 74-292 74-297 74-298 74-300 ITEM NO. DOCUMENT IDENTIFICATION 38. .PROPOSAL FOR ACQUISITION OF PROPERTY FOR BICENTENNIAL PARK - PORTION OF THE EXPANSION OF BAYFRONT PARK. 39. SUPPORTING CREATION OF RAIL PASSENGER SERVICE BY AMTRAK ALONG THE FLORIDA EAST COAST. 40. "HAPPY BIRTHDAY" TO MR. ALEXANDER GORDON - HUSBAND OF COMMISSIONER ROSE GORDON. U1VIEN1 NDEX CONTINUED PAGE L CODE. COMMI %T N ACTTfN R-74-301 R-74-302 R-74-304 74-301 74-302 74-304