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CC 1974-04-25 Minutes
PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK _ RALPH G. ONGIE ASSISTANT CITY CLERK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 . 13. 14 . 15. 111111 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT WAIVE READING OF MINUTES REPORT BY LEGISLATIVE LIAISON REPRESENTATIVE STEPHEN R. WINN STATE LEGISLATURE SESSIONS APPLICATION FOR PERMISSION TO ESTABLISH OFFICES OF BETTER BUSINESS BUREAU -LOTS 77,78 BLOCK 56, FLAGLER MARY BRICKELL (5-44) CHANGE ZONING CLASSIFICATION -LOTS 72,73,74, 75 BEACOM MANOR (8-121) CHANGE ZONING CLASSIFICATION -TENTATIVE PLAT #898 DOUGLAS GARDENS AND CLOSE, VACATE AND ABANDON N.E. 1 AVE. BETWEEN N.E. 52 & 53 AND N.E. 52TER. ETC. RECEIVE SEALED BIDS - TRAIL VIEW HIGHWAY IMPROVEMENT H-4366 PERMIT USE OF STRUCTURE ON TRACE "A" - SIMBER SUB (64-31) LOTS 1 THRU 4, PERCIVAL PLAT REV (1-140) PERMISSION TO CONSTRUCT PERMANENT CANOPY OVER DRIVE IN TELLERS TEMPORARY USE -TRACT A CENTRAL SHOPPING CENTER (BANK) PERMISSION TO CONSTRUCT 101 UNIT H.U.D. PROJECT LOTS 1 & 2=10 FAIRWAY (7-28)--- & LOTS 1,2,6,7 PRAMAR SUB (8-110) REQUEST TO CHANGE ZONING CLASSIFICATION LOT 33 ADEMAR PARK (7-57) AND UNPLATTED AREA ESTABLISH 6 MONTHS EXTENSION OF TEMPORARY REGULATIONS MIAMI-DADE GOVT. CENTER INTERIM ZONING DISTRICT GRANT FLOOR AREA BONUS OF .01 FOR 140' WIDTH ETC. LOTS 1,2,3, - HIGHLEYMAN'S SUB (1-184) ORDINANCE OR RESOLUTION NO. DISCUSSION ITEM: APPEARANCE OF GLEN GOLDBERG. ATTORNEY TO ADVISE OF DADE COUNTY POLLUTION• DEPARTMENT REFUSING TO HONOR BUILDING PERMITS AFTER APPROVED BY THE CITY COMMISSION ACCEPT COMPLETED WORK VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 AMEND ORD. 6871-PARAGRAPH 6, SECTION 1, ARTICLE V, TO PERMIT AS CONDITIONAL USE - HOME OCCUPATIONS EMPLOYING NOT MORE THAN ONE PERSON. RES. 74-310 MOT. 74-311 FIRST READING FIRST READING RES. 74-312 RES. 74-313 DISCUSSION RES. 74-314 RES. 74-315 MOT. 74-316 ORD. 8252 RES. 74-317 DISCUSSION RES. 74-318 ORD. 8253 19-21 21 22 23 23-31 32 35.38 39 39 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. SUBJECT REPEALING SECTIONS WHEREIN MUNICIPAL COURT RULES ARE ESTABLISHED PROM THE CITY CODE. ACCEPT PLAT - VIZCAYA NORTH ACCEPT PAT - SILVERTEIN SUBDIVISION ACCEPT COMPLETED WORK -BUILDING -DOOR & WINDOW REPLACEMENT FOR CITY PARKS 1973 ACCEPT COMPLETED WORK - DEMOLITION & SALVAGE 1974 OF THE COCONUT GROVE INCINERATOR ACCEPT COMPLETED WORK.-N.E. 10 STREET STORM AND SANITARY OUTFALL RELOCATION ACCEPT COMPLETED WORK -BUILDINGS DEMOLITION - DOWNTOWN GOVERNMENT CENTER -TOTAL COST $30,500 AND AUTHORIZE FINAL PAYMENT $3,050 DISCONTINUE DEPARTMENT OF YACHT DOCKS AND CREATE NEW DEPARTMENT TO BE KNOWN AS: THE DEPARTMENT OF PUBLIC FACILITIES. ORDINANCE OR RESOLUTION NO. ORD. 8254 RES. 74-319 RES. 74-320 RES. 74-321 RES. 74-322 RES. 74-323 RES. 74-324 FIRST READING AMEND APPROPRIATION ORDINANCE 8190-TRANSFER FUNDS ($ 3 , 2 00) FROM DEPARTMENT OF YACHT DOCKS TO THE YACHT DOCKS DEPARTMENT OPERATING BUDGET FOR FISCAL 1973-74 FIRST READING APPROVE EXTENSION OF EMPLOYMENT - UOZIE RUSSELL, PAST AGE 70 APPOINTMENTS TO THE YOUTH ADVISORY BOARD: .ALEC STEPHENS AND'JOY BELLAMY DISCUSSION OF PROPOSED RESOLUTION-MIAMI- SUMMER TEEN EMPLOYMENT PROGRAM. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION, ETC. AMENDED VERSION -RESOLUTION ON MIAMI-SUMMER TEEN EMPLOYMENT PROGRAM AMEND RES. 74-238 ADDITIONAL DATES FOR USE OF BAYFRONT PARK AUDITORIUM BY DADE COUNTY SCHOOLS MUSIC DEPARTMENT. AUTHORIZE DIRECTOR OF FINANCE TO ACCEPT SETTLEMENT CITY OF MIAMI VS. MRS. FIDELINA S. DEL-TORRO AMEND SECTION 30-28 OF THE CITY CODE REDUCE FEE OF ASTROLOGIST WAIVE RENTAL FEE-MIAMI BASEBALL STADIUM MY THRU AUG. 1974 AMERICAN LEGION SUMMER BASE- BALL PROGRAM RES. 74-325 MOT. 74-326 DISCUSSION RES. 74-327 RES. 74-328 RES. 74-329 FIRST READING RES. 74-330 4 41 41-42 42 42-43 43-44 44 45 45 45-48 48-49 49 49-5 0 5 51-52 ITEM NO 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. SUBJECT • ISML MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA I NM APPOINT MRS. HAZEL BROWN AND MR. TONY WILCOX TO BOARD OF TRUSTEES-MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND PLAN PERSONAL APPEARANCE: TIBOR HOLLO-DISCUSSION OF CORE AREA PLANNING WITHIN THE CITY FREE USE OF .MIAMI BASEBALL STADIUM-FEDERACIOZ ATLETICA BASEBALL INVERNAL MIAMI-20 GAMES BETWEEN SEP AND DEC. 74. RESOLUTION URGING RELEASE OF $75,000,000 MODEL CITIES FUNDS IMPOUNDED BY THE PRESIDENT OF THE UNITED STATES. ACCEPT BID - SERVICE MONITOR -FOR COMMUNICA- TIONS DEPARTMENT ACCEPT BID -HANGING TILES INCINERATOR DIV. OF SANITATION DEPT. ACCEPT BID-3 LO-BOY TRACTORS FOR PARKS AND RECREATION DEPARTMENT. PERSONAL APPEARANCE-STEVE NOSTRAND, 3RD CENTURY U.S.A. BI-CENTENNIAL COMMITTEE - REQUEST COMMISSION TO APPOINT COMMITTEE DISCUSSION OF WATER AND SEWERS AGREEMENT AND DETERMINATION TO HOLD A SPECIAL CITY COMMIS- SION MEETING TO DISCUSS ON: MAY, 30, 1974 PREPARED RESOLUTION -FREE USE OF MIAMI BASE- BALL STADIUM BY FEDERACION ATLETICA BASE- BALL INVERNAL MIAMI REQUEST TO USE STRUCTURE TRACT "A"-SIMBER SUB AND LOTS 1-4 PERCIVAL PLAT -OFFICES, CLINIC, DAY-CARE CENTER BY H.U.D. PERSONAL APPEARANCE -GROUP OF MIAMI POLICE SERGEANTS TO DISCUSS PROMOTION OF SERGEANTS REPRESENTED BY IRVING WHITMAN, ATTORNEY PERSONAL APPEARANCE-OTIS DAVIS, PRESIDENT, MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION REGARDING BLACK POLICE APPLICANTS POLICY OF COMMISSION -EXPIRED POLICE SERGEANTS PROMOTIONAL EXAMINATION BE REACTIVATED AND PROMOTIONS MADE FROM THAT REGISTER, IF POSS- IBLE. ACCEPT IN PRINCIPLE PARKS FOR PEOPLE TASK FORCE RECOMMENDATIONS AUTHORIZING CITY MAN- AGER TO PROCEED WITH PARKS FOR PEOPLE PRO- GRAM UTILIZING ALLOCATED FUNDS ORD I NANCE OR RESOLUTION NO RES. 74-431 DISCUSSION - DISCUSSION RES. 74-332 RES. 74-333 RES. 74-334 RES. 74-335 E RU 52-54 55-41 71-73 73-74 74 75 75 DISCUSSION 76-77 DISCUSSION 78-85 RES. 74-336 85 DISCUSSION & DEFERAL • DISCUSSION MOT. 74-337 RES. 74-338 RES. 74-339 85-90 • 91-97 97-105 105-106- 1,07.40- 49. 50. 51. 52. 53. 54. 54.A. 55. - 56. 57. 58. i s • 1 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ACCEPT BID -THREE MODULAR PRE-FAB STRUCTURES FOR DAY CARE AT EATON, MOORE AND SHENANDOAH PARKS AUTHORIZE PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL A-1002.1 FOR EXPANSIO OF CITY OF MIAMI ELIZABETH VIRRICK PARK RESOLUTION DETERMINING NECESSITY -ADDITIONAL PARK FACILITIES AFRICAN SQUARE PORTION OF MARTIN LUTHER KING BOULEVARD PARK ACCEPT IN PRINCIPLE -HUMAN RESOURCES PROPOSAL SUBMITTED BY BOOZ, ALLEN AND HAMILTON ISSUE AMUSEMENT RIDES PERMIT-MIAMI NORTH- WESTERN SENIOR HIGH SCHL. SHELLS CITY PARK- ING LOT EARLY MAY, 1974 PENSION FUND DISCUSSION -APPOINTING COMMIS- SIONER PLUMMER AND COMMISSIONER REBOSO TO INVESTIGATE APPOINT COMMISSIONER GORDON TO WORKSHOP ON AGING ALLOCATE $200.00 FOR MISCELLANEOUS EXPENSE IN CONNECTION WITH ACQUISITION OF FEE SIMPLE TITLE PARCEL A-1002.2 EXPANSION OF VIRRICK .PARK DIRECTING CITY MANAGER TO CONTACT COUNTY MANAGER TO SOLVE PROBLEMS CONCERNING BUILD- ING PERMITS IN THE CITY OF MIAMI AS A RESULT OF PROBLEMS WITH DADE COUNTY POLLUTION CON- TROL OFFICE. • PERSONAL APPEARANCE-RALPH PARKS REGARDING CLARIFICATION OF PENSION FUND AS REPORTED BY THE MEDIA PERSONAL APPEARANCE -HARRY RICHARDS REGARDING PLUMBING INSPECTORS RES. 74-340 RES. 74-341 RES. 74-342 RES. 74-343 RES. 74-344 MOT. 74-345 PAGE NO : 109 109-110 f= 110 111 111 111-116 116 RES. 74-346 117 RES. 74-347 DISCUSSION DISCUSSION 117 118 119-125' MINUTES OF REGULAR MEETING TIC CITY COMMISSION OF MIAMI , FLORIDA On the 25th day of April, 1974, the City Commission O ttetity of Miami, Florida met at its regular meeting place in said City , City Hall, 3500 Pan American Drive, in regtt3ia session. The meeting was called to order at 9:00 o'clock A.M. by Mayor Maurice A. Ferre. The following members of the Commission were found to be present: Also present: Commissioner J.L. Plummer Commissioner (Rev.) Theodore Gibson' Commissioner Rose Gordon Commissioner Manolo Reboso Mayor Maurice A. Ferre P.W. Andrews, City Manager Andrew P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H.D. Southern,City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. . 1. MOTION TO WAIVE READING OF MINUTES OF PREVIOUS MEETING On motion of Mr. Plummer, seconded by I•ir. Reboso, it was unanimously agreed to waive the reading of the minutes of the previous meeting. 2, REPORT BY LEGISLATIVE LIAISON REPRESENTATIVE STEPHEN R. WINN STATE LEGISLATURE SESSIONS Mayor Ferre: Ladies and gentlemen, before we go into he formal agenda, I am going to ask for you indulgence, and we have with us today rsr. Stephen Winn who is our legislative representative in Tallahassee. He has to catch a plane at 11:00 A.M. and he was on the 2:00 o'clock agenda, but he requested I place.him early in the morning so he can catch the 11 o'clock flight, so I apoligize to those hereon 9 o'clock items. I don't think it will take too long. Steve how long are you going to be? Mr. Stephen R. Winn; Mr. Mayor and Commissioners, I would like to bring to your attention, that before you is a manila envelop with report No. 2, which has been prepared as of April 22nd. I'd like if I may, give you a little background as to what is going on in the Sesaion,and our Florida Legislative Session opened on April 2nd and went into high gear. Gov. Askew spoke to a joint session, and mentioned many important items, highlighting a few. The rising prices and tie dwindling resources, tax relief through village reduction, homostead exemption, the energy conservation problem, Florida's enormous housing needs, people rights, the tremendous growth policy within Y APR ?5,197.. the State of Florida affecting all of us, collective barge and full public financial disclosure. These are some of the items mentioned in the Governor address to both the Houma and the Senate in joint session the first day. Since that time I have had the pleasure of working with the City Manager and City Attorney on many important and pertinent bills. Most of the observers have been surpr'ieed at the early passage of some major legislation, so early in the session. Usually much of this legislation wait till the latter part and passed at a later date, but being this is as section year, and a lot of things to do, the Session is in high gear, and moving very rapidly. One thing might side-track the Souse because the Mouse right now has a Mouse Committee which is beginning impeachment proceedings this week and many of the top leadership within the House will be serving on the Committee. For the Commissioners' information, in Tallahassee, the Florida League of Cities along with the individual repre- sentatives of the Cities, St. Petereberg, Palm Beach, Ft. Lauderdale, Jacksonville, --a Broward County representative and a Dade County representative, along with myself repre- senting the City of Miami, meet on a daily basis. We meet every day at 1:15 when the House of Representatives normally goes into session. This gives the Cities along with Racy Sittig, representing the Florida League of Cities, and his staff an opportunity to go over legislation, before the House, before the Senate and before all the Committees of both Mouse and Senate.This proved very helpful recently when the City of Mimi had a tremendous interest in House Bill 1716, which dealt with the railroad, canal right-of-way, and through the help of the City Manager and the City Attorney and the Commissioners, with their fine telegrams at the proper time House Bill 1716 by Representative Harris and Senator Winn was passed out of the Senat* Committee. We had problems in this area but through the help of the County people and the City people, it was dealt with, and it only had one unfavorable vote ,and this is the railroad canal right-of-way which repeals it and also makes it more suitable with the present problem you have with the Bayfront Park property and this was pushed by Representative Harris who did a splendid job in the House and also in the Senate. Mrs. Gordon: It passed in the Senate the same way it passed in the Bonsai -- Mr. Winn: It passed the Senate Committee and will be going to floor of the Senate very shortly. Mrs. Gordon: Without any changes from the House Bill? Mr. Winn: It passed the Senate as it did the House, as amended with one short line. Mayor Ferr e: When is it going on the floor of the Souse? Mr. Winn: We hope as soon as possible, on the Senate, it passed the floor of the Souse. Mayor Ferre: Excuse the floor of the Senate, ---- Mt. Row. Gibson: Let me ask a question, you were telling me about all these meetings that you have at 1 o'clock with 2 APR 251974 the different groups, is that in the munshine7 Mr. Minns Yes, it is, we don't rake any decisions, but they verb Very instrumental, the League of Cities and all the Other individual cities along with the County Manager's off`i and his representatives in helping with this piece of legiedo lation, because it does affect everyone, a very impotent piece of legislation. I'd like to address you to my report No. 2 if I may. which consists of three section, Section 1 is a list of all bills mentioned in my first report by the bill number, the introducer and the status of as of April 22, 1974. Section 2 mentions other legislation which is of importance to the City of Miami and Section 3 which I'd like to address right now, lists of bills discussed during my recent telephone conversation -meeting over the phone with Mr. Lloyd and his staff. That is Section 3, I'd like to go over that briefly if I may. I'd like to also add that Mr. Lloyd's office and I speak on a daily basis and hopefully at least one time a week have a so-called conversation meeting where Mr.Lloyd has 5 or 6 people in his office, his staff, and we go over some items as we have done in Section 3. I amp going to, rather than read each individual item, to just go by the bill number and mention the discussion we had on that item, of Horse Bill 1617 and 1711 after our discussion we spoke favorably about this bill which as you noticed has passed the Horse, passed the House on the 5th of April. Representative Lewis has a bill in which is House Bill 2374, which is also spoken about favorably. Now, the resort tax, House Bill 3313 is actually the better of the two bills for the City of Miami. Representative Sessions who is the Speaker of the House, has offered this and it is my opinion that of the two Bills this would help the City of Miami more along with the opinion of the City Manager and Mr. Lloyd and this is the one we spoke favorably about. Roads and bridges, we have Souse Bill 2485 which we all spoke favorably about, Souse Bill 2377 also favorably, House Bill 2704 by Representative Nixon which we spoke unfavorably about and in your first report all these Bills are spelled out and the actual reasoning for that is inthe first report. House Bill 2730 we spoke about favorably, and that was at that time in the Souse Community Affairs Committee. Committee substitute Senate Bill 126 which deals with collective bargaining, originally Senator collective bargaining bill had binding arbitration, it was sent out as a committee substitute, took that binding arbitration away, you are all aware this is a very sensitive subject in Tallahassee, it has been going on for the last 6 to 7 years, the collective bargaining and the 2nd bill that was introduced as the bill, 2028, as amended, and sent out in the engrossed form from .the House to the Senate, the City of Miami felt that would be the better of the two bills for us to live with. Right now, collective bargaining House Bill 2028 passed Monday night from the the Senate -House, and the Senate Joint Committees. This will now go to the Ways and Mean Committee and will be further discussed and during that Committee there sight be some alterations to the Bill, so we are watching this very carefully, and will be in close touch with the Legal Dept of the City of Miami. Next item is Workmen's Compensation. All IbrlMen's Comp- ensation bills have been sent to Joe Lankin for his review and we are awaiting anxiously his comments. Next Bill, House Bill 2321 by Rep. Fontana, the companion bill is Senate Bill 84 by Firestone and Zinkle. We spoke about this with regard to collective bargaining and the Policemen's bill of rights, and it did not receive favorable conversation a APR25174 during bur last resting, ----telephone meeting. presently bath the douse Hill and the Senate Sill air"Of nday Were on the calendar ready for second reading. We a watching this bill very slowly and will keep in close 0OntSet with the City Manager and the City Attorney's office. Double taxation which was cur final one, we spoke aboUta..`` Mayor Ferrel Where does the double taxation bill stand now? Is it still before the House Finance Committee? Mr. Minn: I believe it is, Mr. Mayor. Mayor Ferre: Steve, I'd be grateful if you would let me know when that is coating up, because I want to go up there and talk on that. Mr. Plummer: I believe that is the Bill of the Dade League on the double taxation, and Allen Clements will be happy to work with you Steve on that, because he was the drafter of that Bill. Mayor Ferre: As far as the City of Miami is concerned. that is one of the most important things that we've got going and it is a subject that hasn't been talked about nearly enough and that is something I hope we can talk to at the legislative level. So I'd be grateful if it is corning up for vote or dis- cussion at the Souse level, you let me know, I'd like to go up. Mrs. Gordon: Mr. Mayor. we ought to take a position by a resolution, don't you think? Mr. Plummer: Rose, I don't think it is necessary because it in, ---- Mrs. Gordon: It may not be necessary but it would not hurt, ---I would like to move it.. Thereupon the following Resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION MO. 74-310 A RESOLUTION URGING THE HOUSE TO VOTE FAVORABLY ON BB 2257 WHEREIN PROPERTY LOCATED IN MUNICIPALITIES SHALL NOT BE TAXED BY THE COUNTY TO SUPPORT SERVICES RENDERED OUTSIDE THE MUNICIPALITY: FURTHER DIRECTING THE CITY CLERK TO SEND A TELEGRAM TO THE CHAIRMAN OF THE FINANCE AND TAXATION COMMITTEE AND TO SEND A COPY OF THIS RESO- LUTION TO ALL OF THE MEMBERS OF THEIR COMMITTEE (Bore 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. Reb000, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. Mayor Ferre: 1 would,liketo request that the Clerk's office mail a copy of this resolution, and send a telegram to all the Committee members and also copies of our resolution by mail to the Dade Delegation, the Speaker of the Souse,---.. 4 APR 251974 Mt. Lloyd City Attys Your MOnor, the City Attorney'' office will make this in the form of a resolution for the Clerk so he man send the appropriate telegram. Mayor Ferret Okay, ---Steve? Mr. Winn: --further along a very important item, and similar to what you have just mention Mr. Mayor, I would like to suggest to the Commission that a representative of the Commission and possibly the City Manager and whoever he feels should be there, come to Tallahassee and meet with the drafters of the House Bill 3504, which is representatives Ogden aid Danahee, this deals with State revenue sharing. Pre- sently it is in the House Community affairs Committee. This mends sections in part 2 of the Chapter 218 providing State aid to local governments, and I would very much like to en- courage this type of meeting where the expertise can boss to Tallahassee. the experts in the revenue sharing, and explain our situation once again which we have done to our own dele- hation in the past on March 14 through a letter of the City Manager. Mayor Terre: I think it is very important that we talk to both of these things, Paul and I think we ought to try to get up there, and as many members of the Commission who want to go, --- Mr. Plummer: You are talking about the State revenue? Mayor Ferre: The other one is County revenue sharing. Mr.Plummer: That is what I wanted to get into, and we will later on in the day on one particular item. But let me tell you what upsets me Steve, and you can keep this in mind, and I think the rest of the Commission should be aware, al it relates to Policemen's pay. The State came down and it now has made a predicate for getting of State revenue that you must put, is it $240,000. as it relates to the City for policemen's pay, is it Paul? It is well and good that the State addresses itself to police activities,and t hat the Cities then should pay them, but they are going to o aks sure we if we have to kick -in to the coffers $240,000.--- when you tell me I've got to do it, then tell me where I am going to get the $240,000.--like from State revenue, because this is the one thing. I have no objection to policemen getting incentive pay. I think they should, but I think when the State makes it mandatory upon the City, mandatory in the effect that we get no other State revenue unless we comply with this first, adequately put enough in that State revenue that I can pay it, especially when they put me under a 10 mill cap. So I want you by look at this real good, you know I Wall for the employees of this City, but I as also for the taxpayer who is put under a 10 mill cap, so this is something you had better watch. i think if you will follow this through, I believe it was Bob Brake of Coral Gables who proffered this bill in front of the Dade League and it is on the agenda right now because of the Dade League's action. Mr. Winn: Let me say this Commissioner Plummy..*. Mr. Lloyd's office with the help of Mr. Andrews have drafted a Bill amendment so to speak, to the revenue sharing which would subsidise the amount lost by the City, when they have 5 APR 2 541974 tb reduce back the 10 Mill Cap, and this is one of the read 1 would like for Mr. Andrews and Mr.Lloyd and the proper individuals to come up there and speak with thee and address them to this particular point. Mr. Plummer: 1 would have to see that amendment before I could say I ma for it or against it, but I hope Steve. YOU know whether you are aware of it or not, this City is a member of the Dade League which has a lobbyist and a member of the Florida League. Don't you hesitate at any time, that you need the help of Ray Sittig or you need the help of Alan Clements or Rush , or all of them, in behalf of this City. That is what they are there for, and this City had input into the Dade package of bills, through me, and we have appeared before the Dade Delegation, don't you hesitate a minute to ask fortheir help. ltr. Winn: Ray Sittig has been extremely helpful. Mr. Plummer: He is that type of man. Mr. Winn: Yes he in, Mr. Plummer: But don't let him sit back awl second guess what he thinks you need, you go tell him. lfr. Winn: The one understanding that we did have at the first meeting of the Florida League and all the other cities, that although we would work collectively on certain items, there sight come a time when an item might be challenged by one of the cities, and that it was fully understood by the other cities, this might happen, and when it does happen, there are not hard feelings. Mayor Ferre: Hasn't happened yet, - Mr. Winn: We have been very fortunate as I mentioned before, your important bill 1716 was worked on collectively by all the cities. Let me say in closing if 1 may, Mr. Mayor and Commissioners, that I wanted to personally in front of the Commission thank you for your help and that of Mr. Lloyd Mrs. Carter and Mr. Andrews because it is through our daily conversation that we are able to stay alb»ait of what is happening in Tallahassee. You are well aware that it doesn't take but a few hours to have a bill put on a special calendar and be put into the flow without any problem. So it is an hourly thing, a daily thing and fortunately with our daily oonversation we are able to stay in close touch and keep the City fathers and city people abreast of what is going on in Tallahassee. Mrs. Gordon: I would like if I tight, commend you, Steve becasue I can't recall any other representative Wive had come down and give us such a comprehensive report, -- Mr. Winn: Very kind of you, ---- Mrs. Gordon: ---and we feel like we are getting what we ars paying for. Mr. Wine: Thank you very much. Mr. Plummer: mt. Mayor, if I say inquire I was going to do this by sail, Steve, I brought this to the attention of the 6 APR 2 51974 City Manager and I think the Mayor, when 1 attended the Pieria* League meeting in Tallahassee last month, is any oenversation in the legislature cows out abut the taxatid of city owned facilities. Listen to this Mr. Mayor, becaUe0 it seared everybody sitting at this meeting. I think it is the City of Bradenton has been assessed by the County assessor for baseball stadium, has been put on the tax roll, what is it, Sarasota County, whatever the county is, and tilt` came before the Florida League asking support to fight this. They got moral support but no money. Just relate that to the City of Miami, if,and I am not trying to suggest they do it.ws--" Mayor Ferre; Don't put ideas in anybody's head. --- Mr. Plummer:Maybe you are right, don't put ideas in anybody's head, but just imagine if they came forth, the County Assessor assessed the 0. Bowl, just the three stadiu*s. and the two golf courses, and this is what is happening to the City of Bradenton. I'll be glad to go along with then just as,soon as they tax every facility they have first. Mayor Ferro: When they do that, we will tax the Courthouse and all the government buildings. We are running a little late, Steve I would like to have copies of Bills 3504 and 2257, I would like to read them. Mr. Winn: 3504 was not printed when 1 left Tallahassee but should be by Thursday or Friday. Mayor Ferro: When it is,I would like to have them, if you will air mail them Mr. Lloyd: Mr. Mayor we have 2257. Mayor Ferre: Would you make a copy available to one, and 3504. ,I might say to my fellow commissioners and to everyone here, that I specially requested that our Legislative representative Mr. Steve Winn present to us weekly written reports so that we could keep up with everything that was Dung on, I have also talked to him on several occasions by phone. I know he keeps in daily communication with both the Manager and our Attorney's office. 1 think as you can see, and this is why I insisted he come here today, that he is working, and doing a fine job. I am more convinced than ever that in the complicated business of legislation, that the City of Miami does need to have a representative there every single day of the Session to be present, be watching out for our interest and our affairs because it is very easy to say that we are going to do it from the administrative level, because it just doesn't happen that way, because we are too busy with too many other things and we need to have a person there every single minute and I can't think of anybody who could do a better job than you Steve, and we are very fortunate to have your services . Mrs. Gordon: That is why I, am commending him because of what you just said,is because I'recall last year. we had a problem. We didn't know something had happened till long after it happened and we were very infuriated by the fact that, I am not going to mention any names, our representative did not even let us know it was going to happen, and here Coe have everything up to the minute, and I am delighted. Mr. Winn: It is the best I can do for you. Thank you for your time Commissioners and Mayor. Thank you very much. 7 APR 251974 • 31 APPLICATION FOR PERMISSION TO ESTABLISH OFFICES OF BETTER BUSINESS Mayor Ferree Let's take up item *3, 2110 Brickell AMMO*. A resolution granting permission to establish the offices of lie Better Business Bureau of S. Florida at 2110 Brickell AVe. with side setabacks of 9.28 ft. and 10.63 ft. (40' required) and with front setback of 39.6' (40' required) presently sorted t-)A. Mould you point out Where that property is so 1 can see where I can vote on this or not? Mr. Robert Traurigi Mr. Mayor and Mrs. Gordon and gentleman. my name is Robert Traurig, I am an attorney with offices at 1401 Brickell Avenue and I an proud to represent the Better Business Bureau of S. Florida in this hearing. Before proceeding however I'd like to introduce people from the Better Business Bureau who are with us today, namely Mr. Ralph Slathers, Predident and general Manager, Mr. Sward who is the representative to the Better Business Bureau of the Miami Gerald and who serves as Chairman of the Board of Governors and Mr. William T. Kruglak who is general counsel for the Better Business Bureau. The property Which is the subject of this hearing, which we pointed out on the aerial photograph is the lot which has 2110 Brickell Avenue as its mailing address. Actually it is lots 77 and S 25 ft of lot 78, in BLk 56 of Flagler Brickell and it is approximately a 75 x 180 ft. lot. This property today is zoned R-3A and it would permit the construction of low rise apartment buildings on the lot, on the site. We on the other hand would like to move the executive offices of the Better Business Bureau to this property and leave the existing structure undisturbed and the existing landscaping undisturbed and just fit into this house as if we had always been there. And we are suggesting to you that is far better than destroying the house, destroying the landscaping and building a new apartment house. there. We know that this office use would not normally be permitted in the R-3A district, but we don't come to you with a 'business use', --we are classified as a eleemosynary institution, we are an institution of public service and under Article 4, Sec. 36 of you zoning code, there is a provision that this Commission may located institutions of that nature and character in any district, including residential districts. There is no dispute legally over the character of our work. We have opinions to that effect and have lettersfroa State Atty, from the Atty Generals' office, Consumer Services of the State and Metro Consumer protection office, all of which very clearly demonstrates that we fall within the classification which is permitted to be located in any zoning district. Our request therefore is for a special use permit, not to change the character of this house and not change the character of this neighborhood but permit our office use in this district, in the issue before you is whether that kind of use in this kind of neighborhood is reasonable, and that is the only real issue that is before you. 11e recognise that the posture in which we find ourselves is probably not so good, because your planning department recommended denial of the application and it comes to you with the recommendation from your planning Board for denial, but I think perhaps the issues haven't really been clarified and perhaps tLey have not been dealt with as they should. In the Planning Dept's reoommendation they said that notwithstanding the fact that we can locate in any district, there are two criteria that should be applied. One is public necessity, and the other is 8 APR 2 5 1974 compatibility. l submit to you there is a public necessity for our kind of work, it is demonstrated by the thousands of telephone galls, and thousands of inquiried that we get by telephone, not by a lot of traffic which affects the Brickell Ave. traffic situation, but the services we perfO 1 for the public is well documented, and so consequently 1 think the public necessity is established. As far as compatibility, we think the house is there and therefore it is not even a question of whether the structure is compatible with the structure, and 1 don't think the question of compatibility of use should militate against us because as we will show you by photographs, which we will put on the screen, there are comparable uses .up and down Brickell Ave right now. I think it is important to examine these photographs examine the neighborhood ,and furthermore examine what our neighbors think about our project. 1 would like to submit to your staff, and through your staff to you, the waivers of objection from over 150 neighbors on Brickell Avenue in the apartment buildings and the single family residences up and down Brickell Avenue in response to the letter which the Better Business Bureau sent. I think it would be important to know the contents of that letter so you can see whether or not the replies are really fair. The letter reads as follows:'Dear friend, The Better Business Bureau wants to be your neighbor. To do so we need your moral support. On Thursday April 25 the Miami City Commission will hear our petition for a special use permit on the property at 2110 Brickell Avenue. That property is the fine old two story residence adjacent to Architect Robert Little's property. The special use permit is need because the property is zoned R-3A which permits low rise apartments. The Better Business Bureau plans to restore and remodel the home which is adequate for Bureau offices. We will retain all but one of the trees, and will retain the residential character of the property. We believe the Bureau's use of this property for its offices is a better use and more beneficial to the residents of the area than the use of the property for apartments. We have more than enough parking spaces in the rear of the building for our staff and visitors. Almost all of the work of the Bureau is accomplished by telephone and mail. The present rate of visitors to the Bureau office in Miami averages less than 5 persons per day. Our office is open from 8:30 to 5 on week days and is closed on week -ends. We will create less traffic and less density than apartments. To sum up the Bureau will preserve a fine old residential landmark. We will preserve the ecology of the property. We will keep down traffic problems and density in the area. Isn't this a great improvementover having that property covered almost 100% with apartment buildings and parking spaces. If you agree with us that the Better. Business Bureau will be a better neighbor for you, please sign the enclosed form and return to us as quickly as possible in the enclosed envelop. And I submit to you, Mayor Ferro: Sow much time are you going to take, just so 1 can, how many opponents do we have here that want to speak? One, two three opponents. Sow much longer w:E you going to take? Mt.Traurig: At maximum five minutes, and I there fore 9 APR 2 5 1974 submit to you, in response, on the form we sent, which says "I believe the use of this property by the Better Business Bureau is preferable to additional apartments. I respectfully recommend approval by the City Commission.'' $o I think that establishes what our neighbors think and we do have very soand support. I would like somebody at the other end to e)»w the photographs so that you can see why we consider this to be a compatible use. First we start with our building and that is what it is going to look like when we finish. We are going to keep the basic character of the building, but we are going to enhance the beauty of the building by some exterior work. I am showing you a door in theCTA Building which shows its executive offices. The purpose of that is to show we have on the east side a lot of business. i realize it is the CTA Towers, and they operate their offices out of their own Towersv Mayor Ferrer Mr. Traurig, you don't mean a lot of business do you sir, when you say one office? Mr. Traurig: I realize there are some extremely nice homes on Brickell Avenue but let me show you some photographs. That is another( office in the CTA Building. It is Mr. Aselrod's office. Here is a sign on the CTA Directory saying National Assoc. for Non -Profit Housing. That of course is a picture of the CTA building. We now show you pictures of buildings that are going up, up and down Brickell Avenue, and they are self evident. Now in the Brickell Townhouse, the American Arbitration Assoc has an office. That is the sign on its door. I am not saying that these aren't permitted under the ordinance, but they have a different ordinance than the ordinance applicable to the west side of the street. But I am saying the basic character of the street permits some kind of businesses within some of these buildings. This is the entrance to the men's hair stying salon, and next door on the south would be Brickell Inn motel. Going to the west side where our property is located, we start from the north and move toward the south. I'd like to show you that in t he northern part we do have the Divine Light Mission and there is a Lutheran Church, but as we go further south, we come into these apartment buildings, with which we think we are compatible, and furthermore we think there are other aspects of the development on the west side which do militate in our favor. That is also a photograph of an apartment building about to be constructed, a three story building, and I think Mr. will discuss that with you, a property in Which he is interested. This is our property at the present time. You saw a picture of what it will be when we complete our renovations. That is 2110 Brickell and that is the front view. This is the rear yard, and we intend to keep those trees and we intend to keep the basic residential character. Immediately south of our property is Mr. Little's property. Hew could. our use be considered detrimental to the basic character of the street when the house next door is used basically as an architectural office. I think that considering numbtr one, that the ordinance provides that we can have a non-profit corporation of our kind,in any residential area, and the fact th3t we have an architectural office to the south of us is a point you should 10 APR 2 51974 consider favorably for us. Again to the south of us, now we have some additional apartment houses, and the south of that another apartment house. then the Holiday inn. 1 have tried to ge very quickly because 1 know you have a long agenda, but I think we must make these points in summary. No. 1 we have overwhelming neighborhood support. No. 2 we are not commercializing this neighborhood. If any, thing we are retaining the basic character of the neighbored. No. 3 we are preserving the existing structure and the existing landscape. Mo. 4 we are creating less traffic and providing for more open space than would be applicable if we built an apartment house on this property. And a final thing, and I think this is a point this commission has to address itself to, isn't it better to prevent this proliferation of apartment houses, even in a district which provides for apartment houses, when someone says to you, we'd like to keep the existing structure rather than tear it down and build another apartment house. That is what the overwhelming sentiment in those recommendations for approval from our neighbors is. we also have some longer letters strongly urging that you approve our application. Thank you very much. I'd like to ask whether Mr. Kruglak, Mr. or Mr. Smather would like to address you? Mayor Ferre: At this time we will hear from the opponents. You took twenty minutes, so I'll allow five minutes for each ane ofyouu, and then if someone wants to make an additional comment you can. Go ahead, Mr. Moishe Zilber: I am Moiehe Zilber, 2201 S. Miami Avenue. Good morning, Mr. Mayor and Commissioners, we are opposed to any sort of commercial institution whether it islcharitable or not. Sometime there isn't too much difference between charity and profit. We are only afraid of putting one little hole in the dyke, and from then on it keeps coming in. We have a beautiful neighborhood on Miami Avenue, our trees are starting to blossom, the Poinciannas will soon be a big tourist attraction, plus satisfaction to us, and we don't want to destroy any of that by allowing any beginning of commercialism in back of us. That is basically our position and we think it is valid. Thank you. Mr. Denzil Ligerot: My name is Denzil Ligerot. I am representing Mr. McCune, Mr. Edgar Jones, Mr. Bruce ? we own lots 81, 82 and have Lots 3 and 4, that is approximately 35,000 sq. ft. We are building, about half finished, a four unit apartment building in there, we all intend to make our homes,---60% of that total land area will be landscaped and have trees. I don't recall this letter or petition that Mr. Traurig says was circu]a ted. It certainly didn't come to any of us. I don't think it went to the McArthur estate at all, or to Bob Little. We are 100 ft away from the property, and the Police had to clear out the hippies from that building two or three times. This low density apt. is why we bought our homes there. This is our homes, these are not speculative bldgs. and we will have well over $300,000. in four unite. Now, low -density here says a building 50' wide and 100' long is all that is permitted. It says low -density apartments. There has been a lot of property on Brickell Ave. between 26th Road and 15th Road, has been recently purchased, and if this non -conforming use if permitted, it will open up the whole street, depreciate the values. Thank you. li APR 251974 • Dr. Gerald Mosst My name is Dr. Gerald Moss, I live at 1877 8. Miami Avenue. I'd like to oppose this request for variance for the following reasons. The Better Business Bureau in my opinion, is a business, it is not, even though it is classified for tax purposes a eleemosynary institution It is a fee for service business. No. 2, the variance wee denied by the Planning and Advisory Board by 7 to 0 plus denied by the Planning Board. No. 3, this goes against the Master Plan study to keep the west side of Brickell Avenue a buffer zone between the east side high-rises and the residential community of S. Miami Avenue. This is a very important point. Please don't lose that point. Mr. Traurig suggests leaving the building in -tact and they will slip in quietly into the building. This reminds me of the trojan ho ree fable, 1 think will eventually result in the rape of Brickell Avenue as well as 8. Miami Avenue. Thank you. Mayor Ferre: Mr. Traurig do you want to respond quickly and then we are going to bring this matter to,---- Mr. Traurig: I'd like to call three things to your attention and read two more letter, and I'd like for Mr. Slathers to point out:the addresses of the writers of these letters. 10. 1, Mayor Ferre: Mr. Traurig, we have Mr. Aronovitz and several people that have been here and I apologise because we had to put that legislative thing on first, but if you start reading letter it will be 15 minutes, so please, -- Mr. Traurig: No. 1 I don't think there should be an issue as to whether we are or are not a business organization, we are not, we have been classified as a non-profit corporation. I think the public service rendered by the Better Business Bureau is known to everybody on this Commission. We don't have to discuss that. We are not asking you to change the zoning on this property to business zoning so there would be a use which would be incompatible with the uses up and down Brickell Avenue. We are asking for a special use permit as the ordinance provides. It is not going to be a hole in the dyke. I just want to point out to you in these letters are from Mrs. Marion Waller of 2100 Brickell Ave. which is the property Mr. Migerot mentioned as the McArthur estate property:7Se letter says we favor the application, and she is also the next door neighbor to this property. We also would like you to call attention to the fact that Dr. Nixon immred i ately behind her property says I favor the application. I also would call to your attention that Mr. Little has with- drawn his objection and he, is our neighbor to the north, --- to the south. I think it is a very clear issue. I think it is an improve- ment in the neighborhood over what would result if there were apartment buildings side by side the entire west side of Brickell avenue. We urge that you follow the recommendations the urgings of your citizens who have recommended so strongly that you approve this application. Thank you. Mayor Ferre: All right, Mr. Traurig, the recommendation of Mr. Acton is in Our hands and we have, are there any questions? Any actions, Mr. Plummer: Mr. Traurig, do you own this property sir. 12 APR 25.1974 Mr. Traurigs No there is a contract for the purehai* of the property by the Better Business Bureau, Mr. Plummer: Who is the owner sir, --- Mr. Traurig: The attorney for the owner is present, ". Unidentified person: The present owner is a corporation by the name of Dandelion Inc. Mr. Gary Katz, Lawfirm of Paul, Andy and Bailey, 341 Pan American Bank building: We do represent the owner, Dande- lion Enterprises and there is a contract for the purchase of this property by the Better Business Bureaiu. Mayor Ferre: Any other questions? Are there any motions? Mr. Plummer: Mr. Mayor, as far as the motion is concerned, I agree with Mr. Traurig that the Better Business Bureau, in fact is not the normal type of a business that we know. But there again it is not the character of the neighborhood. The character of the neighborhood is that of residential and I don't know of the Better Business Bureau being in the residential business. There is no break. I have just check- ed with Mr. Simpson, the only break that is commercial at all is that of the Holiday Inn which we all know got there by court order, not by action of this Commission. Mr. Mayor, I will make a motion to uphold the residential character and keep it residential, so I will make a motion to uphold the recommend- ation of the Planning Board and the Planning Department. Mrs. Gordon: I would just like to say for the sake of the records that I have to agree with the comments made by Mr. Plummer that even though the Bureau serves a very worth while purpose for the community the community would suffer from the intrus ion of a use, even if it is a public service type of use and therefore from the standpoint of breaking down the zoning in this area, possibly giving owners of other property an incentive of perhaps court action for change of zoning I would have to go in this direction. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-311 A MOTION TO DENY THE APPLICATION OF BETTER BUSINESS BUREAU OF -SOUTH-.--'. .SOUTH..= FLORIDA FOR PERMISSION TO ESTABLISH THE OFFICES OF SAID ORGANIZATION ON LOT 17 AND THE SOUTH 25 FEET OF LOT 78, BLOCK 56, FLAGLER MARY BRICK - ELL, LOCATED AT 2110 BRICKELL AVENUE. Upon being seconded by Mrs. Gordon the motion was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. Mayor Ferre: In casting my vote I agree with Commissioner Plummer and Rose Gordon but I want to point out something which I think is very important. Nobody here is obviously against the Better Business Bureau. I think the important APR P . io74 thine to point out is not that we are against anything but thatwe are for the maintaining of the residential character. And the fact that you can take an eleemosynary institution like the Better Business Bureau and move it into a resident ial character, soon it does not help that cause. Now with regards, and this is the point I wanted to make, with regards to the question of which is better to leave that as it is and have the Better Business Bureau use it or have it used as an apartment house, torn down and rebuilt. I don't think that we are ever going to solve the problems of urban sprawl and the problems of density and the problems of a healthy down- town core unless we recognize that there are going to be cor- ridors of high density and corridors of buffer zones like this that will not only supplement the downtown area but will bring up a healthier city where we will have a community that not only works but lives hear the core area. Any thing, in my opinion that is a step against that is not in the best in- terest of the city and therefore, I vote along with the motion. 4, CHANGE ZONING CLASSIFICATION -LOTS 72,73,74,75 BEACOM MANOR (8-121) Mr. Richard Pallot: Mr. Mayor, Members of the Commission, my name is Richard Pallot. I'm here as a principle being President and Chairman of the Board of International Bank of Miami. As you can see, essentially what we are attempting to do is have the property described as lots 73,74,75 zoned C-2. The purpose of the request for rezoning is for the bank to ex- pandtits parking facilities to the east. We presently have parking on lots 70, 71 and 72. The problem that we faced and the reason that we required an application for rezoning is that the parking facilities that are on lots 70, 71 and 72 presently have a 7 foot setback requirement. We had an opt- ion of coming in and seeking conditional use on lots 73, 74 and 75 but a conditional use variance would have required a 20 foot setback. The Commission did not have the legal power to reduce the 20 foot setback to accomodate aesthetically what we -presently what we have in use for parking which is the 7 foot setback. As a practical matter we have this pro- blem. #1, we have an urgent need for additional parking caused by several factors. #1, we have had considerable growth at our banking activity and presently serve approx- imately 34,000 accounts. We shared, in fact, parking facil- ities that was previously used by the Toby's property which is directly to our south and as you know that property has been rezoned. All of those parking facilities have been elim- inated and there is presently under construction as the result of the re -zoning, a 17 story building. Mayor Ferre: Richard, in the interest of time, and just let me cut you off for a moment. Are there any objectors here? Are there any objectors to this matter present. One of record who is the property owner next to you, is that right? Mr. Pallot: Yes, sir. Mayor Ferre: I tell you, I've read the record and I think all of us, so let me just cut you off and do it on a question basis. Are there any questions at this time? Mrs. Gordon: Mr. Pallot: if I might. I want to hear from the Department. One thing before' the department makes a comment, The zoning hearing before the Zoning Department, 14 APR 251974 • one bf th4 questions was due in fact, you know, is there OW insurance that we will continue to use this for parking and not for some Other purpose. They did not make this a conditm ion but I Said"took, we would be very happy to voluntarily file'a resolution in the form of a restrictive covenent runm ping with the land providing that this property would not be used for any purpose other than it is presently being used for or for parking." Mayor Ferre: Is that legally binding, lack? Mr. Lloyd: It's legally binding. It's voluntary, they don't have to do it and it's legally binding from the fact that it is covenant running with the land which will be recorded and it constitutes something on the title of the property... Mayor Ferre: Can we make it part of a motion? Mr. Lloyd: No, you can't make it a part of your motion. Mr. Pallot: Mr. Mayor, I'm proferring this voluntarily and what I would like to do is present the covenant which the City Attorney's Office has reviewed that restricts our use for a period of 71/2 years without approval of this Commission together with a check for $4.00 for recording this document to be held in escrow until after the final reading. Mr. Lloyd: The recording of the document, as Mrs. Gordon knows, probably better than I do, affects the title of the property so it does run with the land. But you can't make him do it, so therefore you can't make it a part of your mot- ion. He's volunteering it. Mayor Ferre: Mr. Acton, let's hear from you. Mrs. Gordon: I want to just offer a thought because I'm go- ing to ask the department to speak to it anyway, so I want to ask them to speak to the thought. If in deed the condit- ional use approach is not satisfactory because of the 20 foot setback which interferes with the number of parking spaces that are required, and what you really need is a 7 foot set- back, right? I recall in years past where we have zoned up to that point in a classification of zoning and retained the other zoning for that wetback area. Do you follow me? The setback of the 7 feet would be retained... Mr. Acton: Rose, I follow you but I don't know that that is legally permissible. Mrs. Gordon: It's legal, we've done it. I can name areas where we have used it. If you recall, in the Granada area. Mr. Simpson: Mrs. Gordon, you are entirely correct that it has been done in the past on many occasions but the law, about two years ago was changed and now the mandatory 20 foot set- back is part of the use regulations and we cannot vary from that anymore. Mrs. Gordon: No, I'm not talking to that. You're not fol- lowing me. I'm not talking about the conditional use approach. You are. Mr. Simpson: Oh you are saying change the zoning less the x number of feet. Mrs. Gordon: That's exactly what I'm talking about and now - 15 APB ©© 5 17% 11/ 1 I've.asked the department to speak to the whole application and including my thought. Mr. Acton. Mr. Acton: Commissioner Gordon, members of the Commission► the basic reason for cur objection was that we did want to be sure that the bank was cognizant of that residential use which is to the, directly to the east of the property and it shows in. red on the map. There is a low-rise structure there plus there is a new apartment building going up on the corner of 6th street. We're not opposed to the off street parking and we wanted to be sure also that there was some kind of a buffer between the parking lot and the residential use, so I think that your suggestion, Commissioner Gordon about zoning it perhaps 10 feet from the lot line is a good one. It would provide a buffer and the bank certainly has done a magnificent job of landscaping and I am sure that they would do so in this particular case. Mrs. Gordon: Are you speaking of the east line? Mr. Acton: The east line, Commissioner Gordon. Mrs. Gordon: What is your recommendation from the depart- ment? To the east line? Mr. Pallot: As far as the east line, our present intention, Rose, we have an 8 unit apartment house on the east line which we have no present plans to destroy. We intend to maintain the 8 unit apartment house an 8 unit apartment house which we own. Mayor Ferre: You mean you own that? Mr. Pallot: Yes, sir. We own lot 75 which is an 8 unit apartment which will remain an 8 unit apartment. Mrs. Gordon: Then why ask for a change on that one, Richie? Why not leave that one... Mr. Pallot: Because at some time in the future there may be a need for the additional parking. Mayor Ferre: You're ahead. You're much better off. Mr. Pallot: We'll accept the 7 foot zoning C-2 for all but the east 7 feet of lot 75. Mayor Ferre: 10 feet is what she said. Mrs,; Gordon: No, well I was talking to a different line than Mr. Acton was and the reason I spoke to the, I was speaking to the south line. The reason was to prevent the ingress and egress factor but if that is not a vital part of it then I would just forget that ,part of it and it is not necessary. Mr. Pallot: east except high that's Mayor Ferre: Mr. Pallot: Yes. Because you're protecting nothing on the the Toby's, the new building that's 17 stories going up. Which is certainly not residential in character. Yes, that's not residential in character. Mrs. Gordon: Ok. Then that is not the factor, we'will.for- get that point but if we're speaking then to the concern of the east line and the 10 feet. If it is not going to interfere, M 16 APR 251974 11/ you're not going to use it for parking inate the objection of the neighbor. Mr. Pailot: Well there is no neighbor Mayer Ferre: Yes, 76 is. Mr. Pailot: Well, they didn't attend, objection. • now. If it would aU objecting to the east. there was no vocal Mrs. -Gordon: I don't have any strong feelings on that 10 feet really. I don't have any strong feelings on it. Mayor Ferre: Any further questions? Does anybody want to make.a motion at this point? Mr. Plummer: Mr. Mayor, I think any wants to come forth and say "City, I off-street parking", you know what I I'm all in favor. Mr. Mayor, I make time a man in business want to give you more want to say to him? a motion to approve. Mr. Lloyd: You're making a motion to approve the ordinance as read, is that correct? Mr. Plummer: I'm making a motion to approve to change it for the conditional use which he has proferred the covenant. Mrs. Gordon: He's not going for conditional use. Mr. Lloyd: You can't make such a motion, Mr. Plummer. This is a change in zoning and so therefore, your motion should solely be to the ordinance moving the.ordinance as the title of the ordinance is with respect to the change in zoning. Mayor Ferre: As approved by the Zoning Board. Mr. Lloyd: Now I know that you are making it on the basis that he is making this covenant which he has voluntarily done. Mr. Plummer: I don't want you to know it, I want him to know it. Mr. Lloyd: You may state that into the record that that is what you are doing but your motion technically must be solely moving the passage of the.... Mr. Pailot: Mr. Plummer.... Mr. Plummer: I understand. If you all were undertakers you would starve to death. Mr. Mayor, I make a motion that we approve it as is on item (4). Mayor Ferre: How about this 7 foot setback? Mr. Plummer: 'No, I don't think it is necessary. Mrs. Gordon: Mr. Mayor, I don't have any strong feelings on the setback on the east side because there is an existing apartment building there and it is not going to be removed, Mayor Ferre: Yes, but I think eventually it probably will be removed and if you have that in there then you know that will be a green buffer and anytime we can get a little more green, you know. I 17 APR 2519y4 10 Mr. Pallot: Cif course that's an apartment house that's lot 76. Mr, Plummer: Mr. Mayor, the whole lot of 76 right now is covered with an apartment. Mr. Pallot: There is no greenery there now, Mr..Mayor. Mrs. Gordon: Are you going to record the covenant? Mr. Pallot: Yes. I have delivered the covenant to the city Attorney with the $4.00 recording fee that covers the whole thing that says that we will use it for nothing but parking or for the existing use unless we come back here for 71 years. Mayor Ferre: That's exactly the point. You see, look... Mrs. Gordon: Mr. Acton, if in fact the apartment building were removed at some date in the future and it were used for parking, how close to the lot number, the one in red would the parking be? Would it be right to the line, would there be a normal setback requirement? Mr. Acton: No, it could go right to the line. Mrs. Gordon: Well, in that case, for the protection of.. Mr. Acton: I mean there would be a little landscaping in that area. Mrs. Gordon: Mr. Acton: give ; us the zone. 5 feet, right. Except I just don't feel that it is adequate to kind of buffer that we need against a residential Mr. Plummer: George, tell them more simply than that. Will you? If he comes in and draws an application for a parking lot he's got to have the wall, he's got to have the land- scaping, he's got to have the drainage, he's got to have the lighting, he's got to have all of that, right? Mr. Acton: That's true, Commissioner Plummer. Mr. Plummer: Ok. That's what they want to know. Mr.. Pallot: I might point out I think we landscape pretty well because we won a City award for our drive-in landscap- ing. Mrs. Gordon: I,iriotice another thing and I think it is worthy of mentioning. '.The residential we are speaking about is not R-1. We're talking about R-4 and in normal circumstances, apartment houses have parking of their own in the rear of their buildings so I don't think this is applicable, so I'll go along with the motion. WHEREUPON THE CITY ATTORNEY READ THE ORDINANCE BY TITLE. An ordinance entitled: AN'ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 72,73,74 and 75,BEACOM MANOR (8-121), LOCATED AT APPROXIMATELY 2519 S.W. 7th STREET, 18 APR 251974 FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-2 (COMMUNITY COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITI. was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading by title by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: None. THE CITY ATTORNEY ANNOUNCED THAT EACH COMMISSIONER „3AD BEEN FURNISHED WITH A COPY OF THE ORDINANCE AND THAT COPIES ARE AVAILABLE TO THE PUBLIC. CHANGE ZONING CLASSIFICATION - TENTATIVE PLAT #898 DOUGLAS GARDENS �NA . C�DS AT ACENA gA1 0NETCE . l AVE BETWEEN NOTE: The Mayor announced the Commission was now ready to consider hearing of any objectors to the proposed ordinance. No objectors appeared. Mr. S. Aronovitz: Sidney Aronovitz, 908 Ainsley Building, Miami Florida, for the applicant, the Miami Jewish Home and Hospital for the Aged. First, Mr. Mayor, may we express to the Commission our appreciation for the very fine response that was given to the request for relief for eleemosynary institutions on the filin9 of fees in this matter. It really helped this institution to the extent of over $3000. We do appreciate it very much and it will apply to all similar in- stitutions. We have here a request of zone from R-2 to R-4 for the home at 151 N.E. 52 Street and a vacating and closing of the existing N.E. 1st Avenue, replacing it by a new N.E. 1st Avenue, shown as Mr. Simpson is pointing out there. Now we are requesting the opportunity to replace a 40 foot street, the existing street with a 50 foot street in width. From 52 Terrace to 53rd Street. Mayor Ferre: I see, but how about the other street now? Mr. Aronovitz: The, to the south we are proposing at the re- quest of the people in the neighborhood a 10 foot pedestrian walkway which will enable the folks to walk through there to 52 Street. We cannot dedicate 52nd Street because lot 19 shown in white is presently owned by someone who will not sell it. It'is an elderly lady who lives there. She's not opposed, not objecting to what we're seeking but we can't buy it from her at this time and that's the reason we can't in- clude it in a proposed replat. Mayor Ferre: Would it be the intention of eventually, I would imagine it would be in your best interest to have that lot 19. Mr. Aronovitz: Absolutely. We would like it today if we could purchase it but we just can't acquire it. Now I might remind the Commission that the home has been at this loca- tion for more than 20 years, that it occupies 8 acres of land, it hopes to add another one and three quarters acres by the requested relief sought here, or a total of nine and three quarters acres. It has 227 beds at present. It has a 19 APR 2 51974 waiting list or over 300 people, a three to four year wait for entry to this home. It is over 60% constituted of in- digent people and it has served in out -service facilities over two thousand families in a given year. The home is a beneficiary agency of the United Fund and the Greater Miami Jewish Federation, receives 2/3 of its total budget from thOee sources and raises the other 1/3 by volunteer activities of its mens club, ladies auxiliaries and other organizations and contributions from the community. We do point out to you at the same time that the needs of this home has fulfilled is unmatched anywhere in Miami and if we can't get the opportun- ity to add these 120 beds we may have to consider another site which is not available and which we do not have the money to acquire at -this time. I would like to recognize the pres- ence here of several community leaders, Mr. Mayor who are volunteers and who give of their time and their effort and they are benefactors of this institution who came down here today to be with us. I recognize Mrs. Anna Brenna Meyers who we all know from the school board, Mr. Jack Popick, the pres- ident of the Home, Mr. Aaron Kravitz, the vice-president, Mr. Sam Hyman, a vice-president, Mr. Koplowitz a.vice-president, and Judge Irving Siphon, the honorary president of the home. We also have with us Mr. Irving Korack the architect, Mr. Tom Jordan his assistant and Mr. M.B. Garris who is the engineer involved here today. Mayor Ferre: You've got quite a power house here today. Mr. Aronovitz: We felt that the interest of the community, these people did and their interest in the home was such and continuing that they wanted to be heard. I might point out that you have the recommendation of the Planning Department, the Plats Committee and the Zoning Board all unanimous for this project. Mayor Ferre: All right. Are there any questions now? This is approved by the board and recommended by our own Planning Department. Are there any further questions? Mrs. Gordon: I have no questions. I just want to say how much in favor of this I am and Father Gibson wants to move it and I would like to second it. WHEREUPON THE CITY ATTORNEY READ THE ORDINANCE BY TITLE AND ANNOUNCED THAT EACH COMMISSIONER HAD BEEN FURNISHED WITH A COPY OF THE ORDINANCE AND THAT COPIES ARE AVAILABLE TO THE PUBLIC. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FOR THAT PART OF TRACT "A" #898 - "DOUGLAS GARDENS", LOCATED AT 151 N.E. 52nd STREET, FROM R-2 (TWO FAMILY) TO R-4 (MEDIUM DENSITY MULTIPLE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. was introduced by Father'Gibson, seconded by Mrs. Gordon 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. 2u APR 251 974 The foll_ng resolution was introdti!..,d by Reverend Gitidi son who moved its adoption: RESOLUTION NO, 74 - 312 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTI?1UING THE PUBLIC USE OF N.E. 1ST AVENUE BETWEEN N.E. 52ND AND 53RD STREETS, AND OF N.E. 52ND TERRACE 79.51' WEST OF N.E. 1ST AVENUE, ALL IN CONJUNCTION WITH TENTATIVE PLAT #898 "DOUGLAS GARDENS", SUBJECT TO RE- LOCATION ALTERATION OR INSTALLATION OF ANY , UTILITIES AND EASEMENTS, AND SUBJECT TO RE- CORDING FORMAL PLAT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote- AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 6, RECEIVE SEALED BIDS - TRAIL VIEW HIGHWAY IMPROVEMENT H-4366 At exactly 10:00 O=Clock A.M. Eastern Darli!ht Saving Time, the Mayor announced the Commission was now ready to receive sealed bids for TRAIL HIGHWAY IMPROVEMENT H-4366. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-313 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR CONSTRUC- TION OF TRAIL VIEW HIGHWAY IMPROVEMENT H-4366. (Here follows body of resolution,_ omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. BIDS WERE RECEIVED BY THE FOLLOWING: THE JOHN STILL CONSTRUCTION COMPANY L. C. MORRIS INC. GARCIA ALLEN CONSTRUCTION CO., INC. G. T. F. CORPORATION JOE REINERTSON EaUIPMENT COMPANY D. M. P. CORPORATION MARKS BROTHERS COMPANY if PERMIT USE OF STRUCTURE ON TRACE "A"- SIMEER SUB (64-51) LOTS . �t Ru_ 4._ 'tRC tVAL PLAT I EV - a) The Mayor announced the Commission was now ready to consider hearing of any objections to this item. NO OBJECTORS APPEARED. Reverend Gibson: I want to ask some questions before you vote on this. I see day care and all of that business on that site. I want to call to the attention of this board that I have some serious concerns and doubts now. I'm not asking to object, I want to raise some questions. Why are you going to put that day care in that place? Mr. Jones (B.U.D.): We had discussed this with the project area committee about the type of activities that are going to take place in that building.. Mayor Ferre: Where is that drawing of that thing that I saw?. Mr. Jones: We have the architect with us. Maybe he has a copy of that drawing. Mayor Ferre: No, not the drawing. You actually had a three dimensional plan. Didn't you bring that with ,you? Did you get to see that? Reverend Gibson: No, I didn't. Mayor Ferre: Why didn't you show that to Father Gibson? Mr. Jones: Well.... Reverend Gibson: They didn't want me to see it, I don't suppose. Mr. Jones: No, I wouldn't say so, Father. We have presented this to the project area committee. Evidently, apparently on that night that it was presented Father Gibson wasn't here. Mayor Ferre: Gentlemen, I hate to do this to you, excuse me but I think this is an important item. I've seen it and I think that it is very important that Father Gibson see the three dimensional drawing that you had. Mrs. Gordon: I haven't seen it either, Mr. Mayor. Mr. Jones: We have the; floor plan here. Mayor Ferre: You bring that three dimensional drawing that you had. You come back this afternoon and we'll take you up at that time because I think it is important that everybody on this Commission have an opportunity, I'm sorry to have to do this to you but I think it's important. Mr. Jones: What time do we get back this afternoon? Mayor Ferre: Can you come in this afternoon at 4 O'clock? Thereupon the discussion was deferred until 4 O'clock. 22 as APR 25 1974 • O' PERMISSION TO CONSTRUCT PERMANENT CANOPY OVER DRIVE IN ItI TENORARY :USE -TRACT A CENTRAL SHQPPINC CENTER (BANK) Carlos Arboleya, 1941 S.W. 21 Street: In the expediency of time the request of the resolution is well known to the com- miss ion. Thereupon the Mayor announced the Commission was now re- ady to consider hearing of any objections to the proposed resolution. NO OBJECTORS APPEARED. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-314 A RESOLUTION GRANTING APPROVAL, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XIII, SECTION 4, TO CONSTRUCT PERMANENT CANOPY FOR DRIVE IN TELLERS IN CONJUNCTION WITH USE OF THREE CONNECTED TRAILERS UNDER PETITION FOR TEMPORARY USE AS BANK ON TRACT "A", CENTRAL SHOPPING CENTER (68-79), LOCATED AT APPROXIMATELY 3737 N.W. 7TH STREET, ZONED C-1A (PLANNED SHOPPING CENTER), SUBJECT TO PROVISION OF A COVENANT FOR REMOVAL UPON COMPLETION OF PERMANENT BANKING AND DRIVE- IN FACILITIES. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote- AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 9, PERMISSION TO CONSTRUCT 101 UNIT N,U,D, PROJECT LOTS 1 & 2=10 FAIRWAY (7-28) =_ $ LOTS 1,2, 6, 7 PRAMAR SUB (8-110) Objectors Present. Mr. Ralph Carey: Director of the Housing Division Department of Hud. Mr. Mayor, we are recommending that the Commission approve the 103 unit use of this property for elderly housing. It has been before the HUD advisory board and the Planning Advisory Board and met their unanimous approval. It's with keeping with our previously approved projects and we feel it is an asset to the Community. Mr. Plummer: Mr. Mayor, let's hear from the objectors. Let me interject one thing here because I sat through this with the Planning Board. Dave, refresh the Commission-'s memory and mine. They're asking for 101. They can legally build what? 97? There's only 4 difference, is what they're ask- ing. All right, Mr. Mayor, this is very important and this is the crucial thing of this item that legally today they 23 APR 251974 can -go in there and build 97 units. The only thing that the HUD is asking for is to be allowed to build 4 additional unit8' That is the point I want you to Speak to if you will. Margeurite Harrington, 157 N.E. 68 Terrace: 1 just want to ask how our property... My neighbor is with me and their property is right next door and we want to know what that means to our property. Will they want to take that? We don't want to Sell it at this time. Mrs. Gordon: Where are you on that map? Mr. Plummer: Lots 3,4, or 5. Mrs. Harrington:. Right behind it and right next to me is a part of their, area also. Mr. Plummer: In answer to your question, you don't have to sell ma'am. Mrs. Harrington: Well, that's what we want to know. Do we have to sell? Another thing we want to know is if we re- zone this does that mean that our taxes will go up? Mr. Plummer: They're not re -zoning. Mrs..Harrington: They're asking for a re -zoning. Mr. Plummer: No, ma'am. All they're asking for is a con- ditional use. So to answer your question; No there will be no re -zoning, no there will be no increase in taxes. Wait a minute, there will be no increase due to their building. You saw on TV what I saw yesterday. We're all going to sit dawn and cry in about another month. Mrs. Harrington: I guess that's all. But if they do want our property later... Mr. Plummer: They negotiate with you just like a regular private business would. Mrs. Harrington: Then we can say no if we want to? Mr. Plummer: Well I don't know, do you have a right of em- inent domain? Mr. Carey: Yes, but we would not be interested in that in this particular project. Mrs. Harrington: All right, that's all we wanted to know. Mayor Ferre: A11 right. Are there any other objectors that want to speak? Yes, ma'am. Name and address for the record. Rita Meyers: My residence address is 5961 S.W. 63rd Court. The property abuts my property which is called Knight Center Apartments. Mr. Plummer: Do you own that? Ms. Meyers: Yes, and tract A which is right above it. Mr. Plummer; I remember this. Your contention is about the sewers? Ms. Meyers; No: They've got more money than God and they 24 APR 251974 can firing the sewers in if they want to. Mt. ilui er: if you do, I want to know. Ma. Meyers: My contention is there are 2500 HUD units within a One mile radius. I feel that there are just too many low incotiae houses in that area. Most of the units, the 235 units are in South Miami Heights where I built 3000 of theta or be-' tween N.E. 50 th and N.E. 74th Street. What they have creat- ed because we have units just to the south of us and we have HUD units just to the west of us is nothing but low income housing in the area, for the record.' Mr. Plummer: Sweetheart, for the record and in the interest of time, once again let me say to you it is not a matter of your being here as an objector today as to whether you are going to stop the project or not stop the project. The only thing that 1 am asking you to speak to is 4 units. Because they can build it up to 97 units by going down tomorrow and getting a permit. Ms. Meyers: Sir, I beg to differ with you but at the previous hearing it was brought out that in fact they could not build the 97 units. Mr. Plummer: if you're right I'll be quiet. Mr. Acton? Mr. Acton: R-3 ordinance allows 97 units to be built and that's the question that I answered. Or if you impose the other controls that are within the R-3 ordinance it might certainly mean a lesser number of units. Mr. Plummer: Conceivably, can they build 97 units? Mr. Acton: Not under the R-3. What I'm saying is that under under all ordinances, the R-5 or whatever else they have a tough upper limit that allows a certain number of units to be built but when you apply other controls then ordinarily you cannot build a total number of units. Mayor Ferre: How many units could they build? Mr. Acton: I don't know under the R-3, they're not coming to the Commission under R-3, Mr. Mayor. Mayor Ferre: Sure they are. Mr. Acton: No, sir. Mx. Plummer: R-3 and C-4. What else are they coming under? You see, Mr. Mayor, t'm in a very funny position because'I agree with this woman. I agree with her but not with this particular project. I think that they have flooded that area with low income housing and I think personally they ought to look elsewhere in the future but this one is there, it is proposed and I was going to recommend to this man that they start looking in downtown Miami where we want people to start moving into. So I am on both sides of the fence. Mx. Acton; Mr. Mayor, they're coming to the Commission under Article 36 which is public or semi-public uses. Mr. Plummer: George, their question was simple. Can they build tomorrow 97 units or not? Mayor, Ferra; Under R-3 as proposed? 25 APR 251974 • Mr. Acton: I can't answer your question without.... Ms. Meyers: They can build a maximum of that number. Mr. Acton: I don't think they can, that total number, no. They might come up with Eay 90, I don't know without taking a look at their plansbutthe point is that they're not corn- ing to the Commission under the existing zoning, they're com- ing to you under the public or semi-public uses general pro- vision. They have the option of doing this or else request- ing a change of zoning to R-4 which would allow the type of building which would be completely out of character with the surrounding area. So we recommended to the little HUD that they come to the Commission under Public or Semi -Public Uses and build the kind of project which would be compatible with the surrounding area which they have endeavored to do. Mrs. Gordon: The point is however, that they can build units in that area for the need they are expressing. Ms. Meyers: Oh they would be able to build units there but they would not be able to build 97 units. Mrs. Gordon: I know, but what your concern is that they not build this type of unit period. You know, low income any more. Ms. Meyers: What I want them to do and I have papers on, there is a terrible need, if they want to put something there; you see the property that was there before was condemned and the man had to take all of the buildings down so now he is sitting with a vacant piece of property that he's got to pay taxes on and he has no income. Bids were taken and his bid was the first bid, first acceptable bid and it was the only bid. In other words, after his bid was placed there was no more bidding taken. Mrs. Gordon: The "he" meaning who? Ms. Meyers: The Rakman Corporation. Mr. Plummer: What do you want them to do? Rebid? Ms. Meyers: No, that's not what I'm asking for. You see, the only reason I don't want that particular there is because they can't provide the medical facilities from the people that would be needed. The median age is 72. They are 23 minutes from Jackson. If they went across the expressway they are 25 minutes from St. Francis. There is a layman on duty there at all times but he can take care of minor first aid. What is he supposed to do in the event of a cardio- vascular incident? What is he supposed to do if there is a neuro vascular incident? If this median age group, they need help fast. Reverend Gibson: Are you telling us we ought to find some place else? Ms. Meyers; I have two other properties that are available. Reverend Gibson: Well my dear, I don't think we are here to make that choice. Mr. Plummer: You do? Ms. Meyers; Yes. No, no. Not I personally. Excuse me. 26 APR 251974 • Mr. Pitmen You weren't on this Commission, I was, you know when we listened to the thing called Knightsville. Do you knew, where that it? Ms. Meyers: Yes. Mr. Plummer: I remember when Knightsville came before this Commis a ion . Ms. Meyers: Twenty-two years ago? Mr. Plummer: No, they were here recently. Ms. Meyers: Oh yes, that was B.G. Mr. Plummer: Un huh, and they were asking the Commission to do certain things that were needed by the community. Do you remember that? Ms. Meyers: Yes. Mr. Plummer: I remember that very well. The point was that you came here and asked this Commission to do certain things for you in Knightsville. Ms. Meyers: No, sir. I was not the owner of Knightsville at that time. Mr. Plummer: Then the owners of Knightsville. Ms. Meyers: At that time. They came to you about sewers. Mr. Plummer: (Inaudible) and give us low income housing. I listened to that, I agreed. Now I don't see how you can come up here say to this man, don't do the same thing. That's what I'm saying. Ms. Meyers: That's not what I'm saying. What he is advocat- ing is low income housing for the elderly with a median age of 72. Now, they have other properties that have been built on, one is across the street from the Orange Bowl. Mr. Plummer: Next door to Robert King High. I agree. Ms. Meyers: Yes. They are 4 minutes from Jackson Hospital and Cedars and the. Veterans Hospital. If anything happens they can get their people there fast. I'm saying that (1) we've got a high density on N.E. 2nd Avenue and the surround- ing area. We've got a lot of HUD units up there, we've got 2500 within a mile. I'm saying that we just cannot provide the medical attention that these people need. And I'm not even considering that there are no facilities for shopping, I'm not considering that there are no facilities for enter- tainment, I'm not considering that the buses run once an hour and the people would have to rabbit across N.E. 2nd Avenue to catch a bus if they wanted to catch a bus to the 79 Street Causeway to shop. Reverend Gibson: Let me ask a question. Would it help you now that you have put all of this on the tables and say to Mr. Carey and HUD: "You've heard this argument. We want you to now structure what you are going to do with the full knowledge of concerns this lady has expressed." I mean what I don't understand is, I don't understand how you expect us here to make our decision based on the things you're say- ing here. Now here are people who have the responsibility of _. 27 ,/ APR 9 ! 1974 protecting the elderly. M. Meyers: I understand that , sir. Reverend Gibson: Now all we can say, that is the way that Theodore Gibson saes it, now I can't speak for anybody but me. If they have a right to build I want them to build but I want them to build keeping in mind the exigency that this ladyhas expressed. Do you all understand that? Mr. Carey: Yes. Reverend Gibson: All right. I trust you understad where I stand. Ms. Meyers: I understand where you stand. Reverend Gibson: Beautiful. Let me add this. I regret that you're telling me that you have two or three other pieces of property. Ms. Meyers: No, I don't own them sir. I know of two or three other pieces that are available. Reverend Gibson: Let me put it this way. I hope you're not going to ask us to substitute our judgement. Ms. Meyers: No, of course not. Reverend Gibson: Well not when you're telling me that you have two or three other pieces of property, you're asking me at that point to substitute my judgement for their judge- ment or expert knowledge. Ms. Meyers: Sir, all I am saying to you is that it is a crowded section of town now. There are other properties that are available. One by particular is owned by a man in West Palm Beach, It is across the street from a shopping center that is going in. It is in a homogeneous area. The other piece of property is very close to a public park, also single family residences. It would give the people an opportunity for a certain amount of exercise. It would put them in close proximity to Baptist and Doctors Hospitals. Reverend Gibson: All right. Let me ask you this question: Were you with them when they were making this decision? Did you express all of this? Ms. Meyers: No, sir. I was never contacted about their de- cisions. Their decisions are their departmentt. Mrs. Gordon: I want to make a statement. I think you are making some tremendous suggestions. I think you ought to bring it to them for future projects but I am sure that they are so far behind with the needs they need for land for devel- opment. They are going to be delighted to contact you to find out from you where they can get this land for other pro- jects. That has nothing to do with all of this. Mayor Ferret The thing that is sad about all of this and I hope you will forgive me, Ms. Meyers, but I've.got to say it. You are basically going to be in competition. Ms. Meyers: No. What kind of competition? Mayor ?erre: Aren't you down here in Knightsville? 28 APR 2 5197 Ms, Meyers: No dear. We would not be in competition. Their median age would be 72. it would be a HUD unit for the elder ly. Now prices are competitive, that's true but we would not have the saute type of clientele. 1 have families there. Mayor Ferre: What I was going to say is, you know Ralph, I happen to agree with an awfully lot of what Mrs. Meyers is saying. Unfortunately there is this question of who's ox is getting gored in this and she says this doesn't exist that it doesn't affect her in any way. But I have a feeling that there is some affect and I recognize her concern. On that point I really don't think she's got anything to worry about. It is sad to see that this is the way that things have to come out rather than, you know, on a more voluntary type of basis. I think what she's saying makes an awfully lot of sense and I agree with the comment that was made, I don't know who made it about more housing needed to be spread around all the different parts of Miami. I think there is no question that there is a tendency to concentrate too much in one area and I hope that you take this seriously because I think she is completely right. Reverend Gibson: Mr. Mayor, I wonder if we could do this. Mr. Carey, you all are usually receptive. It would appear to me that this lady could serve a useful purpose. Maybe you can't stop this. I know you aren't trying to stop this, you're trying to deal with the matter but listen. Let me put it this way. This lady can serve a useful purpose. Some of the things she said here this morning are things that HUD had better start thinking about and really putting into affect otherwise you're going to be in plenty of trouble. Mr. Carey: I agree, Father. Reverend Gibson: A11 right. If you did nothing else, Madam, for the record, you have accomplished that much. I am going to watch to see if she is ever invited to HUD to discuss the merits and demerits of some of the projects that you are go- ing to be proposing. Mr. Plummer: For the record, who is Rakman Development? Mr. Carey: This is a turn key project, Mr. Commissioner and they are the developers. They build it and upon completion we purchase the completed project. It is a firm that built the three towers in the Allapattah area of Miami. Mayor Ferre: That's just the way it is done. Ms. Meyers: It's like ADH. Reverend Gibson: It is cruel, and why don't we tell the other thing that if private business goes to work and does it, they would build it in half the time and get it all ready, Isn't that true? Mr. Carey: That's right, Father. I would like to tell the Commission, Father that we had an offer of a piece of prop- erty in the immediate neighborhood just after we appeared before the Planning Advisory Board and we were aware of the concern that the Advisory Board expressed here and we rejected that piece of property because it was close to these other places. Mr. Plummer: Is that the one across 69th Street? 2► APR 251974 . Carey: No, we had one at 51 street, sir. M. Meyers: Oh that's near our other apartment units. Mr. Carey: You will be pleased to know that we turned it down. Mr. Plummer: How many pieces of property do you own? Me. Meyers: Sir, I'm a building contractor. My husband is a dootor. About 5 years ago I convinced him since I was building in South Miami Heights that it would behoove him to get his building contractor's license because it would please me and to buy some apartment units so that he would be aware of what was going on in the community. My husband is a scientist. He was originally professor at the university and he came across a drug that he wanted to get off the market. When he went to the laboratory that produced it they refused to recognize his credentials so he came back to Miami and said "Baby, we're going into private business". We work with experimental drugs to see that they are efficacious and safe. I've just finished a 300 bed study on Vibanex and we are in April's Journal of New England. This is a geriatric drug. I am completely familiar with what this man is talking about, I know what the needs are for these people. With all of the fall safe things that he has or that he hopes to initiate, it is too little too late. Mr. Plummer: I agree with you. I just hope you heard my original comments, sir. I would love to see your department look real hard in the downtown core area. Mayor Ferre: That's all very nice, and Ralph, you're going like this and that's all very nice but you know just as well as I do that the Nixon Administration is not only sitting on an awfully lot of money but isn't about to release anymore and you know that we're coming to a screeching hault. Mr. Carey: After this, Mr. Mayor, this is the end of public housing. Mayor Ferre: That's right and don't go like this without adding that comment to it. Ms. Meyers: Sir, nobody has asked me what I want there as an alternative. Mayor Ferre: I'll ask you now because we're going to move ahead very quickly. Reverend Gibson: We aren't so sure that we can do anything about it but we will entertain that idea. Ms. Meyers: I don't know who owns the property. The only thing I know that's listed in the record is who is going to do the building. If it would be at all possible using a plan that was submitted at the last meeting, this could be used as a very competent nursing home because it would be adequately staffed and we would have the facilities to per- form in the manner that we have to perform. Mayor Ferre: You want to answer that? Mr. Andrews: No. We're not in the nursing home business. Mayor Ferrel Look. This is something that has been in the 30 APR 251o7,s Making, I'm sure, for over two years. This is the last of the honey that is available. The designs have been made and the whole thing is ready to go and it is that simple. I ream* Ognise your argument. Ma. Meyers: Why would the deigns have been made before it went before a council? Why would all of this preliminary work and money be spent before it was discussed, before I was given an opportunity to voice my objections? Mr. Andrews: Mr. Mayor, it was done at the developer's ex,- penee as risk capital. He had to prepare designs before the Federal Government or the HUD advisory board will approve it. They're not going to approve anything unless they see what it is like. Ms. Meyers: So in fact no money has been spent by the U.S. Government then? Mr. Andrews: Not at this point. Ms. Meyers: Thank you. Mayor Ferre: All right, ladies and gentlemen, I think we have discussed this item. I think we know what is before us. Are there any further questions on the part of the Commission? All right, what is the will of this Commission? The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-315 A RESOLUTION GRANTING APPROVAL, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36(2), TO CONSTRUCT 101-UNIT HUD PROJECT FOR THE ELDERLY ON Sh LOT 1 AND LOTS 2 THRU 10, BLOCK 3, FAIRWAY (7-28), AND LOTS 1,2, 6 AND 7, PRAMAR SUB (8-110) LOCATED AT APPROXIMATELY 180 N.E. 69TH STREET, SUCH INSTITUTION BEING OF AN ELEEMOSYNARY NATURE, WITH MINIMUM SETBACKS OF 25'5" (50' REQUIRED), WAIVING THE DEVELOPMENT OF 106 of 152 REQUIRED OFF-STREET PARKING SPACES FOR A PERIOD OF ONE YEAR FROM THE DATE OF CERTIFICATE OF OCCUPANCY; ZONED R-3 (LOW DENSITY MULTIPLE) AND C-4 (GENERAL COMMERCIAL) DISTRICTS. (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: Rev. Gibson, Mrs. Gordon, Mr. Plumper, Mr. Reboso and Mayor Ferre. NOES: None. Mayor Ferre: Let the record reflect that all commis- sioners have copies of this before them. 31 APR 2 51974 REQUEST TO CHANGE ZONING CLASSIFICATION LOT 33 ADEMAR PARK C7Y.5 w. 1Ni UNPLATT D AREA Mayor Ferre: 1 would like to quietly see by hands, the ob. jeCtora on item 10, the objectors. All right, now where are the proponents. Where are the applicants here at all on item 10? 1225 N.E. 83rd Street. Are the applicants to this here? Mr. Simpson: Mr. Mayor, I do not see them in the room. Mr. Plummer: You mean I went up there at 11 O'clock at night, ruined a Cadillac and they didn't show up? Mr. Simpson: And because I did not see them here I rechecked my file. We did send them a certified notice. It was mailed to them on 4/12/74 and I have the return slip here. The applicant in this particular case is a construction company. Mayor Ferre: T.R.A. Development. Mr. Plummer: I nave to deny. That means they cannot re- apply for a period of one year, is that right? Mr. Simpson: Right. The following motion was introduced by Mr. Plummer who Raved its adoption: MOTION NO. 74-316 A MOTION TO DENY THE REQUEST FOR CHANGING THE ZONING CLASSIFICATION FOR LOT 33, ADEMAR PARK AMID (7-57), AND UNPLATTED AREA EAST OF LOT 33 TO BULKHEAD, LOCATED AT APPROXIMATELY 1225 N.E. 83RD STREET, FROM R-1 (ONE FAMILY) TO R-3 (LOW DENSITY MULTIPLE). Upon being seconded by Mrs. Gordon the motion was pass- ed and adopted by the following vote- AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 11, ESTABLISH 6 MONTHS EXTENSION OF TEMPORARY REGULATIONS mum-DADE GOl1NTY GOVT.CENTER INTERIM ZONING DISTRICT NOTE: The mayor announced the commission was now ready to consider hearing of any objections to the proposed ordinance. Mr. Plummer: Mr. Mayor, I want to know from the Planning Department have all the property owners been notified? Mx. Acton: On what? Mr. Plumper: On Item 11. Downtown. Mr. Acton: Yes, sir. Mr. Plummer: All the property owners have been notified around the area and there were no objectors? 3. APR 251974 Mr. giMpsOnt This particular interim zoning district affect* the Shaded area and we notified everybody, all property owfarS in the area. Mr. Plummer: And there are no objectors? Mr. Simpsont That is correct. Thereupon the City Attorney read the ordinance by title. An ordinance entitled: AN ORDINANCE ESTABLISHING A MIAMI DADE COUNTY GOVERNMENT CENTER INTERIM ZONING DISTRICT AS PER ORDINANCE NO.6871, ARTICLE IV, SECTION 39, AND APPLYING SAID REGULATIONS TO THE AREA DE- FINED ON THE MAP, ATTACHED HERETO AND MADE A PART HEREOF, AND BY REPEALING ALL LAWS IN CON- FLICT HEREWITH; DISPENSING WITH THE REQUIRE- MENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE CITY COM- MISSION. was introduced by Mrs. Gordon 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: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mrs. Gordon , seconded by Reverend Gibson, adopted said ordinance by the following vote -AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8252 12, GRAPT FLOOR AREA BONUS OF .01 FOR 140' WIDTH ETC, J OTS 1, 2, 3, - N T GH LEYMAN' S SUB (1-184) NOTE: The City Attorney announced that each Commissioner had been furnished with a copy of the ordinance and that copies are available to the public. Mayor Ferre: All right, sir. Your name and address for the record. My name is Glen Goldberg. I'm an attorney at law with the law firm of Lions and Smith at 1230 N.W. 7th Street. Mr. Plummer: (Inaudible). Mayor Ferre: Yes. It was and we told them to go back and to restudy it and see if they could come back with a solution that would be acceptable to the Planning Department and we heard it in February sometime, as I recall. Mr. Plummer: (Inaudible). Mr. Goldberg: As you stated, Mr. Mayor, we were here approx- imately two or three months ago before the Commission when we were seeking setback variances and certain bonuses. 2it that time the commission recommended that we attempt to resolve our variance problems ourselves and then return with our re- quests for the bonuses which is exactly what we have done and we have, at this time we are before this Commission seeking 33 APR 251974 those bonuses for floor area bonuses of .01 for 140' of width of the building and a .25 bonus for having 50% of the parking in a!t enclosed area. These bonuses have been approvaa ed and recommended by the Urban Development, the Planning Department and the Review Board. Thereupon the Mayor announced that the Commission Wait now ready to consider hearing of any objections to the pro- posed resolution. NO OBJECTORS APPEARED. Mr. Plummer: (Inaudible) ,The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-317 A RESOLUTION APPROVING FLOOR AREA BONUSES AS LISTED IN ORDINANCE NO.6871, ARTICLE XI-2, SECTION 5 (2), (b) AND (d), GRANTING FLOOR AREA BONUSES OF .01 FOR 140 FEET OF LOT WIDTH, AND .25 FOR HAVING MORE THAN 50% OF THE RE- QUIRED PARKING IN AN ENCLOSED AREA, ALL IN A PROPOSED 9-STORY OFFICE BUILDING ON LOTS 1 AND 2 AND WEST 10 FEET OF LOT 3, HIGHLEY- MANS SUB (1-184); LOCATED AT 1395 BRICKELL AVENUE, ZONED R-CB (RESIDENCE OFFICE) DISTRICT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote- AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Raboso and Mayor Ferre. NOES: None. Reverend Gibson: Sir, I am sure you feel much better this morning that we aren't at bits with you rather than. you do- ing something that we think is in the best interest of the community plus that you can go home and feel that we aren't hostile. I make that observation because I remember the last presentation and you know, it just so happens that today it is you but I want the people to understand as they come here that we have the right to protect the public and that they should not take offense. You know? Mr. Goldberg: I understand, Father. Thank you very much. Reverend Gibson: Beautiful. I have a son about your age group and I know how most young people feel. Mr. Simpson: Mr. Mayor, I would suggest in this particular case that, you make reference in the resolution to the plans, the revised plans. There are three or four different sets of plans in conjunction with this project. Mrs. Gordon: The Plans as approved by the Department. Would that cover it? Mr. Simpson: With the date of 4/9/74 that carries the approv- al stamp of the Planning Department on it. Mayor Ferre: All right. Let those plans be part of the record and part of this resolution. 34 APR 251914 11 11 13. DISCUSSION ITEM: APPEARANCE OF GLEN GOLDBERGL ATTORNEY TO Apyist, DADE .COUNTY POLLUTION DEPARTMENT REFUSING TO HONOR BUILDINu Mr..Goldbergt One point that my client has asked me to brine up in front of the Commission is that a lot of investors and builders and contractors on this Brickell Avenue area have been running into a large amount of difficulty of late with the Dade County Pollution Control Department. It seems that Dade County after everything gets approved by the City of Miami, Dade County will come back later and say"We're sorry, your plans have been approved but we're not going to approve the pollution for the Dade County Pollution Control Department and it seems that a lot of millions of dollars have been eat- en up by investors based upon this. The mortgage committ- ments are expiring and they just asked me to bring this up in front of the Commission to make you aware of this point. Not so much on this particular project but on a lot of pro- jects in the Brickell Area. Mr. Plummer: What is the denial based on? Mayor Ferre: On the fact that we don't have a system that can take anymore.... Mr. Plummer: We don't have sewers in that area? Mayor Ferre: Yes. It isn't the sewers, it is the system at Virginia Key. What they come back and say is, sometimes that you can't put that up because the system doesn't have the cap- acity to take it. That's what he's talking about. Mr. Plummer: You know Mr. Mayor, I'm glad you brought that out. Let's get into another bag of worms. Wait a minute. Paul, now you keep these comments in mind because you've got a supplemental agenda the Water Contract. Now you know the people of the City of Miami built that Virginia Key. You keep that in mind. We built that Virginia Key and we're still paying for it even though we want to give it to the county. Through our courtesy we allowed 7 other communities to hook up to that thing and now you're telling me that the people of this City are being denied access to it? I'm not buying that. I'm not buying that, Mr. City Manager. You'd better get Garrett Sloan here this afternoon. Is my state- ment wrong? Mayor Ferre: It isn't Garrett Sloan you've got to get here. You've got to get the Dade County Pollution Office... Mr. Plummer: I'll tell you what. You let them come to me because that contract isn't signed. Mayor Ferre: As you know this thing is going to be coming to a head pretty soon. Mr. Plummer: How about this afternoon at 4 O'clock? The sooner the better. Mayor Ferre: How about when they have their attorneys and their people here. You remember $he presentation that was made here a month ago and we voted no on that or we said that we would not go along with that and I think this mattar has to be brought to a head pretty soon. Mr. Andrews: Mr. Mayor, that is the reason I have it on the agenda. I've got to discuss with the City Commission. you're 35 V APR 251974 • going to have to call for a special meeting. Mayor Ferret Is that a supplemental agenda? Mr. Andrews: Yes. Mr. plumper: tten 43. 1. I tell you, my friend, if you're faced with this problem you'd better be here this afternoon and listen to this and you'd batter call the rest of the people that are involved. Mayor Ferret I thought you said we were going to leave here before 4 O'clock. Mr. Plummer: I said you were going to leave, Mr. Mayor, so we could get something accomplished. Mr. Andrews: Mr. Mayor, Mr. Ferencik would like to explain the hook up procedures so there is no misunderstanding as to the right of these people to connect up. Mr. Ferencik: So far as I'm aware up to this point, nobody has been denied the right of access to the sewer system in the City of Miami. What happened is that a year or so ago there was a restriction placed on the hook up to the City, any sewer system in the state which wasn't treating up to 80%. The City's system doesn't quite meet those performance standards. Garrett Sloan went before the state board and he got permis- sion to continue hook ups to the City system pending certain work, certain improvements they were going to make to the City's system. We received an order about a week ago from the state,' from Collin Morrisey's Office, the Pollution Control Office which states that before anymore buildings can be hooked to the City's Sewer System they have to approve the hook up. Now so far as I'm aware of nobody has been denied this right of hook up at this point. Mayor Ferre: Do you know different? Mr. Goldberg: The situation that we're presented with is that we've received complete approval of all the City of Miami Departments and then we proceed to the Dade County Pollution Control Department and they refused to approve the permit. Mrs, Gordon: They did? Mr. Goldberg: That's what my client just informed me. Mr. Ferencik: They refused to let you hook to the sewer system? Conceivably there could be portions of the City system that are over taxed or over loaded... Mr. Goldberg: We have all the signatures from the City of Miami. He went to the Dade County Pollution Control, they wouldn't sign it and would not affirm the permit. Mr. Plummer: I tell you what, you be here this afternoon because I'm just ready to tell Metropolitan Dade County that they lost a Water Department. It just so happens that me, a taxpayer in the City of Miami paid for that Water Department, I'm still paying for that Water Department. I'm paying 129% over what people in the County are paying to use my Water Department. I'm going to tell you what is going to happen this afternoon, my friend. If they don't came down here and defend their position I'm going to make the motion this 36 APR 251974 afternoon as far as I'm concerned that no additional hook Up* be taade if they deny the firet permit in the City of Miami. Now that's what 1'tn ready to move. Mr. Goldberg: Do you have any idea of what time they will be here this afternoon? Mr. Andrews: They were not scheduled to be here this after- noon. I have this on the agenda.... Mayor Ferre: We're going to have to have a Special fleeting on this. This is a very complicated subject. Mr. Andrews: Establish a special meeting date with the board and everyone get together. Mr. Plummer: Mr. Mayor, I tell you something, it isn't com- plicated to me. when you take the people of this City who provided facility to be denied the use of it. Mayor Ferre: I can't disagree with that, JL but this is! not something that we're going to do in 5 minutes by passing a resolution. This is a very very serious and very important subject. We're going to be having a special meeting anyway on May 30th. Mr. Plummer: I agree. Mr. Mayor, as I recall, why did we say there was nothing else scheduled? Mr. Andrews: That's in the morning, Booz-Allen. Mayor Ferre: I have no objections to your passing your resolution and discussing it but I don't think it can be done in a five minute period of time. even though I sympa- thize and agree with your position as you know. Mr. Plummer: Let me tell you something else that bothers me, Mr. Mayor. You know, how long ago, Mr. Andrews, did we give that Water Department transfer? How long ago has it been? Mr. Andrews: Approximately a year. Mr. Plummer: You know, Metropolitan Dade County has a fantas- tic way of saying "Thank you, we owe you." Now they came be- fore this Commission and they said "Ok, transfer it and we will work out the mechanics." Now here we are a year later and they still aren't worked out. Mayor Ferre: As you know the Chase Manhattan Bank or the Banker's Trust or whoever it was asked for certain things which we have refused to do. So this is an item that is go- ing to be fully discussed before this Commission and before this Community and I think that will be the opportunity for you and me and for all of us to bring all of these matters up for discussion. Mr. Plummer: I'll tell you what I want right now and you tell me whether I've got to have a motion. I want my Public Works Department to get me facts and figures. Ok? And those facts and figures, if I am told correctly, that because the City of North Miami doesn't want the sludge in the Cii-v of North Miami, they're proposing to build a $16,000,000 trans- mission line down Biscayne Bay or down the Boulevard just to get it down to Miami. I want some facts and figures of what that transmission line and an on -site plant will cost. 37 APR 251974 Mr. Andrews: There is information with alternate routes and the coot and so forth available. Mr. Plummer: Mere is the information? Mr. Andrews: We can supply it to you. Mr. Plummer: 1 want it, 1 think it is important. Mayor Perre: All right, anything else? Mr. Plummer: I think somebody should explain to the Water and Sewer Department this is coming under discussion this afternoon. Mayor Perre: Would you get Garrett Sloan, Mr. Andrews? But we're not going to settle it. In my opinion it is a long complicated matter that is going to take two or three hours of discussion. All right. Thank you very much. 38 n APR 251974 a 14, ACCEPT COMPLETED WORK- VIRGINIA GROVE HIGHWAY IMPROVEMENT N The Mayor announced the Commission was now ready to consider hearing of any objections to the proposed improvement. No objectors appeared. The following resolution was introducAa by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-318 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF VIRGINIA GROVE HIGHWAY IMPROVEMENT DISTRICT H-4358 AT A TOTAL COST OF $94,272.23, AND AUTHOR- IZING A FINAL PAYMENT OF $30,570.55, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Vice -Mayor Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 15, AMEND ORD, 6871-PARAGRAPH 6, SECTION 1, ARTICLE V. TO PERMIT AS CONDITIONAL USE- HOME OCCUPATIONS EMPLOYING NOT moRE TUAN ONE PERSON An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW SUB -PARAGRAPH (1) TO PARAGRAPH (6), SECTION 1, ARTICLE V, TO PERMIT AS A CONDITIONAL USE HOME OCCUPATIONS EMPLOY- ING NOT MORE THAN ONE (1) PERSON OTHER THAN THE OCCUPANT OF THE DWELLING UNIT; REQUIRING APPROPRIATE ON SITE PARKING FOR BOTH THE OC- CUPANTS OF'THE STRUCTUR$ AND taitAID EMPLOY- EE IN ADDITION TO MEETING THE OTHER REQUIRE- MENTS SET FORTH IN SECTION 1 (8) OF THIS ART- ICLE; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. was passed on its first reading by title at the meeting of March 28, 1974, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES,: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8253. 3a APR 251974 16, REPEALING SECTIONS WHEREIN MUNICIPAL COURT RULES ARE ESTABLISHED FROM _TNI ..G1TLCO� __s . An ordinance entitled: AN ORDINANCE REPEALING SECTIONS 35-1, 35-2, 35-3, 35-4, 35-5, 35-6, 35-7, 35-8, 35-9, 35-10 OF THE CODE OF THE CITY OF MIAMI WHEREIN MUNICIPAL COURT RULES ARE ESTABLISHED; PROVID- ING FOR THEIR DELETION FROM THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. passed on its first reading by title at the meeting of March 28, 1974, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the follow- ing vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8254 17, ACCEPT PLAT - VIZCAYA NORTH The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-319 A RESOLUTION ACCEPTING THE PLAT ENTITLED VIZCAYA NORTH, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AU- THORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. - Absent on- roll caul ; Mr . Plummer: - 18. ACCEPT PLAT - SILVERSTEIN SUBDIVISION The following resolution was introduced by Vice -Mayor Reboso who moved its adoption: RESOLUTION NO. 74-320 A RESOLUTION ACCEPTING THE PLAT ENTITLED THE SILVERSTEIN SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DED- ICATIONS SWAN ON SAID PLAT; AND ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING THE 40 APR PS 1474 IMMEDIATE CONSTRUCTION OF PULL WIDTH ASPHALTIC CONCRETE PAVEMENT, STANDARD CURB AND GUTTER, AND STORM DRAINAGE STRUCTURES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Reboso, Mr. Plummer and Mayor Ferre. NOES: None. 19, ACCEPT COMPLETED WORK- BUILDING DOOR & WINDOW REPLACEMENI FOR CITY PARKS 197 The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-321 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HENRY DeGRAFF & SON, INC., AT A TOTAL COST OF $31,067 AND AUTHORIZING A FINAL PAYMENT OF $4,627.70 FOR THE CITY PARKS BUILDINGS DOOR AND WINDOW REPLACEMENT - 1973, 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 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. 20, ACCEPT COMPLETED WORK - DEMOLITION & SALVAGE 1974 OF THE rACONUT GRAVE INCINERATOR The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-322 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC., AT A TOTAL COST OF $19,490 AND AUTHORIZ- ING A FINAL PAYMENT OF $1,949 FOR THE COCONUT GROVE INCINERATOR - DEMOLITION & SALVAGE - 1974, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. . 41 APR 2 51974 (Here follow 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 Terre. NOES: None. 21, ACCEPT COMPLETED WORK - N,E, 10 STREET STORM AND SANITARY OUTFALL RELj CAT I Oit The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION N0. 74-323 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY CLIFTON LIGHTSEY, INC. FOR N.E. 10 STREET - STORM AND SANITARY OUTFALL RELOCATION AT A TOTAL COST OF $149,396.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO MAKE A FINAL PAYMENT OF $26,864.60, 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 22, ACCEPT COMPLETED WORK - BUILDINGS DEMOLITION- DOWNTOWN GOVERNMENT CENTER - TOTAL COST P30,500 AND AUTHORIZE FINAL PAYMENT $3,050 Mr. Plummer: First of all let's have a discussion as to the double asterisk. What are you trying to tell us, Mr. City Manager? Mr. Andrews: The double asterisk means that that doesn't re- present the title of the resolution that's a summary. Mr. Plummer: It says here "Discussion concerning the awarding of a new contract". What is the new contract? Mr. Andrews: Yes. The new contract was a bid item under the old contract that was not awarded and he was the low overall bidder at the time that we awarded the original contract. Mr. Plummer: You so recommend? ,Mr. Andrews: Yes. The following resolution was introduced by Mr. F2rmmer who moved its adoption: RESOLUTION NO. 74-324 A RESOLUTION ACCEPTING THE COMPLETED WORK 42 APR ? F 9o7,4 PERFORMED BY BEN HURWITZ, INC., AT A TOTAL COST OF $3.0,500, FOR THE DOWNTOWN GOVERNMENT CENTER BUILDINGS DEMOLITION - 1973 PHASE II; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO MAKE A FINAL PAYMENT OF S3,050 TO BEN HURWXTZ, INC. FOR THE DOWNTOWN GOVERNMENT CENTER - BUILDINGS DEMOLITION - 1973 - PHASE II, 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 Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 23, DISCONTINUE DEPARTMENT OF YACHT DOCKS AND CREATE NEW DEPARTMENT TO BE KNOWN AS: THE DEPARTMENT OF PUBLIC FACILITIES Mr. Plummer: Mr. Mayor, on this item let me give you a little bit of background and it is also in your book. Mr. Mayor, I am all in accordance with the City Manager for the trying of new things for the betterment of the city and providing better service. .At this time I had some other thoughts that maybe some other things should be included but the City Manager has asked that we wait until budget time. Let me tell you in this particular case why I have no objections to trying something new as proposed that this is an ordinance, not a Charter change. Based on it being an ordinance with the wis- dom of this Commission and a review in 6 months, if this thing is not working out properly by the same set of circumstances this Commission can reverse itself and dissolve it. Mr. Mayor, I think this is a very fine thing, I think it is something that is in fact a department and should be unto itself. I will have further feelings as to whether, what else I feel Should be added to this at budget time. An ordinance entitled: AN ORDINANCE DISCONTINUING THE DEPARTMENT OF YACHT DOCKS; CREATING A NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF PUBLIC FACILITIES; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR OF SAID NEW DEPARTMENT BY THE CITY MANAGER; PROVIDING FOR THE INCLUSION OF PRESENT AND FUTURE PUBLIC FACILITIES IN THE NEW DEPARTMENT; PROVIDING FOR THE OPERATION OF SAID DEPARTMENT AND PRESCRIBING THE FUNCTIONS AND DUTIES THERE- OF; PROVIDING FOR A SEVERABILITY CLAUSE; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. was introduced by Mr. Plummer, seconded by Reverend Gibson 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. On roll call: Mayor Ferre: You know, I want to point out, JL, that I agree 43 APR 251974 with you that this is an ordinance that we can reverse but once these things are established it is hard to go back on thy. Mr. Plummer: No, sir. It is not. In this particular case, and I have researched that, and the research shows you that it is the inCorporatinq of the Yachts and Docks Department which presently exists, so I don't think it is too hard. Mayor Perre: I understand, and we can reverse anything like that but once you start on these things unless you keep your eye very closely on them, but I'm sure that the Manager is very aware of your feelings and I'm sure this will be brought up again. Mr. Plummer: I would like to ask the manager if you have any one in mind for this? Mr. Andrews: Yes, sir. Would you like me to make that an- nouncement now? Mayor Ferre: You may as well. Mr. Andrews: It is going to be Mr. Robert Jennings, the existing director of the yacht docks who will be responsi- ble for this department. Mayor Ferre: Any further questions? I read it by title all the way through. Mr. Southern: Yes, and we've called the roll on that. 24, AMEND APPROPRIATION YOORDINDANNCEEg8T190T-yTTRANSFER FUNDS ($3,200) V TDlflC MDEPARcMENTHoPEF�ATIh1G°Bl�DGET FOR FISCAL 1973-4 An ordinance entitled: AN ORDINANCE AMENDING ORDINI,►NCE NO. 8190 (THE APPROPRIATION ORDINANCE FOR THE 1973-74 BUDGET) AND ACCOMPLISHING A TRANSFER OF FUNDS IN THE AMOUNT OF $3,200 FROM THE FUND BALANCE OF THE DEPARTMENT OF YACHT DOCKS TO THE YACHT DOCKS DEPARTMENT OPERATING BUDGET FOR FISCAL YEAR 1973-74. was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mr. Lloyd: Let the record reflect that this ordinance and the preceeding past ordinance, that the Commissioners have copies of all these ordinances and that copies are available for the public. 25. APPROVE EXTENSION OF EMPLOYMENT- HOZIE RUSSELL, PAST AGE 70 Mayor Ferre: This is about the third one of these that I've seen of these, Paul. Mr. Plummer: What, on 29? 44 APR251974 Mayor Ferret No, of people that are Of age 70 or... Mr. Andrews: The Manager does not recommend this. Mayor Ferret I understand this but I'm just saying that I would like to see, so that I get an idea of how many people are involved, how many people we have in this category because This is the third one that I've voted on so far. Mr. Plummer: I think you can pretty well figure, Mr. Mayor, there is about a dozen. There is about one a month. Mayor Ferre: I would like to see the list and I would like to see where they're working and all of that. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-325 A RESOLUTION APPROVING A ONE YEAR EXTENTION OF EMPLOYMENT PAST THE AGE OF SEVENTY(70) FOR HOZIE RUSSELL, GROUNDSMAN, PARKS DIVISION, PARKS AND RECREATION DEPARTMENT, EFFECTIVE APRIL 15, 1974 TO APRIL 15, 1975, WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, HOZIE RUSSELL, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 26, APPOINTMENTS TO THE YOUTH ADVISORY BOARD: ALEC STEPHENS JOY BELLAMY The following motion was introduced by Reverend Gibson who moved its adoption: MOTION NO. 74-326 A MOTION DESIGNATING ALEC STEPHENS AND JOY BELLAMY AS COMMISSIONER GIBSON'S APPOINTMENTS TO THE YOUTH ADVISORY BOARD. Upon being seconded by Mrs. Gordon the motion was pass- ed and adopted by the following vote. AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 27, DISCUSSION OF PROPOSED RESOLUTION-MIAMI-SUMMER TEEN EMPLOYMENT PROGRAM Mr. Plummer: I want to know from the City Manawr why the City of Miami has to join in and be a subcontractor under Metro, why can't we appeal direct? Don't you have a man in your office now that's a part of manpower? Mr. Andrews: Yes. Ammor 45 APR 251974 Mr. Plu mer: Well why are we going through the county? Why Can't we stand on our own? Mr. Andrews: We entered into, we are standing on our own. We're in a stronger position than we ever have been. Mr. Plummer: It says here a subcontract. That doesn't tell me we're standing on our own. Mr. Andrews: This is the summer teen program that we're talking about. Mr. Plummer: It says here a subcontract with Metro Dade County. Now that doesn't tell me that we're standing on our own. Is this to the manpower planning council? Mr. Andrews: Yes, and we're part of a three party unit in that, Hialeah, Metropolitan Dade County and the City of Miami. Mayor Ferre: As I remember this is over 50 kids that we're going to get. Mr. Andrews: It is much more than that. Mr. Plummer: (inaudible) Mr. Andrews: No, not in that standpoint but this is a better way to carry out this kind of program, as a subcontractor because this has to be done through the planning council. You can't carry out a direct... Mr. Plummer: Fine, why can't this City .... Mr. Andrews: Well we will be, we will be employing them, we will be carrying out all of the provisions of the contract and everything but you have to handle it this way inorder to get the funds to operate under the Planning Council. Inaudible comments. Mr. Andrews: .... They're,.:. but that's the intent. Mr. Plummer: You know my feelings? Mr. Andrews: Yes, sir. We're administering and carrying out the contract but it is constructed in such a way that the funds flow to Metropolitan Dade County through the Plan- ning Council and we're part and principle of that Planning Council. Mayor Ferre: And I would like Miami has had this program for the most successful' program in 500 kids that are involved and to point out that the City of many many years, it has been our community. We've got over very successfully. Mr. Plummer: Mr. Mayor, I think it is great but I don't think that the City of Miami has to go through a middleman. It's just like with the LEER grants. The county has now put a man in to be the coordinator. The county says "City come with me, I'll help you". Like the devil: City go your own route and make application. You know Mr. Mayor, I don't want:to open another bag of worma but wait until you see this proposal that the county is making on cable television. They've got no right to come into cable television and they're taking the prerogative of being the exclusive franchise to knock us out of our fee. Now wait until that one comes up 46 APR 9 �a� before you. Ask Mr. Lloyd. Tell them about the cable TV thing that Metro is trying to do. They're trying to come in, Mr. Mayor and get a fee out of the thing and tell us what we can do and the thing doesn't even provide for it. Mr. Lloyds Actually, it was established at the meeting that Dade County intended to preempt the right of all of the cities in the county to have anything at all to do with cable tele- vision and establish their own fees schedule and their own regulations and not allow the cities to do anything. Mr. Plummer: And they've got no right to do it. They're using our streets, our facilities. All I'm saying, Mr. Mayor, I don't know the structure of the Teen program but I know that this is a big city and we've got to be big boys. Mayor Ferre: All right, let's defer this item. Mr. Plummer: No, I don't want it deferred because it's a great program. I'm making my thoughts known to the Manager that the next time that he comes back here with a subcontract I'm going to really let him know that I don't like it. More so than I let him know today. Mr. Andrews: But the whole system .is constructed that way. We're the principle contractor under a subcontractito the manpower. Well we're the principle operator. We operate the whole program. Mayor Ferre: Well why should we be subcontracted? Mr. Andrews: Because we entered into a consortium with two others which is Hialeah, because we're the ones that are qual- ified, Hialeah, Metropolitan Dade County and the City of Miami are qualified to receive manpower funds. Mayor Ferre: But this isn't eventually mean that we're going to get cut out of it? Mr. Andrews: No, sir. In fact, this has elevated the city and the City Manager in particular to a new position in which we have direct control and responsibility for Manpower funds, not in the City of Miami but all of Dade County. Mr. Reboso: JL, did you mention a coordinator in the LEER program? Mr. Plummer: I'm talking about under LEEA Funds, Metropolitan Dade County has now appointed a man under Ray Goode to co- ordinate through the state all funds. No longer do they say city of Miami go to Tallahassee and put in your requisition. No. They are now saying City of Miami come to big brother and we'll put in your application. You know what happens to those kind of deals? Big brother gets a big piece of the pie. Mrs. Gordon: shouldn't it Mr. Andrews: from "sub". Mr. Andrews, for the terminology of subcontract, have been joint? I'm going to explore this so that we get away Mrs. Gordon: I think that is where the problem lies it the terminology. Mr. Plummer: Rose, moreso is what I want to know is why the City of Miami is not dealing direct with the manpower planning 47 APR 2 51974 Council. instead of with Metro. That's all I'm saying. Mrs. Gordon: Well in a joint contract apparently the join- ing gives more strength to all of the units, Mr. Andrews: In order for us to be completely on our own which we had a choice to do, would have meant that we would have had to establish a complete organization, the equivalent of Dade County and spend all of those administrative costs. Mr. Plummer: Why doesn't it say subcontract jointly with Metropolitan... Mr. Andrews: That's saying. The wording perhaps is not... Mayor Ferre: Just add the word joint subcontractor. Can you do that as amended then? Is there a motion on 32 as amended, adding the word joint? Mrs. Gordon: Where is that going to be added? You still have to include "sub"? You just can't say joint contract? Mr. Andrews: Well, we'll get around that and find a better approach to it on the next one. Mayor Ferre: You see, our concern is not one of terminology... Mr. Plummer: Mr. Mayor, I have made my point. I'll approve it as is but let me tell you something, I'm putting the City Manager on notice that I'm not happy with it...(inaudible) Mrs. Gordon: Jl, he's not saying that he has to have it in this terminology if it is objectionable to you. He's saying that he can accomplish the same thing in other words. Mayor Ferre: Paul, why don't you look into it and we'll come to it this afternoon. We'll hold off on 32 until this afternoon. NOTE: The City of Miami Commission recessed from 11:41 until 11:46. 28, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION ETc, (a) Proclamation of BIG BROTHER -BIG SISTER APPRECIATION WEEK. (b) Proclamation of the month of May as CLEAN UP, PAINT UP, FIX UP MONTH, presented to members of the City of Miami Committee on Beautification and Ecology. (c) Presentation of plaque to Herbert E. Bachelor, Chief Photographer, Department of Publicity and Tourism, upon his retirement after 21 years of service with the City. (d) Presentation of Plaque to Laura Lee Porter, Department of Public Works, upon her retirement after more than 26 years of service with the City. (e) Proclamation of the week of April 28-May 4, 1974E as NATIONAL HOME ECONOMICS WEEK. (f) Presentation of UNITED FARM WORKERS AFL-CIO DAY proclam- ation to Juanita Brown. (g) Proclamation of B'NAI B'RITH YOUTH ORGANIZATION DAY. 48 APR 25 r74 (h) Peradfta1 appearance of Miss Stephanie Sue Patterson, Mien Miami, 1974. LUNc'i.:RECESS: The Commission recessed at 12:00 and recon- veined at 2:03 P.M. with the following mem-. bets present: Commissioner Plummer Commissioner Gibson Commissioner Gordon 1' EYVERS I ON- RESOLUTION ON ALAKI-SUMMER TEEN EMPLOYMENT PRf rm The -following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-327 A RESOLUTION RATIFYING THE AUTHORITY OF THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES TO IMPLEMENT A MIAMI-SUMMER TEEN EMPLOYMENT PROGRAM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote. AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. Absent: Mayor Ferre and Vice -Mayor Reboso. 30, AMEND RES, 74-238 ADDITIONAL DATES FOR USE OF BAYFRONT PARK AUDITORIUM BY DADE COUNTY SCHOOLS MUSIC DEPARTMENT Mr. Andrews: The City Commission raised the question as to why it was necessary to use the Bayfront Park Auditorium since it is the Dade County School System and why don't they use the county facility. The answer is that they are able to set up 6 to 8 bands at one time with one band playing and the other bands could listen to the music. It's that kind of an activity. Reverend Gibson: All right, sir. I think the Mayor was the one that raised that question. Mr. Plummer: No, I raised the question. They answered it pretty much so but I must say that I'm still not happy with it. For example, last night out at the Dade County in their own facility, while they were using City facilities, they were collecting revenue out of the renting of Dade County Auditorium. Now they keep telling us how beautiful our auditorium is downtown for nothing bud they don't tell_ us how good their Dade County Auditorium is. So I'm saying in the future is don't come and ask us to waive our rental when they're not doing the same. 4 APR 25 7974 Reverend Gibson: i'L, the ottly danger of that is What do we do about our Children? Mr, Plununers It'e not a matter of our children. Most of theme things are not for children. These are for seminars and things of that nature. The following resolution was introduced by Father Gib- son Who moved its adoption: RESOLUTION NO. 74-328 A RESOLUTION AMENDING RESOLUTION NO. 74-238, WHICH GRANTED A 50% REDUCTION IN THE RENTAL FEE FOR THE USE OF THE BAYFRONT PARK AUDITOR- IUM BY THE DADE COUNTY SCHOOLS' MUSIC DEPART- MENT ON APRIL 22-23, MAY 15-16 anc MAY 20-23, 1974 INCLUSIVE, BY INCLUDING THEREIN THE ADD- ITIONAL DATES OF MAY 13-14, 1974. (Here follows body of resolution, omitted here and on' file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. 31, AUTHORIZE DIRECTOR OF FINANCE TO ACCEPT SETTLEMENT CITY OF MIAMI_ VS . , . F IDELLI4A S, 1)EL-T0p2Q Mr. Plummer: This is another one of those cases where the City is getting the short end of the stick. I'm not making fun. The point very simply is that I read in your back up that this accident is worth $130 some dollars to the City. They've offered to settle it for 62 so we're taking a shel- lacking for $62, is that right? Mr. Lloyd: No. Because in each of these cases where we agree to take something left, there is a contest as to lia- bility, so where there is a contest as to liability, (1) it is better to accept a reasonable settlement than it is to contest for $126.00. In addition, in this type of case, liability or otherwise, inspite of the fact that if we would win we would get "court costs". The court costs would be about $7. It will cost us in time, effort and labor to file the suit for $126 more than the $63.24, in addition we would get. So they know that and we do the.same thing in our neg- otiations. You'd better believe that one too. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-329 A RESOLUTION AUTHORIZING THE DIRECTOR 0' FINANCE TO ACCEPT THE SUM OF $63.24 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THi: CITY OF MIAMI VERSUS MRS, FIDELINA S. DEL- TORO; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EX- ECUTE A RELEASE RELEASING MRS, FIDELINA S. 5u APR 251974 DEtE.TORO PROM ANY AND ALL CLAIMS AND DEMANDS AR1SXIO OUT OP tEE ACCIDENT INVOLVED IN THE ABOV CLAIM diftinurom Caere follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was parsed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer. NOES: NONE. ABSENT: Mayor Ferre. NOTE: Vice -Mayor Reboso entered the meeting at 2:10 P.M. 32, AND SECTION 30-28 OF THE CITY CODE RCF.- FRS dF �TROLQ�,$,j NOTE: Vice -Mayor Reboso assumes the chair. An ordinance entitled: AN ORDINANCE AMENDING 30-28 OF THE CITY CODE ENTITLED "GENERALLY" REDUCING THE FEE OF ASTROLOGIST TO $424. was introduced by Reverend Gibson, seconded by Mr. Plummer and passed on its first reading by title by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mr. Reboso. NOES: none. ABSENT: Mayor Ferre. 33, AMERIC N LEGIONESUMi ERIBASEE�L_SOG ADIMjM MAY THRU AUG, 1974 Mr. Plummer: there, that's You've got no Mr. Andrews: no conflicts. Paul, the only thing I was wanting to question a long period of time from May until August. problems there? No, and it is on the basis that there will be The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-330 A RESOLUTION GRANTING THE REQUEST OF THE TENTH DISTRICT AMERICAN LEGION FOR THE WAIVING OF THE RENTAL FEE AT THE MIAMI BASEBALL STADIUM FOR THE AMERICAN LEGION SUMMER BASEBALL PROGRAM FROM MAY THROUGH AUGUST, 1974 FOR GAMES TO BE PLAYED ON DATES WHEN THE STADIUM IS NOT BEING USED, SUBJECT TO PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. Caere follows body of resolution, omitted here and on file in the City Clerk's Office) 51 Upon being seconded by Mt. Plummer the resolution was passed and adopted by the following vote'AEst M. Plummer, Rev, Gibson: Mrs. Gordon and Vioe4Mayor Reboso. NONS: None: ABBBLITt Mayor Perre. 34, APPOINT .MRS, NAZEL BROWN AND MR, TONY WILCOX To BOARD or TRUSTEES M v .ST_EM_ AND PLAN ,,�... ..� Mrs. Gordon: (Inaudible) Mr. Plummer: By resolution, we did it by motion. It has to be done by resolution. Mrs. Gordon: (Inaudible) Mt. Plummer: No. Mrs.:,Gordon: (Inaudible) Mr. Plummer: Well to answer the question Rose,.... Mrs.,Gordon: I want to tell Mr. Lloyd this. Because this is only indicative of other things that have been annoying me. We make a motion and we think we've done something and then we find out we haven't done a thing. Mr. Lloyd: Just a moment. This is not the fault of the Law Department, this is the fault of this. Commission doing things precipitously and of this Commission with the exception of routine procedure of items can only act by resolution and ordinance and if something comes up which suddenly is passed on motion, we have to prepare a resolution to make it legal. If we did not have proper notice we cannot have the resolut- ion prepared in time. Mrs. Gordon: You know, if this is done at the time of the same day, we should then have a tally sheet or somebody carry one and say these motions were passed today, these resolutions need to be passed today because I don't. believe we should carry this over for weeks on end. I don't believe it should be done that way. Mr. Lloyd: Some of these come right at the very end of the day... Mrs. Gordon: Some don't. Mr. Lloyd: Some don't and all cases, Mrs. Gordon, where they've come early enough in the day we get the resolutions back to you. Now there have been several occasions where we've had the resolutions prepared and ready to pass out and the Com- mission has gone before we even have a chance to pass them out. Mrs. Gordon: Right. I agree that sometimes it's our fault and we do it late, and we don't have time but I know for a fact'there are other times like the time when we passed on the first building for the day-care. I didn't even realize that we hadn't done it by resolution at that particular time. Mr. Lloyd: If there isn't a resolution in your book ar.d if you suddenly make a motion where we're not prepared to have a resolution, there will not be a resolution there. Th,4t's why on many occasions, all occasions where I can do it, I 52 APR 251974 Say your action Should not be a motion to pass this, it should be a notion instructing the City Attorney to prepare a reset.. lUtion. Mrs. Gordon: Then I'm just simply saying this. I'm not reprimanding. you. I'm Simply saying that there needs to be a better procedure followed so that we can understand which of the items have to be passed again by resolution and a tally kept and at the end of the day and if we can't get a resolut- ion at least we know we didn't do it by resolution. Mr. Lloyd: We can do it and we need the cooperation of this Commission to help us too. Mrs. Gordon: We'11 be glad to cooperate with you but will your department be able to handle it or does the Clerk have to handle it? Somebody has to do it. Mr. Lloyd: No. It will have to be a cooperation of all three. We can do it. Mrs. Gordon: All right, before the day is over I would like to be informed, Commissioners and Mayor, these items were passed by motion but not by resolution. Is it your choice to do it, complete it today or do you want to carry it over. At least then we have a choice. Ok? Mr. Lloyd: Well, it isn't so much a question of choice as a question as to whether or not we can get them ready so that you can do it. Mrs. Gordon: Well then you say we can't get them ready today at least we know we didn't do it because you couldn't get it ready. Ok? Mr. Plummer: Let me ask this question. Does the City Attor- ney have the same prerogative as the Commission in invoking the rule? Mr. Lloyd: No. Mr. Plummer: You see, that's the problem Rose. I can't put John down because I have watched Metro the way they operate and even though I don't like to copy anything they do, they do in advance many, many of the times or most of the times call the City Attorney and say in advance and say now I am going to bring up something and I want you to prepare an ordinance for the Commission meeting day. Then it is already in the book and everybody knows what everybody else is do- ing and I think that we ought to give some thought to that that if we want to introduce a resolution before the Commis- sion on a Commission day that we try, if any way possible to notify the City Attorney in advance so that he can have it prepared. Mrs. Gordon: JL, Hazel Brown was appointed in February. Now we're in April. Mr. Plummer: You're right. If you want my honest opinion, Hazel Brown has already been done. It's Tony Wilcox who is still dragging. Mr. Lloyd: Well here is another thing that while we're dis- cussing this. Here's item #30 "Designation of Alec sr.-phens and Joy Bellamy as Commissioner Gibsan's appointments to the 53 APR 2 5'197 4 Youth Advisory Board." Now we were instructed before, we understood that we were to get all of these at once and make one resolution appointing all of then. :This ,is the first I have heard of this one. Now there is no resolution of Item 30.',We're going to have to prepare a resolution today doing that. Mrs. Gordon: What you're saying John is what I'm saying. What, you're saying is now, Father Gibson and I and all of us know that we need to do something today, or next week or whatever. At least we know it isn't complete. Mr. Lloyd: I have been saying that everytime there has been a motion where you need a resolution, please make a resolution instructing the City Attorney. Mrs. Gordon: You're not following me and I'm not charging you with the responsibility. I'm simply saying somebody has to have the responsibility of keeping a tally. Mr. Lloyd: Well it is my responsibility and I'll do it. Mr. Plummer: I think what she's saying and maybe will clear up if you'll do this. After the morning after each meeting, if you would so notify each of us by memo that the following motions were made but at the next meeting the following reso- lutions must be passed to ratify the motions. Then we can know as Commissioners which was official action and what was intent. Mr. Lloyd: This I can do. The thing of it is, we can direct that to the Clerk. I am happy to send the memo but I need to get from the Clerk the list of things that were passed by motions so that I can see which ones require resolutions which I do. Mr. Southern: We do that automatically but perhaps you don't get it until two or three days later because it has to go through the mail and so forth but we do that automatically the following day. Mrs. Gordon: What I would like to suggest then, to the Clerk is that sometime before the termination of that day's agenda at least an hour, or an hour and a half or two before that we be given a talley that these notions were made no resolutions yet have been prepared or whatever and then we ask the law Department. I have seen them.whip these things out in two seconds flat so you can't tell me it takes a long time to pre- pare something like this because it doesn't. I just want somebody to be responsible. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-331 A RESOLUTION APPOINTING AND ELECTING MRS. HAZEL BROWN AND MR. TONY WILCOX %, AS MEMBERS OF THE BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES' RETIRE- MENT SYSTEM AND PLAN. (Here follows body of resolution, omitted here ar.c, on file in the City Clerk's Office) Upon being seconded jay Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. lummer, 54 Mr. Reboso, Rev.Gibson and Mayor Fer. r_ e. NOES : v�.►lPP APR 2, 5 1974 • 35, MINAI1LTEMESION OF CORE AREA PLANNING WITHIN THE CITY Mayor Ferre: Let me preface Mr. Hollo's remarks by saying that Mr. Rollo is here because in a telephone conversation that he and I had, I guess it has been a week or a week and a half, maybe two weeks. He told me about, I asked him what had happened on Brickell Avenue and he explained to me what the end result was. As he was talking it struck me that this is a pattern that we follow too often in Dade County and in Miami and we hear criticism about variances and about the problems in government that we have when we give zoning var- iances and all of these changes. We get a lot of criticism on that and you know, and I guess it is a brave thing to come out and say because it is probably contrary to a lot of these critics of ours and would be subject to more criticism. But, there are so many times in this City of Miami where we don't take advantage of someone who has the guts to come up and say "I'm going to give you a better product or a quality product or I'm going to improve and you're going to have to change a little bit." and don't you see that the structure of what we have sometimes becomes so rigid that we don't permit ourselves the luxury which is to the benefit of the people of mitigat- ing or understanding the needs as presented by developers, owners or builders. I have recited these cases before but Ted, before you say anything I want to recite these two cir- cumstances. One is the project here on V.S. 1 which was pre- sented to this Commission, I don't think any of you were serv- ing on it. I was three or four years ago by Daniel Perez. He brought to this Commission a single building with an aw- ful lot more green space and it would have been a much better project and the neighbors came here and we were all kind of worried about it and you know how these things happen and I voted against it myself, so I am just as responsible as any body else. I'm talking about the one on U.S. 1 around 17th. Mrs. Gordon: Where they put the condominiums up? Mayor Ferre: They put up a whole bunch of little white boxes, all back to back, fifteen feet from each other. Mrs. Gordon: Yes, and it would have been an office building.. Mayor Ferre: No, it would have been an apartment house with one building. What I'm trying to say is it was about 10 or 11 stories. With that'particular building what the developer offered us was so much better than what we got and yet the neighbors objected to it, the Commission got concerned about it. The man went, and he followed the law. He didn't ask for one variance and we have, and with all due respects to the people who bought those condominiums, we got a second rate operation there when we could have had a first rate build- ing. Now that's one time that comes to mind. Now the other day, fortunately, we had before us, Mr. Antoniadis and as you remember what he was asking for was a very reasonable thing because he wanted to go a little bit higher and then the ar- chitect was going to put up an office building and iiwas go- ing to put his house, or his residence on top. You know he had this triangle showing us what we would have gotten or what he could do. If we had forced that man to go back tc the drawing board to put up the building within the regulations, we would have ended up with a completely second rate building. Here is a case where I think we in the Commission saw tnt 55 APR 251974 and we went ahead and I think what we will end up with is a Much'better project than what could have been done there. When Tibor Hollo was talking to me it occured to me that it was So important, what he had to say that he ought to share it with the Commission because here was an opportunity for that area to get a restaurant which it very much needs and we went around with all good reason, there's no question that our reasoning and our logic, there was logic behind it. We wanted to make double sure that the parking. In the mean- time what the developer did, is he went and he found another use for it which is more beneficial and more economic to him and we don't have a restaurant now. I just wanted him to come here and express that personally and share his thoughts with the Commission. Mr. Tibor Hollo: Thank you Mayor Ferre and honorable Commis- sion. I am not here before you asking for anything. I am very honored to be here and say a few words. I would like to you all day long but it you could grant me about 15 minutes I would like to acquaint you with my philosophy and also give you also some constructive criticism to insure a possible better Miami. I have lectured on some of these items previously. The Urban Land Institute had this speech delivered to them part of the lecture series were delivered twice in Miami, the sec- ond time at the University of Miami under the very capable heading of Commissioner Gordon. It went to the ways and means committee as well. It was about, really, trying to defend our suburbia and our vast massacred greens and pastures. Just as an introduction, we are urbanizing annually in the United States, roughly 16 to 1,700,000 acres. If you con- sider that the whole of Dade County is 2042 square miles of roughly about 1,300,000 acres, we are really urbanizing .2 times the entire area of Dade County. Just to give you an idea, by the year of 2001 in the United States this will amount to 182,000,000 acres of land which is 515 times the State of Florida , if we allow this senseless extention of suburbia to occur. Really, I am concentrating in what I am going to tell you about Urban City Planning, Core City Plan- ning. This is the main interest that I have. If you will allow me for a few minutes I will read exerts of my findings in this and of my thoughts in this. I stated that we must halt lateral expansion to suburbia which could be met and supervised by local agencies with criterion established state- wide. We could infuse a dynamic rhythm even in suburbia by intensifying suburban cores and satellite City cores and allowing and reserving outlying acreage for agriculture and green belts. On the other hand growth can easily be absorbed in existing urban centers by re-evaluating and re -shaping our core cities. Under the leadership of our farsighted and pro- gressive City Commission and City Management, Miami joined the ranks of other major cities in restudying and reevaluat- ing its zoning principles. The studies of recently engaged analysts, this was last year, point out the major require- ment to increase floor area ratio, expecially in our core areas. In these areas the solution is the development of pleasing and functional megastructure type of building. Mega - structures denote a huge series of huge structures. We have plenty of those. It is more the connotation that we are in- terested in. It is the interconnection of two or more pleas- ingly designed major structures capable of providing total living shelter. Shelter of home, commerce, recreation. etc. As a matter of fact, it is this attribute, it's capaz.ii'.ty of supporting total living shelter that makes it so attr:3ctive and very different from.any giant structures in most care city areas in the United States. The designation "downtown" 56 APR 2 51974 is a common place and whether to support offices or commerce, it is a place you don't want to be after 5 O'clock or 6 O'clock. It ceases to exist. It's like a giant reptile that cools off until the sun hits it next morning except in the weekends when it stays dead. The fact is that these giant structures of te- day's downtown and entire sections of core areas are not en- dowed with more than one function of the living cycle and that renders them wasteful and unattractive by the new concept of prudent planning principles. The concept of total living megaatructures, of course will entail a total revision of our utilities. I would go on but really I do not want to waste any more of your time when this is just part of the speech which relates to the core city planning, the center city plan- ning. What I have really, later on designated was a solut- ion that I respectfully submitted to the Planning Department for their benefit. Remember I told you about structures that are endowed with more than one living cycle, more than just an office space because if it is just an office space like on Brickell Avenue, we are going to perpetuate a mistake that other cities and we ourselves have made whereby we have an office section that is wasteful, that we've put up a billion dollars worth of office building that only serves us 40 hours a week and after that it is sitting there empty doing noth- ing. We have to see to it that these areas and buildings are endowed with more than one use so that after 5 O'clock of 6 O'clock you can still be there and enjoy it. Chief Garmire is attempting to do a great job in the security but he cannot get the people down. That alone will not help it. :We'll have to provide points of interest for our people to be there, to live there to recreate there. The solution is, I further said, in seeking out and identifying urban areas worthy of vertical intensification due to its demo- graphy, advantageous traffic patterns and due to its avail- ability to community amenities. We must tag then these areas and allocate to them a certain development intensity and in fact, allow their development only, only if it is to their fullest extent and to their allocated density and use. Unless we adopt a no -growth policy which is utter nonsense this day and age, the total living concept of these struct- ures is the only concept currently available to make our core cities again income producing to the city, desirable to the inhabitants and mercantilistically a viable center. It is this profound understanding that has to permeate the developers and the planners. Thinking about these items when they are encamping in a new area, in a new project especially in our core cities. No matter the size or the extent of the develop- ment. The developer henceforth has to consider the entire community and how he can serve it best. I have come to a few specific examples,and these are what I am saying here, will not be derrogatory to the Planning Department and Planning Management, I know the tremendous amount of work that is metered out to them. And somehow, the Planning Department, if I may say so at this time, is relegated at looking at the back yard where a boy wants to put up a two car garage, should they deny it, shouldn't they deny it, or is it an extra h foot to the side setback or is it 31 feet higher than the code per- mits and his department is working on that and basically not on too much else. We have requested studies and his depart- ment was good enough, Mr. Acton's department to pursue these studies except these studies have never been implemented. Nothing was done about them. We paid out fantastic sums for therm and they are good and they should have been done end I am all for them to be done but the implemention---those people who have the guts and the perseverance to implement those ideas. One thing is to dream them up and we need the ‘, sion- aries and the dreamers. The other thing is to translate. those 57 APR 2 51974 1 thoughts into plans and prints but then we need the man with the guts who will prosecute those plans. I give you an exam- ple, a specific example, it is very close to my heart so I would like to bore all of you with it for a moment.'I am going now to June 18, 1971 and your board meeting ensuing it three days later. It was, I got a copy of it, George Acton dogmatically wrote a denial upon my request for an office building that I had submitted. The reason for it was this. The goals of Brickell Avenue study to encourage quality office development in spacious and landscaped settings and to pre- serve existing natural amenities and the character of approp- riate areas will not be achieved by the massive nature of this project. The variance requested is self created and denial is recommended on it. On this building, in identical form as I have presented my plans to your Commission and your Commission in its foresight and its smart consideration has approved this project. This project was built, it is a credit to this community. It is called Rivergate Plaza and it has received national engineering and architectural awards which I have sent to you in the course of 1973 when the completion was in sight already. Now I do not really blame the Plan- ning Department to deny this project because they have to look at a dogmatic ordinance, a rigid ordinance and according to that ordinance, maybe, considering only that it should have been denied. But considering a broader picture of our city and a project for instance with a bonus, so called bonus point because a developer was sticking a half a dozen cabbage palms, I don't think that that is a worthwhile thing. On the other hand if the developer is willing to come in and infuse other dynamics into his project then let us say a plain office building or let us say a plain one use item that the area has plenty of already, I think that is very important. I must say that I am hear at this time as a private citizen and I have no other function with me. I am chairman of the Commission for Development of the Brickell Businessmen's Association and I'm not in here in that capacity but I must tell you in that capacity, however that we are very mindful of what is going into brickell Avenue and we are prominently worried that we are going to perpetuate mistakes done in the past whereby office buildings, in no matter how good a set- ting it is, no matter how many palm trees are around it, but office buildings will be going in the whole area and will come Friday 5 O'clock, it will be dead until Monday morning. A project, expecially a core city project has to serve people 24 hours a day. Mrs. Gordon: I want to admit that I'm not as familiar with your finished product as I would like to be. I particularly want to ask you a question because I just got back yesterday from San Antonio and the river is fantastic in the core area. But what makes it so fantastic is the fact that you walk on the river bank and because of the shrubbery and the light and the people that are frequenting this area at night is beauti- ful because of the barges that are going up and down the river in the evening which actually are moving dining rooms because they serve people. Actually, you order a meal on a barge, and it's your barge for the evening, you and your company. It is a beautiful experience, it really is. Let me ask you this since I'm not so familiar with your building. I know that 'there is supposed to be a river walk all along the river but your river walk is not on the level of the river is it? Mr. Hollo: I would like to answer you. I am very happy that you have asked me this question and I am very happy Trost of all that you called for San Antonio as an example of yc-rs. I am very gratified because I wanted to propose that from 58 APR 251974 10 40 the level of the Planning Department we should see projects like San Antonio, like Houston. 1 am going to answer you now on my building. I believe you have received in a small copy the photography of what we intend to do in the ensuing areas. This is very important for you to remember. I believe all of the Commission and the Mayor have received copies of it. Because, you see, our river bridge is at a certain ele- vation. You have to get the people down to that river bank. It is not enough just to put in a river front walkway, you have to get an easy way and a pleasing way to get the folks down to that river bank, get them down to the river height and the river walk height. Now how do you do that? Obviously if you stick in there a string of stairways, incidentally, in order to get from the bridge down to the river we have a com- plete architectural engineering sketch, you need 52 steps. Now how, on a hot day will you get people to walk down 52 steps, straight down to the river front? It has to be a gradual way to get down to the river front. Now in our en- suing plan, incidently we are dropping very slightly right from the river down to the next 150 feet. From there.... Mrs. Gordon: Do you own the adjacent land? Mr. Hollo? Yes. From there on we are planning to drop an additional 50 feet which brings us down to about only 10 feet above the river. In other words for the next 240 feet we'll be dropping in a very slow ramped way with a couple of steps infused, approximately 15 feet or 16 feet, I don't have it exactly at this time but that's how we intend to get them down to the river bank and fronting on that river front walk way, stores, shops, points of interest, maybe a little theatre, lots of planting but in a pleasant nice way to get them down to that river. Not just throwing at them 52 stairs and say- ing now go down and get down to it. Mrs. Gordon: Maybe I didn't make my point but the point that I was making was that the river level river walk is one of the greatest assets. No, the entire area doesn't have to be flat. It isn't flat there. There are steps up and steps down and bridges across. Of course, their river is a much narrower stream than ours. It does not compare in that re- gard but nevertheless, I always wanted to ask you this. You brought the matter up, I was a little disappointed. I was on the river when I passed your structure and I couldn't see the walk which I knew you were supposed to have. Mr. Hollo: That is only the commencement of our work. The ensuing one will bring you down an additional 16 feet in 240 feet which is a very high grade of descent. Now we could accomplish this in 20 feet if we put in 6 or 7 flights of stairs. We can bring the people down to the river front right at that point. Mrs. Gordon: Wouldn't it have been practical to have a river walk right there where your garage is now? Mr. Rollo: means could down to it. It would be very practical if, no, what mechanical we get the people down to it? They want to get How do you get them down to it? Mrs. Gordon: Over there, of course, they go under the bridge. Mr. Rollo: I understand that. This is our first stride. Mrs. Gordon: I'm not lamenting what you've done, I'ib Jl.st Baying that I had a wonderful experience in San Antonio and 59 APR 251974 • • I was greatly impressed and I'm hoping that someday the City Of Miatfli can boast of something similar. Mr. Rollo: AMen. our of us went to study that at San Antonio and the fact is, if you will forgive me for a moment, you need to reply because it was very bright what you brought up and I appreciate it. The very important part of it is that we ate talking about the river front walk. I got the first Study of it 61 years ago. That was the first study of it that I have received. Do you know that we still don't have a river front park, officially, the City doesn't have one. The only little section of it that's in, what I put in last year which is approximately 150 feet. I showed it to the beautification committee, to Mr. Pallot and his group, I showed it to the man who is prominently involved with it, he is Secretary of State, Richard Stone. He loved the way how we are attempting to bring the people down to the river front. We could have done it much easier and much cheaper just putting stairways, tut who would have used it? Mrs. Gordon: Tibor, are you planning to do development next to your Rivergate in the near future? Mr. Hollo: Yes, we are very desirous and our plans now show a 16 foot drop down to the river which brings you up to the water level, approximately 9 to 10 feet at the end of the 240 feet which is within 4 or 5 steps now to the area that you want it to be. We just couldn't drop it any faster than about that grade. Reverend Gibson: I don't know if this is a question, this is an admonition. Two things: I hope you will keep in mind when you develop the Plaza Venetia that beautiful concept that you have just enunciated. You know where the people walk, you know what I mean? You remember that was one of my con- cerns. The second thing is and I would be derelict in my duty if I don't do this. Mr. Acton I am sure is not the most perfect man but I had to learn this. I often wondered when you come in and you're short of two feet in the zoning, why you deny these people, you understand? Well, I found out that the laws were put there to protect me from him and you from him. Follow me? Ok. I hope the newspapers will write this because I don't think anybody caught this. If you came up here with a group and said we have something dif- ferent, imaginative and we want you to consider it, my time on this Commission has proven that this Commission will react favorable to any study but if we take the gamble because you, John Doe come up with an idea just for yours, we then sub- jugate the whole community to the wishes of one man. I hope we'll be smarter than that always as long as we sit here. Now, I know what you're saying and I follow it. I would much rather a group of you, like you say the Brickell Avenue Association, come and give us a concept. I could buy that, I could live with that. .Say what you just said. The other thing is this. I don't want us to overlook the fact that unfortunately, the way we in America live, is we live with laws and that is what that man is trying to adhere to and I just thought that if I didn't bring that out nobody might understand what I've said but I know I heard what you said and I think I understand it. If I didn't say that then we would have left the staff with all of the underfooting cut out. You know what I mean? Mr. Hollo: I'm so appreciative, Reverend that you've said it. Not only that you've said it that you so have sotly verbalized it. I hope that George whom I consider as a friend Eau APR 251974 i is not taking this as a personal affront. On the contrary, it is a constructive criticism that I attempted to submit to your Commission. I think he is doing a fine job but he is bogged down in his fine job in the petty things that is being done and the big concept somehow is getting lost and that big concept, Reverend of downtown, of core city is one of the most important and most pressing points, I think in our town. How to serve people and how to serve peoples best in our core areas, in our downtown areas. Mrs. Gordon: I have a question unless you're limiting us on time because I find this conversation very stimulating. Mayor Ferre: Go ahead Rose. That's why I asked Mr. Hollo to come because I think it is important once in a while that we indulge in a half an hour of this kind of discussion so that besides talking about the nitty-gritty things that we've got to talk about everyday that we can talk a little bit about the trend and the areas and the directions that we want to take. Mrs. Gordon: Sometimes you know you talk about hindsight and that leads to foresight for the future that you may or may not want to do again. Tibor, you know that we have a downtown study that has been completed and in the very near future we will be having hearings and this and that. But I don't know whether or not you're yet familiar with it. Have you seen it have you read it? Mr. Hollo: I have seen drafts of it. I have even seen some of the finished product, not all of it. I thank you for ask- ing me because I must tell you, and this is a reprimand to George. George, I am addressing myself to you now with this. I think we have quite a few very fine developers in this com- munity. I consider myself no slouch and I must tell you that not in one occasion I have been called upon. Now I know my time is pretty tough. I'm doing quite a few things in this city and you're well aware of it. I don't mean my own bus- iness because I have promised it to somebody more than human that I will do a certain amount of time on charities and civic duties and I'm doing that. Now it is more than I pro- mised but I want to, I want very much to be able to contri- bute to whatever I can to the ideas of those plannings. Never once I was asked and I am desirous of being asked. I am de- sirous of contributing to that concept. This is my community, I live here, I want it for my children to be a great community. Mrs. Gordon: I asked you the question for a specific reason. There's a rather let's say, as I read the proposal, references to the combining of uses that you were referring to as being idealistic for the core areas and that's why I asked you if you were familiar with it because if in fact these studies shall prove to be what the citizens and the Commission wants to have happen in the City of Miami, it will then be the kind of a downtown where people will be living, working and playing and enjoying and maybe Mr. Garmire can move some of his men from downtown because the people themselves will be there themselves to do their own thing. I asked you if you were familiar with it because I'm hopeful that in the main this will become an accepted concept for downtown. Mr. Hollo: Mrs. Gordon, yes, I made references to that earl- ier when I was speaking to you. I love that study in some modified form. I know the part of it which you refer to which is the combined living index. This is the most a> -cit- ing one that has been presented here. I am 1000% for it. 6i APR 251974 Mrs. Gordon: It's realistic too. Mr. Rollo: it's realistic too, very small, very few and very small changes on it. Reverend Gibson: Sir, part of my, whatever statement I made was just that here you are, intimately involved. Mr. Acton I don't understand how this is done and maybe you need to tell me. Here is a man that is intimately involved. Why aren't we as a city for instance, even though he may have some selfish interests, I don't mind that. I have some self- ish interests in trying to run a church but I'm saying why aren't we utilizing -we don't want him to tell us domineer and dominate -but do you know what I'm talking about? If he has some imaginative concepts why aren't we-- here's what I'm saying. Mr. Acton: I think I understand what you mean. Why isn't the City of Miami and especially the Planning Department tak- ing advantage of expertise in the form of developers, archi- tects that have a certain amount of foresight as to the type of community that the City of Miami might become. Is that what you mean? Mayor Perre: It is more than foresight and this is why I asked Mr. Rollo to come here and I'm going to speak to that moment in a moment. It is more than foresight. You know we all have dreams and we all have foresight. The point about Mr. Hollo and a few others, and there aren't too many that are in his category, is that not only does he have the capacity to dream and not only does he have foresignt but he has the guts to implement and has successfully and that's what makes the distinction. There is a basic distinction. Now I may not agree with everything that Mr. Rollo has done but that's not the point. It has nothing to do with my agreement that I may not like this building or that building or I like that one more than the other. But he is involved in the process of doing things and therefore, as we dream we have to take into account those who are doing because otherwise, you know the word legislate comes from the word legislatos which in Latin means to put into reality that which exists in theory. You know when you get down to the root of the word and the definition of the word legislatos, which means and it's the old concept of Roman law that you cannot put laws into effect which do not properly represent the will of the people because if you do, people will either ignore them or circumvent them. In this process all I'm trying to say is that we have got to take into consideration the people that are involved in doing these things whether we like the building he does or doesn't. The point is that we cannot sit alone like Dr. Antoniadis did and sit on an island in Greece and ideate and think of the perfect solution to what Miami has to be in the year 2000 without taking into consideration the Tibor Hollos of Miami and this is really all I'm speaking to. Let me make one other statement because I have been listening and I have been itching to make this statement and I just wanted to share this with you. I just came from Buenos Airies and I was very incredibly impressed with the community that even though it is not as alive as we are because it is really a great city of the past, but it has a population of over 8 million people, it is a fairly dynamic area, it's average gross capital in the city is similar to many European o ities maybe some of the major cities in Italy, for example. We a fairly dynamic community and I was struck, besides from the terrorism which you know of course exists, and you hearand all of that. But I didn't get to see any of that so that did APR 2 5 1974 • • not impress me. But what impressed me was the fluidity of people. People laughing, smiling, enjoying the parks and 1 really spent a few days walking all over that community try.- ing to find out why is this Connunity of 8 million people, how does it work, how does it function and I came to these conclusions, and they are very simple. (1) That it has a healthy core area and it has transportation. It has a sub- way system much better than New York and it has 6 basic lines that come in from the outlying regions. Now this was built more than 30 years ago so that it, serves a need and has for a long time and it is an established trend. But the peo- ple live out twenty miles away will come into the core area to shop. As a consequence, you have a very dynamic, healthy commercial aspect in the core area where people are coming from all over and since you have concentration, you have a better quality product and you get more variety and you get all of the amenities that come with it. (2) Whoever planned that city really had genius in doing it because that city has more parks than any other city that I have seen. Every other block it is a park and the parks are full of people, lunch hour, or after hours, or weekends, the older people, the children, the kids, everybody is in the park and they're used. They walk, they sing, they talk. These are parks that are alive with all kinds of people and to me that is important. And you know what they do? They even have taken whole blocks and they have torn down the blocks to make a park because they felt that this area needed a park. This is the kind of fluidity. Now automobile traffic, you've never seen auto- mobiles like that place. It is worse than Paris or Rome put together. Those cars are just---, but in the main avenues, would you believe, they've got 15 lanes. Now you would think that would bother you. Those people move in and out and there is a tremendous fluidity. The next thing that I noticed in Buenos Airies which I think is very essential for us is that there are people who live in the core area therefore, it is not a place that shuts down like downtown Miami does at 5:30. You know at 5:30 or 6:00 the working people start to leave and then another group come in, people coming back home or people coming to the theatres, there is one street where there are 40 theatres functioning. Forty: And people are going to theatres and then they come out and they're go- ing to restaurants and it is just amazing at how at midnight there were just as many people on the street as there were at 5 O'clock in the afternoon, and Saturday mornings and Sundays and it is a community that's alive. Now here is my point. Mrs. Gordon: Do they have cafes on the sidewalks there? Mayor Ferre: They have cafes, they have, you know, it is an alive city. Here is my point. I think that we in our fervor for wanting to, we in this country have a way of going to ex- tremes, you know. If we have an energy problem we are going to go the extreme. If we have an ecology problem we're going to go to the extreme and we're always going to extremes. Now nobody wants over population and nobody wants urban sprawl and nobody wants to have the amenities of life reduced. We all want the good life but you know, in all of these things you've got to balance economy with energy and ecology and education and all of these things need balances. We can't go to extremes. Now, I several years ago went to the Soviet Union and I found that even in a controlled dictatorship like that there is no way that they can stop growth in Moscow be- cause these people come in from the Ukrane and from all over, the Soviet Union and that's a controlled economy. There's no way that in a free country like in the United States that you could atop people from moving to St. Petersburg cr :•iami s APR 251974 • • or anyplace else. It's going to happen•so the question is not whether you can stop growth but how can you control it so that it is the best kind of growth. That's what we've got to address ourselves to. Now for us to do that then we've got to recognize certain things and one of the things that I think we've got to recognize is for us to have low density in the outlying areas we've got to have high density in the core areas because there is no way for you to have mass trans- portation to one acre estates because we end up being another Los Angeles and the city goes on with urban sprawl for 50 miles of house after house. Now the reason why in some of these major cities where you have high densityaand yet it's a great beautiful happy city is because they have developed alternate solutions and they planned for it. Now what is wrong with us in Dade County in my opinion is that we haven't planned for it and in resume, what I'm saying in one sentence is: It's not how many you stack, but how you stack them. And that's the whole core of what you're talking about and that's the whole essence of what I hope George, that we in this community and the City of Miami and this is in no way criticism to you or the administration but we in this com- mission and we in this city and I wanted Mr. Hollo to come here because I wanted for him to share with us these thoughts. There isn't a better example of a man that's on the move in our community than Tibor Hollo and therefore, what I wanted to do was appoint you, Mr. Hollo, if you would accept as chairman of a layman's review board on some of these things that we're doing. Now this is not in conflict with the Downtown Development Authority because as you know they have limitations but what I would like to do is for each one of the members of the Commission in the next meeting to appoint two members to this review board and I would like for Mr. Acton to meet with this new committee to go over these new thoughts that we have. We're going to be getting into public hearings pretty soon as you know on the re -zoning in the downtown area and I would like the private sector, and by private sector, I mean the doers and of course every Commis- sioner has the right to appoint whoever he wants but I would like with all due respects to my fellow Commissioners that in your appointments that we try to balance it with people that are either knowledgeable or interested or involved. That doesn't mean that we can't put architects or dreamers on but I think that it ought to be a balanced committee so that we have in put fron this side of the picture. That doesn't mean that we're going to do what you're going to recommend. We have the professionals and the Planners and we have the governmental agencies that are involved in this and we have our own Commission that we're 'ping into hearings. But I think it would be important to get a little input from the people that are involved in the building of the so-called core area. Mr. Acton: Mr. Mayor, I am sure that you are aware that dur- ing the preparation of the Downtown Urban Development and Zoning study we did form what amounted to a 15 man review committee. Now Mr. Rollo was on that committee, the Chamber of Commerce was on it, Alan Morris was represented and many other facets of the downtown community. Mayor Ferre: George, we've got a finished product now and I would like a new look at it from people who are involved with the process of using the land in downtown from the private sector. Mr. Hollo: Mr. Mayor, I feel honored and priviledged o. this 64 APR 251974 • appointment and heaven willing and if he gives me the strength. I will do my best to live up to your expectations. Thank you. Mt. Plummer: Would you then in a memo outline to us, the rest of the connttiseion what you have in mind so that we can formulate in our minds the proper people to serve on these boards? Mayor Ferret I'll be happy to write a memo but it is really very simple. I would like the input ofi the people who are today users of land in this so-called core area. Mr. Plummer: You're speaking of the recent study then that was brought before this Commission as it relates to the north side of the river, not Brickell Avenue. Mayor Ferre: Yes, but I'll tell you, in a way, since we keep ignoring Brickell Avenue, Brickell Avenue has really become a part of downtown. Mr. Plummer: Well this is what I would like you to delineate. Mr. who is a very good friend of mine and would serve, I am sure on such a committee but he is more vitally interested, just using him for an example in the downtown area than he is in the Brickell Area. Is it the purpose of this Committee, for example to help this City hold public hearings and imple- ment this•new plan that is for the core area? Is this the area of the downtown area as incorporated by the DDA? That's why I think we have to have some clarification. Mayor Ferre: The specific point, I don't want this to be misinterpreted. This is not a conflict with the Downtown Development Authority. We are in the midst of redefining and redrawing very basic and important things. We've got a downtown governmental core committee, we've had many plans drawn up. I think that it is important that we have a com- mittee of active prominent citizens that are doers that are users of land that will give us the benefit of their opinions on this. Because you see, for us to go and make and imple- ment all of these plans and then these are plans , or these are regulations that will instead, will refrain property owners from developing or using their, land then I think we may he defeating the purpose of what we're trying to accom- plish. Mr. Plummer: All right, if you will outline to us in a memo what you have in mind. Mrs. Gordon: Are you speaking to the Wallace Plan as being perhaps a hinderance to.... Mayor Ferre: No, I don't think it is personally but I want to make sure. ! personally think it's, good in its totality and I think it answers a lot of problems. What I want to make sure Rose is that I think we ought to give an opportunity to the people that are going to have to live under that to form themselves into a committee which I think we should be involv- ed in appointing. Don't you see? Mrs. Gordon: What about our Planning Board won't we be by- passing them? Mayor Ferre: I don't think that the Planning Board should be bypassed. 1 think the Planning Board should be invol•Jel. I have already told, who is the new president of the AIA? Who? Norman Giller. I told Norman Giller the other day, he came 65 APR 2 51974 to see me. He said Mr. Mayor, what should the AIA get into this,year. I said "You should get into this," and he said "Well I'll come back with a plan." I think the architects of this community should orm themselves in a committee and go through all of this pr cess and come back. But you see, architects have a way of ooking at things from one side of it. Land users or developers have another attitude and then the Planning Board has another attitude and then we as repre- sentatives of the people have to finalize on this but what I would like to do here, I would just like the input of the rest of the Commission, is to get a board or committee of land users, not the Plannint Department not the Planning Board, not the AIA but the users of the product and let them go through this and comeback to us with their ideas. That doesn't mean that we're going to accept them or use them but constitute them. I think that too many times in the process of government we ignore the user. I mean he is the one that is going to be affected and I think he ought to be involved in the process. Mr. Hollo: May I say something, Mr. Mayor? It is your quest- ion, Mrs Gordon that I would like to comment on. This is a very important point. As you recall, the Brickell study, the re -study of Brickell Avenue zoning, a few of us came up and agreed to something, objected to something on a very haphazard way. We wasted your time. Really, you shouldn't have had all the little hassle that went on. You could have had before a meeting all these units agreeing to something, giving their inputs into it. Such incongruous things have happened on Brickell Avenue, for instance, that the front of Brickell Ave- nue is a less liberal zoning than the back of brickell avenue and such things will have less tendency to happen if groups, good professional groups could eek out these things ahead of time. I thought that was a good analysis of it that we could involve the private sector prior to your decisions and prior to a meeting in the front of the Commission. Mr. Plummer: (Inaudible) We who are government are not the people who are building. We can be, in fact, afford to be idealistic rather than realistic where people such as your- self, Mr. Forge and others who are builders in the downtown area, who know and live with this day in and day out can afford to be an advisory committee saying that gentlemen, here is what we think. I never think that you can get too many opinions from good well meaning people and that's where I agree. Mrs. Gordon: I don't want to sound negative because I happen to have a lot of respect for this gentleman that is standing before me and for other people that have spoken but you know, we paid how many thousands of dollars for professional study? Mayor Ferre: Are you talking about the D one because for that one we paid 250. Mrs. Gordon: The new one, the Wallace Study.... Mayor Ferre: Are you talking about the Magic City Study? We paid $100,000.00 for that one. Mrs. Gordon: Now we're saying let's find a way to say that the plan isn't -any good or it should be modified or whatever. We've hired a professional. We've hired a surgeon. We've hired the top caliber and I am saying this. I am sayln that if we do what you want us to do we are in affect trying to cure our own ills and we're not doctors. In affect we 66 APR251974 are so serving because those who you are asking let us all appoint those who are using it... Let's face reality. if 3 own the land sure, 1 need the highest and best returns financially. That's the best for me. Mayor Ferree Sure but Mrs. Gordon: Ok. I'm calling it exactly like it is and this is exactly like I feel and I don't always say things that are popular but I'm used to that. This is the truth. We've got to rely on the professional because he is the man who we paid a fantastic sum. Public hearings will take care of the opin- ions of the public and then we can judge accordingly but to set a committee up whose objectives are in direct, let's say opposite points of view because of personal holdings then we are in affect doing something that we should not do. Mayor Ferre: That's exactly the point. That we in trying always to get professionals, we sometimes ignore the common sense approach of those people that are being affected and involved. You see, the constitution of the United States wasn't written by experts. It was written by people that were involved in the day to day nitty-gritty business of liv- ing and that's exactly why it is such a human and why it is such a workable project. When you get a bunch of experts, you know what experts, and the more I get into government and into the business world I conclude that experts for the most part are theoreticians who tell you the way Utopia should be but are not people that are capable of taking that dream of Utopia and making it a reality. Let me finish now. I let you fin- ish and now I'm going to finish and then you can add your statement and then we're going to go on. Now the point I'm trying to make in all of this is that we have opposing views. I think that products are always improved when you have all sides of it, when you have the architects with input, when you have the builders and the users, when you have govern- mental departments and dependencies and then, we as elected officials are the ones that have the final say. But I think too long in this community we've gone around ordering Doxiadis Plans and Magic City Plans and this plan and that plan and a bunch of experts come in here and tell us how to do it and it never gets done. It ends up on a shelf because they are master surgeons and they're master experts but they don't take into consideration the reality of the situation. Now I'm not against the Wallace Report, I'm publically, officially, unofficially, personally, privately and otherwise for it and that's not the point. The point is that I think that we ought to have input from all sectors of this community. Mrs. Gordon: Honestly, Maurice, you need to say you need to alter your thinking in this regard. You've got to think that if you want other points of view you want different ones, then you've got to take people who have no personal interest in the area who do not own property in that area because if they do they have a self serving reason for their opinions and it is not right. Mayor Ferre: We're going to get that input. But don't you see that's exactly the distinction between a socialistic gov- ernment and a free open democracy. A socialistic government is one that always wants experts to make decisions and we, in the free world happen to think that the best way, the "sole purpose of the capitalistic system and one phrase is "self interest". Listen Rose, the whole basis of the greats of the United States and every capitalistic community in t 67 APR 2 51974 • world, free community, is one phrase, "enlightened self in- terest." I happen to be a strong believer in that and I think there is not one successful downtown Development Authority anywhere in the United States anywhere, whether it be in Pittsburgh or Cincinnatti or any other community that is self developed that does not have a Downtown Development Authority of property owners. Of course it is self interest, that's what has made it grow and all I am trying to say is that those of us in government are here to control it to make sure that it doesn't get out of hand. I'm not saying that Ted Hollo and developers are going to dictate to this City or to this Commission what we're going to do but on the other hand I'm saying that for too long we've ignored the Ted Rollos of this town and for that reason we have hundreds and hundreds of thousands of dollars of wasted money sitting on plans that are this high now. Not one of which has been implemented. They've been done by experts and by great surgeons and they were fantastic geniuses that came from all over the world, Greece and otherwise and we had them come here and.bisect and disect and alalyze and tell us what we ought to do and after that we all said yes, that's very nice, we take the plan put it on the shelf and it is gone. Now I think it is time that we come back to earth and come back to reality. I'm trying to approach my job in that way. I know a lot of people aren't happy about it. I know there is a lot of dis- sent about some of the compromises that I'm recommending but by God if we're going to get anything done we're going to have to do it that way in my opinion or ten years from now we're going to have another set of plans and another hundred or two hundred thousand dollars down the drain and nothing happening. Reverend Gibson: Since I'm the new man on the Commission, let me ask this. I don't know, maybe you haven't operated this way before. Did the public have an opportunity to share? Ji, you and Rose could answer this you are the sen- iors. Didn't the public have an opportunity to share in giv- ing some input in all of these plans that we've had? Mr. Plummer: Not all of them, no. That's what you're hold- ing public hearings for. If you're speaking to the downtown area plan, no. At this stage we have only had the recommend- ation of the professional planners. They will then set a series of public hearings. Now on every other plan or study, yes the public did have an input because this Commission nor the Planning Board of which I set for years ever implemented any plan without public hearings. Reverend Gibson: Where are we now? You mean the next step is public hearings? Mayor Ferre: Yes, sir. Mr. Plummer: You mean the ones downtown? Well, obviously somewhere along the line we're procrastinating. Mrs. Gordon: Let me ask you, wasn't there a committee? You just said there was of which Ted was a member who worked with those planners in order to bring these plans into being. Isn't that so? Mayor Perre: How many times did you meet on that commL.ttee, Ted? Mr. Hollo: I haven't been called once for that, Rose. 6 APR 2 51974 • Mr. Plummer: Z believe the inference was that that was a committee foemed. •.for the river walkway. Mrs. Gordon: No. A committee to work with the downtown planners developing the downtown plans.... Mayor Perre: Mr, Acton, do you know how many times that committee met? Mr. Acton: Approximately 5 times. Mr. Plummer: How come he wasn't invited... Mr. Acton: They were all notified by mail. Mrs. Gordon: But they did have a committee who did work with them? Mr. Acton: As I said there was approximately a 15 man com- mittee that met with the consultants and Planning Department along all phases of the Downtown Urban Development and Zon- ing Study. We wanted to be very sure that those individuals and companies that had interests in the development of the downtown area would fully understand and comprehend what the ultimate recommendations would be. Mr. Hollo was a part of that advisory committee. Mayor Ferre: Were there minutes taken at these meetings? Mr. Acton: No, there were not minutes. They were simply presentations. Mayor Ferre: I see, I would like to have a copy of who the members of that committee were and how many of them met on those 5 occasions. Mr. Plummer: Mr. Acton, when are the public hearings sched- uled for the Wallace Hague Study? Mr. Acton: We have two more workshops with the Planning Acvisory Board and then public hearings will commence, Mr. Plummer. Mr. Plummer: What do you mean workshops? Mr. Acton: We have been taking the Planning Advisory Board through the entire study so that they like the Downtown Ad- visory Committee w25uld have a full comprehension of the Plan- ning process and what the recommendations in the study mean in terms of future development in the downtown area. We've been holding, as I said, a series of workshops. It is a highly complicated and very technical report and we have to educate them. Mr. Hollo: If I may.... Mr. Plummer: When can we expect to see it at this level? Mr. Acton: Probably in about 2 months, Commissioner Plummer. Mayor Ferret All right. Now Mr. Rollo wants to say something. Mr. Rollo; If I may shed some light on it, we have been in- vited to some presentations. I never had any opportunity to give any input to it, just to see the presentations No where along the line I was in any workshop meeting or aa.y 69 APR 2 51974 • • Opportunity was afforded to fie for any kind of input whatso- ever. Is that correct, George? Mr. Acton: The purpose of the presentations were, basically to take the advisory committee through the Planning process and after each presentation it was thrown open to the advis- ory Committee for whatever input they would like_to make. I Mean that was the purpose of the advisory committee so we would get input from both the public and private sectors as we were going through the Planning Process with the study. Reverend Gibson: Mr. Mayor, I would think and I am prepared to make a motion to this affect, I would think that we ought to ask for the list of names of all of the members of the com- mittee. Let us be sure that all sides were given an oppor- tunity because if we don't do that all we're doing is appoint- ing another committee. All I would like to do is offer a motion that the appointment of a committee be held in abeyance until such time as that list of names of persons would be made available to us and then at that time we coule move on. Mayor Ferre: You don't have to make a motion to that affect. That is something that we will just Mr. Acton: Mr. Mayor, if I may make just one comment at this point. It might be relevant and I haven't thought of it until this time. As I told the Commission, we are holding workshops with the Planning Advisory Board. Now it might be encumbent upon our department to notify the members of that board so that if they do have input it can be made prior to the advent of public hearings. Mayor Ferre: Let me explain one more time what I have in mind and then we'll leave it for the next meeting and then we can discuss it then. I would like to get three or four hoards or committees meeting so that they will analyze the product from their particular point of view. Then hopefully we can sum these points of view together so that we will have an input from the various sectors of this town. I would like, you see, what I don't want is a committee where you have two architects or two builders, two consumers and two professionals and that is something that we're doing anyway. What I would like to do is get a committee of land users and developers. I wculd like to get a committee of architects. I would like to get a committee from the consumers point of view, if you will. People that have no interest in the downtown area and let each one of them analyze and come with their own conclus- ions because they aren't all going to be the same. Then I think when it comes up to our level we will have opinions from varying sectors that will not be the same but then I think that that way that we will have the major points out- lined in a much clearer fashion. Let me tell you the kind of product that I would like to avoid seeing. That is this thing that Metro just came up with about the future. You see, what happened was that that committee was stacked as everybody knows and what you have is a work product which is completely one sided and that's why you're having the kind of problems that you're having in Metro as they go around talking about this thing. Now what I want to do is avoid that and the way to avoid it is to get the varying consensus to talk themselves and then come up here and we get the point of view of the architects and we get the point of view of the professionals and we get the point of view of the land users and then it will be up to this Commission to finalize and de- cide what is the best for the City of Miami. This is Plat I would hope would come out of all of this. 70 APR 25 1974 Mrs. Gordon: May I suggest that you forward copies of the reports to the organizations. Each of them have their own land study committees and let them do this on their own. I don't think that we need to appoint Committees because the public hearings will bring forth these opinions if we fur- nish them in fact with the information. Mayor Ferre: Look, I can do this unilateraly like any one of us can but I didn't want to do this as the Mayor, just unilateraly appointing a committee here. I know that that has been done but I wanted to share this because I think it is important that we all have some input into it. Mr. Plummer: I concur, and that is once again what I said a half an hour ago. If you would write a memo what your thoughts are so we can then sit down and look at this and who we feel would be the best person to put input into this committee. Mayor Ferre: All right.- Mr. Rollo. Mr. Andrews, we don't need any motions here. If you will schedule this for the next regular Commission meeting by that time I will get a memo out outlining this more specifically and hopefully we can move ahead on it. Mr. Andrews: All right, and we will supply the Commission with a memorandum indicating who served on the committee so you will have some point of beginning. Mayor Ferre: All right. I want to reiterate. I didn't want to do this unilateraly. If you will pass me the coffee can we will do it that way. Mr. Hollo: I am much appreciative of the time that you have afforded to me, thank you. Mayor Ferre: I intend for these to be working committees now, not to be just another committee. Thank you, Mr. Hollo. 36, MEE USE OF MIAMI BASEBALL STIUM - FEDERACION ATLETICA BASEBALL GAMES BETWEEN SEP ANI1 DEC ITIIVERNAL MIAMI Mr. Plummer: Mr. City Manager, this is the same thing again that I asked you before. This is for a long period of time. Now is this something that you can live with in this stadium? Mr. Andrews: Yes. Once again they have indicated that they will schedule around the City's events and work with the City and change their schedule during this'period if need be dur- ing this period of time. Am I correct in that now? Would you please state your name'and say so for the records so there is no apprehension later. Rene Cotera: I'm the President of the Federation. We came with the idea of forming this league exactly about nine months ago and we directed ourselves to the Department of Parks and Recreation and we spoke to Mr. Howard and we agreed to work together with them to form a league. As you can see in the papers that we submit to you, the expenses of the league are too much for us to handle with the fee of the stadium. Mayor Ferre: All right. We have a motion and a secoa1 and I have a question under discussion to ask. This is a n.:r.-profit 71 APR 2 51974 411 Organization? Mrs Coterat Vest sir and we are willing to open to every- body that wants to consult with the Department of parks and Recreation. We plan to work with them. Mayor perre: The Department is conscious of this and they will be auditing or looking into the books and making sure that this is not a profit operation. Mr. Andrews: I think, Mr. Mayor and members of the Commis- sion , that this gentleman should go on record that his books will be available if necessary for auditing because you are permitting a reduced scale and public involvement in an act- ivity which takes private enterprise on a non-profit basis and the City facilities and combines them to provide a recre- ational activity and on that basis their books should be available if there should be a need to audit them. Mr. Plummer: I think that is just a matter of just getting it for the record. Sir, you fully understand that at any and all times that your books will be made available to this City for inspection. Mr. Cotera: They sure will. Mayor Ferre: That's a matter of Mr. Plummer: And if they're not ject to immediate cancellation. record. made available that is sub - Mr. Southern: Mr. Mayor, this will be instructing the City Attorney to prepare a proper resolution. Roll call: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. Mr. Andrews: Mr. Mayor and members of the Commission, we will have an appropriate resolution as a result of this policy motion on the agenda for the next Commission meeting if that is satisfactory with the Commission. Mr. Plummer: Well, what are we ding as far as the second reading is concerned? Mr. Lloyd: Sir, this would be a resolution and only one read- ing is required. Mr. Plummer: All right. Mr. Lloyd: This actually is a motion and it will have no legal significance until the resolution is drawn. Mr. Plummer: You know John, now getting back to what Rose had said before. There is only one thing that really bothers me. Let's use these people since this is the thing before us today. If we bring that resolution up at the next Commission Meeting for ratification, they think their item is finished, somebody comes down here to object and they're not here to substantiate their item, what do we do? Mr. Andrews: The only thing that I might suggest is that we put this on the agenda where the discussion items are and invite these people back to make sure, in case anyone else comes forth to ask questions they are available to assist the Commission in answering them. 72 APR 251974 Mr. Plummer: Let's look at it from a more realistic stand.. point. ]ohn, how much trouble would it be for you to have that resolution ready at the tail end of today? Would it entail bringing one more secretary down here? Mr. Lloyd: No, we have a secretary here, we can do it now. Mt. Plummer: I'm saying on a normal procedure from now on. Mr. Lloyd: We're geared up to make resolutions here with one secretary now. Mr. Plummer: I think that's what we ought to do. Mrs. Gordon: That's the way I would like it to be done. I want it done the same day.... Mr. Lloyd: One minute, now just one minute: I understand that but let me talk one minute. Now, this is one thing, however, when you start making six motions at one time at the end of the day however, that we can't keep up with and that's what has been going on here. Mrs. Gordon: No. We could make a time limit, a cut off hour. Mr. Lloyd: We can have this motion for you inside of an hour. 37, RESOLUTION URGING RELEASE OF $75,000,000 MODEL CITIES FUNDS IMPOUNDED BY THE PRESIDENT OF THE UNITED STATES Mayor Ferre: This is on the question of model cities and I have three letters here from our three congressmen, William Lehman, Claude Pepper and Danny Fascel and I think it is im- portant enough just to read these into the record and share these letters with you. From Danny Fascel: Thank you for your letter I am sure you are concerned over the future of the Model Cities Program. Enclosed for your information are copies of letters that I have written to the secretary of Housing and Urban Development urging the release of the $75,000,000 of model cities funds. Chairman of the Housing Appropriations Sub -Committee and the House of Representatives urging continued funding of these programs. The Community Development Grant Act has been passed by the Senate and is presently under active consideration in the house. From Mr. Lehman: U.S. Department of Housing and Urban Devel- opment has informed me that these funds were withheld in the anticipation that the administration of better communities act would become law as a replacement of the model cities program. It is expected that the administration will release these funds before June 30th to meet its committments to current model cities projects as the Better Communities Act will not become law in the immediate future. From Claude Pepper: I have noted that the program can continue only until October 1st unless the impounded funds are releas- ed. I have recently been in toucn with secretary James T. Lind, Department of Housing and Urban Development and with chairman Edward P. Bowlin, HUD space science veterans aub- committee, House Appropriations Committee to renew my plea that these funds be released. I have today furnished copies 7s APR 2 51974 of your letter to secretary Lind and chairman Bowlin together With my etaternents supporting your cogent arguments for the release of these funds. Mayor Ferret I Would like copies of these three letters put into the record and also sent to members of the Metropolitan Commnission, Mayor Jack Orr and the Metro Commission. Now there is a resolution calling for the release of the seventy- five million dollars. I think we did this unofficially be- fore and this is the formal resolution, so is there a motion? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, CALLING FOR THE RELEASE OF $75,000,000 OF IMPOUNDED MODEL CITIES FUNDS AND THE FULL FUNDING OF THE MODEL CITIES PROGRAM UNTIL THE ENACTMENT OF THE PROPOSED COMMUNITY DEVELOPMENT ACT; AND DIRECTING THE CITY CLERK TO FORWARD CERTI- FIED COPIES OF THIS RESOLUTION TO THE APPRO- PRIATE GOVERNMENTAL OFFICIALS. (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. 38, ACCEPT BID - SERVICE MONITOR FOR COMMUNICATIONS DEPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-333 A RESOLUTION AWARDING THE BID OF MOTOROLA C & E, INC. RECEIVED ON MARCH 28, 1974 FOR FURNISHING ONE (1) SERVICE MONITOR FOR USE BY THE COMMUNICATIONS DEPARTMENT AT A COST OF $3,950.00; 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 74 APR 2 51974 39, The following resolution was introduced by Mr. Plummer who moved its adoption: - RESOLUTION NO. 74-334 A RESOLUTION AWARDING THE BID OF M.H. DETRICI( COMPANY RECEIVED ON MARCH 26, 1974 FOR FURNISHING HANGING TILES FOR USE BY THE INCINERATOR DIVISION OF THE SANITATION DEPARTMENT AT A TOTAL COST OF $5,602.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT 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 the City Clerk's Office.). Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 4U, ACCEPT BID - 3 LO-BOY TRACTORS FOR PARKS AND RECREATION DEPT, The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-335 A RESOLUTION AWARDING THE BID FOR FURNISHING THREE (3) LO-BOY TRACTORS FOR USE BY THE PARKS DIVISION OF THE CITY OF MIAMI PARKS AND RECREATION DEPARTMENT TO MEDCO INTERNATIONAL TRACTOR CO., INC. AT A TOTAL COST OF $7,575.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE PURCHASE ORDERS, AS NECESSARY, AFTER FIRST HAVING DETER- MINED 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. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 7 APR 2 51974 • • PERSONAL APPEARANCE- STEVE NOSTRAND 3RD CENTURY U.S.A. 41, BI-CENTENNIAL COMMITTEE -REQUEST COMMISSION TO APPOINT _COMMITTEE Steve Nostrand: I'm executive Director of Third Century U.S.A. which is Dade County's official Bi-Centennial organization. As you may know it is our goal to involve each citizen in Dade County not only in the implementation of a bi-centennial pro- gram and not only to be invited to come to the different events that we're going to sponsor but also to be involved in what ought to happen here in Dade County for the Bi-Cen- tennial. As a result we have created a program called Neigh- borhood '76, whereby we have communicated with each City Council, each City Commission in the 27 municipalities here in Dade County asking them to set up their own Bi-Centennial Commission with which we would work. That Bi-Centennial Com- mission would have two purposes. First it would decide and formulate the Bi-Centennial program for that city with major emphasis on one program that would have lasting benefits for its citizens and it would also be responsible for holding town hall meetings through which the citizens could decide the future of their city. We come before you today to ask you to set up this Bi-Centennial Commission for the City of Miami. May we suggest that each Commissioner have the oppor- tunity to name a Commissioner to the Bi-Centennial Committee and that the chairman be a member of our task force of all the chairmen of all the Bi-Centennial Commissions here in Dade County. We've corresponded with the Mayor and I would be happy to answer any questions if there are any. Mayor Ferre: You know that I am sure that I speak for every- one on the Commission and in the City that we are all very much excited by the prospects of 1976 and a Bi-Centennial. I had the opportunity to make a speach for Interama in Buenos Airies just two days ago and it was very well received and I think our neighbors to the south well understand the import- ance of the Bi-Centennial to us as a nation and to us as a community and I think they were surprised to hear that Miami had been designated as one of the major cities for the Bi- Centennial and they were very happy about it so I think that it will be a source of a lot of tourism and a lot of our friends visiting us. I think the City of Miami should parti- cipate fully and I will leave it this way then. We will appoint a committee and a chairman and I think, what size are most of these Bi-Centennial Committees? Mr. Nostrand: We've had 6 cities that have set up their Bi-Centennial Commissions already and most of the cities have selected the exact same number as City Councilmen or City Com- missioners. It is really up to you. There is no set rule. Mayor Ferre: Is it better to have 5 or do you want more? Mr. Nostrand: We want more. Mayor Ferre: Yes, I think these are the types of committees that you want to have a lot of people on. Mr. Nostrand: Broad base support and as much participation. Mayor Ferre: So would it then be alright if we each appoint three which would create a 15 man Bi-Centennial Committee? Mr. Nostrand: It would be wonderful. APR 251974 • • Mrs. Gordon: Could we do that Mayor, and have them select their own chairman from among themselves? Mayor Ferre: Yes, I think that would be fine. Mrs. Gordon: Steve, while you're there, I would like to tell you that t'tn so excited about San Antonio and the barges on the river. I wish that by the Bi-Centennial we had some kind of a river barge system that could take tours up the river and perhaps, they're small barges holding 50 to 20 people and perhaps arrange with one of the hotels to cater dinners on these little barges. I dive it to you as a thought because it impressed me tremendously and hopefully the river front will be greatly improved by the Bi-.Centennial. Mr. Nostrand: We'd like to do something along those lines. Mayor Ferre: Mr. Manager, if you would then please put this on the schedule for the appointment of three people by each member of this Commission and Steve, how NOTE: The City Commission Meeting was temporarily interrupted by a power failure. at 3:45 P.M. The Commission recon- veined at 4:00 P.M. with all members present. 7,' APR 251974 • 42, DISCUSSION OF WATER AND SEWERS AGREEMENT ANL DETERMINATION TO HOLD A SPECIAL CITY COMMISSION MEETING TO DISCUSS ON: MAY 30, 194 Mayor Ferret All right, Mr. Garret Sloan, air, Mr. Andrews: Mr. Mayor and members of the Commission, I asked Mr. Sloan to be here so that we could discuss the need to have a joint meeting between members of the Water Board, the County Attorney's office, the City Attorney and myself and the City Commission, in order to resolve hopefully a problem that has become very complex, insofar as the require- ments of the agreement which the City would enter into trans- &rring the Department of Water and Sewers to Metropolitan Dade County. The trustees, ---first of all, I should say the attorneys for the bond holders and the trustees,repre- sentatives of the trustees, are placing requirements on the agreement, and conditions in the agreement, that make those conditions very difficult to follow through as far as the City of Miami is concerned, because it involves the properties that the City would be transferring, and transferring in such a way that when the Water Dept. or Water Board, of Metropolitan Dade County no longer requires those properties for water or sewer purposes, those properties would revert back to the City of Miami for other municipal purposes, and these and other matters would be discussed at that time so there would be complete understanding as to conditions of transfer. We had, ----I had signed for the City a copy of an agreement that had already been prepared and Mr. Garrett Sloan had signed for the Water Board, you have given me this authority many months ago, and that was coneumated, however the County was unable to sign because of the complications I've just described to you, and it is absolutely necessary we have this meeting, and we are requesting that you establish a date. We suggested earlier that May 30 might be selected in the afternoon, but that is up to the City Commission. Mr. Plummer: Let's get one thing perfectly clear right now so there will be no misunderstanding. That agreement was not consumated by the County which then as I understand the instruction of this Commission was that that agreement was not to go through. Am I correct? Mr. Andrews: I am not sure of that,no sir, at that time. It is not practical now that that agreement go through because we no longer have a valid agreement under these conditions. Mr. Plummer: The point I am trying to make is, that under the stipulations put forth by the legal person of the Water and Sewer department, the young man that was here before. I think the Mayor was most emphatic, and I know I was most emphatic, that we could not live with the conditions as they were set forth, so I want to make sure, that the agreement you have already signed and Metro has already signed, ----the Watar Board has already signed, ---- that Metro doesn't suddenly sign it and pick it up and say it is now a valid document. Mr. Andrews: If they did it would have all the conditions you do want in it. Mayor Ferre: That is,right. Mr. Plummer: Okay. 78 APR 251974 Mayor Perre: They are not about to do it, don't worry. Mr. Plummer: Mt. Mayor he has made a very good point. I think the thing we need to do, since we are going to handle Boos -Allen on the 30th in the morning, and nothing else to be handled in the morning, that we schedule this for May 30, starting at 2 PM, --- Mayor Ferre: Right, ---- Mr. Plummer: ---and we schedule nothing else, Garrett, let me tell you so you will be prepared and won't open into Pandora's box, or be accused tomorrow morning as I was before picking on a poor, public servant, I think"was the terminology. If I ask questions, I am picking on a poor, public servant. Garrett, we were told this morning by an applicant who came before this Commission, that this Commission was, ---- Mayor Ferre: Be is here by the way, Mr. Plummer:; ----that this Commission was approving a great number of new construction sites and areas in the City of Miami, subsequently later being denied by pollution control, stating that Virginia Key was not adequate to handle this new construction . As you very well are aware, this Commission or this city was the only City to my knowledge who provided the planning and know-how and your expertise in particular to completely sewer this city by 1976 as part of that over-all plan, was the Virginia Key facility. This city is still taking those giant steps to 100% sewer this City. The question I want answered on the 30th of May. is this City wasting its time, 100% severing thin City with adequate funds being provided, when we are being told today that the people who provided that plant are being denied the privilege of hooking up. I don't want you to get into that but I think Garrett, you see the very important over -tone to that question. Mayor Ferre: What do you mean, you don't want them to get into that. That is exactly what you want them to get into. Mr. Plummer: I thought that's the reason we scheduled May 30th. Mayor Ferre: Oh, I see, I thought you were saying you didn't want them to get into it. Mr. Plummer: I don't embarrass my friends. Garrett is a friend regardless of what one writer says. What I am doing for Garrett today is giving him the question I want him to answer on the 30th, because Mr. Mayor, my point very simply is, ---- Mayor Ferre: I misunderstood your statement. 1 under- stand now. Mr. Plummer: All of our monies are allocated to newer this city 100%. Mayor Ferre: Let'a_put it in a very simple, mph :{c way, Garrett, you and I talked on several occasions fbnut the direction of the past eight years as to which way the City of Miami is going, as far as sewers. You told sra one time, 79 APR 2 51974 by the late 1970's the City. of Miami would be the first community in Florida that would be 100% sewered..that you did not see any problems or anything that would stop that. we have two basic questions in all this. Are our plans in any way being changed or stopped because now we've gone into Metro, at the expense of the City of Miami that another area is being severed at the expense of the City of Miami. No. 1 and No. 2; is the growth pattern of the City cf Miami being in any way impaired because the City of Miami has turned the Water and Sewer Department over to Metro, because if the answer to those two are on the affirmative, then I think we have some very serious talking to do with Metropolitan Dade County. Mr. Plummer: Mr. Mayor let's don't put Garrett on the spot. Your second question put him right in the middle of a jack -pot, is the City of Miami being impaired by turning this Water Dept. over to Metro --- Mayor Ferre: No, no, I specifically, ----impaired by, by, --- Mr. Plummer: --that is the same thing, ---I think a fair thing to do, would be, ask Mr. Garrett Sloan to give us the facts and figures for a decision by this Commission to make, is it imparing the people of the City of Miami? Garrett, the other thing I would like that you address yourself to, the Mayor has outlined the cost,that the people, I always refer to, the City of Miami, are paying for a dead horse. We have already transferred the thing, but indebted -wise the people of theCity are still paying for that. Okay, it is revenue bonds, I understand that. The other point I want to get into is this, and I have asked the Public Works Dept so you also might check with Vince Grimm, that as a Commissioner 7. want facts and figures, as. it relates to this transmission sludge line from Interama to Virginia Key. I am not going to get into the price as I remember, you might get with Vince because this one of the factors that I want to get into on the 30th about this sludge line. I hope I am doing you a favor. Mayor Ferre: Garrett, I might point out, that second question of mine, that you realize the implication of the whole thing, I want to be very sure. I have very strong feelings that for this community to develop property, I am talking about Dade County, we have to have a healthy growing core area, and if by any way this is being used as an instrument to stop growth, if you follow me, then I think we have to get into the ramifications of it, in other words, if this is being used as a tool, to accomplish something that cannot be accomplished by moratoriums or otherwise, I want to make sure this is not being used this way. ltr. Andrews: )Sr. Mayor a point of clarity, there is no sewer revenue bonds any longer. Those were retired in the last year. Mayor Ferre: I know that. Mr. Andrews: But there still remains approxirn t ly 13 million dollars in general obligation bonds that the City of Miami is 4Dntinuing to pay on which built the plant. 8U 4PP 2 51974 Mr..Plummmer: Paul, the virginia Key plant was built, operated With the people of the City of Miami. Okay? Are these sable people who provided this facility being denied access to that facility, that is basically the question, are we, Mo. 2 spinning our wheels, by spending all of these millions of dollars, that we are going to spend in the next two years to 100% sewer this City when we are not going to be able to hook-up to a facility. These are the questions I think need answering. Mr. Andrews: And I think at the same time Mr.Mayor, we had better bring to the City Commission a plan for smearing a balance of the City, it is not going to be accomplished in the next two years. Commissioner Plummer. You had better wait until the 30th and we will bring the whole plan as to what it is. Mayor Ferre: The other point, Paul which I think is something you should be involved in besides Garrett Sloan. it goes back to this whole question of taxation and rights of the citizens of the City of Masi. Here is the point, it is a philosophical point, but it is one I ass really getting prepared to address myself to at budget time, not only here but at the County, at the Metro level. The citizens of Miami have paid their dues to get into this club, and it would cost five -hundred -million dollars to replace what we have paid over the last 30 years. We are charter members, and we are going to be sewered in this City. I just don't think that it is appropriate for the citizens of the City of Miami to have to pay for the sewering of the rest of Dade County after we have not only paid for our own, but turned around and gave, which is what we did. an asset worth a half -billion dollars to Metropolitan Dade County and then after that we are going to be responsible for the further paying of the sewering of others sections of, this town. I want you to speak specifically to that point and specifically to that problem because if they expect my vote, Garrett and the bank I know will want to come back to get this thing clarified, I want that very specifically pointed out. I was not on the Commission when this thing was turned over, and not implying an criticism to anybody that was involved, it is just that I have the opportunity to express my opinions it is going to comae back to this commission for further deliberation and that is one of the key questions I want to get involved in. Mr.Plumaer: Mr. Mayor on the 30th I will bring forth to you a little bit of history. I was on this Commission when it was turned over. I thought then, and I think now, it is a regional facility and should be, but we were told at the time, so the decade for progress bond issue can be implemented, certain things can be sold in that bond issue, let's transfer it now, we will work out the problems later. Well, we are seeing another one of those things where we're being told by big brother,thank you, we owe you. That has to come to a halt sometime. Mayor Ferro: Mr. Sloan, ao ahead, Mr. Garrett Sloan: I'd like to address one minor facet of this whole question because I feel it is extreiae y timely today by comparison to all the other points of diccu4sion which are of longer standing. The question of the apparent turn -down yesterday, which is the first time I heard about it. but through building contractors, that Pollution Can.:rcl og 8 APR 2 51974 Dade County is turning down applications for construction in the whOle central district which includes Miami. and all areas contributing to Virginia key. If you have a minute or two, I'd like to review the status and why, what little background of what is going on now. and also what I think our Authority can do to try to straighten it out. First of all in 1971 the Thomas Hill was approved by the State Legislature, sponsored by Jerry Thomas, which set up a requirement that 90% removal be the degree of sewage treatment for all diacharge to the ocean. That bill set up 1974 as the date and later it was changed to 1973, so since January 1, 1973, we have been operating on a temporary operating permit, which we refer to as a T.O.P. The requirements for the temporary operating permit originally set up by the State were that you not increase the total loading which is discharged from you plant, to that preceeding October,---12 months, 1972, so around November. of 1972 we got a study with a lot of compu- tations in it and it came up to 25,000 lbs per day is what the average was for that previous period. We then came into an analysis of our planned expansions at Virginia Key which indicated that they would be satisfactory using standard design data to allow ten million gallons of additional flow based on a 3 million dollar program of which more than half has been completed. Two of the three major projects are finished and the third project was to have been completed on April loth, that was the completion date of a contract that has been in effect for over a year. It is Peabody -Peterson contract, it has $100. a day liquidated damages and they now tell me they will have the job done sometime about the end of July. They have had difficulty in obtaining reinforcing steel. It is a 50% expansion of the aeration tank capacity at Virginia Key. These are the tanks through whicw you see the air bubbling, and it is a 50% expansion of those tanks. The requirements of the original temporary operating permit have been exceeded during the last two months, frankly we were surprised that without this facility we could go as long as we have. We have used about 10 million of that additional 10 million -gallons -a -day of that additional capacity we designe:it for before exceeding the limitations which we had intended would be exceeded ouch earlier because we were counting on the com- pletion of this facility. However we have five more million gallon of capacity which we feel we are entitled to under the original provisions. Now, I'd like to change your point of view for a moment, last Spring Senator Poston, State Legislature, introduced a bill called good faith bill, sponsored by many members of the legislature to try to get some additional relief :from the sewerage moratorium limitations. eased on the principle that if a facility was not causing any environmental damage, and if a community was committed completely, to a major program of expansion, and had it financed and where they were going, had the plans drawn and so on, that they should be permitted to add more connections. The good faith bill was passed by the lesiglpture in the Spring of 73. The Department o Pollution Control finally approved an method of implementing it on March 18, 1974, over in Tampa, and I personally attended that meting in Tama. The new rules of the good faith bill do not have the same basic concepts of limiting the amount of pollut::.,m going into the ocean that the original methods that they 'w had. 82 APR `, 5 197-1 Now we are in a process of changing Over and it will take about 60 days to hold public hearings under the good faith bill, so we feel we need a little leniency from the County pollution cO: ttrol department. The County Pollution Cbntol Dept. by the way is the local agency representing the State Pollution Control Dept. It's powers have been delegated to the County Dept. As of today 1 have been pleading through the County Manager's office for some consideration by the local pollution control dept. and I am hopeful that we will be granted some relief virtually immediately to carry us through until we can complete these big facilities by the end of July. So that is where the matter stars and I appreciate it is a hot issue. I was not told in advance that the pollution control department was going to start refusing approvals. As you know we had that under our department activity up till the end of March and it was turned over to the County Pollution control. about April 1st. Mayor Ferre: Don't you see, Garrett, the concern we have here is that if the City of Miami were still functioning as the City of Miami Water and Sewer Hoard, then theoretically we wouldn't have any of these problems because we would have had the capacity, just as far as the City of Miami is concerned. What 1 don't want to see happening is, that after our generosity that we begin to get penalized for it. That really adds insult to injury. Mr. Sloan: One of the big things we are ap ncerned about on the over-all picture is getting the federal grants of 75% for the big projects on Virginia Key and we are having serious problems because of a law suit brought by the City of N. Miami. The federal agencies tend to favor the community with grants where there are 'no problems', in our community with one of the cities of this county actively suing the federal agency to stop spending money here. Mayor Ferre: We tried as hard as we could, we passed a resolution here and I personally spent many hours on that problem but on the other hand I don't want to see the City of Miami penalized for something that would be grossly unfair.,. Mr. Sloan: I have a request to make concerning this most recent action of yesterday of the Pollution Control Department for refusing the allocation of sewage flow at Virginia Key. I believe it would be helpful if this Commission passed a resolution requesting the County Manager to investigate the matter and attempt to resolve this as soon as possible. Mayor Ferre: I think you are absolutely right. Is there a motion. Let me word the resolution, and then if somebody wants to make it. Mr. Andrews: Can I add more item,Mr. Sloan night take into consideration and you might want to embrace in some fashion in the resolution and that is, would he also address himself to the principle, that since N. Miami has entered into this suit as far as the plan is concerned, does that relieve the obligations that were made insofar as the requirement of a line coming down through the City of Miami into th Virginia Rey Plant to handle their sludge. Mayor Ferret Why should that be in the resolut:ik.:4,---that 83 APR 25 974 410 is eoaething we are going to talk about. Plummer has asked for a °caplets report on the 30th. Let's not complicate this resolution, because if you start adding things to it, you get it all complicated. This only speaks to one thing. Dore is the way the resolution would go,- "Whereas the City of Miami, on such and such date turned over to Metropolitan Dade County its water and sewer board and assets, and Whereas, the City of Miami by so doing showed its goodfaith and cooperating with the Greater Miami C ommunity, so that the rest of Dade County can move ahead in being properly severed, and Whereas, this action was done to the betterment of all of the citizens,but not at the hindrance of the City of Miami. Therefore the City of Miami Commission goes on record requesting Metropolitan Dade County and the County Manager specifically to look into those aspects that are affecting cities, specifically the denial of building permits based on the capacity at Virginia Key,in the City of Miami under the premise that were the City of Miami to still have the Water and Sewer Department, there would be sufficient capacity at Virginia Key to accomodate these facilities." Mr. Lloyd: --that is the addition flow of sewage, isn't it? Mayor Ferre: That is right. You make it up any way you mint but that is the general trend. Mr. Plummer: Does the Clerk understand it? Mr. Southern: Yes, I have it here. That will be for the City Atty to prepare. Mayor Ferre: You put in proper language. Is there a motion, call the roll, ---- Thereupon the above motion was introduced by Mrs. Gordon seconded by Rev. Gibson, and was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOBS: None. Mayor Ferre: Thank you Mr. Sloan, we look forward to Laving a real heart to heart, eyeball to eyeball discussion on May 30th. Mr. Glen Goldberg: My name is Glen Goldbert, I am an Attorney at Law, I was here earlier this morning in reference to this particular problem, and 1 represent Brickeil Construction Corp and numerous other builders in the City of Miami, and it has come to our concern , that what is Dade County's positiol as from now to May 30 with reference to the issuance of pollution permits because right now many of these builders have mortgage commitments and its unable for them to obtain the: necessary permits in order to do the construction, meanwhile there's millions of dollars tied up . Mayor Ferre: Paul this is a matter of some • cohcorn for the City, ----would you call Mr. Goldberg and let him know what the initial reaction was, and if you need to :.r:~ it to our attention on May 9th. 1 - 84 P.PR r 51 74 • • Mr. pluMmer: Let me conclude by asking, Garrett, a question which I proffer to you, is there any question or any problem in your rind? Mr. Sloan: No, sir I understand them thoroughly,and we will be pripared on May 30th. Mayor Ferre:Thank you very much Mr. Sloan. 43, PREPARED RESOLUTION -FREE USE OF MIAMI BASEBALL STADIUM BY FEDERACION ATLETICA BASEBALL INVERNAL MtAMt Mr. Lloyd: Mr. Mayor I wonder if we might so the gentleman from the Federacion Atletica be relieved of his responsibility of staying here. We have had for some time the resolution prepared pursuant to the motion of the City Commission authorizing the use of the Stadium for 20 games plus the play-off to be played between September, ---- The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 74-336 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI AUTHORIZING FEDERACION ATLETICA BASEBALL INVERNAL MIAMI TO USE THE MIAMI BASEBALL STADIUM WITIDUT CHARGE FOR 20 GAMES PLUS PLAY-OFFS TO BE PLAYED BETWEEN SEPTEMBER 8 AND DECEMBER 15, 1974, SUBJECT TO THE PAYMENT OF ALL DIRECT COSTS BORNE BY THE CITY, PLUS LIABILITY INSURANCE; AND FURTHER PROVIDING THAT SAID ORGANIZATION MAKE ITS BOOKS AVAILABLE FOR AUDITING UPON REQUEST OF TAK CITY MANAGER (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, Mayor Ferre. NOES: None. 44, REQUEST TO USE STRUCTURE TRACT "A"-SIMBER SUB AND LOTS 1=4 PERCIVAL PLAT OFFICES,CLINIC,DAY-CARE CENTER BY HALO, Mayor Ferre: Father Gibson wanted to make a statement J.L. on item #6, so. ---- Father Gibson: Mr. Mayor and members of the Commission I have the greatest sympathy for children and elderly people and I think I have evinced that right along. I have some grave concerns about what we have before us here. I think that this committee as it is presently constituted, ought to tell the Commission that perhaps less paved and laid out area, even landscaped, is this area, ----and they are going to have to dig up all that paved area to accomplish some of the thing they are talking about, certainly in connection with Day Care. I've said this to them, --- this is nothing new, they know this. Let me point out to the Commission some things I have in my wind that concern ma You ys been here asking you about expanding the car garage bmsiness have No. 1 Highway right there, --remember those people ha tpere. 85 APR 251974 you have Douglai Road right there, and certainly if you are going to the one -stop governmental Center, you are going to need all that parking that is there. They don't have to destroy that parking area. They could do otherwise, and the reason this Commission needs to be aware of what I am talking about, is this goes On Mr. Andrews' shoulders. Rose, along with the senior citisene complain about having that peer group in the Virrick Park, in the Gibson Building. We made arrangements to move that peer group out and put then in a corner of that governmental center which is 'here the Drug store was. Very interesting thing, ----those young people proceed to tell Mr. Andrews and the others they don't want to move. And I'll tell the Commission now why I am concerned and why they don't want to move. You see, if they have to get out there and lay down on asphalt, the likeliness they won't lay down on asphalt,but if they could stay there in Virrick P atk, they can lay down on the grass, and do their thing. You are going to approve a resolution here in a very short While, to put them in a house, that you are going to acquire for $22,000. odd dollars. They want to even go in that house if need be,and I just wonder if you realise what a situation you will put the Grove in if you put them in that house, and if you let them stay in Virrick Park. I didn't want to say that, because you know, if I had, everybody would have said Gibson was opposed, Gibson was this. Let me tell you the other reason, why you need to put them in that government center, -- you need to make they get out within 24 hours, if you can. Be as reasonable as you can. Let me tell you this, if you let them stay in Virrick Park, and not make them go over in the Governmental Center, you see they could continue to duck and dodge and do their own thing. Now I live out there, I know what is happening. I didn't want to tell you. I tried to be polite. I know what is happening. But you see, it is so easy Mr. Mayor, you said earlier, you know, the people who are here are the users. Let me put it the other way. I live out there. Not one of these persons live out there. Not one. I live out there and I live with it, and I want it to be reasonable and tolerant, and I say to you; you need to make that peer group get out now. Let Mr. Andrews answer in public why they don't want to get out of•there. Secondly, there is no reason in the world, I am no planner, but I happen know that Day Care will go lots better in a park situation. We have a lot of green grass and play area than it would where you have a governmental center on hard,paved concrete and asphalt. I want to warn this Commission. I hope the Commission won't take my word but go see for them- selves. Nobody can say I am not for Day Care. Our Church gave an acre of land, valuable land, to establish St. Albans, so there is no question about Day Care where I am, and I west the Commission to be aware, and I want to tell them now, I` - against it, before you even make your presentation. I told you that before, you didn't pay me no mind, you thought I was going to be converted. I told you I wasn't going to be converted, because I told you of the dangers that face us, and not only that, now to tell me, you know I heard about'the 'Pack' Committee and all jazz, I as on the 'Pack' Committee. I am on that Board, I know the jargon and the arm -twisting that went on. I am going to leave it at that. Now put your presentation on, and let the Commission do what they want to do.. Mrs. Gordon: Let me ask a question, that arec, hat is designated as Day Care, is that a building or open space now? (Inaudible reply) 86 APR 2 51974 Bev. Gibson: Tell her that's inside the building. Mayor Perre: t am going to express en opinion even before you get started on this thing. It is not, that this is in a Black area, ---that has nothing to do with it. 1 want you to understand that. I want to say it openly, I say it the way it is. Father Gibson and I sometimes don't agree on things, but he has a vision of human problems better than any other man I know, and if he has questions,'its got nothing to do with this being a Black problem, or Coconut Grove or anything else, it is a human question, and if he has questions, until his mind is settled, that some of these things are resolved, I don't think you can get too much out of this Commission. My advice to you and I am sorry it happened this way, is that you make an appointment with Father Gibson and go over this thing. Perhaps he doesn't see the full picture. I `could not push this issue if I were you. at this Commission meeting, because I think it is. important that all members here have the opportunity to fully express and see the full view of this thing. Maybe he hasn't seen it, maybe you haven't completely seen his view point. Mr. Andrews: May I interrupt you for just a minute, one more element that I want to brief the Mayor and Commission on, ---the arrangements were all prepared to move the peer group to drug store area, and now we have come up with an alternate plan that would move them temporarily to the Grand Ave. Community building in a room we haveavailable there until this plan is completed. I would suggest, Rev. Gibson: Grand Ave. what? Mr. Andrews: --Grand Avenue Community Building, right on Grand Avenue. Rev. Gibson: Is that in the park? Mr. Mayor, let me say this, Z respect the Staff and technical knowledge, what you don't understand is what I am trying to get you to see. Put them in the Government Center, man. Look, I don't want a single one of you waking me up at night nor calling on me in the morning, --- let rao tell you some of my background. My wife is among the first nurses you had in New York City to deal with dope addicts. You all would not know that. I don't want to go into any more than that. I am begging you to spare this commission some problems that Rose had a vision about. At least the people told Rose. I was trying to bold them off the street, ----what is that, 'increase my courage Lord', don't increase my problems. Mr. Andrews: I think the thing to do if I may suggest to the Commission that is to follow the Mayor's suggestion and these people and Commissioner Gibson and I and some of my staff sit down and go over this entire plan to review it and evaulate it if necessary and see where we go from there, rather than make any decisions here today. If Mrs. Gordon: rather Gibson thinks the children don't bslong'there,--they don't belong there, what he is saying is, they don't mix well with what you are going to have on the other side, so keep them away. Right. If you need a Day Care, let's put another building up in Virrick Park and have another Day Care, -- Rev. Gibson: Rose, they don't need another bui.:',ing, e.) $7 APR 25 1" 1.� the space that the peer group is using, they could go and use that. Yen re eMber that building we built. what is the man's nags, father and son architect, design out there in Virriok park? Mr. Andrews: Channing? Rev. Gibson: Channing, right. Let him tell you whether or not there is space in that building. All you have to do is go see for yourself. abeyance, Mrs. Gordon: Okay, you are going to hold this in Mrr. Jones, H.U.D : May I please, Vice -Mayor, could I ask just this one question, that a definite date be set up that these plans could be reviewed or that we could see Father Gibson and talk with hia about it, because it is my understanding that the members of the department of human resources from the County Manager's office. had asked Father Gibson to sit in with them to review the plans before, and they haven't been successful to see him, so I am wondering if we could set up a date, Rev. Gibson: Don't you give that notion, ----don't you give that notion, let me say this, A.D. Moore and I have long been friends and A.D. Moore and i have discussed this matter. Mr. Jones: I am just passing on what have been passed to me, so I as just wondering if you could fix a date for the records, so we could get this straight. Rev. Gibson: I am prepared any day, any hour or in the aiddle of the night. Mrs. Gordon: I think we should defer any action on this matter at this time and that a meeting be set up, joint meeting between Representatives of this Commission, Father Gibson, and this group to come to some conclusion. Mr. A.D. Moore: May I just say a word, my name is A.D. Moore, County Manager's office, I wonder if all of us understand that this is to be the first of several,what we call comprehensive one -stop centers, to render social services to people. The only reason why Day Care is here, not only was there to be a small Day Care center but even a wall center for those people who eight go to the Center with children and would not have to carry that child all over the building while they are attending to business in that particular center. Mrs. Gordon: Mr. Moore aren't you terming it wrong._ when you say 'Day Care' what you really mean is a holding center, -- Mr. A.D. !bore: The section set aside there was to hold a limited nuaber of children, the space on the outside has already been identified and measured for whatever number of children you can acoomodate. I think, Mrs. Gordon: That is a different situation from what Mr. Moore: There are two situations, one for *Siding children while people attend to business in there, and one for working mothers without husbands, with staff late enough in the i// 88 APR ^5107:., • eVening to take tare of these children, -- — Mrs. Gordon: That 1111 a very temporary location. -- Mr. Moore:.. --and in our opinion, you only take care Of half of the problem when you provide a woman, maybe with employment, maybe with health care, and she has nothing to do with her child. We got this idea from some of the people in the Grove who operate Day Care Centers as well as a number of mothers, this is where it came from. Like Father Gibson says, 'no, no I don't live out there', this cane from the people who do. Mrs. Gordon: We are talking about two different things, apples and pears. What I think you are saying is, that while a mother is getting counseling, which could be an hour, her child will not be on her lap or walking around the room, but will be in a play area while the mother is in counseling, or whatever. Mr. Moore: This is one of the things, --- Mrs. Gordon: And that is not a daily occurence with the same child, it is temporary place for a child of a mother visiting, Mr. !bore: Then another thing I want everybody to understand, this is the first of at least four centers to be constructed in this County. Heretofore people had to go from charisma to Basheba for services. You go here for food stamps, you here for welfare, you go over here for health services, when they can go in one building and get as many of these problems solved, we are trying to make it convenient for the citizens of the City of Miami, Coral Gables and South Miami, that is all we are trying to do. Rev. Gibson: Let me say something to the Commission to let you know that Theodore Gibson really has good will. The one -stop governmental center for the members of this Commission cane from Theodore Gibson. We didnt' build houses as did the other areas. This was Theodore's idea and I want.to say this, if you tell sae you want a holding center, that is one thing, but' if you tell me you having a Day Care, that is another. And you could have a holding center in any one of those rooms you got down there. Don't let anybody kid you, I am not a sociologist but minored in sociology: Mr. Roy Dixon: If I may, my name is Roy Dixon, and I just have one comment and I am not going to belabor the point Mr. Mayor, I just wanted to say that our conceptualization for this building, we are using a very basic premise, that fors should follow the function, and I think in preparation for our subsequent meetings with the entire Commission and individuals on this Commission, that if we provided them with some background information in terms of our philosophical, and some of our program- matic approaches to the delivery of services, perhaps this can help us discuss the layout of this building in a more enlightened fashion. With your permission I would like to leave theme documents with you to be circulated and to be look over at your ctwenience. Mayor Ferre:.I recommend that you do this Mr. riron, that you leave this upstairs and that at an appropriate Y.ise $9 APR 251974 • you Make an appoint*snt with Wilber* of the Commission and dismal this in mare depth. We have a emotion for deferral, --- Mrs. Gordon: If the motion is still appropriate I'll have to as}C Father Gibson, if this is what he wants. Rev. Gibson: I don't want to have a closed mind, because they may want to get rid of the kindergarten and go to a holding center. That is all right with me, you could agree on that right here if you want to. I want to tell every- body this, .1 am not going to vote for no Day Care there. because of the danger involved, No. 1 Highway, and because of Douglas Road. Plus, I think, we Black folk are going to have to understand that parking is always necessary and we don't have to park in people's yard, that is the one place you have adequate parking to do a one -stop governmental center job, and that is part of the reason I am opposed to taking up all that pavement and the like. You have Virrick Park, we spent thousands of dollars in Virrick Park and you can't imagine even the same property that you now want to use, I was a part of the citizens who begged the City not to zone it the way it is zoned. Mrs. Virrick and I fought like a dog, I want to tell you, -- Mr. Dixon: I think we dan dispell and I think we can address those concerns you have Father Gibson when we call our next sleeting and I think we will have good news in terns of, now, Mayor Ferre: Thank you Mr. Dixon, we have a motion Mrs. Gordon: ---to defer? Mayor Ferre: Yes, --- Mrs. Gordon: --any time? Mayor Ferre: You want to leave it for the meeting of the 9th or the 23rd? Rev. Gibson: I could meet with the Committee in the morning, that's how important it is with me. ry Mayor Ferre: That would sake it the 9th. Rev. Gibson: Tomorrow morning at 9:00 o'clock. Mayor Ferrel Is that all right Mr. Andrews? Mr. Andrews: Yes, fine, ---- Rev. Gibson:You can be my guest, you can come to place or I'll meet you there. You just tell us. Mayor Ferre: We have a motion and a second on deferral of this Item to May 9th. Any further discussion? Cali the roll, ----- Thereupon the motion to defer this matter '.o May 9th was introduced by Mrs. Gordon, seconded by Mr. Rebc:yc, ..Mc passed and adopted by the following vote'- AYE: Rev. Gibson, atr . Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. N0ES: None. 3 90 APR 251974 • 451 PERSONAL APPEARANCE -GROUP OF MIAMI POLICE SERGEANTS TO DISCUSS PROMOTION OF SERGEANTS - REPRESENTED BY IRVING WHITMAN, ATTORNEY Mayor Peres We have membere of the Police Department Who want to be heard on this item, so I think the best thing tO 40 is tomany want to speak? Mr. Andrews: Mr. Mayor and members of the Commission, may I please refer you to the agenda the way it was laid out. there is a continuing discussion on the police officer entry examination which Mr. Mayor you asked be placed back on the agenda as a result of the way the Civil Service office made the selection of the last in -hiring police officer register. Then following that, was to be a personal appearance of Mr. Otis Davis, who had requested to be heard the last time. Mayor Ferre: Is Mr. Davis here? Mr. Andrews: I believe he is. Mayor Ferre: These are three separate items here, you are not here to speak on 43A are you? Unidentified person:I am here to speak on behalf of these police sergeants . ' Mr.Plummer: Let me clarify it Mr. Mayor, if you will recall Sgt. Printz at the last meeting indicate that a group of officers I think numbering 12, is that correct, had filed a law suit at the expiration or just before the expiration or just before the expiration, of the present register as it existed for sergeants which died. Their contention was based upon the limitation by the Police Chief and the City Manager, of elimination of positions that these positions should not be abolished and that these men were entitled to be made Sergeant from the current register. What you don't know is, that that was presented to us here at the Commission meeting last week, it was the action of this Commission that No. 1 if it was possible and legal to re -activate the old register that that be done. If that was not legal, then No. 2, the police chief and the City Manager were not to make any new sergeant appointments until the new exam of December 1. That brings it up-to-date. Now, Irv. this doesn't preclude nor does it in erfere with your law suit in behalf of these 12 men. You are welcome to speak by invitation of the Mayor, but as it relates to this agenda you are not on it. So I think through the invitation of the Mayor you may speak. Mayor Ferre: You want to speak to this item. Irving Whitman: Yea. I'd be most happy to take voluntary non -suit at this time if you give me an affirmative vote. Mr. Plummer: I'm sure you would. You have no law -suit. if we give you an affirmative vote. Irving Whitman: I was not in the picture at the time that was before this body, but let as clarify some of my thinking on this, and I hope you agree with me. When this list ran out, there were positions open on that list. Ile would not have a standing and I agree that if there were no positions open, and no funds budgeted for thos positions, that there would be any.stb-iding. But there were positions open, the funds were budgeted feet those 91 APR 251974 • • positions and if you look at the legal opinion, you will find wording that gives the right to rot -activate this list in ay opinion, for this reason. When these mien joined the police department, yo* asked the* to put it on the line for you, for the City. That is what you did. You asked the* to put it on the line. Some of the incentives were. promotion, raise in rank, raise in pay, pension, and that is about all these people look to. Is this City and this Commission working in good faith with these men, that contractual liability, and I say liability of this City to these men, when they and I say on a daily basis, put it on the line, out there on the street, they pass a promotional exam which was promised to them, if they would pass it they would be promoted, they are on the list, the positions are open, the money is there and you say, and I say it is arbitrary if you say no we cannot give you those open positions now, because the list has expired, but it had not expired when you could have made theme. I say that is not acting in good faith with these men, and I say because of that premise, you can go back and reactivate it to show the good faith to these men, because they are entitled to it. If you start a new exam, and take men from that exam, I say you are not actimg in concert to what you promised them. Mayor Ferre: Let me speak to that, and I'll recognize you, and any other members of the Commission. The motion that was passed at the last meeting here, spoke to what you are saying and even though somebody else made the motion as I recall, I worded it, so I was involved in the wording of it, and I specifically said that the propmotion should be made from the register, if that is legally possible. Period. There were no buts or ifs or anything else. If that could not be done, and the motion spoke to the alternate, if the first were not legal, the only way the first would not be done, is if it were not legal. I am not a lawyer. We in the City have to go on what our attorney tells us we can do legally. I have before me a memorandum dated April 25, have you Bien it? Mr. Whitman: I just glanced at it a few moments ago and I see some wording in there that impresses me. Mayor Ferre: I'll give it to in a second, but let me read into the record, the key question, can the register vs. eligible promotion to police sergeant, which expired two weeks previously be lawfully reactivated, and candidates on that register be promoted at this time. Sere is the last paragraph, Mr. Whitman: Read the paragraph before that Mr. Mayor, Mayor Ferre:--the rule further provides that the board may abolish any register which has been in effect sore than one year. It also provides that whenever the City Manager establishes a promotional freeze for economic purposes, that the running the register shall be told and the life of such register shall be extended for a period of time equal to the time ---- Mr. Whitman: Precisely? --- Mayor Ferre: That is what you are speaking. oer ow MI =II Mr. Lloyd: I'll take care of that right now, ctually there has been no freeze, Mr. Whitman: And exactly right, and I agree,-- -- Mayor Ferre: Further it reads, 'my investigation has 92 APR 251974 revealed that the register in question was announced by the Beard on April 4, 1972 and expired on April 3, 1974. There was ne promotional freeze to the grade of sergeant during that period, therefore, regularly established rules, subject register expired on the day before the second anniversary therefore it cannot now lawfully be revived. Mr. Whitman:We are not asking for this to be extended. That is not the point. The promotional freeze comes into play when there are not positions open and no budgetary funds for it, but there were positions open before the list expired, and the funds were there for these men to be named and therefore we are not saying we are extending it or take it back, but give them what they are entitled to on April 3, 1974. What's what they were entitled to, to be made Sergeant because of positions and funding was open. Mr. Andrews: Mr. Mayor and members cf the Commission, I am perhaps saying something the City Attorney should say but i am going to say it and then let him back it up, to 4et it on the record. You couldn't act on this if you chose to act anyway, but what the Attorney is eluding to is a memorandum that has existed since 1963 that took specific sergeants positions as a result of a study and a determination by the City that these positions would no longer be required but that rather than eliminate sergeants and reduce them in rank, the City chose a course of action which in a sense grandfathered, and the memo randum addresses itself to that language, grandfathered a certain number of sergeants by name into to sergeants positions as long as they remain with the City and not leave the City, upon terminating their service with the City,the position was eliminated and when the position was refilled, it would come in with a new applicant and lower rank. There was only one deviation, one change in this basic approach during the years, and that was, I believe from some of the employees, if not in fact Sgt. Salerno, having gotten together with the Chief indicating that when the Sgt. who was grandfathered, remain with the City and promoted to Lieutenant, couldn't they then promote from the Sergeants list, and fill that grandfathered position, and that concession was made and there were perhaps three or four such appointments. I don't have the number before me, but my memory indicates it was three or four. Other than that we have been continually dwindling down this list of grandfathered positions. That is what I think they are referring to as positions available and funds budgeted. Mr. Plummer: Was there anything, Paul, out of fairness that was told to these men when they took the sergeants exam, that during this course of this registry, that you were planning, on eliminating 12 sergeants positions. Mr. Andrews:Yes, sir, there was an announcement made in 1963 that there were about 25 or 30, I don't have the memorandum before me, but those were by particular name of people, not by positions. The positions, according to my interpretation, were eliminated.in 1963 and we grandfathered people into that classi- fication and thus were not budgeted as positions, but budgeted to accomodate people who were sergeants until such time they left the City. We have had sergeants openings other than thocn we grandfathered that we have taken off the list and continually filled. and removed or used approximately 35 or 40 persplav off that list, I don't have the exact number. 93 APR 2 51974 Sgt. Mn Harrison: Mr, Mayor, if could address this issue. I am Sgt. Ken Harrison, Vice President of fraternal Order. "' to what Mr. Andrews is abiding to did take place in 1963 as a result of a survey, they did not grandfather positions, they grandfathered people, this was a merging of detectives, and uniform sergeants into one rank of sergeants of police. Now they did not grandfather that position. They grandfathered the individuals into the ones that were detectives, could only be utilised in plain clothes or detective work, criminal investigation work, the ones that were existing as uniform sergeants could only be utilized in uniform work unless they signed a waiver. What we submitted, ---when this list that recently expired on April 3rd was first established two years prior to that, the Chief and Manager did promote six grandfathered positions. When this list was one year old, they announced they would not promote any further from the grandfathered positions. Since that time. excluding the one that Mr. Andrews mentioned despite an. agreement between the fraternal order of police and Chief Garmire, he abolished a positions. When we spoke to him about it, he recreated that positions. There have been two other positions of grandfathered status been promoted for. What we are point to you is, there are inconsistencies, this is an arbitrary ruling, there are eleven msen,.the first eleven men that were on that register are entitled to those eleven positions. And that is our issue. Mayor Ferre: Paul, you are shaking your head, but what he is saying is so, then I think the man Mr. Andrews: Mr. Mayor excuse me for interrupting you, Y.ut to cut it short, after the first year, when there was 4 or 5, 1.:e says 6, and I'll accept that, 6 people were promoted into grandfather positions, and then stopped, there was an admission then that there was an error at that point and it shouldn't have tleen stopped because the committment was made as it ran the first year, that when people were promoted to lieutenant from this grand - fathered position, that was not leaving the City, that was not the person who had been set in place and grandfathered, leaving the City was promoted, so then we reactivated the principle that was r,rigin.tl.ly established and admitted to the mistake. Sgt. Ken Harrison: Mr. Mayor I said excluding that specific example. There are also two other positions that were grandfathered status and were promoted for since the decision, ---- Mayor Ferre:----other than this,---- Sgt. Harrison: ----other than this, yes, sir, ----- Mayor Ferre:---what Sgt. Harrison is saying is, that this is not only one: this is not the only case where this has happened. Mr. Plummer: What about the 6 men that were last year Bade sergeant? Sgt. Harrison: Mr. Plummer, as I understand thpt, they were six positions that were created by the then City Nar.rer Mr. Reese, on the last day of that register, would have nothing to do with this particular point. Mt. Plummier: You are saying that was two years m'.;;:.? 94 1PR 251974 Sgt. Harrison: That was two years ago, yes, Mr. Plummer: What doesn't wake sense to me, why would you have a mOratoriuw on twelve, but create six new,--- Sgt. Harrison: That is good point, sir, originally the Police Dept was requesting in next year's budget 6 new sergeants. This was another question that has since been deleted when we brought this point up. There are several inconsistencies that we would like get resolved but our gain point is that we feel when this list was due to expire, there were eleven vacancies. We feel that the next eleven men on that register were entitled to those positions. •Mayor Ferro: Sgt. I'll tell you, I would like --what you are talking about is an important matter. There happens to be a discrepancy at least. I would like for you to document, you are specifying three cases. I want to know who, when what time it happened, I want a copy and I want you to give a copy to mothers of the Commission and Mr. Paul Andrews. Ybu dont have to do now, unless you are ready to do it. Sgt. Harrison: We have that information, but we don,t have it with us today. We can bring it to you. Mr. Plummer: There is nothing going to happen between now and the next commission meeting, so you go back and get your marbles in a row, present them to the City Manager, then hopefully we can do something by the first Commission meeting in May if its there. Mayor Ferre: Rose, you want to say something? Mrs. Gordon: No, it is very interesting, I want to get Mr. Lloyd to reaffirm that we could in fact do that now, legally, Mr. Lloyd: Do what? Mayor Ferre: Open the register, --- Mr. Lloyd: No, you cannot, Sgt. Harrison: You would just be promoting positions that existed at that time. You wouldn't be extending this register. Mr. Lloyd: The commdssion can't do any promoting. Mrs. Gordon: I an not saying the commission can do it, I am just saying can it be done. Mr. Plummer: Wasn't this law suit filed before the *hosing date? i Sgt. Harrison: Yes, sir, --- Mr: Lloyd: I'll explain that, just hold a min -ate, ---- Mr. Plummer: Don't explain it now, explain it the first Mr. Andrews: Mr. Mayor and members of the Commission. 9a APR 251974 there is one Complication here and that is, there is an and/or in the reso1utie that exists, and time is running on us as far trying to get the Chicago firm, which 1 have to re -negotiator a 0ontraCt, - Mayor Ferrel Ybu have to do it anyway, Paul,d.--- Mr. Andrews: Well. I want to get that from the commission to go ahead and do that, Mayor Perrot Au have to do it anyway, if it is legal we are going to do it from the register. Mr. Plummer: He just said something that bothers me, what have you got to re -negotiate, Mr. Andrews: Because when we were talking about,----, _ Mr. Plummer: ---if re -negotiating, costs more money, ---- Mr. Andrews: No, it is costing a little less than what was stated here, because I've got a two year agreement with i one year contract ,---two years at a $180,000. roughly, -- Mr. Plummer: How is that cheap? Mr. Andrews: When both consultants were here they told you it was approximately a hundred thousand dollars per year. _ Mr. Plummer: Whatis in the federal revenue of $52,000. Mr. Andrews: That was for the contract I had negotiated to carry us up through 8 months with a sergeants interim exam. You are not asking for a sergeants interim examination on Dec. let, you are asking for the complete examination to be ready. That is What our discussion was all about at the last meeting. Mr. Plummer: I thought our dissuasion at the last meeting was only as it related to sergeants. Mr. Andrews: No, there was lieutenants involved. Mr. Plummer: No, it was not, Mr. Andrews: You were consentrating on the sergeants but you were also talking about the lieutenants . Mayor Ferrell Those exams that are being made to the best of my recollection, was strictly the sergeants and lieutenants. Mr. Andrews: I an sorry I said anything about the lieutenants. Strike that. Let's stay with the sergeants. Mr. Plummer: But still I want to get back to the other point. We set aside 52,000. and wern't happy at all with that price. Now you are telling us you have a good deal. Mr. Andrews: It is about ten thousand dollars a year less than the hundred thousand dollars quoted by both consultants vim you asked them how much approximately it would cost ?er year, and their response was approximately a hundred thousand collars. 86 APR251974 • Mr. pluMaer: Paul, you and I didn't study aathematiCe at the Sams schoui. Irv, I don't know where the Mayor went, but let amps just pint it up for you. -in summing up, say this, you have heard the City Manager's contention. The City Manager and we have heard both contentions. The Mayor has asked you to document everything that you have in your favor, present it in apple time for the City Manager, the City Attorney to look into hopefully, you can coals back before this Commission on the 9th day of May and tell this Commission, No. 1, you can act, or you cannot. and No. 2 this is the latitude in perimeters you have, and take it from there. A11 I am saying to you is go home, get your ducks in a row, pre- sent it in documented fora to the City Manager, in no way does this jeopardize your law suit: Mr. Whitman: Who shall I present it to? Mr. Plummer: The City Manager. Mr. Whitman: You shall have it. Mr. Plummer: Just for the edification of the Commission, you might think that Mr. Whitman knows a lot, and I don't know if all of you are aware, he should, because for many, many years he was a policeman, and studied and made himself a lawyer. I congratulate him. Mr. Whitman: Working for the City was the best years of my life. I couldn't afford it, but it was great. Mr. Plummer: I don't think we need a resolution, because there is no action to be taken by the Commission, ---- Irv, in fairness to the City Manager, let's put a deadline, you must have this in his hands by the 1st day of May, or it will not come up on the 9th of May, ---no later than, okay? If it come up after the 1st day of May, then it would be heard on the 2nd meeting. Okay? 46, PERSONEL APPEARANCE- OTIS DAVIS, PRESIDENT,MIAMI COMMUNITY POLICE REGARDING BLACK POLICE, APPIICANTs BENEVOLENT ASSOCIATIO'l Mayor Ferre: Mr. Otis Davis, ---- Mr. Otis Davis: Thanks for giving us some time to present our package here, Mr. Mayor and Commissioners, my name is Otis Davis, I am President of MC PBA. It has been brought to my attention there is some discrepancy which we have in our academy which I'd like to point out maybe you can help us rectify some of these situations. As you see before you, it's a chart drawn up showing the outline of steps you take in order to enter from the time you, a written examination and enter into the academy. After you take the written examination, it is one to ten weeks possible before you are contacted for an applicant for the Civil Service exam. That is step No. 1,---step No. 1 is a written examination and a background check, is done at step No. 1. After you have taken the written exam, from one to 10 weeks you are contacted from the civil service bo::zd for the result of that exam. No. 2 step is where you have a medical examination by the City Doctor. 9i APR 2 51974 No. 3 is an area where. -there is a polygraph exam given , and this is the area we would like to mention, ---there has been a little controversy because from my understanding the polygraph exam was supposed to be given by a polygraph expert only, ndt by police personnel, and in this area we have had police personnel giving polygraph examinations to applicants. Mr. Plummer: We will go into that a little later. Mr. Davis: All right. I think that is a violation. You have a physical one to two days after polygraph tests, then we have physical agility exam which is administered and this is an another area which 1 have personnel here today who can attest to some of the discrepancies we feel in this particular area. Next we come to the oral review Board and on the oral review board, it has been brought to our attention that it is administered by police personnel. It is our feeling in this area of all areas we need someone who has professional care in this area such as a psychiatrist, or somebody with a sociology background who can give some in -put as testing applicants for their mental fitness to come on to the department. In this area we don't have that kind of situation, and we would like the Commission to look into this area and see if this could be done. I think we could eliminate a lot of problems if we had someone who has a professional background who could assist the policemen on this board . 1 don't think the policemen should be eliminated, but I think they need assistance in this particular area here. The next step is the EKG test and this is all needed and the next thing we have, Mr. Plummer: Can 1 stop you,----1 just sit here and raised hell about the fact that we are going to be spending all kinds of dollars with the University of Chicago, which was the gnoup both agreeable to the City and the plaintiff of the law suit, one of the things are the functions they are going to be doing is monitoring this Civil Service System as it relates to, ---- Unidentified Person: ---Blacks,---- Mr. Plummer: and Latins and everybody. It seems like to me, if we are bringing in an independent body we are paying them some mighty good shackles, that this is the area where the authority or the monitoring of this system should lie, because they are the ones as I understand it, who are going to be making recommendations to the Civil Service Board to make changes in the procedures. Someone correct if I am out of character, and for us to sit here and hear this today, which I have no objections to, 1, think it is out of character, because we are not the appro- priate body who can do anything. If you disagree with that, let me hear it, but the way I read the picture, you've got to talk or confront with the University of Chicago. Mr. Davis: Mr. Plummer, 1 disagree with you, to my understanding the outside agent was picked to administer the and promotion exam. Mr. Plummer: You didn't read the order. Mr. Davis: I stand to be corrected if that is not true. 90 .APR 2 51974 Unidentified person: Mr. Plutamer, that is my understanding alga, that they are to create a test and administer the written exam. Mr. Plummer: And monitor. Mr. Andrews: Carry that process all the way to the point that they will ecubmit to the Civil Service Board a register for ratification by the Civil Service Board. Unidentified person: Yes, but would that include, including a professional person on our oral interview board? Mr. Andrews: You may not have an oral interview Board as it is now constructed or constituted. We don't know for sure what kind of review Board the University of Chicago is going to.recommend. They are going to tell us what. is needed to carry this our so there is no bias on anyone's part to anyone. Rev. Gibson: Let me ask a question.Some things are bothering me. Am I to understand that based on what is being said, that the firm that we have employed,- will tell us whether or not those steps ought to be followed. I want to raise that. Mr. Andrews; Yes, or new steps added, some steps eliminated, an oral board or no:oral board, or how it should be constituted. Rev. Gibson: If I understand what he is saying is that,1--I am like you, I wasn't fully aware that they had the authority to really tell us. They have the authority to tell us, we don't have to follow these steps, or that we ought to follow them, is that what you:are telling me? Mr. Andrews: I'll let the City Attorney tell you more fully so that, ---- Mr. Plummer: Speak of someone monitoring, that means that at all times they're going to be in constant observing, Rev. Gibson: Let me point out one of my difficulties. If you say to a person, an applicant, fill out this form, and for instance you give them the polygraph test, what I heard, Doctors Toomer and Sanchez saying the other day, was that you can save time and money and not get the hopes of people up, if I am not right you correct me, by not letting them go to the polygraph, that far, that those things you can do right away. Isn't that right. Mr. Davis: That is true. Rev. Gibson: What I think they are trying to point out to the Commission, I may be wrong again, they are trying to tell the Commission how you are washed out and washed up, and what we also need, if we want to correct inequities, we need to say to the examiners, just what J.L. got through saying and we need to make the examiners aware, or somebody ought to make the examiners aware that Toomer and Sanchez pointed out that these steps ought to be taken earlier in the game rather than later. Mr. Plummer: Father I think that is what I just said, that their presentation should infect be made to the people who ars going to be making the recommendations for change. IPn211974 • Rev. Gibson: Fine. I want to make sure they have that opportunity, plus, based on that chart, if 1 see it correctly, that there are some inequities, Mr. Andrews, if you would point out to that team. That chart shows Some inequities which we hope the inequities, that it will be recommended that these inequities are done away with other- wise these men would have to come back to us to do away with the inequities. Mr. Andrews: Mr. Mayor► and members of the Commission with your permission, and Mr. Paulk is at the microphone, I'd like to ask him a question so there is no misunderstanding, is it your impression. your understanding from what the City Attorney has ruled, and the processes that we are following, that the University of Chicago study team is going to take over and examine this whole process up to the point where the register is submitted to the Civil Service Board. Mr. Faulk: Mr. Andrews, in response to your question, I don't see it that way. I honestly don't see it that way. The way I understand it, is that they will be charged with the responsibility of No. 1, developing the entrance examination which shall be a valid examination to determine the reasonable fitness of individual to proceed into the Police Dept. on the basis of a written exam. Secondly, they are likewise charged with the responsibility of developing all the promotional examin- ations. Not only the preparation of it, but the monitoring at the time the examination is taken by the people who are interested in taking the entrance or promotional examination. That I think, Com- missioner Plummer is what the term monitoring consists of. They are in effect, are other things that must be followed that the University of Chicago is really not charged with such as, the reevaluation or the evaluation of the medical standards, and they are not really in a position to evaluate the medical standards. The Court order has directed that we engage the assistance of the Dade County medical Association to evaluate those medical standards and then it sets down a procedure that is to be followed upon conclustion of that. Rev. Gibson: I could agree, but I don't know who is going to monitor this. Tell me this, ---Sanchez and Toomer pointed out to us, and I won't forget that because it came through loud and clear, that if you let me go from step 1 to 5 and wash me out, you could have done that simultaneously, you could have done 1, 2 and 3. For instance, why let me take a polygraph test to find out,what is that, ---- Mr. Davis: moral character and sexual behavior, ---- Rev. Gibson: -----well all right, ----all I am saying is, all those things could go one time. That is what they were telling us, I heard it loud and clear. Mr. Plummer: What did you say the polygraph was for? Mr. Davis: Moral character and sexual behavior. Rev. Gibson: Is than what it is for. ---- Mr. Faulk: That is the purpose it is used for. Mr. Plummer: Are you telling me the polygraph •:hat is presently being administered by the Police Dept. dwell, in a man sexual behavior? 4 100 APR 2, 51974 Mr. Davis: Yes 1 am, Mr. Plummer: You just bought a tiger by the tail. Mr. Paulk: Let me clarify that, because there seems tb be some disagreement. Mr. Plummer: I mean from the beginning, are we talking that this exam is being monitored by the Police Dept. Mr. Paulk: In 1963, Commissioner, this police dept. prevailed upon the Civil Service Board to permit them to use a polygraph as a pre -employment screening device for all police officers, and they outlined the types of questions which they would use, which dealt with moral terpitude including the in- tegrity of the individual of whether he had ever been involved in any thefts, or whether there was any sexual deviation practiced or participated in by the applicant seeking to become a police officer. There are numerous questions, but they evolve around that subject. In 1971, in May, as i recall, the Civil Service Board in addition adopted the use of the polygraph examination not just for police officers, but for everyone who was selected as a,candidate for employment, and when I say that now, under- standing that we have many applicants who do get on registers and many who do not. Those who do get on registers, some are accepted by having been referred and some are not. Those wbo are accepted as a possible candidate for whichever department it may be, the Board sets forth the policy that they would be examined on the basis of their involvement in the use of illegal drugs, and there are 12 questions which everyone who has been selected regardless of what position he or she has been selected for, who goes through that very brief encounter with the polygraph examination which deals; only with the use, sale, or what have you, in the use of illegal drugs. The other polygraph that is administered to the police candidate is more extensive that. There is also a more extensive polygraph examination in the use for the personnel who work in the recreation division of the Parks Department to determine whether therefore any sex deviation background with regard to the people who are going to be working with the youth in the parks. So we have two types of examinations that are administered, one for Police and one for Park, and then a third which is the overall polygraph examination administered for every candidate that has been selected. Mr. Plummer: What happens to the results of those exams Mr. Paulk: The polygraph exams? At present, the Board is concerned, and I'll answer your question, the ---- at present, the individual is examined in the Police Dept because they are the ones who have the polygraph operation. we don't, the City Manager's office doesn't, no one else does, therefore we are fixed with that fixture and must utilize it. There is a civilian polygraph operator and there have been two on occasions. The polygraph results are submitted forthwith to so for a determination as to whether a person meets the qualifications under the drug standards for any positior with the City. A copy of that is retained currently in the polygraph office by the polygraph operator which is under the command of the police department. Be likewise maintains his charts it that office and very few people woyild be able to interpret them, anyway. 101 n:pR ? 51974 • • But that is that is happening now, the charts are maintained there, a copy of the report comes to the Civil Service office Which I review, is kept in that office. One thing I believe everybody should bear in mind is that polygraph was not something that has been here with us for 30 or 40 years, it was something relatively new in the 50's and it was something that was keynoted in the Police Department by police officers who were trained and really developed. Holmes is one of those who did. I think Helmer was one of those who originally the individual who did many of the polygraph examinations for those peculiar classification within which the polygraph procedure was authorized, but since his departure there have been others who have come forth and there have been many police officers who have been trained in the use of the polygraph operation and have been certified, and there are those occasions *hen our civilian polygraph operator who really works for the police department, when he ie not present, that in effect. there is a police officer who does fill in and administer the polygraph Mr. Plummer: Bob you've gone into a great detail and I appreciate it, but let me tell you something, from my own philosophy (inaudible) I am going to tell you something. if you get that depth into a man's personal life, especially if the man is not accepted for appointment. Those records are retained by anyone other than him, I think somebody is out of character. That is personal opinion. Mr. Paulk: Commissioner I can only that the original that comes to my office is separated from the application, and is not maintained in the file with the application, but we have people who -- Mr. Plummer: ----in my personal opinion if that man is not hired, that test result should be given back to him. Mr. Davis: This is one reason we have it on the agenda. Our main purpose, we addressed it to that particular area, we are not indicting that polygraph examination because it is good. I can attest to it being good because i broke a murder case not long ago as a result of the polygraph test. The only thing I am saying, the polygraph test for applicants should be taken out of the arena where the police department is, and to a separate situation where it would not involve any police activity at all. Mr. Andrews: Mr. Mayor and members of the Commission I think you can move along on this, with the assurance that we are evaluating this. The Civil Service has asked me for an estimate of what it would cost to establish this function in Civil Service and this is being considered right now and should be resolved in a short time. Mr. Plummer: would it help if this Commission went on a Motion of intent. Mr. Andrews: I don't think that is necessary. Wet see the wisdom in achieving it this way, and we understand the Civil Service office's position in this matter. The police department is performing a service to them which they art. responsible for this. It is something they should control, and be responsible for completely. 102 APR `%51974 • Mr. Plum er: Well let's get back to this thing here as it directly affects these people. what is your recoaMendation. Mr. Andrews: As far as the polygraph? Mr. Plummer: No, sir, this overall presentation that they'.ve got to hear. Mr. Andrews: This is something that has to be discussed with Civil Service until I find myself in a role of making some decisions. This is a matter that is more or less completely controled by Civil Service at this time, until ---- Mr. Plummer: Mr. Davis, are you taking this to Civil Service at this time. Nr. Davis: No I haven't Mt. Plummer, Mr. Plummer: May I suggest something to you? May I suggest you make an appointment with Mr. Paulk and get this matter before the Civil Service, if they then take no action, that you make application to come back on this agenda, but you as well as we, must follow proper procedures. I agree with Mt. Andrews that the proper procedure is that you first present this to the body that can take immediate action, if they see fit, and 1 think at this time, and I hate to tell you this, because it is going to delay, but you know this commission is in a unique position we cannot tell the Civil Service Board what to do, and I am a strong believer in this. Mr. Davis: Mr. Plummer I realize that, the only hope 1 had of focusing attention on the overall situation in making the Commission aware of how acute the problem is, Mr. Plummer: Mr. Mayor I offer you a motion at this time that we adopt a motion asking the Civil Service Board to give this matter their immediate attention. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: • MOTION N0. 74-337 A MOTION REQUESTING THE CIVIL SERVICE BOARD TO GIVE IMMEDIATE ATTENTION TO THE MATTER OF CIVIL SERVICE ENTRANCE EXAMINATIONS FOR POLICE OFFICERS AS DISCUSSED THIS DATE Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre: Noes: None. Rev. Gibson: Before you leave I want to ask you a question, what is an oral ' . In spy business that means one thing. I want to know what it means in your businesz. 'Mr. Paulk: In my understanding of it, Commissioner, the police department as it was explained to the Board a little over two years ago, implemented a procedure that was ndw, which Qw APR 2 51974 • established a peer group of police officers, and officers, Sgt. and Lt.s to be involved in the pre-screening selection by intervkewing an individual to determine whether or not they felt that he reasonably would fit in the police department as a police officer. That is the way I understand it. There is an interview process and this has been explained to the Board. Mr. Plummer: Bobby, this thing really bothers me. It really does, about this polygraph. Will there be any more polygraph tests given between now and and the new register? Mr. Paulk: You are speaking of a promotional register or entrance register. Mr. Plummer: Either one. Mr. Paulk: Nell, there are no polygraph administered to people who are in house. Once they are employed it is all over. Only for entrance is the polygraph administered. Yes, there will be polygraph administered. Mr. Plummer: I'll tell you what I'd like for you to do. I'd like for you to send every member of this Commission a copy of the questions which are used for new applications. If there's three, I'd like all three questions. I have some real serious concern about that thing. Rev. Gibson: J.L. let me ask this one further. I want to tell you all, the way we get it in the ministry, you have an interviewing board, guys go up and the Bishop and the Committee. is that what you are telling met Mr. Paulk: In effect that is it, I believe. Rev. Gibson: I want to tell the Commission something. Fortunately I have been in the position where I always had the favor. You would be in one devil of a fix if you aren't in the favor of an oral board. I thought that's what i heard. I am not going to deal with it but I am going to watch that oral board because the first thing I am going to ask when you come back if you keep it there, and this isn't to ask you to move it, --- how many on there, who are they, what kind and how. Mr. Paulk: You want to know that now? Rev. Gibson: N6, I am like J.L., I want you to do that in-house. Mr. Plummer: Bobby I hope you will send these questions. Mr. Paulk: Yes, sir I'Il see that you get them. Mr. Plummer: Once before this was done, as I recall, ere was something on there relating to the sexual behavior of people, and I was told at that time that it was under proposal or study that that was going to be removed, and I think if I dig far enough in my file I'll find it. That has been enme two or three years ago. Be prepared on the 9th of May for some serious motions. Mr. Davis: Thank you for your time Mr. Plummer. I just want to point out one thing, along with what you were i'? 104 APR 251974 saying there, the thing we thought about was we need somebody professional who could seek who would be a sex deviate, or have some sex is what we were talking about, somebody from level., the fact that out personnel tendency, this the professional Mr..Plunimer: You are in a real tender area as far es I am concerned. Mr. Davis: Thank you for your time. Mr. Paulk: Before Mr. Davis leaven, I wonder if this would have any real effect on, and I ask it for your benefit, because you are being set apart to the Civil Service Board and the concern is, as to whether or not the University of Chicago, and I don't know if you have any opposition to them or not, but Mr. Andrews needs to know where the City stands in the selection of the University of Chicago, and if you are really posing a question as to the credentials of the University of Chicago handling it, that is why I asked the question. Mr. Davis: No, we have no qualms at all with the University of Chicago. We are in accord with that. Mr. Plummer: Let's go on record, and keep the record straight, so there will be no misunderstanding, that is that the plaintiffs of the law suit, I don't know if you are included or not, but the plaintiffs of the law suit are the ones who reserve the right and they agreed with the University of Chicago. Mr. Paulk: I realize that but I am not sure who all the members are, Commissioner, I just want to be absolutely certain. POLICE 47, POLICY' OF COMMISSION BEPIRED REACTIVATED ANDGPROMOTIONS OMADEAL FROMATHATTION REGISTER, IF POSSIBLE, The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-338 A RESOLUTION ANNOUNCING THE POLICY OF TRZ COMMISSION. OF THE CITY OF MIAMI TO BE THAT IF POSSIBLE THE EXPIRED POLICE SERGEANTS' PROMOTIONAL REGISTER BE REACTIVATED AND PROMOTIONS -BE MADE FROM THAT REGISTER AS NEEDED AND IF THIS IS NOT POSSIBLE THEN THE UNIVERSITY OF CHICAGO TEAM BE INSTRUCTED TO FINALIZE THE QUALIFYING EXAMINATION FOR SERGEANTS, MEETING THE REQUIREMENTS ESTAB- LISHED BY THE FEDERAL COURT AS QUICKLY AS POSSIBLE BUT NO LATER THAN DECEMBER 1, 1974, AND THAT EXAMINATIONS BE ADMINISTERED MIL- IZ1aG THE REVISED MATERIAL AND A NEW REGISTER ESTABLISHED MR THE RESULTS IHere'follows body of resolution, omitted here and on file in the City Clerk's office.) 105 APR 251974 Upon being wed b Rev. Gibson, the resolution was passed and adapted the following vote - AM: Mr. lobos*. *err. Gibson, We. Oordsn, ltr. Plamer, and Mayor perre. Oath Song. 106 APR 2 51974 • 48, ACCEPT IN PRINCIPLE PARKS FOR PEOPLE TASK FORCE RECOMMENDATIONS. ,AUTHORIZING CITY MANAGER TO PROCEED WITH PARKS FOR PEOPLE PROGRAM UT IZING. ALLOCATED . The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-339 A RESOLUTION ACCEPTING IN PRINCIPLE THE PATKS FOR PEOPLE BOND PROGRAM TASK FORCE RECOMMENDATIONS AND AUTHORISING 'ACHE CITY MANAGER TO PROCEED WITH THE PARKS FOR PEOPLE PROGRAM UTILIZING ALLOCATED FUNDS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. Mrs. Gordon: On clarification, Mr. Andrews, this resolution isn't dealing with the 71 million being transferred back to the unsold position. This is not that? Mr. Andrews: No. The only thing that we need to do is come back to the City Commission because you adopted a resolution at the time that the bonds were sold and while this may not be absolutely necessary I want to do it as a point of clarifi- cation, is to present a resolution to the Commission perhaps on the next agenda which will definitely earmark the 71 million... Mr. Bailey: Mr. Mayor and Commissioners, what you have actu- ally done is allocated 711 million dollars for a project. Now somerof that has been spent for that purpose and what you have in affect done now is say we have abandoned that specific pro- ject so that in effect leaves it unallocated. Available for reallocation. Mr. Plummer: Wait a minute, you're getting on thin ice. You have opened the door again. I was hoping that you wouldn't do that. Mr. Bailey: Legally, it is available for reallocation but only by action by this City Commission. Mr. Plummer: Fine. Mr. Andrews: And what I want the Commission to do is allocate it for these other parks. Mr. Plummer: That's what you want them to do. Mr. Andrews: Yes, hear me out though. Mrs. Gordon: I'm not ready to do that yet. Mr. Andrews: Then I'll tell you what is going to happen, Mars. Gordon and members of the Commission. We have roughly three, three and a half million dollars to spend on the parks. We're going to have to sell 71/2 or 10 million dollars worth of bonds in order to go ahead with an ambitious parks program. 107 APR 25 1974 41/ Mr. Plummer: Why? Mr. Andrews: Because we don't have the money. Mr. glummer: (Inaudible) Mr. Andrews: Yes, but ;you're telling me that 28 million is going to be allocated, $15,000,000 for the FEC and you don't want a resolution which will free up the 71 million dollars. That's 221/2 million dollars and you sold 28 million. That. leaves 5 million but you already spent money on Moore and Manor Park and quite a few other parks. We're down to where we've got about 3 million dollars left. Mr. Plummer: You know you and I didn't go to the same high school. What I'm trying to tell you is you don't have to sell that last 11 million dollars. Mr. Andrews: That's what I'm trying to tell you too. Mr. Plummer: .Fine. So you deduct the 11 million from the 39, giving you 28, ok. Eleven from 22.5 is another 11.5. That you've got set aside. Mr. Andrews: Right. Mr. Plummer: Ok. From there on you've got the rest of the bond issue sold. Mr. Andrews: Yes, but if you don't sell that $11,000,000 all we've got is $3,000,000 left for our parks because.... I'll go over the math with you once again. You've got $15,000,000 for the FEC, 7' million dollars for Ball Point in round figures, that's 221/2 million. We had 28 million dol- lars that we sold. We only sold 28 all right, so the difference between 221 and 281 is $6,000,000. Mr. Plummer: Now let's do my kind of arithmetic. (Inaudible) Mr. Andrews: Now wait a minute, let's both make sure that we're communicating. We're talking about 40 as the bond issue and not what we sold. I'm talking about what we had sold and is available. Mr. Plummer: All right. We're talking about a total of 40 million. Now you have sold 28 million. That's cash in hand. We are then talking about 12 difference. Now regardless of being set aside, you do not have to sell the issue. Mr. Andrews: The 28 is already sold. Mr. Plummer: (Inaudible) Mr. Andrews: Well that's what I'm trying to tell you. You have a resolution at.the time that you sold the bonds allo- cating 71/2 million dollars for Bali Point. Now if you don't change that allocation it is going to remain there and we can't touch it. Now I am saying take that 711 million dollars. Now wait just a minute. All right, youlcan approach it that way. I'll buy that. All you've got left is $3,000,000 for the parks program. No sir. You only have allocated right now 31 million dollars to carry out the rest of the parks pro- gram. Mr. Plummer: Let's pull another audit then. Mr. Mayor, I defer the item until next week and I'll get together with him and we'll find out where it is. 108 APR 251974 • Mrs. Gordon: Didn't we just pass item (e) but that's not going to be bothering that 71, right? Mayor Ferret We just passed on (e), is that what you're talking about? Mrs. Gordon: (e) doesn't touch that money does it? If it does I want to rescind (e). Mr. Andrews: No, there will not be any committment to spend any of the funds until we come back. 49. ACCEPT BID- THREE MODULAR PRE-FAB STRUCTURES FOR DAY CARE AT EATON, MOORE AND SHENANDOAH PARKS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-340 A RESOLUTION ACCEPTING THE BID RECEIVED FROM PANELFAB INTERNATIONAL CORPORATION, IN THE AMOUNT OF $159,802.00 FOR PROVIDING THREE PRE-FAB MODULAR DAY CARE STRUCTURES AT EATON, MOORE AND SHENANDOAH PARKS, AND AUTHORIZING THE PROPER OFFICIALS TO MAKE PAYMENTS AS NECESSARY, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote AYES: Reverend Gibson, Mrs. Gordon, Mr.,Plummer, and Mayor Ferre. NOES: None. Mr. Reboso absent on roll call. 50. AUTHORIZE PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION FOR EXPANSION OF--- PARCEL A-100Z.1 CITY OF MIAMI ELIZABETH VIRRtCK_PARK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-341 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CON- DEMNATION PARCEL NO. A-1002.1 FOR THE CITY OF MIAMI ELIZABETH VIRRICK PARK EXPANSION PROGRAM AS DESCRIBED HEREIN FOR THE SUM OF $22,025 AND ALLOCATING!$25,000 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANDOUS EXPENSES PERTINENT TO THE ACQUISITION FOR FEE SIMPLE TITLE OF SAID PROPERTY. (Here follows body of resolution, omitted here and on 'file in the City Clerk's Office.) 109 APR 251974 Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mr. Plummer: (On roll call) I want it in the record that the City Manager and the City Attorney recommends this man - her rather than the normal procedures. I vote yes. RESOLUTION DETERMINING NECESSITY ADDITIONAL PARK FACILITIES 51. AFRICAN SQUARE PORTION OF MARTIN LUTHER KING BOULEVARD PARK NOTE: The City Attorney read the resolution by title. Mayor Ferre: All this is, back in February we voted on this item that Mrs. Range came to see us on and this puts this in the legal language so that this can be accomplished. Is that right? Mr. Lloyd: Yes, sir. If after our meeting with the third century people we are to proceed with this so as to get the necessary work done so as to have it in time that they want it done for the centennial, we've got to proceed now. Further, it is legally feasible with respect to price factors, etc. to proceed in this fashion at the moment. Mayor Ferre: All right. The City Attorney recommends, is there further discussion on this item? Is there a motion? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-342 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, DETERMINING AND FINDING THE NECESSITY FOR A PUBLIC PURPOSE IN ORDER TO PROVIDE FOR ADDITIONAL PARK FACILITIES FOR THE CREATION OF THE AFRICAN SQUARE PORTION OF MARTIN LUTHER KING BOULEVARD PARK, TO ACQUIRE BY COMDEMNATION OR OTHERWISE THE FEE SIMPLE TITLE TO CERTAIN LANDS DESIGNAT- ED HEREIN AND DIRECTING THE DEPARTMENT OF LAW OF THE CITY OF MIAMI TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NEC- ESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF THE DECLARATION OF TAKING AND THE POSTING OF THE NECESSARY BOND. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 1 1.10 APR 2 51974 40 41) 52. ACCEPT IN PRINCIPLEa. HUMAN RESOURCES PROPOSAL SUBMITTED BY tiers a aN aun NaMTnN The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-343 A RESOLUTION ACCEPTING IN PRINCIPLE THE HUMAN RESOURCES PROPOSAL SUB- MITTED BY BOOZ, ALLEN & HAMILTON. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 53, ISSUE AMUSEMENT RIDES PERMIT - MIAMI NORTHWESTERN SENIOR HIGH SCHL. aHFIts CITY PARKING LOT EARLY MAY. 1974 The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-344 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO THE MIAMI NORTHWESTERN SENIOR HIGH SCHOOL ALUMNI CLASS OF 64 FOR AMUSEMENT RIDES ON THE OLD'$ HELL CITY SITE AT N.W. 58TH STREET AND 7TH AVENUE, FOR SIX DAYS DURING THE EARLY PART OF MAY, 1974, SUBJECT TO CERTAIN TERMS AND CONDITIONS„ (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. 54. PENSION FUND DISCUSSION -APPOINTING COMMISSIONER PLUMMER AND COMMISSIONER REBOSO TO INVESTIGATE Mr. Plummer: Mr. Mayor, let me go ahead and if Paul wants to jump in or anyone else wants to add something to it they can. As provided for in the Charter, Mr. Mayor, every five years the Pension Board must have an outside audit done by an independent company. The firm of Hanson and Company were chosen to do the 5-year audit. Their report was forthcoming and given to a joint meeting of both the Pension Board and the investment trustees. This report, Mr. Mayor, broke down into two segments, one the Plan, the other the System si:owed that in the Plan side, everything was exactly on the money, 111 APR 251974 that the Plans portion of the Pension was in good shape and actually as setforth. But then the man came forth and start- ed talking about the system, that portion which relates to the police and fire. Mr. Mayor, without going into a great deal of detail or discussion at this meeting he brought about that there was a deficit of a great deal of money in this Pension Fund. He also brought out as it related to the dis- ability severance of employees, a great deal of abuses and that these matters had to be given immediate attention. He went on to say that this matter being roughly a million and a half dollars, if it was not corrected next year would be in excess of double this figure. This gentleman made certain recommendations to be used for corrective procedure. Now Mr. Mayor, I can go on, from there. There was some action taken by the retirement board. I appeared at that meeting. I expressed in no uncertain terms at that meeting that I did not feel that the action taken was adequate nor inclusive as brought forth by the man from Hanson. But Mr. Mayor, in lieu of all of that what I would like to suggest to this Commission today is that in fact an immediate and complete freeze be placed upon the disability severance of an employee for 30 days and that a committee of this Commission which is pro- vided for in the charter be used to investigate the report, the abuses, the corrective procedures and report back to this Commission their findings and any recommendations that they would like to make to this Commission for correcting this sit- uation as brought forth by Hanson. Now that is my suggestion and my recommendation. I am well prepared and I'm sure the Manager is and Mr. Bailey and Mr. Parks. If you want to go into it more in depth today we can. Mayor Ferre: All right. Before you talk Charlie, as the Mayor I will take the prerogative of appointing a committee headed by J.L. Plummer and consisting of Plummer and Vice - Mayor Reboso. I think it is important that this Commission become involved in this whole process and I think it is im- portant that the auditing or the looking into process be done by people who are outside of the system itself. Otherwise it is self serving. Mr. Charles Hall: Your Honor and members of the Commission, I'm here representing the firefighters and we've been quite concerned about the report that Commissioner Plummer referred to ourselves. However, I notice in some of the stories that appeared in some of the newspapers which apparently quoted some of our City Officials that they tend to focus only on one area of the report and I would like to enlarge on that a little bit. If there are abuses of the disability system then I think it should be pointed out where the authority lies for correcting those abuses and we certainly think they should be corrected if there are any abuses and we'll stand in that position that they should be corrected. The majority of the Pension Board, as we understand it is appointed by this Commission which includes the City Manager who also is appointed by this Commission. Now they have the authority to call employees back and re. -examine them and re-employ them if they don't fit the criteria for which they were originally retired for. Mr. Plummer: Charlie, before you accuse me, if it were me that you were referring to its the paper, you know I've got broad shoulders but you're making certain statement: tY:rit are not correct and I don't want you or anyone else to go under any misconceptions. For example, you can call them back but it is clearly spelled out by the City ,Attorney you don't have to hire them back. Ok, if they are able to work you don't 112 APR 251974 • • have to hire them back. Now here is what I'm trying to el- iminate is getting into this today. But I can't letyou stand there and make certain statements that I have a conflict in opinion with. Do you understand what I'm trying to avoid? Mr. Hall: Well, I'm not sure I can avoid it. Perhaps you can but I'm not sure that I can because some of the other statements I'm going to make, you might reach that same con- clusion. I apologize that it has to be that way but I think we have to lay the facts on the table and I think the time is now because this situation isn't something that just happened right over night, it is something that has been going on for a long time and I'm going to tell it as I understand it and I know it to the best of my ability. The major factor that the Pension Plan and System are both in trouble is the in- vestments. Now it was glossed over in the paper and I don't know who made the statement, that very lightly that somebody made a 161 million dollar miscalculation. We're talking about $800,000 a year in pensions and somebody made a little mis- calculation of 161 million and they're saying, the inference is that the employees are getting disability pensions that they don't deserve and we lost 16h million somewhere. I don't know where we lost it. I would like to make a couple of observations. Mr. Bailey said that the City has money invested at 10%. It is interesting to note that 1971 the pension yieldwas 4.3 and the year before that it was 2.4 and I could go on back and that pension yield is less than the bank that manages that fund pays for money on deposit. It is less than they make on their own stock portfolio. Now if we want to have an investigation I suggest that let's go a lit- tle broader. Let's look at who manages that fund in the bank and what's happening to those funds, how they are handled and everything else. I want to go just a little bit further than just looking at the disability section of it. Another observa- tion I want to make is that those people who are policemen and firefighters operate under conditions that are in my op- inion unique. Now every city that I know, or most of the cit- ies that I know, not every one treats police and firefighters in a separate pension system. Let me give you an example. The return for the City of Miami Beach Police and Fire Pension is 12.93%. How does that sound compared to our 4.3? It sounds to me like something is wrong and something seriously wrong. My suggestion is that we examine the whole scope of what's wrong and that we get to this thing, we get right to the root of it. There are some other factors, I think that have created this too and I think it relates to the manage- ment of the system. For example, the assumptions that the Pension System have been using are inaccurate assumptions. Let me give you just one example. They've been abzuming that people are going to retire in the Police and Fire Departments at age 60. Their actual retirement has been 57 years, the actual average retirement. Well it is 52 now, but I'm talk- ing about going all the way back. It may be 52 now but they're still using 60 as an assumption. The reason they're using 60 is that it reduces the City's contribution. The earning assumption was increased in the same year that the system earned 2.4%. The City increased their assumption from 4 to 4.5% which again reduced the City's contribution. Mr, Plummer: Well likewise it does it for the employees. Mr. Hall: No, sir. The employees contribution is con:tant. Mr. Andrews: No. You could increase it though. Mr. Hall: Oh, you can increase it.... 113 APR 251974 • • Mr. Plummer: Charlie, aren't you familiar with the action of the Pension Committee that took it away from Florida First National the first of January? Mr. Hall: I know it was taken away but you know if we are going to point the finger at the problem I think we ought to point it at all the problems. Mr. Plummer: (Inaudible) Mr. Hall: I don't even know the names of the persons involv- ed and I could care less but I do know that if we're going to start talking about the problems withtthe system we need to talk about how those problems were created. Now it is our position that those people who are police and firefighters are going to be expected to lay their life on the line if the conditions are necessary there for it should be protected and the only way that they can be protected is by an adequate pension system and I don't know how you can freeze a pension system. I don't understand the legality. I am a little bit confused on how you freeze an ordinance but nevertheless, the pension system was never intended to provide for total and permanent physical disability and if you read the language carefully it was designed to provide for permanent and total functional disability. Can the man function as a policeman or a firefighter? And if he is expected to lay his life on the line and he can't function any longer then he should be retired. Now the city also pays on behalf of general employ- ees that they don't pay on behalf of police and firefighters about 5.8, as I understand it to social security benefits which those employees enjoy. You know, we should take all of these things into consideration. To try to put my remarks in a more constructive vein I would like to see this Commission adopt at least in principle that we separate the police and firefighter's pension fund from the general fund and if they adopt that principle to let the attorneys for the City and the attorneys for the police and fire to get together and bring back a proposal that this Commission could act on to accomplish that and I think that once that's accomplished we can do the same thing that Miami Beach has been able to do after the separation of their Pension Systems. Mrs. Gordon: Charlie, I'm sure I remember such a committee being created and I was appointed to it and I have never been called to the first meeting. Mr. Hall: Yes. I don't -what happened to it. It has never functioned to the best of my knowledge. Mrs. Gordon: I don't know what month it was even. I guess it was that long ago Mr. Plummer: I recommended that 6 months ago. Mrs. Gordon: It was at least that long ago. No one has cal- led a meeting. I have been waiting and wondering when we were going to meet. Mayor Ferre: Sometimes these committees die because they have to head. Now if this committee dies in the future, I want everybody to know who we're going to blame. Mr. Head. Mr. Plummer: Well you know, ment. I haven't accepted it Mrs. Gordon: You didn't set hands. Mr. Mayor, you made the appoint - yet. up a head, you just set up two 114 APR 2 51974 Mr. Hall: Your honor, let me just close by saying this. We recognize the problem with the system and there are many with the whole pension problem and we want to move in a construct ive area. We want to move to correct it and we think that we can do that with just a little bit of cooperation we think that we can accomplish that and we would urge you to adopt at least a principle of the separation as the other cities have and then if the committee has to work it out then the commit- tee can work it out Mr. Plummer: No way until we can get, even in principle, Charlie, a cost factor from actuary as to separating, and if you will recall the conversation that I had with Kruse and Ling, was whether or not would we separate it in benefits, would we separate the total fund, how would it be done. And it never got beyond that discussion because there are cost factors involved and great cost factors. Now I am all in favor and 6 months ago I was the one who recommended the sep- aration. I won't even go in favor of in principle until I know what the cost factors are. Mr. Hall: Sir, we have a complete report on this, A study was made on it and I have a copy available right now. The answers to your questions have been answered. Mr. Plummer: Fine, I haven't seen it. Mrs. Gordon: As a member of the Committee, J.L., let's call a committee meeting in the next week or 10 days. Mr. Plummer: We're talking about a different committee. We're talking an investigating committee. Charlie has diverted the thinking to police. Now Mr. Mayor, what I would like is a resolution of this Commission.... Mr. Mayor, let's get back to the other thing where you appointed Mr. Reboso and I. I would like a resolution of this Commission so designating that as a committee of this Commission which gives us the right then to go in and investigate any matter pertaining to this that I want. Mr. Jaremko: Is there any discussion open on this? Mrs. Gordon: This is just for investigation. When they're through with their investigation then I'll hope the other committee which was set up 7 or 8 months ago will meet. Mr. Plummer: This motion, Mr. Jaremko, what you want to know, what this committee is that's being formed is to look into the matter or 2/3 disability. Mr. Jaremko: Well, this clarification, she's under the im- pression that it's the separation committee. Mrs. Gordon: No. That's the first step. figures, this and that. Then we'll meet. He wants facts, Mr. Jaremko: Sir, we have on the Pension Board as a member of the Pension Board we have requested this information of Kruse and Ling and they are in the process of this right now. Mr. Plummer: Of what, separating? Mr. Jaremko: Of the investigation of the disabilities and finding better ways, and ways to solve the problems of dis- abilities. • 115 APR 251974 • Mr. Plummer: It goes a little bit deeper than that because there is a report that is floating around. That within itself is an investigation and that's What Mr. Reboso and I are god- ing to attempt to do. Mr. Jaremko: The action of the Pension Board, then, should they just forget about these things? Mr. Plummer: Oh no, in no way, but with the Pension Board to look into Kruse and Mr. Ling bring back their 30 days. Mrs. Gordon: would we then the splitting Mr. Reboso and I will go these matters when Mr. report, hopefully within May I ask a question? At what point and time be ready to sit down as a committee and discus of the two funds? Mr. Plummer: Well Rose, that would be done by the invest- ment trustees of which you and I are both members. Mrs. Gordon: Yes, but I mean, the preliminary committee to make a recommendation. Mr. Plummer: Wait a minute, hold it. Where is John Passer? We have already set a meeting, the first meeting of the money managers and the investment trustees,. I think was going to be set for the first day of May. May 7th. All right and likewise, at that same meeting do a discussion of that. Mr. Jaremko: I would like to supply you with copies of that in the meantime that you may bone up on it if you will. The following Motion was introduced by Rev. Gibson who moved its adoption: MOTION NO. 74-345 A MOTION DESIGNATING VICE -MAYOR REBOSO AND COMMISSIONER PLUMMER AS A COMMITTEE OF THE CITY COMMISSION TO INVESTIGATE THE MATTER OF THE TWO-THIRDS DISABILITY PENSION GRANT- ED TO CITY EMPLOYEES. Upon being seconded by Mrs. Gordon the Motion was passed and adopted by the following vote -AYES: Reverend Gibson, Mxs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: NONE. 54.A, APPOINT COMMISSIONER GORDON TO WQBKSNOP QN AGING Mayor Ferre: I would li'k a to appoint at this time Commis- sioner Rose Gordon to attend a workshop on the aging which will be held on May 3, if I'm not mistaken. Friday, May 3, Rose, if you can go it is a workshop on the aging and there was a letter sent to me, you got a copy, by Alvin Gilbert, Director, Area -wide Agency on Aging and Francis Kraemer, Dir- ector of Dade County Project In Step. 116 APR 251974 J 55, ALLOCATE $200,00 FOR MISCELLANEOUS EXPENSES IN CONNECTION WITH ACQUSITION OF FEE SIMPLE TITLE PARCEL A-1002,2 EXPANSION OF VIRRICK PARK The following resolution was introduced by Reverend Gib- son who moved its adoption: RESOLUTION NO. 74-346 A RESOLUTION ALLOCATING THE SUM OF $200.00 FROM THE 1972 PARKS AND RECREATIONAL FACIL- ITIES BOND FUNDS TO COVER THE COST OF MIS- CELLANEOUS EXPENSES ASSOCIATED WITH THE ACQUISITION OF THE FEE SIMPLE TITLE TO PAR- CEL NO. A-1002.2 LEGALLY DESCRIBED AS LOT 11, BLOCK 7, PROW HOMESTEAD, AS RECORDED IN PLAT BOOK B AT PAGE 106 OF THE PUBLIC REC- ORDS OF DADE COUNTY, FOR THE EXPANSION OF ELIZABETH VIRRICK PARK. Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. DIRECTING CITY MANAGER TO CONTACT COUNTY MANAGER TO SOLVE PROBLEMS 56, CONCERNING BUILDING PERMITS IN THE CITY OF MIAMI AS A RESULT OF PRQ$j.EMS WITHDAD,E CQ NIY Maim CONTROL OFFICE The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-347 A RESOLUTION DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO CONTACT THE COUNTY MANAGER OF METROPOLITAN DADE COUNTY TO SOLVE THE PROBLEMS WHICH HAVE ARISEN CONCERNING BUILDING PERMITS WITHIN THE LIMITS OF THE CITY OF MIAMI BY VIRTUE OF THE FACT THAT THE DIRECTOR OF THE DADE COUNTY POLLUTION CONTROL OFFICE HAS ADVISED THE CHIEF BUILDING INSPECTOR OF THE CITY OF MIAMI THAT NO BUILDING PERMIT SHALL BE ISSUED INVOLVING THE GENERATION AND DIS- CHARGE OF WASTEWATER TO THE VIRGINIA KEY WASTEWATER TREATMENT FACILITY WITHOUT WRITTEN APPROVAL OF THE DADE COUNTY POLLUTION CONTROL OFFICE, OR OTHERWISE REQUEST A JOINT MEETING BETWEEN THE CITY COMMISSION AND THE COUNTY COMMISSION TO DISCUSS THESE PROBLEMS. Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mr.Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 11 7 APR 251974 a 57, PERSONAL APPEARANCE- RALPH PARKS REGARDING CLARIFICATION OF PENSION Mr. Ralph Parks, Chairman of the Retirement Board: There are a few things that I feel that I must say. I didn't want to get into this today because I could see no point in it but one of them is the use of the word deficit which has been kicked around miserably for the last two weeks with regards to the Retirement Fund. There is no deficit and I want this clearly understood by particularly the news media. They are, I think the feeling is that actually there is money missing and everything else. There is no deficit. There is a deficit in unanticipated results which is an all together different thing than a deficit. The other thing is that we at the last meeting made motions and passed on eight items with which to go tb the actuaries for advice regarding what could be done for the situation on disability. Four of those items involv- ed money. We requested the actuary to be at our meeting on May 3rd with the answers. After that it was fully intended by the board that they would request the City Manager to re- port to the Commission on these findings but we did not feel that you could even consider them without knowing what it was going to cost or what you would save. The question of whether to take away disability, the annuity, is something that has to be discussed at great length and it involves many other things and I don't think it can be passed over as lightly as it was here. Thank you. Mayor Ferre: Mr. Parks, thank you. Is there anybody else that wants to say anything? Is there a motion to adjourn? All right, Mr. Richards. 1.6 APR 2 51974 58, PERSONAL APPE4R CE- _TARRY .RLCHARj)S RE_: PLUMBING Ws.Pj Toas Mr. Harry Richards, Honorable Mayor, Commieatoners, City Manager, I think there is a lack of communication of the reason why I have been coming to these meetings and the findings that the City Manager brings back to me or the reports from his staff. I've read a report from the Civil Service Board today which is practically a slap in the face to the employees of my division. There is a recommendation that the in -hiring rate come in at one step higher. Now, since 1967 and 1968 they have been hired in the 3rd step. Now, the only reason why I came to this Board was to correct the item of March 8th 1973 on the Yarger Report. I presented to you, I showed you everytime that I got here, that the inspectors were getting more money than the counterparts all over the United States in this area, the Civil Service Board was supposed to make a scientific audit locally, I gave it to you, and that was their audit, it still showed that the inspectors got more money than their counter- parts and then we bring it back to another audit to the Civil Service Board that takes the whole City into this package. I read this today in Mr. Johnson's office and it shows an in -hiring rate at the second step. That was not it. When Commissioner Gibson asked the City Manager at that time, When we approve this Yarger Report, and you take care of the men on top, and there is going to be money sifted out, is there going to be anything left for the small guy on the bottom, and this is in your minutes of March 8th. I brought this up, I made the recommendation that the inspector should be a 27, the no. 2 a 29 and no. 3, who Is a chief, at 32. And here it is 17 months later, and with all the proof I have given this Commission, I still get nothing in return except another audit that the City Conissioner made where the in -hiring rate will be on the 2nd step, which is a step lower than we have been hiring them now. I'd like to get an answer. Mr. Andrews: Mr. Mayor and members of the Commission, maybe I can assist you, ---- Mr. Richards: Tell me no, and that will be the end of it. Mr. Andrews: Mr. Mayor I met with Mr. Paulk,---who else was present, during that meeting, ---Walter Hagen, Joe Lankin. a group of people in an effort to resolve about 5 important issues that, ----some of them had been brought to the City Commission. One was the Building Department Inspectors,another was an audit on Clerical positions, another matter that Mr..Hagan was involved in was the garage and motor employees,, ---I can't remember them all now. There were about 5 different issues, and I made a com- m itaent to that group, particularly to Mr. Hagan that the only way to do this was to have the Civil Service Audit these positions, relate them to all the other positions in the city and to determine on a more factual basis or eliminating any prejudice that we may have in my own office, and we try to do this openly, and I said I would abide by the findings, we roughly estimated what that was to cost. I came to the City Commission with the reco mendation that monies be set up in the federal revenue sharing funds of which funds have been established, in anticipation of cecting a report from Civil Service that would provide for these adjust- ments, and they went about it, and studied this area and then 119 APR 251974 came to an independent conclusion. They did it on the basis of what they call a tri-county study, and particularly involving the cities of Hialeah, Miami Beach Metropolitan Dade County, Coral Gables, and one more which I Can't remember, -'and then compared the City of Miami to the averages of the salaries paid, and they find that this adjustment is not, ---that was just within the last two weeks. I asked that the report be submitted to me no later than April 15, it was submitted by that date, and we have just gotten that back and it doesn't substantiate what is being asked here, and I have no basis of supplying the Commission with the recommendation that this be done at this time. Mr. Richards: Mr. City Manager and Commissioners, Mr. Pauik is sitting here and I spoke to him for a few minutes today and I asked him if he found out what the duties of the other inspectors in the other areas were, and against the duties of the inspectors in this area and he says no, all they did was go out and find out what they get. Now, on the last audit that the Civil Service made they spoke to Mr. Ferencik who I think gave them the information that the City inspectors, the City of Miami inspectors are the only ones in the area that keep records that make isometric drawings, that do code enforcement, that handle the violations and we do our public relation work, which is as I said before, 90% more, in fact some of the inspectors are doing dual jobs like I myself, and my department, do not only plumbing but also do paving inspections. We did not hire any more inspectors when we were short, we just took on larger territories. Now, physically we do as much as any journeyman in the City or in private enter- prise, but what I can't understand, at the time, and go back to March 8th, they said, ----the City Manager said it was up to the City Commission to approve the salary and then when it came to my statement it said because of the Charter we have to wait until October 1. The Commission was willing to vote at that time, ---at that time the City Manager said the money was there. ---it was there for David Simpson and an Asst Attorney, and this is part of the Yarger report, this isn't a budget, or a new budget that is coming up now. Mr. Plummer: Do I understand this, ----and then let's put this thing to rest. He is as tired of seeing me as I am seeing lim. (Power failure occured at this time)" Mr. Andrews: electrical journeyman, average is 845. and the City of Miami its Mr. Richards: No, in that same municipality, what is the inspector and what is the journeyman getting? Is he higher or lower than the inspector? Mr. Andrews: They are in some instances higher, that I can see, and some instances they are equal. Electrical Inspector 904. in Dade County it is 977. and the journeyman is 854. Mr. Richards: They are lower, all over the country. all over the United States, ---- Mr. Andrews: I just read all of the inspectors here as to what they are paid in relation to the City of Miami. Mr. Richards; 1 am saying that inspectors are always in a higher rate than the counterparts. That is the way it reads in every area. 120 VT 251974 Mr. Plus ner: What is your position with the building department? Mr. Richards: Plumbing Inspector I, ----- Mr. Plummer: Plumbing Inspector I, all right, et the present time, with the exception of Hialeah, you are making more than any of these people. Inaudible reply Mr. Plummer: It is the point, Mr. Richards: That point is that Inspector is always a higher rate, Mr. Andrews: He is saying because another classification, another activity is higher than his, and traditionally that has been the case, that there should be an increase, with it, Mr. Plummer: I see his contention, but I don't agree Mr. Richards: This has been going on since the start of time, all over the country, in this area, the only reason why you can't get a true rating, is because Coral Gables has only one inspector, Hialeah has only one inspector, and there is not No. 2 and no No. 3, and 1 say if you take a look at all the records, that the Inspectors were always a step higher, than the Journeymen, in all areas. Mr. Plummer: Philosophically he is right Mr. Mayor, but still cannot dispute the fact that the City of Miami per position is paying more money. Mr. Richards: That is still not the point. Now what are the duties, -----you made mention at the last meeting and I commend you for it, you said the fire fighters did such a beautiful job when they fought that fire, that you have to commend them, the way they handled it. Then we had a fire at the First National Bank and you had to commend because the way that fire was consentrated in that one area. I want you to know that our inspection department are the ones that set up these fire systems, we are the ones that inspect these buildings, we make the inspections for the Fire Dept. and I don't care what cams up in front of this Commission at this meeting or the last meeting, it is the Building Dept. inspectors that were instrumental in malting this City the way it is and the way it is built. There was a man up here on Rivergate, and Commission Gibson was there when they cut the ribbon that day. I was there with the Fire Dept. that day and I asked them to take their guests and bring them inside the building, you will never notice in a newspaper that construction here in the City of Miamj is on a downgrade because of poor workmanship. Mr. Plummer:All I can see there and I think in my opinion, he is right in a certain manner, but still, take his position and put it against any other City, Mr. Richards: But give us the same duties. tr, Plummer: I'll buy that, Mt. Richards: Okay. jus , nd me a paycheck iv we � ek. .G j!R 251974 Mr. Plummer: Mr. Mayor maybe this will shed some light. The point is made and is well taken by me, even though I may disagree, you are sending this man out into the field to inspect or pass in judgement on a journeyman, correct? Mr. Richards: ---and a Master, Mr. Plummer: May I talk? Mr. Richards: Yee, --- Mr. Plummer: You are asking him to go out into the field and pass judgement on a journeyman. You cannot put this man in a category below the man he is passing judgement on. That is a point well taken. Mrs. Gordon: That is what he has been arguing all the time. Mayor Ferre: All I am saying, philosophically, I can't disagree because the man happens to be right. Mr. Plummer: First of all, unless we can convince Paul, we don't have the authority to do it. Mrs. Gordon: i know we can't, but why can't we con- vince Paul. Mr. Richards: Mr. Mayor the only reason why at the day the Yarger report was made, that they couldn't approve it, because of the City Charter, they told us we had to wait until October. Mrs. Gordon: I am a real estate broker, and I have sales people out in the field, doing a job,but I have to and more, in order to know whether they have done their job properly. Mr. Richards: Well, this information is on this report tha the Civil Service, called in Mr. Ferencik and ask him that tvention.. Mayor Ferre: The point is, the criteria that has been used, and the criteria demands, --the problem is, the same old problem that this country is faced with from California to Maine, and you know what it is, --you take a truck driver, who drives a redi-mix truck, making 18 to 19 thousand dollars a year, and you tell me how much a professor of chemistry, who doesn't have a professorship, starting out teaching, makes at the University of Miami, he doesn't make that much, why? Because. Union, demands, etc. Mr. Richards: Mr. Mayor in this particular case here, there is a confliction there. You do not hire an inspector, you hire a plumber or electrician, mechanical engineer, or a pipe fitter, or carpenter. You have to make an inspector after he comes to the City. This is where he gets his training. You don't go to .a plumber and say you are an inspector. In other words, if I took the journeyman plumber's job, ---r Mayor Ferre: I want to make a statement on the record. I have to agree with what you are saying. Rose says she agrees. I have heard Father Gibson make this statement ten times, I just 122. tiirk251974 heard Plummer a moment ago. 1 don't know how Manoio feels. That is my vote, but it is not the way. __(inaudible) not now, we can do something maybe for you at budget time. Mr. Richards: When. Mayor Ferre: ht budget time, ---- Mr. Richards: This is why I am here now, because they said at March 8th it could not be done until October let. Mayor Ferre: I remember one time,I sat on this Commission, we sat here and played musieal chairs with all these things. Rev. Gibson:Mr. Mayor let me ask, I don't know how this kind of thing is done. We do our business a little different, and Plummer, you and I, we do ours a little different. I don't know how you say to a man, ---let me use our situation, no way in the world a deacon would get as much a s a Rector for church. The reason he is Rector because he has experience and know-how, and people have trust and con- fidence in him. What you are tell me is, the deacon is going to make more than I make, ----no way in the world. I hate to have people come up here and we promise them things, because I was trying to employ them to just wait, and now, you know, you say we made a study, but if the study is right, let me say this, the study ought to point out to us, that the men he inspects shouldn't get as much money or more money than, and if we can't right the wrong now, Mr. Andrews, since we can't tell you what to do,and you've got to do it, God knows, based on fundamentals, honesty and principles, purpose, ---we ought to make every effort to right this wrong. Mayor Ferre: The trouble is, the judgement that was made, was made on a market value because of demand, rather than on merits, ---it isn't based on, --should a chemistry professor make more than a redi-mix truck driver, that is not what, --- Mr. Richards: But your honor, Mayor Ferre: The question is, Mr. Richards: ---if you can't get a plumber, you can't get a plumbing inspector, if you can't get an electrician, you can't get an electrical inspector. Rev. Gibson: The reason they make you an inspector is because you have more knowledge and more expertise than the other fellow, and according to my opinian, you'd be paid more. Mr. Andrews: And if that is the case, then we should be able to take these people and transfer them over to that department when we need the electrical journeymen and they perform the duties. Mr. Richards: It is okay with me. It is an easier job, all they do, I'd like to go on record and say that because, Mayor Ferre: I've got news for you, if a man is inspecting it. he should know enough to know how to do it. Mr. Richards: But it is an easier job,---- 125 APR 2b 1974 Mr. Andrews: That is not necessarily so. Rev. Gibson: I am arguing for the principle. Mr. Andrews: Mr. Mayor that is like saying a general contractor has to perform all the work of the people that work under him, but he gets the job done. Rev. Gibson: He ought to know whether they are doing it right. Mr. Andrews: Yes, but that doesn't mean he has the physical capability of performing the duties as a jouzneyman. Rev. Gibson: Mr. Andrews, let me say this, frankly, I doubt seriously, that any of us would pay the people. if we were supervisors, we would pay the people under us, more than we get. Mr. Andrews: In closing let me say, recognizing this factor, I withdrew from eveluating the problem any further, and at a meeting with a lot of other people present, and some Union people present, I said I would abide by the findings of the Civil Service Office as to what they found out, and. the Com- mission is good enough to provide the funds in anticipation that the audit would show that an increase was to be granted. The audit didn't show that. Mr. Richards: But i asked the Civil Service, and they did not what the duties were of the other inspectors. Mr. Andrews: If Mr. Paulk wants to go back into it and you can convince him, I am willing to let them do it, and do it over again. Mr.Richards: If I can sit down at a meeting with them. Mr. Plummer: Paul, i don't agree with that. Mr. Paulk's time is worth something, your time is worth something. We are paying you about $40.00 an hour as an administrator of this City. Mr. Paulk's time is worth something. How long are we going to drag this thing. Mr. Andrews: I have given him an answer. Mr. Plummer: You have also given him an out to go back and re -open the whole thing. Mr. Richards: Your honor, before we close this meeting, ---- Mayor Ferre: Wait a moment, we have all expressed openly and publicly and unanimously, an opinion, and I under- stand Mr. Andrews' concern. And I understand his reaction to it. And I think it is appropriate. We can't tell him what to do, we can ---- Mr. Plummer: According to the Charter, and I think it is ridiculous, ---it leaves us with one prerogative, agree with him or fire him. That is ridiculous. Mayor Ferret It is in your hands. You do what you think is right. 124 APR 251974 Mr. Andrews: The thing that becomes irritating to you is that you are evaluating one isolated ease, you take it of all the other 290 classifications --- Mayor Ferre: I agree with the Charter. Mr. Andrews: It you got into it as deeply as we have, you would be forced to make the same decision. Mr. Plummer: Rev. Gibson be no misunderstanding, and Reboso that we can have the assistance of office and City Attorney's office the disability complaint. There is Rev. Gibson: Right. here it is, so there will and I have the latitude, someone from the Manager's in this investigation of no misunderstanding. Mayor Ferre: This Commission now stands adjourned. ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at 7:05 P.M. this date. ATTEST: E.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE FERRE MAYOR 125 APR 251974 crry OF MI AMI DOCUMENT MEETING N D E X APRIL 25, DATE: 9 ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION CODE NO._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COMMISSION AGENDA & CITY CLERK REPORT (19 pages) URGING THE HOUSE TO VOTE FAVORABLE ON HB 2257 MOTION DENYING APPLICATION OF BETTER BUSINESS BUREAU OF SOUTH FLORIDA CLOSING PUBLIC USE OF N.E. 1st AVE BETWEEN N.E. 52ND AND 53RD ST. TABULATION AND REPORT BIDS -CONSTRUCTION OF TRAIL VIEW HIGHWAY IMPROVEMENT H-4366 GRANTING APPROVAL -CONSTRUCT PERMANENT CANOPY FOR DRIVE IN TELLERS -TEMPORARY USE AS BANK 3737 N.W. 7TH ST. GRANTING APPROVAL -CONSTRUCT 101-UNIT HUD PROJECT -LOT 1 AND LOTS 2 THRU 10, BLK. 3 180 N.E. 69TH ST. APPROVING FLOOR AREA BONUSES -OFFICE BLDG. LOTS 1 AND 2 - 1395 BRICKELL AVENUE ACCEPT COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY-VIRGINIA GROVE HIGHWAY IMPROVEMENT ACCEPT PLAT-VIZCAYA NORTH ACCEPT PLAT - THE SILVERSTEIN SUBDIVISION ACCEPT COMPLETED WORK -HENRY DeGRAFF & SON INC.-CITY PARKS BUILDING DOOR AND WINDOW REPLACEMENT ACCEPT COMPLETED WORK -BIG CHIEF,INC.-FOR DEMOLITION & SALVAGE OF COCONUT GROVE INCINERATOR ACCEPT COMPLETED WORK-CLIFTON LIGHTSEY,INC. STORM AND SANITARY OUTFALL RELOCATION ACCEPT COMPLETED WORK -BEN HURWITZ,INC. DOWNTOWN GOVERNMENT CENTER EXTENSION OF EMPLOYMENT-HOZIE RUSELL PARKS DIVISION & RECREATION DEPT. AGREEMENT -MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES RENTAL FEE -USE OF BAYFRONT PARK AUDITORIUM DADE COUNTY SCHOLLS' MUSIC DEPT. R-74-310 R-74-311 R-74-312 R-74-313 R-74-314 R-74-315 R-74-317 R-74-318 R-74-319 R-74-320 R-74-321 R-74-322 R-74-323 R-74-324 R-74-325 R-74-327 R-74-328 0059 74-310 74-311 74-312 74-313 74-314 74-315 74-317 74-318 74-319 74-320 74-321 74-322 74-323 74-324 74-325 74-327 74-328 19 CLAIM SETTLEMENT-MRS. FIDELINA.S. DEL TORO R-74-329 74-329 PAGE # 2 DOCUMENENDEX CONTINUED COMMISSION COTI N�. ACTION ITEM NO. DOCUMENT IDENTIFICATION 20 WAIVT.NG OF RENTAL FEE AT THE MIAMI BASEBALL STADIUM-AME RICAN LEGION SUMMER PROGRAM 21 APPOINT MEMBER-MRS. HAZEL BROWN AND MR. TONY WILCOX AS MEMBERS OF THE BOARD OF TRUSTEES 22 RELEASE OF IMPOUNDED MODEL CITIES FUNDS 23 AWARD BID-MOTOROLA C & E INC.-SERVICE MONITOR USE BY COMMUNICATIONS DEPARTMENT 24 AWARD BID-M.H. DETRICK COMPANY -HANGING TILES 25 AWARD BID-MEDCO INTERNATIONAL TRACTOR - THREE LO-BOY TRACTORS 26 AUTHORIZE FEDERATION ATLETICA BASEBALL INVERNAL-MIAMI-TO USE THE BASEBALL STADIUM 27 ATTENTION TO CIVIL SERVICE ENTRANCE EXAMINATION FOR POLICE OFFICERS 28 EXPIRED POLICE SERGEANTS PROMOTIONAL REGISTER REACTIVATED AND PROMOTIONS 29 PARKS FOR PEOPLE PROGRAM UTILIZING ALLOCATED FUNDS 30 ACCEPT BID-PANELFAB INTERNATIONAL CORPORATION -MODULAR DAY CARE STRUCTURES AT EATON,MOORE AND SHENANDOAH PARKS 31 PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO. A-1002.1- ELIZABETH VIRRICK PARK EXPANSION PROGRAM 32 ADDITIONAL PARK FACILITIES FOR THE CREATION OF THE AFRICAN SQUARE PORTION OF MARTIN LUTHER KING PARK 33 HUMAN RESOURCES PROPOSAL SUBMITTED BY BOOZ, ALLEN & HAMILTON 34 PERMIT TO MIAMI NORTHWESTERN SENIOR HIGH SCHOOL ALUMNY CLASS FOR AMUSEMENT RIDES 35 DESIGNATING VICE -MAYOR MANOLO REBOSO AND COMMISSIONER J.L.PLUMMER-INVESTIGATION DISABILITY PENSION TO CITY EMPLOYEES 36 ALLOCATING THE SUM OF $200.00 FOR THE EXPANSION OF ELIZABETH VIRRICK PARK 37 BUILDING PERMITS -DISCHARGE OF WASTEWATER TO THE VIRGINIA KEY R-74-330 R-74-331 R-74-332 R-74-333 R-74-334 R-74-335 R-74-336 R-74-337 R-74-338 R-74-339 R-74-340 R-74-341 R-74-342 R-74-343 R-74-344 R-74-345 R-74-346 R-74-347 74-330 74-331 74-332 74-333 74-334 74-335 74-336 74-337 74-338 74-339 74-340 74-341 74-342 74-343 • 74-344 74-345 74-346 74-347