HomeMy WebLinkAboutCC 1974-05-23 MinutesITY OF MIAMI
COMMISSION
MINUTES
MAY 23 - 1974
OF MEETING HELD ON
H. D. SOUTHERN
PREPARED BY THE OFFICE OF THE CITY CLERK City Clerk
CITY HALL
RALPH G. ONGIE
Assistant City Clerk
i
INDEX
MINUS OF RE1.GUL.AR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO i
SUBJEIT
ORDINANCE OR
RESOLUTION NO.
A
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
18.
19.
DISCUSSION SETTING TIME OF HEARING ON GRAND
JURY REPORT OF POLICE DEPARTMENT- DISCUSSION
WAIVE READING OF MINUTES OF PREVIOUS MEETING
AMD. CHAPTER 64 of CODE -
PROTECTION AND REMOVAL OF TREES
CONTINUED WAIVER OF PARKING SPACES-
NEWBERG PROPERTY TRACT 2
ESTABLISH NEW DEPARTMENT OF PUBLIC FACILITIES
AMD.ORD. 8190-TRANSFER $3,000 FROM YACHT
DOCKS TO YACHT DOCKS OPERATING BUDGET
AMD. SEC. 30-28 OF CODE -
REDUCE FEE FOR ASTROLOGIST TO $424.00
CHANGE ZONING CLASSIFICATION -LOTS 72,3,4,5
BEACOM MANOR (8-121)
CHANGE ZONING CLASSIFICATION -TRACT "A"
DOUGLAS GARDENS
CORRECTING SCRIVENERS ERRORS -ESTABLISHING
FEES ON ORD. 8243 & 44
ESTABLISH FEES FOR USE FOR USE OF RECREAT-
IONAL FACILITIES, BANDSHELL, TORCH ETC.
CORRECT SCRIVENERS ERRORS -ESTABLISHING
FEES FOR USE OF HENDERSON PARK AND MOORE
PARK TENNIS FACILITIES
AMEND SEC.27-17 OF CODE: FEES AND CHARGES
WAIVING PLAT PROCESSING FEES FOR GOVERNMENT
AGENCIES ETC.
AMD. SEC.2-82.2 OF CODE:
PREPARATION OF COVENANTS
WAIVING FOR GOVERNMENTAL
AMD. SEC. 2-86 OF CODE:
MATERIAL ERRORS- WAIVING
ENTITIES ETC.
SAME -FEE FOR
TO RUN WITH LAND -
ENTITIES ETC.
SAME -FINDING
FEE FOR GOVERNMENT
AMD. SEC. 27-26 OF CODE: SAME -FEES -
WAIVING FEES FOR GOVERNMENTAL ENTITIES
AMD. SEC. 2-87 OF CODE: SAME -PERMANENT
REFERENCE MONUMENTS NOT PROPERLY PLACED
AMD. SEC. 27-3 OF CODE: SAME -FEES, EXPIRATIOI
RENEWAL, WAIVING FEES ETC.
AMD. SEC. 54-20 OF CODE: AGREEMENT & BOND
AS TO PAVING & OTHER IMPROVEMENTS BY PERSONS
SUBMITTING PLATS, REPLATS TO COMMISSION -
WAIVING PLAT PROCESSING FEES
AMD.SEC. 2-85 OF CODE: CHECK OF RECORD PLATS
FEES- WAIVING ETC.
MOTION
1ST READING
R-74-397
ORD. 8260
ORD. 8261
ORD. 8262
ORD. 8263
ORD. 8264
1ST READING
1ST READING
1ST READING
1ST READING
1ST READING
1ST READING
1ST READING
1ST READING
1ST READING
EMERGENCY
ORD. 8265
1*
4
6
7
8
8=9
9
10
10
11
11
12
12
13
13
14
s
ITEM NO.
•
SUBJECT
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ORDINANCE OR
RESOLUTION NO
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
VICE MAYOR REBOSO/COMMISSIONER PLUMMERS
REPORT TO THE COMMISSION ON RECOMMENDATIONS
REFERENCE THE PENSION PROGRAM
PROCLAMATION
DISCUSSION OF FEDERAL REVENUE SHARING FUNDS
AS THEY RELATE TO UNITED WAY AND METROPOLITAr
DADE COUNTY
PROCLAMATIONS AND COMMENDATIONS
PERSONAL APPEARANCE- WM. MICKEY MC MAHON
RE: APPOINTMENTS TO VACANT COMMISSION SEATS
STUDENT FORUM
AWARD BID - ERECT AND RELOCATE FENCE AT
AUTO POUND: 1901 N. W. 14TH AVENUE
REQUEST CITY ATTORNEY & CITY MANAGER TO
DOCUMENT INCIDENCE FOR ARRESTS, TRIALS,
CONVICTIONS AND ACTIVITIES IN COURT SYSTEM
(MEETING RECONVENED AT LEGION PARK AFTER
LUNCH RECESS)
ACCEPT PLAT - DUPLEX TOWNHOUSE SUBDIV. NO. 1
ACCEPT PLAT - BOULEVARD TRACT
ACCEPT PLAT - NAHHAS SUBDIVISION -
ACCEPT COMPLETED WORK- MARINE STADIUM
STRUCTURAL REPAIRS - 1974
ACCEPT COMPLETED WORK - ORANGE BOWL PAINTING
AND MAINTENANCE - PHASE II
ACCEPT COMPLETED WORK - CENTRAL DRAINAGE
PROJECT E-29
PUBLISH NOTICE OF PUBLIC HEARING- OBJECTIONS
TO COMPLETED CONSTRUCTION OF BISCAYNE EAST
HIGHWAY IMPROVEMENT H-4357
PURCHASE PARCEL A-1002.3 FOR EXPANSION OF
ELIZABETH VIRRICK PARK
CLAIM SETTLEMENT- MRS. NITA GOODE
CLAIM SETTLEMENT- MRS. FERMIN GONZALEZ
CLAIM SETTLEMENT- RACHAEL GONZALEZ
CLAIM SETTLEMENT- THOMAS BERRY
WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM
INTERNATIONAL FOLK FESTIVAL
AMD.ORD. 8190-TRANSFER FUNDS FROM YACHT DOCKS
DEPT TO YACHT DOCKS DEPT.FUND OPER.BUDGET
DISCUSSION
MOTION
74-398
DISCUSSION
DISCUSSION
RES. NO.
74-399
MOTION
74-400
RES.74-401
RES.74-402
RES.74-403
RES.74-404
RES.74-405
RES.74-406
RES.74-407n
RES.74-408
RES.74-409
RES.74-410
RES.74-411
RES.74-412
RES.74-413
1ST READING
PAGRa
1511
22=3
31
31
32=3
37
38
39
40'
40
40=4
41
42'
42
43
43
43
44
44
45
45
•
•
ITEM NO,
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
SUBJECT
IMEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ORDINANCE OR
RESOLUTION NO
APPOINT ADDITIONAL MEMBERS TO THE CITY OF
MIAMI COMMITTEE ON, ECOLOGY & BEAUTIFICATION
FOOD CONCESSION -MUNICIPAL JUSTICE BUILDING
DISCUSSION ONLY
AWARD BID- TRAIL VIEW HIGHWAY IMPROVEMENT
H-4366
HIGHWAY AND SANITARY SEWER PORTION
AWARD BID- TRAIL VIEW EIGHWAY IMPROVEMENT
H-4366
LANDSCAPING PORTION
AWARD BID- TRAIL VIEW HIGHWAY IMPROVEMENT
H-4366
STORM SEWER PORTION
AWARD BID- 11 HIGH BACK CHAIRS FOR THE
FIRE DEPARTMENT
AWARD BID- 500 PLASTIC SEATS FOR THE
ORANGE BOWL STADIUM
AWARD BID- 11 AIR CONDITIONING UNITS FOR
CITY-WIDE USE
AWARD BID- KENNEDY PARK LIGHTING 1974
UTILIZATION OF LANDS UNDERNEATH EXPRESSWAYS
FOR MUNICIPAL PURPOSES
EXPRESS POLICY TO ELIMINATE CHARGES FOR
PRACTICE SESSIONS -SOFTBALL LEAGUES PLAYING
IN CITY PARKS
REQUEST CITY MANAGER TO ANAL.ZE PARKS AND
RECREATION BUDGET IN AN ATTEMPT TO FUND THE
AMERICAL LEGION BASEBALL LEAGUE AT THE
MIAMI BASEBALL STADIUM
ISSUE PURCHASE ORDER (6) G.M.C. TRUCK CAB
AND CHASSIS- emergency purchase
CONFIRM ACTION OF CITY MANAGER IN ASSIGNING
LEONARD BISZ M.A.I. TO APPRAISE PROPERTIES
FOR AFRICAN SQUARE PORTION OF
MARTIN LUTHER KING BOULEVARD
CONFIRM ACTION OF CITY MANAGER- EMERGENCY
REPLACEMENT OF COMPRESSOR AT THE MUNICIPAL
JUSTICE BUILDING
AUTHORIZE MANAGER TO ENTER INTO AMENDED
AGREEMENT WITH BOOZ-ALLEN-HAMILTON FOR
DATA PROCESSING STUDY
AUTHORIZE EXTENSION OF AGREEMENT WITH
STANFORD RESEARCH INSTITUTE FOR DEVELOPMENT
OF MIAMI MODERN POLICE DEPARTMENT PROGRAM
BEYOND 1-YEAR PERIOD
CONFIRM ACTION OF MANAGER -SUBMISSION OF
FEDERAL GRANT -LAW ENFORCEMENT COMMUNITY
OUTREACH PROGRAM ETC.
RES.74-414
DISCUSSION
RES.74-415
RES.74-416
RES.74-417
RES.74-418
RES.74-419
RES.74-420
RES.74-421
RES.74-422
EMERGENCY
ORD.NO. 8266
MOTION NO.
74-423
RES.74-424
RES. NO.
74-425
RES.74-426
MOT.74-427
MOT.74-428
RES.74-429
INEEI
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
SUBJECT
1
ORDINANCE OR
RESOLUTION NO. PANE:-
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
REPORT OF CITY COMMISSIONER ROSE GORDON ON
TAXICAB STUDY
PROPOSED SENIOR CITIZENS PROGRAM AT LEGION
PARK, DANCES, PURCHASE OF PIANO ETC.
REQUEST BY METRO FOR APPROVAL OF IMPROVEMENT
AT SEAPORT
APPOINTMENTS TO MISCELLANEOUS BOARDS AND
COMMITTEES
CODE REVISION FOR SIDEWALK SAFETY MEASURES
DURING BUILDING CONSTRUCTION PROJECTS
USE OF ORANGE BOWL STADIUM AUGUST 17, 1974
FOR SPECIAL EVENT
MISCELLANEOUS DISCUSSION ITEMS- STATUS OF
F.E.C. CONDEMNATION AT OLD PORT SITE
WIDENING OF BISCAYNE BOULEVARD FROM 6TH
STREET TO THE EXPRESSWAY
AUTHORIZE AGREEMENT WITH JOSEPH AND KATHERINE
SLAPPY TO REMAIN ON PROPERTY BEING SOLD TO
THE CITY
E.P.A. LITIGATION- CITY ATTORNEY REPORT
LEGION -PARK AREA MATTERS- personal appearance
L. H. BEAL
ADJOURNMENT
RES.NO.
74-430
MOT.
74-431
RES.74-432
MOT.74-433
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
RES.74-434
DISCUSSION
DISCUSSION
5906;
66=6_
68=7-_
74=4
75=
76
86=8=
89
89=9C
90=9'
•
MINUTES OF REGULAR MEETING
THE CITY ._COMMISSION OF MIAMI, FLORIDA
On the 23nd day o6 May, 1974, the City Comm,i,ddtion o6 Miami,
Fton.ida met at .Ltd negutar meeting ptaee at City Hatt in da.id
City, 3500 Pan American tir.Lue, Miami, Ftoaida, in ktgutak d e 4iOn.
Pursuant to pubtie advekt,idement, th.id meeting id to be
continued at LEGION PARK bon the a6tennoon d edd.Lon.
The meeting wad caned to onden at 9:12 O'Ctock A.M. by
Mayon Maurice A. Ferne with the £ottowag membeM o6 the Comm.Ldd.ion
bound to be pnedent:
At4o pnedent:
Commidd.ionen J. L. Ptummer
Commi 4ioner Rode Gordon
Commi44ionen (Rev.) Theodore GLbdon
Comm,cdd.Loner Manoto Rebodo
Mayon Maun.Lee A. Fence.
P. W. Andnewd, City Managers
John S..Ltoyd, City Attorney
H. V. Southern, City Cterk
Ratph G. Ong.Le, Add.tstant City Ctenk
An invocation wad detLvened by Reverend G,ibdon who then red
thod a pnedent .in a ptedge o 6 atteg.Lanee to the 6tag .
1, DISCUSSION SETTING TIME OF HEARING ON GRAND JURY REPORT OF
POLICE DEPARTMENT - D I SCUS S I oN _ONLY
Mrs. Gordon: Mr. Mayor, I would like to move that the police
matter that is on the minds of all the people here and the
entire community, be heard first. I so move.
REV. Gibson: Second.
Mayor Ferre: There is a motion and second. Under Discussion, I
would like to respectfully ask this Commission since this is a
matter of such great importance, I have asked Michael Frankel,
the chairman of the Grand Jury to come down and speak to us and
he may be able to do it tomorrow because what is at stake here is
an attach by the Miami Herald specifically on the Grand Jury, the
Grand Jury report, Mr. Gerstein, myself and a whole series of other
things and I think the first thing we have got to ^larify here is
whether or not the Grand Jury report is believable.
If the Grand Jury report is believable, and is an unbiased, objective
opinion, then that is one set of circumstances.
If it is not, then I think that changes the whole complexity and
what is being questioned here is the believability and credibility
of the Grand Jury and that obviously must be clarified.
Now I would respectfully request that this matter be postponed
until tomorrow morning and if you are available tomorrow morning,
we can meet at 9 o'clock and do it at that time.
Mrs. Gordon: DIscussion on the motion Mr. Mayor. Will you accept
discussion on the motion?
Mayor Ferre: Yes Ma'am.
Mrs. Gordon: I think you are mixing apples and oranges.
You have made certain statements in the press and in the media and
you have made certain recommendations. I understand that you feel
that the report had some bearing on your recommendation.
1 WIAY 2 31974
Nevertheless, your recommendations were made and I don't think
the Grand Jury is on trial. We accept what we read and what you
said and I believe that this mornings discussion should center
about your recommendations as you outlined them yesterday and
the motion that I made that the police matter be heard is based
upon the things that you stated.
Mayor Ferre: Well I would respectfully ask my fellow Commissioners
to grant me the courtesy of having this matter heard tomorrow morning.
I put it on a personal basis.
Rev. Gibson: Are we going to take any and all appropriate action
tomorrow? Okay, I will go along with that.
Mrs. Gordon: Further discussion and since you did second the motion
Father. I would like to know what possible harm could be in us
discussing the matter at this time and then taking whatever credibility
you may feel lies in the statements that were made by the Mayor as
far as the Grand Jury is concerned is a separate matter.
It has in my opinion no bearing because we are not going to be in
judgment, I don't believe, of the credibility of the Grand Jury
and the whole thing in my opinion must be heard today.
We owe it to the people to hear it today.
Mayor Ferre: This is a typical statement by you Rose. Is there
any further discussion?
Tomorrow we will have -
(Inaudible comment from audience)
Mayor Ferre: Commissioner Calhoun, I think this is to be a matter
that if we start discussing, it will take 3 hours at least and I
think everybody is going to want to be heard on this.
Now the main point is that in the last 2 days, if you look at the
headlines in the newspapers, the credibility of the Grand Jury
and the credibility of Richard Gerstein and my credibility has
been questioned and I am just asking my fellow Commissioners because
I think that this is a matter that requires, the crux of the whole
thing is whether or not the Grand Jury report is objective and
realistic. If it is an objective report, then I think that it
leaves us with one set of circumstances.
If it is not an objective report, then that is something else.
That'is the thing I would like to establish before we get into
discussion.
Based on that I would again -
Mrs. Gordon: I haven't withdrawn my motion. I would like to ask
Mr. Andrews his opinion on your request for deferral.
Mayor Ferre: Mr. Andrews, I have no objection to that, go ahead.
Mr. Andrews: We have 2 matters under consideration. One is the
full area of Grand Jury report and if there is some question in
your mind as to its validity, that is a matter separate from my
immediate concern.
The second question is the policies that you would establish as far
as the guidance as to hots the matter in question of police morale
quotes is to be reviewed. Now that is purely an administrative matter
and I have a very definite idea as to how that should be handled.
Mayor Ferre: Aren't they tied together Paul?
Mr. Andrews: Well I think they are in my opinion, and I think that
if you have a discussion, it should be held at one time so there is
complete continuity. Either do it this morning if you choose to do
so or tomorrow morning, but when you do it, I think it should be
all done at one time.
Mayor Ferre: She didn't ask you that. She asked if you agree with
the idea that perhaps tomorrow morning might be a better time.
Mr. Andrews: Well Mrs. Gordon, I think it would be a better time
2
MAY 2 31974
o
t think you are going to end up devoting a considerable amount of
time to this subject.
1 think you are going,to find it extremely disruptive to this agenda
if you try to pereue it now on the basis that the Mayor has intro-
duced the subject matter.
Mr. Plummer: Mr. Mayor for the record may I ask the name and address
of the speaker please, Would you come to the microphone Sir. If the
Mayor is going to allow you to speak Sir, I would like to know who is
speaking.
Mr. Lingo: I am Charles K. Lingo. I don't think that the Commission
need discuss whether or not the Grand Jury was valid, whether they
were fair or anything about that.
You have been presented with the Grand Jury's Report and you take it
from there. It has nothing to do with what you seem to want to get
into.
Mayor Ferre: Which is?
Mr. Lingo: Which is, whether or not what they had to say and how
they said it and why they said it, is valid, fair -
Mayor Ferre: Well of course that has been questioned by the largest
media in our community.
Mr. Lingo: That makes no difference. You are here this morning
to talk about something else.
I came down here for another reason. The reason that the Commission
is meeting, not whether or not the media is going to be the judge
of how we operate this City or the United States of America.
Mayor Ferre: I am talking to the foreman of the Grand Jury and I
am asking him to come -
Mr. Lingo: You are interested in where I live? I live on S. W.
5th Street between 27th Avenue and 30th Avenue.
Mr. Plummer: While we are waiting for the Mayor to quit his
conversation. Father do I understand you to have withdrawn your
second?
Mrs. Gordon: He did not withdraw. You are putting the words in
his mouth. If he wants to withdraw, then he can speak for himself.
Rev. Gibson: J. L., I can vote man.
Mrs. Gordon: That's exactly right.
Rev. Gibson: I deferred to the Mayor.
Mr. Plummer: You did not withdraw the second?
Mrs. Gordon: That's right.
Rev. Gibson: There is no need of us panicking today. I will be
right here tomorrow giving that vote -
Mr. Lingo: But maybe I won't be able to be here tomorrow. I came
down today -
Mrs. Gordon: Well we have a motion and a second Sir and Father
Gibson has not withdrawn his second and there is going to be a vote
as I assume on the motion. It may fail but there will be a vote.
Mr. Lingo: Well that's typical but anyhow I have said all I want
to say so I will sit down.
Mrs. Gordon: Thank you.
5
MAY23197
•
Mayor Ferre: All right we have tion and second. Further
discttssion? Call the roll.
Mr. Southern: Mr. Plummer?
Mr. PlUMmer: The motion as I understand it is that this item be
handled the firet item this morning. I vote NO.
Mr. Southern:
Mr. Reboeo:
Mr. Southern:
Mr. Reboso?
No, as a courtesy to the Mayor, I vote NO.
Reverend Gibson?
•
Rev. Gibson: I vote NO.
Mr. Southern:
Mrs. Gordon:
Mr. Southern:
Mrs. Gordon?
Yes.
Mayor Ferre?
Mayor Ferre: NO.
Mr. Plummer: Mr. Mayor, I make you a motion SIr that even though I
don't like it that it has to be put off till tomorrow, it is your
request and we the Commission by 4 to 1 have honored your request.
I now ask you Mr. Mayor that the time be set for tomorrow morning
at 9 AM. in these chambers, that the public be so -informed, that any
of them that wish to be heard on this matter may do so, and that it
be fully understood through the media that this Commission will and
expects to take definitive action tomorrow.
Mayor Ferre: All right, I will recognize you in a moment Commissioner
Calhoun. There is _motion that this meeting be at 9 o"clock-
Mr. Plummer: No its going to be a special meeting and it is solely
in your purview to set the time and place.
Mayor Ferre: Does anybody have any objections to 9 o'clock tomorrow
morning? Mr. Andrews, members of the Commission?
In that case, we will have a special meeting for this purpose tomorrow
morning, Friday at 9 A.M.
All right Commissioner Calhoun.
By the way Mr. Andrews, would you get me for tomorrow from the Clerk's
Office, the vote of the people on consolidation of the Police Dept.
in 1970, I would like the exact figures. I am sure we will have to
call upon those figures.
2, WAIVE READING OF MINUTES OF PREVIOUS CITY COMMISSION MEETING
The following motion was introduced by Reverend Gibson who
moved its adoption:
A MOTION TO WAIVE THE READING OF THE MINUTES OF
THE PREVIOUS CITY COMMISSION MEETING
Upon being seconded by Mr. Reboso, the motion was passed and
adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: NOne
MAY 231974
ANDCHAPTER64-OF CODE: "PROTECTION 8 REMOVAL OF TREES"
Mr. Acton, Dir.Planning Dept: Item #3 is a comprehensive
revision to the City of Miami Tree Ordinance. It attempts to
go beyond the present Tree Ordinance in preserving not only trees
within the City of Miami but also natural geological feature.; and
also will define, within the City of Miami certain areas that
have extensive tree canopy or natural hammock like settings into
what we term, "Environmental Preservation Districts".
It sets up an Environmental Review Board which will be composed of
5 members who will review applications within the City of Miami for
development within environmental preservation districts.
We realized from our past experience that we had to limit the amount
of work set forth before any environmental preservation board since
the Building Department does review some 7,000 applications per year,
we attempted to define those areas within the City of Miami which
would have applications for future development that would come before
the Environmental Preservation Review Board.
This ordinance also defines certain areas where rock outcroppings
and natural formations are in the interest of the City of Miami to
preserve. There have been occasions in the past where bulldozers
have not only destroyed the trees and the other valuable natural
amenities but they have also taken out and leveled rock outcroppings
which could form a very valuable environmental setting for development.
That very simply is what this ordinance attempts to do and goes
beyond our existing tree ordinance.
We have had numerous inquiries about how we could upgrade our existing
ordinance and this ordinance we believe will do just that.
Mrs. Gordon: I would like to move that approval of this ordinance.
I am familiar with it. I know that the original ordinance attempted
to preserve the trees and the environment, however i.: was a pilot,
we have now found the loopholes in it. We kno'-we have to close those
loopholes and cause some method, of enforcement which will in fact
prevent the kinds of problems that developed on South Dixie Highway
and all of us have received numerous complaints about that so I would
move the adoption of this new ordinance.
An ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 64 ENTITLED
"PROTECTION AND REMOVAL OF TREES" OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, TO
EXTEND THE SCOPE OF THE EXISTING TREE ORDINANCE
TO PROVIDE FOR THE ENVIRONMENTAL PRESERVATION
OF AREAS WITH EXTENSIVE TREE CANOPY, SCENIC
ROUTES, UNIQUE GEOGRAPHICAL FORMATIONS AND OTHER
SIGNIFICANT ENVIRONMENTAL FEATURES; PROVIDING
FOR SPECIAL REVIEW PROCEDURES AND OUTLINING
THE PROCESS FOR PUBLICLY IDENTIFYING AND
PRESERVING ENVIRONMENTALLY SIGNIFICANT SITES
OR AREAS; PROVIDING THAT IF ANY SECTION, CLAUSE
OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL
IT SHALL NOT AFFECT THE REMAINING PROVISIONS;
REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH
was introduced by Mrs. Gordon, seconded by Reverend Gibson and
passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and
Mayor Ferre. NOES: None
The Ordinance was read by the City Attorney and copies were
available to the Commission and to the public.
MAY 2 31974
CONTINUED WAIVER 0F PARKING SPACES- 1PWBERG PROPERTY TRACT 2
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-397
A RESOLUTION GRANTING APPROVAL FOR CONTINUED
WAIVER OF 75 OF 99 REQUIRED OFF-STREET PARKING
SPACES , AS PROVIDED BY ORDINANCE NO. 6871,
ARTICLE XXIII, SECTION 2 (6), AT 7101-41 NORTHEAST
MIAMI COURT, NEWBERG PROPERTY, TRACT 2, IN
CONJUNCTION WITH CONSTRUCTION OF A 20UNIT
APARTMENT FOR THE ELDERLY, BEING COMBINED
WITH AN EXISTING 60-UNIT APARTMENT ZONED R-4
(MEDIUM DENSITY MULTIPLE) DISTRICT
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution
was passed arid adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None
5, ESTABLISH NEW DEPARTMENT OF PUBLIC FACILITIES 2ND READING
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 THEREOF
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH
passed on its first reading at the meeting of April 25, 1974, was
taken up for its second and final reading by title and adoption.
On motion of Mr. Plummer, seconded by Reverend Gibson, the ordinance
was thereupon given its second and final reading by title and
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8260.
Mr. Plummer: Its understood that in the recommendation of Item #5,
that this department is now being created but at no time does this
preclude our adding other functions to this department because I have
some very definite ideas which I have conveyed to the Manager. He has
asked me to get the department created. We will talk about possible
other adding of functions to this at budget time so I want that for the
record understood.
6
MAY 2 31974
The City Attorney read the ordinance and copies were available
to the Commission and to the public.
6, AMD,ORD, 8190 TRAMPER $3,200 FROM YACHX DOpCKS TO THE YACHT
DOCKS OPERATING BUDGET FOR FISCAL YEAR 3-4
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE 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 OPERATING BUDGET
FOR FISCAL YEAR 1973-74
passed on its first reading by title at the meeting of April 25,
1974, was taken up for its second and final_reading by title and
adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the
ordinance was thereupon given its second and final reading by title
and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and hbsent roll call -
NOES: None (Mayor Ferre)
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 826i.
The ordinance was read by the City Attorney and copies were
available to the Commission and the public.
7, AMD,SEC 30-28 OF CODE- REDUCE FEE FOR ASTROLOGIST TO $424,00
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 30-28 OF THE CITY
CODE ENTITLED "GENERALLY" REDUCING THE FEE OF
ASTROLOGIST TO $424.
passed on its first reading by title at the meeting of April 25,
1974, was taken up for its second and final reading by title
and adoption. On motion of Mr. Plummer, Seconded by Mrs. Gordon,
the motion was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and absent on roll call?
NOES: None (Mayor Perre)
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.18262.
The City Attorney read the ordinance and copies were available
to the Commission and the public.
MIW 2 31974
4111
CHANGE ZONING CLASSIFICATION- LOTS 72,73,74 & 75- BEACOM MANOR
An ordinance entitled
(H-121)
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
FOR LOTS 72, 7:;, 74 AND 75 BEACOM MANOR (8-121)
LOCATED AT APPROXIMATELY 2519 S. W. 7TH STREET
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 HEREWITH
passed on its first reading by title at the meeting of April 25,
1974, was taken up for its second and final reading by title and
adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the
ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and absent on roll call:
NOES: None (Mayor Ferre)
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8263.
The ordinance was read by the City Attorney and copies were
available to the Commission and to the public.
9, CHANGE ZONING CLASSIFICATION- TRACT "A" - DOUGLAS GARDENS
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" WEST OF N.E. 1ST
AVENUE CLOSURE, TENTATIVE PLAT #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
MAY 2 31974
passed on its first reading at the meeting of April 25, 1974,
was taken up for its second and final reading by title and
adoption. On motion of Mr. Plummer, seconded by Rev. Gibson,
the ordinance was thereupon given its second and final reading
by title and passed and adopted by the following vote - AYES:
Messrs. Plummer, Reboso, Rev. Gibson Mrs. Gordon and absent on roll ca._
NOES: None (Mayor Ferre)
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8264.
The Ordinance was read by the City Attorney and copies were
available to the Commission and to the public.
CORRECTING SCRIVENERS ERRORS OF ESTABLISHING FEES ON ORD.
10.' 8243 & 8244 - ESTABLISH FEES FOR USE OF RECREATIONAL FACILITIES,
$ANDSHELL. TORCH OF FRIENDSHIP AND SNOWMOBILE
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 8243,
SUBSECTIONS (B) AND (D) OF CITY CODE, SECTION
39-1 ESTABLISHING FEES FOR THE USE OF RECRE
ATIONAL FACILITIES IN THE CITY OF MIAMI:
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT
was introduced by Mr. Plummer, seconded by Reverend Gibson
and passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon
ABSENT ON ROLL CALL! Mayor Ferre. NOES: None
The City Attorney read the ordinance and copies were available
to the Commission and to the public.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 8244
SUBSECTION 39-2(b) OF THE CITY CODE,
ESTABLISHING FEES FOR THE USE OF THE BANK -
SHELL, TORCH OF FRIENDSHIP AND SHOWMOBILE
BY QUASI -PUBLIC ORGANIZATIONS IN THE CITY
OF MIAMI, REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT,
INSOFAR AS THEY ARE IN CONFLICT
was introduced by Mr. Plummer, seconded by Reverend Gibson
and passed on first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre.
NOES: None
The City Attorney read the ordinance and copies were available
to the Commission and to the public.
5 MAY 2 31974
•
11. CORRECT SCRIVENERS ERRORS OF ESTABLISHING FEES ON ORO, NO.
8245-SEC,39-3 OF CODE ESTABLISH FEES FOR USE OF HENDERSON
r tK AND_MOORE ,PARK TENNIS FAC1LITIE$
An Ordinance entitled -
AN ORDINANCE ENDING ORDINANCE NO. 8245,
SECTION 39-3 OF THE CITY CODE ESTABLISHING
FEES FOR THE USE OF HENDERSON PARK AND MOORE
PARK TENNIS FACILITIES IN THE CITY OF MIAMI,
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT
was introduced by Mr. Plummer, seconded by Reverend Gibson and
passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferree NOES: None
The city attorney read the ordinance and copies were available
to the Commission and to the public.
12. AMD SEC 27-17 OF CODE: FEES AND CHARGES: WAIVING PLAT
PROCESSING FEES FOR GOVERNMENTAL ENTITIES AND AGENCIES
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 27-17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"FEES AND CHARGES" BY ADDING THERETO A NEW
SUBSECTION (c) WAIVING PLAT PROCESSING FEES
FOR GOVERNMENTAL ENTITIES AND AGENCIES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION
was introduced by Reverend Gibson, seconded by Mr. Plummer
and passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT:ON ROLL CALL- Mayor Ferre. NOES: None
The City Attorney read the ordinance and copies were
available to the Commission and the public.
1V
MAY 2 31974
Ilk
13. AMD,SEC,2-82,.2 OF cope: "SAME -FEE FOR PREPARATION OF COVENANTS
TO RUN WITH THE LAND ; WAIVING FOR GOVERNMENTAL ENTITIES ETC,
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-82.2 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"SAME -FEE FOR PREPARATION OF COVENANTS TO RUN
WITH THE LAND", BY ADDING A NEW PARAGRAPH
WAIVING SAID FEE FOR GOVERNMENTAL ENTITIES AND
AGENCIES; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THERE OF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION
WAS introduced by Reverend Gibson, seconded by Mr. Plummer,
and passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre. NOES: NONE
The Ordinance was read by the City Attorney and copies
were available to the Commission and to the public.
14. AIID.SEC.2-86 OF con: "SAME -FINDING MATERIAL ERRORS"
WAIVING FEE FOR GOVERNMENTAL ENTITIES ETC.
An ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-86 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"SAME -FINDING MATERIAL ERRORS", BY ADDING A
NEW PARAGRAPH IN SAID CODE SECTION WAIVING
SAID FEE FOR GOVERNMENTAL ENTITIES AND AGENCIES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN
CONFLICT; AND CONTAINING.A SEVERABILITY PROVISION
was introduced by Reverend Gibson, seconded by Mr. Plummer,
Reboso, Mrs. Gordon and Reverend Gibson. ABSENT ON ROLL CALL:
Mayor Ferre. NOES: None
The City Attorney read the resolution and copies were available
to the Commission and the Public.
1 MAY231974
•
1S, AND,SEC,27-26 OF CODE: "SAME -FEES"
WAIVING FEES FOR GOVERNMENTAL ENTITIES
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 27-26 OF THE
CODE OP THE CITY OF MIAMI , FLORIDA, ENTITLED
"SAME -FEES", BY ADDING A NEW PARAGRAPH IN
SAID CODE SECTION WAIVING SAID FEE FOR GOV-
ERNMENTAL ENTITIES AND AGENCIES; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION
was introduced by Mr. Plummer, seconded by Reverend Gibson,
and passed on its first reading by title by the following v ote-
AYES: Messrs. Plummer, Reboso, Mrs. Gordon, and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre. NOES: None
The City Attorney read the ordinance and copies were
available to the Commission and to the public.
16, AMD,SEC, 2-87 OF CODE: "SAME -PERMANENT REFERENCE MONUMENTS
NOT PROPEL( PLACED"- wilivtNIFEgg FOR GOVERNMENTAL ENTITIES ETC.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-87 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"SAME -PERMANENT REFERENCE MONUMENTS NOT
PROPERLY PLACED", BY ADDING A NEW PARAGRAPH
IN SAID CODE SECTION WAIVING SAID FEE FOR
GOVERNMENTAL ENTITIES AND AGENCIES; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION
WAS INTRODUCED BY Reverend Gibson, seconded by Mr. Plummer,
and passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre. NOES: None.
The City Clerk read the ordinance and copies were available
to the Commission and to the Public.
41)
17, AMD,SEE,27-3 OF CODE: "SAME -FEES; EXPIRATION; RENEWAL"
IAtVLNG. FEES ,FOR ._GOVERNMENTAL ENT-I.oTLES ITC.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 27-3 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"SAME -FEES; EXPIRATION; RENEWAL", BY ADDING
A NEW PARAGRAPH IN SAID CODE SECTION WAIVING
SAID FEE FOR GOVERNMENTAL ENTITIES AND AGENCIES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVISION
was introduced by Reverend Gibson, seconded by Mr. Plummer and
passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre. NOES: None
The ordinance was read by the City Clerk and copies of
same were available to the Commission and to the Public.
18, SiCifidt2EYIEM
SUBMNT GTPIATSNDREPLAYSP�OT 8MMI SION R
WAIVING PLAT PROCESSING FEFS FOR GOVERNMEN ► t,L ENTJT IS ETC.
An ordinance entitled -
AN ORDINANCE AMENDING SECTION 54-20 of the
CODE OF THE CITY OF MIAMI, FLORIDA ENTITLED
"AGREEMENT AND BOND AS TO PAVING AND OTHER
IMPROVEMENTS BY PERSONS SUBMITTING PLATS,
REPLATS, ETC., TO COMMISSION", BY ADDING
THERETO A NEW SUBSECTION (c) WAIVING PLAT
PROCESSING FEES FOR GOVERNMENTAL ENTITIES
AND AGENCIES; REPEALING ALL ORDINANCES,,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY ARL IN CONFLICT; AND CON-
TAINING A SEVERABILITY PROVISION
was introduced by Reverend Gibson, seconded by Mr. Plummer
and passed on its first reading by title by the following vote -
Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson.
ABSENT ON ROLL CALL: Mayor Ferre. NOES: None
The Ordinance was read by the City Clerk and copies were
available to the Commission and to the public.
1 MAY 231974
s
e
19, AMD SEC,2-85 OF CODE: "CHECK OF RECORD PLATS- FEE"
E e; +VERNMENTAL AGENCIES AND ENTITIES`
1:1 1:a
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-85 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"CHECK OF RECORD PLATS -FEE" BY ADDING THERETO
A NEW SUBSECTION (c) WAIVING PLAT PROCESSING
FEES FOR GOVERNMENTAL ENTITIES AND AGENCIES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE; DISPENSING WITH THE
REQUIREMENT OF READING THE SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION; AND PROVIDING
FOR AN EFFECTIVE DATE
was introduced by Reverend Gibson, seconded by Mr. Plummer
for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was
agreed to by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon and Reverend Gibson. ABSENT ON ROLL CALL: Mayor Ferre.
NOES: None. Whereupon the Commission on motion of Reverend Gibson
seconded by Mr. Plummer, adopted said ordinance by the following
vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend
Gibson. ABSENT ON ROLL CALL: Mayor Ferre. NOES: None.
SAID EMERGENCY ORDINANCE WAS DESIGNATED NO. 8265.
The ordinance was read by the City Clerk and copies of
same were available to the Commission and to the Public.
AT 9:45 O'CLOCK A.M., THE COMMISSION ENTERED INTO A
BRIEF RECESS.
AT EXACTLY 10:05 O'CLOCK A.M., THE COMMISSION RECONVENED
THEIR REGULAR SESSION AND MAYOR MAURICE FERRE RETURNED
TO THE CHAIR.
Mayor Ferre recognized the presence of Mrs. Lawrence Sweeney
and Students from Shenandoah Elementary School.
•
Mayor Ferre again announced to those present that the matter
of the Grand Jury Report relating to the Police would be heard on
Friday at 9 A.M.
MAY231974
VICE MAYOR REBOSO/COMMISSIONER PLUMPER - REPORT TO COMMISSION
ON RECOMMENDATIONS REFERENCE THE PENSION PROGRAM
Mr. glummer: Mr. Mayor, this is an item which yol and the rest
of the Commissioners asked Commissioner Rebosr ani t to look into
the areas of the pension fund as brought forth in the Hansen Report
and there are problems and there were stop -gap measures that were
needed. Mr. Mayor, in your agenda, Item #13 are the recommendations
of the committee which we feel are needed to put a stop -gap in
those areas of abuses in the pension fund as it relates to disability.
I would like to state Mr. Mayor, from the onset, that we have
no preconceived ideas or are we trying to railroad this thing
through. As you are well aware, neither Mr. Reboso nor I are
recipients of this fund so we feel that we could look at it
objectively from both sides and we herewith surrender to you our
recommendations. The only recommendation Mr. Mayor that is not
included in this report is that #1 This merely be a first reading
today and #2 That these recommendations become
effective the first day of July, 1974 and on that day a roll be
certified as to the pending applications, so that from that day
forward it would be known.
Mayor Ferre: Mr. Plummer this its a very important item and I
think it behooves you to go over the important items.
Mr. Plummer: I will be happy to.
Mayor Ferre: I would be most grateful if you would take the
necessary time to go over, as I recall you have a total of :1
items and I would be grateful if you would hit the highlights
Mr. Plummer: i'll pause in between in case there are any
questions.
Mr. Mayor, it was felt first of all that this should be separated
into 2 parts in case 1 part was attached, it ct4 nut discredit
the other part.
The part that refers to the past is the recommendations of the
special committee as it relates to Ordinance No. 2230 and that is
that 100% of the people who are on disability pensions be called
back that have not attained regular service retirement age.
That no discretion and no choosing or picking, but just 100% of
the people be re-evaluated at this time.
Now we go into the future.
#1 to the future: Mr. Mayor, the greatest problem incurred in the
pension fund as a disability, I want to say a fallacy but a
provision which gives back to a man that is put out on disability
pension 100% of his contributions are returned to him when he is
declared disabled.
This would be eliminated.
For your information and that of the Commission, in the past 5
years that return of contributions has amounted $1,219,000,000
taken away from the Pension Fund.
One million, two hundred and nineteen thousand dollars, that one
segment alone.
It is the recommendation of this committee that this segment be
totally eliminated.
Any questions?
Rev. Gibson: I wonder if in your recommendations, it just so
happens I hear what you are saying, but do other pension funds
do what we are doing? For instance, if we gave these men this
money back as we are doing, and we have now taken some other measures
that we have already taken and hopefully and I am not so sure that
we don't need to hire somebody to be more specific and like a
watchdog, tell us whether we are investing and when we ought to
sell rather than depend upon, you understand what I mean?
Then we can, maybe the root of the evil is not that we give these
men this lump sum of money back but whether or not we are trading
at the right time and being -
Mr. Plummer: Investing properly.
Rev. Gibson: Rightl And advantageously.
1;; MAY 2 31974
Mr. Plummer: rather, let me put your mind at rest. First of all
there is no question that bad investment has been a key factor in
the probleMS of the pension fund.
SO inrush so rather that approximately a year ago, the Pension
Congaittee, the Retirement Board, the Investment Board Whatever it
was known at that time saw fit to take this away from the company
which had this pension since 1941 and turn it over to 3 money
managers.
Father, please do not confuse anything relating to Investment as
it relates to the Disability portion that I was instructed to look
into.
Rev. Gibson: I agree, but you know I will say about. that as we
say about Police matters. Maybe they are interwoven and the right
hand is holding the left hand.
Mr. Plummer: Have you ever known J. L. Plummer -
Rev. Gibson: No no please, I am not saying that.
that maybe we need to look at -
Now, I discovered with some of these other unions
money back but, they are, more dilligent^and since
the position of dilligence, I just raise it.
Mr. Plummer: Father, I call to your attention Item #11.
I am just saying
, some lump sum
we have gone to
Rev. Gibson: All right.
Mr. Plummer: Any further questions on Item #1?
Item #2: One of the things brought out by Hansen and Company is
that we can no longer assume that city employees are working to an
age of 60.
Today, we have found the Police and Fire have within their means
to retire at age 50 and general employees at age 55.
We have found, that in fact, the average age or. .-ctirement is about
52 to 53 with some factual at 54.7.
This makes a tremendous difference and a loss to the fund when you
set up a schedule of collections of contributions which is never
attained.
It is the recommendation of this committee that this age be reduced
for contributions to the fund from age 60 to age 55 keeping fully
in mind that this one factor as brought out by Hansen and Company
would make a 40% pay -in difference this year. That's a big pay in
and that is Item #2.
Mr. Mayor and Mr. Manager, I would prefer that we don't generate
questions.
You asked me to just highlight them because I have made a guarantee
Mr. Mayor, to the employees that this in no way would be decided
today, that their input would be heard and that everybody would
have their day in court, so I would prefer that any comments or
questions be held until 2nd reading.
Mayor Ferre: Now J. L., why don't you go through your report
without any further interruptions?
If there are questions, would you please write them down and I
think we also should give the Manager the courtesy, if he has a
question to put it forward and then we will recognize Mr. Parks
and then we will discuss what we are going to do next.
Mr. Plummer: Okay, #3: The Retirement Board, it is recommended
Mr. Mayor that a member elected official of this Commission
whether it be the Mayor or one of the Commissioners, be appointed
to the Retirement -Pension Board. That it can be, since the
Commission has, 3 members which it appoints, 1 of those 3 members
could be a Commissioner. Further discussion did revolve around
the fact that it shouldn't be at this juncture, myself or Mrs.
Gordon, since we serve on the Investment Committee, which should
be another Commissioner who does not serve on both boards.
Mrs. Gordon: May I make mention at this time of possible -
Mayor Ferre: Mrs. Gordon, if you would just write down your
questions, I will recognize you at the end of Commissioner Plummers
presentation as I stated a moment ago.
1 u MAY 2 31974
I
ti
Mr. Plummer: All right, Item #3 is an elected official be
placed on t.'tis board.
#4: In the Book Mr. Mayor, that outlines the retirement program,
as it relates to disability. We find that one of the greatest
areas of problems lie in the terminology and definition of that
which is known totally and permanently disabled.
We feel that this must be made more definitive so that there will
be no question in the future what constitutes total and perma-
nent disability. #5. We find, Mr. Mayor, in the medical
board refe::red to presently, is 25 doctors who are selected
as to their expertise in different fields or commonly refer-
red to as specialists. We feel that the City of Miami Beach
has instituted a plan which has worked out very well. That
plan being that a single doctor, (1) which is an arm of the
retirement -pension board be hired with the right of referal
which means that a man brought, or woman, brought before the
board with specialized problems by the board's own doctor
would be sent out to the :3pecialist, they would be examined,
be brought back to the board, and the board's doctor, gather-
ed with all the recommendations would recommend it to the
board. That is item #5. Item #6, we found that the pension
board sometimes and many times were not the final authority
as to whether or not a man was pensioned out. That final
authority could rest with the medical board if the three doc-
tors were unanimous in their recommendations. We are reco-
mmending two things, Mr. Mayor, #1 that a medical certifica-
tion and recommendation not be the only guideline for deter-
mining disability. I don't know how, Mr. Mayor, other than
tell you the terminology which maybe will be laughed at, but
we have seen cases where a man was declared totally incapaci-
tated, and I use the phrase, pictures were tan carrying
three elephants. In other words, a man was in fact, working
and doing a full job. So it is the recommendation that the
pension board be impowered for investigative purposes so that
they will have in fact, two items of input, one medical, the
other investigative and then finally that the pension -retire-
ment board use the same method of voting that this Commission
uses and that is that they have the right to over -rule the
recommendations which they don't have today, that if they
concur with the recommendations that it takes a simple major-
ity vote. If they over -rule the recommendations that it take
a four -fifths vote. #7. It has been found, Mr. Mayor, that
when the total cost of the pension funding on the City's be-
half has been brought to the attention of the Commission for
approval, that this was not delineated in a separate and com-
pletely apart from the regular budget which is a book quite
thick and quite involved. It is the recommendation of this
committee that the funding for the pension fund, the City's
contribution, be totally aside, totally apart then at Budget
time. What I'm saying, Mr. Mayor, is that figures for the
budget and the figures for the Pension contribution not be
coupled, that they be separate so that this Commission can
draw a clear picture as to the amount of money being invest-
ed in the pension fund. Now Mr. Mayor, I would like at this
time if I may, since I will personally be drawing up more
information on item #8, I will briefly touch on 8 but I would
greatly appreciate being given the time to draw a more com-
plete definitive picture which I think has to be done. Mr.
Mayor, this pension fund is one which has an open end fund-
ing. I would like to have the opportunity to draw more facts
and figures of a picture which I see forming in this area.
So all I will say on item #8 is that it is the recommendation
of this committee that this no longer be a totally open end
funding but that some method or formula be devised for fund-
ing of the pension system. #9. It is felt that more com-
plete minutes need to be kept of the pension -retirement
1'; MAY 2 31974
r
board. For example, it was found that I myself personally
appeared before the pension board and had almost a half hour
discussion. This doesn't reflect anything on anybody but the
minutes only reflected that Commissioner Plummer was there,
not what he said, not what he did, or what he raised hell
about. He was there. So we feel they should be more in
depth. #11. We found with the yellow book, let's say the
game book,,the rules which everybody shall play_by, both
the City, the employees, is very disruptive. We find that
in many cases, Mr. Mayor, that no one can really understand
and go back and have a complete set of rules in which to play
by. At the end of the 6 month period which we are recommend-
ing in our next item, that at the end of that time this Com-
mission authorize the expenditure of funds to completely
bring that book up to date so that everybody will know the
rules of the game. #11. Very simply is that no, rule which
is put into force is worth a tinker's until it is test-
ed. We're sure that certain segments of these recommendations
if they are accepted by this Commission will be tested. We
are sure of that and we feel that given the opportunity of
these recommendations being made part of the ball game that
we would like to reserve the right at the end of 6 months
to go back an re-evaluate what bearing these recommendations
have had on the fund. To see whether or not, in fact, more
recommendations are needed, some to be eliminated, or really
how is the fund doing. For Father Gibson's edification, let
me tell you that the areas, #1, this City has in fact an
actuary who on a monthly basis keeps records of the activit-
ies of the investment fund. #2, most all of these areas that
were dwelled into were areas brought out in the Hanson Re-
port which is mandatory every 5 years by an independent out-
side audit. These are the areas that brought up the prob-
lems as we see them. Mr. Mayor, I will only conclude by
telling you that before this report is finalized and approved
at this Commission level, I will be bringing back more in-
formation on item 8 as to funding. I can tell you without
question that this is one of the areas that the employees
themselves are very concerned with as well as I am. I would
like to at this time, as it is on the cover sheet of this, I
would like to thank my secretary, Miriam Glowacki, Lieutenant
Burns and Sergeant Tracy of the Police Department, Mr. Frank
Weston of the Legal Department who drew all of these up in
legal form and most, in particularly, to Mr. Jack Eades of
the City Manager's office who was put at our disposal by the
Manager for the complete formulation and coordination and
help in this committee. And without who's help we would
never have met the 30 day deadline that you set for us. I,
and I'm sure that I speak for Commissioner Reboso, would like
to thank you for this opportunity to serve on this committee.
Mrs. Gordon: Mr. Mayor, may I now.?
Mayor Ferre: Let's give the courtesy to Mr. Reboso now to
see if he wants to make any statement on this report and
then I will recognize the Commission for questions and then
Mr. Andrews.
Mr. Reboso: Mr. Mayor, I think Commissioner Plummer did a
fantastic job in this pension plan and the only thing that I
want to add at this moment is that in item #3, I would like
to propose Commissioner Gibson to be a member of that retire-
ment and pension board.
Mayor Ferre: All right. Would you accept that Father ?
Mrs. Gordon: I didn't hear what was said, would you repeat it?
16
MAY 231974
Vice -Mayor Reboso: I'm proposing that Commissioner Gibson
be a member of the Retirement -Pension Boards.
Mr. Plummer: Excuse me, Mr. Mayor, I respectfully request
that Commissioner Reboso in his zeal and zest to get this
thing started, that since I have guaranteed personally to the
city employees that nothing of this would become final until
second reading, I would request that that be held up for a
30 day period.
Mr. Reboso: That's alright.
Mrs. Gordon: .1 wanted to ask Mr. Plummer a question at the
point of #3 and that question was one of sunshine, so to speak.
The retirement board as it is constituted is automatically a
part of the investment committee in total. On tie invest-
ment committee as the rules go, there are two Commissioners.
The point I wap raising was, with the retirement board re-
ceiving another Commissioner, how would that then affect the
investment committee which would be composed of three? I'm
not asking for any suggestions, I'm asking for a legal eval-
uation of that so that when this comes up for final consider-
ation that the thought be given to whether it should be a mem-
ber on the trust, on the investment trust committee now or
another Commissioner? Iom not asking for answers now I'm
just asking the Law Department to evaluate it.
Mr. Plummer: Mrs. Gordon,... You've raised a very good
point and the only thinking of the committee was that it is
really in fact two separate areas and really the Pension
Board is a lot more work than the Investment Board because
they meet once a month where the Investment Board only meets
quarterly.
Mrs. Gordon: I'm not questioning the amount of work, I'm
only questioning the sunshine aspect on the investment com-
mittee, if in fact the retirement board were constituted in
the manner I previously outlinad. Mr. Lloyd, you'll researzh
that before we come to any decision? Thank you.
Mr. Lloyd: Yes, definitely.
Mayor Ferre: All right, Mrs. Gordon, are there any other
questions you would like to ask?
Mrs. Gordon: No, I want to commend Mr. Plummer, Mr. Reboso
and all of the persons who worked with them to bring to us
this very comprehensive report. I consider it an excellent
job. Thank You.
Mayor Ferre: Father Gibson, are there any questions you
have? All right. I think Mr. Paul Andrews had a question
on item #2.
Mr. Andrews: Yes, I have two qu ations. Commissioner Plummer,
when you were discussing item #2.
Mr. Plummer: All right. Mr. Mayor, Mr. Lloyd has brought to
my attention that this is not in fact first reading that this
is a committee report and he will draw up the necessary frame
work for the next meeting of first reading and the meeting
thereafter for second reading.
Mr. Lloyd: Your second reading, not meaning for passage but
for discussion reading is for discussion purposes.
Mr. Plummer: Right.
MAY ?"1974
•
Mr. Andrew.3: You would have to let an additional meeting
go by to met the requirements.
Mayor Ferre: All right. Mr. Andrews,
Mr. Andrews: Commissioner Plummer when you were discussing
item #2 which is the actuarial adjustment age 60 to age 55,
you used a word'contributions will have to be made'. Are you
also indicating that those contributions will have to be taken
into consideration with item #8 as to who will make these
contributions?
Mr. Plummer: No. Well, let me say this Mr. Andrews. I can
appreciate your concern but I can also appreciate the con-
cern that I don't think Manolo Reboso nor I are the ones who
are going to designate what percentage is paid by who but
there is no question that item #2 and 08 relate to each other.
Mr. Andrews: The other matter, Mr. Mayor, I would ask you to
charge the committee with one more finding. I've tried to
research this and I find the legislative findings or the pre-
amble to a pension system, a retirement system, and I think
it needs to be restated as to the purpose of the City of Miami
becoming involved in the pension system. In the ordinance
itself I find readings in reference to service retirement.
The tendency over the years has been 'to fragment the intent,
in my opinion, of service retirement by picking out classes
and granting emoluments to certain classes within the system
that are different, one from the other. To me, it makes no
difference whether we have a policeman, a fireman, an indi-
vidual who's been in the Sanitation Department collecting
garbage, a garage mechanic whc has been emplc""Pd by the City
and he's reached service retirement. He's entitled to the,
same emoluments as anyone else because he has completed his
longevity with the City of Miami and I would ask you to
further direct that the City give some consideration to un-
raveling this area and restating the purpose of the retire-
ment system. That will set the foundation for future approach-
ments as to adjustments in the plan and system.
Mayor Ferre: Now I would like to recognize Mr. Ralph Parks
who wishes to be heard on this item. Excuse me, Mr. Andrews,
were there any other statements or questions?
Mr. Plummer: Mr. Mayor, let me just before Mr. Parks starts.
Mr. Mayor, I am very concerned in the area of contributions.
I would through you, Mr. Mayor, like to request of the Manager
and the Finance Director, Mr. Bailey that I be furnished
with, at the earliest date possible, tomorrow is not too
soon, the actuarial forecast for the upcoming year for contri-
butions by this City. I know I'm not going to get it to-
morrow but I say that tomorrow can't be too soon. Mr. Mayor,
I have some facts which I think are going to be very reveal-
ing but I cannot work on that set of facts until I have the
upcoming forecast.
Mayor Ferre: All right. Mr. Andrews?
Mr. Andrews: Yes. That will be no problem with Commission-
er Plummer's indulgence. It will take us a few days to
gather this information...
Mr. Plummer: Mr. Andrews, the only thing that botherea me,
and I'll lay this out on the table. By Charter you are
charged with giving this Commission, I think, the Budget by
the first day of June. Am I correct?
2u
Mr; Andrews: No.
Mr. Plummer: When are you charged with submitting that to
us?
Mr. Andrews: When we went to the new fiscal year of October
lst the Charter provisions were intact and the date you have
in mind is an accurate date when you relate the adoption of
appropriation ordinance on July lst but when we went to the
new fiscaliyear of October that changed the impact of that
area and the effort has been to try to get the budget docu-
ment to the Commission in the month of August. I'm going to
try very hard to have it in the hands of the Commission by
July lst.
Mr. Plummer: All right. Fine. Because all I want is the
assurance, Mr. Andrews, that this budget will not be final-
ized without the input which I think is very impyrtant of
this fact finding that I'm going to do but also in the areas
that it is going to be important to you too.
Mr. Andrews: Yes. We will try to get this to you in the
next few days so that you can review it and make your reco-
mmendations so that that can be considered prior to the pub-
lication of the budget.
Mr. Plummer: Fine, thank you.
Mayor Ferre: All right. Anything else? All right, Mr. Parks.
Mr. Ralph Parks: Thank you, Mr. Mayor. I'm here speaking as
Chairman of the Retirement Board and for the Board. Up until
this morning I did not know that Mr. Plummer was going to
not proceed with any questioning and discussion as of today.
I came mainly to request that you not take any action until
you receive the Retirement Board recommendations. Now a
special meeting of the Retirement Board was called for to-
morrow and this was called a month ago and Mr. Plummer and
the committee were invited to attend and it will be tomorrow
at which time the recommendatims will be made to the City
Manager to be presented to the'.Commission.
Mayor Ferre: Mr. Parks, when is your meeting scheduled for?
Mr. Parks: Two O'clock tomorrow. All the Commissioners are
invited, Mr. Plummer and his committee were invited specially.
We had appointed a sub -committee that had gone through the
Hanson Report and had come up with the pertinent facts that
had to be adjusted and changed then we went through these
facts and requested from the actuary savings, or exceding
costs to the City. if these matters were put in. This is
what will be discussed tomorrow and I strongly urge that be-
fore the Commission makes any move for discussion that both
Mr. Plummer's committee's Report and the report from the Re-
tirement Board be put together in which case I am sure you
that you will be able to see that the pensional
as they now stand are so interwoven that it is practically
impossible to change one without going down the line of many
many other changes and I think that the request from the
Board is a legal one and I'm sure you will do so. If you
will tell us when you intend to put this on the next agenda
we will be sure to have everything ready for the Commission
at that time. Thank you.
Mt. Plummer: June the 13th.
2
NAY 231974
Mayor Ferre: All right. Is there further discussion or
does anybody want to be heard....
Mr. PiuMmer Mr. Mayor, so there will be no misunderstanding,
it is the Intention of this Committee the first reading would
be on the 13th of June, the second reading would be...
Mr. Lloyds Just a moment, this is not an ordinance, this is
a report so the requirements of advertising...
Mr. Plummer: No, I'm talking about the ordinance now.
That's not going to make it effective by the first of July.
Mayor Ferre: The other alternative is to make it on first
reading on the 30th and then you could make the second read-
ing on the... No?
Mr. Plummer: No. We'll just have to go to August lst, Mr.
Mayor, that's all. We'll go with the first reading on June
13th, the second reading on the llth of July.
Mr. Lloyd: That would make it affective on the 10th of
August, 30 days later.
Mayor Ferre: All right. Any further discussion on this
item? If not, I would like to personally thank Commissioner
J.L. Plummer and Vice -Mayor Manolo Reboso for the time, ded-
ication, objectivity and effort that they have put forward
in trying to correct what is a difficult situation that could
become a much more difficult situation if we don't address
ourselves to it. Ladies' and gentlemen, and especially the
youth that is with us today, I think this a crnod example of
your City of Miami Commission in action, coming back with a
common sense approach to a very complicated, difficult prob-
lem. As you can see, our government sometimes functions
slowly and it takes time for things to be properly exposed,
properly discussed. From here it will go back to the Pension
Board for their discussion. The Manager has a serious re-
sponsiblility and he will be involved in these discussions
and then it will come back to the Commission for action,
first reading and then we have to wait 30 days and hear it
again the second time and that's the way the Charter and the
democratic pyocess works so that there is sufficient time to
properly discuss and review and think out these problems. It
is dangerous sometimes for things to be done with immediacy,
without further discussion. Sometimes things have to come
out and they have to be repeated several times and then open-
ly discussed before a final conclusion.
211 PROCLAMATIONS
Proclamation of Sunday, June 2nd as Solidarity Day for the
Jews of the Soviet Union -proclamation received by Mrs. Joyce
Somberg, representative of the Greater Miami Jewish Federation.
221 DISCUSSION OF FEDERAL REVENUE SHARING FUNDS AS THEY RELATE TO
THE UNITED WAY _AND METROPOLITAN DADS COUNTY
Mayor Ferre: I would like for the record, read into the
record a letter that was received by all of us from Mr. Alvah
Chapman as President, Board of Directors of the United Way of
22
”10
Dade County, and a letter signed by Mr. David B. Fieeman,
President of the Greater Miami Jewish Federation and the
letter reads as follows, and Mrs. Finkelstein, if you would,
why don't you come forward so you can talk to this matter.
Dear Mayor Ferret dated May 20th. The United Way of
Dade County presents the enclosed proposal for eollaboration
of Revenue Sharing and Human Services for consideration and
approval by the City of Miami Commission. Our Board of Dir-
ectors adopted this proposal at its May 17, 1974 meeting.
The proposal for joint review and analysis of Revenue Shar-
ing matters in the Human Service area results from recent
changes in the system by which Federal Funds come into our
community. The Revenue Sharing Act of '72 created increased
possibility within our local community for decisions of ex-
penditures of Federal Funds. At the same time this has nec-
essitated increased communication among our local institutions
both governmental and voluntary that do finance services to
people. Together, the City of Miami and Metropolitain Dade
County and the United Way represent the major financing inter-
ests for Human Social Services in our Community. With the
advent of Revenue Sharing, all three of our institutions
have at times been simultaneously approached by a community
group or organization to finance a given service or to meet
a proported need. At other times the particular program re-
questing support, where the problem to be addressed has been
the subject of prior fact gatherings and investigations by
one of the three above named institutions. Therefore, this
proposal suggests a very simple way of insuring ?.dequate com-
munications and collaborations on the Human Serv::.ce aspects
of Revenue Sharing Expenditures. The experiences of the past
lead us to believe the time is right for formn3.izing a method
of collaboration and communication particularly among manage-
ment level staff. We are committed to working with you and
other local governmental bodies as appropriate in order to do
the best possible job in meeting the needs of the residents
of our community. We hope you will give this matter every
consideration. Sincerely, Alvah H. Chapman, Junior President,
Board of Directors, United Way of Dade County.
Now that's accompanied by the following statement. "It's
entitled Collaboration of Revenue Sharing and Human Services.
A proposal for coordinated effort by the Chief Executives of
the City of Miami, Metropolitan Dade County and the United
Way of Dade County. This document proposes a method for in-
suring adequate communication and collaboration on Human
Service related revenue sharing expenditures among the three
key financers of such services in the Dade Community, Metro-
politan Dade County, the City of Miami and the United Way of
Dade County. The objective is to avoid a duplication of
effort and reduce the administrative costs involved in prop-
erly analyzing and reviewing the increasing number of re-
quests for physical support being experienced by the three
ihstitutions. This document proposes that a simple mechan
ism be established to provide coordinated review and analysis
by the chief administrators of the three financing institut-
ions who are concerned can share the results of such joint
effort with their governing bodies." That's very important.
"Such coordinated effort would increase efficiency while re-
ducing the staff time necessary to provide sufficient infor-
mation to a particular Commission or board, specifically the
Dade County Manager, the City of Miami Manager and the exec-
utive of the United Way would collaborate together in sharing
information, analyzing requests, exercising judgement and de-
ciding on appropriate recommended courses of action concern-
ing any request received for revenue sharing monies to fin-
ance human welfare programs. The basic fact gathering work
2
would be undertaken on their behalf by a professional staff
team to be appointed by each of the executives. This team
would jointly look into requests, share information from
each other's files or previous experiences, perhaps suggest
alternative courses of action, or iniate suggestions to the
three managers as a group. Such a mechanism would allow each
Of the three institutions to benefit from the experience and
information of the others and would be a major step forward
towards,joining, planning and 'reducing duplicatory efforts in
the Dade Community."
The letter from Mr. David B. Fleeman from the Greater
Miami Jewish Federation reads as follows: "Dear Mayor Ferre,
I am writing on behalf of the Greater Miami Jewish Federat-
ion in support of the United Way of Dade County's proposal
for collaboration on revenue sharing and human services which
we understand has been submitted for consideration and approv-
al to the City of Miami Commission. It is our considered
opinion that the United Way is the most logical entity within
our community to appropriately bring together the forces
within our community for the purpose of identifying immediate
human needs, formulating programs and services to meet these
needs and advising in the most meaningful distribution of
financial resources for these purposes. The proposal for
the cooperation and collaboration and distribution of revenue
sharing resources seems to be the most appropriate way in
assuring that the citizens of our community receive the best
possible services for the dollars available with a minimal
amount of duplication and conflict. We heartily endorse the
proposal and urge the City of Miami Commission to give the
proposal every possible consideration. Sincerely, David B.
Fleeman, President, Greater Miami Jewish Federation."
Mrs. Audrey Finkelstein who is here representing the
United Fund, Mr. Chapman sent the notice that since he is
out of the City he was unable to be with us as was his wish.
Mrs. Finkelstein: Thank you, Mayor Ferre. I actually am
here as an officer of the Board of the United Way to present
the proposal which you just read and to offer to answer some
questions that may be raised. I would only reiterate that
the simple proposal was that the chief financers of human
services in Dade County get together to collaborate and to
communicate with an effort towards providing professional
assistance and expertise to avoid duplication and I might
point out that nothing inherent in what is being thought of
or proposed here in any way seeks to or would in fact take
decision making away from the Commission, but hopefully en-
able it to make the decisions faster, more efficiently with
the benefit of the knowledge of what others are doing with
the same requests. I don't know anything else you'd like me
to offer, Mayor.
Mr. Plummer: I appreciate your being here. You're only a
year too late. I asked, and it's a matter of record, last
year that this very same proposal be adopted, that I was in
favor of it last year and I haven't changed my mind a bit.
It is something that I said last year is of necessity, it is
a must and I think that you will find spread across the min-
utes that this Commission said that it was all right for the
United Way to step in. Now I'm hoping this year that this
Commission will be most emphatic, that you should be a part
of the coordinating efforts of Federal Funds. Thank you.
Kra. Finkelstein: You know when you say step into the act,
we really look at it as a collaborative effort of your City
MnP99VW-
Manager, the Metro Manager and our Chief Officer, the Execu-
tive Director of the United Way work together as a team.
We're not trying to take this over.
Mr. Plummer: Be a part.
Mrs. Gordon: Audrey, may I point out that at the last Com-
mission meeting in fact, we had a resolution which was pass-
ed by the Commission asking the United Way to assist us in
screening an administrator for a new day care for the elder-
ly program so we think in this line. Mr. Plummer said we
all, I appreciate this proposal, I think it is long over due,
I think it is very good and I think it will be very bene-
ficial. Just for the sake of information, when the collabor-
ation is done, it will not only be a collaboration on pro-
grams for those in the well fare class but perhaps ----
this will not limit the class of people who may become, or'
the programs that may become recommendations of this collab-
oration committee. Let me be more explicit. I'm very inter-
ested in day care for children.of all socio-economic levels
continuing in our parks system, for instance. I would be
hopeful that through this collaboration process that it would
not be decided that only those in the welfare class should
become recipients of these funds and this is the point I'm
making and making it very very clearly because this City has
stepped forth in this year with our revenue sharing funds in
many new and innovative ways. In fact, I'm sure you know
about it but I'm going to reiterate for those who don't, that
the City contributed $150,000 to the school board so that
they could administer a pilot afterschool care program for
children of working mothers, not necessarily mothers who are
in welfare, but mothers who need someone to SPA that their
child is not out in the streets and getting into things that
they should not be getting into. It has been well received
in the community and we have received so many favorable re-
plies that I'm hopeful through this collaborated program that
the recommendation will be that Dade County as well as the
City of Miami expand this kind of care to people.
Mrs. Finkelstein: In no streich of the imagination even as
the 58 programs that is under the United Fund now, do not
dwell exclusively with one area of the population. I'm sure
that we're talking about the gamut of human services as op-
posed to other things that you are concerned with. We're
talking about that portion of monies which is expended for
human services.
Mrs. Gordon: And not necessarily those that are in the pro-
gram already...
Mrs. Finkelstein: Oh indeed not, but the point is we have
no way of knowing whether someone who is very well subsidized
in the United Way might come before you with a persuasive
case and we think we owe it, we cannot monitor them but we
can certainly furnish you with information that's already
been done.
Mrs. Gordon: I like the idea and I would like to be able to
move this, Mr. Mayor.
Mayor Ferre: Would you tell me what you're moving now?
Mrs. Gorcb n: I'm moving the proposal as it has been deliver-
ed to us through the United Fund that it be a joint effort of
Metropolitan Dade County, the City of Miami and United Way,
that they form a collaboration on revenue sharing and human
25
MAY 2 ? 1974
•
services committee.
Mayor Ferret No. Mrs. Gordon, don't you think out of courtesy
we ought to let Commissioner...
Mr. Plummer: Mr. Mayor, I don't think this thing is ready
for adoption today. I have made my comments quite clear.
The One thing as Mrs. Gordon and you and the rest of this
Commission know that Commissioner Gordon and I have had a
great difference of opinion as it relates to.. well because
I think the guidelines have to be very clear, Mr. Mayor, be-
fore I vote on this thing. If in fact this committee is be-
ing set up for the purpose of which I feel that I have been
screaming about for a long time, avoiding duplication, then
I think it is necessary.
Mayor Ferre: JL, that's the purpose of this and I would
recommend respectfully that we pass this in principle and
then have the attorney draw up a specific document which we
will then vote on specifically at the next meeting which would
be June 13th.
Mrs. Gordon: This could only be a motion anyway because
we have no resolution here before us. So therefore, I move
it in the manner I spoke about.
Mayor Ferre: Mrs. Gordon, I want to make sure that it's
clearly understood that this is a reversal of any position
that would in any way imply that we come up with a specific
committee of the City of Miami. We will not appoint a com-
mittee for revenue sharing purposes.
Mrs. Gordon: This goes beyond the accomplishment that the
City of Miami committee alone could have accomplished.
Mayor Ferre: Yes, I understand that.
Mr. Plummer: (Inaudible)
Mayor Ferre: Of course. Yes. Let's understand what we're
talking.. Audrey
Mrs. Gordon: We formed a committee and you're saying you
don't want the committee and ;Z'm saying this is better than
the committee you wanted to form because it performs in a
more efficient manner.
Mayor Ferre: What was that you said again Rose?
Mrs. Gordon: I said originally you proposed a committee for
the City of Miami. You proposed it. Ok? Now you're saying
this is better and I'm agreeing with you.
Mayor Ferre: You're beautiful Rose, you really are....
That's unbelievable... Audrey, excuse me, I want to make
two points very clear here. In the first place, I have met
since last year on a half a dozen occasions in trying to get
something like this implemented because I'm a firm believer
in this concept and was, as a matter of fact, a proposer of
it a year and a half ago at a United Fund meeting where I am
on the Board of Directors. Now secondly, I want to point
out as I did the other day to Theodore Rogilio and the mem-
bers of the United Fund, several members that were there,
that this only is in reference to social services.
Mrs. Finkelstein: Even as it so states in here.
2t
MAY 231974
Mayor Ferret Yes. It is social services. Now the point of
that is that we may have need of some of these funds. we
will definitely have needs for purposes which the Manager
will be outlining in his budget review. #2, this Commission
might in its wisdom decide that some of these futids might be
used for the purpose of housing. We may get into the dis-
cussion and I'm sure we will because if nobody else will, I
certainly intend to bring it up that some of these revenue
sharing funds should go for the purposes of public housing
which we desperately need in this community. So I don't know
how much money will be involved but I'm sure there will be
some but what we're talking to is whatever monies are avail-
able for social services. Then this Committee hopefully is
the most efficient way of doing this.
Mrs. Finkelstein: To screen it for you, to analyze it to
provide you with the information that will enable you to
make your decision.
Mr'. Plummer: Let's lay it on the line. Let's don't beat
around the bush anymore. I've heard enough. This committee,
as far as I'm concerned, let me tell you how I expect it to
operate. We're going to say committee, the City of Miami
says that we've got x number of dollars for social programs.
Sow committee, we want you to sit down and we want you to
analyze and we want you to be the governing factor to reco-
mmend facts because we have to put the final approval, not,
that we're going to, that committee, you come up and tell us
we don't want to go into the day care child center kind of a
concept and spend a half a million dollars when Metro has
already got the thing in force...
Mrs. Gordon: You're wrong, Mr. Plummer.
Mr. Plummer: May I finish, please? And spend $200,000 for
administration and give $300,000 to the kids. Metro is already
in the business, let's give it to them, they can spend an-
other $60,000 for administration, but give $440,000 to the
kids. And that's the way I understand this committee to
operate and I don't want it to be any other misunderstanding
because that's what I'm voting on. You're going to be the
ones that are going to recommend to us. You're in the bus-
iness, you know what you're doing and that's why I asked a
year ago that you come back and do it.
Mayor Ferre: All right, Mrs. Gordon.
Mrs. Gordon: Let's clear the record of any misinformation.
Metropolitan Dade County is furnishing services for child
care and .... are limited in the economic and social areas
to the low income only. We are now addressing ourselves to
another class of people who need attention too and this is
not being serviced by metro and this is where you are wrong
and I want you to understand because the record should not
reflect wrong information.
Mr. Plummer: Mrs. Gordon you're entitled to your opinion
and I'm entitled to mine and my opinion I've made quite
clear and I will stick by that opinion as I have before.
Mrs. Finkelstein: The point of it is, Mr. Mayor, as I see
it, how you ultimately spend the money is entirely your de-
cision, that the three professionals who are the professionals
of the biggest financers of these services in the County,
mainly United Way, The City of Miami and Metro. The three
2 , MAY 2 31974
professionals, Mr. Andrews, Mt Goode, Mr. Rigilo are the pro-
fessionals they appoint in their stead, would together look
at the pros and cons, look at what others are doing and then
come back to you armed with this communication and collaborat-
ion information to enable you to decide what you like.
Mr. Plummer: Mr. Mayor, let me tell you where I got sold
on this concept. Ok? When I was in the Elks Club we found
at Christmas time that some kids were getting 12 parties
they were being invited to, the under priviledged and other
kids weren't even being invited to one. United Way said all
right, let's ail come together, let's sit down so that all of
the kids can get invited to a party and nobody is negiicted.
Now this is the same concept I want to see you use again.
Mayor Ferre: 'All right. Now there is one other thing I
want to mention Mrs. Finkelstein which has not been brought
up yet. It is very important. The letter recommends that
this be done jointly between the United Fund, the City of
Miami and Metropolitan Dade County. I have the will and the
expression of the desire of the United Fund which I have read
into the record. We have not heard from Metro. It is very
important in my opinion that Metro also formally agree to
collaborate. I'm glad that the City of Miami is first on
this important item. I certainly hope that Metro will also
join this collaboration because for the City and United Way
to go one way and Metro to go separately, I think would be
most unfortunate. Now I have full confidence...'
Mrs. Finkelstein: I almost think it ought to be inoperative
if it isn't the three.
Mayor Ferre: I'm sure that the Metro Commission will fol-
low or will join this and I have no doubts about it but you
know it is important that it be official.
Mrs. Finkelstein: Pardon me, Mr. Covitz, our staff member
is here with me and we may have information that could an-
swer you right now. Do we, Mr. Covitz?
Mayor Ferre: When is that going to be scheduled, Mr. Covitz?
I see, that's important.
Mr. Andrews: Mr. Mayor and members of the Commission, there
is a procedural aspect here that, and I endorse this concept,
but I want to make sure that we have our procedures under-
stood before we all depart and start getting involved in this
process. I will inform the City Commission in my judgement
as to what funds will be available for the area you're ad-
dressing yourself to. Once this is established the Commis-
sion can then make an announcement that they're going to re-
ceive proposals. Those proposals then will be made publicly
available to you. You in turn will turn them over to me and
I then will be getting together with the United Fund and Metro
and their representative and analyze these proposals and then
report back to the City Commission. Otherwise, we won't have
a public process here of analyzing these and approving a fin-
al program.
Mayor !erre: All right. Mr. Plummer.
Mr. Plummer: Let me tell you where I disagree. Mr. Mayor,
I'm hopeful that one of the things that we're going to elim-
inate and the concern that I had last year, that with this
free give away, and I call it just that, a give away that
took place here last year, that we could eliminate all of
fi
this circus in front of this Commission. Mow you know,
there was -and I'm not going to name names, I'm just going
to talk in the broadest of terms -there was one group here
that was a recipient of monies last year who were flatly de-
nied, I found out later monies by United Fund and I don't
know why United Fund denied them. I don't even want to go
into that but you know United Fund is we the people. They
are the people who know the needs. Now my contention is and
hopefully we'll see that anyone who wants to be recipients
in the area of social need be referred to United Fund then
they will hear then come back us listing in priority those
areas and those designations of amounts as to what this Com-
mission should do with the dollars it has available. Let's
quit waisting our money and time of this Commission.
Mrs. Finkelstein: Mr. Mayor, could I be clear on something?
Mayor Ferre: Please.
Mrs. Finkelstein: Mr. Plummer is speaking in terms of send-
ing the amount of money available and the requests that would
come before it to the United Way instead with recommendations..
Mayor Ferre: No. We can't do that, Ma'am.
Mrs. Finkelstein: No. I'm not asking that. It sounds like
it's not the proposal.
Mayor Ferre: No, I think that may have been misunderstood.
Mrs. Finkelstein: That's why I'm trying to clarify it.
Mayor Ferre: See, what the procedure will be is that if the
proposale come to the Commission we will turn it over to the
Manager, the Manager in turn will turn it over to this Com-
mittee. The committee will have hearings, the., staff will
then make recommendations. Then the committee will decide
whether or not to accept those recommendations. They will
go on record. Then it will come back to the City Commission
as a final document for us to approve or disapprove.
Mr. Andrews: That's right.
Mayor Ferre: Now the only thing you have not told us is
when do you think you will have an idea of what monies will
be available.
Mr. Andrews: Well that idea would come with the budget
which is sometime in July.. estimate and then let's assume
there's $200,000 or $500,000 or whatever the money will be
that the City Commission then can declare that these monies
are reserved for these social programs and whether you'll
then refine that to specific projects a month or two months
later it really doesn't matter because the reservation is
there.
Reverend Gibson: Mr. Mayor, I'm going to be voting against
any motion until we get a similar commitment from the County.
I heard that before, I know what can happen to us. Now I
think we need to get two governmental bodies to agree. Once
they agree I'm for it. I don't plan to see us -you know I
hear what you're saying but man I've been up here too long
and I'm going to be opposed. I want Metro when they meet,
next time or whenever they're going to meet to say the same
thing we're saying.
MAY 2 31974
•
Mrs. Gordon: Let's do it in principle only.
Reverend Gibson; No Rose. 1 heard all of this principle
jazz before and then We never get to it. I want, no, no-
I'M going to vote -we're saying ok.
Mrs. Finkelstein: Contipgent upon their approval.
Mrs. Gordon: That the way 1 want to move it.
Reverend Gibson: Right. And when they say so then we're
going to finalize it. I want to make sure that everybody
understands that.
Mrs. Gordon: Ok. Well then let me say again the way I
would like to move it.
Mayor Ferre: Phrase your motion, Mrs. Gordon.
Mrs. Gordon: Ok. The motion would be that the City of
Miami participate in a collaboration on revenue sharing and
human services between the City of Miami, Metropolitan Dade
County and the United Way of Dade County. This motion is
predicated upon a similar agreement coming from Metropolitan
Dade County.
Mayor Ferre: All right. This is in principle now. There
is a motion, is there a second? Any further discussion on
this motion?
The following motion was introduced by Mrs. Gordon who
moved its adoption:
MOTION NO. 74-398
A MOTION GOING ON RECORD THAT THE CITY OF
MIAMI AGREES TO PARTICIPATE IN THE COLLAB-
ORATION BETWEEN THE CITY OF MIAMI, METRO-
POLITAN DADE COUNTY, AND THE UNITED WAY OF
DADE COUNTY ON A REVENUE SHARING AND EQUAL
SERVICES PROGRAM FOR THE COMING BUDGET YEAR,
PREDICATED UPON A SIMILAR AGREEMENT BY METRO-
POLITAN DADE COUNTY TO DO SO.
Upon being seconded by Mr. Plummer the motion was passed
and adopted by the following vote -AYES: Mr. Plummer, Mr.
Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES:
None.
—a
•
Fi
•
23, ADDITIONAL PROCLAMATIONS AND COMMENDATIONS
a. Presentation of Certificates of Commendation to
Charles Nichols and Stuart Singer, winners of the
National Forensic League Florida State Debate Champ-
ionship, and to their coach, Ms. Judith Seeher.
b. Presentation of Florida Electronics Service Week
proclamation to Mrs. Annette Eisenberg and proclam-
ation of.the week beginning June 17th, 1974 as Florida
Electronics Service Week.
c. Certificate of Appreciation to Miss Maria Louisa
Alvarez.
24, PERSONAL
VACANTMtITYCCOMMISSSIIONNSEATS
Mr. Wm. Mickey McMahon: 120 N.W. 71st Street, that's Liberty
City. First let me thank this Commission for inviting me
although they treated me not too well in the second occasion.
Let me make one note here that on St. Patrick's Day, of all
the Commissioners whom I had contacted for a St. Patrick's
Day Proclamation, this might seem amazing but its really true
and its nice, the marvelous Reverend Theodore GR gave
me the proclamation. Now I'm up here and I'm «ot going to
be the most popular man as I leave this podium. Many times
I have tried to sit on that side of the podium, I ran against
the marvelous Rose Gordon, I didn't make it, I ran against
Steve Clark , I didn't make it. I ran against Manolo Reboso
and I didn't make it but I haven't stopped running. They
call me the Indian, running bear, the streaker. Now, my prop-
osition is this and I know there are going to be scornful
faces on that Commission. I propose that an amendment be
made to the City Charter that whenever there is a vacancy on
this marvelous City Commission first consideration must be
given to the person who receives the next amount of votes in
that particular group. I can't say appoint him or her because
they may have been arrested in the meantime, but they should
be given first consideration. That's all I have to say but
I will make one note that I was passed by three times, Mr.
Mayor.
Mr. Plummer: Mr. Mayor, I move that this item be referred to
the City Attorney for investigation.
Mayor Ferre:
ferred to the
report to us,
Mr. McMahon:
until you put
All right. There is a motion that this be re -
City Attorney, the City Attorney come back and
the legality....
Mr. Mayor, I have been your greatest admirer
me three persons behind.
Mayor Ferre: Mickey, you're a big man and I'm sure that
you'll over come.
Mr. McMahon: Oh I'll forgive you but someday I'll be sitting
in there. My next appearance is against the County Commis-
_ sion and me and Harry Cain just because he has emphasema
3
MAY Z 3197,
doesn't want anyone to smoke. God bless you.
25, STUDENT FORUM - QUESTIONS ASKED MEMBERS OF THE COMMISSION BY
SEVERAL HIGH SCHOOL STUDENTS' PRESENT AT TODAYS
Mayor Ferre: We have some time and following Commissioner
Gordon's recommendation, how many of you would like to ask
questions to this Commission? Would you raise your hands.
All right. Would the people who want to ask questions come
and Bit in this front row. Your name and address for the
record and ask the question.
James Willian Dale, 2600 N.W. 23rd Court, Miami: Robert E.
Lee Junior High, I'm a 9th grade student.
Mrs. Gordon: You're a 9th grade student. Junior Highs con-
sisting of different grade levels, it is necessary that we
know the kinds of questions that come from the different
grade levels.
Mr. Dale: First, I want to commend the Committee on the good
clean up job they're doing on the Miami River. I want to ask
if there has: been any plans or any facilities laid out where
it can be kept up because in my own research of the Miami
Eiver as my duties as a Scout leader and as a student, in
reporting I found that many sections of the Miami River have
been still laid out with pollution and other kind of filth.
Mrs. Gordon: James, I would like to tell you that the City
is extremely interested in the river and it would take us
quite a bit of time to answer that question. I would be most
interested in having you communicate with, if you would, Mrs.
Kory who is here, my aid because we are working with a river
project. If you're interested in being one of the persons
that are involved in this project, we'd be delighted to have
you and I would just like to make mention that we have interns
as we call them ranging from Junior High on through graduate
students at the University and even a graduate attorney in
practice who is here with us today. I would just like you
all to know that one of our interns, a person interested in
government is Michael Samuels. He's a graduate attorney in
practice and John Sands who is a FIU senior and outstanding
student recommended by Dr. Joyce Lily from that University
who is working with us on a specific project and our newest
aid, 6th Grader Niva Troujillo, she's volunteered today to be
an aid in the office with us and we're delighted. Anyone else
interested in working directly with government in some com-
mittee form get in touch with me or my aid, Deloris Kory. If
you could get in touch with her on the river project you could
be a great deal of help. We would like to have. you.
Mr. Dale: In view of the situation as it is that you can't
give me a direct answer, I have another question that I would
like to ask.
Mayor Ferre: Go ahead.
Mr. Dale: It has been brought to my attention by the group
that I lead at my own church that in the schools that they
attend there is no Bible course offered if not specifically
that they want it to be a required course, but it's not really
offered in the manner that they want to choose it and I would
like to know if there could be any kind of a plan laid out
32 MAY 2 31974
where a student could take a Bible course in Junior High
through Senior High where he could not specifically for say
credits or any kind of grade level for it but just for his
own gain, if there is any layout of that kind offered.
Reverend Gibson: Sir, I would be the first to endorse the
Bible course. Unfortunately, you're talking to the wrong
body. The Board of Public Instruction will have to deal
with that. However, there is a Supreme Court ruling against
it but I would hope that you would talk to them. We apprec-
iate that.
Finch Tremellt I'm a 9th grader at Robert E. Lee Junior
High. I would like to ask you that since there are a lot
of drug pushers and everything around here, how come the big
problem like the people that push coke and heroin and all of
that and they get arrested and are out the next morning but
the little petty pushers who push marijauna, they stay in
there, I don't know how long. How come the big ones are out
so fast while the others stay in? I mean the big ones are
the real problem.
Reverend Gibson: Mr. Mayor, I think that really isn't our
providence. We have to deal with maybe two agencies. The
courts say whether you or not you spend six months, ten years
or whatever plus there is an agency and I would hope that
your teacher would seek the opportunity to get you either
before all those judges when they have their regular meeting
and let the judges know that we're tired of seeing policemen
take you in one door and you come out the other, you know.
I think that's really what you're trying to tell us and Mr.
Mayor, it might be interesting in the Grand Jnry report, one
of the police said was what this young lady is referring to.
Incidently, I don't always read, you know but I did read that
much.
Mr. Lloyd: May I make a suggestion, Mr. Mayor? I would sug-
gest to the young lad through you, Mr. Mayor and members of
the Commission that they go two ways.for this; first that
your teacher contact the senior judge of the Circuit Court to
present possibly either a written statement by yourself with
the questions to these series of judges and one to the senior
judge of the Federal Court the other way and also make a
statement of the same nature to the Grand Jury. I will be
happy if your teacher would call me or you would call me to
furnish you the names and addresses of all of these people
and indicate to you how you could go about making such a com-
munication if you wish.
Mayor Ferre: You know you have something here that we ought
to follow on. I think and time and time again it comes out,
the problems we are having are problems not originated by the
City of Miami but problems of laxity in the court system.
Let me ask you something, Mr. Lloyd, would it be possible
for us to try to document, in other words, I would like to
for example, go back and I realize that this is a lot of work
and Paul, maybe you ought to answer this first and then John.
I think we ought to go back say for the last year and see if
we can document how many people we accused and how many, on
major crimes, how many have been convicted, how many have
been released and try to build up a story of what has happened
you know that's understandable and followable. And then,
perhaps in a few months or whatever time it would take to do
that and I realize it is a lot of work in doing that, that we
would then ask for a joint meeting with either the head judge
of the Circuit Court or perhaps a panel of judges so that we
3.,i MAY 2 31974
could explain to them our concern and the type of problems
that we see as a pattern. I think that what you're going
to find is a pattern of not laxity, but perhaps, well I guess
laxity might be the word. I guess there is no other word
really. Leniency, that's a better word. Thank you, Father.
Leniency on the part of the judicial and as you may have read
a comment of somebody in the newspaper yesterday who said
well one of the morale factors that's really severe is that
everytime we apprehend somebody they're out the next day and
this is what this young lady is basically referring to. I
think you may have hit on a very important nerve and I think
we can definitely take this on so I want to thank you for
your very probing and important question.
Miss Tremell: Ok, I have another question.
Mr. Lloyd: I wonder if the young lady might, if•I may be
asked, Mr. Mayor, so bold, state her name and address for
the record so the Commission should know on the record who
the young lady is.
Miss Tremell: My name is Finch Tremell and my home address
is 3140 N.W. 83rd Terrace.
Mayor Ferre: All
form of a motion.
and when he comes
right. I think we might make this in the
Where did JL go? Ask your next question
back we'll put it in the form of a motion.
Miss Tremell: My next question is if a person is picked up
on.suspicion of something and he's questioned and maybe put
in jail for a couple of hours, how come that when he's in
jail that he looses his job, couldn't you help him, maybe
the Police Department doesn't know that he's doing what they
accuse him of but even though he is in jail and might not
get a trial for such a long period of time, how can this be
helped?
Mayor Ferre: That again is a ,judicial problem.
Mr. Lloyd: Would your honor like me to field this one?
Mayor Ferre: Yes. By the way, I want to commend you, that's
an excellent question.
Mr. Lloyd: Yes, it is. That is a good question. Let me
attempt to answer you in this way, that this is a problem
and let me say this right now that Police officers should
not pick up a person on mere suspicion of a crime. There is
a definite legal manner in which they are quthorized to pick
up a person and if you wish, if the Commission wishes I can
outline what the things are but I hesitate to for lack of
time. I suffice to say that mere suspicion is insufficient
and there are of course, legal recourses by the accused per-
son who has been picked up on mere suspicion in the event he
is wrongfully picked up known as false arrest.
Mayor Ferre: Yes but Jack, you know you can very complicated
in answering because you're an attorndy and obviously you're
going to give a very full...
Mr. Lloyd: This is why I didn't want to do that, Mr. Mayor.
Mayor Ferre: I would suggest this, that perhaps you might
volunteer to meet with these young people and in a very
non-academic way explain what the process is and how it oper-
ates. Perhaps there might be some other question to come out
of that.
34
MAY 2 01974
Mr. Lloyd: Not only that, I would be delighted to forward
whatever reooMMendations we Might have after meeting with
these young people to all of the proper agencies.
Mayor Ferre: Right.
Mr. Lloyd: This is a very important question and it's a fine
problem. If you wish, as soon as you finish, come by and I
will give you my name, address and phone number. You may
contact my'secretary, we'll arrange an appointment if you
would like to do. so, with whoever else you wish to have come.
Come by right now and I'll give you my name and address.
Reverend Gibson: If we could get the different teachers
here to go to Mr. Lloyd's office or wherever he says and then
maybe later on reconvein these young people so they could
ask him the questions and then he could frame what they want
to know because I can see now that the students would have
some questions that maybe the teachers don't have and in the
mean time all of the schools would get the benef._t of our
legal services.
Mayor Ferre: All right. We're going to move a little bit
quickly now because we have to be out of here in about ten
minutes so we are going to give you quick answers now, hope-
fully.
Rosa Bogison?: Eighth grader at Robert E. Lee Junior High
School. I would like to ask if you have considered bringing
up again to make Miami a bi-lingual city, why or why not.
Mr. Lloyd: I wonder if I might field that ono because I have
personal knowledge of that. Let me say that the City of Miami
through the Commission and the Clerk's Office, the Manager's
Office and the City Attorney's Office has led the way in this
and I have just received a letter from Mr. Jaime Torrongi? of
the Civil Rights Commission in Washington who asked us what
we were doing to implement the bi-lingual factor in the City
of Miami several months ago. He was writing a paper on this
and we reported to him that the City of Miami led the way in
this respect. Specifically with elections. With great effort
of the Clerk's Office, the elections were held in bi-lingual
fashion and we have reported that in detail to the Civil
Rights Commission in Washington and I've just received a let-
ter thanking us for this with a copy sent to me of the Civil
Rights Commission's Report which includes this in it. I am
happy to say that they have been very complimentary and we
did this several months ago, made the report on the fact that
we did do this bi-lingual election ballot.
Mrs. Gordon: We also are so interested in being a bi-lingual
community that our City Government has a professor teaching
those who are mono -lingual like me to speak Spanish so I just
wanted you to know. And the Department heads, almost all of
them are enrolled in that and the new classes are starting
for all the general employees and the Police Department has
had it for over a year. So you see, we want to work together
and learn together.
Miss Bogison: I would like to ask another question. Why is
seeming that the Police Chief's job is becoming more political?
Reverend Gibson: That's a loaded question. We'll answer
that tomorrow morning.
36 MAY 2 31974
Mayor Ferre: The question was why do you think the City of
Miami Police Chief's job is becoming more political.
Reverend Gibson: I think, Mr. Mayor, that we ought to say to
her that we are involved in politics whether we like it or
not. This is what life is all about, even in your family.
You watch and see how your brother plays you off against your
maMMa or your papa and you'll find out that that's exactly
the way, you know that's a part of politics. Now you can
call it getting along or you can call it understanding, I
have no problem with the terminology but the process is the
same. I confess that we live, we become more political and
whether we call it that or not is the same thing.
Miss Bogison: How do you feel about today's youth really
getting involved in government?
Mayor Ferre: We're all for it and I think it is terrific.
Mrs. Gordon: That's why you're here today, we love it.
Mayor Ferre: I think it is very important too, by the way.
Let me make a point to you. Several years ago in thie country,
I think that the youth of America was deciding the solution
to things was not acceptable and I think that that's changed
in the last two years. I think the youth of America, and
your questions are symbolic of that, have decided that within
the political systems there are answers. And I hope you
always believe that. Thank you very much.
I'm Priscilla from Ponce Junior High and I would like
to ask the Commission specifically what is Mr. Garmire doing
wrong on the job as Police Chief?
Reverend Gibson: Come tomorrow at 9 O'clock and you'll hear
these answers.
Mayor Ferre: In the United States we have a system called
the Grand Jury. The Grand Jury system is a group of peers,
in other words, citizens who go in and investigate matters
which they think are of serious concern. The Grand Jury in
Miami has investigated the Police Department on their own.
They have reported back to us that there are serious prob-
lems in morale and that is affecting the performance of the
Police Department and that's what we're talking about.
Priscilla: O.K., but I don't see how he can be doing anything
wrong. Is he doing a bad job?
Mayor Ferre: Well, the GrandlJury thinks there is something
wrong and there are 23 people who composed the Grand Jury,
don't you see, and they interviewed 70 people in the Depart-
ment and their conclusion was that something was wrong. The
Grand Jury system, you know in this country a man is innocent
until he is proven guilty. Right? Well this is the way de-
cisions are made -twenty-three citizens decided after invest-
igating seventy people in the Department that something was
wrong.
Mr. Plummer: Who wrote these questions?
Reverend Gibson: Mr. Mayor, JL please, I thought you would
ask that. I want to make sure.... that's the area where I
live, I did not write those questions, isn't that right?
Priscilla: No, I did.
3u
MAY 2 31974
Mayor Perre: All right. Any other questions?
26. AWARD BID - ERECT AND RELOCATE PENCE AT AUTO POUND
1901 N S Ws AM. AVENUE
Mr. Plummer: Mr. Mayor, before anybody breaks up the city
Manager has requested that there is an urgent need to pass
item #44. It is a regular item. It pertains to erecting
of a fence and awarding to the low bidder. I will move 44
so that the man can pick up his permit and go to work.
Mrs. Gordon: Mr. Plummer, there are a lot of parts to it.
Mr. Plummer: No, 44.a., Rose. I'm sorry. Just the fence,
that's all.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-399
A RESOLUTION AWARDING THE BID OF FENCE MASTERS,
INC. RECEIVED ON MAY 14, 1974 FOR FURNISHING
ALL LABOR AND MATERIALS TO ERECT AND RELOCATE
THE FENCE AT THE CITY'S AUTO POUND LOCATED AT
1901 N.W. 14TH AVENUE AT A TOTAL COST OF
$5,478.00: 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 FOR THIS
PURCHASE ARE AVAILABLE.
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Plum-
mer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES:
None. Vice -Mayor Reboso absent on roll call.
Mayor Ferre: We'll take one more question and then we'll
have to adjourn.
Luther Peacock from Ponce: In a recent newspaper article it
stated that by 1980 we will have 10 million people in South
Florida and by 1990 50 million. If this is correct, what are
we going to do to help this rush of people.
Mr. Plummer: Watch South Florida sink into the ocean.
Mrs. Gordon: May I answer the question without sinking the
people? The City of Miami and Dade County both, at the mom-
ent, in the process of developing comprehensive plans which
means to allow zoning that can accomodate numbers of people
that we can provide services for. Within the next year or so
the plans that are developed will control the growth consider-
ably so that the figures which you have which are speculation
figures based upon some person's opinions, analysis of what
they had for statistics at that time might not be true at
all. So the way to avoid a catastrophe or over growth is
for Planning and appropriate land use which is zoning.
3 . MAY 2 u 1974
4110
27. REQUEST CITY MANAGER AND CITY ATTORNEY TO DOCUMENT INCIDE CE
FOR ARRESTS, TRIALS, CONVICTIONS AND ACTIVITIES OF COURT SYSTEM
Mayor Ferre: Ladies and gentlemen before we break up there
was a young lady who really asked some, well you've all asked
great questions and congratulations. They are really probing
questions. There was one young lady who brought up the item
of the drug pushers and why the courts, and all of that and
1 think it issvery important that we pass a reso:.ution here
directing the City Attorney and the Manager to document the
information of arrests, trials, convictions versus people
that are not convicted so that you'll come back in perhaps a
6 month period, 4 months, or two months or whatever it takes
to properly document what is happening in our court system
vis a vis the arrests that are being made in the City of Miami
and then based on that perhaps call for a hearing and then
after we are fully documented, request a joint meeting with
the members of the Circuit Court to expose this problem to
them.
Mrs. Gordon: Are you referring to the same statistical in-
formation that we requested several weeks ago or an elabor-
ation upon that which was the clearance rate and which we
all received?
Mayor Ferre: I think it goes further than that because...
Mrs. Gordon: You want an elaboration.
Mayor Ferre:` Yes. I think the thrust of it IL, not only
the information but the hearing and eventually a joint meet-
ing with members of the Circuit Court to go over the infor-
mation..
Mrs. Gordon: Not necessarily the amount of arrests, but how
many were arrested and put in jail and how long were they
kept there.
Mayor Ferre: That's right. Just specifically what she was
asking.
Mr. Lloyd: He's talking about arrests and convictions not
one versus the other.
Mayor Ferre: Yes. And besides the statistical studies which
sometimes don't tell very much, an analysis of exactly what
the pattern is.
The following motion was introduced by Mr. Plummer who
moved its adoption:
MOTION NO. 74-400
A MOTION REQUESTING THE CITY MANAGER AND THE
CITY ATTORNEY TO DOCUMENT THE INCIDENCE OF
ARRESTS, TRIALS AND CONVICTIONS VERSUS PEOPLE
WHO ARE NOT CONVICTED AND FURNISH THE COMMIS-
SION WITH A REPORT ON THE ACTIVITIES OF THE
COURT SYSTEM.
Upon being seconded by Reverend Gibson the motion was
passed and adopted by the following vote AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
36
MAY 2 31974
Mrs. Gordon: I want to commend you young people on the very
comprehensive questions you have asked and as you see, what
you hate asked has led to action being taken by this City of
Miami Commission which will benefit the citizens of Miami in
the long run. So thank: you again for being here.
NOTE: The City Conniseion recessed at 12:00.
SPECIAL NOTE: THE CITY COMMISSION RECOIVENED AT 2:00 P.M.
AT LEGION PARK TO CONTINUE THEIR REGULAR MEETING PURSUANT
TO PUBLIC ADVERTISING OF PLACE OF MEETING CHANGE
The following Commissioners were present:
Commissioner Plummer
Commissioner Gordon
Reverend Gibson
NOTE: Commissioner Plummer chaired the meeting ;n the absence
of Mayor Ferre and Vice -Mayor Reboso.
28, ACCEPT PLAT - DUPLEX TOWNHOUSE SUBDIVISION NO. 1
Mr. Plummer: While we're waiting for the rest to show up
we'll get some of the housekeeping away. I think, Mr. Manager
we can start with item 24.
The following resolution was introduced by Reverend Gib-
son who moved its adoption:
RESOLUTION NO. 74-401
A RESOLUTION ACCEPTING THE PLAT ENTITLED
DUPLEX TOWNHOUSE SUBDIVISION NO. 1, A SUB-
DIVISION IN THE CITY OF MIAMI, FLORIDA;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO 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: Reverend
Gibson, Mrs. Gordon and Mr. Plummer. NOES: None.
ABSENT: Mayor Ferre and Mr. Reboso.
35
MAY 2 31974
o
29, ACCEPT PLAT - BOULEVARD TRACT
The following resolution was introduced by Reverend
Gibson who moved its adoption:
RESOLUTION NO. 74-402
P. RESOLUTION ACCEPTING THE PLAT ENTITLED
BOULEVARD TRACT, A SUBDIVISION IN THE CITY
OF MIAMI, FLORIDA; AND ACCEPTING THE DEDI-
CATIONS SHOWN ON SAID PLAT; AND ACCEPTING
A COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF A TEN -INCH
SANITARY SEWER ON NORTHEAST 14TH STREET
ABUTTING THE PROPERTY PLATTED; AND AUTHOR-
IZING 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: Reverend
Gibson, Mrs. Gordon and Mr. Plummer. NOES: None.
ABSENT: Mayor Ferre and Mr. Reboso.
30, ACCEPT PLAT - NAHHAS SUBDIVISION
The following resolution was introduced by Reverend
Gibson who moved its adoption:
RESOLUTION NO. 74-403
A RESOLUTION ACCEPTING THE PLAT ENTITLED
NAHHAS SUBDIVISION, A SUBDIVISION IN THE
CITY OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHOR-
IZING 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: Reverend
Gibson, Mre. Gordon and Mr. Plummer. NOES: None.
ABSENT; Mayor Ferre and Mr. Reboso.
31, ACCEPT COMPLETED WORTS - MARINE STADIUM STRUCTURAL REPAIRS- 1974
The following resolution was introduced by Reverend Gib-
son who moved its adoption:
4u MAY 2 21974
o •
RESOLUTION NO. 74-404
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
OP GUNITE CONSTRUCTION AND RENTALS, INC. FOR THE
MARINE STADIUM - STRUCTURAL REPAIRS - 1974 AT A
TOTAL COST OF $28,504.66; AUTHORIZING AN INCREASE
OF THE,SCOPE OF THE CONTRACT IN THE NET AMOUNT
OF $17,959.66; ALLOCATING THE ADDITIONAL AMOUNT OF
$17, 959.66 FROM THE ACCOUNT ENTITLED "CAPITAL
IMPROVEMENT FUND - UNALLOCATED FUNDS;" ALLOCATING
THE ADDITIONAL AMOUNT OF $1,795 FROM THE AFORESAID
ACCOUNT TO COVER THE ADDITIONAL COST OF PROJECT
EXPENSE, WHICH INCLUDES ENGINEERING, SURVEY AND
INSPECTION WORK PERFORMED BY CITY FORCES; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PROPER OFFICIALS OF THE CITY OF MIAMI TO MAKE A
FINAL PAYMENT OF $19,105.06 TO GUNITE CONSTRUCTION
AND RENTALS, INC. AS A FULL AND FINAL PAYMENT FOR
ALL WORK PERFORMED AND ALL MATERIALS FURNISHED IN
CONNECTION WITH THE AFORESAID CONTRACT.
(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 Gib-
son, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT:
Mayor Ferre and Mr. Reboso.
32, ACCEPT COMPLETED WORK - ORANGE BOWL PAINTING AND MAINTENANCE
PRASE II
The following resolution was introduced by Reverend Gib-
son who moved its adoption:
RESOLUTION NO. 74-405
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUC-
TION OF HENRY ANGELO & SONS, INC. FOR THE
ORANGE BOWL -PAINTING AND MAINTENANCE (PHASE II)
AT A TOTAL COST OF $51,750.00; AND AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS
TO MAKE A FINAL PAYMENT OF $5,175.00 FOR ALL
WORK PERFORMED AND ALL MATERIALS FURNISHED IN
CONNECTION WITH THE CONTRACT.
(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. Reboso and Mr. Plummer. NOES: None.
ABSENT: Mayor Ferre.
NOTE: VICE -Mayor Reboso entered the meeting at 2:05.
41 MAY 2 31974
•
33 ACCEPT COMPLETED WORK - CENTRAL DRAINAGE PRO, ECG' E-29
The following resolution waa introduced by Reverend Gib-
son who n►oved its adoption:
RESOLUTION NO. 74-406
A RESOLUTION ACCEPTINT THE COMPLETED WORK PER-
FORMED BY D.M.P. CORPORATION AT A TOTAL COST OP
$310,445.50 AND AUTHORIZING A FINAL PAYMENT OF
$31,044.55.
(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. Reboso and Mr. Plummer. NOES:
None.
NOTE: Mr. Plummer relinquished the chair to Vice -Mayor Reboso.
34. PUBLISH NOTICE OF PUBLIC HEARING OBJECTIONS TO COMPLETED CONSTRU-
CTION OF: RiSCAYNE EAST iIIGHWAY IMPROVEM,�NT R-4357
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-407
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION OF BISCAYNE EAST HIGHWAY IMPROVEMENT
H-4357 IN BISCAYNE EAST HIGHWAY IMPROVEMENT DISTRICT
H-4357.
(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, Mars. Gordon, Mr. Plummer and Mr. Reboso. NOES:
None. ABSENT: Mayor Ferre.
35, PURCHASE PARCEL A-1002,3 FOR EXPANSION OF ELIZABETH VIRRICK
PARK
The following resolution was introduced by Mr. Plummer
who moved its adoptions
440
RESOLtfTh3N NO. 74-408
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PUR-
CHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL
NO. A-1002.3 FOR THE CITY OF MIAMI ELIZABETH VIRRICK
PARK EXPANSION PROGRAM AS DESCRIBED HEREIN FOR THE
SUM OF $35,387.50 AND ALLOCATING $38,000 FROM THE
1972 PARKS AND REC(tEATIONAL FACILITIES BOND FUND TO
COVER THE COST AND OTHER MISCELLANEOUS EXPENSES
PERTINENT TO THE ACQUISITION FOR PEE SIMPLE TITLE
OF SAID PROPERTY.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
36, CLAIM SETTLEMENT- MRS. RITA GOUDE
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-409
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO MRS. NITA GOUDE
WITHOUT THE ADMISSION OF LIABILITY,
THE,SUM OF $136,.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, UPON THE EX.,•
ECUTION OF A RELEASE RELEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded.by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
37, CLAIM SETTLEMENT - MRS FERMIN GONZALEZ
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-410
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO MRS. FERMIN GON-
ZALES WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $104.36 IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, UPON THE EX-
110*
• •
ECt)T$ON OP A RELEASE RRLEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND OE fiANDS .
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES:
None. ABSENT: Mayor Ferre.
38, CLAIM SETTLEMENT - RACHAEL GONZALEZ,
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-411
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO RACHAEL GONZALES
WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $130.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, UPON THE EX-
ECUTION OF A'RELEASE RELEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in tho City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso.
NOES: None. ABSENT: Mayor Ferre.
39, CLAIM SETTLEMENT - THOMAS BERRY
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-412
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO THOMAS BERRY
WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $750.00 IN FULL AND COMPLETE SETTLE-
MENT OF ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, UPON THE EXECUTION OF A RE-
LEASE RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
Mr. Plummer: Items 32, a.b.c.d. come with the recommendation of
the City Attorney.
40. WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM
INTERNATIONAL FOLK FESTIVAL MAY 29 THRU JUNEL 1974
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-413
A RESOLUTION GRANTING THE DEPARTMENT OF
PUBLICITY AND TOURISM FREE USE OF BAYFRONT
AUDITORIUM ON MAY 29-30-31 AND JUNE 1-2,
1974 FOR THE INTERNATIONAL FOLK FESTIVAL,
SPONSORED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES:
None. ABSENT: Mayor Ferre.
Reverend Gibson: Mr. Vice -Mayor, I hope all us will take
advantage of the opportunity, even the City employees be pres-
ent and participate tonight in 33. That's near and dear to
my heart and Rose, that's your baby. It certainly will help
to change some of the attitudes of the people in this com-
munity when all of us are there and can see those people in
action. I hope we will all make an effort to go and be pre-
sent.
41, AMD,OR018190 TRANSFER FUNDS FROM YACHT DOCKS DEPARTMENT TO
YACHT DOCKS DEPARTMENT FUND OPERATING BUDGET
NOTE: The City Attorney read the ordinance by title.
Reverend Gibson: Why do we have to do it this way if he is
already employeed? I don't understand.
Mr. Plummer: Because it was a special dispensation, he's
over the age.
Mr. Andrews: Reverend, it's a transfer of funds.
An ordinance entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 8190 (THE
GENERAL APPROPRIATIONS ORDINANCE FOR THE 1973-
74 BUDGET) TO EFFECT A TRANSFER OP FUNDS IN THE
AMOUNT OF $5,508 FROM THE YACHT DOCKS DEPART-
MENT FUND BALANCE TO THE YACHT DOCKS DEPART-
MENT OPERATING BUDGET FOR THE FISCAL YEAR 1973-
74 TO COVER THE COST OF THE CONTINUED EMPLOY-
MENT OF H. LESLIE 4UIGG.
• •
was introduced by Mr. Plummer, seconded by Reverend Gibson
and passed on its first reading by title by the following
vote.AY * Reverend Gibson, Mts. Gordon. Mr. Plummer and
Mr. Reboso. NOES: None. ABSENT: Mayor Petra.
42, APPOINT ADDITIONAL MEMBERS TO CITY OF MIAMI COMMITTEE ON
ECOLOGY AND BEAUTIFICATION
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-414
A RESOLUTION APPOINGING SIX (6) ADDITIONAL
MEMBERS TO THE ORIGINAL LIST OF MEMBERS
OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY
AND BEAUTIFICATION.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES:
None. ABSENT: Mayor Ferre.
43, FOOD CONCESSION - MUNICIPAL JUSTICE BUILDING: DISCUSSION ONLY
Reverend Gibson: I take it that you're getting all that we
can out of this.
Mr. Andrews: Yes sir. I want to indicate that this restau-
rant corporation also serves the Metro Municipal Justice'Build-
ing.
Mr. Plummer: What's the percentage? Is there a minimum plus
percentage? I don't see any percentage in here, I don't see
any minimum. I move that the item be deferred for further
information. Paul, let me tell you whatelse is on my mind.
I see that this contract calls for three plus two years and
you know with a little bit of luck we're not going to be in
that building for three plus two years and we might not want
these people.
Mr. Andrews: That contract would be worded with that pro-
vision in it that in the event that....
Mr. Plummer: I just raising a caution. I move that we de-
fer this for further information.
A motion .to defer this item for further information was
introduced by Mr. Plummer, seconded by Reverend Gibson and
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES:
None. ABSENT: Mayor Ferre.
4t)
NAY 2 2,1974
• •
44, AWARD DID - TRAIL VIEW HIGHWAY IMPROVEMENT H-4366
HIGHWAY AND SANITARY SEWER PORTION
Mr. Andrews: The first portion is for highways and sanitary
sewers, the second is for landscaping and the third is for
storm sewers.
Mr. Plummer: Let me ask this question and then I won't have
to read it all through. You certify that this is the lowest
bid?
Mr. Andrews: Yes, it's the lowest acceptable bid.
Mr. Plummer: No, I didn't say that, Paul. The terminology
says the lowest bid.
Mr. Grimm: This district was divided into four major
portions of work. By taking bids on each separate portion
we were able to save $28,000.
Mr. Plummer: Section a. is the lowest bid. Right?
Mr. Grimm: Yes.
The following resolution was introduced by Reverend
Gibson who moved its adoption:
RESOLUTION NO. 74-415
A RESOLUTION AWARDING THE BID OF G.T.F. CORPOR-
ATION IN THE ESTIMATED AMOUNT OF $440,326.75 FOR
THE CONSTRUCTION OF TRAIL VIEW HIGHWAY IMPROVEMENT
H-4366 IN TRAIL VIEW HIGHWAY IMPROVEMENT DISTRICT
H-4366 FOR BID ITEM A AND D OF PROPOSAL; ALLOCATING
7HE AMOUNT OF $402,691.75 FROM THE ACCOUNT ENTI'.'LED
"HIGHWAY BOND FUND" AND $37,635 FROM THE ACCOUNT
ENTITLED "SANITARY SEWER BOND FUNDS" TO COVER THE
ESTIMATED CONTRACT COST; ALLOCATING FROM "HIGHWAY
BOND FUNDS" THE ADDITIONAL AMOUNT OF $38,269.25
AND FROM "SANITARY SEWER BOND FUNDS" THE AMOUNT
OF $7,054 AND FROM "SANITARY SEWER BOND FUNDS"
THE AMOUNT OF $752 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES, POSTAGE,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend Gib-
son, Mrs. Gordon, Mr. Plummer, and Mr. Reboso.
NOES: None. ABSENT: Mayor Ferre.
4'
45 , AWARD BID - TRAIL VIEW HIGHWAY IMPROVEMENT H-4366
LANDSCAPING PORTION
Mr. Plummer: Is this the lowest bid?
Mr. Grimm: Yes.
Mr. Plummer: Let me ask this, is Marks Brothers in the bus-
iness of Landscaping?
Mr. Grimm: They can work through sub -Contractors and they
list their sub -contractors. They're duly authorized to do
so.
The following resolution was introduced by Reverend Gib-
son who moved its adoption:
RESOLUTION NO. 74-416
A RESOLUTION AWARDING THE BID OF MARKS BROTHERS
COMPANY IN THE ESTIMATED AMOUNT OF $33,734.40
FOR THE CONSTRUCTION OF TRAIL VIEW HIGHWAY IM-
PROVEMENT H-4366 IN TRAIL VIEW HIGHWAY IMPROVE-
MENT DISTRICT H-4366 FOR BID ITEM B OF PROPOSAL;
ALLOCATING THE AMOUNT OF $33,734.40 FROM THE
ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER
THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $3,373.60 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM OAID ACCOUNT
THE AMOUNT OF $675.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES, POST-
AGE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
46, AWARD BID - TRAIL VIEW HIGHWAY IMPROVEMENT H-4366
STORM SEWER PORTION
The following resolution was introduced by Reverend
Gibson who moved its adoption:
RESOLUTION NO. 74-417
A RESOLUTION AWARDING THE BID OF BARCIA ALLEN
CONSTRUCTION COMPANY, INC. IN THE ESTIMATED
AMOUNT OF $232,295.00 FOR THE CONSTRUCTION OF
TRAIL VIEW HIGHWAY IMPROVEMENT H--4366 IN TRAIL
VIEW HIGHWAY IMPROVEMENT DISTRICT H-4366 FOR
BID ITEM C OF PROPOSAL; ALLOCATING THE AMOUNT
OF $232,29500 FROM THE ACCOUNT ENTITLED "STORM
SEWER BOND FUNDS" TO COVER THE ESTIMATED CON-
TRACT COST; ALLOCATING FROM SAID ACCOUNT THE
•
THE AMOUNT OF $23,230.00 TO COVER THE COST OP
PROJECT EXPENSE; ALLOCATING PROM SAID ACCOUNT
THE AMOUNT OP $4, 645. 00 TO COVER THE COST OP
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
POSTAGE, AND AUTHORIZING THE CITY MANAGEMANAGEA TO
EXECUTE A CONTRACT WITH SAID FIRM. .
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
47, AWARD BID - 11 HIGH BACK CHAIRS FOR FIRE DEPARTMENT
The following resolution was introduced by Mr. Plummer
who moved its adoption.
RESOLUTION NO 74-418
A RESOLUTION ACCEPTING THE BID RECEIVED APRIL
17, 1974 FROM EQUIPMENT & FURNITURE CO., INC.
FOR FURNISHING ELEVEN (11) HIGH BACK LOUNGE '
CHAIRS FOR USE BY THE FIRE DEPARTMENT AT A TOTAL
COST OF $1,571.56.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
48, AWARD BID - 500 PLASTIC SEATS FOR THE ORANGE BOWL STADIUM
Mr. Plummer: The thing that comes to mind, we're planning
on doing improvements to the Orange Bowl, making chairback
seats and here we are buying plastic covers for them.
Mr. Andrews: You must keep in mind that we will probably
relocate these seats and not abandon them. Those seats have
been in place for approximately 8 years or so and the seats
are about 8 to $8.50 per unit to make the replacements of
those that are cracked and even if we get intothis we'd want
• to replace those because they're uncomfortable, they're fold-
ing up....
Mr. Plummer: We're keeping in mind that we hope to re -do the
Orange Bowl?
Mr. Andrews: Yes sir.
The following resolution was introduced by Rev. Gibson
who shoved its adoption:
•
RESOLUTION NO. 74-419
A RESOLUTION ACCEPTING THE BID RECEIVED APRIL
19, 1974 FROM AMERICAN SEATING CO„ FOR FURNISH-
ING FIVE HUNDRED (500) PLASTIC SEATS AND HARD-
WARS FOR USE IN THE ORANGE BOWL STADIUM AT A
TOTAL COST OF $4,300.00.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
49, AWARD BID - 11 AIR CONDITIONING UNITS FOR CITY-WIDE USE
Mr. Andrews: Mr. Vice -Mayor, on item #40 if I may interrupt
you, we're actually awarding only 11 units at a coat of
$2,666.00 rather than 15 as stated in... so I wanted to cor-
rect that.
The following resolution was introduced by Mr. Plummer,
who moved its adoption:
RESOLUTION NO. 74-420
A RESOLUTION ACCEPTING THE BID FOR ELEVEN (11)
AIR CONDITIONERS RECEIVED MARCH 29, 1974 FROM
SEARS, ROEBUCK & CO. AT $1,916.00, AND FROM
CHRYSLER AIR TEMP AT $750.00, AT A TOTAL COST
OF $2,666.00 FOR USE BY VARIOUS DEPARTMENTS
THROUGHOUT THE CITY OF MIAMI; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENTS TO ISSUE PURCHASE ORDERS
THEREFOR AS FUNDED FOR IN PROPERTY MAINTENANCE
DIVISION 1973-74 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
50, AWARD BID - KENNEDY PARK LIGHTING - 1974
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-421
A RESOLUTION AWARDING THE BID OF LOWRY ELECTRIC
CO., INC. IN THE ESTIMATED AMOUNT OF $82,589 FOR
5u MAY 2 31974
a
•
UAVID T. XENN "DY PARK = LIGHTING 1974 ALLOCAT-
ING THE AMOUNT OF $82,589 FROM THE ACCOUNT ENTITLED
CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS TO COVER
THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT Or $8,258 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $1,.650 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES, POSTAGE, ETC.;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,140
TO COVER INTERIM SECURITY LIGHTING BY CITY FORCES;
AND AUTHORIZING TIME CITY MANAGER TO EXECUTE A CON-
TRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
51, UTILIZATION OF LANDS UNDERNEATH EXPRESSWAYS FOR
MUNICIPAL PURPOSES
Mr. Plummer: This wording is incorrect. My motion at the
last meeting was not for the purpose of utilizing underneath
of the expressways for tot -lots. I said very clearly under-
neath of expressway for municipal purposes. Now that's not
just tot -lots. It could be for parking, for tot -lots, for
parks, for anything. I'm hoping that this thing can be cor-
rected. I thought that I had instructed my secretary to in-
struct the Clerk that I would like to take it off and...
Mrs. Gordon: Take the *word tot out... various uses.
Mr. Andrews: Put Municipal uses under expressway.
Mr. Plummer: So we can just take out the wording tot lots.
All right.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-422
A RESOLUTION REQUESTING THE CITY MANAGER AND
THE CITY ATTORNEY TO PURSUE A PROPOSAL FOR
UTILIZATION FOR MUNICIPAL PURPOSES OF LANDS
UNDERNEATH EXPRESSWAYS AND SUBMIT A REPORT
AND RECOMMENDATION TO THE COMMISSION WITHIN
A REASONABLE PERIOD OF TIME.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mrs. Gordon i the resolution
was passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None.
ABSENT: Mayor Ferre.
NOTE: Mayor Ferre entered the meeting at 2:15 P.M.
52, EXPRESS POLICY TO ELIMINATE CHARGES FOR PRACTICE SESSIONS
FOtSOFTBALL LEAGUES PLAYING IN CITY PARK
An Ordinance entitled:
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT
OF "SLOW PITCH LEAGUES"; A $100.00 ENTRY
FEE TO BE PAID TO THE CITY 0' MIAMI IN LIEU
OF ALL OTHER FEES,; WAIVING AI..L OTHER CHARGES
AS REQUIRED IN ORDINANCE NO. 8243; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE
AND DISPENSING WITH THE REQUIREMENT OF RUDING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE
COMMISSION.
was introduced by Reverend Gibson and seconded by Mr. Plummer
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: Reverend Gibson, Mrs.
Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
Whereupon the Commission, on motion of Reverend Gibson, sec-
onded by Mr. Plummer, adopted said ordinance by the following
vote AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr.
Reboso, and Mayor Ferre. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8266.
The City Attorney announced that each Commissioner had been
furnished with a copy of the ordinance and that copies are
available to the public.
53. REQUEST CITY MANAGER TQackEMELEAN NID,BccREA�NN,BUDGET
IN AN ATTEMPT TO FUND AT THE
M IAMI BASEBALL, _TADIUM ETC,
Mr. Lloyd: There doesn't have to be any motion. That was
passed last week and I think the City Manager has a report
on that and they're also here.
Mayor Ferre: Mr. Manager, you want to report on that now?
Mr. Andrews: They have removed the potentiality of solicit-
ing and from that standpoint that matter is cleared up. How-
ever I want to once again recommend rather strongly to the
Commission that you not waive the out-of-pocket expenses that
the City will go through in providing the facility for this
purpose.
Mayor Ferre:
that's here.
Mr. Plummer:
waive?
Let me welcome the legionaires and everyone
It's good to see you.
What is it that you recommend that we don't
Mr. Andrews: Out-of-pocket expenses that everyone is
required to pay the City when the fees for the use of
stadium are waived.
Unidentified speaker: We do pay the caretaker ....
now
the
Mr, Andrews: This is the lights if they're used, the insur-
ance and all the other costs that would be a direct cost to
the City.
Unidentified speakers Like,/ said before, our program has
been going into our fortieth year and the City of Miami has,
past 12 years granted us the use of the Miami Stadium with-
out any fees attached, paying the custodian and tha Miami
Stadium is the only stadium, the only ball park that we have
in the City of Miami and you have quite a few schools involv-
ed, Jackson, Curley, Edison, La Salle, those boys are parti-
cipating in this program and we do get parks from every muni-
cipality. Miami Beach gives us Flamingo Park, no fees attach-
ed. They give us three four nights a week. We get from
Hialeah Stadium, Harris Field in Homestead, we get their fac-
ilities, the County gives us facilities. Gentlemen, we are
concerned with 250 boys, they're teenagers from 16 to 19 and
actually we're doing the City a service in taking care of
these kids.
Mr. Plummer: Let me ask this question. Mr. Andrews, how
many nights are they talking about and how many dollars are
we talking about? Dk, 27 nights represents approximately
how much money?
Mr. Andrews: About 10C a night.
Mr. Plummer: Do we have $2700 in our publicity budget? I'm
thinking I don't want them to be on the hook this year. Now
if we can get it passed this year then we can go into talk
about it next year.
Mr. Andrews: Even if there was $2700 in the publicity Butiget
you couldn't use it for this purpose.
Mr. Plummer: Why?
Mr. Andrews: Because the
the purpose by charter to
tourism and you'd have to
Mr. Plummer: Mr. Andrews,
do we give it to them this
iations next year?
Publicity Budget was set up for
advertise the City and to attract
justify that this activity attracts..
where do we find the $2700? How
year and go into further negot-
Mr. Andrews: If it is your wish I suggest you adopt a motion
and I'll look for the funds and I'll report back to the Com-
mission.
MOTION:' NO. 74-423
A MOTION REQUESTING THE CITY MANAGER TO ANALYZE
THE FINANCIAL CONDITION OF THE CITY OF MIAMI'S
PARKS DEPARTMENT IN AN ATTEMPT TO PROVIDE FUNDS
IN THE AMOUNT OF $2,700.00 FOR THE PURPOSE OF
DEFRAYING EXPENSES IN CONNECTION WITH THE USE
OF THE MIAMI STADIUM BY THE AMERICAN LEGION
BASEBALL LEAGUE.
The preceding motion was introduced by Reverend Gibson,
seconded by Mr. Plummer and passed and adopted by the follow-
ing vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer,
Mr. Reboil() and Mayor Ferro, NOES; None.
5u MAY 2'31974
�t3 tirtver4.4.+v .rittU t1L t
We're going adopt it this year beds n to ill a bifid e
� i
We don't Wan I:o see you go wanting, bu I'm telling you by
the time this 27 days is over, you get in touch with the Man-
ager's Office and start working on next year because you might
not find it as benevolent next year.
54, ISSUE PURCHASE ORDER (6) GMC TRUCK CAB AND CHASSIS ETC,
EteRG NCY PURCHASE
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-424
A RESOLUTION RATIFYING THE ACTION TAKEN .AS AN) •
EMERGENCY BY THE CITY MANAGER IN AUTHORIZING
THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT
OF $39,919.99 FOR THE PURCHASE OF SIX (6) GMC
TRUCK CAB AND CHASSIS FROM GMC T$UCK AND COACH
DIVISION; AMENDING RESOLUTION NO. 73-951 TO DELETE
THE ACCEPTANCE OF BID ITEM NO. HE-74-2 AND CAN-
CELLING PURCHASE ORDER NO. 56785 ISSUED TO TALLY
EMBRY FORD, INC. FOR THE PURCHASE OF SIX (6)
FORD TRUCK CAB AND CHASSIS IN THE AMOUNT OF
$47,988.00.
(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: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
55, CONFIRM ACTION OF CITY MANAGER IN ASSIGNING LEONARD 11ISZ MAI
TO APPRAISE PROPERTIES FOR AFRICA N SQUARE PORTION OF.
MARTIN LUTHER RIND ROULEVARD
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-425
A RESOLUTION CONFIRMING THE ACTION OF THE CITY
MANAGER IN ASSIGNING MR. LEONARE BISZ, M.A.I.,
TO APPRAISE THE PROPERTIES PROPOSED TO BE
ACQUIRED FOR THE AFRICAN SQUARE PORTION OF THE
DR. MARTIN LUTHER KING BOULEVARD PARK PROJECT;
ALLOCATING THE SUM OF $3,600 FROM THE PUBLIC
PARK AND RECREATIONAL FACILITIES BOND FUNDS;
AND AUTHORIZING THE PAYMENT OF THIS $3,600 TO
MR. LEONARD BISZ FOR HIS APPRAISAL SERVICES.
(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
.Gbbson, Mra. Mr. Plummer, Mr. Reboso, and Mayor Ferre.
NOES: None. Gordon,' MAY 2 31974
•, ; r
56, CONFI CTION OF CITY MANAGER .t m ENCY REPLACEt4Nt OF
COMP R AT MUNICIPAL ,JUSTtCF. ,,,DING
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-426
A RESOLUTION CONFIRMING THE ACTION TAKEN AS AN
EMERGENCY BY THE CITY MANAGER IN AWARDING THE
CONTRACT FOR REPLACEMENT OF THE COMPRESSOR AT
THE MUNICIPAL JUSTICE BUILDING TO McDONALD AIR
CONDITIONING, INC. AND AUTHORIZING THE PAYMENT
FOR THIS WORK TO BE MADE FROM THE PROPER 1973-
74 BUDGETARY ACCOUNTS IN THE PROPERTY MAINTEN-
ANCE DIVISION OF THE DEPARTMENT OF PUBLIC PROP-
ERTIES.
(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, Mr. Reboso and Mayor Ferre.
NOES: None.
57, AUTHORIZE MANAGER TO ENTER INTO AMENDED AGREEMENT WITH BOOZ-ALLEN
fATA PRf1CFSSiNG STUD1(
Mr. Andrews: Mr. Mayor, there is no action needed by the Com-
mission in reference to this item. I want to report that I
had indicated to you that the cost of that study would be
approximately $50,000 and while that's reflected in the record,
I wanted to indicate to the Commission that the negotiated
contract is actually $55,000 and I'm prepared to enter into
it but I didn't want to do so until I had made this announce-
ment.
Mr. Plummer: You were authorized and I want it to be as soon
as possible. Were you able to negotiate the 90 day clause?
Mr. Andrews: Yes, sir. The day that we left the Commission
meeting when this was discussed we went into my office af:er
the meeting and negotiated this and it has already been under
way.
The following motion was introduced by Mr. Plummer who
moved its adoption:
MOTION NO. 74-427
A MOTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AMENDED AGREEMENT WITH BOOZ-
ALLEN AND HAMILTON IN THE AMOUNT OF $55,000
FOR AN INCREASE IN SCOPE OF SERVICES OF THE
MANAGEMENT SERVICE AND DATA PROCESSING STUDY.
Upon being seconded by Reverend Gibson the motion was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
Mr. Plummer (on roll call): In voting yes, I want to state
to you, Mr. Mayor that this was one of the recommendations
that came out of the committee meeting that you assigned
&J'ather Gibson and I to, that this is a must and this is MAY 2 31974
-..+ ..:.%rim+ nf.41r04'iNri ns>o .ifihai-• wa. haar,a tn nay f-n An ilum i na
•
•
Mr. Andrews: Mr. Mayor and members of the Commission, I also
want to indicate that the information that willinlbete producei].--
d
ion
from this report there will be preliminary
able on Jute 14th.
S$, AUTHORIZE EXTENSION OF AGREEMENT
POLICESDEPARTMENTRESEARCH
PROGRAMNSTITUt=
FOR DEVELOPMENT OF MIAMI MODERN
BEYOND ONE YEAR PERIOD
Mr. Plummer: In the pr9liminary information, I'll go a step
further since he doesn't want to, will be as it relates to
the Police Department and that isthe rather than the computers
for
the
le Police
it
Department which is a part of
com-
puter system. That was one of the reasons for the report,
for the study and it was
concern
everythingFather
would blendsthat
in and
everything would be compatible,
in fact it would not be a duplication.
Mayor Ferre: All right now, Commissioner Plummer, let me ask
you now to report to the Commission more or less without pin-
ning you or your Committee • down as to exactly wha•; the time
schedule is. I would like to know approximately when you will
complete this phase of your report.
Mr. Plummer: Mr. Mayor, I have a set of the plans and specs
out to professionals, h tewereeinvolvedn sat dowwWehhave already outthe initial group
of SRI, the people t
of the committee meeting come forth with the number one port-
ion or the phase of it which I was concerned and that is the
computers. .The second phase of it is the cost of the build-
ing or construction and the third phase of it was the actual
operating cost of day-to-day. So really, I will be forth
coming with the report within the next 30 days as to what we
have found in the cost of construction and number two the
cost of operating cost on a day -today basis. So that's
within the next 30 days.
Mayor Ferre: Today is the 23rd...
Mr. Plummer; Let's say by the last meeting in June.
Mayor Ferre: Mr. Andrews, do you, because I think this affects
the Stanford Research Institute Study and maybe you might
want to speak to that which is item "f", I guess.
Mr. Andrews: Well the Stanford Research Institute second
year of their total project will be drawn to a conclusion on
June 14th and I realized that the course of events that were
taking place, that they could not bring their initial year's
study to completion without moving ahead positively on the
MAY221974
building and having some positive answers on the computers.
1 requested that they diminish their effort at this titre, rec-
ognizing that they would have people here in Miami spending
City funds without really those funds bearing fruit as far
as this second year program is concerned. We arranged for
the to reduce their work force and this permits us to take
the funds that are allocated and extend them over a longer
period of time. I would like the Commission's approval to
extend that contract beyond the 1 year but staying within
the funds that were provided when the Commission originally
authorized this portion of work.
Mayor Ferre: Is that understood by everyone now?
Mr. Plummer: No, because it's not correct. Let me tell you
what is correct. Last year when the second year of action of
SRI came up it was my concern at that time with Mr. Reese
that one group who was initially hired to do this over all
study would be there for the full five years. There is a
motion of intent of this Coimission, presently, we wanted
to approve at that time the full five years. Mr. Reese at
that time said fine, put that in the motion of intent but
implementation for year by year, by year. I don't want any-
body to get misconstrued on this thing here. This; was a full
five year program by SRI with renewable options every year
and this is one of the renewable options. I'll bee happy to
move it, Mr. Mayor.
The following motion was introduced by Mr. Plummer who
moved its adoption:
MOTION NO. 74-428
A MOTION AUTHORIZING THE CITY MANAGER
TO EXTEND THE EXISTING AGREEMENT WITH
STANFORD RESEARCH INSTITUTE FOR THE
DEVELOPMENT OF A MIAMI MODERN POLICE
DEPARTMENT PROGRAM BEYOND THE 1-YEAR
PERIOD, UTILIZING FUNDS ALREADY PRO-
VIDED FOR THIS PROGRAM.
Upon being seconded by Reverend Gibson the motion was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
59, CONFIRM ACTION OF MANAGER- SUBMISSION OF FEDERAL GRANT FOR
"LAW ENFORCEMENT COMMUNITY OUTREACH AND CAREER PROGRAM"
Mr. Plummer: What is it?
Mayor Ferre: This is the Federal Grant Application, U.S.
Department of Justice.
Mr. Andrews: This application to the Department of Justice
for $300,000 which will be a grant which will be made avail-
able to the City if we're successful, will enable the City
to go out in the community and employ blacks and Latins and
bring them into the Police Department, place themin a var-
iety of roles so that they can be trained and further educat-
ed, leading up to the potentiality of taking the examination
and becoming sworn Police Officers. We're making this appli-
cation on the basis that there are people within our community
'I
MAY231974
who poseas the qualities of becoming sworn Police officers
but who lack the educational background. By bringing these
people in a year in advance, 9 months in advance of when they
would be asked to take an examination. We feel that we can
make a tremendous contribution as far as bringing in these..
Mayor Ferre: Mr. Andrews, is this part of the LEAA program
that Mr. Rice was here to see us on?
Mr.' Andrews: Yes.
Mayor Ferrel And this is part of the application as you,
just to remind the Commission, this is at the request and
through the efforts of Commissioner Manolo Reboso who called
Mr. Ray Maduro of the office of the, the cabinet office of
Spanish Speaking in Washington, isn't that part of it?
Mr. Andrews: Yes. It's part of the whole concept of that
area. The specific area that you're speaking to now is a
grant for the purpose of further training sworn Police of-
ficers.
Mayor Ferre: I see, so this is just a portion of it but not
the total amount? All right, I understand.
The following resolution was introduced by Mr. Reboso
who moved its adoption:
RESOLUTION NO. 74-429
A RESOLUTION CONFIRMING THE ACTION TAKEN BY
THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL
GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT AND ADMINISTRATION TO INITIATE
A PROJECT ENTITLED, "LAW ENFORCEMENT COMMUNITY
OUTREACH AND CAREER PROGRAM" AND FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE CONTRACTS AND AGREEMENTS
NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT
OF THE GRANT.
(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, Mr. Reboso and Mayor Ferre.
NOES: None.
56
60. REPORT OF CITY COMMISSIONER ROSE GORDON ON TAXICAB STUDY
Mayor Ferrel Mrs. Gordon, you were selected to be the chairman
of an investigative committee of the City of Miami Commission to
research, study and recommend to this Commission specific action on
the taxicab, the various taxicab matters that have come up before us.
We have gotten your written report. At this time I would request
that you go over it in a succinct manner, but covering it as thor-
oughly as you wish to.
Mrs. Gordon: I would like to begin the report to you and the
Commissioners by recapping some of the things that had to take place
prior to my being able to come back to you with any report of sub-
stance. One of the most important things that had to take place
from my point of view was that the extensive Dade County Taxicab
Report be completed, and those of us interested in the expansion of
service to the people of the City of Miami via other vehicles be-
sides the MTA buses have this available knowledge. That report did
come out in April, and on.the 30th of April we called a meeting of
all interested parties that had responded that they would like to be
called, and the meeting was held in the City Hall, and the minutes
of that meeting are in writing and available to anyone who desires
to have a copy, and the Clerk would furnish it to them, I am sure,
if they request it at City Hall. At that meeting we did not permit
a debating kind of a meeting. we set the guidelines to begin with
as this is a fact-finding and information -searching meeting, and I
would commend all of the people who took part in that meeting, be-
cause they all stuck to the guidelines that we had asked them to
stick to. Therefore, it was not as difficult a process as you might
expect for the analysis to be made, and through some further con-
sultation with people who had specific knowledge that they could
add to the input; and I did have consultation with our own Taxicab
Lureau, our Major Smith and Sergeant Glover. I also lead conversa-
tion with Dr. John Dyer of the Metro Transportation Department,
Director, I believe, is his title; I am not sure. In essence, after
all of this information gathering was completed and consultations
were held, certain conclusions, and together with the City Manager,
have been arrived at. You have a brief resume of my recommenda-
tions, which are a result of this fact-finding session and consulta-
tions, and I would hope that this Commission would consider them.
First, it would be to establish a classification within the code of
a vehicle which could be called, but not necessarily limited to,
quote, unquote, a pool cab. Two, that we would establish a route
where there would be a critical need, and we would cooperate with
the Metro Transit Authority in establishing where this particular
fixed route would be. This would be on a trial basis for a period of
approximately six months to see how it would work out. Now one of
the most important items about the entire procedure is to find out
if, in fact, the taxicab industry, who have verbally indicated great
cooperation to the City in expanding taxicab service, would be will-
ing to do so in response to a written solicitation, proposal if you
please, that would be prepared and developed by our Manager. And it
is considered that if insufficient numbers responded to this solici-
tation. Let's say less than fifteen per cent. of the total certifi-
cateholders responded that they wanted to participate in a dual
program, because this would be a dual program. it would be a pro-
gram which would operate on a multiple pick-up, multiple drop-off
system, or a point to point grouping of people system, and/or a
5-23-74
•
fixed route pilot system. These are the three initial procedures,
and the initial solicitation would or should go to the people, owners
and operators of certificates within the City at the present time.
There are exactly four hundred and thirty-one certificates. Now the
reason why I feel that it is important to proceed in this manner is
because taxicabs, as they are presently structured, are only avail-
able for the wealthy, and the need for a small vehicle type of
transportation system is needed, not only in the City of Miami but
Metropolitan Dade County. We deal strictly with the City and the
City does have less problems in initiating this program. The
County has to receive some legislation from the State in order to
implement any kind of program of this nature, as I understand it,
but I am not speaking for the County, only for the City. Now I
mentioned before that if less than a certain percentage of the
taxicab certificate holders responded favorably and with an inter-
est in participating in this multi -use program, then the City
would have an option to take the route of opening this kind of
bidding to non -certificate holders. The objective is to provide
the people with transportation that they can afford. Now in the
fixed route pilot none of the specifics have been developed. I am
not here to tell you we have worked out all the kinks. I am not
here to tell you we have selected the route. I am only here to tell
you that the resolution that has been prepared reads: A resolution
authorizing and directing the City Manager to solicit taxicab certif-
icate holders to determine their willingness to participate in
alternative usage programs. I am going to read the whereases, be-
cause I think it is important that a complete understanding be had
on what we are doing. Whereas, there currently exists a consider-
able need for expanded transportation services in the City of Miami
which is not being met by current modes of travel; and Whereas, the
expanded utilization of licensed taxicabs should be encouraged to
help fill this void; Now, therefore, be it resolved by the Commis-
sion of the City of Miami, Florida: Section 1. That the City Manager
is hereby directed to solicit all holders of City of Miami taxicab
certificates to determine their willingness to participate in an
alternative taxicab usage program, including their suggestions for
fixed routes and any other proposals which would aid in the imple-
mentation of this program.
Mr. Plummer: May I inquire of the maker of the motion if this
is any more than what I understand, and that is that just a question-
naire be sent out to the taxicab owners to elicit their response?
Mrs. Gordon: Exactly; to see that they do in writing what
they have said verbally.
Reverend Gibson: This is in no way binding us.
Mrs. Gordon: No.
Reverend Gibson: You are just asking me to ask the Manager
to send out a written document soliciting.
Mrs. Gordon: Exactly; to see if they are interested.
Reverend Gibson: One other thing. If they are or are not,
that does not say that I voted to do it.
Mrs. Gordon: You would have to vote for three or four more
things beyond this in order to implement anything, and this would
5-23-74
6u MAY 231974
only be the first step.
Reverend Gibson: This is just an inquiry. I am going to vote
for the inquiry but not beyond that. .
Mr. Plummer: I thought that was the purpose of the committee;
to make this inquiry of the businesses.
Mrs. Gordon: We received verbal commitments saying we are
interested. There is more to it than that, Mr. Plummer, and the
Manager might want to speak to this, because he was present at the
time this discussion came up, and I think it would be proper if he
expressed himself.
Mr. Plummer: For purpose of discussion I will second it.
P. W. Andrews, City Manager: This becomes a very complex area
in that the Commission is trying to assist and become a catalyst in
providing new transportation services to the people of Miami, and
you are depending on private enterprise to organize itself in such a
way that it can profitably provide the service. What Mrs. Gordon is
attempting to achieve in the first step is to secure from the indus-
try their specific interest in this area, and secondly to recommend
the best method of achieving this service based on a concept that
has already been advanced. 'We may get a variety of responses as to
how this service can best be rendered.' Based on that, and after re-
porting to the City Commission, then we would be in a position to
formulate a specific proposal, a specific route, if you will, and
using that as a model over a six-month period, or a year, whatever
the Commission feels is a long enough period of time, and then send
out proposals to the taxicab industry if we get sufficient responses
back, and fifteen per cent. has been indicated as a minimum response,
then the City Commission would be in a position to make an award to
certificate holders for a particular route.
Mrs. Gordon: I'd like to read into the record the recommenda-
tion from the taxicab study, on page 111-10---
Mayor Ferre: Is thisthe Metro Study?
Mrs. Gordon: Yes, it is. Here it is (indicating) It is in
Volume number three on page 111-10. Taxicab pooling. Cab pooling
has been tested for those trips between the Miami CBD and all other
points in the metropolitan area. It is extensive. I refer you
specifically to the page, so if you care to read it in entirety you
can read it at your leisure.
Mayor Ferre: Let the record, when the record is typed up, re-
flect the full statement in that page.
Mrs. Gordon: The page I refer to is pertinent to the fact that
the study recommended taxicab pooling, and this is where we are going,
and the direction that we are moving, and we are basing our confidence
upon the consultants that worked for the County.
NOTE: Here follows statement referred to by the Mayor.
5-23-74
MAY 231974
Taxicab Pooling
Cab pooling has been tested for those trips between the Miami CBD and all other
points in the metropolitan area. This service examined would be operational
only during the peak travel hours and Would accommodate pools of four or more
people (approximately twice the current average taxicab occupancy rate).
The trip fare would be equally divided among all riders in the pool. The rider
would be disadvantaged,however, by increases of 5% in the wait and travel times
as a result of that portion of the trip made in the coilrction of the cab pool
riders.
Results of the test indicate that ridership attributable to cab pooling would
be 3036 person trips (over the base 52,414 trips) per day (Table III-3).
III-10
MAY 2 31974
62
Mr. Andrews: And I want to emphasize that the information
that we will receive in this survey will be screened by th Metro
Transit Authority to Make sure that the system that is designed
eomplernents the bus system.
Mrs. Gordon: Yes; in no way will it take off by itself. It
would be a joint effort, and it would be a complementary effort,
and not one that would be in conflict. And the need, with regard
to taxicabs, for expanding the vehicles is self-evident, as the
report, if you read it, will indicate. Eventually taxicabs will
play a very major role within the entire mass transit system, and
this is a method of beginning, and it will prove beneficial to
our community.
Reverend Gibson: (To Mr. David Reynolds, Executive Director
of the Metropolitan Transit Authority) You heard what has been
read here. How come you didn't come forth and say something?
Mr. Reynolds: In the form that this is presented I cannot
see that it does any harm. It's exploratory. As long as it is
exploratory and I don't know where it is going to take us I can't
object to it. I want to see where it is going to take us first.
Mr. Enrique Pino, 11951 SW 4th Terrace: I am President of
Miami Mini-Aliados, Inc. What I want to point out to the Commission
is that I understand that you have a verbal commitment from the
taxicab industry to make this kind of service, and I want to say at
this point that we have nothing against the taxicabs doing this
service, providing, of course, that we are allowed to do it also.
I abide for a six months period to see how can we solve this ques-
tion, but I want you to remember that you have a written proposal
from my company telling exactly what we want to do, and we are
willing to start working and give the public service. I think that
if we are going to try to give these people that cannot afford
taxicabs a break to be transported from one place to another, the
fare should be something aout, maybe thirty-five cents, and maybe
fifty cents on the long runs. But I want to find out how, on a
vehicle of five passenger capacity can any taxicab driver make a
run, let's say from 77th and the Trail, to downtown. This would
not be economical.
Mrs. Gordon: Mr. Pino, nothing specific yet has been worked
out. Whether or not this will develop into zoning and operate
within a zoned area or what. The pilot is what we are talking
about now. 13 it going to work at all? Is there any interest? And
I am sure you heard the comments that I made, if there isn't any
sufficient response from the industry, then this should be opened
up to those that are not in the industry. But we do owe it to
those who are already licensed within the City to give them the
first opportunity to work for the city to help them move people in
the City. I she that the Major is here (Major Leroy Smith) and I
would be hopeful that the major would make some comment. Major
Smith is here from our Police Department, and in charge of that
division.
Reverend Gibson: Before we ---
Mayor Ferrel Now, I want to say something now, Father. This
is not --the reason why we went to the committee was exactly so that
we could avoid all thustype of thing. Now, this is, what Mrs.
U tJ
5-23-74
MAY23 19
Cordon's coinntittee has come up with -wit is a one�Commissioner
committee --is a specific recommendation. Now there is a motion
and a second, and 1 think that's what she wants. You have exa,
pressed your opinion. NoW we have another member of the public
who wants to express an opinion.
Mr. Jack Eisenberg: I am with Fellow Cabs, and we had a
meeting, and one with Mrs. Gordon. I believe the City Manager
and Mrs. Gordon express our sentiments. We are willing to abide
by whatever the Commission desires, but we do want to have a chance
to use the City permits before any other permits are issued. There
are ample City permits around, and cabs do not work overtime.
'Mrs. Gordon: I received a letter from Mr. Pino, and I appre-
ciated receiving the letter, and I'll just read --this is a copy of
part of it, which he addressed to Mr. Dyer enclosing a letter he
addressed to me, and he said, if the time comes that either the
City of Miami or MTA wants to get bids by taxicab companies inter-
ested in performing this service we would like very much to be con-
sidered a bidder for this service. Well, we are not withholding
you from bidding if you have taxicab permits now in the City of
Miami. I don't know if you do or not, but if you do you are en-
titled to bid, too, because every certificate holder will receive
a solicitation, and I would say to you, Mr. Mayor, that it would
be important that the public records reflect what Major Smith does
have to say,,and I would respectively ask to let him say a few words.
Mayor Ferre: Mrs. Gordon, did you hold hearings on this?
Mrs. Gordon: I had an information gathering session.
Mayor Ferre: Did you invite Major Smith at that time?
Mrs. Gordon: I consulted with Major Smith, ar.d with the
Manager; yes.
Mayor Ferre: It would see to me that's the appropriate place
for the record to reflect the opinions ---
Mrs. Gordon: Unfortunately --and it may sound untimely --but the
tape didn't tape. (Laughter) And for verification of the validity
of this statement I would turn to the Clerk, and would like the
Clerk's comments recorded 3.n the minutes.
H. D. Southern, City Clerk: That's correct, Mrs. Gordon. Oie
portion did not tape, but we have about ninety per cent. of it.
Mayor Ferre: I think the point that Mr. Pino brought out is a
valid point; that he is not the holder of a certificate, so how are
we going to accommodate people that are in that business?
Mr. Plummer: It's very simple. If we establish a class, all
people will bid evenly and openly for it.
Mayor Ferre: I think that's reasonable.
Mr. Plummer: That's the only way I'll vote for it.
Reverend Gibson: I don't remember too well, because my memory
is about as short as my head. I read the document you sent me, sir.
64
5-23-74
MAY 2 31974
It disturbed me, really disturbed me, because what it said is not
what is written in this thing. You in your document implied, and
inferred and stated that you were going to operate another system,
and my understanding was --and that's why I wanted Mr. Reynolds to
come up to that mike --because my understanding is that there is a
parallel situation. If I am not stating it right --well, I went to
school and they didn't teach me how to read. Am I right? Beautiful.
Mrs. Gordon: Mr. Reynolds, you had better come back and speak
to the fact of the parallel service that Father Gibson wants an
answer from you. Have you any objection to a parallel service to
the Metro Transit System.
Mr. Plummer: Let's call°the question. We are going to send
out a questionnaire.
Mrs. Gordon: No, I think it is necessary. You have refused to
permit the record to reflect other things.
Mr. Reynolds: When you asked me to come up before you asked
me if I objected to the resolution.
Mrs. Gordon: And you said no.
Mr. Reynolds: I object to a parallel service, unless it can
be shown and demonstrated that it can fit in as part of the over-
all transportation system for this area.
Mrs. Gordon: Then in that case what you are saying is that the
existing cabs, which are licensed and performing additional ser-
vices could fit in or would fit in without any objection on your
part at this time. And now would the Mayor have any strong objec-
tion to letting Major Smith say one or two words, because it is
important; his department is in charge of this and will have to
control it, police it, regulate it, etcetera.
Mayor Ferre: I don't see that we are going to have any more
committees in the future if the results are a duplication of the
committee's work here. But go ahead, Major.
Major L6roy Smith: I had the pleasure of sitting with the
committee and we discussed with both the taxicab industry and
other members of the committee, and it is my belief that this is a
unique service that can act to serve some purpose to the citizens
of the City of Miami, and I do think that it can work and enhance
all of the services in connection with MTA, and it is worth a
trial, and that's what we are talking about now.
Thereupon the following resolution was introduced by Mrs.
Gordon, who moved its adoption: •
RESOLUTION NO. 74-430
A RESOLUTION AUTHORIZING AND DIRECT-
ING THE CITY MANAGER TO SOLICIT TAXICAB
CERTIFICATE HOLDERS TO DETERMINE THEIR
WILLINGNESS TO PARTICIPATE IN ALTERNA-
TIVE USAGE PROGRAMS
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
5-23-74
MAY 2 31974
Upon being seconded by Mr. Plummer the resolution was passed
and adopted by the following vote a- AYES: Reverend Gibson, Mrs.
Gordon, Mr. . p lummmer , Mr. Reboso and Mayor Terre. NOES: None.
Mr. Plummer: I would like to request at this time of the City
Manager that all the members of this Commission be furnished with
a copy of the taxicab report. I have not seen it.
Mrs. Dolores 'Cory: Mr. Plummer, this was delivered to your
secretary yesterday.
Mr. Pino: I would like to ask a question, Mr. Mayor. What I
would like to find out is --I am sure that the four hundred and
thirty cabs that are licensed in the City are going to answer yes
to your plea for transportation, just for the mere fact that to
try to get rid of somebody who has a proposal before you, and I
want to find out if we are going to be allowed to present a,public
hearing with all of our witnesses in front of this Commission, so
you can rule on our proposal.
Mayor Ferre: If that's the direction we take, then the answer
is definitely yes. If I am not speaking for the rest of the Com-
_Yaission, stop me. _
61, PROPOSED SENIOR CITIZENS PROGRAM AT LEGION PARK
D HES. UR PCHASE PI OF ANO, 1H OF JULY CELEBRATION ETC.
The Commission next took up for consideration a request by
Commissioner Gordon to consider proposed Senior Citizen programs,
including dances, the purchase of a piano for the L,agion Park
Community Building, and a special Fourth of July Febtival, and
Mrs. Gordon made the following statement:
It gives me a great deal of pleasure to be able to request
this Commission to consider this item. The senior citizens are
absolutely delighted in the facility that the City has furnished
as a Senior Adult Center, and I see Lynn Marshal there, and I
think it would be appropriate if I asked her to explain this par-
ticular need, because she works directly from the Parks and
Recreation Department with the senior citizens.
Lynn Marshal: I appreciate your audience. We are trying to
implement a program which is appropriate for the senior residents
out of respect to them. Last evening we had a delightful variety
show. Everyone enjoyed themselves in this building, and I also
want to join hands with you in thanking Mr. Schemer, because his
efforts are manifest, and they are reflected.
What we have been trying to do is have weekly dances for the
senior adults, and we have had some difficulty with the funding
to supply live music once a week. I submitted some figures to
you, which would involve payment for a three-piece trio once a
week. The President of the Musicians Union, Mr. Frank Casiola,
has been very generous ip that he would provide us with three
payment -free dances to initiate this, and we would have to pay
for two out of the following six. In other words, we pay for
four out of six performances. The figures should be --I delivered
them to Dolores Kory. We have a small keyboard piano here. The
people like ,to sing, and we have organized an orchestra. Unfor-
tunately the piano had termites in it, and it isn't a full key-
board, and there are many of our folks who like to sing in :an
opera pitch, and the piano requires that type of tuning. The
Fourth of July; I was also in touch with Mr. Casciola and he of-
fered us a three-piece group to play for a dance. Now, as far
i'23i974
feeding these people, we are a little bit concerned, because the
1rican Legion next door is planning a festival, and they will
be feeding a number of people, so we had thought perhaps it would
be very pleasant for us to have an early evening dance with the
fireworks which are always displayed on our island to the east.
So this is my suggestion, and t thank you very much for giving
me the opportunity of speaking.
Mrs. Gordon: In your book, my fellow Commissioners, under
this item there is a list of just exactly what is needed. It
totals to three thousand dollars. I would like to move this item,
but I would like to ask the Manager to speak to,it first.
P. W. Andrews, City Manager: I would recommend that if the
Commission is in favor of trying to accomplish this that you
adopt a motion saying you wish to try to approve this type of
program --and I note that the total cost of the program for the
balance of the year would be approximately three thousand dollars,
eight hundred dollars of which would be for the purchase of a
piano. I would like for the Commission to give me time to see
what is available in our Parks and Recreation budget, and else-
where, that could possibly be deleted or adjusted in order to ac-
commodate the funds to try to go ahead with this.
Mrs. Gordon: I would then move it approving it and asking
the Manager to try to locate the funds to fund it. Would that be
a proper way to do it, Mr. Andrews?
Mr. Andrews: Yes.
Mr. Plummer: Where does that put us, Mr. Andrews, with the
rest of the parks in the'City of Miami? Are we going to be be-
seiged with requests for termited pianos all over the city?
-mr. Andrews: I don't think so.
Mr. Plummer: In other words, we are not going to get ueseiged
and say, well, in fairness to us, we want the same as the other.
Mr. Andrews: Not and I don't know how much of this three
thousand dollars I am going to be able to find. I'll report back
to the Commission, or make as much available as possible.
Thereupon the following motion was introduced by Mrs. Gordon,
who moved its adoption:
MOTION NO. 74-431
A MOTION APPROVING IN PRINCIPLE A PROPOSED
SENIOR CITIZENS PROGRAM AT LEGION PARK,
INCLUDING DANCES, THE PURCHASE OF A PIANO,
AND A SPECIAL FOURTH OF JULY FESTIVAL, AND
REQUESTING THE CITY MANAGER TO ATTEMPT TO
LOCATE A SOURCE OF FUNDS IN THE AMOUNT OF
$3,000 FOR THIS PURPOSE
5-23-74
67
MAY 2 31974
Upon being seconded by Mr. Plummer the motion was adopted
by the following vote - AYES: Reverend Gibson, Mrs. Gordon,
Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
REQUEST BY METROPOLITAN DADE COUNTY FOR APPROVAL OF IMPROVEMENTS
62, AT THEO NEWM CB ArrtA nE: CAPTUWALDRONCTION ROGRAM & METROND FITHE NANCEEDnRECTQR
NT
OF PROGRAM B -
The Commission next considered a scheduled personal appearance
of Captain Robert Waldron, Seaport Director, regarding the request
of Metropolitan Dade County for approval for the addition of certain
improvements to the New Port of Miami Construction Program and the
development of Program "B" Phase III.
Captain Waldron: I am here to request approval to proceed with
the Revenue Bonds G in the sum of 2.2 million, which is needed to
complete the deepening project in the Port of Miami. I'll just
give you a little summation on the money. Our share of the federal
deepening is 1.4 million. 9ur own deepening will be 3 million
dollars, which leaves us short roughly'1.1 million, so we urgently
need the 2.2 million to proceed with the dredging.
Mrs. Gordon: is this money that would be paid back from the
revenues that are.coming in to the Port?
Captain Waldron: Yes.
Mrs. Gordon: Is this going, to cost the City of Miami any money?
Captain Waldron: No money at all.
Mrs. Gordon: I'll so move.
Mayor Ferre: Before you make the motion, permit me to ask
some question, and then you can make the motion, or do you want
to make the motion now?
Mr. Plummer: For discussion, I'll second the motion.
John Lloyd, City Attorney: This is a resolution consenting to
the addition of certain improvements to the new Port of Miami
Construction Program to provide for the development of Program
B, 'Phase III.
Mayor Ferre: I want to speak against the motion, and I want to
explain the reasons why I want to speak against the motion. The
City of Miami is continually involved in turning over historically
facilities of the City of Miami to Metro, and we either get
shuffled around, ignored or, as you have seen in the case of the
Water and Sewer Board, we have gotten into what I consider prob-
lems that will directly affect the City of Miami. Now we con-
tinually do these things, and I think we have to continually do
them, and eventually I am sure we will approve this and I will
vote for it, but I want to express what my concern is today. You
see, let's take Interama as an example --and I want to publicly
say that I have continually voted for all of the motions to help
Interama survive and become a reality --but we had at one time
fib
5-23-74
seventeen hundred acres that were the Graves Tract, and then --
that was going to be the site of an airport way back —Mayor
Sewell. And then we took that and we turned it over to the
Interama Authority when it was formed, but we kept title to it,
but then there were some debts that went against it, and as
things turned out we had to give up, and we had to give up, and
we had to give up, and now we end up with a very nebulous type
of a second lien, or tertiary position against the land, and
eight and a half million dollars owed to the City, and God knows
when we are going to get all that back. Now, with this, in this
case, the City of Miami turned over the Port to Metro. Metro was
supposed to get some of the appraisals on the value of the land
so that this debt would somehow be retired, or some place. In
the first place, to the best of my knowledge --and I have --the
manager and I discussed this --this appraisal has never been made.
In the second place, as a result of that we don't know how much
is really owed the City of Miami, if anything. And in the third
place there has never been any effort on the part of anybody to
tell us when the City of Miami is going to be paid. Now, in the
fourth place, an additional debt is continuously placed on the
port, as is the case here before us today, and as this debt is
placed our position becomes even more and more nebulous. I under-
stand --and I certainly don't want to be accused cf standing in
the way of progress for the port. The port is one of the greatest
things we have in our community. I am all for it, and I don't
want this to be misunderstood. I just want a clarification of
how much is owed to us and when we are going to be paid, and how
we are going to be paid, because, you know, the tendency some-
times in some sectors of this community to say, well, that's
fine but the City of Miami really doesn't belong in existence
and the citizens have paid for the water and sewer system of
this community, but they are not entitled to be repaid. That's
all right. I would accept that, except that sometimes they turn
around and say in future debt --the Sewer Board is a specific
case in point --the future debt to improve the water and sewage
facilities of this community will be paid for by everybody, in-
cluding the citizens of Miami. You see what the problem is?
Why should the citizens of Miami, who have already been paying
for years, and who have turned over to Metro a going concern worth
five hundred million dollars, which is the now Metro Water and
Sewer Board, be requested to again come up with money and be
taxed for something without recognizing what we have already done
over the years; so I hope you understand, Captain Waldron, that
this has nothing to do with either the port or with you, person-
ally, in any way. I just think that the record needs to be
clarified, and if it can be done today, that's fine. I am ready
to vote for it.
Mrs. Gordon: What do you want clarified?
Mayor Ferret That's what I have spoken to for fifteen minutes,
Mrs. Gordon.
Mrs. Gordon: I know; that's what I don't understand; why you
are bringing Interama and a few other unrelated things into this.
Mayor Ferrel All right, you read it in the record and then you
will know.
5-23-74
MAY 2 31974
•
Mrs. Gordon: Mr. Mayor, I am sorry, but I don't knw why
you always mix apples and oranges.
Mr. Melvin Monroe, Finance Director for Dada County: I
might say first that these projects were approved by you by
Resolution 73-113. However, the dollars do not match. The
escalating cost of dredging from the time that we started
about three years ago to now have gone, so this is the reason
we need the additional money. Number one; I think that it
would be inappropriate --I have the information --I think it would
be inappropriate to talk about lnterama and Water and Sewers. I
can talk about the Seaport, and that's basically this: The
agreement that was made in 1960 between the City and the County
called for the County to put up, and we put up, about thirteen
million, nine hundred thousand dollars at the rate of two million
dollars a year, for the improvement of the Seaport. That's
number one. The other improvements, the total improvements to
the Seaport are somewhere around thirty-eight or thirty-nine
million dollars, have been as a result of the operation on revenue
bond issues. Now, as to the amount that is owed the City: The
agreement called for the County to have an appraiser; we got an
appraiser; the City appointed an appraiser; the two didn't agree,
and a third appraiser, if my memory serves me correctly, the
appraised value was nine hundred thousand dollars; and that's
on our records as the amount due the City. Now the bond issue,
of course, anticipates the payment of the moneys after the bonds
are paid off. The commu:iity has benefited, I think, and I think
that we all recognize that the seaport has moved ahead in an ex-
peditious fashion and has proven a service and has helped both
the City and the County. I am really proud of the record that
the people have made.
Captain Waldron: It is not a one-way street, Mr. Mayor, as
Vince Grimm (City of Miami Director of Public Works) will tell
you. As the sponsor of the dredging project we approved pumping
in fill into the old port. Now if you had filled that by truck
it would have cost at least two million. And in the dredging
there was diking --Virginia Key and Dodge island --two hundred and
twenty-seven thousand dollars out of seaport funds. So the city
is getting something back.
Mayor Ferre: I want to repeat once again. I think that the
job that Admiral Stevens and you and your staff have done has
been admirable. This is the number one passenger port in the
country now. In fact, I made a speech at lunch today bragging
about you, so I am certainly not against the port. I am a hundred
per cent. for it.
Captain Waldron: It's the biggest passenger port in the world.
Mayor Ferre: Yes. I hope you understand my position. It is
not a matter between Miami and the port. It is a matter between
Miami and Metro, and I just want to reiterate once again that
this is another example of the City of Miami turning over a
valuable facility to Metropolitan Dade County and not receiving
any payment for it, and the citizens of Miami, which compose a
third of this community of Metro, are paying taxes, don't you see,
to pay off bonds.
5-23-74
7(1
MAY 2 31974
Mr. Monroe: No, these are all revenue bonds.
Mayor Ferre: There is no debt?
Mr. Monroe: No, not on these.
Captain Waldron: The Seaport pays for all the bonds. 1
would like to add another thing, Mr. Mayor. We have made
studies on the economic impact of the port on the community
at a hundred and fifty million dollars a year. Now this helps
the City of Miami.
Mr. Plummer: Let me understand it in real simple terms.
What is forthcoming in the way of dollars owed to the City of
Miami?
Captain Waldron: I think Mr. Monroe said nine hundred
thousand dollars. I was under the impression that it was 1.2.
Mr. Monroe: Well, that's for the land, and then there was
additional --I think the total is about a million, two.
Mr. Plummer: When do we expect your check?
Mr. Monroe: Immediately after the bonds are paid off.
Mayor Ferre: Which is when?
Mr. Monroe: Right now it is about nineteen hundred and
something. The latter part of this century.
Mr. Andrews: The point is that the city --and I am not dis-
agreeing with anything that has been said --except as two public
agencies trying to cooperate to achieve a matter here, I think
it is important that if we enter into agreements to begin to
live up and stipulate the conditions of those agreements. We
have an agreement that will provide, and I will stipulate it is
1.2 million dollars that we are to receive at some point. I
think the Commission should be furnished with what,was originally
financed; what the extensions were; when we can anticipate receiv-
ing this money, so that it is compatible with the original agree-
ment. We have agreements outstanding with the County that are
four or five years old that have not been completed to date; and
maybe longer than that. I don't remember that the one on the
bridges when we transferred all the bridges to Metropolitan Dade
County that that agreement was ever actually executed and all the
actions taken that were necessary to transfer it; and I am going
to start reviewing all of these and making sure that the agree-
ments entered into and the stipulations that were made are either
lived up to or adjusted or changed, so that they just don't drag
on and on.
Mayor Ferre: Mr. Andrews, is there any specific recommenda-
tion that you would have?
Mr. Andrews: Yes, my recommendation would be that you adopt
a motion requesting that the County furnish the City of Miami an
up -dated report as to the total financing; what the outstaing ob-
ligations are; what the potential revenues will be to overcome
those obligations, and at this point i..n time when this assumed
debt of one million, two hundred thousand dollars would be turned
74.
5-23-74
MAY 2 1974
over to the City, and then, if this condition occurs again, as
it is before you, you will then have before you a document that
you can refer tb; you will be making judgments based on facts
before you that tell the whole story.
Mayor Ferree I still don't understand. You mean to tell
me that you don't have these facts in your files?
Mr. Andrews: Not the complete up -dated information I think
that is being presented today.
Mayor Ferre: Is it your recommendation, Mr. Andrews, that
we approve this 1.2 million, and then that we pass this other
resolution?
Mr. Andrews: Yes.
Mayor Ferre: Well, then, I'll go along with that.
Mrs. Gordon: For the record, so that they reflect that the
port is presently carrying passengers which was estimated for the
year 1985, for cargo for the year 1987, and for gross revenue the
projection that was made for the year 1981, and for net revenue
for the year of 1981. We are now passing on revenue bonds, and so
we feel very secure in our action; at least I do.
Reverend Gibson: I wasn't here, but I think somewhere we
have got to start dealing with some integrity of our performance.
Don't misunderstand me; I am for the port, but I feel very
nervous the way the County deals with us on some of these matters.
If I borrow your money and I invest your money, and I am getting
some profit and benefit, that's just part of the game; and to say
X number of people are coming into the port, they took it with
that hope, and if it had failed they would have given it back to
us and said, you know, man, we thought it was going to be beauti-
ful. I have a vested interest in the port that most of you don't
have, and that is I am a native, and so I just feel that somewhere
there ought to be an up -dating of our ledgers. I agree with the
Mayor on this, and I think 7,hat if there was an up -dating, an
awful lot of people would have a different attitude when they come
to us. While this Commission doesn't say it --I speak for nobody
but Theodore --they deal with us at arms length, man, and I think
that when you get me to do all these things; five aundred million
dollars worth of water and sewers outfit, at least you should re-
view it and every once in a while come to my face and say, look,
you are an SOB, or you are a pretty good fellow. You know what
I mean? And I think I ought to tell you this, because nobody is
saying everybody is saying --everybody is jockeying and being po-
lite --and I think somebody ought to go back and say to those
fellows up there, look, man, those fellows aren't quite as foolish
as they look, nor think, and they aren't as scared as you think
they are.
Mayor Ferre: Before we vote ---and just so Mrs. vordon is very
clear, since she doesn't seem to understand the things that I say,
and she gets confused between apples and oranges, this is one
more fruit of a bowl of situations that affect the relationship
between the City of Miami and Metropolitan Dade County. I am com-
pletely in favor of Metro and the Metro form of government. I am
a great believer in the present administration, and that commis-
sion that is led by Mayor Jack Orr, and I certainly have shown
5-23-74
72 MAY 2 31974
that on mote than one occation, but Mr. Monroe, 1 just want to
point outs. -and this is not in any form of criticism, but in
defense of the citizens of Miami -'that there are several matters
of economic importance to the people of Miami. One of them is
Interama; the other one is the Water and Sewer Board; I think
this is the third one that has come up, in which there are unclear
situations between us that I think you have got to in all good
faith continually talk about. We need information, which evident-
ly. we do not have according to the Manager, and I would be most
grateful if you would submit this information.
Mr. Monroe: We will be happy to, your Honor, to submit --we
make monthly reports on the seaport showing the total outstanding
debt and what have you, and we would be happy to send Mr. Andrews
a copy of that each month, plus the annual audit.
Mayor Ferre: Would that clarify it, Mr. Andrews?
Mr. Monroe: It has all the information there.
Mr. Andrews: Yes, if the Commission is satisfied that it is
perfectly all right to continue --and I am going to abide by what-
ever the Commission's policy is --to continue waiving the City's
position and continuing to extend these projects to the point that
this debt is put off further and further in the future.
Mr. Monroe: The Interama, you know, is a separate authority;
and I think Dade County is indebted just about like you all are.
We are in the same boat, because we are behind twelve million in
bonds for the development, which we have guaranteed; I mean the
Commission. So I think we are both in the same boat in Interama.
Mayor Ferre: Mr. Monroe, let me ask you this: This action
now; this two million dollars, will it extend the time period of
the debt. How long is this bond issue for? This is a revenue
bond. How long is it?
Mr. Monroe: It is a revenue bond issue, and maturity --these
bonds will mature in 1989. NW basically I may say this; that
because of the good record of the port we have an advanced amor-
tization which, if continued like it is now, will advance that
period. You must remember that the only way --and I am not here
only to speak to this --but the only way that we get improvements
now on the seaport is through revenue bonds. In other words the
user fee. And I think that t that poi;it it is necessary.
Mayor Ferret Are there any other bonds --I mean the other bonds
that are in existence, do they end, more or less, in 1989 or before?
Mr. Monroe: They end before that, sir.
Mayor Ferre: You see, that now becomes the point. That's the
key question. When do the other bonds end?
Mr. Monroe: These are ending shorter than the others, be-
cause we have had advanced maturities, because I have some bonds
outstanding now that end in the year 2003.
Mayor Ferre: Members of the Commission, the point in all this
being --and the Manager and I have spoken about this --is that we did
5-23-74
MAY :' 147A
not want to see the extension of the debt period in which Miami
would be paid, but this does not do that, as I understand it.
Mr. Andrews: So I understand.
Thereupon the following resolution was introduced by Mrs.
Gordon, who moved its adoption:
RESOLUTION NO. 74-432
A RESOLUTION CONSENTING TO THE ADDITION
OF CERTAIN IMPROVEMENTS TO THE NEW PORT
OF MIAMI CONSTRUCTION PROGRAM AND PRO-
VIDING FOR THE DEVELOPMENT OF PROGRAM
"B", PHASE III •
(Here follows body of resolution, omitted hers and on
file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
The following motion was introduced by Reverend Gibson, who
moved its adoption:
MOTION NO. 74-433
A MOTION REQUESTING METROPOLITAN DADE
COUNTY TO FURNISH THE CITY OFMIAMI WITH
AN UP-TO-DATE FINANCIAL REPORT CONCERN-
ING THE AMOUNT ORIGINALLY FINANCED; WHAT
THE EXTENSIONS WERE; AND WHEN THE CITY
OF MIAMI CAN ANTICIPATE RECEIVING PAYMENT
ON ITS INDEBTEDNESS PURSUANT TO AGREEMENT
CONCERNING THE TRANSFER OF THE PORT OF
MIAMI TO METROPOLITAN DADE COUNTY
Upon being seconded by Mr. Plummer the motion was adopted
by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr.
Plummer, Mr. Reboso and Mayor Ferre. NOES: Nbne.
63. APPOINTMENTS TO MISCELLANEOUS BOARDS AND COMMITTEES
Mr. Plummer: All of my appointments are filled.
Mr. Reboso: I have a few to make but they are at City Hall.
So, whatever I have here I will give it to the City Clerk.
Reverend Gibson: I have my list of appointments down at City
Hall.
Mayor Ferre: Well, then, if you will submit them to the Clerk.
5-23-74
74 MAY 2 31974
•
Mrs. Gordon: I made these last time, but they were not
recorded as having been made, so I will reiterate them.
I appointed Prank Lynn and Glen Wiggins to the Coconut Grove
Bicentennial Committee. I already had completed the other ones.
With respect to proposed appointments to the four downtown
committee to participate in formulating objectives for the urban
development and zoning plan for the downtown area, the following
discussion occurred:
Mr. Plummer: I will defer on this. I don't have my appoint-
ments ready at this time.
Mr. Reboso: Same thing. I have it at City Hall.
Reverend Gibson: I have mine at City Hall.
Mrs. Gcrdon: I believe I have completed all mine.
64, CODE REVISION FOR SIDEWALK SAFETY MEASURES DURING BUILDING
CONSTRUCTION PROJECTS -__DISCUSSION ONLY
Mr. Plummer: That was my request of the City Attorney's office;
to put some strength into an ordinance that during the construction
of buildings that dangerous conditions around the buildings be
eliminated.
John Lloyd, City Attorney: Mrs. Carter of the Law Depart-
ment checked into this, as I did myself personally, and there
was subsequently a meeting with Mr. Ferencik of the Building
Department, and we have determined that the ordinances were satis-
factory as written,and nothing new need be added, and I think
Mr. Ferencik has an additional report on that matter. This is
in particular with a specific project that we went into.
Mr. Plummer: When you leave here it is only about three or
four blocks away, and I think anybody can ride by there and see
that it is damn dangerous to walk down the sidewalk because these
heavy trucks have rolled over it, and until I went up there and
complained it was filthy, dirty; they had the jiffy jon out on
the street, and everything else, or on the sidewalk, and the only
thing I was asking of the Building Department and the Legal De-
partment was that in the future we have an ordinance on our books
that would give Mr. Ferencik the right to go there and tell the
people, all right, you have torn this sidewalk up; it is in a
dangerous condition. I want you to replace it now; not when the
construction is over. Either that or take out a permit and get
it closed off. I think it •is very dangerous; and in particular
on Biscayne Boulevard where it came to my attention, a main
thoroughfare, that the sidewalk is in such dangerous condition
that people take a chance walking down it of endangering them-
selves. That's what I had asked for; not in particular to one
building.
5-23-74
7 j MAY 2 31974
Mr. Lloyd: We understand that, but we had felt after our
meeting that this was probably an enforcement matter, and I have
asked Mr. Ferencik to come and explain his position on that. t
think we don't need any further ordinances, but then after this
if you feel we do we will continue the studies.
Mr. Plummer: Let's ask the man who enforces the rules. Mr.
Ferencik, do you have sufficient ordinances now?
Mr. Robert Ferencik, Director of the Building Department:
Mr. Plummer, I believe the ordinances are adequate. The
fault, and the reason this is occurring on jobs nowadays is not
of any great interest to you; you are interested in the results,
and so are we. It didn't used to be such a serious problem on
a job, but the change in character of the buildings and the way
building construction sites' are managed has created this, and this
particular job is a perfect example of that. There is a lack of
control; not on our part, but on the part of the general contractor
that has:the project. We have re -aligned our enforcement proced-
ures, and I believe that we can operate with the ordinances that
we already have.
Mr. Plummer: Mr. Ferencik, I hope you understand that I am
not trying to pick on one builder. All I am trying to say is that
I think that the sidewalks of this city should be safe. Just be-
cause a man wants to take the prerogative of building a building
he shouldn't inconvenience everyone else.
Mr. Ferencik: There is absolutely no question about that.
65, USE OF ORANGE BOWL STADIUM ON AUGUST 17. 1974 FOR SPECIAL EVENT
DISCUSSION ITEM
The Commission next took up for consideration scheduled
personal appearances of Mr. Karl J. Leib, Jr., Attorney for Dick
Pincher and Associates, and Mr. Leas Campbell to discuss the use
of the Orange Bowl Stadium on August 17, 1974, for a special
event.
Mr. Plummer: There are two parties in contention. Is the
other party represented here?
Mr. Andrews: They were supposed to be here.
Mr. Plummer: Then let the record reflect that they are not
here and obviously do not show the concern.
Mrs. Gordon: Were they notified?
Mr. Andrews: The arrangements were made, as I understand
it, through --Mr. Pincher, did you contact them?
Mr. Dick Pincher: They had originally scheduled and informed
Mr. Lieb and myself, Mr. Leas Campbell and his attorney, Mr. Ryland,
that we were going to appear before the Commission at ten thirty
this morning. There was a misunderstanding, because Mr. Leib was
in trial in Naples court yesterday afternoon. I called the City
Manager's office about this and got hold of Mrs. Spencer. In turn
5-23-74
76 MAY 2 31974
1 called Mr. Campbell's office, who in turn gave me Mr. Ryland's
'phone number. That's Mr. Campbell's attorney. I talked to Mr.
Ryland personally and told him about our desire to have it moved
from ten thirty to three in the afternoon. He concurred. In
fact, he said it was more convenient for him. I in turn called
Mrs. Spencer back, who I am sure informed Mr. Andrews. Mrs.
Gordon, that's where we stand.
Mayor Ferret So in other words tr. Campbell's attorneys
were properly informed ---
Mr. Plummer: Well, Mr. Mayor ---
Mr. Andrews: I am not sure of that, Mr. Mayor. We had
better be very cautious in that area in that they were informed
by the City of a specific time; then by mutual arrangement Iletween
the two parties they have chosen to try to arrange to be here this
afternoon. My recommendation is that; one, I make some intro-
ductory remarks to this matter; that you then hear from these
gentlemen, and then, if you feel after you have heard from them
that you should hear from the other parties --because I have a
very specific recommendation --you can then decide what you want
to do.
W. Pincher: r d just like one comment, though. That was
something Mr. Andrews said. I, personally--fm not talking for
anybody else; I am talking for myself. I, personally spoke to
Mr. Ryland,.Mr. Leas Campbell's attorney, and he told me affirm-
atively that he would be here at three o'clock, so I'd like to
have the record reflect that I am not trying to imagine this
meeting.
Mr. Andrews: I'd like for Mr. Pincher to understand my
position. I feel that I have a responsibility to the Commission
insofar as informing people as to their appearance on the agenda.
I did so originally when they were to appear in the morning, but
they mutually agreed --and I was not party to that --so I am only
expressing it from that point of view.
I'd like to introduce this subject, if I may. Some month
ago, or more, a request was made by Leas Campbell to use the
Orange Bowl Stadium for August the 17th. This inquiry was made
by telephone, which occurs from time to time. The City does
arrange to hold facilities based on telephone calls. The tele-
phone call was made to use the stadium on August the 17th for a
rock concert. They were informed at that initial call that the
date was not available; that it was being held for the American
Legion Drum and Bugle Corps event. So Leas Campbell then request-
ed the day before that event, which would have been August the
16th, and this hold was then granted. They indicated that they
would prefer to have had the 17th. About a week later, and again
I may not have the sequence exactly correct, we received a tele-
phone call from Mr. Pincher, or his representative, Mr. Argomanis,
by telephone requesting the date of August the 17th, and they
were also informed that that date had already been reserved for
the American Legion event. Some time later the City Commission
was presented with the facts relating to the use of the Orange
Bawl on the 17th, and that event was switched from the Orange
Bowl to the Baseball Stadium, thereby making that date of the 17th
5-23-74
7'l
MAY 2 3 1974
available. Between telephone calls and the submission of ap-
plications, the City ended up with two applications for the
use of the Orange Bowl for the date of August the 17th. When 1
got into this matter and reviewed it and had the facts before me
I placed greater value on the initial inquiry made by Leas
Campbell, and the fact that they were turned down for the 17th
because there was a prior use and switched their date to the 16th
date, that their application should be entitled to first consider-
ation? because I placed value on the fact that the City had the
first communication with them and switched the date. I want to
emphasize that at this point we are merely talking about the
consideration of an application for a specific date, August the
17th. There is no contract; no commitment; that application has
not been completed, or completely reviewed and no commitments
have been made in so far as they would be privileged to enter into
a contract.
Mr. Plummer: Like it or not we operate on rules and
regulations. Has either party submitted their twenty-five
thousand dollars?
Mr. Pincher: We submitted a ten
bond.
Mr. Plummer: That has nothing to
of twenty-five thousand dollars.
thousand dollar performance
do with it. The deposit
Mr. Andrews: We are not at that stage. This is merely the
submission of an application. This has nothing to do as yet with
the contract.
Mr. Plummer: Paul, you have a short memory. Let me refresh
your memory. That was that J. L. told you some time ago you didn't
even give them an application until you got the twenty-five thou-
sand, and then we talk about the serious money. Where do we stand
in the way of an actual written request, or an actual written ap-
plication? Do we have either from either party, and if so which
one was received from your office first? Because, really, isn't
that what it boils down to, M. Andrews?
Mr. Andrews: It boils down to applications, but it is
boiling down to the submission of applications based on a hold
date for the facility. Both parties called. Both were informed
that the facility was not available. Leas Campbell went ahead
and made arrangements to use the facility on the 16th, or reserved
the 16th date because the 17th wasn't available.
Mr. Plummer: So then the 17th became available, and both
parties wanted the 17th. Did you notify them both, then, at the
same time, that the 17th was available?
Mr. Andrews: No, they found out through their own initiative
that it was available because ,of the fact that the City Commission
cancelled the use of the Orange Bowl for the 17th and switched
that event to the Miami Stadium.
5-23-?4
MAY 2 31974
Mr. Plummer: So at this time do you have from either party
anything in writing?
Mr. Andrews: Yes, we have applications from both now.
Mr. Plummer: And which application was received by you
first?
Mr. Andrews: In a timely fashion I think the Dick Fincher
application was submitted in the morning and the Campbell appli-
cation was submitted in the afternoon.
Mr. Lieb: Respectfully, I don't disagree with too many
of the facts Mr. Andrews wanted to lay as a predicate, but I do
with some, and I'll get to those in due time. What I am talking
about here and asking you to consider is an application that means
money; money to the City of Miami. Last year, December 13, 1973,
this Commission passed a resolution authorizing the use of the
Orange Bowl, because that's a facility there that belongs to the
public, and it is intended for all use, not one person. And you
did pass them there, and you required, number four, a minimum
performance bond in the amount of ten thousand dollars will be
required for each privately sponsored event; and number six says
each non -athletic event will be charged at the rate of twenty-
five thousand dollars per event, or fifteen per cent. of the
gross receipts, whichever is greater. Sequer -wise I want to
say this to you. When Mr. Pincher's representative went down to
the Orange Bowl and talked to them, and said that the City of
Miami lost out some money over some bad experience at Easter;
that they have been going on this proposition of letting some-
body call up and say, pencil me in. And then two other appli-
cants come along and want to use the facility, and they are told,
well, it's already penciled in. They are turned down. And the
fellow that asked to be penciled in, he didn't show. That's not
good business for the City of Miami, as far as I am concerned.
And when our representative went down there he was told that, we
don't go on that policy of penciling in any more, because we have
got kicked in the teeth enough. So they said, you put in an ap-
plication. The only difference I will call with the City Manager
is, from our notes in his office, and from his facts and records,
is that on four, nineteen earlier that day there was received a
phone call from Mr. Campbell requesting about the 17th. That same
day Mr. Fincher's representative called at three -thirty that
afternoon, and was told that the 17th date was not available either.
So we start off with both of them calling the same day and being
told it was not available. Now the City Commission, in its wisdom,
I think, said it is not available because of the American Legion
Drum and Bugle Corps activity, and they put them over in the
baseball field. Here's some 'requests. We can make some money
and produce some revenue. I don't knock the Drum and Bugle Corps.
i am a native, too, and I can remember standing right here in
this hall with the Drum and Bugle Corps blowing that bugle. Now,
when it became available Mr. Argomanis, following up, called and
said what do I do, it's available. They said, well you get in
your application. Here are the notes I took down from our last
meeting. You said that the Fincher group submitted their written
application on April the 30th, and that on May the 2nd, not the
same day, the Campbell group submitted a written application. My
5-23-74
•
point and position is this. On April .the 30th a written ap-
plication was submitted with a check in the sum of ten thousand
dollars, as had been requested-- It could have been twenty-five
thousand --and filed on April the 30th. I have learned some
interesting facts about these penciled in things. I asked them,
how many other, quote, penciled in holds does Mr. Campbell have
on the Orange.Bowi, and I am advised nine. I am then told that
they have got"a policy that they won't have a conflicting or
similar type act ten days before or ten days after. That's
twenty days, and nine times twenty is a hundred and eighty. That's
six months to use a public facility. And what are we talking
about here; somebody putting in the first application. And I
don't think it's right and I don't think it's fair, and I believe
its an administrative decision, and I think that we are trying to
rationalizing a mistake by this man who has been placed in the
middle, so to speak, and I have asked to come here and ask you
to say to him, Mr. Manager, isn't it true that Fincher came in
with that written application first? Yes, sir. Isn't it true
that he tried to put up his money? Yes, sir. And he was told
to hold on to it; we don't want it right now, but we put it up
first. Isn't it true that we told them that we had the acts,
who we were going to put on there; that we had the application
and we had a confirmation from a responsible group, the
, and the Almond Brothers. And I said, go check them
out. Look at the money they are going to bring into that Orange
Bowl. Now I am also told, if I read in the paper a source, and
I say, well what was the act that they were going to put on on
the 17th? Well, maybe, they think, they are going to have ----,
Mr. Fincher: This is a group that appeared here, I believe,
in February of this year; nine thousand people.
Mr. Plummer: Let me cut you short. As far as I am concerned
it's very simple; who is there first with the mostest. Now you
were there. I would like to hear from Mr. Andrews and we can cut
this thing up and let's bring it to a conclusion.
Mr. Lieb: We are prepared to put up our money.
Mr. Andrews: I am the first to admit there is an area of
confusion here. When the City Commission adopted its resolution
making the Orange Bowl available, recognizing that a concert of
the type that they are proposing has not really ever been held
in the Orange Bowl where, hopefully eighty thousand people will
be in attendance. The City adopted procedures to make the use
of the Orange Bowl as flexible as possible, so that promoters
could operate in the most flexible fashion. I indicated at our
several meetings, and you were present, Mr. Attorney ---
Mr. Lieb: One meeting, not several.
Mr. Andrews: But there were several meetings addressing
this specific subject, and I was very careful in indicating that
I would not want to make recommendations to the Commission for
procedures that the City would adopt that would place the pro-
moters in such a position that it would be extremely awkward to
attract acts and be so cumbersome to handle that it would dis-
courage the use of the Orange Bowl. On the other hand we find
that the City's existing procedures are so flexible and create
8u
5-23-74
MAY 2 31974
so tnuoh confusion, but give flexibility to the promoters, that
somewhere in between there lies proper administrative Control
of the Orange Bowl without unduly restricting the potential
users. I went through that carefully, because I admitted that
there was confusion now, but we are going to change that, and I
don't know that the Leas Campbells have, in fact, nine whole
dates when we adopted the new procedures, because I,tno, look
upon that as an unfair advantage, to pencil in dates, because
someone could come along and pencil in the whole year for that
matter, so it wouldn't be available to anyone but one user.
What I placed value on was the fact that an initial telephone
call had been made for the use of the 17th date, and the first
call that was made they were denied that date because the facil-
ity was not available. Had it been available on that date we
would not have the problem that we have today.
Mr. Lieb: Did they ever submit a written application for
the 16th?
Mr. Andrews: I don't know if they did or not; no they did
not.
Mr. Lieb: So we were both told no on the same date, that
it was not available on the 17th, so he said, well pencil in
the 16th, and we submitted the first application for the 17th.
Reverend Gibson: :ounsel, then aren't we talking about a
proposition of what is morally right --one of the things that
really troubles me in public office is what may be legally right
may be morally improper. If I call and I am told that no, it is
not available --you see, I know what may be legally right, but
there is a sense of morality for me. If I call you on the tele-
phone, and this is the policy --and I say, hold it, I'll tell
you how I run my business. If I tell a man I am going to bring
him his money on the 17th, I'm going to take it to him, and if
I can't I tell him why. Now I would hate for us to be talking
in terms of only dollars and cents. This City ought to have some
sense of morality in its dealings, and when that fails all the
other feelings just make me want to regurgitate, and I get
really up -tight and I get nervous. And counsel I am a little
c,isturbed.
Mr. Lieb: What I think is important --and I agree with you
a hundred per cent. on morality, integrity, and if you and, say,
Mayor Ferre came to me and asked me to buy a piece of property,
and I told both of you it's not for sale on the same day, and
you come back later and I changed my mind. Now, do I owe it to
tell him. I am not trying to deceive you. I am not trying to be
anything other than honest with you. We were both told on the
same day. Now, in your application, Father Gibson, it says that
I am aware that in accordance with Ordinance No. 8000, any con-
tract for use of the facility for which this application is being
made shall not be effective until this form is completed to the
satisfaction of the City Manager or his designee, and the City
Manager or his designee has approved in writing the use of said
facility following the submission of this form and the recommend-
tions to the City Manager by the facility manager. Now we all
know that this says by the City's statement they are going to
stand behind it that this is the application that must be accepted
5-23-74
83.
MAY 2V1974
by the City Manager in proper form and filled out and accepted
by him and forwarded to the City Manager. We know that there
is no other thing in effect. And this was done.
Reverend Gibson: I have a son who is a lawyer, an3 I
kind of understand how they reason. My son wrote my brother a
letter the other day about a business transaction that really
cut me to pieces, and 1 said, son, I know that's the way you
lawyers reason, but there is such a thing as milk of human kind-
ness. That is my brother. Now what I am trying to say is if Mr.
Andrews receives a telephone call from a person and has said to
the person it is not available, I think Mr. Andrews has a compel-
ing moral obligation to go back to that person and say, I was in
error; I was wrong; the policy has been changed.' I am talking
about the party of the first part, the first person that insti-
tuted, and say, look, this is the situation. And if he didn't
do that I would be mad as all hell because morally he wasn't
keeping faith.
Mr. Lieb:
I can't answer for his actions.
Reverend Gibson: That's why he is telling me what he is
telling me; and I hope I'heard him. By the way, the paper said
the other day I sit up at City Hall, you know, and I sleep --and
the man is right. He described me --I don't know how the others
feel about their position --they described me right; I sit up
there as if I am sleeping, and then I preach A sermon. When I
prayed this morning --I want the Commission to not play me cheap --
I am getting to the point where I think what I say in my prayers
is important, and I wrote it down. I said to the Lord to open
my eyes that I might see; open my mind that I might understand
and open my mouth that I might speak. They just think I am going
through this thing perfunctory, you know, but it isn't any acci-
dent. I felt that this was a day that maybe we needed just that
kind of imploring of the Lord. I am saying, sir, that I find it
difficult, having prayed that prayer, that I won't carry it out.
The man said precisely, I received two calls. The first call I
said no; the second call I said no. After both calls I find out
it could be yes. I would hate to be dealing with him, and if he
didn't call me back, if I were the first caller, and tell me. I
have nothing to do with how they are going to vote, and how they
are going to answer to their God, but I can tell you this; I sure
remember what Elizabeth Virrick said some years ago: I sure would
rather sleep with myself tonight, because I am going to pull that
cover down, and the only person under that cover but me, Theodore
and God.
Mr. Lieb: For your consideration I would ask you to add
to your thoughts that the Dick Pincher group, upon submitting an
application, was duly advised to go, obtain and purchase a li-
cense from the City of Miami --and this was the advice of the City
officials --for using the Orange Bowl on August the 17th. That
license was duly obtained, and is presently held to be used for
those premises for the 17th.
Reverend Gibson: You have helped me.
tell the other people to pay the thing? And,
why didn't they go do it, or is it that they
tion to perform?
Mr. Andrews, did you
if you told them,
were not in a posi-
5-23-74
MAY 2 31974
Mr. Andrews: You have to appreciate that I was not the
recipient of the phone calls; I did not give these kind of
directions. They were given by staff below me at the parks
level, etcetera. When 1 got into this and found all of these
complications and the differences between telephone calls, and
submission of the applications and the varying directions I
recognized the kind of problem that we had. Now we were con-
fronted with two applications and two separate groups wanting
the bowl on the same day. I have ferreted through all this in-
formation and I was forced to make a decision. I went back and
in review of this recognized that the first person that contacted
the City, I felt we had a moral obligation to respond to that one
and make a decision. It's not necessarily the decision that I
like best. I have dealt with Mr. Fincher and Mr. Agromanis, and
I think very highly of them. I hope they use the Orange Bowl
often. We have had many meetings with them and worked out matters
successfully. The City is partially at fault with this-- I admit
this --in that our approach to securing the Orange Bowl for a
given date, the procedures, have been loose. We plan to change
that. There is flexibility in this area, and we plan to change
that so there is positive control now.
Reverend Gibson: Have we raised the question with the
other party as to whether or not they can perform?
Mr. Andrews: Ws; as soon as we get through processing
their application we will be at that position.. We are only in
the stage of determining whose application should be processed
first. I might even say that when we finish processing the ap-
plication we will find out that they cannot, in fact, use the
Orange Bowl, but I have not gone into that as yet because we are
solely at a point of determining whose application should be
considered.
Mr. Plummer: Let me tell you something, Mr. Andrews --and
I'll tell Father Gibson, my good friend, who may not be after I
finish this statement; but you know, Father, your boss is the
Lord. He don't give written contracts, but I am telling you that
when you deal with businessmen and lawyers they go on written word;
give me something in writing. I am just telling you from the
business world, that's the way we operate. I can understand all
that, Father, but when we come down to the business of nitty-gritty,
give me something in writing, something in black and white.
Reverend Gibson: But, J.L., you know something,sometimes it
is better to deal with a man whose word is his honor than to get
a lot of written stuff.
Mr. Andrews: There is nothing in writing at this stage; this
is merely an application submitted to the City. I have not signed
anything that gives anyone a privilege of any kind. The only
question before us is who is the applicant for the 17th. That's
all that is before us.
Mr. Plumper: I asked you had anyone ever put it in writing,
and you said yes. Who first put it in writing?
Mr. Andrews: Yes, but that's only an application, a request.
Mr. Plummer: That's the initial step to be taken, right?
5-23-74
MAY 2 31974
•
Mayor Ferret Now, ladies and gentlemen, I think we have
discussed this for a sufficient time. I think all the issues
have been expressed, and the Manager's recommendation --you want
to repeat your recommendation?
Mr. Andrews: My recommendation is that, based on the first
inquiry made by Leas Campbell I arrived at the conclusion that
they should be entitled to first review of their application.
Reverend Gibson: I move, Mr. Mayor, to sustain the Manager
in his recommendation.
Mr. Plummer: Wu know, it bothers me that no matter which
one we approve here today I am sure the other one is going to go
to court, and the City is going to be without the funds.
Mr. Reboso: Mr. Mayor, I think we should defer this item
to the next. City Commission meeting and have both parties here
I would like to hear from the other side.
Mr. Fincher: I agree. They should be here. I was hope-
ful that they would be here today because Mr. Andrews has been
very cooperative, and unfortunately the way that they have
treated the applications in the past, those for the Orange Bowl,
there hasn't been any definitive process by which he can make a
determination; and I agree with Father Gibson. I don't think it
is a question of who is right or who is wrong. Mr. Leas Campbell
and his organization have the ability and the funds and the talent
to put on a proper show, as I know we do, but as time goes on
here, in order --and this is the point I want to make, Mr. Reboso,
in order to go out and try to seek out the talent, and by that I
mean the acts, and to hold what we have already committed our-
selves for --you meet, when, two weeks from now?
Mr. Plummer: That't; what I was getting at. We do have a
special meeting called for the 30th.
Reverend Gibson: This is an important thing. We are meet-
ing tomorrow in an emergency meeting. Where are those other
people? Can't they be there tomorrow? And if they can't some-
thing is wrong.
Mr. Fincher: Well I think something is wrong that they
can't be here today, to be honest with you.
•
Mr. Lieb: Father Gibson, we met in their office last
Friday morning and asked them to put us on the agenda for late
Thursday afternoon. I said that's very fine. I was in trial.
I, made my final argument and left there at noon and left a young
attorney there to stay with the jury, because I knew that it was
important enough for me to be here at three o'clock. The judge
is going to charge the jury and send the jury out at two, but i
think it is important enough for me to be here, and I made that
effort.
Reverend Gibson: Where is that other side? Are they here
in Miami? If they are here in Miami why can't you call them
tonight,'Mr. Andrews, and say we want you there tomorrow morning,
and if they don't show you won't have no problem out of Theodore.
5-23-74
8 4 MAY 2 31974
Mayor Ferret A11 right, let's defer this item until 11
o'clock tomorrow. It might be a little bit later than that.
After brief informal discussion the matter was deferred
until 8:i5 o'clock Friday, April 24th in the City Commission
meeting room at City Hall.
5-23-74
MAY 231974
MISCELLANEOUS DISCUSSION JTLdS:
66. STATUS OF FEC CONDEMNATION AT OLD PORT SITE
st NL.NG OI:_ 4I.SCMIE _BLVD .FROM t. STREET.. TO EXPRESSWAY
Mrs. Gordon: I have some questions I would like answered,
first from Mr. Lloyd,
Would you please tell me what is the current status of the
condemnation suit for the F,E.C. property next to the old port
site?
Mr. Lloyd: Yes, the status is that we are filing our brief in
the certorrari proceedings tomorrow by mail to the Supreme Court.
It is due there tuesday. The brief is finished and will be
mailed tomorrow.
There will be an oral argument on June 6th on the certorrari.
Mrs. Gordon: All right, the second question is for Mr. Grimm.
Mr. Grimm can you tell me if you can go by memory because I
know what I am going to ask you is statistical and you may or
may not remember but the transportation study and recommendations
for the widening of Biscayne Boulevard.
Can you recall the widening of 6th Street to the expressway as
being a part of that recommendation?
Mr. Grimm: Yes our recommendation, as a matter of fact your
first priority was from 6th to 17th.
Mrs. Gordon: So that leads to the expressway, I mean I am
taking it to that point at this moment for a reason.
Mr. Grimm: Yes that was the City's recommendation for probably
5 years.
Mrs. Gordon: Okay, now can you recall from your memory, approx-
imately how many feet were needed for the cond--+nation of that
property, the F.E.C. property?
Mr. Grimm: I can't, I know that the City in a recent lawsuit
acquired 7 feet on the boulevard and -
Mrs. Gordon: That was just for the sidewalk.
Mr. Grimm: Yes Ma'am and then the State was obligated to acquire
the remaining portion.
Mrs. Gordon: Did they have to pay a fee as we did to the F.E.C.?
Mr. Grimm: I think the City Attorney could answer that better than
I can.
Mrs. Gordon: All right.
Mr. Lloyd: I can answer that question.
Mrs. Gordon: I'll get to you in just a second but I did want to
get as much statistical information from you Mr. Grimm as I could
and you don't recall the widening but certainly it is more than a
matter of 7 feet. We are now talking about maybe 100 feet.
Mr. Grimm: Oh yes in our present plans for the development of the
old port site, have reserved for the future widening of the Boulevard,
if that's the plan we follow, yes.
Mrs. Gordon: Okay now the 3rd question is for Mr. Lloyd.
Mr. Lloyd since it is in the plan and it would be vitally necessary
to widen that portion of Biscayne Boulevard currently owned by FEC,
could it be possible that we could call upon the State to join us
in the condemnation of that portion of the land so that the cost for
the acquisition would be less to us.
Mx. Lloyd: We could call upon the State and ask them if they plan
to in.the widening of Biscayne Boulevard, to confiscate that land
by means of condemnation and yes we could call upon them.
86 MAY 2 31974
Mtg. Cordon: What other means would they have?
Mr. Lloyd: That's the only other means they would have.
Mrs. Gordon: That would be the only means.
Mr. Lloyd: That's right. Other than that to negotiate with
whoever is the owner of the land, at the moment, the F.E.C.
Mrs. Gordon: One more question now. The old Port site would be
part of the land that would require widening too, part of that
would come into the widening, would it now? Mr. Grimm?
The old port site, as well as the F.E.C. property, would it fall
within the purview of the widening of Biscayne Boulevard at that
point?
Mr. Grimm: Yes as I mentioned earlier, our present development
plans at the port site have,a reservation -
Mrs. Gordon: I just wanted you to reiterate that.'
Now when the State takes property from another governmental agency,
do they pay that governmental agency for the land that they take
for the widening?
Mr. Grimm: They have and they haven't. It depends how hard nosed
we get. Under Mr. Reese, the State paid us for right-of-way that
they acquired to develop roads.
I think maybe I can clarify a little something for you.
U.S. #1 is a primary road and was built with federal funds.
Now generally speaking, that does not include the acquisition of
right of way, that burden falls upon the State.
Mrs. Gordon: So then we could anticipate that they would pay us
for part of the o].d port site as they would hole to pay the owner
F.E.C. or whoever it may be if the road is widened in that manner,
correct?
Mr. Grimm: On 2 particular projects that we have underway right
now, the City was paid for the right of way.
Mrs. Gordon: Right, therefore, I would like to move that the
Law Department contact the State and request the State to give
us an opinion of their willingness to join in this condemnation
suit for the portion of the street which will be required for
the street widening.
Mayor Ferre: There is a motion on the floor. Is there a second?
Is there a second to the motion?
What she is asking for and this is not banannas and oranges is
it Mrs. Gordon?
Mrs. Gordon: This is dollars and cents and the dollars and cents
of the taxpayers.
Mayor Ferre: What she is asking for is, that the State join the
City in a lawsuit that will be argued commencing June 6th, the
certorrari before the Supreme Court of Florida that the State
join us in helping to pay for the condemnation of that portion
which falls within the purview of the widening of the extension
of 6th Street.
Of course, why this is oranges and banannas is because the
lawsuit that willbe argued on June 6th has got nothing to do
with the price or the condemnation procedure as such but only
deals with the right of the City of Miami to condemn.
Mr. Lloyd: That is correct because the State of Florida would
have no standing at this time -
Mayor Ferre: The way you would have to word your motion and I
think its a valid motion -
Mrs. Gordon; At the appropriate time-
Mayor Ferre: Is that should we be successful after arguing this
MAY 2 1974
at the Supreme Court of Florida and the Supreme Court of the
United States if it gets there, at that time, how many years
that is, that they would join in that -
Mrs, Gordon: The motion would be adjusted to the State joining
with us at the appropriate time so that when the costs are set
down on the table for the acquisition, the City of Miami Taxpayer
would have a lesser burden than they would have otherwise.
Mr. Plummer: This is only as it relates to widening?
Mrs. Gordon: The widening of Biscayne Boulevard.
Mr. Plunder: If the widening comes about.
Mayor Ferre: That's right.
Mr. Plummer: Vince, is there a plan today, to widen the Boulevard?
Mrs. Gordon: Yes.
Mayor Ferre: Yes, that is what he said. This is an "iffy"
proposal.
Mr. Grimm: When you put the word definite in it. that kind of
ties my hands.
Mrs. Gordon: What do you mean definite?
Mr. Grimm: Definite means that you have got something specific
spelled out -
Mrs. Gordon: "IF" it is widened. "IF" the State pays
Mr. Grimm: I think everybody has talked that ,TF" the Boulevard
were widened, it would be somewhat a continuation of the -
Mr. Plummer: Is there anything in writing that says they are
going to start widening that Boulevard at such and such a date?
Mrs. Gordon: No.
Mr. Grimm: They haven't even included it in our request.
Mrs. Gordon: There is a plan being worked for the widening and
for 'the taking so it is not a dream, there is something on paper.
I want the motion that way, okay?
Mayor Ferre:. Why don't you put it in writing and then tomorrow
we will move on it with all the amendments.
Mrs. Gordon: I move the, motion very simply that I ask the Law
Department to draft a resolution and this is a motion to draft
a resolution that we can work on tomorrow, that we can enact
tomorrow providing you make it a part of tomorrow's agenda since
it is a special meeting -
Then I move the motion that we contact the State for coop
eration at the appropriate time for the joining with us in the
condenniationtof the F.E.C. property for the portion that would
be in the widening, if the widening takes place. Okay?
Mayor Ferre: Further discussion, call the roll.
(Motion passed unanimously)
86
MAY 197A
411
67, AUTHORIZE AGREEMENT WITH JOSEPH & KATHERINE SLAPPY TO REMAIN
ON THE PROPERTY SOLD TO THE CITY FOR A PERIOD NOT TO EXCEED
SIX MONTHS AFTER CLOSING
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-434
A RESOLUTION AUTHORIZING AND DIRECTING TT3E
CITY MANAGER AND THE CITY CLERK TO EXECUTE
AN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
AND JOSEPH SLAPPY AND KATHERINE SLAPPY,
HIS WIFE, TO PERMIT THEM TO REMAIN ON THE
PROPERTY THAT THEY ARE SELLING TO THE CITY
OF MIAMI FOR A PERIOD NOT TO EXCEED SIX
MONTHS AFTER CLOSING.
(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.
On roll call:
Mrs. Gordon: I wish you would repeat that please, Mr. Mayor.
Mayor Ferre: This is a motion that permits some people that
are selling some property to the City of Miami to remain liv-
ing in the property they are selling for a period of 6 months.
Mrs. Gordon: Is there any rental scale, even if it's a dol-
lar a month been set up?
Mr. Lloyd: Yes, we're providing a contract whereby after
the first three months that they stay there in excess of
three months they pay three hundred dollars a month and
they also put up a bond..,
Mrs. Gordon: I would set that amount high enough so they
vacate it when you want them out.
Mr. Lloyd: We also have provided for a bond by virtue of
the fact that if ;.hey're not vacated they forfit the amount.
That's $2500.
68, E.Q.A. LITIGATION - DISCUSSION BY CITY ATTORNEY
Mr. Lloyd: At the special meeting regarding authorizing me
to intervein in the case of The City of North Miami, Florida
versus The Environmental Protection Agency, you also made a
motion instruction me that you wanted to see any pleadings I
proposed to file. I have submitted pleadings to each one of
the members of the City Commission yesterday. They are a mot-
ion of the City of Miami, Florida to intervein as a party to
the defendent pleading entitled Defenses of the City of Miami
85 MAY 2 31974
and a Motion for judgement on the pleading BuMmary judgement
order denying the release ... of the plaintifa .., in the al-
ternative request for an immediate hearing. If the Commis-
sion approves it I will file these motione by mail either
this afternoon or tomorrow, as soon as we can get theme in the
mail.
The motion was introduced by Mr. Plummer, seconded by
Mr. Reboso and passed and adopted by the following vote -AYES:
Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and
Mayor Ferre. NOES: None.
69. LEGION PARK AREA MATTERS - PERSONAL APPEARANCE L. H, BEAL
Mr. L.B. Beal: Mr. Mayor and members of the Commission, Mrs.
Rockefeller asked me to relate this..
Mayor Ferre: We need your name and address for the record.
Mr. L.H. Beal, 710 N.E. 67 Street: She wanted me to give
you this message that on the bayfront out here, across the
bayfront that they're going to put a putting green in out
there, boat docks,..
Mayor Ferre: Who is?
Mr. Beal: This is the message that she gave me, and a bowl-
ing green to go across the front out here of the park. I
would like to say something about increasing the Police force
here in Miami. It seems as if people are afraid to get out
at night time and get around and such as that and I think we
should have more police. I imagine you wonder how you can
get the money for that.
Mayor Ferre: That's a good question.
Mr. Beal: Well, I can tell you but don't jump up here and
get on me. I think that the Le Jeune Golf Course out there
has lived its life just like the golf course downtown that
was sold out and developed and I think Le Jeune is due due
to go and you boys, you may as well go on out there further
out west and buy some more property and us develop that
Le Jeune Golf Course there, especially the property on Le
Jeune Road.
Mayor Ferre: You'd better not let those fellows that use
that golf course and property hear you.
Mr. Beal: I know but there is another thing. They claim
that the average man can't go out there and play because
there's so many water hazards and such as that that they
can't afford to play on it. I'm not kidding about it, these
properties, as we progress, you've got to go on out. That's
all there is to it and the income on taxes from that property
will, I would say finance the salaries of 50 to 75 more
policemen. I think it would be a good move to at least get
rid of the property on Le Jeune Road there. Sell that if
you don't want to get rid of the whole thing. That thing
out there is costing us a lot of money and it, I think that
it is more important that we have the police protection than
to have the golf course out there.
Mayor Ferre: Thank you for your opinion air.
9u
MAY 2 31974
Mira. dordont Anybody eiie Any athe r 6 Otero from the
neighborhood,
ATTEST: H.D. SOUTHERN
CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
MAURICE A. FERRE
MAYOR
9i MAY 2 31974
b
cII1( OF M'AiVII
ME7:ET
G DATE:
INDE MAY 2974
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
(21 Pages)
GRANT APPROVAL -OFF-STREET PARKING SPACES -
ORDINANCE NO.6871-7101-41 N.E. MIAMI COURT
AWARD BID -FENCE MASTERS INC.-FENCE IN CITY'S
AUTO POUND- 1901 N.W. 14TH AVENUE
ACCEPT PLAT -ENTITLED DUPLEX TOWNHOUSE -
SUBDIVISION CITY OF MIAMI
ACCEPT PLAT ENTITLED BOULEVARD TRACT -
A SUBDIVISION CITY OF MIAMI
ACCEPT PLAT ENTITLED NAHHAS SUBDIVISION -
A SUBDIVISION IN THE CITY OF MIAMI
ACCEPTING COMPLETED CONSTRUCTION OF GUNITE
CONSTRUCTION AND RENTALS INC. FOR THE
MARINE STADIUM
ACCEPTING COMPLETED CONSTRUCTION OF HENRY
ANGELO & SONS,INC-ORANGE BOWL PAINTING AND
MAINTENANCE (PHASE II)
ACCEPTING COMPLETED WORK-D.M.P. CORPORATION
-FINAL PAYMENT. -
AUTHORIZE CITY CLERK TO PUBLISH NOTICE PUBLIC
HEARING -CONSTRUCTION BISCAYNE EAST HIGHWAY
IMPROVEMENT H-4357
PURCHASE BY NEGOTIATION IN LIEU OF
CONDEMNATION PARCEL NO. A-1002.3-
EXPANSION PROGRAM ELIZABETH VIRRICK PARK
CLAIM SETTLEMENT-MRS. NITA GOUDE
CLAIM SETTLEMENT-MRS. FERMIN GONZALES
CLAIM SETTLEMENT-RACHAEL GONZALES
CLAIM SETTLEMENT-THOMAS BERRY
FREE USE OF BAYFRONT AUDITORIUM TO THE
DEPARTMENT OF PUBLICITY AND TOURISM FOR
THE FOLK FESTIVAL
APPOINTING SIX ADDITIONAL MEMBERS -CITY OF
MIAMI COMMITTEE ON ECOLOGY AND
BEAUTIFICATION
AWARD BID-G.T.P. CORPORATION -CONSTRUCTION
TRAIL VIEW HIGHWAY IMPROVEMENT H-4366
R-74-397
R-74-399
R-74-401
R-74-402
R-74-403
R-74-404
R-74-405
R-74-406
R-74-407
R-74-408
R-74-409
R-74-410
R-74-411
R-74-412
R-74-413
R-74-414
R-74-415
0070
74-397
74-399
74-401
74-402
74-403
74-404
74-405
74-406
74-407
74-408
74-409
74-410
74-411
74-412
74-413
74-414
74-415
OCUMI,:Wpi N I EX
CONTINU
ITEM NO.
DOCUMENT IDENTIFICATION
PAGE # 2
COMMISSION RETRIEVAL -
CODE NCI._
19
20
21
22
23
24
25
26
27
28
29
• 30
31
AWARD BID -MARKS BROTHERS COMPANY -
CONSTRUCTION OF TRAIL VIEW HIGHWAY
IMPROVEMENT H-4366
AWARD BID-GARCIA ALLEN CONSTRUCTION COMPANY
INC.-CONSTRUCTION OF TRAIL VIEW HIGHWAY
IMPROVEMENT H-4366
ACCEPT BID -EQUIPMENT & FURNITURE CO.INC-
FIRE DEPARTMENT
ACCEPT BID-AMERICAN SEATING CO. -ORANGE
BOWL STADIUM
ACCEPT BID -SEARS, ROEBUCK & CO.- AIR
CONDITIONERS -DEPARTMENTS CITY OF
MIAMI
AWARD BID-LOWRY ELECTRIC CO.INC-
DAVID T. KENNEDY PARK LIGHTING
PURCHASE OF SIX GMC TRUCK CAB AND CHASSIS-
GMC TRUCK AND COACH DIVISION
ASSIGNING MR. LEONARD BISZ TO APPRAISE
PROPERTIES-AFRICAN SQUARE PORTION -
DR. MARTIN LUTHER KING PARK
AWARD CONTRACT -COMPRESSOR AT THE MUNICIPAL
JUSTICE BUILDING
GRANT APPLICATION DEPARTMENT OF JUSTICE -
PROJECT "LAW ENFORCEMENT COMMUNITY
OUTREACH AND CAREER PROGRAM"
AUTHORIZE CITY MANAGER SOLICIT TAXICAB
CERTIFICATE HOLDERS TO DETERMINE THEIR
WILLINGNESS PARTICIPATE USAGE PROGRAMS
IMPROVEMENTS TO THE NEW PORT OF MIAMI
CONSTRUCTION PROGRAM -(PHASE III)
AGREEMENT BETWEEN CITY OF MIAMI AND JOSEPH
SLAPPY AND KATHERINE SLAPPY
R-74-416
R-74-417
R-74-418
R-74-419
R-74-420
R-74-421
R-74-424
R-74-425
R-74-426
R-74-429
R-74-430
R-74-432
R-74-434
74-416
74-417
74-418
74-419
74-420
74-421
74-424
74-425
74-426
74-429
74-430
74-432
74-434