HomeMy WebLinkAboutCC 1974-07-11 MinutesITY OF MIAMI
•
COMMISSION
MINUTES
JULY 11, 1974
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLE•
12.
13.
14.
15.
16.
17.
III
MINUTES OF REGULAR MEET I NG
CITY COMMISSION OF MIAMI, FLORIDA
SUBJECT
CONDOLENCES IN THE DEATH OF EMELINE MCGRANER
VARIANCE - LOTS 15 THRU 18, HIGHLAND PARK
(2-13) 1501 N.W. 9 AVE. (NATIONAL PARKINSON
FOUNDATION)
STREET CLOSURE - S.W. 3 STREET 173' WEST OF
S.W. 50 AVENUE IN CONNECTION WITH TENTATIVE
PLAT #901 - "WEST-SAN SUB"
AMEND SEC 30-28 OF THE CODE - SCHEDULE OF
LICENSES
AMEND APPROPRIATIONS ORDINANCE 8190 - MODEL
CITIES PROGRAM "THRESHOLD PROGRAM FOR
PUBLIC SERVICE AIDES"
AMEND ORD. 6871 - GOVERNMENTAL USE DISTRICT
DISCUSSION ITEM - DEFERRAL OF ORDINANCE
"REMOVAL OF TREES"
PROPOSED CHARTER AMENDMENT - CHIEF OF FIRE
RESCUE UNCLASSIFIED POSITION
PROPOSED CHARTER AMENDMENT - 3/4 COST OF
SANITARY SEWERS BE APPORTIONED TO ABUTTING
PROPERTY
DISCUSSION OF PROPOSED CHARTER AMENDMENT -
DEPUTY CITY MANAGER
AUTHORIZE WAIVER RENTAL FEE - BAYFRONT PARK
BANDSHELL UNITED CEREBRAL PALSY ASSOCIATION
OF MIAMI, INC.
AUTHORIZE WAIVER OF RENTAL FEE - BAYFRONT PA
AUDITORIUM CORAL GABLES WOMAN'S CLUB
AUTHORIZE WAIVER OF PORTION OF AGREEMENT FOR
LEASING DINNER KEY EXPOSITION HALL-MIAMI DADE
DOWNTOWN CAMPUS TO CONDUCT HOME VARSITY BASKS
BALL GAMES, ETC.
EXTEND LEASE AGREEMENT-BALTIMORE BASEBALL
CLUB
ALLOCATE $1102.00 CAPITAL IMPROVEMENT FUND
FOR PLANS AND SPECIFICATIONS FOR CITY HALL -
OFFICE ALTERATIONS AND ADDITIONS
DISCUSSION - FUTURE SITE FOR MAYOR AND CITY
COMMISSION OFFICES
RATIFY AND CONFIRM ACTION OF THE CITY MANAGER
EMERGENCY PURCHASE INSULATION PRIMARY CABLE
FOR ORANGE BOWL
ORDINANCE OR
RESOLUTION NO,
M 74-574
R 74-575
R 74-576
ORDINANCE
NO. 8281
ORDINANCE
NO. 8182
ORD. NO. 8283
DISCUSSION
ORDINANCE
NO. 8264
ORDINANCE
ND. 8285
DISCUSSION
R 74-577
R 74-578
R 74-579
R 74-580
R 74-581
DISCUSSION
R 74-582
PA
1-3
3-4
4-•5
5
5
6-8
8-9
9-10
10
10
10-11
11-1
12
12-1
13-1
15
f
•
ITEM NO,
SUBJECT
Itina
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
RESOLUTION NO. PAGE
15-17
17
17
18
18
R 74-588 19
R 74-589 19-20
R 74-590 -- 20-21`
ORDINANCE
NO. 8286 21
R 74-591 21-22
R 74-592 ' 22-23
DISCUSSION 23
R 74-593 23
R 74-594 24
R 74-595 24
DISCUSSION 24
R 74-596 25
R 74-597 25
Le.
19.
20.
21.
22.
23.
24.
2
26.
27.
28.
29.
3C.
31.
32.
33.
34.
35.
36.
AGREEMENT-AANPONER SING COUNCIL OF DADE
AND P NROE COUNTIES
AUTHORIZE CONTRACT WITH TOUCHE ROSS AND CO.
FOR EXTERNAL AUDIT
ACCEPT HIGHWAY RIGHT OF WAY DEED FROM
ROTUNDA STRUCTURES, INC.
ACCEPT SETTLEMENT OF PROPERTY DAMAGE CLAIM-
JOSE GARRIDO
CLAIM SETTLEMENT-SUSAN JANE & ERIK J.
BLOMQVIST
CLAIM SETTLEMENT - KAREN & MELVIN MC KENSIE
CLAIM SETTLEMENT-JOHNNIEMAE ROUNDTREE AND
WILL/AM ROUNDTREE
ACCEPT BID - TRASH CONTAINERS FOR DEPT. OF
YACHT DOCKS
PROVIDE $23,000 FOR INSTALLATION OF FIELD
LIGHTS AT ORANGE BOWL, AMEND APPROPRIATION
ORDINANCE
ACCEPT BID - FIELD LIGHTS FOR ORANGE BOWL
STADIUM
ACCEPT BID - SHENANDOAH HIGHWAY IMPROVEMENT
SECTION A-H-4362
DISCUSSION OF PROPOSED AGREEMENT FOR ORANGE
BOWL CROWD CONTROL SERVICES
EXPERIMENTAL CURBS, ACCESS RAMPS FOR PERSONS
IN MNEEL CHAIRS
WAIVE RENTAL FEE - ATHLETIC FEDERATION OF
MIAMI, MIAMI STADIUM
APPROVE IN PRINCIPLE PLANS FOR IMPROVEMENTS
TO MIAMI FASHION DISTRICT
3RD YEAR CONTRACT * STANFORD RESEARCH
INSTITUTE DISCUSSION & TEMPORARY DEFERRAL
APPOINTING YVONNE Z. SANTAMARIA AS A MEMBER
ON THE STATUS OF WOMEN
AUTHORIZE EXPENDITURE OF FUNDS - LIGHTING
AT WYNDWOOD PARK
ESTABLISH DATE OF PUBLIC HEARING ON APPLI-
CATION FOR CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY * MIAMI MINI-ALIADOS, INC.
R 74-583
R 74-584
R 74-585
R 74-586
R 74-587
M 74-598
ITEM NO
MIX
MINUTE OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ORDINANCE OR
SUBJECT RESOLUTION NO, PAGE N.
3'7 .
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
RECEIVE BIDS - SOUTH PINEMOUNT SANITARY
SEWER IMPROVEMENT SR-5242-C and SR-5242-S
COCONUT GROVE ZONING STUDY PERSONAL APPEAR-
ANCE OR LARGE DELEGATION OF PERSONS TO DIS-
CUSS: DECLARING NO BUILDING PERMITS BE
ISSUED IN AREA OF PLANNING STUDY UNTIL
JULY 26, 1974
PERSONAL APPEARANCE OF STOCKTON BRIGGLE
REGARDING PROPOSED THEATRICAL PRODUCTIONS
AT THE MIAMI MARINE STADIUM
PERSONAL APPEARANCE OF BOBBY DYKES TO RE-
QUEST FUNDS FOR ATTENDANCE OF TWO PERSONS
AT: WORLD BOXING ASSOCIATION ANNUAL CON-
FERENCE
SELECTION OF CONSULTANTS - ORANGE BOWL
IMPROVEMENTS
SELECTION OF ARCHITECTS FOR AFRICAN SQUARE
QUIT -CLAIM DEED TO MIAMI DADE WATER AND
SEWER AUTHORITY FOR EXISTING VIRGINIA KEY
SEWAGE TREATMENT PLANT AND SITE - DISCUSSION
AND TEMPORARY DEFERRAL
PRESENTATION OF SERVICE RETIREMENT PLAQUES
L. BRADWELL JR., SANITATION DEPT AND
R.I. MOORE, CITY CLERK'S OFFICE
ENTER INTO AGREEMENT THROUGH MANPOWER CCUNCII
OF DADE AND MONROE COUNTIES TO IMPLEMENT A
MIAMI RECREATION SUPPORT PROGRAM.
RESOLUTION - IMPOSE BUILDING PERMIT FREEZE
IN AREAS COVERED BY THE COCONUT GROVE ZONING
STUDY UNTIL: JULY 26, 1974
QUIT CLAIM DEED TO MIAMI-DADE WATER & SEWER
AUTHORITY DISCUSSION AND ADOPTION OF RESO-
LUTION WITH CONDITIONS
PROPOSED CHARTER AMENDMENT - VACANCIES ON
THE CITY COMMISSION - SALARIES OF MEMBERS
OF THE COMMISSION
DIRECTING THE CITY ATTORNEY TO PREPARE
CHARTER AMENDMENT REGARDING VACANCIES ON THE
CITY COMMISSION
ORDINANCE SETTING FORTH PROPOSED CHARTER
AMENDMENT REGARDING VACANCIES ON THE CITY
COMMISSION
R 74-599
M 74-600
M 74-601
M 74-602
M 74-603 -
M 74-604
DISCUSSION
R 74-605
R 74-606
R 74-607
DISCUSSION
R 74-608
ORDINANCE
NO. 8287
27-28 -
28-49
49-53
53-55
55-62
63-64
65-66
67
67
68
68-69
69-78
78-79
79-80
HEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO
SUBJECT
ORDINANCE OR
RESOLUTION NO. PAGE +-
52.
53.
54.
55.
56.
57.
58.
61.
62.
PEOPLE TO PEOPLE - TRANSFER OF EQUIPMENT TO
BOTOTA, COLUMBIA - REPORT BY COMMISSIONER
PLUMMER, ETC.
APPOINT J.L. PLUMMER AS CITY REPRESENTATIVE
TO THE PEOPLE TO PEOPLE COMMITTEE FOR THEIR
SISTER CITY PROGRAM
THANKING PEOPLE TO PEOPLE COMMITTEE
ORDINANCE SETTING FORTH PROPOSED CHARTER
AMENDMENT "DEPUTY CITY MANAGER"
REQUEST CITY MANAGER TO INFORM PUBLIC THE
SUBSTANCE OF ALL PROPOSED CHARTER AMENDMENTS
INCLUDING THE COST OF IMPLEMENTING EACH ONE
CONSOLIDATION OF BONDS INTO A SINGLE ISSUE
ACCEPT BID - COMPUTER SYSTEM FOR POLICE DEPT,
PERSONAL APPEARANCE - MARIO PEREZ REGARDING
SUPPER CLUB LICENSE AT t'VNTMARTE CLUB
RESOLUTION - PROPOSED CHARTER AMENDMENT
#6 SALARIES OF CITY COMMISSIONERS
ADJOURNMENT
M 74-609
M 74-610
M 74-611
ORDINANCE
NO. 8288
M 74-612
R 74-613
ORDINANCE
NO. 8289
R 74-614
R 74-615
M 74-616
R 74-617
DISCUSSION
R 74-618
ORDINANCE
FIRST READING
81-83
83
83-84
84-85
85-86
86-89
90-10
107-1
110-1
:
1
1
I
5 OF R200LhR MEETING OP THE
ern comteastoit OP MIAM1, ?Lonna
On the llth dap of July, 1974 the City Commission of
Miami Florida let at its regular meeting place in said
city in regular session.
the meeting was called to order at 9:04 O'clock A.M. by
Mayor Maurice Ferre.
On roll call, the following members of the Commission
were found to be present:
Commissioner Rose Gordon
Commissioner J.L. Plummer
Commissioner T. Rev. Gibson
Vice Mayor Reboso
Mayor Maurice A. Ferre
An invocation was delivered by Reverend Gibson who then
led those present in an invocation to the flag.
On motion of Mr. Plummer, seconded by Reverend Gibson,
it was unanimously agreed to waive the reading of the minutes
of the previous meeting.
1, CONDOLENCES IN THE DEATH OF EMELINE MC GRANER
Mayor Ferre: I think before we go into the regular agenda it
would be appropriate to pass a resolution of condolence to the
family of Mrs. Emeline McGraner, a lady who served this commun-
ity with great dedication and a personal loss to each and every
one•of us as she was a personal friend of all of us here in the
City. I think it would be most appropriate for us to word the
appropriate resolution for the family.
The following motion was introduced by Mr. Plummer who
moved its adoption:
MOTION NO. 74-574
A MOTION OF CONDOLENCE IN THE DEATH OF
EI83LINE MC GRAVER.
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.
2, VARIANCE - LOTS 15 THRU 18, HIGHLAND PARK )2-13(
1501 N.W. g AVE (NATIONAL PARKINSON FOUNDATION)
Norbert Himmel: Attorney for the National Parkinson Found-
ation and Member of the Board of Directors. When we last
appeared here the basic issue concerning our request and
petition was the parking problem and it was suggested that
maybe we Right be able to get the orthamology research found-
ation to Rake a trade with us or something concerning a lot.
I have a letter here which I would like to present. At that
meeting Mayor Ferre was kind enough to offer his assistance in
meeting with us and a member of the orthamology foundation.
Mayor Ferre was kind enough to do so and as a result of that
1 JUL 11 1974
aj
410
this is the letter which they have given us. They have said
that under Certain Conditions they would be willing to exchange
their lot for our lot. That would be exchange lot 19 for lot
20 so that we would have that extra lot counted towards our
parking requirements. ;I also would like to point out that we
learned a little bit more about the parking in the area gener-
ally, a very interesting point was that the new garage which
is being built not too far from our property is being built
in accordance with a bond issue and there is going to be a
need for cars to fill that parking lot to meet the bond re-
quirements. Not that we are going to supply much for it but
I thought that would be an interesting point on the parking
issue. As the Commission may recall our use for parking is
almost nill.
Mr. Plummer: You know you have shown good faith as far as
I's: concerned. You've done what is needed to be done. i
want you to know that I went over there personally and in-
spected the facilities and I don't know that this Commission
can ask any more of you. What will that additional lot pro-
vide, approximately how aaany cars?
Mr. Zimmel: About 10 spaces, I understand. Now I don't know
the exact number of spaces though interestingly enough we will
never even be using all of the spaces we have.
Mr. Plummer: What about the lot to the east of you, have
you tried to negotiate the lot just to the east? That's
towards 7th avenue.
Mr. Zimmel: That belongs to the ophthalmology, they own all
of that property, a whole section back there and their posit-
ion is that they do not want to sell that.
Mr. Plummer: You tried?
Mr. Zimmel: Yes. We went and we asked them and they explain-
ed that the reason is they hope someday that that is going to
provide them with a chair at the University.
Mayor Terre: Let me if I may, Mr. Zimmel to cut through a lot
of this. If the Commission will look at the map; I went with
Mrs. Levy to talk to Dr. Norton and what the crux of the matter
is is that the ophthalmology, the Baskin Palmer people have
basically purchased all of the land around there. The reason
they have all of this land is because they plan, as they devel-
op their clinic which is now in the midst of a very very large
expansion, to have enough land available where they will, when
necessary and if necessary, put up a parking facility them-
selves. Now that parking facility in everybody's opinion is
not going to be needed for a long long time because the County
right now is building a 1500 unit parking garage right smack in
the middle of that complex. I'm personally satisfied that with
the swap, J.L., of 19 and 20 with the continuity of that land
the way it is plus the ownership by the ophthalmology group of
9, 10, 11 and 12 and across the street, that there is going to
be plenty of parking provided in that area so I'm convinced at
this stage of the game with that swap it makes it reasonable.
That is my personal opinion.
Mr. Grimm: Mr. Mayor and members of the Commission, I would
like to remind that this should be subject to the dedication
of 5 feet on 15th Street.
Mr. Plummer; They're on the record of already agreeing to
that but we'll once again put it subject to the dedication of
the 15th Street 5 feet.
2 JUL 11 1974
410
Z$ j,: we aorta to that.
Mts. Gordon: Was the motion including that the mrwap was
going to take place?
Mr. Humors Ob yes, very definitely, That was the good
faith that they Showed.
Mrs. Gordon: Recognising the need for the addition and rec-
ognizing that the extra lot will provide additional parking
I will second your motion.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-575
A RESOLUTION GRANTING A VARIANCE FROM
ORDINANCE NO. 6871, ARTICLE VIII, SEC-
TIONS 3,5, and6; AND ARTICLE XXIII,
SECTION 4, TO PERMIT TWO-STORY ADDITION
TO BE CONSTRUCTED ON LOTS 15 THROUGH 18
AND MIST 40 FEET OF LOTS 13 AND 14
BLOCK 21, HIGHLAND PARK (2-13) LOCATED
AT 1501 NORTHWEST 9TH AVENUE, WITH SIDE
SETBACKS OF TEN FEET AND ZERO FEET (31
FEET REQUIRED)6 WITH REAR SETBACK OF 30
FEET (31 FEET REQUIRED), WITH LOT
COVERAGE OF 47.2% (24% PERMITTED) WITH
FLOOR AREA RATIO OF 1.88 (1.0 PERMITTED),
WAIVING 165 OF 189 REQUIRED OFF-STREET
PARKING SPACES; SUBJECT TO 5 FEET DEDICA-
TION FOR PUBLIC RIGHT OF WAY FROM SAID
PROPERTY ON NORTHWEST 15TH STREET AND
SUBJECT TO OBTAINING LOT 19, BLOCK 21,
HIGHLAND PARK (2-13) IN EXCHANGE FOR
LOT 20, BLOCK 21, HIGHLAND PARK; ZONED
R-4 (MEDIUM DENSITY MULTIPLE).
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote- AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
3. STREET CLOSURE -S.W. 3 ST 173' WEST OF S.W. 50 AVENUE
IN CONNECTION W
Mayor Ferre: Is there anybody here on item 4, the street
closure of S.W. 3rd Street 173 feet west of S.W. 50th Avenue.
A resolution closing, vacating, abandoning and discontinuing
the public use of S.W. 3rd Street. There are two objectors.
Zoning Board voted 7 to 0 recommended the street closure,
Department recommended approval. Is the applicant here, Mr.
Gerald Westberg?
Mr. Gerald Weatbergs Correct sir, I'a Mr. Westberg.
Mr. Plu ere Mr. Westberg, are these people in objection?
3
J U L 11 1974
there, tire sir.
Mr. Pl ter: Are there any objectorst
Mayor Ferrel Are there any objectors?
MO OBJECTONS APPEARED.
The following resolution was introduced by Mr. Plusher
who:awed its adoption:
RESOLUTION NO. 74-576
A RESOLUTION OFFICIALLY VACATING AND
CLOSING THE 173 FEET OF SOUTHWEST THIRD
STREET, WEST OF SOUTHWEST FIFTIETH AVE-
NUE IN CONJUNCTION WITH TENTATIVE PLAT
NO. 901, WEST-SAN SUB.
(Sere follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by M`rs. Gordon the resolution was
passed and adopted by the following vote AYES: Mrs. Gordon,
Mr. Plusher, Mr. Reboso, Reverend Gibson, and Mayor Ferre.
NUB: None.
4, AMEND SEC 30-28 OF THE CODE - SCHEDULE OF LICENSES
An ordinance entitled:
AN ORDINANCE AMENDING ARTICLE III
SCHEDULE OF LICENSE TAXES, SEC. 30-
28 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, FOR THE PURPOSE OF EXEMPT-
TING A RETAIL SELLER ENGAGED IN RE-
TAIL INSTALLMENT SALES TRANSACTIONS
OR REVOLVING ACCOUNTS WHEN SAID RE-
TAIL SELLER IS A RETAIL SELLER WHO
IMMEDIATELY ASSIGNS ALL RETAIL IN-
STALLMENT SALES CONTRACTS AND (1)
DOES NOT RECEIVE ANY COMPENSATION,
REMUNERATION OR THING OF VALUE RE-
SULTING FROM SUCH ASSIGNMENTS, OR
(2) IS NOT FINANCIALLY INTERESTED IN
THE ASSIGNEE FIRM, OR (3) IS NOT
CONNECTED WITH THE ASSIGNEE FIRM BY
ANY MUTUALITY OF OFFICERS, DIRECTORS,
MANAGERS OR EMPLOYEES; PROVIDING A
PENALTY: REPEALING ALL ORDINANCES,
CODS SECTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE IN
CONFLICT; CONTAINING A SEVERABILITY
PROVISION; PROVIDING FOR AN EFFECT-
IVE DATE.
passed on its first reading by title at the meeting of June
13, 1974, was taken up for its second and final reading by
title and adoption. On motion of Mr. Reboso, seconded by Mr.
Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the follow-
ing vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs.
Gordon and Mayor Ferre. NOES: none.
4
JUL 1
1974
p ospnekaa WAS DRSZ ATED ORDINANCE WO. 8281.
411
•
The Mayor announced that copies had been made available to
the Coaiissionere and that copies were available to the pub..
lie.
AMEND APPROPRIATIONS ORDINANCE 8190 - MODEL CITIES PROGRAM
"THRESHOLD PR0 tAM f OR PUBLIC SERVICE AIDES"
An ordinance entitled:
AN ORDINANCE AMENDING APPROPRIATIONS
ORDINANCE NO. 6190 BY ADDING FIFTEEN
THOUSAND DOLLARS ($15,000) OP ADDITION-
AL REVENUE AS MODEL CITIES' HARD CASH
MATCH PROGRAMMED THROUGH LAW ENFORCE-
MENT ASSISTANCE ADMINISTRATION "THRESH-
OLD PROGRAM FOR PUBLIC SERVICE AIDES";
APPROPRIATING SAID FIFTEEN THOUSAND
DOLLARS ($15,000) TO THE GENERAL FUND,
DEPARTMENT OF POLICE; AND AUTHORIZING
THE PROPER AUTHORITIES OF THE CITY OF
MIAMI TO DISBURSE SUCH FUNDS.
passed on its first reading by title at the meeting of
June 13th, 1974, was taken up for its second and
final reading by title and adoption. On motion of Mr.
Plummer, seconded by Mr. Reboso, the ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson,
Mrs. Gordon, Mr. Plulmer and Mayor Ferre. NOES: none.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8282.
The City Attorney announced that each Commissioner had been
furnished with a copy and that copies are available to the
public.
6, AMEND ORD. 6871 - "GOVERNMENT USE DISTRICT"
An ordinance entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, TO INCLUDE A NEW ZONING
DISTRICT, ARTICLE 7CCI-2 -GOVERNMENT USE -
GU DISTRICT, REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY ARE IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of June
13, 1974, was taken up for its second and final reading by
title and adoption. On motion of Mr. Plummer, seconded by
Mr. Reboso, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following
vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso
and Mayor Ferre. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8283.
The City Attorney announced that each Commissioner had been
A l l " 1 1974
1
fetaisbed with a eopy of the ordinance and that copies are
available to the public.
7, DISLUSSION ITEM DEFERRAL OP =MAKE 'BEM4YA1, OE TREES'
Mrs. Gordon: item 8 which is the next item, Why are we defer-
ring it?
Mr. Andrews: This is being deferred because there are so
many adjustments that are needed for the ordinance that more
time is needed to provide for those and we want to place it
back on the July 25th agenda.
Mrs. Gordon: What kind of adjustments, may I ask?
Mayor Ferre: Are these legal?
Mr. Acton: Partly, yes. Partly as a result of the meeting
of the department with the two individuals that the depart-
ment has been working with in formulating this particular
ordinance. We have been approached by both public utilities
and they have made recommendations since the ordinance is
not to become effective until October 1st, it was our rec-
ommendation that we wait until the 25th and pass this ordi-
nance. We do want the ordinance to go hand in hand with the
Environmental Preservation District, the mapping in other
words of those areas in the city and that will not come be-
fore the Commission until September.
Mrs. Gordon: That's not your reason for deferring it -
because you wish it to come together....
Mr. Acton: No. That's not the reason. What I'm saying is,
the point is that it will not become effective until October 1.
Mrs. Gordon: Are you making any major changes? Is that in
this deferring, are you changing the concept?
Mr. Acton: Yes, we're making some changes as a result of our
meeting with Mr. Simonoff and Mr. Hugget. Mr. Simonoff and
Mr. Nugget, as you recall did write the Commission a letter
stating that there were certain items of adjustments to be
made. We're making those adjustments.
Mayor Ferre: You know I see Mr. Simonoff here and George, I
want to tell you I gave this ordinance casually to an attorney
friend of mine who doesn't do any work for me or has any relat-
ionship with any of my companies but someone who is interested
in this type of thing. He looked at it and he didn't spend
too much time but he told me that he thought that thing could
be knocked out on legal grounds. Let's make darned sure John,
that it has legal teeth in it, that it is not going to be
weakened by somebody saying it is unenforceable and unreason-
able and take it to court and knock it out.
Mr. Lloyd: I have read the entire ordinance myself and I
have also made some suggestions as to where some changes
could be to accomplish that very thing. There are some prob-
lems with it legally in certain areas.
Mr. Plummer: Mr. Mayor, let me voice my concern. I'm sure
we're all in favor of this ordinance but I think we had better
know the impact that it is going to have and a cost factor to
make this ordinance enforceable. You know one of the things
6 . ?Ill 111974
41,
that 1 spoke to at the last setting was that I thought in all
fairness to those Who want the ordinance and this Ccsttission,
that it should be set forth in a 6 month trial basis. i can
invision that this thing will cost a great deal of money for
the enforcement just of this ordinance alone so I would like
that to be taken into consideration to let u$ know what that
cost factor is going to be.
Mr. Andrewss Mr. Mayor and Commission, we'll have that infor-
mation for you when you consider this on the 25th so that you
don't pass it without that knowledge.
Mrs. Gordon: May I ask Mr. Simonoff a question? Mr. Simonoff,
are you going to be here on the 25th?
Mr. M. Simonoff: I had planned to be out of town then. If
necessary I can rearrange it.
Mayor Ferret I think it is the intention, Mr. Simonoff of this
Commission to pass this from what I can see of it unless some-
thing unforseeable comes up. Now there is no question that
the cost factor might be an important part of it. Why don't
you go ahead and address us if you want to say something.
Mr. Simonoff: Just basically, what we're all trying to do is
take a bad ordinance and make it enforceable and if it is going
to cost something to enforce an ordinance as a law then I think
the City of Miami should certainly be prepared to do it. I
can't see that it should be any...
Mayor Ferre: As long as it is reasonable.
Mr. Simonoff: Reasonable, certainly and in trying to set this
up all of us have considered the fact that it is going to cost
something if we try to keep down the process of expense in re-
writing it. Now we haven't really made any major changes.
All of these things that were talked about last time were in-
corporated in a period of about an hour in a meeting with the
Planning Department. I don't really know whether some of these
things are not legally properly worded. The whole purpose was
to try to get it worked out legally so that it could be proper-
ly enforced which the other one wasn't. I would be happy to
meet with any of them, any of the departments to try to simplify
it and work it out. I think it is a very plain simple working
ordinance as it sits but I'm not an attorney and sometimes these
things do end up in courts. Hopefully we can enforce it with
the minimum of that.
Mr. Andrews: Mr. Mayor and Members of the Commission the
reason that we're having some difficulty in finally framing
this is that this ordinance and this activity there is so
much subjective judgement as to how the ordinance will be
carried out that the City Attorney unquestionably has dif-
ficulty in translating that into a legal fora to make the
ordinance a real sound one so we need the time to really
carefully review this.
Mr. Simonoff: I would like to suggest that since Bill Hngget
and I had worked on this and Bill is an attorney that possibly
we could both get together with the Legal Department. Bill
being a legal mind and I'm trying to set it as......
Mayor Ferro: I think that is important.
Mr. Simonoff: An architect should have to design by it what
the natural enhancements of the site are and if we can helpfully
JUL 11974
dt helpthis many
Y way I think we really should do it and I
think it ought to be done as fast as we can because I know for
a fact tint there are pending developments that should fall
under this ordinance and not under the old ordinance. I know
that thete are sites tint are going to be demolished if something
isn't done to flake the ordinance more enforceable. That is
really what we're trying to do but to do it in a reasonable way
so that an architect and a builder and a developer could sit
down and take into account what is there instead of just knock-
ing it all down.
Mayor Ferre: Reasonabi.e, enforceable and eat it will stand
up in court. I think it is very important that you and Bill
Hugget really get together with both... John, I certainly
hope that you will give this personal attention and that of
the department to make sure that we do everything possible
to get all of the details of this worked out.
Mr. Lloyd: I will give it personal attention but I hope that
I will get the ordinance for one day before the Commission
Meeting....
Mayor Ferre: You have them available right now. It is a
question of Mr. Nugget and Mr. Simonoff, if you have any
input. Why don't you sake an appointment right now. Why
don't you get together right now, make an appointment and
that way you'll know exactly what....
Mr. Lloyd: Why don't you do this, can you give me a call
Monday morning?
Mr. Simonoff: Sure. Can we do it next week because I plan
to be out of town. Now if we do it next week will it still
come up on the 25th?
Mayor Ferre: Yes.
Mr. Lloyd: I would like to have an appointment with you and
Mr. Acton and anybody else in the City and myself. What I
suggest is give me a call Monday morning and we'll set up an
appointment as early in the week as we can and I'll coordinante
with Mr. Acton.
Mr. Simonoff: All right. I'll do that.
A motion to defer until the meeting of July 25th was
introduced by Mr. Plummer, seconded by Mrs. Gordon and passed
and adopted by the folloing vote -AYES: Mr. Plummer, Mr.
Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
8, PROPOSED CHARTER AMENDMENT - CHIEF OF FIRE RESCUE
UNCLASSIFIED_ POSITION
An ordinance entitled:
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 62 OF THE CITY OF
MIAMI CHARTER FOR THE PURPOSE OF ADDING THE
CHIEF OF FIRE RESCUE TO THE UNCLASSIFIED
POSITIONS IN THE SERVICE OF THE CITY BY ADD-
ING THE TITLE OF CHIEF OF FIRE RESCUE TO
SUB -SECTION (1) (c); AND SUBMITTING SAME TO
8 JUL 1 y 1974
THE ELECTORS OP TH2 CITY OP MIAMI INN TUE
mown 5, 1974 STATE OF FLORIDA AND DADE
COS GENERAL ELECTION; PROVIDING THAT THIS
PROPOSED CHARTER AMENDMENT SHALL BE REFERRED
TO AS PROPOSED CHARTER AMENDMENT NO. 1;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
was introduced by Mr. Plummer and seconded by Mrs. Gordon
for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Mr. Reboso, Rev. Gibson,
Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None.
Whereupon the Commission, on motion of Mr. Plummer, seconded
by Mrs. Gordon, adopted said ordinance by the following vote -
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and
Mayor Ferre. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8284.
PROPOSED CHARTER AMENDMENT - 3/4 cosT OF SANITARY SEWERS BE
APPORTIONED TO ABUTTING PROPERTY
An ordinance entitled:
AN ORDINANCE SETTING FORTH A PROPOSED
CARTER AMENDMENT AMENDING SECTION 56,
SUBSECTION (j) (f) (h) OF THE CITY OF
MIAMI CHARTER FOR THE PURPOSE OF
PROVIDING THAT THREE QUARTERS OF THE
COST OF SANITARY SEWERS BE APPORTIONED
TO ABUTTING PROPERTY EXCEPT AT INTER-
SECTIONS, WITH THREE QUARTERS OF THE
COST OF AN 8" SANITARY SEWER, EXCEPT AT
INTERSECTIONS AS SUCH COST IS ESTIMATED
BY THE CITY MANAGER (WHICHEVER BE THE
LESSER) NOT INCLUDING HEREIN THE COST
OF LATERALS, PUMPING STATION OR OUTLET;
AND SUBMITTING SAME TO THE ELECTORS OF
THE CITY OF MIAMI IN THE NOVEMBER 5,
1974 STATE OF FLORIDA AND DADE COUNTY
GENERAL ELECTION; PROVIDING THAT THIS
PROPOSED CHARTER AMENDMENT SHALL BE
REFERRED TO AS PROPOSED CHARTER AMEND-
MENT NO. 2; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
CONTAINING A SEVERABILITY PROVISION;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY
MEASURE AND DISPENSING WITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
was introduced by Mr. Plummer and seconded by Mrs. Gordon for
adoption as an emergency measure and dispensing with the re-
quirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Rev. Gibson, Mrs. Gordon,
Mr. Plummer, Mac. Reboso and Mayor Ferre. NOES: None.
9
110
literevels the C mission, on motion of Mr. PlunNer, seconded b
y M ra, Oordon, adopted said ordinance by the following vote
A'$: Rev, Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and
Mayor Ferre. MOVISI *Ono.
MATT CRUD VAS DESXGlkAllto OAMAMI NO, 8285,
The Mayor announced that each Commissioner had been furnished
with a copy of the ordinance and that copies were available
to the public.
10, DISCUSSION OF PROPOSED CHARTER AMENDMENT
DEPUTY CITY MANAGER
Mr. Lloyd: Item c, this is the Deputy City Manager and Mr.
Andrews wants me to change it again on what we have and we're
going to have to work on the change so that will have to be
deferred until later today.
A motion to defer was introduced by Mr. Plummer, seconded
by Reverend Gibson and passed and adopted by the following
vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson,
and Mayor Ferre. MOBS: None.
11, AUTHORIZE WAIVER RENTAL FEE-BAYFRONT PARK BANDSHELL
UNITED CEREBRA, PALSY ASSOcIATIQN PF MIAMI._ TNS,
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-577
R RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO WAIVE ALL FEES FOR
USE OF THE HAYFRONT PARK BANDSHELL BY
THE UNITED CEREBRAL PALSY ASSOCIATION OF
mama, INC. ON NOVEMBER 2, 1974, FROM
7:00 A.M. TO 6:00 P.M. FOR THE PURPOSE
OF CONDUCTING THE ANNUAL :TALK-A-THON
FOR CEREBRAL PALSY.
(Sere follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Plum-
mer* Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOW: None.
12, AUTHORIZE WAIVER OF RENTAL FEE- BAYFRONT PARK AUDITORIUM
CABAL GA3LFS WOMAN S CLUB
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION No. 74-578
A RESOLUTION AUTHORIZING AND DIRECTING THE
10
CHI s i 1AGSR TO INSTRUCT TN PROPER OFFICIALS
OP TH2 CITY' OP MIAMI TO GRANT FREE USE OF
TN union PARK AUDITORIUM TO THE CORAL
GABLES JUNIOR WOMAN' S CLUB FOR THE PURPOSE
OP MOLD/NG THEIR ANNUAL BNNEPXT CABARET TO
BS HELD ON FEBRUARY 28 AND MARCH 1, 1975,
WITH A DRESS REHEARSAL ON FEBRUARY 26, 1975;
SUBJECT TO PAYMENT OF EVENT PERSONNEL, LIGHTS,
INSURANCE AND OTHER DIRECT COSTS BORN BY THE
CITY!''.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
HOES: None.
13, AUTHORIZE WAIVER OF PORTION OF AGREEMENT FOR LEASING DINNER
KEY EXPOSITION HALL- MIAMI DADE DOWNTOWN CAMPUS TO CONDUCT
HOME VARSITY B4SKEJBALj. wigs
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-579
A RESOLUTION AUTFDRIZING AND DIRECTING THE
CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS
OF THE CITY OF MIAMI TO GRANT FREE USE OF
DINNER KEY EXPOSTION FALL TO MIAMI-DADE
COMMUNITY COLLEGE, DOWNTOWN CAMPUS, TO CONDUCT
HOME VARSITY'BASKBTBALL GAMES ON DECEMBER 7,
13, AND 20, 1974; AND JANUARY 8, 17 AND 29,
AND FEBRUARY 5,8 AND 15, 1975, SUBJECT TO
PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE
AND OTHER DIRECT COSTS BORNE BY THE CITY, IN
ADDITION TO A $100.00 FRE PER EVENING FOR
SETTING UP AND TAKING DOWN THE BASKETBALL
FLOOR AND THE SEATING.
(Sere follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Uponbbeing seconded by Rev. Gibson the resolution was
passed and adopted by the following vote-AVS: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
Mr. Ferencik: We had a problem over there a year or so ago
with a seating collapse and I would like to have it specif-
ied in the resolution that this seating not be installed
without our approval each time that it is put up.
Mr. Plummer: I think it should be a standard item.
Mr. Andrews: It is and Nr. Mac Lain is already on notice
by letter and everything else. The other thing, Mx. Mayor,
as long as we're discussing this I would like to add that
11
Jill. '. 11974
1
I Imp, that int W ty dohs thie pethieeion interfer with the
termination of the lobate ill NeVeMber of 197& and Mr. Mac Lean
'1ori't come in here and plead on the basis that he has arranged
for basketball and other items of that nature to be placed in
the auditorium and with the CoMmisaion`s concurrence that he
is asking for a lease extension.
Mayor ?erre: Do You want us to do something about that?
Mr. Andrews: No. it just stands on its own. It is on the
record and the CotPisaioners are aware of it.
i
14. EIZEM LEASE MMEEMENT- T�
AL Mi'!$E BASEBALL CLUB
The following resolution was introduced by Rev. Gibson
who moved its adoptions
RESOLUTION NO. 74-580
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN EXTENSION OF A LEASE AGREE-
MENT, ORIGINALLY DATED FEBRUARY 5, 1971,
BETWEEN THE CITY OF MIAMI AND THE
BALTIMORE BASEBALL CLUB, INC. FOR THE
USE OF THE MIAMI BASEBALL CLUB, INC. FOR THE
USE OF THE MIAMI BASEBALL STADIUM DURING
THE 1975 SPRING TRAINING SEASON, SAID
EXTENSION OF LEASE AGREEMENT BEING AT-
TACHED HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on
file in the City Clerk's office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
15, ALLOCATE $1102,00 CAPITAL IMPROVEMENT FUND FOR PLANS AND
sPFCTFtCATTONS FOR CITY HALL -OFFICE ALTERATIONS, Ni A?DJ3IDN,S
Mr. Andrews: When we were going through the process of de-
signing the plans here for City Hall it was necessary to obtain
some expertise as far as the structural design is concerned.
I authorized that we hire such a firm to help us analyze the
structural aspects of this building because they were quite
complicated.
Mr. Plummer: It has already occured?
Mr. Andrews: Yes.
Reverend Gibson: You know you've got a pretty good engineer-
ing firm around here in this City. I'm just trying to under-
stand why would we have to, since you know this? I just don't
understand why we have to ask an outside outfit. I think men
like ht. Grimm and those guys are pretty good engineers.
12
JUL ' '.1974
ter. AhdreWet itit sir and I'm real proud of them but there are
serialised areas and sir. *rine can explain it if you wish.
Reverend Gibson: I just wanted to rake sure that I understood.
The following resolution was introduced by Mr. Pluasaer
WhO NOved its adoption:
RESOLUTION NO. 74-581
A RESOLUTION ALLOCATING THE 010UNT OF
$1102.00 FROM TSR ACCOUNT ENTITLED
CAPITAL IMPROVEMENT FUND - UNALLOCATED
FUNDS FOR SPECIAL CONSULTANT SERVICES
IN THE PREPARATION OF PLANS AND SPECI-
FICATIONS FOR THE CITY HALL - OFFICE
ALTERATIONS AND ADDITIONS - 1974.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
16, DISCUSSION - FUTURE SITE FOR MAYOR AND CITY COMMISSION OFFICES
Mrs. Gordon: Could we have the Manager tell us what he is
contemplating with regard to the request you made, Mr. Mayor?
Mayor Ferre: You mean the one on our offices?
Mrs. Gordon: Yes. I would like to know what he has to say
about it.
Mr. Andrews: I'm not prepared to make a recommendation at this
time. We have been reviewing offices and parking and conditions
of rental and I guess I have been out of touch with the rental
market and I'm really shocked at what we may have to pay for
office space. We're just going to have to keep searching. We
uncovered another possibility of office space in downtown Miami
yesterday which we are going to go look at that is a little
less expensive. How convenient the parking will be and other
conditions, we'll have to wait until we examine the premises.
Mrs. Gordon: Mr. Manager, are you directing your attention to
downtown Miami?
Mr. Andrews: No ma'am, we've explored areas in Coconut Grove
as well and the costs run between 9 and 10 dollars per square
foot with limited parking.
Mrs. Gordon: Are you only looking at brand new buildings?
Mr. Andrews: Well in the Grove area we were because we were
trying to concentrate in an area adjacent to the Dinner Key
area if we were going to move the Commission's offices to the
Grove area rather than move them too far away. If we start to
move further than that then we're considering downtown Miami.
13
JUL 1 1974
Mrs. Gordon* I want to voice my own personal opinion. I
think it behooves me to do that at this time. I think it is
a poor policy for the Commission and the Mayor to be downtown
and the rest of the city administration here in the Grove. I
don't say that it is a .poor policy for the entire kit and
kaboodle to the downtown but I think to be directed in that
way is a very bad policy and I've asked and I've stated that I
personally don't choose to go downtown. Now the record reflects
that.
Mayor Ferre: You know, and I'll tell you, I think you are right.
I think the more I've thought of this and the more I've looked
at this whole, as bad as these offices may be here and as much
as we may need them and as much as I would like to see us mov-
ing in the direction of downtown, I don't see how this Commis-
sion can be separated from the functions of the City.
Mr. Andrews: In fairness to the Commission, we don't have to
sake this decision until after this November election. This
concept of the Deputy City Manager is not going to go together
we're going to have a different set of circumstances that we'll
have to evaluate.
Mrs. Gordon: Well again the Mayor said and reiterated what I
said, we need to stay together. The one part cannot be removed
from the other and function effectively in my opinion.
Mr. Andrews: Another judgement factor that you might address
yourself to then which would help me in the looking for space;
what would you consider a maximum distance that you would move
away from the Dinner Key area?
Mrs. Gordon: I think that would be decided when you found an
alternative to going downtown.
Mayor Ferre: I don't think ....
Mrs.Gordon: It should be close, very close.
Mr. Andrews: That's what we've been looking at, something
that is as close as possible.
Mayor Ferre: You can't be half pregnant and I go along with
that premise, if we've got to be part of this City function,
and that means right here. If you're 500 feet away you may as
well be 5 miles away.
Mrs. Gordon: I have mentioned and I've said, and I reiterate,
I would stay here. I might be directed from the rest of the
Commission but I don't think I want to be disected from the
administration.
Mr. Andrews: Then some of the alternatives we might look at
is to, and which I'll begin immediately is not consider moving
the Commission offices away from this building but providing
expansion in a different way and we'll be looking to moving
out some of the administrative aspects maybe from a portion of
the building so there is more space here.
Mayor Ferro: Just so long as we don't spend $400,000.
14
•
i
17, DiK t pURL'Hil r INSUJTIONtPRIMARY N211EFOR ORANGE BOWL
The following resolution was introduced by Mr. Pine
Who Sowed its adoption:
RESOLUTION NO. 74Y-582
A RESOLUTION RATIFYING AND CONFIRMING
THE ACTION TAXEN BY THE CITY MANAGER
IN AUTHORIZING THE PURCHASING DEPART-
MENT TO ISSUE A PURCHASE ORDER FOR
1.550 FUT OF 3/0 5000-VOLT INSULATION
PRIMARY CABLE POR INSTALLATION AT THE
ORANGE BOWL STADIUM AT A TOTAL COST OF
$3,027.15.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Uponkeing seconded by Reverend Gibson the resoltuion
was passed and adopted by the folloing vote -AYES: Rev. Gibson,
Mrs. Gordon; Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None. .
18. AGREEMFNT - MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES
Mr. Plummer: Paul, is this a grant that is coming directly
to the City of Miami?
Mr. Andrews: Yes, sir.
Mr. Plummer: All right. And this will pay up to an individual
$10,000 for an annual pay?
Mr. Andrews: Yes. We anticipate employing 40-50 depending on
salary of people who will be working directly for the city
government and the conditions of employment, this can be con-
sidered a threshold type of program in that conditions of
employment we do not have to follow the strict guidelines of
Civil Service requirements including physical. This will
enable us to bring blacks and Latins into the city organization.
They will have an opportunity to be trained and can then take
examinations while they are working for the City.
Mr. Plummer: Lot me tell you the point I want to make. You
know just because you get money doesn't necessarily mean that
you need 40 or 50 new people. Now is there a possibility that
some of this money could go for existing positions which are
being funded by the City. What I'm saying is Paul, you know
when you fund this thing with 40 new people at the end of
the year this fund runs out. Then they go on City payroll
and I'■ just questioning do we have a need for 40 or 50 new
people in this City?
Mr. Andrews: In the area that we're planning to utilize theme
and this will be brought out more definitely in the budget.
Yes, and I'm planning if the Commission concurs that most of
these people be used in the Parks and Recreation Programs.
15
JUL 1 1 1974
• •
Mr. P1VMMert Paul, how do your justify that when we have such
a erying Mead in the Police and Fire?
Mt. Andrews: The standard as far as Police are concerned,
File Jot to 'diet those conditioner you've get to get thee
through the aeade*y and to forth and these people probably
mid not be qualified.
Mr. Plummer: Are you telling me that these funds cannot be
juggled?
Mr. Andrews: No, sir.
Mr. Plummer: In other words you cant take someone existing
on a payroll and put him on these funds? ',
Mr. Andrews: No, sir. These people have to be unemployed for
a certain period of time before we can employ them. This is
for the purpose of providing employment to unemployed and under
employed individuals in the community.
Mrs. Gordon: Mr. Manager,"may I make a sdggestion which you
can consider as a way of using these people in the Parks and
Recreation program and perhaps in addition to other ways that
you've thought about. It seems to me that there is a crying
need for some kind of foot patrolling in Bayfront Park. Is
there a possibility that these people could be used as a park
patrol without being absolutely trained as policemen or women
but given sufficient knowledge to be able to act in a deputized
manner? Would you consider this and report back at the next
meeting?
Mr. Andrews: I'll certainly look into it.
Mr. Plummer: Not just Bayfront Park but all of the parks.
Mrs. Gordon: I bring this most important is Bayfront Park
because of the complaints that I have heard in recent weeks
that what do we need more parks for when the parks we have
are being used totally by undesirables. So therefore, inorder
to sake it a desirable place for people to go it would come
about in my opinion, by having City Employees visible.in some
type of uniform which would be of a color that would be dist-
inguishable, either orange or some other color that would make
it easily distinguishable. This is a City Employee that is
watching or guarding the parks.
Mr. Andrews: Another pair of eyes or ears.
Mrs. Gordon: Yee, exactly.
The following resolution was introduced by Mr. Plummer
who coved its adoption:
RESOLUTION 00. 74-583
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH METROPOLITAN
DARE COUNTY, THROUGH THE MANPOWER PLANNING
COUNCIL OF DADE AND M NROE COUNTIES TO
IMPLEMENT A MIAMI RECREATION SUPPORT
PROGRAM, AND FURTHER AUTHORIZING THE
CITY MANAGER TO INCLUDE CURRENT PROGRAM
EMPLOYEES ON THE PAYROLL WHILE THE AGREE-
MENT IS FINALIZED AND SUBMITTED TO THE CITY
COMMISSION FOR APPROVAL.
16
JI11_ 11 1974
410
(ate follows body of resolution, ooitted here and
on file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was paused and adopted by the following vote -AYES: Mr. Plum-
mar, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferro.
MUM Via.
19, AUTHORIZE CONTRACT WITH TOUCHE ROSS AND COMPANY FOR
EXTERNAL AUDIT
The following resolution was introduced by Mr. Plummer
who coved its adoption:
RESOLUTION NO. 74-584
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A CONTRACT WITH
THE FIRM OF TOUCHE ROSS & CO. FOR THE EXTERNAL
AUDIT OF THE FINANCIAL ACCOUNTS, RECORDS AND
FISCAL YEAR ENDIW3 SEPTEMBER 30, 1974.
(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 follwing vote -AYES: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
20. ACCEPT HIGHWAY RIGHT OF WAY DEED FROM ROTUNDA STRUCTURES INC,
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-585
A RESOLUTION ACCEPTING HIGHWAY RIGHT OF
WAY DEEDS EXECUTED BY ROTUNDA STRUCTURES
INC. CONVEYING FOR HIGHWAY WIDENING CON-
TIGUOUS 25-FOOT WIDE STRIPS OF LAND AT THE
WORTS SIDE OF SOUTHEAST FIFTH STREET RUN-
NING WESTERLY FROM THE CORNER AT ERICKELL
AVENUE; AND DIRECTING THE PROPER OFFICIAL
OF THE CITY OF MIAMI TO RECORD SAID DEEDS IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
17
,I111 11 197
111111111I111 h IIas 1 lig
21, ACCEPT ,n,SETTLEICIT_ . Of PROEM' DAMAGE CLAIM- JOSE GARRIDO
Tbe follovihq resolution was introduced by Rev. Gibson
Who sped its adoption:
RESOLUTION NO. 74-586
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO ACCEPT THE SUM OF $500.00 IN
FULL AND COMPLETE SETTLEMENT OF THE PROPERTY
DAMAGE CLAIM OF THE CITY OF MIAMI VERSUS JOSE
GARRIDO, AND AUTHORIZING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE
A RELEASE RELEASING JOSE GARRIDO FROM ANY AND
ALL CLAIMS AND DEMANDS FOR PROPERTY DAMAGE
ARISING OUT OF THE ACCIDENT INVOLVED IN THE
ABOVE CLAIM.
(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-AMES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and MayasFerre.
NOES: None.
22. CLAIM SETTLEMENT — SUSAN JANE AND ERIK J. BLOMQVIST
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-587
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SUSAN JANE BLOMQVIST,
A MINOR, AND HER FATHER AND NEXT FRIEND,
ERIK J. BLOMQVIST, JR., WITHOUT THE AD-
MISSION OF LIABILITY, THE SUM OF $60.00
IN FULL AND COMPLETE SETTLEMENT OF ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
(Sere follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
18
•
2 , CLAULZTLEVENt. -1AREN AND MELVIN MC KENSIE
Mr. Plainer: Mr. Attorney, I read here on 28.b. that ..d
laid' one is this now/
Mr. Lloyds Karen McKensie.
Mr. PluMmers Where did I read what her medical expenses
were? Fifty-six dollars. Now is the rest of money going
for what? Is it for punitive or for attorney's fees?
Mr. Lloyds This is for pain and suffering and possible
permanent iapedience.
Mr. Plummer: All right. It is the other one I'm more con-
cerned about.
The following resolution' was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-588
A RESOLUTION AUTRDRIZING THE DIRECTOR OF
FINANCE TO PAY TO KAREN MCKENSIE, A MINOR,
AND HER FATHER AND NEXT FRIEND MELVIN Mc-
KENSIE WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $350.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF
A RELEASE RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
fie in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
24. CLAIM SETTLEMENT - JOHNNIEMAE ROUNDTREE,& WM. ROUNDTREE
Mr. Plummer: Now this is the one. What are the medical bills
on this one?
Mr. Lloyd: Medical bills of $253.00 and loss of wages for
seven weeks $525.00.
Mr. Plummer: Oh, I didn't see the loss'of wages. All right,
that's what I didn't see. Mr. Manager, what can this City do?
You know we see quite a few of these about this so-called
cracked sidewalk. Now is there any way that the City can
better protect itself? Doesn't an owner have some liability?
Mr. Lloyd: I'd better explain that.
Mr. Plummer: If you would, because you know this isn't the
first one that we've seen.
19 JUL 111974
Mr. Lloyds The law is that after the sidewalk has been in-
stalled that the City, the Municipality has the duty to main-
tain the sidewalk in a.reaeOnably safe condition.
Mr. Plummer: Pr. Mayor, I'll move it but you know, 1 think
and Via not speaking, and let the record reflect, I'm not
speaking to this particular case but it seems to me that
people are making an occupation of falling on sidewalks.
Mr. Lloyd: Just to set your mind a little bit more at ease,
let me explain this: That our policy that the Law Department
general policy in submitting these types of claims to the
City Commission is that we do not submit the claim to the
City Commission for settlement unless it is for just nominal
expenses of a claim less than $1000 unless they sue the City.
If they do that, then afterwards we defend and I can tell you
this that we defend to the end far more sidewalk claims than
we ever submit to the City Commission. We have hundreds of
these a year.
Mr. Andrews: Mr. Mayor and Members of the Commission I would
like to point out that the City administration is very con-
scious of this through our Public Works Department. We have a
separate crew that does nothing but go out and patch side-
walks to try to eliminate these conditions; but with the trees
that we have and other things we're constantly having problems.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-589
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JOHNNIEMAE ROUNDTREE AND
WILLIAM T. ROUNDTREE, HER HUSBAND, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $778.00
IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS
AND DEMANDS AGASNST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
25, ACCEPT BID - TRASH CONTAINERS FOR DEPT. OF YACHT DOCKS
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-590
A RESOLUTION ACCEPTING THE BID OF NEW YORK
SANI-CAN, INC. FOR FURNISHING FOURTEEN (14)
2 YARD TRASH CONTAINERS, ROLL -AWAY TYPE, FOR
USE BY THE DEPARTMENT OF YACHT DOCKS AT A
20 JUL 111914
•
TOTAL OOST 0P $ 3, 0►80.00 t AND AU'IT43RIZI* THE
CrT"f MAMMA TO INSTRUCT to PURCHASING
OSPARTMENT TO ISSUE A PURCHASE ORDER f+OR
SAW A R PIRST I1&VING ERMINED THAT
PUMA BUDGETED FOR THIS PURPOSE ARE AVAILABLE.
(sere follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being eeeonded by Mr. Reboso the resolution was
'reseed and adopted by the following vote-AYS: Mrs. Gordon,
Mr. Plummer, Mr. Reboso, Rev., Gibson and Mayor Ferre.
NOES: None.
26. PROVIDE $23,000 FOR INSTALLATION OF FIELD LIGHTS AT ORANGE BOWL
AMEND APPROPRIATION ORDINANCE
The City Attorney read the ordinance by title.
An ordinance entitled:
AN ORDINANCE AMENDING APPROPRIATION ORDINANCE
NO. 8190 ADOPTED SEPTEMBER 26, 1973 TO PROVIDE
FOR THE ADDITIONAL APPROPRIATION OF $23,000
FROM THE ORANGE BOWL FUND BALANCE TO COVER THE
PURCHASE AND INSTALLATION OF NEW FIELD LIGF'.TS
IN THE ORANGE BOWL STADIUM; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
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.
was introduced by Mr. Plummer and seconded by Mrs. Gordon for
for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Mr. Plummer, Mr. Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
Whereupon the Commission, on motion of Mr. Plummer, seconded
by Mrs. Gordon, adopted said ordinance by the follwing vote -
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and
Mayor Ferre. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8286.
27, ACCEPT BID - FIELD LIGHTS FOR ORANGE BOWL STADIA
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-591
A RESOLUTION ACCEPTING THE BID RECEIVED JULY 1,
1974 OF WESTINGIDUSE ELECTRIC CORPORATION FOR
ITEMS 1,3 & 5 OF PROPOSAL, AT AN ESTIMATED COST
OF $14,914.70; AND GENERAL ELECTRIC SUPPLY CO.
FOR ITEM 4 OF PROPOSAL, AT AN ESTIMATED COST OF
21
JUL 111974
411
$2, 54g t FOR PURNISHING AND DELIVERING OP NEW
FIELD t.IGHTS POR THE OBE HOWL STADIUM;
AUTHORIZING THE WORK TO BE ACCOMPLISHED HY CITY
MEM; Mb DIRECTING THAT A PURCHASE ORDER BE
/MED THEREFOR,
e
(Here follows body of resolution, omitted here and on
file in the City Clerk'a Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -ASS: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Perre.
NOES: None.
28, ACCEPT BID - SHENANDOAH HIGHWAY IMPROVEMENT ACTION A-H-4362
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-592
A RESOLUTION AWARDING THE BID OF GARCIA ALLEN
CONSTRUCTION COMPANY,IINC. Ir. THE ESTIM-
ATED AMOUNT OF $89,646.89 FOE. SHENANDOAH
HIGHWAY IMPROVEMENT - SECTION A - H-4362
(REBUILDING) IN SHENANDOAH HIGHWAY IMPROVE-
MENT DISTRICT - SECTION A - H-4362 (REBUILD-
ING); AND SHENANDOAH HIGHWAY IMPROVEMENT
SECTION B - H-4365 (REMACADAMIZING) IN SHENANDOAH
HIGHWAY IMPROVEMENT DISTRICT - SECTION B H-4365
(REMACADiAMIZING); ALLOCATING THE AMOUNT
OF $368,486.41 FROM THE HIGHWAY BOND FUND
AND $342,242.01 FROM THE STORM SEWER BOND
FUND TO COVER THE ESTIMATED CONTRACT COST
FOR SHENANDOAH HIGHWAY IMPROVEMENT - SEC-
TION A -H-4362 (REBUILDING) AND ALLOCAT-
ING THE AMOUNT OF $184,118.47 FROM THE HIGH-
WAY BOND FUND TO COVER THE ESTIMATED CONTRACT
COST FOR SHENANDOAH HIGHWAY IMPROVEMENT -
SECTION B - H-4365 (REMACADAMIZING); AL-
LOCATING $36,848.59 FROM THE HIGHWAY BOND FUND
AND $34,224.20 FROM THE STORM SEWER BOND FUND
TO COVER THE COST OF PROJECT E,ENSE FOR SHENANDOAH
HIGHWAY IMPROVEMENT - SECTION A - H-4362
(REBUILDING); ALLOCATING $18,411.85 FROM THE
HIGHWAY BOND FUND TO COVER THE COST OF PRO-
JECT EXPENSE FOR SHENANDOAH HIGHWAY IMPROVE-
MENT - SECTION B - H-4365 (REMACADAMIZING);
ALLOCATING THE ADDITIONAL AMOUNT OF $5,370
FROM THE STORM SEWER BOND FUND FOR SHENANDOAH
HIGHWAY IMPROVEMENT - SECTION A - H-4362
(REBUILDING) TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING, LABORATORIES, POSTAGE,
ETC.; ALLOCATING THE ADDITIONAL AMOUNT OF $2,682.68
FROM THE HIGHWAY BOND FUND FOR SHENANDOAH
HIGHWAY IMPROVEMENT - SECTION B - H-4365
(REMACADAMIZING) TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING, LABORATORIES,
POSTAGE, ETC.; AND AUTHORIZING THE CITY MAN-
AGER TO EXECUTE A CONTRACT WITH SAID FIRM.
22 JUL 11 1974
(Mere follows body of resolution, oftitted here and
on file in the LCity Clerk's Office.)
Upon being Seconded by Rev, Gibson the resolution was
passed and adopted by the following vote+kYES: Rev. Gibson,
Mrs. Gordon, Mr. BiuMmer, Mr. Reboso and Mayor Ferre.
*Otis None.
29, DISCUSSION OF PROPOSED AGREEMENT FOR ORANGE BOWL
CRAW) CONTRAL SERVICES
Mr. Plummer: Move to defer. I would like to have some dis-
cussion of some incidents eat took place with the City Man-
ager before this is approved. How much damage will this do
if this is put off two weeks?
Mr. Andrews: None.
Thereupon a motion to defer was introduced by Mr. Plum-
mer. seconded by Mr. Reboso and passed and adopted by the
following vote -AYES: Mrs. Gordon. Mr. Plummer, Mr. Reboso,
Rev. Gibson, and Mayor Ferre. NOES: None.
30, EXPERIMENTAL CURBS ACCESS RAMPS FOR PERSONS IN WHEEL CHAIRS
Mr. Plummier: Mr. Mayor, I think it should be noted and
Rose, maybe you're not award, that on Flagler Street already
from Biscayne Boulevard to the railroad tracks have already
been cut and it has shown a tremendous improvement in down-
town but it has already been done.
Mrs. Gordon: There are other areas we ought to attach our
attentions to.
Mr. Plummer: But let the record reflect that this City has
done something.
The following resolutionaas introduced by Mrs. Gordon
who moved its adoption: ,
RESOLUTION NO. 74-593
A RESOLUTION AUTHOORIZING THE CONSTRUCTION
OF EXPERIMENTAL CURB ACCESS RAMPS FOR
PEOPLE IN WHEELCHAIRS AT SELECTED SITES,
TO TEST THEIR EFFECTIVENESS PRIOR TO THEIR
CITY-WIDE PLACEMENT.
(Sere follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
23
JUL 111974
31, WAIVE RENTAL FEE - ATHLETIC FEDERATION OF MIAMI
MUM . TADIUM
The following resolution was introduced by Reverend Gib -
eft w+ho Wired it* adop tton s
RESOLUTION NO. 74-594
A RESOLUTION RATIFYING AND CONFIRMING
THE ACTION TAKEN BY THE CITY MANAGER
IN AUTHORIZING THE WAIVING OF THE
RENTAL FEB FOR USE OF THE MIAMI
STADIUM ON JUNE 21 AND 22, 1974 BY
THE ATHLETIC FEDERATION OF MIAMI.
(Here follows body of resolution, omitted here and on
file in theCity Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote-A36: Mr. Reboso,
Rev. Gibson, Mrs Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
32, APPROVE IN PRINCIPLE PLANS FOR IMPROVEMENTS To MIAMI FASHION
j) i STR I CT
The following resolution was introduced by Mrs. Gordon
who coved its adoption:
RESOLUTION NO. 74-595
A RESOLUTION APPROVING IN PRINCIPLE PLANS
SUBMITTED BY SOL W. MEYERSON FOR IMPROVEMENTS
IN THE MIAMI FASHION DISTRICT, AND REQUESTING
THE CITY MANAGER AND THE DIRECTOR OF PUBLIC
WORKS TO INAUGURATE A HIGHWAY IMPROVEMENT
DISTRICT IN THIS AREA.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayan Ferre.
NOES: None.
33, 3 YEAR CONTRACT - STANFORD RESEARCH INSTITUTE
D DISCUSSION AND TEMPORARY DEFERRAL
Mr. Plummer: Mr. Mayor, in all fairness can I suggest that
we hold this until 2:00 O'clock when we take up item #29?
Mayor Ferre: All right. We'll take it up in the afternoon.
24
JUL 13.1974
34, APPOINTING YVONNE Z. SANTAMARIA AS A MEMBER ON THE
STATUS OF WOMEN ...
The folloWing resolution was introduced by Mr. Reboso
Who moved its adoption:
RESOLUTION NO. 74-596
A RESOLUTION APPOINTING YVONNE Z. SANTAMARIA
AS A MEMBER OF THE COMMISSION ON THE STATUS
OF WOMEN, TO FILL THE VACANCY CREATED BY THE
RESIGNATION OF MRS, GRACE ROCKAFELLAR.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Rev. Gibson the resolution was
passed and adopted by the following vote -AYES: Mrs. Gordon,
Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
NOES: None.
35, AUTHORIZE EXPENDITURE OF FUNDS - LIGHTING AT WYNDWOOD PARK
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-597
A RESOLUTION AUTHORIZING THE EXPENDITURE OF THE
NECESSARY FUNDS FROM THE PROPER SOURCES FOR
LIGHTING AT WYND1i00D PARK.
(Here follows body of resolution, omitted here and on
file in the -City Clerk's Office.)
Upon being seconded by Rev. Gibson the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayas Ferre.
NOES: None.
25
JUL 11 1974
36. ESTABLISH DATE OF PUBLIC HEARINGyySSgToNt APPLICATION FOR CERTIFICATE
OF PUBLIC CONVENIENCE MIIEPII IIADOS. INC.
Mr. Andrews: Mr. Mayor on item No. 35A, the application
was actually made on July 3 and to permit 60 days, mould
fall into the first week of September. I'd like you to get
an opinion from the City Attorney if you can schedule this
properly for the first meeting in September which would
'be about the llth or so.
Mayor Ferre: The 12th, this is the Henry Pino?
Mr. Plummer: Setting the date for the 12th of
September?
The following motion was introduced by Mr. Plummer,
who moved its adoption:
MOTION NO. 74-598
A MOTION FIXING SEPTEMBER 12, 1974 AS THE
DATE FOR A PUBLIC HEARING ON APPLICATION FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO MIAMI MINI ALIADOS FOR
OPERATION OF A MINI -BUS SYSTEM IN THE CITY
OF MIAMI
Upon being seconded by Rev. Gibson, the resolution
was passed and adopted by the fallowing vote - AYES:
Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso,
aM Mayor Ferre. NOES: None.
Mrs. Gordon: Now I want to question the Manager.
What is the up -date on your survey to the taxicab
industry.
Mr. Andrews: We have all of the information, we
think we have, at least. Toe information keeps coming
in, it is very encouraging, they want to participate
and I am going to be supplying the City Commission with
a report and particularly to you Mrs. Gordon because
you are chairman of that committee. But we had set a
date of .fitly 1st hoping that the industry would respond
by that date and every day thereafter some more came in,
so we will have a report very shortly.
Mrs. Gordon: Can we have it by the early part of
next week so we have time to study it?
Mr. Andrews: Yes.
Mrs. Gordon: Okay,
Mayor Ferre: Rose, I tell you, I think it is very
important that we keep in communication with the Metro
transit authority because I don't want these people
coming here and saying that we are rasing
Mrs. Gordon: They are part of the Committee Mr. Mayor.
Mayor Ferre: I know, but it is important that they
be an active part of the committee so they don't come
back later on and say well, --
Mrs. Gordon: For your information, maybe you didn't
know it, but there has been no steps taken, recommendations
to you or to the rest of the Commissioner or anybody without
LTA. concurrence.
Mr. Plummer: 1 would also in moving the motion like
Mr. Manager, that on the 12th of September, that when this
public hearing is held, that by writing you notify Dave.
Reynolds.
Mayor Ferre: Let me tell you what the problem is,
it is not Dave Reynolds you are g ing to have to notify,
you are going to have to notify, ---because by that time,
you have a new ball game,and the boss is going to be,
John Dyer, so that is what I am talking about. Do you
get my point?
Mra. Gordon: I do, and Mr. Dyer is in concurrence
with the method of procedure we are following, and fully
apprised of it.
Mayor Ferre: I am all for it Rose, I just want to
make sure you don't have John Dyer or somebody coming
here, saying we are recommending
Mrs. Gordon: I fully understand and it is good
the public records reflect this.
Mr. Southern, City Clerk: Mr. Mayor, could I remind
the Commission this date you set on this hearing of
the Pine matter, the Code requires that it be not less
than 60 days from the date the application was filed,
September 12th would be more than 60 days.
Mr. Lloyd: We are aware of that, the provision is
directory not mandatory, this is all right.
37, RECEIVE BIDS - SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT
SR-5242-C ANn _SR-5242-S
Mayor Ferre: We will now receive sealed bids for
South Pinemount Sanitary Sewer improvement .
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-599
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER
TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS
AUTHORIZED TO BE RECEIVED THIS DATE FOR SOUTH
PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C
AND SR-5242-S
Upon being seconded by Mr..Plummer, the resolution
was passed and adopted by the following vote - AYES:
Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and
Mayor Ferre. MOM: None.
27 JUL 11 :A •._j
BIDS WERE RECEIVED FROM THE FOLLOWING:
GOOdwift, Ina.
Sullivan Long & Hagerty
Paul M . Howard Co.
A.M.A. & Harold R. Squires
3oe Reinertson Equipment Co.
$' COCONUT_ GROVE_ ZONING STUDY PERSONAL APPEARANCE OF LARGE
BEFIATANFOEM PRAIng ISSUED IN AREA OF PLANNING
STUDY .UNTIL JULY .26, 1974
Mr. Ted Tschumy : Mayor Ferre, Commissioners,
and ladies and gentlemen, my name is Ted Tschumy ,
I live at 3610 Bay View Road in Coconut Grove, I am
President of the Coconut Grove Civic Club. I am speaking
today on behalf of the following organizations ---the
Bay Heights Assoc., Bayshore Homeowners Association,
Black Grove Association, Central Grove Association,
Coconut Grove Association, Coconut Grove Cares, Coconut
Grove Citizens League, Coconut Grove Civic Club, Coconut
Grove N.D.P. Project Area Committee, The Dade Heritage
Trust and the Tigertail Association.
Mayor Ferre: Just for the record, --because we have
had problems with these types of things in the past, it
is important, I am sure you don't have it now, but get
all these organizations, to write a letter, would you
submit them to the Clerk so we don't have any questions
about it in the future,
Mr. Tschumy: Certainly, we are unified, these eleven
organizations represent thousands of Coconut Grove residents.
We appreciate the opportunity to appear here today. we know
you are very busy, we will be as brief as possible.
As you know, the City Planning Department has recently
completed a planning study for Coconut Grove. This study
was approved with several amendments by the Planning
Advisory Board on June 5th. We approve of this study
in principle, and are anxious for you early review of it.
Moreover, and most important, we want to make sure that
the study will have a chance to be. implemented in its
entirety. If you review the study on 19 September, as it
is presently scheduled, and adopt it, the zoning provisions
it contains cannot become effective until December at the
earliest. A dflay of this length can easily permit development
which will frustrate the objectives of the study and damage
its overall integrity. To preclude this probability it is
absolutely essential that a Coconut -Grove -wide building
limitation be effected immediately, such that no building
contrary to the study's recommendation will be permitted
prior to the study's final implementation or rejection.
There is legal precedent for this type of action. I wish
to emphasize that this will not stop building in the
Grove, nor is it intended to do so. It will affect only
that building which does not comply with the study's recom-
mendation. This building limitation cannot be provided by
the village center interim zoning districts now in effect.
Because it comprises in fact only one percent of the total
area encompassed by the study.
In conclusion, we urgently hope that the Commission
will act now, today, to establish a building limitation
that will give the study the protection it desperately
28 JUL 11 '74
• •
needs prior to its review and implementation.
Thank you very much.
Mayor Ferret Is there anybody else who wants to
be heard on this item? Would you raise you hands, those
who wish to speak,ope, two, three, four,
I would be grateful, because we do have other items on
the agenda. ----is three minutes reasonable, does anybody
want to speak more than three minutes? Does anybody need
to speak morethan three minutes? We will start with you
Mr. Rice and go right down this way.
Mr. Jack Rice: Mr. Mayor, Vice -Mayor and members
of the Commission, Mrs. Gordon, ---I am speaking in behalf
of many of the property owners on Bayshore Drive and
others along 27th Avenue. I had written a letter to the
Commission sometime ago ,when I left on vacation in -late
June. At that time I requested a continuation in order
that this change of zoning would, ----we would have time
to have further study. Upon returning from vacation,,
day before yesterday, I found that again today we have
this matter coming before the Commisson. Unfortnately,
after you had granted the postponement until September,
many of the people have left the area, relieved to find
that they have time to prepare for the hearing in September.
Now they are asking without any warning, without any pre-
paration for these people that are depending on the prior
action of the Commission that this matter be brought up
in July. Secondly, my clients have no desire to do anything
that would injure Coconut Grove. They spent a great deal of
money investing in the area. Their plans are to improve the
Grove and make it a better place to live. They have rushed
forward with the sewage system, which required a substantial
amount of money to support the sewage program in the Grove,
they supported the highway system in the Grove and all these
other improvements but to now require that a moratorium or
a change in the status -quo until September be imposed upon
them would be a great hardship. I regret to say 1 arrived
here a little late, but I understand further they want a
moratorium based on the entire Coconut Grove area, even
encompassing more of the Grove than was originally iatendt,d
in the first moratorium, and I say this is a great har?s::ip
on my clients, it affects their financing. My people right
now don't plan to build anything but they may. I assure you
this, with the stringent conditions presently imposed under
the zoning law, that a building we build in the Grove, if
it is to be built, and by the way, we didn't rush down here
to get any permits, as far as I know we don't intend to come
down and get any permits, so I am saying to both you and
the people in the Grove, don't be concerned because the
people that have invested money here aren't going to do
anything that is not going to be advantageous to the Grove
area.
Mr. Plummer: Mr. Mayor let me ask this question if
I may. to all of you, as I understand. if I am not
mistaken, the concern of the people of the Grove, that
are behind the plan, is that a rash or even one amlication
will come in for new construction. Is there any one of
the opponents' who would have any objection to the interim
over -lay extending entirely of the Grove, for one day beyond
the conclusion of the study of this Commission,- ---Jimmie
are you in objection to that?
29
JUL r
Mr.Plummer: What I atn saying is this, assuming
that this thing cannot be heard until Septe:ber 19,
which is the scheduled day► it would then be implemented
30 days thereafter if it was approved at that Commission
meeting, which would be October 19. Is there anyone who
would have any objection or contemplates building before
the 20th day of October? I am trying to cut this short
if possible, Jim. Their concern is that if a new building
or a rash of building permits, if there are no permits
forthcoming what is the harm of putting it that way and
let's just set it that way?
Unidentified person: I am not a liberty to disclose
that there are plans afoot, wherein planning procedures
right now involving thousands of dollars in fees and etc.
for projects, and it has been customary for this Commission
to grant a period after a wide range ordinance so this
is passed, to grant those people to proceed, rather than
to have to suffer the damages of starting over. You have
done it previously when you made sweeping zoning changes
restricting development.
Mayor Ferre: That is exactly the problem. Don't you
see that that is exactly what this City is trying to
a void doing, because if there were no problems, Jim,
then we would not have gone through all this complicated
process of re -zoning and if we have gone through rezoning
and it is coming to a head now. for someone to take a permit
out based on the old zoning, is completely contrary to the
intention of this Community,
Unidentified person; I am not trying to object to the
planning study. The department is to be complimented , this
is probably the finest document the department has ever
put out. I am not totally in agreement with it because we
trying now to work with that document in some of our planning
studies, but I am saying to place any kind of moratorium on
construction or to say I have 4 weeks at a time when each of
you gentlemen know, and because people are going as fast as
they can, construction is going up l% a month, we are trying
to get these things started as fast as possible,
Mayor Ferre: Excuse me Jim, why don't you design
your new building whatever it is going to be, in conformance
with what the new zoning is going to be. ----
Mr. James Dean: We are absolutely trying to, ----
in this ordinance, if we accept the remarks of my colleague
you would call for an environmental design review board.
I have properties that are in those environmental design
review board districts. You don't even have that board
yet, and yet you are telling me I can build if I perform
according to this ordinance, and the ordinance isn't complete
yet. So there is a lot of things in here, this is vea, compre-
hensive, and I hate to see,
say?
Mr. Plummer: Mr. Mayor, do you see what I am trying to
Mayor Ferre: Yes, I see,
M'. Plummer: Jim, would you or any of the other people
have any objections to an interim zoning declared area until,
an
JUL 1.1 i 74
one day after the study has been approved, and finalized
by this Cofmniaaion.
Mr. Jamea Deem: At this moment I could not get a
building permit ur,.less I complied with this,
Mr. Plummer: No, I didn't say that, I said right
now that is an interim zoning area in effect, okay?
Mr. Dean: The properties I have are outside of
that, and you are extending this beyond that limitation,
and it is in an area where you are calling for an environmental
design review board and that board has not been established
yet, so I can't comply with what he is asking me to.
Mayor Ferre: Here is the problem, if we could do it,
by extending the interim as it exists, that would be terrific
but the problem is, the interim zoning does not cover the
whole area, so we can do it. what do we do for the area
that isn't covered, see, and that is where we get into
a dilemma. As I see it, we have one of two choices: ---
we have three choices, we can have a hearing immediately,
that means in July, and just face this issue and get it
over with, ---we can do nothing and hear it September 19t1-
which in my opinion would create or might create, problems
that would reflect, --I think that might be responsible on
our part, because the intent of what we are trying to do
will be circumvented. and thirdly, if there is a legal way,
to find a legal vehicle, that would address itself strictly
to this problem, that would be legal, and would not be
knocked out in court, as being unconstitutional, and con-
fiscation without due process and all that stuff that goes
on, and that is where the difficult trick is, you follow me,
because you talking about a very thin line, and those of
you that are attorneys know how thin it is. Can you become
a magician Mr. Attorney.
Mr. Lloyd: It requires a bit of magicianship.
Mayor Ferre: Reasonable magicianship, it has to be
within the law.
Mr. Lloyd: My suggestion would be to have a public
hearing by the Commission within a reasonably short time
after an advertisement, and then adopt in principle this
comprehensive zoning plan only for Coconut Grove. And if
then at that time, the Commission, in its wisdom decided to
do so, and either recommendT--this is a possibility, --a reso-
lution could be passed by the Commission, which would require
for building permits, if this is the manner which you wish
to proceed, require for building permits, in the period between
the time when the plan is formally adopted to comply with the
provisions of the new comprehensive master plan for Coconut
Grove, now I can tell you this, there is a possibility in
this area of legal action against it, of course that is
always a possibility. There is a case which says there
can be an equitable estoppel under certain circumstances.
What that is depends upon the circumstances.
Mayor Ferre: It is a complicated procedure.
Mr. Plummer : Well I am also questioning Mr. Mayor
the people who, by action of this Commission in the last
31
• J U L . Li 4
meeting setting the date for September, quite possibly
have gone out of town thinking it would be in September,
Mayor Ferre: That's the horns of the dilemma. but
I think the important thing we have, you consider, as I
see it, ----you can't please everybody, and I think we have
to live with the intent of what we are trying to do here.
and therefore it is my personal opinion that we have to do
whatever is necessary to achieve the following end. and that
' is, protect the Grove area, from further intrusion into its
character, by using a vehicle we know is obsolete, and that
will be modified, I am not saying to what extent or how much
because we don't know, that takes a public haring, but we
all know something is going to come out of it. Some modification
is going to come out of that, and would seem criminal we would
leave ourselves open for an invasion, if you will, even though
legal, and people would have a legal right, but would cir-
cumvent the intent and this is what I am trying, --if we can
find a legal vehicle in which we can protect the intent, ---
Mr. Dean: Mr. Mayor, you just said it, we don't know
if we are going to accept all of this ordinance or not, so
it is not fair to make a judgement of whether the drawings
that come before you are correct or incorrect.
Mayor Ferre: I am not making that judgement, but I am
making this judgement, that I think every body's intention
to see some changes on what obviously is an obsolete instru-
ment.
Mr. Dean: I agree with that.
Mayor Ferre: Whether or not it will be verbatim.
word for word, comma for comma, what that states, I can't
predict.
Mr. Dean: Some cases, doesn't go far enough.
Mayor Ferre: Nobody can, I guarantee you it is
going to be a 10 hour session. Maybe two 10 hour sessions,
but the point I am trying to make is, that what we want
to achieve here, what we want to avoid, is someone cir-
cumventing the intent of what we are trying to do, because
of this hiatus in time.
Mr. Plummer: Mr. Mayor, is it possible we could
hold two public hearings, have one next week, or on
the 25th and then have another one on the 19th?
Let me ask one other question, Mr. Lloyd, if we
were to put an interim zoning as we did into an area
of the Grove, is that an interim zoning? What is the
terminology?
Mr. Lloyd: Yes the interim zoning is the terminology
but of course that would have to go first to the Planning
Advisory Board, and, ----
Mr. Plummer: Here is what I have in the back of my
mind, an interim zoning does not preclude construction,
is that correct? It only makes it that if they want to
construction something, they must come here with a public
hearing.
32
Mr. Lloyd: This is true.
Mr. Plutmaer:So we are not in fact putting a moratorium
of nb conatructiorn. We are just eaying each application, this
coeMission must approve in the area designated. Is that
correct?
Mr. Lloyd: This is true.
Mayor Ferre: That Rounds reasonable. Nobody can §et
a building permit without coming to this Commission first?
Mr. Plumper: In an interim zoning, is that correct?
Mrs. Gordon: Will you explain the time element between
now and the time it would come to the commission.
Mr. Acton: The interim zoning district is drafted
so that if the particular applicant for a project meets
the criteria of that ordinance, he can go and get a permit
without going through any public hearings.
Mr. Plummer: Okay, let's leave that alone and create
a new vehicle. Is there any kind of a vehicle that this
Commission can approve that all permits have to come before
this Commission for approval, in the area designated. In
o ther words. we are not saying yes or no, we are saying
if a person wants to build in that time it must be before
this Commission with a public hearing. Is there such a way
of accomplishing that?
Mr. Andrews: I would think if the Commission chose
to do that, that that would be a vehicle, but places
a severe burden on the Commission because of the number
of applicants.
Mayor Ferre: Could we say anything over 50 thousand
dollars. The reason is, I think people's main concern
are large buildings, and you put $50,000. and I am sure
that would be a house or something smaller.
Mr. Plummer: Let me determine one thing, Mr. Attorney,
what they are asking for today, correct me if I am wrong,
and you are going to be the bad guy, there is no way we
can pass what they are asking today, and I am basing that
on the fact there has not been a public hearing . It that
correct?
Mr. Lloyd: In essence, yes, the way you want to do
it, there is no way you can pass what you are attempting
to today.
Mr. Plummer: Section B of 10, tell me exactly what
that does.
Mr. Lloyd: That is withdrawn for two reasons. In
the first place by extending the interim zoning district
as it is will not accomplish what you seek to accomplish.
Secondly, before you do that, you have to go before the
Planning Adv. Board, and it hasn't been done so you couldn't
pace it anyway.
Ni. Plummer: That is the first part of my question.
The second part of my question was, „---
33
JUL'
ss
Mr. Lloyd: No notice has been sent to the property
otoners.
Mr. Plummer: We can extend what is presently there
can't we?
Mr. Lloyd: Not today, you have to advertise and
go before the Planning Advisory Board.
Mr. Plummer: To extend it?
Mr. Lloyd: You can't do it without advertising.
Mr. Simpson: Actually the advertisement is not
called for under the ordinance at the Commission level,
but all previous extensions of interim zoning districts
there have been 10 day notices of the public hearing to
the general public. We were not aware of this item on
the agenda until the agenda was printed so there have
been no notices on 10B sent out to the affected property
owners in the Central Grove area.
Mr. Plummer: When does the present time limit
run out?
Mr. Simpson: August, sometime.
Mr. Plummer: We can easily do it at the next meeting.
Mr. Simpson: The City Attorney contacted my office
and he made the determination that 10B would have to be
withdrawn from this agenda but we are ready to move on
it for the meeting of the 25th.
Mr. Plummer: I had a lot of phone calls, what is
the day that the present interim zoning expires. What
day?
Mr. Acton: In August, ---
Mr. Plummer: I want a definite date.
Mr. Acton: The 22nd of August.
Mr. Plummer: The 22nd day of August, 1974 the present
interim zoning terminates. Are we talking about that on the
25th through proper procedure we can renew that for a given
period of time, is the time stipulated? I don't want 6 months,
I want one day beyond the final hearing and implementation
of this Commission, if it is 7 months, then let it be, if
it is two months let it be. Is that possible ?
Mr. Simpson: I made a rough draft of the ad that would
go out tomorrow if in fact this is scheduled for the 25th.
I left the time open, recognizing that the Commission would
only want to extend it to such a date after they have completed.
Mr. Plummer: ---the day after, ---
Mr. Simpson: --the day after they complete it,or the
Coconut Grove ordinances are in effect.
Mr. Plummer; Let me ask one other question. because I
think this is going to have a big bearing, from what I have
read, about when this was heard at the Zoning Board and the
34 JUL 11.1974
Planning Board level, I don't think we are going to
complete this study in one day.
Mr. Simpson: ---one night,
Mr. Plummer: ----well, even one night► here again
that is one of the reasons I come back to addressing
myself to a specified extension of time, and I would
much prefer it be written in a manner that we have one
day beyond completion and implementation of this thing,
because I don't foresee, ----I think they had some 200
people down here to speak on the first meeting, so you
are talking about a good three or four days of hearings
before this Commission, plus the fact we are going into
budget at that time.
Mrs. Gordon: Mr. Acton is standing at the mike,
do you want to say something?
Mr. Acton: Yes, I want to point out to the Commission
that the interim zoning district only encompasses the
Central business area of Coconut Grove.
Mr. Plummer: We know that.
Mr. Acton: I want to make that clear so that you
will be extending controls for the central area. Now
the Planning Adv. Board made recommendations on the adoption
of the planning study for Coconut Grove and also for the
controls for the central business area of Coconut Grove.
They have not yet acted on all the other recommendations
that are included in the Grove study. We have had a series
of changes both to existing district regulations as they
apply along 27th avenue and Dixie Highway, Douglas, the
Bayfront, plus an over -lay district that will extend down
27th Avenue along Bayshore Drive, so what I am saying is
these controls will be acted upon by the Planning Advisory
Board in September. It will not come to the Commission
as a total package until the later part of either September
or the beginning of October. I want you to realize that the
controls that were recommended in the study are extremely
complex, and the Commission couldn't possibly I don't think
encompass the entire recommendations that are made by the
Department or the Planning Advisory Board in one meeting.
Mr..Plummer: George, this is your baby. You know
what you are trying to accomplish for the good, not for
one side or the other side, you know what the legal rami-
fications are. Now you tell me what this Commission can do
to be fair to everyone concerned.
Mr. Acton: I had recommended to the Commission
quite some time ago that in the event that the either
Planning Adv. Board or the Commission that is holding
public hearings on an area -wide zoning study, that the
City should pass an ordinance that would allow the Commission
to prohibit the issuance of building permits during that
period of time. Just when the public hearings commence, ----
Mr. Plummer: ----you are speaking of a moratorium, ---
Mr. Acton: I am speaking of a moratorium that probably
would extend no more than two months, ordinarily, shouldn't
35
JUL 111974
take More than two months from the time of the Planning
Advisory Board begins public hearings,----.
Mr Bluer: George that doesn't stop, and I am
shooting holes in it, that does not stop the, immediately
tomorrow filing of applications, in the area outside.
Mr. Acton: The ordinance I am speaking of would
apply to the entire area.
Mr. Plummer: You said starting with the public
hearings, if we schedule the hearings for the 25th of July,
that is two weeks you could have the rash of applications,
correct?
Mr. Acton: This ordinance would apply, area -wide,
commencing at the time that the Planning Advisory Board
starts their public hearings. In other words the Planning
Advisory Board has already started to commence their
public hearings on the Plannirq Study for Coconut Grove.
Mayor Ferre: I think here is the way we are going
to have to move. Following on this recommendation, on
the ordinance you and I have been working on, I think
the way to do this, is that once the planning department
has proposed, and the Planning and Adv. Board has accepted
and passed, until the City of Miami Commission finally
acts on that, that in that period in between, not to the
extent Acton is talking about, because he is talking
about when public hearings begin, ---sometimes we have
public hearings that go on for a year, ----once the
Planning Department recommends, and once the Planning
and Advisory Board accepts, between that period and
the period that the public hearing is held, that we
will not have any building permits issued that would
in any way violate the proposal as passed by the
Planning Board. That is what you have been researching
and that is a legal instrument that we can pass.
Mrs. Gordon: When would that begin?
Mayor Ferre: The moment the Planning Board votes,
and says, we approve this, at that point between that
point and the final public hearing there could not be
a building permit issued that would in any way violate
what the Planning Board has passed.
Mrs. Gordon: Somebody answer when the point of
beginning is.
Mayor Ferre: As far as this case is concerned?
Mr. Lloyd: June 5th,
Mrs. Gordon: Okay, it would take effect immediately.
Mayor Ferre: Then it is
its public hearing, and then
two months, six months, that
can get a building permit in
Board and the Planning Dept.
finish with the public,
up the Commission to have
if we want to take month,
is our problem, but nobody
that area once the Planning
has approved it, until we
Mrs. Gordon; I think what we are doing is very
precedent setting because we must consider this again
36
JUL
for downtown where we are going to have another study and
the whole dity is going to be divided, and studied in the
same manner, ---I am not speaking against it.
Mayor Ferre: I realize it will setback construction.
probably a great deal, and there will be a lot of concern, but
it has to be done. I think we have no choice but to move in
this direction.
Mrs. Gordon: I am not being negative, I am saying
to you that what we are doing, we realize what we do. and
we are doing it with the knowledge in mind, the City is
undergoing almost a four -hundred -thousand dollar comprehensive
study for the entire City and it is going to be done in segments.
We have downtown completed and we will be hearing it in September
and we might need to consider the same things to take place
there.
Mayor Ferre: Obviously and I recognize when I
recommended this to John Lloyd yesterday and the day before
and with Paul Andrews, we have been discussing this, that this
is going to affect, since we are going to set a precedent, this
might affect other area other than Coconut Grove including
the downtown. I am well aware of that, and what it means is,
once we have studies an area, and the department which means
the administration recommends a plan, and once the planning
authority accepts it, that we cannot go against that plan
until we've had the public hearing and the final vote of this
commission. Beyond that of course. whatever we decide is what
will be the law.
Mr. Dean: This in effect would be a moratorium
on the entire,
Mayor Ferre: I think there is no other way to
look at it, Jim, other than it is a form of a moratorium.
As you know, I am personally against moratoriums, because
I think they don't accomplish anything in a community► like
the City of Miami, but this does, this is a much more intelligent
approach than a moratorium. It is a more intelligent approach
than a moratorium because it entails the planning process, a
document which is studied and the approval of a board which
is the Planning Board, so, ----
Mr. Dean: You are saying this has already been done.
Mayor Ferre: No I am not saying that, I am saying
the department recommends that, obviously, because that is
their document and there is a board which we have appointed
which recommends it, and until we see it, and we are going
to follow that until, during that period of time, so it is
sort of a moratorium.
fair.
Mr. Dean: It is a moratorium, and I think that is un-
Mayor Ferre: It isn't really a moratorium.
Mr. Dean: I cannot get a building permit for
anything within this area.
Mayor Ferre: You can get a building permit if
you conform to what that says.
37
JUL 11. • s7
Mr. Dean: I cannot perform according to that sir,
there is aft environmental review board set up in here which
you haven't even established yet. 1 cannot, you are not giving
me the privilege of doing that.
Mr. Plummer: Let me bring up a point that 1 think
Mr. Ferencik has just made. Dean, listen to this if you will.
please, Mr. Mayor I am questioning after talking with Mr.
Ferencik, that this Commission has got to do anything, and
based on this, that there is no way that anyone can take
out a building permit today in the area unless they have
already got approval from the pollution Board prior to
March 5 for a sewer hook-up. That includes an R-1 according
to Mr. Ferencik, that no one can get a building permit. There
are no hook-ups allowed, so what are we worried about, or do
you have yours before March 5th. I shouldn't ask that. Mr.
Ferencik address yourself to that what you just told me on
the record if you will.
Mr. Ferencik: There is an order from the Pollution
Control Board officer of Metropolitan Dade County which pro-
hibits the issuance of a building permit unless and until
they have approval from that Department. In general this
department has not approved any hook-up to the sanitary sewer
system where the applicant did not have prior approval to
March 30 and this would include anything down to a single
family residence. They will permit on single family residential
duplex situation, they will permit a septic tank in on a temporary
basis, but a major structure that didn't have its pollution
control approved, or the discharge of sewage approved prior
to the 30th of March, at this present moment can't get such
an approval. This could be lifted, but right now, they can't.
Mr. Plummer: Let me understand one other thing;
George, R-1 and R-2 are not included in this study, is that
correct?
Mr. Acton: No; it is included but my recommendation
was that any, I think the Mayor has already said it, there
are many areas in Coconut Grove that are zoned R-1 that we
recommend no change. So there is no reason for any particular
applicant that wants to build in an R-1 district, to be prohibited
from doing so, but the Mayor has already said that in his state-
ment, in that permits would be issued if it is in accordance
with recommendations of the Planning Study.
Mr. Dean: Mr. Acton doesn't know his planning study.
If you will turn to your environmental control area, there's
11 acres of land adjacent to the Everglades School which is
zoned R-1 which is an environmental preservation district.
That is an R-1 district, and I can't get a permit in there
until get approval of the environmental review board, and
you don't have a board, and that is an R-1 district.
Mr. Acton: That is not true, no. 1 the Commission
has not acted on setting up any particular environmental
preservation districts in the City of Miami. They have deferred
until the next meeting the adoption on second reading of the
environmental preservation ordinance. We have not set any environ-
mental districts within the City of Miami, and I don't know
whether or not your particular property would be recommended
for environmental preservation district. I understand, I know
what you are saying. What I am saying the Commission has not
JUL� . . , �-f
38 _ I 4
oh that.
Mayor Ferre: Well, you still haven't answered the
question, and it's an important question, and I think Mr.
Lloyd has to answer it too, and that is, if we try to use
the vehicle which I am recommending, then how do you answer
the proviso that you have to go before an environmental board
when such a board doesn't exist. So in effect we really can't
tie any permits to that unless we waive that provision temporarily.
Mr. Lloyd: That provision will have to be waived,
if that provision is the way it is described, will either have
to be waived or you can't tie anybody to it. It cannot apply,
and of course any ordinance would be, ----would have to be
based on a situation of non -applicability of that provision
Mr. Dean: Can I get a clarification? How much of
this report has been accepted by the Planning Dept.?
Mr. Acton: The entire report was acted upon by the
Planning Advisory Board.
Mr. Dean: And approved?
Mr. Acton: Pardon?
Mr. Dean: And approved?
Mr. Acton: And approved with a certain modifications.
Correct.
Mr. Dean: --and included the environmental preservation
district, which is a part of this report, as recommended on the
drawing, and that affects R-1 property.
I am not trying to be a magician, and we are trying
to really work within the best interests, ----
Mayor Ferre:Commissioner Plummer has pointed something
out that I think needs final comment or clarification and that
is, that in effect, the pollution board has control of this
because of the hook-up moratorium.
Mr. Andrews: To assist the Commission that area,
you will recall that Garrett Sloan indicated that the modifications
to the plant would be completed in July or August, and I under-
stand the date is September or October, but he is going to be
appearing before the pollution control board with letter of
intent that this will be accomplished by October.
Mayor Ferre: So what you are saying is. that in
effect, nobody really is able to get a permit anyway, so
what are we concerned about.
Mr. Ferencik: This is the case as of this moment.
This moratorium on sewer hook-ups can be lifted, I would not
anticipate it is going to be lifted
Mr..Plummer: Mr. Mayor can we do this, so we can
stay legal, we can still stay within, and have all the answers,
can we place a moratorium for two weeks, until the next meeting
of this Commission at which time we would hold a public hearing
and have all the answers, you can get in touch with Garrett Sloan,
39
JUL 1 V-7
and he can get in touch with the pollution Board, end hopefully
eoMebody can come back here in two weeks and we can eay,okay
we've got a public hearing, we are legal. and let's :make the
determination today.. We are running around here with a lot
of unanswered questions that are affecting people both ways
and I would like if it is in order Mr. Mayor to offer a
motion now, that a moratorium on building permits be put in
for two weeks until the meeting of the 25th of July at which
time a public hearing will be held before this Commission for
further action.
Mayor Ferre: It is a moratorium.
Mrs. Gordon: Will you repeat what you said? I am
sorry. -- -
Mr. Plummer: Rose, basically for two weeks until
the 25th meeting at which time we will hold a public hearing,
everybody will come back here with the answers that we asking
today that we don't have definite on, and this Commission at
a public hearing on the 25th of July will make determination
if any further action is necessary or it is not, and we will
make a decision on that day.
Mr. Dean: You are saying a moratorium on building
permits?
Mr. Plummer: ---on permits, right,----
Mayor Ferre: There is a motion, is there a second?
Mrs. Gordon: In what area Mr. Plummer?
Mr. Plummer: Well, the area that I thought we were
talking about.
Mrs. Gordon: I wanted you to include in that the
downtown area too, because I believe it fits the same bill.
We are going to be hearing on that in September also, the
downtown study, the two areas ready for public hearing,
Mr. Plummer: I have no objections, because I see
nothing wrong with a two week delay, Give Bob Ferencik a rest,
Mr. Mayor I'll include the downtown area, I don't see anything
wrong with that, and ----
Mr. Acton: Mr. Mayor and members of the Commission
I want to point out, -------
Mayor Ferre:----you see where we are' heading, Paul, --
Mr. Andrews: I am pointing out that the downtown
area should not be included at this time because the public
hearing processes as far as downtown is concerned, they
are not under way yet.
Mayor Ferre: obviously everybody is going to say
Ferre is talking because he has an interest in downtown. For
the record, right on this instrument, I have no building
plans. no permits, and will not have anything this year, so
Ferre is not affected directly. Once I've said that on the record,
40
let me now state, that I do not think that it is wise to
precipitously blanket situations which we do not understand
the full impact of. Let me say the downtown study is very.
very, coMplicated, involved, technical study. We have spent
over a year, and many thousands of dollars studying it. We
are now in the process of going through committees who are
studying it, we are now in the process of going to planning
Department and planning Board. For us to put a one day or
two week moratorium is in effect telling our planning Board
and Committees we have set up, that we have no confidence
in the work they are doing. We are nowhere near the process
of the Planning Board approving it, now this Coconut Grove
situation is a different matter, because the department has
approved it, and the Planning Board has passed it. It is
separate, different, it is much further down the road and
I think it is a separate item altogether. and I am not in
favor,----unilaterially, arbitrarily, in snap judgement. 30
seconds, tie downtown for two weeks. It doesn't mean anything,
and I think the precedent is bad and shows we move in zig-zag
movements rather than with concern, and deliberation, which
is what we must do.
Mr. Plummer: I'll concur with the Mayor 's statement,
and reiterate my motion, ---Mr. Ferencik did ask me to include
in the motion and E think it is good judgement that these
permits only be on new construction, so we dan't deny the
man the right to fix his roof if it's leaking, and he
has to get a permit in this area, so I will include new
construction for a period of two weeks at which time a
public hearing will be held on the Coconut Grove area on
July 25, a public hearing.
Mrs. Gordon: Second,
Mayor Ferre: There is a motion and a second.
Mr. Plummer: The public hearing will only be
whether additional areas are to be included or not included.
We are not going to hear the zoning study then, we will
hear whether or not to increase it, we will have the answers
from the Pollution Control, and other types of things.
Mayor Ferre: Any questions by the Commission?
Mrs. Gordon: This is simply to bring us answers
so we can make determination based on fact.
Mr. Plummer: More importantly to me Rose, is we
have a public hearing so advertised which this Commission
has always done.
Mayor Ferre: Let me see if I can sum this up,
unfortunately this is not a public hearing because it was
not properly advertised, number one, ----number two, we have
a zoning study that has been made which has great impact, it
is important, it has been done with a lot of deliberation and
thought. It has been done by the department, we have had hearings.
and the Planning Board has approved it. Now. the problem is, what
do we do between now and the time the City Commission on September
19th, has final hearings to approve it, and what do we do to
insure that nobody violated the intent of what we are trying to
do, so what we are going to do, what we are voting on now, we
are going to put a two week moratorium on construction in this
41
JUL1117';
{
area outlined in this report in the Grove, and we will
advertise for a public hearing, new construction,
at the public hearing we will not study this report. That
Will be a 10 or 20 hour discussion before these C'hanrbers
in geptennber. Whet we will do is, we will get all of the
information that has been floating around but has not been
specified and we might find one of several avenues to take.
One Might be the sewer hook-up, another might be the proposal
I was making this morning, and there might be other that
come up I am sure. We all understand what happened this morning?
What we are going to do?
Rev. Gibson: Mr. Mayor I hope you put in the record
new construction.
Mayor Ferre: Any further discussion on this?
Mrs. Gordon: I saw some hands out there, ----
Mayor Ferre: Yes, your name and address,
Mr. Les Hummell: I am Les Hummell, I live in
Coconut Grove and I own a business there. With all due
respect to the delaying this thing two weeks, there are
a lot of people have come here and gone to a lot of trouble
to be here that do have businesses. and homes and interests
in the Grove, it is an inconvenience fcr them to be here,
and they have something to say. The last 3 minute speech
lasted 58 minutes, Mrh Dean did not talk all that time, but
maybe we could have maybe 15 minutes for several other people
to say something. A point I would like to make, as far as
a business in Coconut Grove and I am not speaking for the
Chamber, but only for myself, is, the merchants in Coconut
Grove are not experiencing the thrill that has happened to
the rest of Dade County according to a recent Miami New
headline, which says 'Dade in Full Recession', well Coconut
Grove is doing great, and we don't want anything sudden done
that is going to rock the boat, Coconut Grove is doing fine.
Now, there is an established rate of growth in
Coconut Grove, it is a shopping mecca not only for people that
live around Coconut Grove but people all over the County, as
a check on MasterCharges we get from all over the County including
Miami Beach which 5 minutes from Coconut Grove now by using the
expressway, is evidence. All I want to say at this particular
point is, and I would like to see some of the other people have
their three minutes, is that it is a unique place, we would like
to see it stay unique, but let's not throw any large bombs that
will shake up Coconut Grove, because Coconut Grove is cooking
along just fine.
Thank you.
Mr. Ken Triester: Mr. Mayor and Commissioners. I am
Kenneth Triester, and I do rerresent the Coconut Grove Chamber
of Commerce who met yesterday and discussed this, and I would
like to bring a couple of points to your attention, one is. the
Chamber of Commerce is in favor of the concepts of the Master
Plan, and also to the revised ordinance for the C-2a district,
but I would like to bring to your attention there are two separate
items, one is an ordinance for a new district called C-2A and then
a separate item which is a Master Plan. The Master Plan encompasses
the C-2A ordinance, but it is a separate item and I think that in
42
JUL 111974
deliberations in the future, those should be handled separately
because both are very complex, and I think that one public hearing
to deal with a very complicated C-2A ordinance and a very coin-
prehensive and complicated Master Plan would probably confuse
and not clarify the issue, and secondly I would like to bring
to your attention the fact that the Chamber of commerce and
other civic groups in Coconut Grove have been continuously
working with the Planning Department on modifying and clarifying
these ordinances, and to -date those meetings have been very
fruitful and the Coconut Grove Chamber of Commerce has met
in the last few months with the Planning Department and I
understand the Planning Department has subsequently got in
touch with many of the civic organizations and effected some
major changes in the plan. Those that happened since the
Planning Adv. Board meeting,as an example, the original plan
called for one-way streets in the downtown Village Center
and through a detail study by the Planning Dept. they are
now as I understand it going to recommend a two-way system
which incorporates the bicycle path, the beautification but
allows freer of transportation. I don't want to discuss this
but I want to bring to your attention that there is many
modifications which are now being discussed which I think
are going to help make it a better plan, and we want that
to proceed as quickly possible but that does have to take
its course. As far as the Chamber is concerned, 2 think most
of the items have been resolved, but there are still two or
three items which are being discussed w:nth the Planning Department.
Thank you.
Mayor Ferre: Anybody else.
Mr. Wayne Alien: Mr. Mayor and members of theCommission,
my name is Wayne Allen, I am an attorney and I'm president of
the Tigertail Association, I live at 2222 SW 27th Terrace A.
First of all I want to thank the Commission for taking
the time this morning to consider this matter and I would just
like to take the time now to stress what we feel is really
the important feature of this whole discussion which the
Mayor mentioned earlier, and which we should not over look.
and that is we are basically talking about good government.
and good planning. When the Planning Dept. has gone to all the
work and trouble, had the active participation of the whole
community in developing a planning study such as they have
done for the Coconut Grove, we must take some sort of action
and I don't think it should be limited to Coconut Grove, ---I
think it should be a city-wide ordinance which would prohibit
somebody developing an Oklahoma gold rush situation. and running
in here with permits and plans prior to the City having the
opportunity to take action upon that planning study. That is
what we are requesting and I think the City Commission has
recognized it.and we appreciate it.
Mayor Ferre: Mr. Allen, I, as you mentioned, did
make that statement, and I was the one who along with the
City Attorney thought of this solution. so that expresses
my position. But on the other side let me also say there
are many in this community and in other parts of the country
that feel that elected officials should be abolished, and
that we ought to have things done by professionals. Now is
a very nice thought once in a while, but you know this country
has run for 200 years based on the very simple premise that
43 JUL 111974
•
decisions are made by people who are periodically selected
and elected amongst those who offer themselves for public
office to make these de+cisions. That is the difference,
the distinction between a Republican and a Democratic.
I don't mean to start a lecture here, the point is that
is the way this system works, and I for one feel strongly
that the final decision on anything that affects the population
of any governmental body must be in the hands of those that
have been selected and elected by the people to make those
d ecisions. I am in no way degrading or belittling the importance
of the inpact of professional groups, be they environmentalists,
architects, professionals of any kind or citizens groups, but
under our system, the final decision has got to be made by an
elected body. I think we have to be very careful as we modify
these situations, that we don't tamper with the system to the
point we substitute the judgement of professional teams over
the judgement of the people that are elected. I know it is
a controversial subject and there is a lot of cynicism about
it, but in the defense of our system it is important,I think,
it is important that we continue to reiterate that.
Mr. Allen: Mr. Mayor I don't think there is any
question certainly from my group that ye feel the proper
function of the Planning Department is to function as an
expert to advise the Commission. We have never asked the
Commission to carte -blanche take a recommendation. I think
what we are concerned with, is that we pay good money for
this type of expertise then we permit a situation to exist
where the expertise really has no results because too much
harm can be done before the City has chance to act upon it.
That is what we are concerned with.
Mayor Ferre: Let me give you an example. Do you
remember the Doxiadis Plan?
Mr. Allen: Yes.
Mayor Ferre: That was the best set of professionals
that the world has ever seen. Those people are so fantastic
that they've got floors and floors of I.B.M. computers and
have hundreds and hundreds of architects from all over the
world, they have offices, ----they did the planning for Detroit,
and Miami, ----do you remember the Doxiadis Report? They were
going to put a tunnel all over Biscayne Blvd and a curtain
of buildings along one side of Miami, and down the other, and
those were supposedly the best planners in the world.
I rest my case.
Mrs. Gordon: May I ask you a question Mr. Andrews?
Because we are on the subject of good planning, --have the
committees been meeting on the downtown study?
Mr. Andrews: Yes, but I can't tell you to what
extent they have been meeting. I know they have been meeting.
Mrs. Gordon: Who is in charge of that?
Mr. Acton: I can't answer the question Mr. Mayor
at this point. We are scheduling meetings with the entire
sub -committees to review all the documentations the department
has put together for the preparation of the downtown study.
Mrs. Gordon; You have done that, or have not?
Mr. Acton: We are first sending letters out to the
committees.
G 44 JUL 1.1197
Mayor Ferre: I met with 7 ofthe 8 co-chairmen, and
I think you were there, Plummer, and we were waiting for the 8th
one to accept and that was Alva Chapman, if I remember, and
now its coMplete and Mr. ActOn will you let member3of the cormissiol
know when they do plan to meet so anyone who wants to go can be
present?
Mrs. Gordon: Could iie consider or ask you to give
us an indication of how long the period of time it will take
these committees to come to you with a recommendation so that
the Planning Board can proceed. Apparently the Planning Board
is ready to move ahead and have had several work shoes and
are ready to make a recommendation subject to this Committee's
recommendation. Will you give me an indication of that?
Mr. Acton: I can't give you an indication of the
time required by the committee because the committees will
have to act on their own, at their own pace, unless they get
some direction from the City Commission as to when you went
them to make their recommendations.
Mrs. Gordon: I think it is so important even
though the Mayor doesn't think the two things are parallel .
We spent 90 thousand dollars for consultant fees for downtown
and I have read the reports and I thinfc they have great merit.
I am willing to wait for the committee to act and give recommendations
but I think we had better set a time element so that this does
not procrastinate into a 6 month or 8 month or one year delay
and end up on the shelf with all the rest of these thousands
of dollars of studies we have had, so may I ask you then to
give us some timing on this by our next meeting?
Mr. Acton: Yes, I would be glad to do that but I
think the Commission should pass a motion instructing the
committees to, based upon this time schedule, ---
Mayor Ferre: What Mrs. Gordon is saying George, is
that, you obviously have to call people like Alva Chapman
and Bill Colson and Dan Paul, and discuss this with them, ----
off the record, when I talked tothem originally, discussed
this and I told them that September, that it ought to be well
under way in September. Would you discuss this with them
and come back and answer Mrs. Gordon's question specifically,
a reasonable quick date where we can have these things under-
way and have some kind of final in -put from them by a certain
specific reasonable date, and then the Planning Board can act
and then we can move.
Mrs. Gordon: I think it is necessary that they know
the feelings of the Commission and that the Commission feels
that the Planning Board should hear this, not later than September.
and I would so move in the form of a motion that we let them
knee the policy of the Commission that we would like our planning
Board to hear this item for a public hearing in September. I
move that.
Mayor Ferre: I am completely against that. I am against
taking a person like Bill Colson, Dan Paul or Alva Chapman telling
them you are going to do this by September the 4th or 5th, and
you don't know if these people have vacations now, let's give
them enough intelligence to give them, give them the choice
of responding. They may September 30th or they may say October 15,
L 45
rather than for us to force, ---
Mrs. Gordon: Mr. Mayor, you misunderstood what I said,
totally,-- --I said we were to be setting a policy indicating
that we would like our Planning Hoard to hear it. If they
find it irposeible, to Meet, and cannot meet, they will so
notify us, but at this point in time, they have no time element
and I believe it should be moved that we should set this up
because this is no different than Coconut Grove,all of the City
Of Miami is in dire need of action, and the longer we procrastinate
with more and more study committees. the deader the issue is going
to become.
Mr. Plummer: Mr. Mayor I'll 'call the question on
my motion, ----
Mrs. Gordon: ---then I'll move another one, ---
Mr. Plummer: ----set a time date, July 25th at
9 A.M. the first item on the agenda.
Mayor Ferre: We have a motion and a second and this
is the matter of the two -week moratorium and the public hearing
here of July 25th. Is there further discussion on this item?
Mr. Plummer: When you say the word 'moratorium' ---
does that stop all that is presently going on?
Mayor Ferre: No,
Mr. Lloyd: No, let's not call it a moratorium,
we are preparing a resolution, which you will, pass this
motion as you are doing but we will have a resolution for you.
No further building permits will be issued on new construction
until July 25th.
Mayor Ferre: We have a motion and a second, further
discussion?
Mr. Joe Kolish: My name is Joe Kolish, I own property
on 27th Avenue. I'd just like to go on the record at this time
that I pointed out to the Commission a year ago that my property
was surrounded by whatis commonly called high-rise buildings,
and at that time the Commission decided to put a moratorium, ---
they put it in effect for a year, I was unable to obtain any
financing to build because of the moratorium. At a recent
Commission meeting, approximately four months ago. this mora-
torium for the area of Mary Street, 27th Avenue and Tigertail
was removed by the action of this Commission. We again applied
of course this time, as you know there is no mortgage financing.
Now if this again is going to include us, then of course we
cannot go ahead with interim plans if this is going to be a
moratorium again.
I just wanted to go on record because this is something
that has been eating away for two years and when we finally got
it lifted there was no mortgage money, and I want to point out that
the study for the Grove, I was assured was the business district
for the Grove. I never got any notices, I wasn't invited, or
anything,
Mayor Ferre: Thank God, so far, this country still
remains a country of laws, and the Constitution of the United States,
I 46
4F\
even a lot of people want to say, that there is a new idea
about what property is, guarantees citizens the right o.f
property. 'There is also the guarantee of, somebody can't
take your property without due process. As long as that is
true, in the Constitution of the United States, then you
may suffer, and I suffer with you, but there will be a
solution to this and I hope it will be soon.
Mr. Kolish: I just wanted to go on record, because
I am not a developer, and I am not rushing in or barnstorming
I have been trying to build here for the last two years, and
the fact reaming that we were not invited or put on notice,
on this particular plan because I was under the impression
that it only involved this City, but that is all I want.
Mayor Ferre: Thank you.
Mr. Joe Calley: My name is J.3e Calley, I live in
Coconut Grove, I respectfully request that the motion be
revised to indicate that no applications for new construction
will be accepted, at least we have people who desire to be
grandfathered in sometime after this next meeting in July, if
they have not filed an application, if you prohibit them from
applying, then we will have that issue, we will never have that
issue for anybody in this two weeks and it takes almost nothing
to apply for a permit.
Mayor Ferre: That is the intent. Is that clear, and
you will put that in the proper legal wording. No further dis-
cussion?
Call the roll, please,
Mr. Southern, City Clerk: Mr. Plummer, yes, Mr. Reboso,
Yes._Rev. Gibson, yes, Mrs. Gordon, yes, and Mayor Ferre, yes.
Mrs. Gordon: I now move that we set a policy that
we let our Committees know that we want the downtown study to
progress rapidly and this is the intent of the motion that
they know that we would like the planning board to have hearings
in September.
Mayor Ferre: There is a motion, is there a second?
Is there a second, twice? There is a motion, is there a second?
Mr..Plummer: Mr. Mayor hearing no second, I will make
a substitute motion, that we request of the Committee appointed
that they give us a reasonable time frame in which they can come
back knowing the urgency of the matter, that we can then proceed
with an orderly time frame, but cannot do such until we have from
them,when the work of their committee will be done and I offer
that in a motion.
Mrs. Gordon: Mr. Plummer, I am not in opposition to
your re -wording of my intention. That is perfectly all right,
because it is the intention important anc' not who says it , -•-----
I go along with you,
Mr. Plummer: It is more important that we are asking
people, we are not demanding. we are asking.
Mrs. Gordon: That is exactly what I said, and if you
took it in the wrong concept, that is your fault, not mine.
Mayor Ferre; So1did I --
Mrs. Gordon: Well, you also didn't understand me, ---
but that hakes no difference to me, if you say it, or I say it,
as long as the coiMlittee understands, that we are not interested
in it being delayed for along period of time, that they realize
the urgency of it being enacted, quickly, they will therefore
try to schedule their meetings more rapidly, so I will then
second your motion.
Mayor Ferre: There is big difference between asking
and telling. ----
Mrs. Gordon: I am sorry there is a play on words, but
sometimes its.a difference of ----
Mayor Ferre:----it is called courtesy, ---
Mrs. Gordon: ----interpretation of the language.
Mayor Ferre: We are not telling them to be back here
by September,
Mrs. Gordon: I never told them Mr. Mayor, and don't
you put words in my mouth,
Mayor Ferre; There is a motion and second, the motion
is very clear, any questions on the intention of the motion?
Call the roll,
Thereupon the following motion was introduced by
Mr. Plummer who moved its adoption:
MOTION NO. 74-600
A MOTION REQUESTING THE DOWNTOWN ZONING
STUDY COMMITTEE TO FURNISH THE COMMISSION
WITH AN ESTIMATED DATE FOR RECEIVING ITS
REPORT AND RECOMMENDATIONS ON THE DOWNTOWN
ZONING STUDY, RECOGNIZING THE URGENCY OF
THE MATTER
Upon being sego nded by Mrs. Gordon the motion was
passed and adopted by the following vote - AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES:
None.
Mrs. Gordon: May I ask you Mr. Manager once again.
why is it taking quite so long for you to come back to us
with recommendations for zoning consultants for the rest of
the City.
Mr. Plummer: You have a memo on it Rose.
Mrs. Gordon: I got your memo but I am putting it
in the public record.
Mr. Andrews: Mrs. Gordon. I was unable to get con-
sultants here in the time period that we needed. Some of them
have gone away on vacation, the principals that wanted to come
down and make the presentation, and this was the earliest date
we could have them arrive here.
48
Mrs. Gordon: It was the consultants that could not
meet your timing?
Mr. Andrews: That is correct.
Mrs. Gordon: Okay.
NOTE: The Commission went into a 5 minute recess,
and reconvened with all members present.
39, PERSONAL APPEARANCE - STOCKTON BRIGGLE REGARDING
pRAP,QSED THEATRICAL PRODUCTIONS AT THE_ MUM MARINE STADIUM
kr
Mr. Stockton Briggle: Good afternoon, -----
Mr. Plummer: May I ask one real quick question,
because the background material you gave us very, very complete.
what I would like to know, Number one, what are you asking of
this City, number two, let me hold No. two, what are you asking
of this City?
Mr. Briggle: Two things, basically, Mr. Plummer. We
have, in the way, the Marine Stadium, is presently structured.
There is.a limit, a basic 7-day limit on the Stadium itself
for rental purposes. What we are talking about, the Miami
Starlight Theater, which we think is going to be a very exciting
addition to the City, is basically a quarter million dollars,
is what it is going to take to do this project. That I am not
asking of the City.
Mr. Plummer: Number one, you are asking us to waive
the 7-day rule.
Mr. Briggle: Right.
Mr. Plummer: Number two, ----
Mx. Briggle: I am not quite to Number two yet, ---
in addition to that, I need 8 weeks of the Stadium in order
to justify that kind of an investment. Number Two, I am asking
that the actual rental structure itself, the pricing structure
on the stadium be put into discussion,and we find some other
way to decide how much it will cost for the utilization of the
stadium because it is presently structured on basically a one
or two night situation, which as you know is a certain amount
of money and then a percentage. If we are taking the Starlight
Theater over 6 days a week as we are talking about, on the
present structure basis, it would be an enormous amount of money
and quite prohibitive to even try to utilize the stadium in
that way, so those are the two things I am asking.
Mr. Plummer: Well, are you saying then that you feel
that the percentage requested by the City under normal conditions
is excessive ?
Mr. Briggle: I am saying that it is not excessive
under the normal atructuring,for this kind of situation, i
think it is excessive. Yes, it would be prohibitive.
Mr. Plummer: Paul, the minimum if I recall , is $350.00
49
per day, then plug, the personnel, the event personnel, the
polite, the uehere, ticket takers, cleanup, then we go in
to a percentage.
Mr.Andrews: Yes, ----
Mr. Plummer: what is that n cent age .r
Mr. Andrews: That percentage is scaled down, from
my memory of 10% or so, to 7% depending upon the occupancy.
Mr. Plummer: It is a sliding scale, from 10 to 7
percent, whichever is greater.
Mr. Andrews: If you fill the entire stadium, it
is down to .7%, that's from my memory.
Mr. Plummer: And you are saying that 7% you feel
for your kind of production, —
Mr. Briggle:----nightly, Mr. Plummer, is very high,
yes,
Mr. Plummer: Real quick -like what are you willing
to offer the City?
Mr. Briggle: Well, you mean financially ?
Mr. Plummer: Sure.
Mr. Briggle: I think that we've given a great deal
of discussion to this and our feelings about it, and what
we would like to be able to do to make all this feasible
is somewhere in the neighborhood, a set fee, of say $3,000.
or $3500. dollars a week. We would be paying all the other
people, all the other personnel involved, all expenses we
would be paying.
correct?
Mr.Plummer: $3500. a week, that is a 7-day event,
Mr. Briggle: Six, with one day off, ---
Mr. Plummer: ---a 6 -day event,
Mr. Briggle: May I point out Mr. Plummer, that
in addition to the actual rental of the Stadium as we have
it, in order to do this project, because we are talking about
doing it, we are going to have to rent an enormous amount of
additional sound equipment, lighting equipment.
Mr. Plummer: That is normal for you.
Mr. Briggle: No, it isn't normal for us because
in most theaters that we get involved with, for example the
Gusman, where we are involved with the Summer Star Theater
that I am co -producing, that is all there, and in the case
of the Marine Stadium, it has not been actually done for this
kind of enormous sort of theatrical production, so it is going
to cost us somewhere in the neighborhood of $6,000. for sound
alone, and approximately another $6,000. for lighting alone
for the month.
50
JUL:a.�:�i
Mr.Plunmter: Very important, which day will you
not be performing?
Mr. Briggle: On Mondays,
Mr. Plummer: You might as well say you've got it
for the 7 days,---- is there a possibility that you could
do this and have your free day Sunday. It is very important
because the greatest use of that stadium is Sundays.
Mr. Briggle: I understand the problem. What we are
talking about is moving the Marine Stadium in a more complete
utilization than was ever dreamed of, or ever been done in the
history of the City of Miami. I understand the problems involved
with the boat races and all of those things, but we are talking
&out making it one of the major attraction,both tourist and the
people who live here. one of the major attactions in S. Florida.
The utilization of that stadium is going to be tremendously
important in this way, to give up a Sunday for example which
is a very important day for people who like to go out, Mondays
are usually the most difficult days to get people out. We are
talking about a large sum of money here, and an ability to
be able to at least .break even on the project.
Rev. Gibson: You mean to tell me you all haven't
discussed this with the Manager and you are bringing it to us?
Mr. Briggle: No, Rev. Gibson, it has been discussed
in detail, with Mr. Jennings and everyone is aware of the
project and to the best of my knowledge quite excited by the
project.
Rev. Gibson; Mr. Manager, you may be able to help
us, I'm sure. Why can't you give us the benefit of what you
discussed?
Mr. Andrews: The only area that is under consideratbn
at this time, will the Commission waive the provisions ii the
ordinance, or resolution, which would require the 7-day limitation.
That is one thing. would you consider waiving that? The second
thing is would you give me the authority to negotiate with these
people for use of the Stadium at a rate structure other than
that which is already provided for by ordinance.
Rev. Gibson: Let me ask so you can respond. What is
your reaction to what he is asking for?
Mr. Andrews: I think they are a little on the low
side. I have to find out more, if they are a non-profit organi-
zation. where the profits of this are going, and relate their
requests to
Rev. Gibson: I think you could help us if you straighten
that out, because to ask us to do what you wart without giving us
that, information, is, ----you know, --
Mr. Briggle: The problem is this, first of all, if I
may, I didn't quite get a chance to precede what I was going to
by answering so fortuitously Mr. Plummer's question, but in case
you do not know, and there is no reason why you should, I am
the co -producer of the new Summer Star Theater which will be
this summer at Guaman Hall in August, which is under the auspices
1 51
JUL 11197
of the Downtown bey. Authority, sponsored and backed by
some of the major bueineeees and people in the community.
It is a very iMportant and exciting step forward in what we
are trying to do for the City of Miami from a theatrical point
of view. I aM not just'°entrepreneur who has come in and is
trying to come up with a project all of a sudden out of nowhere.
So, we have given all of this great thought, and our problem
is also if 1 may add in answer to your question Mr. Plummer
about what we are asking for, the presentation asks for
November and April, unfortunately because there are an
enormous amount of bookings already in November, in order
to get enouth lead time this would be impossible so what
we are actually asking for is the last two weeks in
March, the month of April and if possible, the first two
weeks in May. That is what we are asking for which would
be a total of eight weeks.
Mr. Plummer: Let me lay on the table my thoughts
because I think I know what Gibson is coming to. We are going
to send you to the Manager for negotiations and come back on
the 25th with an answer.
Mr. Briggle: You are talking about the finances,
we have to have an 8-weeks.
Mr. Plummer: If it is money in the pockets of
the City of Miami. we are willing.
Mr. Briggle: What I am saying is. fine. I am delighted
to negotiate with the City Manager and work that out, but I
am unable to negotiate on any basis unless I have the amount
of weeks I need to do it, because for a quarter of a million
dollar investment, I have to have the weeks.
go,
Rev. Gibson: We've got you to where you want to
Mr. Briggle: Terrific.
Rev. Gibson: All we are saying to you is, J. L.
just told you, go to the Manager and you may be able to do that
Mr. Plummer: So there is no misunderstanding, Mr.
Manager I want to tell you how one feels, I am looking at
figures here that the total gross potential for November
and April of $1,657,544.00,---
Mr. Briggle: Gross potential
Mr.Pluwmer: I understand, --
Mr. Briggle:----if people come ----
Mr. Plummer: ---you are talking about their offering
t he City $7,000.00.
Mr. Briggle: No, $3500. a week,---- $14,000. a month,----
$28,000.00,
Mr. Plummer; He was nice enough to proffer, --I'll
offer a motion now that we give the manager the right to ney-
1. 52
JUL 1 1
Otiate with these people with a free and open hand, which
will encoMpass the waiving if necessary of all provisions
subject to the Manager's negotiation and recommendation back
to this Cosurtission.
Rev. Gibson: I'll second it, in favor of the City,
I want to make sure, -
Mr. Briggle: Rev. Gibson, I think that this project,
if it succeeds will not only be in favor of the City but will
increase the appeal for everyone.
Rev. Gibson:We understand that, but what we really
have to worry about, what goes in the treasury .
Thereupon the following motion was introduced by
Mr. Plummer who moved its adoption:
MOTION NO. 74-601
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO NEGOTIATE WITH BRIGGLE-
WILLIG, THEATRICAL PRODUCERS, FOR USE
OF THE MARINE STADIUM ON A BASIS DIFFERENT
FROM THAT PROVIDED IN THE CITY CODE, AND
TO REPORT BACK TO THE COMMISSION HIS RECOM-
MENDATIONS
Upon being seconded by Rev. Gibson,
was passed and adopted by the following vote
Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon
Ferre. NOES: None.
the motion
- AYES: Mr.
and Mayor
Mr. Andrews: I want to point out, when we complete
our negotiations, the recommendations I come back to you with
will probably require an ordinance change to achieve this.
Mr..Plummer: Okay.
Rev. Gibson: You tell us all of that when you
come, - --
Mr. Plummer: Also have in your recommendations
what problems have already been incurred by what has been
booked in November.
40. PERSONAL APPEARANCE- BOBBY DYKES TO REQUEST FUNDS FOR ATTENDANCE
OF TWO PERSONS AT: WORLD BOXIKfi ASSN .ANNUAL CONFERENCE
Mr. Bobby Dykes: How do you do, Mayor, Vice -Mayor.
and Commissioners, I am Vice -Chairman of the city of Miami
Boxing Commission and I am here to ask that the City of Miami
allocate $1100. travel allowances for the Boxing Commissioners
to attend the World Boxing Association Convention in Panama City
next month. Miami has always attended these meetings since
the beginning of the W.B.A. inpfact before that when it was
the National Boxing Association and in order to regulate boxing
in the Miami Area it is imperative to attend these meetings.
Mayor Ferre; Bobby let me ask you a question now.
53
Mayer Ferre: As 1 remember bask in 6,1 and 68, we
go through this every year. Whose conventions were in Chicago
or Atlanta. or some other place, you are talking about a couple
of hundred dollars, you know $1100.- you have never asked
for that much?
Mr. Dykes: Yes, we have, every year since it
has been the W.B.A.
Mr.Plummer: Let me ask the man, what was put into the budget
for it this dear?
Mr. Andrews: No funds, ----
Mr. Plummer: That's nice.
Mr. Dykes: We hope to have professional boxing
here very soon in the Miami area, we have the only weekly
amateur show in the United States right here at Dinner Key,
and we are negotiating for professional boxing, the only
way to regulate it and keep Miami in the foreground. without
taking a back seat to the whole world, is to know what is going
on at these meetings. The out -lay will be more than out -weighed
by the thousands of
Mayor Ferre:We are going to have the amateur boxing
here, championship, next year, you know that.
Mr. Plummer: ---and the year after. ----
Mayor Ferre: What is the will of this Commission.
Mr. Andrews: I think theCommission ought to explore
how many people will be traveling,
Mr. Dykes;--two,--
Mr. Andrews: ---and why it can't be limited to one, ----
Mr. Dykes: We are asking a thousand for travel expenses,
and one hundred for membership dues, boxing magazines we get
every year to know what is going, ----
Mayor Ferre: Let me ask you this. I assume you
travel tourist, and that you submit expenses,
Mr. Dykes: Every year.
Mayor Ferre: What is the will of the Commission,
Mr. Andrews: The only place you could take the
money from would be the contingency fund which is at about
$3400.00 or so at this time.
Mr. Plummer: My only thought on the matter is,
if you are going to have a Board, and have the City properly
represented you have to send them, if you don't abolish the
Board.
Rev. Gibson: Do we have the money? Move it,
MOTION NO. 74-602
A MOTION AUTHORIZING THE EXPENDITURE FROM
THE CONTINGENT FUND OF $1,100 FOR ATTENDANCE
OF TWO MEMBERS OF THE MIAMI BOXING BOARD AT
54
THE WORLD BOXING ASSOCIATION CONVENT/ON
TO BE HELD IN PANAMA CITY, AUGUST 12, THRU 16,
1974; $1,000. FOR TRAVEL EXPENSES, $50. FOR
ASSOCIATION DUES AND $50. FOR SUBSCRIPTIONS
FOR VARIOUS BOXING MAGAZINES
Upon being seconded by Mr. Plummer, the mbtion
was passed and adopted bythe following vote: AYES:
Rev. Gibson, Mrs. Gordon, Mr. Plummer Mr. Reboso and
Mayor Ferre. NOES: None.
41, SELECTION OF CONSUL,IANTS - ORANGE. BOWL IMPROVEMENTS
DISCUSSION
Mr. Anal -taws- Mr. Mayor and mPmb'rc of the Commission.
the City sent 330 invitation out to local architects and
engineers for the purpose of receiving information on which
to make judgements as to the consultant to provide the
services that we require to modernize the 0. Bowl. We
received 27 proposals, and of those 27, I made a final
determination that we should interview 9 of those 27,
and those interviewed were, Carr Smith & Associates, Inc,
Reynolds, Smith and Hills, Ross -Adams Engineers, URS
Madigan-Praegar, Inc. Connell Associates, Inc, Kunde
& Associate, Greenleaf/Telesca, Watson Deutschman,Kruse
& Lyon and Rader & Associates, Inc. After completing the
interviews with each of these nine firms, it is my recommendation
that Commission, as I supplied you a memorandum on July 10th
that you give me the authority to negotiate with Watson,
Deutschman, Kruse and Lyon to provide this service. They
are a local firm,
Mr. Plummer: They are City of Miami people?
Mr. Andrews: They are located on LeJeune Road
across from the golf course, yes, it is in the City
of Miami.
Mr. Plummer: Mr. Mayor I move we give the City
Manager the right to negotiate with Watson, Deutschman,
Kruse and Lyon.
Mr. Andrews: They have
for a longer period of time
in business for 21 years in
been in business individually
than this. but they have been
the City of Miami.
Rev. Gibson: I didn't get that, Plummer will you
ask those questions again?
Mr. Plummer: I asked a
firm? The answer was yes,
to negotiate, --
Mrs. Gordon: Are these
question, were they a local
we give the man the right
local firms, or is that the
only one that is a local firm.
Mr. Andrews: No, these are all local firms.
Mrs. Gordon: A11 local firms?
Mr. Plummer: The Manager has recommended this firm.
Mayor Ferre: Is a representative of Watson, Deutschman,
Kruse and Lyon here?
Y
55 JUL i 1i]4
Mr. Andrews: I don't believe they are.
Mayor Ferret Let me ask you this, who are their
consultants,' -'firm dealing with the Stadium?
W. Andrews: Edward D. Stone, this is not the son
located in Pt. Lauderdale, it is Edward D Stone Sr.
Mayor Ferret Paul, I want to make this statement
on the record. Edward Durel Stone is a personal friend
of mine. That has nothing to do with, and I know a lot
of these people. Edward Dural Stone was the architect,
he was a school mate of my uncle at M.I,T. and he was
the architect for the museum that the Ferre Foundation
donated in Puerto Rico, and Edward Durel Stone himself
selected that museum to be the cover of all of his work
when he published it about three years ago, in a major
publication. I say that so we recognize the relationship.
Edward Dural Stone has a very large office, and I know
they do a lot of work all over the world and I've seen
the embassy office he did in London, I've seen a lot of
his work in New York, I know of many of the things he
has done. He did work up in Tallahassee, ----Edward Durrell
Stone is one of the top five leading American architectural
firms. I have never heard of any stadium that Edward Durrell
Stone's office has done. I would like very much, I think
it is very important that we get a firm that has specialized
and not one, but a lot of stadiums, and those have been
through it, and knows what they are talkingabout. I think
that Watson, Deutschman, and Kunde and Carr -Smith, and
Ross Adams, they are all fine, and all local firms, to
me the main decision has to be based on, not only the
local firm but the expertise, the real knowledge, pro-
fessionalism of knowing what they are dealing with, and
Ed. Stone is a great architect. There is no question about
it. I'd like to see how much he has really done on stadiums.
Mr. Plummer: Mr. Mayor let me make a comment real
quick here. I am basing the motion simply on the recommendation
of the manager who has availed himself and his offices to
go through this procedure already, and I am assuming when
he makes a recommendation to this Commission, he has looked
into the qualifications of these individuals who have availed
themselves of the project. If it is anything to the contrary
I don't think the manager has done his job.
Mayor Ferre: I don't want anybody to misinterpret, -
Mr. Plummer: I don't want anybody to misinterpret my
motion either.
Mayor Ferre: J. L. I want to make a statement on
the record. I have full confidence in Paul Andrews, and
I know if he comes up with a recommendation it will be
a well thought out recommendation. I would less than
responsible Paul, if on the record I didn't have an
in -put on my opinion, on Edward Durrell Stone's background
specifically dealing with stadiums. And I am just saying
perhaps will the important things we have, it might warrant
and I am not knocking out Watson, Deutschman Kruse and Lyons,
1
JIJL-
;
or Monde Assoc. , Carr Smith, floss Adams, --I am just
Saying that in my personal knowledge of Edward Durrell
Stone, I don't think that he has the expertise in
stadiums that is definitely required in something of
this importance and magnitude.
Mrs. Gordon: I don't see his name on this list
at all,---Bdward Durrell Stone is not on this list.
Mr. Andrews: He is not identified as the prime
consultant which would be a local firm. What the
Mayor is addressing himself to is, many of the local
firms would associate with another firm who has expertise
in designing stadiums so that they can be of assistance
in the final design.
Mrs. Gordon: Has Watson, Deutschman, Kruse and
Lyons had experience with stadiums.
Mr. Andrews: Not specifically with stadiums the
size of the Orange Bowl, but they have become involved
in many projects requiring handling large numbers of
people including the Miami Beach Convention facility, but
Edward Burrell Stone has been involved and has designed
some very fine stadiums. One is the Busch Memorial Stadium
in St. Louis.
Mayor Ferre: Flow large is that, ----
Mr. Andrews: ---66,000 people, --
Mr. Reboso: Mr. Stone is not the local architect.
right?
Mr.Andrews: No, but you must understand, we have
gone to local architects and engineers locally as to
prime person that we are dealing with, and this is in
keeping with the Commission's policy that we deal with
local firms, but in dealing with those local firms, we
wanted to make sure that they had enough back-up, of
expertise.
Mayor Ferre: Let me make a statement about that,
because I think it is important, in the direction that
we take on these things. I concur with the opinion of
this Commission, that we were never possible to use
local firms in anything that we do. When you get to
highly specialized things like airports, or beer factory,
or something like this, --a stadium, there are people who
specialize in them, and they do it all over the world,
and it is like, if I am going to have open-heart surgery,
it isn't that I don't want my doctor there, I want my
own local doctor, but if the guy who does nothing but
that, every day, he does 5 or 6 operations, this fellow
Cooley, in Houston, or Debakey,---that is the guy I want
tampering with my heart, and I want my doctor next to him.
but I want to make sure that if it is that specialized,
that we ge t the best. There are many who qualify as the
best. there isn't only one Debakey, there's Debakey and
Cooley, and others, all I am saying is, it is important
that whatever local firm we use, that the crux, in my
opinion, of the decision has got to be the expertise and
I 57
•
••
(
knowledge of the professional advice that they are going
to be getting from the man or firm that really does that
all the time, its done t+wo,three, four or five or what
have you, these stadiums and knows that you avoid putting
structural steel here, that you avoid using a plastic seat
when a fiberglass is better, and $15,00 dollars cheaper,
etc., ----
Mr. Andrews: Let me emphasize, you will notice in
• my memorandum I selected four firms to deal with, taking
them in the ranking I put them in. If I'm through the
negotiation process of trying to arrive at an agreement
that I can bring back to the Commission, I am not satisfied
that Watson Deutschman and the Stone firm will provide the
kind of services, ----then I am going to go to Kunde and
Associates, if I decide they are not going to render, then
I am going to Carr -Smith and Assoc and keep'going down the
list until we are satisfied that we have exactly what we
want.
Rev. Gibson: I am interested, ---you know when we
were. ---I started to use the words, the newspaper was
right, then I'll have to leave town, but listen. I
remember in the election, about the time of shortly
after, ----no, just before election, everybody was telling
us we ought, to build a new stadium. Remember that? Man,
it was hotter than hell up here. Remember that?
Mr. Andrews: Yes, very well,
Rev. Gibson: I said to you, and you said to me,
the people who built the Orange Bowl were still around
here. I raise this question because somebody said something
to me when I was kicking on that $1100.00 for the advice
ofr I think I heard something like this, that the
previous construction company had done all the sampling
and the other business, that is why you went outside, ---
Mr. Andrews: Yes, ----
Rev. Gibson: ---now, bringing it back in perspective,
you said to me, the people who built that Orange Bowl
are still around here, and you were a part of it. What
I am saying to you Mr. Mayor and all the rest of the Com-
mission, is I hope you keep that in mind. Let me go another
turn, what I don't understand, I received a memo from you
telling me who, 1,2,3 & 4 were now at that time, and I got
27 names, and there was a cut-off, a dotted line under,
you remember that?
Mr. Andrews: Yes, ----
Rev. Gibson: ---and then I read here,that you have now
additionally interviewed on Tuesday July 9th, discussions
were held with the following, Connell Assoc. Kunde and Assoc.
Greenleaf Telesce, Watson, Deutschman, Kruse and Lyons.
and Rader and Associates, ---what I am asking is, and I
want to do this so I can intelligently vote, didn't all
these people receive the same information at the same time?
Mr. Andrews: Yes, when we sen flout the
information for the invitations to the 330. they got all
L 5$
the flame information, then we got 27 responses back.
"Whose are the 27 listed on that sheet. Those were the
people that were interested in having themselves considered
for the consultant service.
Rev. Gibson: Let me tell you what is running through
my mind, I don't understand July 9,----
Mr. Andrews: ---the difference between the four and
the addition of the five additional people who were inter-
viewed.
Rev. Gibson: I am a little worried about the date.
Mr. Andrews: Well, what occured, and I can carry
you through the sequence of events, we first, ---I first,
invited four firms to be interviewed, having interviewed
those, I began to recognize that of the total list of 27
that I should have at least a third of all of those that
submitted proposals, that same evening I chose five more,
and sent them invitations to make presentations and after
nine were completed, then I made a decision which I felt
was in the best interest of the City.
• Rev. Gibson: Let me make sure, because I remember,
you are telling me, 2, 4,6, 8, 9---you are telling me
that according to the rules, we may or may not accept
the order in which this was recommended, is that right?
Mr. Andrews; That is right,----
Rev.Gibson:---and that you have recommended for,
saying these are four qualified outfits?
Mr. Andrews: Yes, sir, --
Rev. Gibson: ---you are also saying that the 27 that
you gave us were also qualified, ----
Mr. Plummer: Not qualified, 27 people bid,
Mr. Andrews: 27 submitted proposals, and in reviewing
their proposals, in my judgement, these 9 appear to be the
most appealing as far as their proposal is concerned, so
therefore I interviewed those 9.
Rev. Gibson: I am ready to vote, ----
Mrs. Gordon: I am ready to ask questions, ----
Rev. Gibson: What was the firm, which one of these
firms handled the original Orange Bowl?
Mr. Andrews: I think the original one was by Rader
and Associates. I say Rader, original was by the City of
Miami of which Mr. Rader, who is practicing privately,
was the project manager and we had three architects under
him at thatitiie, so the original design, ---and Mr. Darlow
was part of the original design, and interestingly enough
the original design was in concrete, and because it needed
to be designed in steel to help the economy because we had
a partial grant from the government, --the whole thing was
redesigned in a very short peric4 of time in steel,
and constructed that way and the City of atami r'id that.
Mr, Reboso: Paul are you talking about the press box?
Mr. Andrews: No, this goes back to the original
construction, ---there were many additions after that, but
the questions being raised are going back to the source.
Mayor Ferre: Let me ask you about the Rader firm.
did you interview Rader?
Mr. Andrews: Yes, ---
Mayor Ferre: I understand Rader sold his firm
and he actually got out of it, and kind of re -grouped
it again. What size firm does he have now?
Mr. Andrews: They have about 70 people which is
about 14 to 16 professional engineers and architects
from my memory. Is that about right?
Mayor Ferre: Do they associate with a firm that
has expertise in, ----
Mr. Andrews: I don't think they indicated an
association with another firm.
Mr. Reboso: Paul. who did the press box?
Mr. Andrews: George Kunde and Associates, the
press box and the west end zone enclosure, upper deck.
Mrs. Gordon: May I ask you mime questions?.I have
in front of me your memorandum dated July 1 which shows
all of the firms, 27, and listing next to the name,
number of facilities by firm listed, then next to that,
number of facilities associated with others and next to
that, type of facilities. Under your first one here you
have 12, number of facilities by firm listed and four,
associated with others, a total of 16. Your next one
down on the list has 7 total, and etc. etc. Now, your
number one choice is number 13 on the list has one, and
then your number two choice also has one, your nunb er
three choice has 16, your number four choice has 7. on
your list, please expalin to me how you come to the
conclusions you have and why, I am interested.
Mz. Andrews: Well, the first thing I did was, in
the interview process was to, ----
Mayor Ferre: Where did you get that list?
Mrs. Gordon: I took it out of the book.
Mayor Ferre: In other words, that means the
of facilities that they have designed?
Mr. Andrews: Yes. but in the interview
in reviewing this, there were associations,
partially association with the firm located
number
process, and
and this is
here, some
of the firms, such as Carr -Smith have not designed any
60
JUL1
stadium, except football stadiums.
Mayor Ferret 1 want to remind you that Lester
Pancoast has never designed a police station either, ---
Mr. Andrews: 1 understand that, ---
Mayor Ferre:---and we chose him because he was
a local architect, and at least I chose him. I voted
for him, because he had in my opinion a very --
association with people that were very expert and
had previous experience in police design. If he had
not had that association, in no way would I have voted
for Lester Pancoast.
Mrs. Gordon: I have some question I would like
answered, Mr. Andrews, ---
Mr. Andrews: ---and this represented originally
a combination of the local firm plus the firm they
would associate with, in determining how many similar
structures that would begin to resemble the Orange Bowl
in some fashion.
Mrs. Gordon: In fact, it is not a valid list, it
has no meaning? Is that what you are saying?
Mr. Andrews: -not until you review completely the
submissions and then you call the people in and begin
to talk to them, and find out to what degree they were
involved in a stadium, consulting engineering firm or
architect, if they are partially associated with a
project, will list that project, and until you sit
down in an interview process and begin to talk to them.
and find out, how much involvement did you have in a
specific project, you find out that in some instances
a large building, they were the structural engineers,
but they list the entire building and the cost of it.
Mayor Ferre: Paul, I see Mr. Little here, I see,
Rose. ----you are with Carr -Smith, you are with Connell,Assoc.
is anybody else from any other firm here?
Mayor Ferre: Jacobson,---- Rade and Associates,
Ross, ----anybody else. Going down this list here, where
I see Carr -Smith, Associates and Roan Adams Engineering.
let me ask these two firms for the reason that they are
on your list of four, and are local architects, ---I would
like of you to come to the mike. I want to ask them
who their consultants are.
Mr. Plummer: I don't think it is fair without having
them all here, to answer the question.
Mayor Ferre: The question I want to ask of both
firms here, is, who are your associates, what backgrounds
do they actually have?
Mrs. Gordon: I think we ought to defer this and get
more information from the Manager.
JUL 11.1 `74
Mrs. Gordon: 1 think he had better give us a
total analysis►, if we have to make decision, we have
to Make theta on fact.
Mr. Plummer: I will be glad to second the
Motion but I want some definitive action and instructions
to the City Manager of what we are deferring for. Do
we want the four firms he has recommended to have their
men here at the next meeting, or the nine firms, or the
27th firms,----
ReV.Gibson: Let the 9 of them, J.L.
Mr. Plummer: If you want the 9, give the man
instructions.
Rev. Gibson: I think they ought to tell us, ----
this ought to be interpreted.
Mrs. Gordon: Yes, that is what I want. I want
facts, this is not really up-to-date. This is something
you have given us, but it has no meaning.
Mayor Ferre: I wartto state into the record, and
I am not talking for or against anybody, ----
Mrs. Gordon: I'm not either.
Mayor Ferre: I will not vote for a firm, local or
otherwise, who does not prove to me in my judgement, that
they have the expertise directly or indirectly, to go the
job, and I mean they have been through it, that they know
what to do, the latest on what size seats, what the latest
is in Pittsburgh, in Atlanta, New Orleans, and the whole bit.
Mr..Plummer: Okay,. sp the motion to defer is based
upon the instructions to the Manager that he invite the
9 firms, ----a representative of 9 firms, ----for him to sit
down between now and the next meeting to find out these
expertise, explain to these people what the Commission
is looking for and have them here at the next meeting, so
we can question and find out what background they have.
Mayor Ferre: There is a motion and second. is there
'further discus3ion?
Thereupon the following motion was introduced by
Rev. Gibson who moved its adoption:
MOTION NO. 74-603
A MOTION TO DEFER CONSIDERATION OF SELECTION
OF A CONSULTANT FOR A CONTINUING IMPROVEMENT
PROGRAM FOR THE ORANGE BOWL PENDING ADDITIONAL
INFORMATION BEING FURNISHED THE COMMISSION BY
THE CITY MANAGER AND NOTIFICATION OF THE NIi1E
CONSULTING FIRMS INTERVIEWED TO BE PRESENT AT THE
MEETING OF JULY 25th
Upon being seconded by Mrs. Gordon. the motion was
passed and adopted by the fo llowing vote - Mrs. Gordon.
Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mayas Ferre.
NOES: None.
1 62 JUL1.1.1B74
42. SELECTIWOPARCHITECTS. _FDA. AFRI CAN SQUARE
Mayor Ferre: Let's take up selection of architects
for African Square.
Mr. Plummer: Are we into the same f:ro1lrr:r here
Rev. Gibson: Are these questions answered for
us Mr. Andrews?
Mayor Ferre: To me this is a comi.'letely different
matter, because landscape architects, and I don't mean
to hurt anybody's feelings. and I hole landscape architects
will,not get upset with meT-it is not the same thing as
the stadium. Are you recommending somebody here?
Mr. Andrews: Yes, I am. ---I am trying to find
memorandum, ----the firm we are recommending is the
firm that, after interview process is one that has
already been working with the committee. and its
Paul Friedberg and Associates.
my
Rev. Gibson:Who is that?
Mr. Andrews: Paul Friedberg and Associates.
Mayor Ferre: Is that the one already on the job?
Mr. Andrews: Yes, and the committee, which was
an extensive committee was satisfied with the results
they were producing up-to-date, but nevertheless we
went through the process to make sure that we were
properly interviewing a sufficient number of, ---
Rev. Gibson:, Do you have some local people involved?
Mr. Andrews: Yes, ---
Rev. Gibson: Let rte explain to my fellow commissioners,
why I am raising this, because I don't want anybody to get
the wrong impression. I serve on the Housing,---- on HUD
Board, and we voted just last week, for a six million
dollar contract, and I said any local people involved,
and you know what they asked me. said what difference
does that make, and I wish this were noon the record.
You should have imagined what I said and it wasn't a
church word, and I said what you talking about, these people
got to pay these taxes, and if you got a local qualified
man, I said let the record reflect that the next contract
you bring that I must vote on, you had better make sure
that you square that away with me. and I thought I'd better
say so I am being consistent, I can't do too much in the
County, but man up here, I am going to help: talk with my
fellow commissioners so we can get some local,
Mr. Plummer: So this is the firm you recommend, and
this is the firm the committee recommends, now what do we
do, we give you the right to negotiate, I so move.
Mayor Ferre: There is a second, is there further
discussion on this item? If not call the roll,-----•-
63
Thereupon the following motion was introduced
by Mr, PiumMer who moved its adoption:
MOTION NO. 74-604
A MOTION ACCEPTING THE CITY MANAGER"S RECOM-
MENDATION FOR SELECTION OF A LANDSCAPE
ARCHITECTURAL CONSULTANT FOR THE AFRICAN
SQUARE PORTION OF THE DR. MARTIN LUTHER
KING BOULEVARD PROJECT
upon being seconded by Mrs. Gordon, the motion
was passed and adopted by the following vote - AYES:
Mr, Plummer, Mr. Ribgso, Rev. Gibson, Mrs. Gordon and
Mayor Ferre. NOES: None.
43. QUIT -CLAIM DEED TO MIAMI DADE WATER AND SEWER AUTHORITY.
�OS�USS� �I�1O��YSEWA�G�E TREATMENT PLANT AND SITE
Mayor Ferret We have a quit claim deed to the Miami Dade Water
and Sewer Authority.
Mr. Plummer: The only thing I wanted to talk on, has there
been some hold up on our money from them for this year?
Mr. Andrews: We are, Mr. Bailey has been in contact with the
Water Department and arrangements are being made to transfer
the four. hundred and some thousand dollars that are due us
that's separate from the normal fee or normal ordinance re-
quirement. This was for the continued sewer maintenance that
we provided after the transfer took place.
Mr. Plummer: How long have they had the opportunity to pay
this bill?
Mr. Andrews: It has been about 4 or 5 months.
Mr. Plummer: I think we ought to just hold up this quit -claim
deed and tell the to come down here next time either with a
check in hand or come down here and explain why.
Mr. Andrews: Ok.
Mr. Plummer: I'm just saying tut. I'm tired of the County
telling me "Thank you, we owe you." Now I'm just tired of
that. How much damage is that going to do to them if any?
Mayor Ferre: It eight get us $600,000.
Mr. Plummer: That's right, we'll get paid:
Mr. Andrews: I don't know how to fully answer your question
at this time. I know your concern except I'm also concerned
that maybe we're creating a problem far more serious than the
$460,000 in that this $13,500,000, we need to move ahead on --
that. This is all predicated and this would be the last step
needed in order for that to move ahead.
Mr. Plummer: All right. Does this quit -claim deed preclude
our right of interjection, has our contract with them for
transfer been signed?
Mr. Andrews: No. sir.
Mr. Lloyd: Let as verify that, just a minute so we get this
straight on the record. This is a three party agreement.
The City of Miami has executed it. The Water and Sewer Depart-
ment has executed it. The County has not.
Mr. Plummer: Are you telling me this can go on for infinitua?
Mr. Andrews: We hope not.
Mr. Plummer: When is it going to be drawn to a conclusion?
Can the City withdraw?
Mr. Lloyd: The City would have to withdraw at this time but
your problem is that there has been a de facto transfer of the
Water Department to Dada County and Dade County has passed an
65
ordinaries taking over the r pertwent of Water and Sewers.
Mayer Ferret (tH& bif LI)
Mr. tloydt This is true and we'we been wielding it.
Mr. Pidier t We've got a stick but no money.
Mayor Ferret And you want to trade the stick for the money.
but What Patti is afraid of is that you might loose the money
and the stick.
Mr. Plummer: No. We might get back a Water Authority and
reduce our rates.
Mr. Andrews: In fairness to the Water Department, Water
Authority in this case, they have indicated that without
doubt that this will be paid to the City of Miami.
Mr. Plummer: Paul, how long have I heard that story about
the Court? How long have I heard that story about Interama?
I'm laying it on the line.
Mrs. Gordon: J.L., what do you want to do about it?
Mr. Plummer: I want my money. Now you tell me how to get it.
Is a two week delay going to hurt them? I'll tell you whit,
how about us approving it subject to the $600,000 that they
owe us, how about that? Put the bad rock on them. But now I
want to make sure that this does not preclude our right of
negotiation because if you read this funny book that they
just put out called a financial statement, and it is a funny
book. bid you see what they're going to offer us for our
property over there? You ought to see that one baby, that's
beautiful. It is called thievery!
Mr. Andrews: I haven't seen the booklet you're referring to.
Mr. Plummer: I'll make a motion, Mr. Mayor, that we give them
a quit -claim deed subject to them paying the monies due and
owing on this project to the City. Is that proper?
Mr. Andrews: I'm goingto find out between now and the time
you come back at 2:00.
Mr. Plummer: All right. That's fair enough.
The preceding motion introduced by Mr. Plummer, seconded
by Mr. Reboso was passed and adopted by the following vote -
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre.
MORS: Mrs. Gordon.
Mr. Plummer: Mr. Mayor, letme rescind that motion and make
it a motion that we defer it until Paul Andrews comes back
with the answers at 2:00.
Thereupon a motion to rescind the previous motion was
introduced by Mr. Plummer, seconded by Reverend Gibson and
passed and adopted unanimously.
66
, I111. 11 1Q74
44, D ENTAT1 ON QE SERVICE . TNT PLAQUES
RADWELL JR, ANITATION UEPT AND R,L MOORE, CITY CLERKS OFFICE
a. Presentation of plaque to Louis Bradwell, Jr. of the
Departant of Sanitation, retiring after 25 years of
service with the City of 14teai.
b. Presentation of plaque to Raymond I. Moore of the
Office of the City Clerk, retiring after 23 years
of service with the City of Miami.
THE COMMISSION RECESSED AT 12:30 P.M. AND RECONVEINED AT 2:30P.M.
45, ENTER INTO AGREEMENT THROUGH MANPOWER COUNCIL OF DADE AND MONROE
CaINTt FS TO IMPLEMFNT A MIAMI RECREATION SUPPORT PROGRAM
Mr. Plummer: Paul, am I getting back into a hassle on this?
Why are we going with them instead of on our own?
Mr. Andrews: Because these funds flow through this tri-party
agreement which is Hialeah, Metropolitan Dade County and the
City but then the agreement in this instance provides that
we're the manager of these funds.
Mr. Plummer: We're not loosing out on anything?
Mr. Andrews: No, sir, just the reverse.
The following resolution was introduced by Mrs. Gordon
who coved its adoption:
RESOLUTION NO. 74-605
A RESOLUTION RATIFYING THE AUTHORITY OF THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
METROPOLITAN DADE COUNTY, THROUGH THE MAN-
POWER PLANNING COUNCIL OF DADE AND MONROE
COUNTIES TO IMPLEMENT A MIAMI RECREATION
SUPPORT PROGRAM, AND FURTHER AUTHORIZING
THE CITY MANAGER TO INCLUDE CURRENT PROGRAM
EMPLOYEES ON THE PAYROLL WHILE THE AGREEMENT
IS FINALIZED AND SUBMITTED TO THE CITY COMMISSION
FOR APPROVAL.
(Sere follows body of resolution, omitted here and on
file in the 'City Clerk's Office.)
Upon being seconded by Mr. Plummer, the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Reverend Gibson, Mrs.Gordon, and Vice -Mayor Reboso.
ABSENT ON ROLL CALL: Mayor Ferre.
L 67
J U L 111974
46. RESOLUTION ` IMPOSE BUILDING PERMIT FREEZE IN AREAS COVERED BY
THE COCONUT GROVE ZONING STUDY UNTIL: JULY 2�. 974
The following resolution was introduced by Mr. Pluni ter
who moved its adoption:
RESOLUTION NO. 74-606
A RESOLUTION PROVIDING THAT NO APPLICATIONS
FOR BUILDING PERMITS SHALL BE ACCEPTED FOR
NEW CONSTRUCTION IN THE AREA COVERED BY THE
PLANNING STUDY FOR COCONUT GROVE UNTIL
JULY 26, 1974.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer and Vice -Mayor Reboso. ABSENT ON
ROLL CALL: Mayor Ferre. NOES: None.
46.a. At this point the City Commission adopted a prepared
resolution concerning a variance on lots 15 through
18, Highland Park (2-13), 1501 N.W. 9Avenue (National
Parkinson Foundation). See resolution no. 74-575.
47, QUIT CLAIM DEED TO MIAMI-DADE WATER & SEWER AUTHORITY
n!SCUSStON AND ADOPTION OF RESOLUTION WITH CONDITIONS
Mayor Ferre enters the meeting.
Mr. Andrews; Mr. Mayor and members of the Commission, in
fairness the Director of Finance was waiting until the agree-
ment and the Water and Sewer matter of this transfer was con-
sumated before he was prepared to bill the Department of
Water and Sewers for the cost of maintenance of the sanitary
sewer system in the City which had been carried on by our
Department of Public Works. About 5 weeks ago Mr. Bailey
decided that irrespective of whether the agreement was signed
or not that he should go ahead with the billing. He did so,
he then received a call from the Water Department indicating
that right after the new Water Department Budget was adopted
which was July 1, they would program this payment. They have
advised us today tint that payment will not be made any later
than the end of August. I indicated to them the Commission's
desire to pass the resolution authorizing me to enter into
the quit -claim deed for the treatment plant with the further
provision that this be contingent upon the receipt of those
funds and this is agreeable to them.
Mrs. Gordon: (INAUDIBLE)
Mr. Plummer: Almost a half a million dollars.
Mr. Andrews: This is about $460,000 in monies that they
owe us for the sewer maintenance that we have been performing
after the transfer of the Department of Water and Sewers to
L.. 68
JUL 111974
•
Metre. They were not able to pick up that increment of work
and asked that we continue performing the service of maintain-
ing the sanitary sewers. We did so and Specified in the agree -
Sent that hasn't been completed that this would be accomplished
by the City on the condition that we would bill the Water and
Sewer Department for the cost of performing the service.
Mr. Plummer: So my motion of this morning is in order.
Mr. Andrews: Yes.
Mr. Plummer: All right. I once again make my motion that we
pass item 15 subject to the payment of the monies owed to the
City of Miami which for the record has no objections of Mr.
Garrett Sloan.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-607
A RESOLUTION AUTHORIZING THE PROPER CITY
OFFICIALS TO GRANT A QUITCLAIM DEED TO
THE MIAMI-DADE WATER AND SEWER AUTHORITY;
TRANSFERRING TO THE AUTHORITY THE SITE OF
THE EXISTING VIRGINIA KEY TREATMENT PLANT
SUBJECT TO RECEIPT BY THE CITY OF MIAMI OF
MONIES OWED IT BY THE MIAMI DADE WATER AND
SEWER AUTHORITY IN THE APPROXIMATEAAMOUNT
OF $460,000.00.
(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-AVB: Mr. Plummer,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
48, PROPO- QED CHARTER AMENDMENT _- VACANCIES ON THE CM COMMissTnN
49, PROPOSED CHARTER AMENDMENT - SALARIES OF MEMBERS OF THE COMMISSION
Mr. Plummer: Mr. Mayor, 35.d. was your proposal so we waited
until you got here to make sure it is exactly what you wanted
about the resigning, the death or a vacancy period on the Com-
mission as to how it would be handled in the future and because
of that we waited until you got here.
Mrs. Gordon: How does this differ from the present, exactly
which words differ from the present Charter?
Mr. Plummer: Well basically, Rose, what it was....
Mrs. Gordon: I know what the basics were but I want to know
exactly.
Mr. Lloyd: If you will look to page 2 of the ordinance you
will see set forth that under our new system of preparing
amendments, you will note, Yes, you have a copy of it. It
is behind your blue sheet. It will be Charter amendment #4.
That WO are amending is section 13.a. entitled filling vac-
anoite in the Commission. Now to Count down 8 lines you will
see twlo sections underlined. That is the addition we are
adding. Count down three lines further and you will notice
sc a lined out areas. That is what is taken out and then
right after that the underlined portions are the additions
to the Charter. What the intent of the amendment is to pro-
vide for an election as soon as possible after the person has
been appointed to fill a vacancy for the Commission and not
having a year interveining.
Mayor Ferret Since this was somethiig that i had proposed,
it is very simple. In the Charter the way it exists now
if a person vacates the Commission can appoint or it can go
to an election but it has always traditionally been an appoint-
ed matter. Now all this does is that the appointment is good
for only the period of time that is left between the appoint-
ment and the next election. Usually it is is that it is the
next City election so that for examples if an appointment
is made it would be a period of two years. This way it would
never exceed one year because there is always an election
every year.
Mrs. Gordon: Ok. There is no other change then. It either
appointment or election at the time of a vacancy.
Reverend Gibson: Mr. Mayor, let me voice. I said then and I
want to do it now, when it first came up. I'm not opposed to
people standing for election. I want to make sure everybody
understands that. I've lived a life of constitutional govern-
ment and that's the way our church operates. You know what I
discovered sitting on this Commission? Any man, and I guess
the people would take me to pieces about this, you're going
to find it difficult, I want to tell you this and I hope many
of you will say I'm going to do one of those Plummer things on
you. You're going to say later on "Gibson told us so." Any
man in his good judgement who would accept an appointment on
this Commission and then shortly thereafter go to an election
such as being proposed, I just question how many good men
you're going to get to go for that, along with the fact, let
me point this out to the public. The cost of an election is a
terrific thing. Now the Mayor could afford it. The cost of
an election is a terrific thing for a man and I would tell you
right now, if I knew then what I know now.. You see gentlemen,
what I'm also saying is constitutional government there is no
way in the world to escape the orderly process of constitutional
government and the provision was made. Now I understand the
Mayor and I understand what some people are saying but I want
to say to you that you're going tomake it impossible because
if a man, for instance, if I run, when I ran, how many years
was that, three years..... The expenditure to run for City
Commission, a man has to be out of his mind along with the
fact. I want to make this observation, along with the fact
that the salary you're already up here, maybe you haven't told
the public this, there's some of us saying "Why in the hell
anybody is going to run for a $5000 a year job?" All I'm
trying to warn us, I'm trying to warn us of some pitfalls and
dangers. Man, they're clear to me. Either you're going to
have to pick off the public as some people are being accused
of doing/ I don't mean us. I'm talking about in the National
Godernment. Or either, you know. And I just want us to know
it's all right to play to what some of these folk are saying
but some of the people cb n't understand that part that isn't
written. Let me put it another way. The constitutional proc-
ess says that we who sit here must substitute our judgement
w
70
JUL 111974
for the people. ale live that way daily anyhow. Secondly,
the people need to know that they pay us $5000 a year which
ie $154 dollars every two weeks or some such figure and you've
got to be out of yours Mind to take all the flack for $5000 a
year. What We're going to do, I just want to make the follow-
ing grant; what we're going to do is we're going to find it
hard and we're going to put an awful lot of good people in a
petition that they're going to tell us they don't want to
serve and then we'll defeat ourselves this way. We'll then
turn over the City because you won't be able to get good men
to operate this government.
Mrs. Gordon: Why don't you ever say woman, Father?
Reverend Gibson: Rose, being a clergyman in the Episcopal
Church when we say men it doesn't mean male or female - that's
man, mankind whether you're man or woman or he, she or both
split, you know what I mean, one of those things.
Mrs. Gordon: I was just teasing you.
Mayor Ferre: Father Gibson, I think you know how much I
respect you personally as a man and your opinion. I'm sorry
we differ in this. I think it is not that much of a differ-
ence. I don't think that... A11 this really does is it
doesn't change the system it modifies it like we modify our
zoning laws or up -grade them and this still permits a man to
be appointed. I recognize the point about the expense but
I'm going to propose in just a moment or at the end of the
day that we put on the Charter for change in the increase of
salaries for the members of this Commission, not this present
Commission but the ones as you're elected because obviously
we can't do it for ourselves because I think there is a legal
problem in that. But we certainly could vote for it as we
get elected.
Reverend Gibson: Let me answer you quickly. They're tied
together for me. I'll tell you what you do, Mr. Mayor. You
put the two of them before us at the same time I'll vote. I'll
feel more comfortable because let me what I discover. You pay
for nothing - you get nothing.
Mayor Ferre: Well, I'm going to do it the other way around.
Reverend Gibson: I don't want you to increase my salary.
When I run for office after the increase I'll run knowing.
But I'll tell you I want all of the people out here to hear
that some of my fellow Commissioners have said to me "You
know we must be crazy to work for $5000 a year". And all I'm
saying to you is if you do this what you ought to do is put
the salary on at the same time. I think that is fair so that
good people, capable people would know fully in advance. I
won't tell you... You may not pay me any mind but watch what
is going to happen.
Mayor Ferre: All right. I'm going to do it another way with
your permission. I'm going to pass the gavel over to the
Vice -Mayor and I want to sake the following motion before we
get to this one. I move you sir, that the City of Miami puts
on the Charter because this will be a Charter amendment, are
you with me, John? OK, get your secretary in here.
Mrs. Gordon: While he's getting his secretary can I offer a
few comments? My personal feelings are that the appointive
-' L.. 71
JUL 111974
system is all wrong anyway. As far as i'm concerned special
elections are the route to take. I truly believe that when
you face the public and the public puts you in you go in know-
ing full well where you're going and why you're going there
and what kind of a job you're promising the people and that's
the kind of a job you're going to do for the people. I under.-
stand your concern, Father, but I mean, you know, I call myself
a public servant. I really believe I am. I work for the people
and I'm not getting paid what I would work for myself in my
own business but I'm working for the people, so are you and
so are my fellow Commissioners and that's part of our public
service. That's public service. We're not getting paid for
what we would in private industry and I would go for no appoint-
ments at all. I would like to see that route taken.
Reverend Gibson: I want to respond since I raised the question.
Let me tell you this: I hope I don't live long enough to say
to you - I told you so. Now anybody in his right mind must
understand, maybe the people out there don't understand what
I'm saying but my fellow Commissioners understand so that if
you don't get a fair reasonable compensation for the anguish
and worry that you endure up here you've got to get it other-
wise. Mr. Mayor, I could understand you, you understand, you
don't need it. Well I'm going to tell you. this I ain't kidding
about mine. I need all I can get and some more.
Mr. Plummer: Father, if they set a price tag on how much it
would be to compensate us for the anguish - Fort Knox ain't
got that much coney.
Mrs. Gordon: That's the way I think.
Mr. Plummer: The only statement I wanted to make, as far as
I was concerned, I have never since I've set on this Commis-
sion had any qualms about subjecting any subject to the voters.
Because of that I will vote with the motion. I have my own
personal thoughts. As an individual voter, when I pull that
little lever as to what I will do but the Mayor sees fir to
subject this question to the voters and i see nothing wrong
with any question being submitted to the voters for their
opinion and because of that I will vote for this motion.
Mayor Ferro: Let ae in preface to making the motion make this
point. I'll try to make it short but I think it is an import-
ant matter. You know in Greece they used to have a form of
government in which the free men of Athenswould stand up and
vote on every important matter. That was a direct democratic
system. Now we don't have that in the United States. We have
a republican form of government. In a republican form of
government the people select people to make decisions. There
is a difference. Now it is a compromise. American democracy
is nothing more than a series of compromises that serve the
people the best. It's not the best but as best as we can
reasonably do. Now the Charter of this Commission of the City
as the Charter of the County provides for the appointment
when there are vacancies at the Commission level. That was a
compromise. What this Charter amendment will do is it will
further compromise and simplify the process because since we
have an election every year anyway in November whether it be
the City election on odd years or the regular election on
even years. This provides a system in Which we can appoint
officials but they must submit themselves to the electorate
on a yearly basis so that the appointment will never be more
than a period of one year at the maximum. It would probably
be much less because the odds are that it would always be
72
JUL 111974
beyond Movember since there are 12 months in a year. Now I
think that father Gibson Stated here is very very important.
aft, the lamlt time the City of Miami Commission had a raise
Was back in the 1940's. It was 20 same odd years ago. This
City CoMMissioa hes not had a raise for 20 some odd years.
Mow if you were to go to a banker and ask him "what is $5000
of 24 years ago worth today?" I guarantee that it would be
well in access of $10,000. So in effect I'm going to make a
motion in a moment that we go to the electorate and request
that the City Commissioners be compensated on the basis of
$15,000 a year. I think that is a reasonable figure that is
less than the $22,000 that was requested for the Metropolitan
Dade County Commissioners and I think that ours is a smaller
unit; that doesn't mean we work less but it's a smaller unit,
we are part time employees so to speak of the City, we're not
full time and it isn't supposed to be a full time job. I
would be reluctant, and I think Commissioner Plummer even
though he didn't specifically state that reason, I think that
is very much in his mind and it is very much in my mind. 1
would be reluctant to make the amount so large that it would
become a full time job because that is not the intention of
our Charter. That is not the intention of the way our govern-
ment runs. This is a City Manager form of government and I
think it would be a very dangerous precedent to have people
that would be doing nothing else but dedicating their time
100% to theCity because inevitably they're going to start
interferring even though they may not to, with the adminis-
tration and that certainly is not the intent. The case of
the Mayor, I want to be very explicit in this; I think it
would be an extremely dangerous thing for us to make the Mayor's
job a job that people would consider as a full time job. I
don't in any way want to criticize my associates and my many
friends in the Florida Legislature. I think theFlorida Leg-
islature when the set the salary at $16,000 may have attracted
to a part time job a lot of people who really make their full
income opt of that job. For the Mayor to become a full time
job in theCity of Miami, I think would go right to the heart
of the problem and it would be an inducement for a Mayor to
become a full time Mayor even though the Charter does not
provide it and it would speak against the Charter as we have
now. In other words, the Manager form of government. I am
going to make my motion in the following way and I hope that
it is understood in the best sense of the word as to exactly
what my intentions are; that even though we increase the
salary of the Commission to $15,000 that the Mayor's salary
not be increased so that it will unquestionably be a part time
job. I think that the $15,000 for a Commissioner is more than
deserved - you can say the same about the Mayor's job but on
the other hand I think there is less of a risk of a Commissioner
becoming a full time or less of a problem of a Commissioner
becoming a full time Commissioner other than, and I think there
is a distinction there and I think we ought to try to speak to
that distinction. That is just my personal opinion as one
individual and therefore, based on all of this I would like to
make the following motion: That the City Attorney be instruct-
ed to prepare the proper motion, or what would it be?
Mr. Lloyd: The City Attorney be instructed to prepare an ordi-
nance for a Charter change making the salaries of Commissioners
$15,000 and the Mayor $5000.
Mayor Ferret You don't have to change the Mayor because the
Mayor already gets $5000. So just leave that alone and that
would be of course those Commissioners elected subsequent to
the voters so that nobody would say that we're self serving.
73
JUL 111974
Reverend Gibson: Mr. Mayor, I want to go along with it. You
have now put Me where 2 can live with both things we want to
do. 'ghat I want to object, I want to object vigorously to
having the Mayor $5000 and the Commission $15,000. As long
as'you're serving that is fine but I want to be able to attract
Men who aren't financially situated as you are for the benefit
of the public. The Mayor is a man who receives no compensat-
ion, wouldn't have it. But what about a good man who is not
similarly situated? I think that we ought to say to the pub-
lic pay the 5 men $15,000 and if they want to turn it in let
them turn it in and then we'll be able to attract good men to
run, and women whether it is the Mayor or whether it is the
Commission.
Mr. Plummer: Father, i want Ron, I want you and Woody to hear
this because I think this is something that hasn't been said
that should be said for the record. To the best of my know-
ledge that Mayor Ferre has never accepted one penny of salary
from this City during the time he was a Commissioner... Well
it does, because it could be a bad reflection back, that he has
never taken a penny of salary since he has been a Commissioner
nor has he taken a penny in salary since he has been the Mayor
and I think that is very important.
Mayor Ferre: Well anyway, that's my motion.
NOTE: Vice -Mayor Reboso relinquished the chair to Commissioner
Plummer.
Mr. Plummer: Motion made, would you repeat the motion for the
clarification of everyone.
Mr. Lloyd: May I do that, Mr. Mayor, because it will require
a resolution to be drafted. The motion to change the Charter
to provide for salaries for the Commissioners of $15,000 per
annum and for the Mayor to remain the same at $5000 per annum
and to become effective as new Commissioners are elected.
Mayor Ferre: Since the Mayor's salary is already $5000 you
don't have to say a word about that.
Mr. Lloyd: Yes we do because we don't want to make it, we've
got to make sure that the voters understand it properly.
Mayor Ferre: That's alright.
Mr. Plummer: Just for my clarification, that's when a new
man takes office or after the election of next year?
Mr. Lloyd: Just remember that the Mayor is actually paid as
a Commissioner too under the Charter so it has to be clarified.
Mr. Plummer: Now is that effective as a new man takes office
or is that effective at the next election next year? What was
the intent of the maker?
Mayor Ferre: The intent is that that would be after the voters
approve it it would be at the next election.
Mr. Plummer: In other words, if the voters approved it next
November it would become affective next November.
Mr. Lloyd: I
understanding
the increase.
want to make sure that I understand it now. My
was that this present Commission would not get
Now if you wish to have this present Commission
74
JUL 111974
get it it becomes effective November 5th as it is voted upon
which I'm perfectly happy to do. All I want to do is get the
intent of the CoMMission.
Mrs. Gordon: May 1 remind you that enly two Commissioners
run in 1975 and that two of the present Commissioners will
not be running until 1977 so you Must be very explicit in
what you're talking about.
Mr. Plummer: What does the maker of the motion want?
Mayor Ferre: Let me ask thia because 1 think it is a very
valid point. It would be unfair for two Commissioners to be
making $15,000 and for two to be making $5000. Let ne ask
this question if I may. There is nothing wrong as long as
the voters pass it for it to become effective immediately
is there? Legally?
Mr. Lloyd: right now, go ahead and pass it because we have
to get it to Dade County at the next Commission meeting and
we'll prepare it this afternoon. This way, in the event tilt
I find something wrong with it I'll let you know but I have
one but of a qualm. There has been some law that you can't
raise your own salaries at the time but I think that has been
changed.
Mayor Ferre: Well if the electorate votes for it don't you
see then it is their will and I don't see any court....
Mr. Lloyd: I'm not concerned over it at this time.
Mayor Ferre: Ok. So the maker of the motion and the intent
is this because I don't think we can discriminate. You can't
have two Commissioners making 15 and two making 5. It would
be the intention of this motion that it be, if the electorate
vote for it that it be effective whenever it becomes law, 30
days after or whatever it is.
Mr.. Lloyd: We can make an effective date in there. Why don't
we just make it December 1 of 1974.
Reverend Gibson: Mr. Mayor, I want to be constructive. I
have some real problems with voting for a salary for four people
at one rate of pay and another at another. I don't think it
is fair to the people of the City or do I think it is to the
people of the City that you must ask to serve. Now I under-
stand the Mayor and I would hope that since all of us know
that the Mayor isn't concerned that we not inflict this upon
another man, that we vote the salary and if the man does not
feel like he wants to take that salary that he not take it.
I think it is a grave danger.
Mr. Plummer: Father, are you offering an amendment?
Reverend Gibson: No, I'd like to offer a substitute motion
to.. That the salary of the Commission be, that would mean
the five of us, $15,000.
Mr. Plummer: That's an amendment.
Reverend Gibson: All right, an amendment then.
Mr. Plummer: Does an amendment need a second then? Can either
one of the maker or the second of the original motion make the
second? Does any one want to second the amendment? The
75
JUL 111974
aMendeetit, Rose, very simply is that all five including the
Mayor be paid $15,000. That is the amendment. Does anyone
want to second that?
Mrs. Gordon: r would like to speak to the whole proposition.
I think the Whole thing is untimely, I don't think we should
be taking any action on this whatsoever. I think the Metro-
politan Dade County has placed something similar to this on
the ballot. I think it would be good judgement on our part
to do nothing just to see how the people react to the County
Charter change and then there are other elections in other
years and we can go from there. But I think at this point
in time I'll vote against the motion.
Mr. Plummer: Any other discussion or a second to the amend-
ment? Is there a second to the amendment? Is there a second
to the amendment? Hearing none the amendment dies. We will
vote on the original motion, the original motion being that
the salaries of the four Commissioners not including the Mayor
be raised to $15,000 which is a motion to put it on the ballot
November, for the referendum of the people, made by Mayor
Ferre seconded by Commissioner Reboso.
Mrs. Gordon: All right, for the sake of getting it on the
table I'll second the motion. That doesn't mean I'll vote
with it but I'll second it.
Mr. Plummer:
Mrs. Gordon:
Mr. Plummer:
be included.
Mri.. Gordon:
Are you saying the amendment?
Yes, to get the amendment into the motion.
The amendment to the motion is that the Mayor
It is now seconded by Mrs. Gordon.
It is clearly understood that it does not have
anything to do with the way I will vote on this motion.
Mr. Plummer: Is there any further discussion on the amendment
to the motion? Searing none, call the question. ,
Mr. Southern: Mr. Reboso?
Mr. Reboso: No.
Mr. Southern: Reverend Gibson?
Reverend Gibson: Yes.'
Mr. Southern: Mrs. Gordon?
Mrs. Gordon: No.
Mr. Southern:
Mr. Plummer?
Mr. Plummer: No.
Mr. Southern: Mayor Ferre?
Mayor Ferre: No.
Mr. Plummer: The amendment fails. Is there any further dis-
cussion on the gain motion? Is there any further discussion?
Hearing none, Mr. Clerk, call the roll.
Mr. Southern: Reverend Gibson?
Mood Qibs! u �'ee
Ar
Southern: Mfrs. Cordon?
lr8 0Ordent NO.
Mr. Southern: Mr. Plummer?
Mr. Plummer: I'll vote last.
Mr. Southern: Mr, Reboso?
Mr, Reboso: Yes,
Mr. Southern: Mayor Pierre?
Mayor Perrot Yes.
Mr. Southern: Mr. Plummer?
Mr. Plummer: In voting no 1 wish to state that I have served
for 41/2 years on this Commission at the salary of $5000. I
would like to state that i don't consider it at any cost a
salary. It is merely a reimbursement of some of the expenses
which I am out of pocket. i an not working at this job for a
salary. I do it for public service. I think it something that
we are subjected to. I don't think there is any amount of
money that could compensate for the pressures, the flack and
everything else that we take here at this table. I do not do
it for a salary, I have a job and occupation which I work at
for a salary and I think this is nothing more than merely re-
imbursement to help us compensate some of the expenses. I
vote no.
Mayor Ferre: J.L., This is not a rebuttal but I want to make
a simple statement. I would accept the premise that yoive
established. The point is that $5000 twenty-four years ago,
What is the value of $5000 twenty-four years ago today? I
would guarantee you that it would be in access of $10,000 in
1974 dollars and probably a lot closer to $15,000. That's
where I got my figure of $15,000. A dollar of twenty-four
years ago is worth probably around 50* or less today in 1974
dollars. I agree with you and that's exactly why I want to
make triply sure that in the Mayor's case tint there is no
temptation or any question about that being nothing more than
a part time job. Now I don't think that in any way excludes
anybody from running from that office anymore than.. $15,000
certainly is not going to be considered as a salary as you
just pointed out and the last thing was that you know we're
not deciding this we're going to let the electorate decide
that.
Mr. Plummer: Mr. Mayor, (1) I think the $5000 is good and
I'll tell you why. I believe it would keep someone from try-
ing to make this a full time occupation. There is no way
anyone could survive on $5000 a year so it would have to
attract those people who have a full time profession that
would do this on a part time basis as I think everyone of us
up here do. (2) Mr. Mayor, we have always been priviledged
or honored or trusted when we have expenses which are not
the ordinary expenses, the privilege of submitting a voucher
for payment and I think that has always existed and I think
it is a good system. We produce our bills, we give them to
the City Manager and he pays us for reimbursement. I would
vote, Mr. Mayor, today to eliminate the$5000 salary simply for
L. 77
reimbureeaent of .%penees. It might edge Out more than $5000.
It probably would but t mould vote today to eliminate sty salary,
just reitgburse ate for the expenses out of pocket t) t I incur
by City business. But $5000 is ghat is in the Charter, I
think it is a good figure and ttn is why I voted against the
motion.
Mrs. Gordon: 1 just wanted the record to reflect I take no
expenses for gas, oil, parking fees or anything else in any
travels, my duties. 1 am a' public servant. I'm proud of it.
1 enjoy what I'm doing. I get a great of fulfillment and
satisfaction - you do too and you're not working for $5000
you're working because you love what you're doing.
Mr. Plummer: Mr. Clerk, will you announce the tabulation of
the vote on the main motion.
Mr. Southern: The motion passed 3 to 2.
50, RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE CHARTER
AMENDMENT REGARDING VACANCIES ON THE CITY COMMISSION
The Mayor read the proposed resolution by title.
Mrs. Gordon: I'd rather have it just a straight election
but I can imagine how that vote would go here.
Mayor Ferre: You know, since you made that statement Rose,
let me on the record, Mr. Andrews, would you tell me what does
a special election of the City of Miami cost the City taxpayers
approximately?
Mr. Andrews: Between, depending on the nature of the subject
matter and you have to speculate as to how many people are go-
ing to con, to the polls, you're talking of between 20 and
$30,000.
Mrs. Gordon: I recall that because when we just had one elect-
ion in 1971 and not a run-off I was told that the savings to
the City was around $22,000.
Mr. Andrews: It depends on the number of people and the number
of poll workers and the number of machines set up.
Mrs. Gordon: And for the benefits that the public have in
selecting who they want to serve over whether we select our-
selves who we want to serve it is certainly worth that much
money to people who are taxpayers and that is where we differ.
Thereupon the following resolution was introduced by
Mayor Ferre who moved its adoption:
RESOLUTION NO. 74-608
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN AMENDMENT TO
THE CHARTER OF THE CITY OF MIAMI TO BE
SUBMITTED TO THE ELECTORS OF THE CITY OF
MIAMI IN THE NOVEMBER 5, 1974 STATE OF
FLORIDA AND DADE COUNTY GENERAL ELECTION
FOR THE PURPOSE OF PROVIDING THAT IF A
VACANCY OCCURS ON THE CITY COMMISSION THAT
SUCH VACANCY SHALL ONLY 88 FILLED BY AN
APPOINTMENT FOR A PERIOD OF TIME TEAM/NAT/NO
AT SUCH TIME SAID VACANCY I8 FILLED AS THE
RESULT OF AN ELECTION HELD AT EITHER (1) THE
ODD YEAR CITY OF MIAMI GENERAL ELECTION AT
WHICH ELECTION THE MAYOR AND TWO COMMISSIONERS
ARE ELECTED, OR (2) THE EVEN YEAR, STATE OF
FLORIDA GENERAL ELECTION AT WHICH ELECTION
NATIONAL, STATE AND COUNTY OFFICES ARE FILLED,
WHICHEVER IS HELD FIRST.
(Here follows body of resolution, omitted here and on
file in the. City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mayor Ferre and Vice -Mayor Reboso.
NOES: None.
51. ORDINANCE SETTING FORTH PROPOSED CHARTER AMENDMENT
REGARDING VACANCIES ON THE CITY COMMISSION
The City Attorney announced that each Commissioner had been
furnished a copy of the ordinance and that copies are avail-
able to the public, whereupon the ordinance was read by title.
An ordinance entitled:
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT AMENDING SECTION 13-A
OF THE CITY OF MIAMI CHARTER (CHAPTER 10847,
SPECIAL ACTS OF FLORIDA, 1925, AS AMENDED)
FOR THE PURPOSE OF PROVIDING THAT IF A
VACANCY OCCURS ON THE COMMISSION SUCH A VACANCY
SHALL ONLY BE FILLED BY AN APPOINTMENT FOR A
PERIOD OF TIM}3 TERMINATING AT SUCH TIME
SUCH VACANCY IS FILLED AS THE RESULT OF AN
ELECTION HELD AT EITHER (1) THE ODD YEAR CITY
OF MIAMI GENERAL ELECTION AT WHICH ELECTION THE
MAYOR AND TWO COMMISSIONERS ARE ELECTED, OR (2)
THE EVEN YEAR, STATE OF FLORIDA GENERAL ELECTION
AT WHICH ELECTION NATIONAL, STATE AND COUNTY
OFFICES ARE FILLED, WHICHEVER IS HELD FIRST;
AND SUBMITTING SAME TO THE ELECTORS OF THE
CITY OF MIAMI IN THE NOVEMBER 5, 1974 STATE
OF FLORIDA AND DADE COUNTY GENERAL ELECTION;
PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT
SHALL BE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NO. 4; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE.SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
!MEMBERS OF THE COMMISSION.
79
E �. " 1 1974
wab introduced by Meyer Ferro and seconded by Reverend Gibson
for adoption as en emergency measure and dispensing with the
requirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Mrs. Gordon, Mr. Plum-
mer, Mayor Ferre, Reverend Gibson and Vice -Mayor Reboso.
NOES: None. Whereupon the Commission, on motion of Mayor
Ferree seconded by Reverend Gibson, adopted said ordinance by
the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mayor
Ferree Reverend Gibson and Vice -Mayor Reboso. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8287.
1
SO
JO_ i 11974
4
521 PEOPLE TO PEOPLE-TRANsFLR 0 ' EQUIPMENT TO BOGATA, COLUMBIA
REPORT BY .COMMI SS 12)NEa PtUMM t ETC,
Mayor Ferret Mr. Plummer, would you give us a report on the
recent trip that you took to Columbia on the Sister City Prog-
ram, People to People? As everyone knows the Sister City of
Miami is Bogota and there was recently 50 some odd people from
Miami that went on a trip to Columbia to Bogota headed by
Commissioner Plummer.
Mr. Plummer: Mr. Mayor, I'll make this very brief. I went
as your representative and the representative of the City of
Miami heading up the delegation of 55 people. We left last
Wednesday morning and returned to the City on Sunday. Mr.
Mayor, the program -Sister City Program with Bogota was most
enjoyable for those who went down. We had extensive meetings
all of the 5 days that we were there from the Ambassador of
the United States, the Mayor of Bogota, the Police Chief, all
of the officials were there to meet us and greet us and show
us what Bogota had to offer. We're speaking of a city of 3'A
million people. The needs of 31/2 million people are great.
They expressed to us in no uncertain terms what we the people
of the City of Miami could help them do in the needs of their
people. Very basically, Mr. Mayor, their needs are just like
ours. They have the same problems somewhat magnified as to
what we have here in Miami. I would tell you that everyone
on the trip was greatly impressed with the way that they were
able to operate under very trying conditions. Mr. George Hol-
land seated here in the audience was on the trip with us. We
were received very hospitable by all of the people. Every-
where we went we were recognized. We were in a group and I
think that we did the City of Miami a great deal of good in
the Sister City Program. I would like, Mr. Mayor, to present
to you one of the great poets and music critics of Columbia
is a Dr. Herrera -this is a record, Mr. Mayor which ,is to be
given to you and a book of poems by Dr. Herrera and he asked
that I give this to you on the Simon Bolivar history and on
behalf of Dr. Herrera, I would like to present this to you
at this time.
Mayor Ferre: Thank you very much.
Mr. Plummer: I would also, Mr. Mayor, tell you that I have
never went and presented so many keys to the City of Miami in
a short span of time. Most of the times it was reciprocal and
I was not going down with a great deal, or coming back with a
great deal of overweight as I went down. Mr. Mayor, the entire
55 people in the group decided that Plummer shouldn't have to
lug back hundreds of keys to cities so we got together and we've
got another present for you.
Mayor Ferre: That's what I was worried about.
Mr. Plummer: Is the photographer here? Mr. Mayor, the people
of the Sister City Program wish for me to present at this
time all in one lump sum, the keys that we received from the
City of Bogota. Mr. Mayor, on the serious side I came back
and I've already had a discussion with the City Manager to
give you an example: It was stated to us that they hoped the
City of Miami would not disgard anything without giving Bogota
consideration and if they couldn't use it or they couldn't see
fit of some way to alter it or maneuver it to let them throw
it away. I have a resolution prepared here today to allow
the City Manager the authority of going through our dusty
shelves seeing what, if any we have of equipment in any manner
that could be declared surplus that we in exchange could send
- 81
jor► i. a.11974
down to Bogota. If he finds Such it would give him the author-
ity to proceed with the necessary paper work to proceed. If
you want that in the form of a motion, Mr. Mayor, I would be
happy to make it in the form of a motion.
Mayor Perre: George, do you want to say something?
(Inaudible)
Mr. Plummer: Well, Sister City Program - right. It is
through that.
Mr. Andrews: Let's confine this to our Sister Cities. It
gets completely out of hand if you don't.
Mr. Plummer: George, the other areas that you're concerned
about will be covered in the general area of Bogota. There
is no question about that.
Mr. Andrews: They are covered through the State program
with the State of Florida to the Nation of Columbia.
Mayor Ferre: I'm sure Bogota might arrange for something to
be loaned to another....
Mr. Plummer: Mr. Mayor, let me bring to you, if I may, the
words of the press aid of the American Ambassador. Some four
months ago this city had a fire apparatus which was declared
surplus and was given to the City of Bogota. Mr. Mayor, the
first words out of his mouth were that we, the people of the
United States -in particular, Miami received a million dollars
worth of publicity from that one gesture. There is no quest-
ion. Just to give you an example, the City of Bogota has 25
fire trucks. They told me that if at any one time that had
15 running and operating that they were very pleased. They
have 8000 policemen and a total of 50 radios to operate 8000
policemen.
Mrs. Gordon: In how large an area?
Mr. Plummer: Three and a half million people - 8000 police-
men.
Mrs. Gordon: Look at the proportion they have per capita.
Mr. Plummer: Rose, I'll tell you a little joke. I said to
the Police Chief "What do you do if one of your men get into
trouble?* He says "Well what do you do in your country?" I
said "Well he gets on a radio, he screams for help and they
come from everyshere." He sais "On no. That isn't what we
do down here." I said "What do you do down here?" He says
"We find out how good a policeman he is." It is unbelievable.
The following motion was introduced by Mr. Plummer who
moved its adoption:
MOTION NO. 74-609
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO CONDUCT AN INVENTORY OF
THE CITY OF MIAMI'S EQUIPMENT AND SUPPLIES
AND TO TRANSFER ALL SURPLUS AND OBSOLETE
EQUIPMENT, AND OR SUPPLIES TO THE CITY OF
BOGOTA, COLUMBIA, MIAMI'S SISTER CITY.
Upon being seconded by Vice -Mayor Reboso the motion was
+B2 ...1.1974
r
passed and adopted by the following vote -AYES: Mr. Plummer,
Mr. Reboeo, Reverend Gibson, Mrs. Gordon and Mayor Ferre.
NOES: NnnA
53. APPOINT J. L. PLUMMER AS CITY REPRESENTATIVE TO THE
pFnPU _TO .PEOPLE COMMITTEE FOR THEIR SISTER_ CITY PROGRAM
Mayor Ferre: I would like to personally thank Commissioner
Plummer for having headed this group over 50 Miamians to
Columbia. I have heard directly from the Mayor's Office and
from other sources that it was a very successful trip and 1
think that Commissioner Plummer represented the City of Miami
very well in every occasion. I understand he only got about,
4 hours sleep in three days and he had to recuperate and rest
since. I think that we certainly owe him a debt of gratitude.
I was asking him, and I recall that Mayor Kennedy had appoint-
ed Commissioner Plummer as the City's liaison man on the Sister
City Program several years ago. I think it might be appropriate
to reiterate that and I would like to so appoint Commissioner
Plummer, perhaps we might do it more formally in the form of
a motion.
The following motion was introduced by Vice -Mayor Reboso
who moved its adoption:
MOTION NO. 74-610
A MOTION APPOINTING COMMISSIONER J.L. PLUMMER
AS THE CITY OF MIAMI'S REPRESENTATIVE TO THE
PEOPLE TO PEOPLE SISTER CITY PROGRAM.
Upon being seconded by Mrs. Gordon the motion was passed
and adopted by the following vote -AYES: Mr. Reboso, Reverend
Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
ABSTAINING: Mr. Plummer.
Mr. Plummer: Mr. Mayor, you might be able to read this.
This was on the front page of the largest circulated paper in
Bogota.
Mayor Ferre: I would prefer if you read it to us.
Mr. Plummer: You would prefer if I read it - it is all Hebrew
to me. Some 6000 circulation.
Mayor Ferre: I think it also would be Appropriate to pass a
resolution formally worded thanking the President of the Com-
mittee who is Mr. John Corrigan and to the committee as a
whole for the fine job that they are doing and that they've
done in this.
54, j1{ANKING PEOPt E TO PEOPi E COMMITTEE
The following motion was introduced by Vice -Mayor Reboso
who moved its adoption:
MOTION NO. 74-611
A MOTION THANKING THE PRESIDENT, JOHN CORRIGAN
AND THE MEMBERS OF THE PEOPLE TO PEOPLE COMMITTEE
FOR THEIR EXCELLENT WORK.
Upon being seconded by Mr. Plummer the motion was passed
and adopted by the following vote -AYES: Reverend Gibson, Mrs.
Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
Mrs. Gordon: Would it be out of order, Mr. Mayor, to ask you
since you set the trip up why you didn't go?
Mayor Ferre: ''Yes. I had an emergency and I had to go to
Europe, Mrs. Gordon. It was a personal problem that 1 had
in My famiiy, Rose.
Mrs. Gordon: I'm not prying. I just knew you had set the
trip up and I wondered why you didn't go.
Mayor ?erre: Unfortunately, I had a personal problem that I
had to attend to.
1
55. ORDINANCE SETTING FORTH PROPOSED CHARTER AMENDMENT
DEPUTY. CITY MANAGER
The Mayor read the ordinance by title.
Mr. Plummer: (INAUDIBLE)
Mayor Ferre: What he's doing is he's voting to put it on
the ballot, that's all.
An ordinance entitled:
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT, AMENDING SECTIONS 19
AND 62 OF THE CITY OF MIAMI CHARTER FOR
THE PURPOSE OF ADDING DEPUTY CITY
MANAGERS TO UNCLASSIFIED POSITIONS IN THE
SERVICE OF THE CITY BY ADDING THE TITLE OF
DEPUTY CITY MANAGER TO SECTION 62, SUB-
SECTION (1) (a), AND IN SECTION 19-C
AUTHORIZING THE COMMISSION BY ORDINANCE
TO CREATE THE OFFICE OF DEPUTY CITY
MANAGER AND PROVIDING FOR THE APPOINTMENT
OF THE NUMBER OF DEPUTIES AS THE COM-
MISSION DEEMS APPROPRIATE; AND SUBMITTING
SAME TO THE ELECTORS OF THE CITY.OF MIAMI
IN THE NOVEMBER 5, 1974 STATE OF FLORIDA
AND DADE COUNTY GENERAL ELECTION; PROVID-
ING THAT THIS PROPOSED CHARTER AMENDMENT
SHALL SE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NO3; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT,
INSOFAR AS THEY ARE IN CONFLICT; CONTAINING
A SEVERABILITY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE; DIS-
PENSING WITH THE REQUIREMENT OF READING THE
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
was introduced by Mr. Plummer and seconded by Mr. Reboso for
adoption as an emergency measure and dispensing with the re-
quirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Mrs. Gordon, Mr. Plum-
mer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None.
Whereupon the Commission, on motion of Mr. Plummer, seconded
by Mr. Reboso, adopted said ordinance by the follw ing vote -
AYES; Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and
Mayor Ferre. NOES: None.
sup ORDINANCE WAS DESIGNATED ORDINANCE NO. 8288.
Mrs. Gordon: On discussion, how do people actually know what
you're referring to when you give them a Charter change like
this?
84
111974
•
Mayor Ferret ?outhave to give it s0m publicity, t would
imagine the press is gc.ing to do that anyway and I'M sure the
editorial departments will and i hope that the City will also.
Mr. Andrews: Yes, I have to be careful in this area too and
take My directions front the City Coe eeion because we have
to be careful...
Mrs. Gordon: Well when you
the knowledge, let's put it
them will they also receive
to coat them as part of the
they want to pass this?
Mr. Andrews: Sure.
give the people the publicity or
that way, of what this means to
the amount of money it is going
consideration of whether or not
Mrs. Gordon: They will or they won't? What would be the
normal procedure?
Mr. Andrews: That would be up to the Commission as to the
way they wish to proceed with this matter. That's why I
say I'm going to be very careful and take my direction from
the Commission because this is a matter in which the Commis=
sion is going to thepublic.
Mrs. Gordon: I certinly believe that if you're going to
give the public something like this you have to tell them what
it means to them in dollars and cents.
Mayor Ferre: I agree with that.
Mrs. Gordon: If they feel that they want to modernize the
structure and pay the money to modernize it then they will
vote for it.
Mayor Ferre: That is a separate item but I think you're
absolutely right and I would entertain a motion if you want
to make one after that.
The Mayor announced that each Commissioner had been furnished
with a copy of the ordinance and that copies are available to
the public.
REQUEST CITY MANAGER TO INFORM PUBLIC THE SUBSTANCE OF ALL
56, PROPOSED CHARTER AMENDMENTS INCLUDING THE COST OF IMPLEMENTING
EACH ONE
Mrs. Gordon: How do we handle the part you just asked for,
by resolution, just a motion or what?
Mr. Plummer: (INAUDIBLE)
Mrs. Gordon: No, we're talking about a policy type of decis-
ion. The manager is asking for direction.
Mayor Ferre: The way we've always handled it in the past, as
i recall, we prepare a brochure in the City and the brochure
is passed out by the Sanitation workers. Is tilt right?
Mr. Andrews: Yes, but you don't
utilizing the Sanitation workers
thing would be to get a brochure
licity. newspaper articles, news
have to use the method of
in this case. The important
and get various forms of pub -
releases and so forth so that
k. 85
JUL 111974
•
the publie knows precisely .what they're voting on.
Mayor Ferre: It is not only important it is essential that
this be done.
Mrs. Gordon: Then I move that we inform the public specific-
ally what they're voting' on, what it will do for the City or
not do and what it will cost if it is passed. That is in the
form of a motion.
Mayor Ferre: All right. 1 Now I hope you're including all of
the Charter changes that we're asking the voters to vote on.
Mrs. Gordon: Well of course, everything you turn over and
you want the people to vote on, they have to be informed to
what they're doing.
Mayor Ferre: Right. Just for the record, Rose, that it isn't
just to this one ordinance that we just passed but to all ordi-
nances that are requesting the electorate to vote in November
on Charter changes.
The following motion was introduced by Mrs. Gordon who
moved its adoption:
MOTION NO. 74-612
A MOTION REQUESTING THE CITY MANAGER TO TAKE
THE NECESSARY STEPS TO INFORM THE PUBLIC OF
THE SUBSTANCE OF THE VARIOUS CHARTER AMEND-
MENTS PROPOSED TO BE SUBMITTED TO THE ELEC-
TORATE IN NOVEMBER INCLUDING THE COST OF IM-
PLEMENTING EACH ONE.
Upon being seconded by Mr. Reboso the motion was passed
and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso,
Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
Mrs. Gordon: Is this a motion, or are you going to make a
resolution out of this, Mr. Lloyd?
Mr. Lloyd: We can make a resolution to be formally passed at
the next Commission Meeting from the information given the
Clerk, in standard fashion.
57, CONSOLIDATION OF BONDS INTO A SjNcLE ISSUE._
Mr. Andrews: There is another Charter change which I would
like to read to you and then I'll explain it. A resolution
authorizing and directing the City Attorney to prepare an
amendment to the Charter of the City of Miami to be submitted
to the electors of the City of Miami on November 5, 1974,
State of Florida and Dade County general elections for the
purpose of providing for the consolidation of all bonds into
a single issue for the purpose of sale by theCity and pro-
viding that both principle and interest shall be payable in
legal tendor of the U.S. in lieu of payment in gold coin.
When the City Commission is in the process of authorizing
the sale of bonds, as you will hopefully will be in October,
for a certain amount of sanitary sewer bonds another amount
of storm sewer bonds and perhaps another amount of highway
bonds, under the present Charter it is necessary that we sell
86
JUL .A '1974
these as indivIltal bond issues. The Finance Director it
fore* Me that considerable sums of Honey can be saved in terms
of interest if these bonds, once identified by the Commission
for sale,can then be consolidated into one bond sale that we
wciuld be far better off in going to the mattket with a ten
Million dollar bond sale but it might composed of three dif-
ferent issues.
Mr. Plummer: Paul, why wouldn't we be better off allowing
the lattitude of the Finance Director to go either way rather
than holding him , you're proposing a broad change now
which supposedly will be on the books until the next time
someone proffers a change.
Mr. Lloyd: This is what the Finance Director wants.
Mr. Plummer: No, this is going to put it all into one basket.
Mr. Lloyd: Yes, but he proposed that himself.
Mr. Plummer: That doesn't make it right. Rather than being
restricted to making him do that from now on..latitude of doing
whichever is beat for the City. Do you follow what I'm saying?
Mr. Andrews: Yes, I understand what you're saying. I can't
answer your question whether that has, if that can be so con-
structed in a Charter change.
Mr. Plummer: (INAUDIBLE)
Mrs. Gordon: I agree, if it is a charter change it is there
to stay until another election when you change it. If you're
going to do any Charter change you've given some flexibility.
I think you've got a point there, Mr. Plummer.
Mr. Plummer: Mr. Bailey, my contention is rather than chang-
ing this in a definite fashion why don't we change it in such
a manner we give you the lattitude in the future as well as in
this issue of doing whichever is best for the City, either/or
rather than binding you into one set fashion of being able to
sell bonds?
Mr. Bailey: This is the best way to accomplish your purpose
(INAUDIBLt COMMENTS)
Mr. Bailey: I don't believe there would be such a thing as
not costing more to print three or four separate and distinct
bonds and coupons for each of three different purposes...
Mayor Ferra: Let me say as the signer on a whole series of
them recently I know what you mean. I had to sit there for
a half an hour with you signing all of those things on that
crazy machine that they have up there, but on the other hand,
Mr. Bailey, what Mr. Plummer is saying would in no way negate
what you're trying to accomplish. It would just give you the
lattitude of going either/or, and I think you would be in a
such better...
Mr. Bailey: Oh, by this method here we could still do that.
We do not have to combine them..
Mayor Ferre: This would just be permissive. This is not
mandatory. Is that correct in the legal language you've
couched it in, Mr. Lloyd? It is not Mandatory?
87
JUL 111974
A
Mr. Lloyd: (INAUDIBLE) All you're passing is the reso-
lution but What I.'m reading to you now is the ordinance. We
haven't gotten to it, I'M sorry. If you will take
the ordinance and turn to page 2 right up at the top of the
page you will see it says section 58.b., now if you will look
down at the underlined portion that is the portion which we're
adding to let Mr. Bailey do what he wants to do. You will note
that it says: Subject to the provisions of the respective
ordinances authorizing such bonds, the City Cottnission may by
resolution consolidate into a single issue, that give the Com-
mission...
Mayor Ferre: Ok, "May".
Thereupon the Mayor read the resolution by title.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-613
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI TO BE
SUBMITTED TO THE ELECTORS OF THE CITY OF
MIAMI IN THE NOVEMBER 5, 1974 STATE OF
FLORIDA AND DADE COUNTY GENERAL ELECTION,
FOR THE PURPOSE OF PROVIDING FOR THE
CONSOLIDATION OF ALL BONDS INTO A SINGLE
ISSUE FOR PURPOSES OF SALE BY THE CITY;
AND PROVIDING THAT BOTH PRINCIPAL AND
INTEREST SHALL BE PAYABLE IN LEGAL TENDOR
OF THE U.S. IN LIEU OF PAYMENT IN GOLD
COIN.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Rev. Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
Thereupon the Mayor read the ordinance by title.
An ordinance entitled:
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT, AMENDING SECTION 58 (b)
OF THE CITY OF MIAMI CARTER FOR THE
PURPOSE OF CONSOLIDATING VOTED BOND ISSUES
INTO A SINGLE ISSUE AND DELETING THE REQUIRE-
MENT FOR PAYMENT IN GOLD COIN AND SUBSTITUTING
PAYMENT IN LEGAL TENDER OF THE UNITED STATES
IN LIEU THEREOF IF APPROVED BY THE CITY
COMMISSION BY A RESOLUTION AND SUBMITTING
SANE,TO THE ELECTORS OF THE CITY OF MIAMI
IN THE NOVEMBER 5, 1974 STATE OF FLORIDA
AND DADE COUNTY GENERAL ELECTION; PROVIDING
THAT THIS PROPOSED CHARTER AMENDMENT SHALL
BE REFERRED TO AS PROPOSED CHARTER AMEND-
MENT N0, 5; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT,
88
JUL 111974
•
INSoF'AR AS THEY ARE IN CONFLICT; CONTAINING
A SEVi ABILITY PROVISION; DECi,ARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE; DIS-
PENSING WITH THE REQUIREMENT OF READING THE
SAME ON Tim SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OP THE MEMBERS OF THE
COMMISSION.
was introduced by Mr. Plummer and seconded by Rev. Gibson for
adoption as an emergency measure and dispensing with the re-
quirement of reading same on two separate days, which was
agreed to by the following vote -AYES: Mrs. Gordon, Mr. Plum-
mer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None.
Whereupon the Commission, on motion of Mr. Plummer, seconded
by Rev. Gibson, adopted said ordinance by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, kRev. Gibson and
Mayor Ferre. NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8289.
The City Attorney announced that each Commissioner had been
furnished with a copy of the ordinance and that copies are
available to the public.
58, ACCEPT BID -,COMPUTER SYSTEM FOR POLICE _DEPARTMENT
P. W. Andrews, City Manager: You have before you a resolution
to award the police computers. Before doing so Stanford Research
Institute wishes to make a ten-minute presentation to you, and
that will be accomplished by Mr. Moore, Vice -President of the
Office of Research Operation of Stanford Research Institute.
But before he makes his presentation and before you enter into
discussion as to the award of the computers there are several
factors that I want to bring to your attention, and there are
several resolutions and one motion that I would like you to act
on prior to or during the discussion of the computers so that
this can all be accomplished at one so you have as many of
the facts before you as possible. The first item is that we
have followed the direction of the City Commission on the con-
tract for the third phase. You have adopted a motion, and we
now have a resolution prepared authorizing me to enter into a third
year agreement for four hundred and eighteen thousand dollars. I
want to emphasize that this agreement --and Mr. Lloyd has some
final minor matters that he has to adjust in the agreement --but
I want to assure you that that agreement will contain a provi-
sion that this constitutes the third and final phase of the work
to be performed by Stanford Research Institute. While it repre-
sents the third and final phase, I want the Commission to appre-
ciate that it may be necessary from time to time in the follow-
ing year to have Stanford Research Institute return to the City
of Miami and give us assistance. This might occur in the fol-
lowing way. Three or four months after the completion of their
final and third -year contract, it may be necessary to ask them
and several of their consultants to come to Miami for a week or
two to review everything that we have accomplished in house;to
assess for us the progress we have made, and to give us direc-
tion as to where we should be moving in the months ahead, and
then another three or four months goes by and we may ask them
to come back for a week and do the same thing again. This will
be kind of over -the shoulder consulting services. There is one
other aspect of the agreement that I want you to be aware of.
It was a condition that was contained in the first and second
agreement. There is what might look like a peculiar provision
which provides that a seven per cent. fee be assessed separately
from the normal payment. The payment shall not exceed four
hundred and eighteen thousand dollars, and the seven per cent.
is an operational condition of Stanford Research Institute with
their parent corporation, or parent organization. A portion of
their total fee goes to that organization as administrative
overhead. The second matter is that I want to make sure that
the Commission understands, in the discussion of the computers,
that we are going to carefully consider the time scheduling to
have these computers become operational. Initial analyses have
already been completed as to the potentiality of having the com-
puters become operational in the existing building if there is
a severe time lag between the construction of the new building
and the time that we have the computers in house in the old
structure. Additionally I would like the City Commission to
adopt a motion which would be establishing a policy on the part
of the City Commission that any differences of opinion between
Booz Allen in their final report and Stanford Research Institute
and their findings,that I hold meetings with them to resolve any
90
JUL 111974
•
differences and report to the City Commission. After the
Commission has received this report it can act in any manner
it chooses as far as finalizing any policy decision on the
part of the City Commission. Additionally, I want the priv-
ilege of also holding meetings with the City of Miami Depart-
ment of Communications, S.R.I. and the Police Department
where there is a difference of opinion as to one particular
aspect of modernizing the Police Department, and that is the
way that the police officer in the field receives his communi-
cations through the dispatching system and the computerization
program. Another area which Mr. Moore will touch on is the
cost of implementation and operational costs as Stanford
Research Institute has estimated those costs will be for the
computerization. I think it's important that the Commission
have all of these costs, including the annual operational cost
of the computers once they are in place. The final item is an
additional resolution which I will distribute to you which will
provide and give me authority to proceed with the plans for the
construction of the police building. The plans by the architect
will be ready on August the 14th. We can start bidding on
August the 19th and receive bids on September 21st, and be
ready to submit to the Commission award of bids on September
25th. We hope to sell bonds, or to recommend to the City Com-
mission the sale of bonds in October for this purpose. Now in
summary those are the areas that I would like to have the Com-
mission act on, or give consideration, as we discuss the com-
puter award. You can take those independently, or you can wait
until after Mr. Moore is finished with his presentation and you
get involved in the discussion on the computers themselves.
Dr. Ernest Moore: There is a resolution before you to
approve the purchase of two mini -computers for the Miami Police
Department. At the last Commission meeting you received into
the record a preliminary report by Booz Allen Hamilton, Incor-
porated entitled Evaluation of Data Processing Plans and
Requirements, dated 25 June, 1974, in which these two computers
and their intended functions within the Police Department were
discussed. A review of the audiotape of that portion of the
last meeting pertaining to this report, and the inferences
drawn from this by the press indicate that some confusion in
regard to SRI's recommendations exists. It was my original
intent to ask your permission to present to you a thorough
review of the questions raised in regard to the Police Depart-
ment information system. On second thought, and luckily in
view of the late hour, these matters involve so many details
that it became too long for an oral presentation. I will,
therefore, confine my remarks this afternoon only to those key
issues that in our role as consultants to you we feel to be
essential for your understanding of the issues on which you are
about to vote. I have prepared printed copies of what I am
about to say, to which my original detailed comments are ap-
pended. You may find it useful to review these at your leisure
in the total context of the Miami Modern Police Department Pro-
gram. You have received recommendations from two consultants
with regard to the Police Department information system, which
in some respects are widely divergent. Let me, therefore, first
restate those most important points where both Booz Allen and
SRI arrived independently at the same conclusion. One; that
Miami is behind other cities of its size and complexity in the
91
JUL 111974
•
use of computers and modern data processing for increasing
the efficiency of its police department. There is an urgent
need to go ahead with such automation. Two; that the purchase
of the two mini -computers recommended to you by your City
Manager is a logical and right first step in that direction;
and three, that the purchase of these computers in no way du-
plicates other facilities that might be available to the City.
To repeat; there is no difference between your consultants on
these points. There is, however, some disagreement on the ex-
tent to which the purchase of two mini -computers will provide
for the total information system needs of the Miami Police
Department. First you should understand that the present pro-
curement does not provide for all of the equipment required
for a fully operational field dispatch and support system. The
presently requested equipment becomes part of such a system,
but you will be asked in the not too distant future to approve
funds for the purchase of peripheral equipment, consoles and
displays to bring the Fystem to fully operational status. The
second important point I would like to make is that additional
capability for an automated record system and management sup-
port system are also urgently needed by the Miami Police De-
partment, and I want to stress that. There are two other
functional areas that we are not talking about today with this
procurement and that are, perhaps, equally important to the
modernization of this police department. We firmly believe
that the total computer configuration we have recommended will
prove to be the best way to provide these functions. However,
as we indicated in our February 28th presentation to you, your
decision as to procurement of these systems are not immediately
required, and will be preceded by a thorough detailing of the
procurement request as the action now before you. There is ample
time, therefore, to resolve the differences and misunderstandings
between your consultants. But regardle,;s of the details of the
technical execution you should anticipate future funding requests
for equipment and system development to implement these sorely
needed functions. This brings me to what is probably the crucial
discussion; that of overall cost. Listening to the questions
regarding costs at the last Commission meeting has greatly dis-
turbed us. Adding to the confusion are public statements by
the newspapers that indicate that you, the Commission, believe
that SRI perhaps overstated the costs by a factor of almost
four to one. We estimated total information systems costs at
5.5 million dollars. Of this sum two and a half million were
for equipment, added to three million, most of which were for
personnel to carry out the system development and programming
tasks. Our report in April, 1973, laid these requirements out
in detail, discussed the possibility of the City's hiring in-
house staff and pointed out the cost savings possible. We
recommended then the immediate employment of five data processing
specialists. The City has had great difficulty in establishing
these positions. As of today none of these have been hired,
although positions have now been approved and applications for
Data Processing Director are being reviewed. Our 1973 estimate
was intentionally conservative, based on contractor costs
throughout. In view of the fact that as recently as last March
the City Manager had still to consider the use of a contractor,
we submit that our estimates were both prudent and responsible.
Depending on how much of the work the City now can actually do
in-house, the system development costs will be located somewhere
92
JUL 1.1.1974
between 1.4 million and our original estimate of 3 million.
Only City actions will determine the final figure. We have
prepared a revised chart of system costs for you based on our
best estimate today of what will take place. These figures
differ in format from what we presented last time and they now
reflect progress in the hiring of in-house rather than contractor
development staff. Also, we now have the actuzl costs for the
purchase of the two mini -computers. As you can see, we believe
that the cost of the basic operational capability on the two
minis will come to a total of $1,360,000, while the total in-
formation system costs, if all capabilities are eventually ap-
proved, will come to at least 4 million. As you should also note
from the chart, each additional functional capability is asso-
ciated with additional costs. Expansion of the first two m mpu-
ters to encompass more functions will not eliminate these costs.
Mr. Jack Bialik, the project leader in the information systems
area, is available to discuss this chart with you. However, let
me first add a few closing remarks. We sincerely hope that we
have clarified some of the potentially troublesome discrepancies
that seem to have arisen. Now the program is becoming oriented
to implementation. You will have to decide today on the first
hardware procurement. There will be others. You will have a
building under construction. With in-house computer system de-
velopment the police department will have a significant number
of new employees embarked on a very difficult venture. The
program implementation is by no means contained with the Police
Department. Major contributions are required in particular from
the City Department of Communications in procuring, testing
and installing the new radio equipment. In addition, specific
agreements with Dade -Metro for the interface with the computers
are yet to be made; only an informal agreement in principle can
be said to exist at present. I urge you to recognize and provide
for the significant management effort that is going to be required
here. What I say is that the MMPD program is in your hands. It
is the City's money, personnel, and above all, determination,
that is needed now. Finally, let me repeat: Both of your
consultants are in agreement about the benefits of moving ahead
as rapidly as feasible to purchase two mini -computers now,
improve communication facilities, acquire technical staff, and
further detail the requirements for any additional system com-
ponents. We urge you to act affirmatively on these recommenda-
tions. I would like for Mr. Bialek to talk a little more.
Mr. Jack Bialek: I think the last time I addressed the
Commission there was one question asked of me, I think, by Mayor
Ferre, as to what the incremental additional cost over the
present operating system would be for the proposed system. At
that time I indicated to the Commissioners that, in addition to
the staff that was then current for the computers, an additional
staff of eight people would be required. In addition to that
the computer system will be larger than what you have now. It
is obvious it will be doing more things. There will be an in-
crease in the maintenance fees per month for that system, prob-
ably representing in the neighborhood of about three to four
thousand dotLars a month. Now the incremental cost over the
current system, projecting to three -shift operation from approx-
imately one and a half shift operation now, is in the neighbor-
hood of about one hundred fifty thousand dollars a year --and I
don't have the budget figures for the entire cost of the current
operation. I am projecting the incremental cost of the system.
JUL 1.1.1974
Dr, Moore: This refers to the total system; not the
one you are talking about today, the two minis.
Mr. Bialek: The costs that we are talking about are
operational costs, and the operational cost of the two minis
that we are ordering now is mainly for operators for the addi-
tional shifts. The development costs that will go on will be
mainly concerned, after these become operational, with the
managerial system that goes in with it, so that we are talking
in the neighborhood of, probably out of those eight people
only half of them are concerned with the two million that we
are involved with now. For the maintenance figures which you
will have immediately, during the development stages, we will put
that on a single -shift basis, and the cost is in the neighbor-
hood of between thirty and thirty-five thousand dollars a year.
That's for maintenance. That's on -call maintenance, prime shift.
No City personnel for maintenance. A decision will have to be
made as to whether you continue to contract your maintenance
or whether you train staff. Operating personnel: For the two
mini -computers --no operator for the dispatch computer; that's
not the kind of computer it is. One operator for each shift for
the larger mini, and you have to have additional operators for
the seven days a week, so the staff is one operator.
Mr. Plummer: What is going to be the annual cost when
the two minis are fully operational? How much more money is it
going to cost this city? We know that we are looking at one
million three hundred and sixty thousand for procurement. What
is it going to cost this city on an annual basis for those two
mini -computers, if we never order another thing?
Mr. Bialek: My best estimate at this time --I would es-
timate approximately half the cost that I told you for the whole
system; seventy-five thousand dollars.
Mr. William Hahn: I am with Xerox Corporation, and we
were one of the bidders who submitted proposals on your invita-
tion for a computer system. Xerox would like to make the state-
ment that when we were making the decision whether or not to bid
that decision was predicated on several statements that were
made in your invitation to bid. I'd like to read you one of
those statements. It says that failure to meet complete hard-
ware and systems software specifications will not result in
die qualification, with the exception that support to Cobal and
dispatch applications are essential. Now Xerox looked around
the market place to see who our competition might be and de-
cided who they would be and determined that anyone who did not --
this statement says anyone who did not have an announced Cobal
compiler would be disqualified. Predicated on this statement
in your specifications, and others, we decided to bid and we
did submit a bid. We did supply in our bid a Cobal Compiler,
with listings, and so forth. Now we understand that the com-
pany about to receive this award does not have an announced
Cobal compiler. Xerox would like to go on record as stating
that we think that that is a violation of good business ethics;
•
94
JUL 111974
that this should not be awarded to a company that does not have
an announced Cobal compiler at this time. It was not bid. 1
understand only a price was included of what it would be if it
became available. We would also like to further state that we
think that the specifications for this system were written in
such a way as to make the system unduly expensive.
P. W. Andrews: I want to assure the Commission that if
you should adopt this resolution that I will not enter into this
contract without the Cobal compiler as part of the contract. If
that is the case I will assure this commission that I will come
back with recommendations that we reject all bids and re -bid
this whole process.
Mr. Hahn: At this time the company does not have an
announced Cobal compiler, and the ground rules for this proposal
were so stated, and we suggest that this contract not be awarded
on that basis.
• Mr. Andrews: Prior to the Commission finding itself in
a position of potentially debating between two vendors may I
have Mr. Bialek Come forward and explain to the Commission the
establishment of these specifications and what is provided for.
They have analyzed this particular aspect of the specifications
and they have certain recommendations and matters to report to
you.
Mr. Bialek: I'am not sure how much the Commissioners are
aware of., but these are the specifications that went out to the
bidders. There are some thirty-five pages of technical specifi-
cations. I don't intend to go over those ---
Mr. Plummer: Give me the questions and answers for the
seminar to bidders.
Mr. Bialek: What Mr. Andrews says is exactly correct.
We have recommended to the City --and Mr. Andrews will proceed
on a courser -he has just assured you that a part of the contract
to the successful bidder will be the delivery of a Cobal compiler.
Now as to the actual status of a Cobal compiler for the successful
vendor. First of all, the successful vendor himself will buy the
Cobal compiler and the equipment from an original equipment manu-
facturer. In this case when we received the bids we received
bids from three different vendors who proposed essentially
equipment from the same corporation. Now when we received that
many bids from that many people saying they proposed to use the
same equipment it behooved us to find out what was available
with that equipment. What Mr. Hahn has said is true. There is
not an announced Cobal compiler for the equipment that is being
proposed by E Systems. The key word here is announced. We
have actually traveled to the site of the manufacturers, Digital
Equipment Corporation. We have actually taken one of the programs
that now exist on the police computer. We have actually run
that program through the compiler that they will announce short-
ly, and we have run the program on their computer using their
compiler. 8o we are not exactly ignoring the fact of a Cobal
compiler. To make it very simple, when you talk to a computer
you talk in funny languages. One of the languages is called
Cobal. It's a computer business oriented language and that is
a short terminology for it. What this program does is it
95
JUL 111974
translates your computer language into a language that the
computer really understands; and since a lot of the programs
that are out at the Police Department now are written in a
language called Cobal we thought it only right that any system
that comes along to replace the system out there should be able
to talk in the same language.
Mayor Perre: I just went through this yesterday. In my
company we were looking at different IBM systems, and Boroughs,
and so on. One of these proposals was IBM System B-15. That's
a brand new thing that IBM is caning out with, and we have been
through these things before, and as good as IBM is and as big as
they may be, I don't want to be the first one; I really don't.
Let somebody else de -bug it and have all the problems. I cer-
tainly hope we don't get into something that is experimental and
is so new. I know nothing about what Cobal means, but I certain-
ly hope we don't get into some now unannounced system that they
are going to develop and end up spending two years trying to
correct it and de -bug the thing.
Mr. Andrews: May I try to explain this in terms of language
that I understand, and I hope then that I will be communicating
with you. This particular area that they are talking about is a
system.or device or mechanism that will enable us to take the
programs that we have on our present computer, which is differ-
ent than the computer that we are going to purchase ---
Mayor Ferre: Are we presently on Cobal?
Mr. Bialek: Yes. Not completely, but a large portion of
them are written in that language.
Mr. Andrews: And to take that information that is now
stored and programmed into those computers and be able to trans-
fer that information and those programs to the new computers
that we are going to buy. They two are two different languages,
so to speak, and in between we will be able to accomplish it.
Reverend Gibson: I am concerned when I hear this gentleman
say that when he bid he bid with one set of facts and rules.
How do we explain the differential? It seems to me that if I
am bidding peaches and you are bidding oranges that can't be
right. Now, Mr. Andrews, since you are the Manager, you explain
to me how these two --otherwise I am going,to be one of the guys
who feel otherwise. I feel that if this man was bidding under
one understanding, you know --need I say any more?
Mr. Hahn: The case in point, gentlemen, is not whether or
not this company will ever have a Cobal compiler. As my esteemed
consultants over here know, it is a very extensive effort to
develop a Cabal compiler, costing hundreds of thousands of
dollars. They may some day have it. We don't know and we
can't say whether they will or not.
Mr. Plummer: Let me ask a question. Are there any of them
in operation now?
Mr. Hahn: Our Cabal compiler is; yes.
Mr. Plummer: But the ones that they are putting in.
96
Mr. Hahn* They have not announced a Cobal compiler. The
bid said that, with the exception that support to Cobal and
dispatch applications are essential. We bid Cobalt they did
not. We submit that to award this contract to them is unfair
and is not good business ethics.
Mr. Bialek: Reverend Gibson, I beg to differ with Mr. Hahn,
and I think he knows it too. There is no word in here that says
the product has to be announced. It says that when the system
is delivered it has to have a Cobal compiler. That's very, very
simple; and the records of the meetirYg with the vendors are
there. You can read them verbatim if you care. We have. And
the specifications are on record. You can read them if you
care to.
Mr. Hahn: Mr. Bialek, is Digital Equipment Corporation
under any obligation at this time to supply a Cobal compiler?
Mr. Bialek: Digital Equipment Corporation is not the vendor
we are dealing with. It is E Systems.
Mr. Hahn: But where are they going to buy their compiler?
Mr. Bialek: I don't know where they are going to buy their
compiler, Mr. Hahn. I can't answer for-E Systems. They are pro-
posing a Cobal compiler for the deck equipment. I assume that
they will get the compiler that we tried out at Digital Equipment
Corporation. I assume, but I have no way of knowing tat.
Mr. Plummer: Wait a minute. Are you saying that E Systems
doesn't know where they are going to buy their hardware from?
Mr. Bialek: No, sir; I am not telling you that.
Mr. Plummer: Then how, if E Systems is only selling the
software, the system ---
Mr. Bialek: No, sir; they are not.
Mr. Plummer: Then what are they selling?
Mr. Bialek: They are selling the City of Miami a complete
system; package; hardware, Cobal compiler, which is a small
amount of the software, operating programs for the dispatch
system, some introductory field support programs. It's a com-
plete package. They are a system vendor.
Mr. Plummer: But are they the total system?
Mr. Bialek: They are responsible for all the pieces in this
bid.
Mr. Plummer: You didn't answer my question, Jack. Are they,
themselves, manufacturing, producing and installing the total
system as this procurement.
Mr. Bialek: As far as the City of Miami goes, yes. They
buy equipment from Digital Equipment Corporation. I might say
the other four bidders of the six bids that were considered re-
sponsive, five of the other six do use different people, manu-
facturer's,equipment. That is, they don't make them themselves.
97
JUL 11 1974
Mt. Plummer: 1 don't find any qualms about that, but I
am finding qualm from the fact that --are you from E Systems, sir?
Who? NCR. Well, there is no representative here from E Systems?
A11 right. We will get to you next. (Inaudible remarks from
members of the audience) Let me understand. You contention is
that your company did not bid on the Cobal compiler. Is that
correct?
Mr. Hahn: No, sir, Mr. Plummer, We are contending that we
did bid on the Cobal compiler and they didn't, and Cobal was one
of the fundamental requirements of this bid, and it was predicat-
ed on this statement that we submitted a bid in the first place.
Had this statement not been in there we would not have submitted
a bid and would not have gone to the expense to prepare this
proposal, which was expensive, I assure you; and we feel that,
since it was a prerequisite, and you said in this statement here
that those that did not provide it would be disqualified, I sub-
mit to you that Digital Equipment Corporation is under no obli-
gation to supply a Cobal compiler now or ever, because they have
not announced it.
Mr. Bialek: Mr. Hahn is correct. Digital
tion is not the vendor you are dealing with.
Mr. Plummer: Well, is E Systems required,
to provide it, or can they provide it.
Equipment Corpora -
or are they going
Mr. Bialek: You City Manager has advised you that a contract
will not be signed unless they agree that a Cobal compiler is a
part of the delivered system, yes sir.
Mr. Plummer: Let me tell you what we get back into. We get
back into the point --and I remember --Mr. Manager, I want you to
hear this --remember the time we got into one hell of a hassle here
about uniforms, and it simply hinged on whether or not at the
time ok bidding they had a tailor here in•Miami; and the company
that was thrown out -and they even had the low bid --was because at
the time of bidding they did not have a local tailor on their
payroll, and that's exactly what this man is addressing himself
to; at the time of bidding he had the equipment that we asked
for. At the time of bidding E Systems did not have it, but thy
will, if they are successful, get it. Is that the way I am read-
ing it? Jack, am I reading it correctly?
Mr. Bialek: I`am not sure I interpret your last sentence.
Mr. Plummer: Then let me put it another way. The point
very simply is that at the time of bidding E Systems did not
have what was called for in the bid, and because of that this
man's contention is that it says in here that they would have
been disqualified.
Mr. Bialek: That is an incorrect statement. There is
nothing in the requirement that says it has to be present at the
time the bid was made; and Mr. Hahn can't find those words in the
requirement, nor can you find them in the transcript of the
records.
98
JUL 111974
Mrs. Gordon: Isn't the key problem whether or not the bid
included the providing of it or not? Did your price, or did
your bid include providing it?
Mr. Bialekt Yes. And again I repeat what Mr. Andrews said;
that there will be no contract unless the price is specifically
stated in the contract that they will include it; that they will
deliver it.
Mr. Plummer: Is it included in the seven hundred and twenty
thousand dollars?
Mr. Bialek: The seven hundred and twenty thousand dollars
is for hardware and a hundred and seventy-three thousand dollars
for software. That's the entire bid.
Mr. Plummer: Does that include the Cobal?
Mr. Bialek: Yes.
Mr. Hahn: That includes the Cobal. The statement they
made was that if it becomes available and when it becomes avail-
able. The ground rules are just not ---
Mayor Ferre: I think there are some nebulous clouds that
have now been clarified. As far as I am concerned it has now
been clarified to this extent; that no where in the bid documents
does it specifically say that the Cobal system has to be in ex-
istence at the time of the bidding. What it says is that it has
to be a part of the procedure in the end. The Manager has
guaranteed and assured us that it will be. And it is on the
record and I take his word for it. What else is there to dis-
cuss?
Mr. Plummer: The only thing to discuss, is the manner in
which the bids were compiled. It is a kind of bidding system
I have never seen before. There were points added for certain
things. There were points deleted if you didn't have other
things, and we are just relying on the Manager's ability to say
that these things were right or wrong.
Mayor Ferre: I have been personally through all this com-
puter bit in my own business, and it is so technical that finally
I came to the decision that I couldn''t make the decision; that I
did have to rely on the Management's responsibility of understand-
ing things that I didn't understand, and as long as I had confi-
dence in the people that were doing the analysis and doing the
bid procedure, then it was really down to that, because other-
wise we can spend all night here and I guarantee you that we
are not going to understand too much more than we do now.
Mr. Plummer: Are you Mr. Bill Hahn? All right, sir, I
bring to your attention one of the questions asked by Varion
Data Machines of Orlandor- did you remember that, sir? --in which
they were questioning the Cobal compiler, and it said that even
though they didn't have it that they certainly invite them to
bid; and I would assume that would apply to Xerox also, sir.
99
JUL 111974
Mr. Hahn: I was there at the bidders conference, Mr. Plummer,
and was well aware of what you are saying, However, the state-
ment was flatly made by Mr. Bialek that Cobal was definitely
a requirement, and Varion was invited to bid for other things
that the City might be able to pick and choose, such as termin-
als, and so forth; not for the total system itself, because
Cobal was a requirement. Is that not correct?
Mr. Bialek: I find myself in a peculiar position. I am not
arguing with Mr. IMhn. Cobal is a requirement. I am agreeing.
Mr. Plummer: Let me ask you another point that he raises.
He raises that this sytem will be a very expensive system, be-
cause I understood him to indicate that this would, in fact, be
a pilot.
Mr. Hahn: We feel that the specifications were so written
as to make this system unduly expensive. Other cities much
larger than Miami have similar systems for less money; consider-
ably less money.
Mr. Bialek: I don't know how to respond to that, because I
don't know what he is talking about, to tell you the truth.
Mr. Andrews: I want you to appreciate in terms of this total
bid what it is that we are speaking of. This item is a five to
seven thousand dollar item in relation to almost a nine hundred
thousand dollar bid.
Mayor Ferre: I know it is an important principle, but I
think it has been clarified.
Jim McGruney: I represent NCR Corporation. I would tend to
agree with Xerox to the extent that we could have bid a lower
total figure if it were not for the Cobal requirement, a differ-
ence of roughly two hundred thousand dollars. The question that
I really have ---
Mr. Plummer: Wait a minute. You say if you didn't have
the Cobal requirement it would be less by two hundred thousand
dollars. The Manager just said you are talking about a seven
thousand dollar item.
Mr. McGruney: it's the difference between the compiler and
the hardware that is associated with it.
Mayor Ferre: But we are going to have a Cobal. You see,
that's the point. It isn't that you can eliminate it from your
bid. That's not, as I see it, the point. The point is that we
are going to have a Cobal compiler, or whatever it is called.
Mr. McGruney: That's not the point I wanted to bring up.
What I wanted to question was that, since the bidders do in most
cases have these systems available for demonstration and for
review, why no one has contacted any of those to see them actually
in operation, because we are comparing, to some extent, apples
and oranges, and more dollars may buy you more system.
100
JUL 111974
Mr. Plunvmer: Well, I just heard Jack say that he went
and tested out a system.
Mr. McGruney: He tested out
particular piece of hardware. He
bidders, in other Words, the five
involved in this; and would it be
•
the Cobal compiler for one
did not check out the proposed
bidders which were actually
worthwhile to do that.
Mayor Ferret Mr. Bialek, you want to answer that? The
question is, have you, in fact, and if not why not, checked out
the various Cobal compilers available on the market, and the
systems.
Mr. Bialek: I would be very happy to check out a complete
system, as these vendors specify, but there is no complete system
like this sitting on the floor of any one of these vendors now.
I would be happy to go. The reason we chose one particular
vendor to check out the Cobal was because; one, we know there is
a Cobal compiler with Mr. Hahn's equipment; we know there is a
Cobal compiler with NCR equipment, and we had to make sure that
there Was a reasonable, there was going to be a compiler with
this other system, because three different vendors chose that
hardware to make a bid on.
Mayor Ferre: Mr. Bialek, in your opinion, is your choice
the best choice for the City of Miami?
Mr. Bialek: We feel that it is, yes, sir.
Mayor Ferre: Technically?
Mr. Bialek: Yes, sir.
Mayor Ferre: And economically?
Mr. Bialek: Yes sir.
Mayor Ferre: And that is your recommendation?
Mr. Bialek: That's our recommendation.
Mayor Ferre: Mr. Manager, is that ---do you accept that
recommendation? Do you concur with that opinion?
Mr. Andrews: Yes, sir.
Mayor Ferre: And are you satisfied that this is a reliable
process of investigation and recommendation?
Mr. Andrews: Yea.
Mr. Plummer: Mr. Mayor, my discussion with the Manager
and with SRI pertains to a discount given between the hardware
vendor and the software vendor, and nowhere did I find in the
bid of E systems that discount shown, and I want to make sure
that this city is the recipient of that discount, and I want to
see that written out, and they told me from SRI that it would be
shown in the contract, and I just want to see that in the con-
tract before it is approved.
101,
JUL 111974
Mr. Bialekt Mr. Plummer, i:hsre is some misunderstanding
then, and maybe it is the. way I prat it to you. There is a
class Of vendors called the original equipment manufacturers.
They buy equipment from a prime contractor, such as Xerox or
NCR or Digital Equipment Corporation. If you are classified
as an original equipment manufacturer --and in some cases muni-
cipalities can be so classified, or a research institute --there
is a schedule of discount fees which apply to that particular
kind of vendor or recipient. The price that was submitted by
the vendors was their best price based upon what they knew they
had to pay for the equipment from the manufacturer, so that if
indeed their bid is the lowest it must be based upon the fact
that they gave you the best price that they could, including
discount they get for buying the equipment. I can only deal with
you openly. If they didn't pass the discount on and still have
the lowest price they must be doing something else to make that
the lowest bid; but I am assuming.they were competitive.
Mr. Andrews: During the pre -bidding conference, at which
the purchase agent was present, he carefully explained to the
people present that the City of Miami could not --and this amounts
to negotiating a bid --in which all the prices which they have
reviewed for the pieces of it, the parts of it, and finally as-
sembling the price value --that the City of Miami was not in a
position to sit down with the vendor and go through it item by
item and discuss those items and arrive at a different price
than that stated to the City; and the Purchasing Agent was
specific in telling the group that they must do this competitively;
they must submit their best and lowest bid to the City of Miami,
because our City of Miami Charter prevents us from sitting down
and negotiating the bid.
Mr. Plummer: That's in writing?
Mr. Andrews: I don't know if it was in writing.
Mr. Plummer: OK, you said it. is on the record. I am
satisfied.
Thereupon the following resolution was introduced by Mr.
Plummer, who moved its adoption:
RESOLUTION NO. 74-614
A RESOLUTION ACCEPTING THE BID OF E-SYSTEMS
INC. FOR FURNISHING A COMPUTER SYSTEM FOR
USE BY THE CITY OF MIAMI POLICE DEPARTMENT;
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH SAID FIRM, AT A TOTAL
COST OF $893,740.00; AND INSTRUCTING THE
PURCHASING DEPARTMENT TO ISSUE A PURCHASE
ORDER FOR SAME, PUNDS BEING PROVIDED FROM
THE POLICE BONDS FUNDS
(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.
102 JUL 111974
Mayor Barre: Now, Mt. Andrews, you want to advertise for bids
for the construction of the Police Department?
Mr. Andrews: Yes, and there is a resolution before the Cc iis..►
sign in reference to that. I'll read it if you wish, Mr. Mayor.
Mayor Perre: I don't have it.
Mr. Andrews: A resolution authorizing the City Manager to ad-
vertise for bids for the MMPD Headquarters Building during the
month of August as soon as possible and to receive the plans a
and specifications thereof.
Mr. Plummer: Mr. Mayor, my only objection comes over the fact
that I think we, the Commission should review those plans before
they go out for bid. I don't know what the plans contain, I have
never seen a set of the plans. I have a rendering which was
given to us and I'm told now that it has nothing to do with the
final draft and I don't think that it just couldn't wait until
the 12 of September when we could have time to go over it and
act on it on the 12th.
Mayor Ferre: J.L., let me, Mr. Andrews, because I know; again,
I hope you will forgive me for using my personal experience...
There are many occasions when if you move ahead on bid proced-
ures you can save time. I would imagine that what this means
is that you might save thirty days or 60 days in this whole
matter rather than waiting for the final program. Now, the
awarding of the final bid will not be until this Commission
has had an opportunity to see those plans.
Mr. Andrews: Yes, sir.
Mayor Ferre: And if we have any
recognize that you may have lost
Mr. Andrews: Right, and you may
The following resolution was
who moved its adoption:
objections then I think you r
the whole bid procedure.
create problems far worse than....
introduced by Mr. Plummer
RESOLUTION NO. 74-615
A RESOLUTION AUTHORIZING THE CITY MANAGER
OF THE CITY OF MIAMI TO EXECUTE AN AGREE-
MENT WITH STANFORD RESEARCH INSTITUTE FOR
THE THIRD AND FINAL PHASE OF THE MMPD
PROGRAM STUDY FOR A SUM WHICH WILL NOT
EXCEED $418,000; SAID FUNDS FOR THE
IMPLEMENTATION OF THIS AGREEMENT TO BE
ALLOCATED FROM THE POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BOND FUND.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Rev. Gibson the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mrs. Gordon, Reverend Gibson, Mr. Reboso and Mayor Ferre.
NOES: None.
e following resolution was introduced by Mr. Plummer
moved its adoption:
RESOLUTION NO. 74-615
A RESOLUTION AUTHORIZING THE CITY MANAGER
OF THE CITY OP MIAMI TO EXECUTE AN AGREE-
MENT WITH STANFORD RESEARCH INSTITUTE FOR
THE THIRD AND FINAL PHASE OF THE MMPD
PROGRAM STUDY FOR A SUM WHICH WILL NOT
EXCEED $418,000; SAID FUNDS FOR THE
IMPLEMENTATION OF THIS AGREEMENT TO BE
ALLOCATED FROM THE POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BOND FUND.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Plum-
mer, Mrs. Gordon, Reverend Gibson, Mr. Reboso and Mayor Ferre.
NOES: None.
.313L 11131 z,
Mayor Ferret And we may have to just throw everything
out and start over again, and then you may be losing more time
than what you are actually gaining. I just want to explain the
difference. I for one --I like to move ahead on things --would be
willing to take that chance, provided it is fully understood that
the moment these plans do become available, and they have got to
become available for the bidder to bid, that we get to see them
immediately. I would assume, as you said, that they would be
available in mid -August, and you would put the bid date when?
Mr. Andrews: They would go out for bidding on August the
19th, and we would receive bids on September 21st. That would
give about thirty days.
Mayor Ferre: We have ample time on September the 12th,
where we will have seen the drawings, to at that point just cancel
the whole bid procedure.
Mr. Andrews: I am going to change my recommendation to the
Commission, and that is that, rather than run the risk, because I
have truly tried to keep this Commission informed on this matter
as well as I can, to eliminate any doubt, let's wait until Septem-
ber the 12th to advertise this and receive it thirty days later,
and that way the Commission will have --if we receive them on the
12th the Commission will be in a position to take this matter up
at the first meeting in October.
Mayor Ferre: Paul, if --I am going to disagree with your
recommendation and go with your first recommendation, and let me
tell you why. If you ask for bids on the 19th and say that you
won't take bids until the 15th or the 20th of September, you can
always extend the bid period for fifteen days, a month. You can
always amend the bid, and say, because of these changes we are
going to extend it for one more month. But let's get the ball
moving. There is a psychological impetus. I don't think it means
a darn thing. There is no way you can get hurt, and you might
save thirty days.
Mr. Andrews: If the Commission is tolerant of that, fine.
I am willing to do that.
Mayor Ferre: We will have discussion with those plans, and
I want it as part of the motion, if we are going to make such a
motion, that the moment these drawings are available that each and
every one of these commissioners, including myself, get a copy of
it,, and that it will be reviewed on the 12th day of September, and
at that time if there are any objections we can either extend or
withdraw, or amend ---
Mr. Andrews: Or amend in sufficient time to receive them.
All right, then may I suggest that the Commission adopt a motion
to that effect, and then adopt the resolution, because that will
be the predicate for the resolution.
103
JUL 111974
Mr. Plummer: I am not going to make it; I don't agree
with it.
Mayor Ferret I'll make the motion. I don't think we
have got anything to lose. I'll word it carefully. I move
that on August 19th or before --no, I guess August the 19th--
that the Manager be instructed to put the plans out to the
appropriate contractors who wish to bid on this building, and
that the bid day be September the 20th, provided, however, that
once the plans are available for the bid procedure that copies
be made available at the Commission Room upstairs of the full
bid document, including the plans, for the inspection and per-
usal of the Commission, and that furthermore that this matter
be an item on the agenda on September the 12th for discussion,
should this Commission at that time wish to change, amend or
extend the bid time and procedure.
Thereupon the following motion was introduced by Mayor
Ferre, who moved its adoption:
MOTION NO. 74-616
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ADVERTISE FOR BIDS ON AUGUST 19,
1974 FOR THE PR, POSED DOWNTOWN POLICE HEADQUARTERS
BUILDING; SAID BIDS TO BE RECEIVED SEPTEMBER 20,
1974 AND TO FURNISH THE COMMISSION WITH A SET OF
THE PLANS, SPECIFICATIONS AND BIDDING DOCUMENTS
FOR ITS INSPECTION AS SOON AS THEY ARE AVAILABLE
AND TO PLACE THE MATTER ON THE AGENDA FOR THE
SEPTEMBER 12TH MEETING OF THE COMMISSION FOR ANY
CHANGES WHICH THE COMMISSION MIGHT DESIRE TO MAKE
PRIOR TO RECEIVING THE BIDS
Upon being seconder. by Reverend Gibson the motion was
adopted by the following vote - AYES: Reverend Gibson, Mrs.
Gordon, Mr. Reboso and Mayor Ferre. NOES: Mr. Plummer.
NOTE: Prior to introducing the motion the Mayor surrendered
the Chair to Vice -Mayor Manolo Reboso, and subsequent
to the adoption of the motion the Mayor resumed the
Chair.
Reverend Gibson: I hope that any future bidding by this
Commission, anybody, that the language be more exact and ex-
plicit than was in that contract with those gentlemen that I
heard here today. (Resolution No. 74-615 earlier in the meet-
ing) I shall always remember the late Bill Baggs. He went to
a lawyer to get a will drawn. The lawyer was telling him what
he ought to put in; this and that, and he said, No, Man, I do
know the king's language. I was distressed that that gentleman
left here with a misunderstanding, and that gentleman left here
with a misunderstanding. I am not saying that there were justi-
fied. Let me tell you something. P.R.-wise that's not good for
us. I just want you all to be dog gone sure in the future that
if there is any question in anybody's mind you all better explain
04
JUL 111974
to them in detail and everybody better understand, because
next time I am gOing to offer a mouton to do just what that
man wanted done, because I have some concern. Now I am not
saying that you did the wrong thing, but any time you can't
write things so that, not the professionals, the average
citizen can understand, brother we are in trouble.
Mr. Plummer: On this sheet, this document, Mr. Moore,
that we were given, information system costs, would you come
up to the platform for just a minute, if you are the proper
party, Jack, or whoever it is. I need to know down here where
the double asterisk is, on the eight hundred thousand dollars
worth of equipment, it says this assumes all costs are assigned
to the MPD and are not shared by other City departments. Now
is that just costs, or is that costs and equipment. Am I try-
ing to read something in there that is not in there?
Mr. Bialek: Sir, that column is labeled equipment.
Mr. Plummer: So in other words, when the purchase of that
equipment is made, the total cost of that equipment will be
assumed by MPD, but it will be used by all City departments.
Mr. Bialek: That's a decision by the City. What we are
saying is that in our original design we were told to stay
with the requirements of the Police Department, so we have a
system here which stands by itself and can be used by the
Police Department. In the letter transmitted to you it stated
that this system could be enlarged by you as a joint system
for the City. But these costs here are assuming that you don't
do that, because we had no specific instructions to construct
them any other way.
Mr. Plummer: Paul, I want you to go on record that this
here is nothing other than exactly what I am reading. If the
City chooses to purchase this eight hundred thousand dollars
piece of equipment, managemenrsupport, that that w ill be used
by the entire city, not just by the Police Department, but that
the cost will be assumed by the Police Department. Is that
what I am reading?
Mr. Andrews: That's right. What they have done here in the
Management Support, is to indicate that if a separate computer
was to be purchased and the software, that this would be the
approximate cost. This cost can then be allocated to some other
computer, or a portion of it can be.
Mr. Bialek: That's correct.
Mr. Plummer: That all costs are assigned to MPD, and are
not shared by other City Departments. The point I am making is
that if that piece of hardware is purchased the cost of it will
be assigned to the MPD, but it can be used by all City Depart-
ments.
Mr. Andrews: Yes. Let me put it another way, Mr. Plummer,
so that it is abundantly clear and that we are communicating
with one another. If a year from now or two years from now, if
105
JUL 111974
•
we found that it was desirable to have a completely separate
computer for computerizing the rest of the city, excluding the
Police Department, and we decided that it was best to locate
that computer right here in City Hall, and the decision was
made that the„Management Support System of the Police Depart-
ment should be put on the City Hall computer, then you would
pick up those costs attributed to the Police Department func-
tion and they would be this, or somewhat less, to be added to
the City Hall computer.
Mr. Plummer: That isn't what it reads here. This presumes
all costs, all costs, are assigned to the MPD.
Mr. Bialek: Yes, sir, and with this document we are
talking about only MPD functions., only.
Mr. Plummer: No, you do speak to, and are not shared by
other departments.
Mr. Bialek: Yes, sir. The costs are not shared by any-
body.
Dr. Moore: If you decide to buy this computer for the MMPD,
then they have to share that cost. We have not looked into
City requirements. We have been specifically charged not to
look into City requirements, so I can't give you an answer. as
to what the City will do.
Mr. Andrews: Then these costs would be shifted, and I would
believe they would be somewhat less.
Mx. Plummer: So we are wrapping it up today. We have spent
roughly one million three hundred and sixty thousand dollars.
Mr. Bialek: Yes, sir. The One Million three hundred and
sixty thousand that Mr. Plummer refers to is the procurement
authorized here today of eight hundred ninety-three thousand
dollars, plus the development costs associated with that; yes,
sir.
Mr. Plummer: Which comes to the one million, three hundred
sixty thousand. We have spent no more.
Mr. Bialek: That's right.
Mr. Plummer: Can we just go on record that the City
Attorney make sure that in the final contract it clearly pro-
vides that the price of the two computers purchased in this
agreement is not dependent upon the purchase of any additional
computers from this same bidder.
Thereupon the following resolution was introduced by
Reverend Gibson, who moved its adoption:
RESOLUTION NO. 74-617
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ADVERTISE FOR BIDS FOR THE MIAMI MODERN
POLICE HEADQUARTERS BUILDING DURING THE MONTH
OF AUGUST AS SOON AS POSSIBLE AFTER RECEIPT
OF THE PLANS AND SPECIFICATIONS THEREFOR
106 JUL 111974
Caere follows body of resolution, omitted here and
on file itt 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. Reboso and Mayor Ferre. NOES: Mr.
Plummer.
Mr. Andrews: One other matter. I brought this out in
my initial presentation. I want the Commission to assist me
in still going through many complicated matters with reference
to the computerization,and further, the communications aspect of
this police modernization, and I am asking that you give me the
privilege of having Booz Allen and SRI meet with me so that I
can resolve any differences, hopefully, and come back to the
Commission with specific recommendations. Also the Department
of Communications has had some differences of opinions on
certain aspects of communications with the specific police offi-
cer in the field, and they differ from a combined approach that
SRI and the Police Department is planning, and I want to come
back with a recommendation.
Thereupon a motion to adopt the recommendation of the City
Manager in this matter was introduced by Mr. Plummer, seconded
by Reverend Gibson and adopted unanimously.
61, PERSONAL APPEARANCE - MARIO PEREZ REGARDING SUPPER CLUB LICENSE
AT MONTMARTE CLUB
DISCUSSION ONLY
The Mayor read the following letter from the law offices
of Sager & Burns dated July 11, 1974, and addressed to him:
Mr. Perez has expended substantial funds in order to be
able to complete, with only minor exceptions, all work required
by the Supper Club Ordinance. Completion of the details, such as
decorative plastering on the completed walls, will be done within
two weeks.
Mr. Perez respectfully requests authority to operate as a
Supper Club under the Supper Club license which was issued April
16, 1974 at a cost of $632.50 for only six months.
Such temporary authority would allow time to complete
the balance of the work and processing of his application by the
City (Including various required inspections) in order that he have
a full six months trial period before returning to the City Com-
mission for final determination.
Mayor Ferre: In other words, what has happened is that you
haven't finished. Is that right?
Mr. Mario Perez, representing Cafe Montmarte: Yes.
Mayor Ferre: And you need another two weeks to finish.
Mr. Perez: I need a couple of weeks to finish.
Mayor Ferre: Is there any reason why we can't do this?
107
JUL 111974
•
John Lloyd, City Attorney: Yes, Sir. This is actually
a request for an instant variance, without going through the
toning Board and making the proper application, and it's a
usurpation of the Building Director's powers to grant a certif-
icate of use and occupancy. When they finish it they can then
come forward.
Mr. P. W. Andrews, City Managers And we can grant it.
It's to their advantage to accomplish this as quickly as possibly,
and as soon as they do they will have compliance and ---
Mayor Ferre: The problem is he has got a show going on
over there. There is no relief we can give the man?
Mr. Lloyd: Not in this area. I don't know of any other
way.
Mayor Ferre: When is the six months up?
Mr. Perez: October the 15th at midnight.
Mayor Ferre: And you can't do it before October 15th?
Mr. Perez: Yes, i'll be done in two weeks with this job,
but it seems that ---
Mayor Ferre: Well, I don't understand what the problem is.
Mr. Plummer: I'll tell you what the problem is. He had to
comply with all of the things to upgrade to even be considered
for a supper club. Now, from the time you get that application
processed and get his certificate of occupancy, which allows him
to operate until three o'clock is when the clock starts running
on the six months. The six months don't even start running un-
til you are operating as a supper club.
Mr. Perez: How come they sold me the license on February
15th?
Mr. Lloyd: He is talking about the fact that the licensing
year ends 30 September and 1 October is the date of the new
licensing year. I think that is what he is talking about.
Mr. Perez: They sold me a supper club license besides
the one I already have.
Mayor Ferre: What he is saying is that his license is
out September 30th and he needs two more weeks. Is that what
you are saying?
Mr. Perez: Yes.
Mr. Plummer: Are you staying open now until three?
Mr. Perez: I have been staying open for two months already.
The City Manager has got reports that the Police made every day
from the Montmarte.
108
JUL. 111974
Mayor Ferre; Well, what is the question? I don't under.-
stand this.
Mr. Andrews: The questions is that the license was issued
on the provision that they would take these improvements in a
reasonable length of time. Now that has not occurred, and there
was a list of additional improvements that this ordinance was
predicated on. This has not taken place. There is no evidence
that it is going to occur.
Mr. Perez: A lot of things have been done already. Four
walls have been erected already.
Mr. Ronald Mayer, Assistant Building Director: As of
July the loth we had an inspector. There were four pieces of
property which were to have improvements so that they could be
used for supplemental parking. Now one of these four pieces of
property has completed the improvements which were to be done.
There were some of the complaints of the neighbors, that these
things were promised and weren't built.
Mayor Ferre: That's the most important thing that you
have got to address yourself to, because that's what the neigh-
bors were complaining about.
Mr. Perez: All the walls are erected. The City inspector
recommended a temporary permit.
Mr. Andrews: I want to remind the Commission that when
the public was here and this matter was discussed the Commission
made certain commitments that these things would be done as a
compliance, and those people left here ---
Mayor Ferre: Amen, and you have got to do it.
Mr. Perez: I am almost finished. It is nothing we can do
overnight.
Mr. Plummer: lbw was he able to start operating without
these improvements. I never knew that you operated that way.
Mr. Mayer: He was not. There was nothing issued. We
did not issue anything. He probably went down to the license
bureau.
Mr. Plummer: But he was not supposed to start the three
o'clock operation until he completed these and got a certificate
of occupancy. He has been doing it all this time under the
thought of, well, I'll get it done and then I'll get a certificate
of occupancy.' So, actually, the tail is wagging the dog.
Mr. Perez: Well, how come the City sold me a license for a
supper club?
Mr. Andrews: To try to solve a problem for yourself and
for the community, and the Commission was attempting to solve
the problem for you, and it was intended all this time that you
provide these improvements.
109
JUL 111974
Mr. Perez: How can I get the extra income to do all that?
Mayor Ferre: Well, that's not our problem. I'll tell you,
you have got a problem, and you had better get all that done or
you are going to have a worse problem, because we have got an
obligation, and as far as I am concerned --you know, everybody
here voted for this, but we have got an obligation to the people
in the neighborhood, and we have got to live up to that, so you
have got to do it too; so I don't know what we can do. Are you
closing him down?
Mr. Plummer: They have already closed him down.
Mr. Lloyd: They are not closed down; they just can't
operate on those extended hours with the supper club.
Mayor Ferre: My advise to you is you had better tell your
contractors to do that as quickly as they can possibly do it, so
you can then open 'till three. I don't see how this Commission
can do anything. And you know that everybody here wants to help.
Does anybody here see another solution to it?
Mr. Andrews: It is incumbent upon hind to react as rapidly
as possible and get these things in place, and we will cooperate
with him in any way we can.
No action was taken on the request.
62. RESOLUTION - PROPOSED CHARTER AMENDMENT #6 SALARIES OF CITY
COMMISSIONERS
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
RESOLUTION NO. 74-618
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, SAID
AMENDMENT AS PROPOSED TO BE REFERRED TO AS
CHARTER AMENDMENT NO. 6 FOR SUBMISSION TO
THE ELECTORS OF THE CITY OF MIAMI IN THE
NOVEMBER 5, 1974 STATE OF FLORIDA AND DADE
COUNTY GENERAL ELECTION, FOR THE PURPOSE OF
INCREASING THE SALARIES OF THE COMMISSIONERS
OF THE CITY OF MIAMI, OTHER THAN THE MAYOR,
TO $15,000 PER YEAR, THE SALARY OF THE MAYOR
TO REMAIN AT $5,000 PER YEAR, THE INCREASE IN
SALARY TO BECOME EFFECTIVE BEGINNING DECEMBER
1, 1974
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
110
Upon being seconded by Mr. Reboso the resolution was
pasted and adopted by the following vote - AYES: Reverend Gibson,
Mr. Reboso and Mayor Perre. NOES: Mrs. Gordon and Mr. Plummer.
The Mayor, prior to introducing the resolution, relin-
quished the Chair to Mr. Plummer.
An ordinance entitled -
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 4 (h) OF THE CITY OF
MIAMI CHARTER FOR THE PURPOSE OF INCREASING THE
SALARIES OF THE COMMISSIONERS, OTHER THAN THE
MAYOR -COMMISSIONER, TO $15,000 PER YEAR; THE
SALARY OF THE MAYOR -COMMISSIONER TO REMAIN
$5,000 PER YEAR; AND SUBMITTING SAME TO THE
ELECTORS OF THE CITY OF MIAMI IN THE NOVEMBER
5, 1974 STATE OF FLORIDA AND DADE COUNTY
GENERAL ELECTION; PROVIDING THAT THIS PROPOSED
CHARTER AMENDMENT SHALL BE REFERRED TO AS PRO-
POSED CHARTER AMENDMENT NO. 6; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON-
TAINING A SEVERABILITY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENS-
ING WITH THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF TIE MEMBERS OF THE COMMISSION
was introduced by Mayor Ferre and seconded by Mr. Reboso for
adoption as an emergency measure and dispensing with the re-
quirement of reading same on two separate days. On roll call
the ordinance failed to pass as an emergency measure by the
following vote - AYES: Reverend Gibson, Mr. Reboso and Mayor
Ferre. NOES: Mrs. Gordon and Mr. Plummer. A four -fifths
vote of the Commission is required to waive the reading of an
ordinance on two separate days.
Thereupon the ordinance, without the emergency provision
and the provision waiving the reading of same on two separate
days, entitled -
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 4 (h) OF THE CITY OF
MIAMI CHARTER FOR THE $URPOSE OF INCREASING THE
SALARIES OF THE COMMISSIONERS, OTHER THAN THE
MAYOR -COMMISSIONER, TO $15,000 PER YEAR; THE
SALARY OF THE MAYOR -COMMISSIONER TO REMAIN
$5,000 PER YEAR; AND SUBMITTING SAME TO THE
ELECTORS OF THE CITY OF MIAMI IN THE NOVEMBER
5, 1974 STATE OF FLORIDA AND DADE COUNTY GENERAL
ELECTION; PROVIDING THAT THIS PROPOSED CHARTER
AMENDMENT SHALL BE REFERRED TO AS PROPOSED
CHARTER AMENDMENT NO. 6; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSO-
FAR AS THEY ARE IN CONFLICT; CONTAINING A SEVER -
ABILITY PROVISION
was introduced by Mayor Ferre, seconded by Mr. Reboso, and passed
111
Jail 1974
on first reading by title by the following vote - AYES:
Reverend Gibson, Mr. Reboso and Mayor Ferre. NOES: Mrs.
Gordon and Mr. Plummer.
Mayor Ferre: That leaves us, as I understand it parlia
mentarily, that it passed on first reading but not on second,
because there was a four -fifths requirement, which means that
it has to be read again in thirty days, and if the County
Commission has a meeting at that time then they can put it on,
and if it doesn't, well, that's it.
63. 1974-75 BUDGET - ANNOUNCEMENT OF SUBMISSION TO COMMISSION:
Mayor Ferre: As I understand it from the Manager it is
his expectation to have the budget ready for submission to us
and to the public on the 19th day of July. Now, it is my
opinion, and I'd like your opinion, that we ought to, before
going on vacation, have the first full -day session of the bud-
get hearings for this purpose. As you recall in the past, and
I am sure that we will do it the same way, we have the first
day as a general explanation of the budget, and then beyond
that we get into the specific requests of each department, and
we hear department heads, and so on, and people start coming in
for those discussions. Those are the long, time-consuming dis-
cussions. I think those we should hold in September, but the
first meeting, which is the general explanation meeting, I
think we should hold in July, and the reason is that then that
will give us a thorough knowledge of the premise of the budget,
and then it will give us all of August for each of us who want
to study and ask questions, and so on, and at least we will go
into our August recess with more understanding of the budget
than if we just have a written document.
Mr. Plummer: 'bu always have a budget message in front
which outlines the procedures and changes, and ---
Mayor Ferre: But, J.L., you know as well as I do that we
have got to go into a full four or five hours of talk and explan-
ations with questions, and ---
Mr. Plummer: Mr. Manager, are you going to have negotia-
tions with the employees finished by the 19th? Because that's
going to be your main factor. That's 85% of your budget.
Mr. Andrews: I would say, if I can use a percentage, we
will have 90 or 95% of all our discussions completed by then,
save the one area of the discussions as far as pensions is con-
cerned. Everything other than that will be completed. I would
say that by the end of July we will have completed all our dis-
cussions. I think all the economic issues will be included in
the budget.
Mr. Plummer:.I would like to follow the regular procedure
that we have in the past. If you would like to move it up to
an earlier date in September, that's fine with me, but I think
that additional time which the Manager can have would be well
in accord rather than have it in July. What I am saying is I
am giving the Manager more latitude to get the budget prepared.
112
JUL 111974
ADJOURNMENT*
There being no further business to come before the
Commission the meeting was adjourned at 6:45 o'clock P.M.
MAURICE A. FERRE
MAYOR
ATTEST: H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
113
JUL 111974
cri OF M AM 1
DOCUMENT
MEETING DATE:
INDE July 11, 1974
ITEM NO4 DOCUMENT IDENTIFICATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
COMMISSION AGENDA & CITY CLERK REPORT
(20 Pages)
GRANT VARIANCE FROM ORDINANCE NO. 6871-
TWO STORY ADDITION CONSTRUCTION -HIGHLAND
PARK-1501 N.W. 9TH AVENUE
CLOSING 173 FEET OF S.W. 3RD STREET WEST OF
S.W. 15TH AVENUE
FEES FOR USE OF THE BAYFRONT PARK BANDSHELL
BY THE UNITED CEREBRAL PALSY ASSOCIATION
FREE USE BAYFRONT PARK AUDITORIUM -CORAL
GABLES JUNIOR WOMAN'S CLUB
FREE USE OF DINNER KEY EXPOSITION HALL TO
MIAMI-DADE COMMUNITY COLLEGE -DOWNTOWN CAMPUS
EXTENSION OF LEASE AGREEMENT -CITY OF MIAMI
AND THE BALTIMORE BASEBALL CLUB INC.-
ALLOCATING $1,102.00 FROM CAPITAL IMPROVEMENT
FUND -SPECIAL CONSULTANT SERVICES -CITY HALL
OFFICE ALTERATIONS AND ADDITIONS-1974
PURCHASE -INSULATION PRIMARY CABLE -ORANGE
BOWL STADIUM
AGREEMENT METROPOLITAN DADE COUNTY AND MONROE
COUNTIES TO IMPLEMENT A MIAMI RECREATION
SUPPORT PROGRAM
CONTRACT-TOUCHE ROSS & CO. -EXTERNAL AUDIT OF
FINANCIAL ACCOUNTS,RECORDS AND FISCAL
AFFAIRS -FISCAL YEAR ENDING SEPT.30-1974
ACCEPTING HIGHWAY RIGHT OF WAY DEED -ROTUNDA
STRUCTURES INC.-NORTH SIDE OF S.E. 5TH
STREET AT BRICKELL AVENUE
COMPLETE SETTLEMENT PROPERTY DAMAGE CLAIM OF
THE CITY OF MIAMI VERSUS JOSE GARRIDO
CLAIM SETTLEMENT-JANE BROMQVIST AND ERIK J.
BLOMQVIST,JR.
CLAIM SETTLEMENT-KAREN Mc-KENSIE
CLAIM SETTLEMENT-WILLIAM T. ROUNDTREE
ACCEPT BID -NEW YORK SANI-CAN INC.-FURNISHING
YARD TRASH CONTAINERS -DEPARTMENT OF
YACHT DOCKS
COMMISSION T RETRIEVAL
ACTION CODE NO.
R-74-575
R-74-576
R-74-577
R-74-578
R-74-579
R-74-580
R-74-581
R-74-582
R-74-583
R-74-584
R-74-585
R-74-586
R-74-587
R-74-588
R-74-589
R-74-590
0064
74-575
74-576
74-577
74-578
74-579
74-580
74-581
74-582
74-583
74-584
74-585
74-586
74-587
74-588
74-589
74-590
DOCU ENT4NDE)
CONTINUE
ITEM NO.DOCUMENT IDENTIFICATION
18
19
20
21
22
23
24
25
26
I 27
28
29
30
31
32
33
PAGE # 2
COMMISS ION -I RETRIEVAL
ACTION-- CODS 1 O.
ACCEPT BID-WESTINGHOUSE ELECTRIC CORPORATION -
NEW FIELD LIGHTS FOR THE ORANGE BOWL
STADIUM
AWARD BID-GARCIA ALLEN CONSTRUCTION COMPANY
INC.-SHENANDOAH HIGHWAY IMPROVEMENT
SECTION A- H-4362
CONSTRUCTION OF EXPERIMENTAL CURB ACCESS
RAMPS FOR PEOPLE IN WHEEL -CHAIRS
RENTAL FEE OF THE MIAMI STADIUM BY THE
ATHLETIC FEDERATION OF MIAMI
APPROVING PLANS SUBMITTED BY SOL W. MEYERSON
FOR IMPROVEMENTS IN THE MIAMI FASHION
DISTRICT
APPOINTING YVONNE Z. SANTAMARIA-MEMBER
COMMISSION ON STATUS OF WOMEN -FILL
VACANCY RESIGNATION MRS. GRACE ROCKAFELLAR
AUTHORIZING EXPENDITURE FOR LIGHTING AT
WYNDWOOD PARK
AGREEMENT METROPOLITAN DADE COUNTY AND
MONROE COUNTIES TO IMPLEMENT A MIAMI
RECREATION SUPPORT PROGRAM
PROVIDING THAT NO APPLICATIONS FOR BUILDING
PERMITS SHALL BE ACCEPTED FOR NEW
CONSTRUCTION FOR COCONUT GROVE UNTIL JULY
26,1974
GRANT A QUITCLAIM DEED TO MIAMI-DADE WATER
AND SEWER AUTHORITY-VIRGINIA KEY
TREATMENT PLANT
CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE
CHARTER OF THE CITY OF MIAMI TO BE
SUBMITTED TO ELECTORS IN NOV. 5, 1974
CITY ATTORNEY TO PREPARE AMENDMENT TO CHARTER
CITY OF MIAMI-PROVIDING FOR THE
CONSOLIDATION OF ALL BONDS INTO A SINGLE
ISSUE
ACCEPT BID-E-SYSTEMS,INC-FURNISHING COMPUTER
SYSTEM FOR POLICE DEPARTMENT
AGREEMENT WITH STANFORD RESEARCH INSTITUTE
FOR THE THIRD AND FINAL PHASE OF THE
MMPD PROGRAM STUDY
AUTHORIZING CITY MANAGER TO ADVERTISE FOR
BIDS FOR THE MIAMI MODERN POLICE
HEADQUARTERS BUILDING
CITY ATTORNEY AMENDMENT CHARTER NO. 6 FOR
SUBMISSION ELECTORS CITY OF MIAMI-
GENERAL ELECTION NOV. 5, 1974
R-74-591
R-74-592
R-74-593
R-74-594
R-74-595
R-74-596
R-74-597
R-74-605
R-74-606
R-74-607
R-74-608
R-74-6I3
R-74-614
R-74-615
R-74-617
R-74-618
74-591
74-592
74-593
74-594
74-595
74-596
74-597
74-605
74-606
74-607
74-608
74-613
740614
74-615
74-617
74-618
PAGE # 3
.DOCU .ENTINDEX.
DOCUMENT IDENTIFICATION
ITEM NO.
34
ORDINANCE -PROPOSED CHARTER AMENDMENT -
SECTIONS 15, 19 AND 62-ADDING DEPUTY CITY
MANAGERS TO UNCLASSIFIED POSITION
0065