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Home My WebLink AboutCC 1974-11-07 Minutest„, Y OF MIAMI OMMISSION MINUTES OF MEETING HELD ON NOVEMBER 7, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 15 16. 17. 18. 19. 20 21. 22 ORDINANCE OR RESOLUTION NO PAGE 110 PERMIT TO CONSTRUCT NEW FIRE STATION NO. 6. AT 3600 NW 'NTH AVE: VARIANCE REQUEST -LOT 5, TENTATIVE PLAT "MICANOPY WOODS" COACOOCHEE STREET-REO. REDUCE ZONED STREET WIDTH: REZONING - LOTS 77 & 78 MARDEN HEIGHTS 2ND SECTION FIRST READING: MODIFICATION OF COND. USE -LOTS 9, 10, 11, 12, ORCHID DELL GARDENS -DEFERRED COND USE -MECHANICALLY OPERATED PARKING LOT AT NW CORNER NE 3RD ST. & BISC. BLVD: BLDG PERMIT- DEMOLITION OF BLDGS FOR PARK EXPANSION -COCONUT GROVE BANK: BLDG PERMIT -APT BLDG AT 2629 TIGERTAIL AVE: APPOINTMENT TO PLANNING AND ZONING BOARDS - STREET LIGHTING MAINTENANCE -CITY MANAGER TO STUDY FEASIBILITY OF CONTRACTING FOR AND SOLICIT PROPOSALS: PRESENTATIONS & PROCLAMATIONS: JACK FALK - CONDOLENCES TO FAMILY: AGMT- OMNI INTERNATIONAL -STREET IMPROVEMENTS IN PLAZA VENETIA: LITIGATION-POLIC E SGT. OTIS DAVIS: RETIRED CITY EMPLOYEES -PENSION BENEFITS . 1% INCREASE BASED ON YEARS OF SERVICE NORTH 71ST STREET DR. PROJ-ACPTG COMP. WORK: SR-5316-C (SAN MARCO SAN. SEWERS) -FIXING PUBLIC HEARING FOR OBJ TO WORK: JAPANESE GARDENS -PROPOSED USE FEES: NIGHT CLUBS -EXEMPTING FROM MINIMUM SPACE REQUIREMENTS AMTRAK-URGING REINSTATMENT OF RAIL PASSENGER SERVICE THROUGH ATLANTA: PSYCHIATRIC CONSULTANT SERVICE FOR POLICE DEPT - AGMT. WITH DR. ARNOLD LIEBER: CLAIM SETTLEMENT - ARTHUR LANDRY: 74-1212 (1st read) 74-1213 74-1214 74-1215 74-1216 74-1217 74-1218 74-1219 8323 74-1220 74-1221 74-1222 1 2--7 8 9--10 10-21 22 22--25 26 27 28--33! 34 34 35-40 41-42 43--45 46 46 . 47 48 48 49 49 ITEM NO. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ORDINANCE OR PAIL NO RESOLUTION NO 23 24. 25. 26. 27. 28 29 30 31 32 33. 34. 35. 36. 37. 38 39. 40 41 42. 43 TAXICABS-REPLACEM3NT CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY - YELLOW CAB CO. FIRE RESCUE DIVISION -RATIFYING EMERGENCY PURCHASE OF MEDICAL SUPPLIES: ENVIRONMENTAL PRESERVATION REVIEW BOARD- SOHICITATION OF NAMES OF PROSPECTIVE MEMBERS: RETIREMENT SYSTEM AMENDMENT -REDUCING NOTICE TO RETIRE FROM 30 DAYS TO 10 DAYS: OFF'-STRJ ET PARKING BOARD -REAPPOINTING MITCHNI,L W('•Lr'SON : ZONING ORDINANCE AMENDMENT -SPECIAL PLANNED DEV. DISTRICT -CENTRAL ISLAND DIST.- CLAUGHTON OR BURLINGAME ISLAND LITIGATION -POLICE SGT OTIS DAVIS DISCUSSION; OLD PORT PROPERTY DEV. FOR PARK PURPOSES - REPORT OF EDWARD D. STONE,JR. BICENTENNIAL PARK -"PEOPLE MOVING SYSTEM", WATER TRANS PORTATION SYSTEM BETWEEN CITY PARKS: REZONING -LOTS 1 & 2, BLK 1, SILVER BLUFF BUSINESS CENTER: 74-1223 74-1224 74-1225 8324 74-1226 74-1227 74-1228 8325 REZONING -LOTS 8 & 9, BLK "G" & LOTS 8 & 9 BLK "H", BRICKELL HAMMOCK UNIT #1 8326 AUTOMOTIVE VEHICLES --IMPOUNDING AMD CODE: 8327 IMPOUNDED AUTOMOTIVE VEHICLES -TOWING & STORING - AMENDING CITY CODE: 8328 MINI -BUS OPERATION - PUBLIC HEARING -MIAMI • MINI-ALIADOS: DAY CARE PROGRAM AT SILVER BLUFF-APPRECIATIO TO CITY COMMISSION FOR CONTINUATION: MINI -BUS OPERATION -PUBLIC HEARING CONT'D- MIAMI MINI-ALIADOS: 74-1229 ZONING ORDINANCE AMENDMENT -SPECIAL DEV. DIST! 8329 ZONING ORDINANCE AMENDMENT -CENTRAL ISLAND DISTRICT SPD-1: 8330 REZONING - CLAUGHTON OR BURLINGAME ISLAND- SPD -1: 8331 ACPTG BID -BATTERY CHARGERS: ACPTG BID CLEMENTE PARK BALL FIELD LIGHTING: H-4361-NW 29TH ST. HIGHWAY IMPROVEMENT- ACPTG BID: 74-1230 74-1231 74-1232 50 50 51 51 52 53-56 56-59 60-76 77 78 78 78 79-- 81 81-11 113 113-1 114 114 115 115 ITEM NO, INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR SUBJECT RESOLUTION NO. PAGE NO. 44 45. 46. 47. 48. 49. 50. 51. 52 53 54 55. 56. 57. 58. 59. 60. 61. 62. 63 ACPTG BID SW 27TH AVENUE PAVING PROJECT: 74-1233 ACPTG BID NORTHERN DR. PROJ E-32 O. BOWL IMPROVEMENT PROGRAM -CONSULTING SERVICE AGMT DISCUSSION: NEW DEPARTMENT OF MANAGEMENT SERVICES - DISCUSSION: HIALEAH RACE TRACK -OPPOSING CLOSING: "PEOPLE MOVER" SYSTEM IN DOWNTOWN AREA- REQ. COUNTY TO STUDY FEASIBILITY: MIAMI MODERN POLICE HEADQUARTERS PARKING GARAGE -CITY MANAGER TO SELECT FIRMS FOR REQUIRED PROFESSIONAL SERVICES: RAPID TRANSIT STUDY COMMITTEE-APPTG. MANOLO REBOSO AS CITY'S REPRESENTATIVE: LEGION PARK DAY CARE CENTER -PROVIDING FUNDS FOR SENIOR ADULT DAY CENTER TO BE ADMINISTERED BY THE DOUGLAS GARDENS JEWISH HOME FOR THE AGED: 74-1239 74-1234 74-1235 74-1236 74-1237 74-1238 MINI -BUS SERVICE -CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY TO MIAMI MINI- ALIADOS: 74-1240 LEGION PARK SENIOR DAY CARE CENTER-AGMT WITH MIAMI JEWISH HOME FOR THE AGED TO OPERATE PROGRAM: 74-1241 COCONUT PALM BLIGHT -REQUESTING AID FROM DOMINICAN REPUBLIC & CITY OF BOGOTA, COLUMBIA IN REPLENISHING LOST TREES: 74-1242 TAXICABS -ALTERNATE USE STUDY -FIXED ROUTE FROM "LITTLE HAVANA" TO JACKSON HOSPITAL AMENDING CODE TO PERMIT: 8332 ACPTG DEED- LOTS 1 THRU 12, BLK 18, FLORAL PARK: 74-1243 POLICE DEPT REQUESTING PROFESSIONAL OBJ. INVESTIGATION CITY MANAGER TO SOLICIT PROPOSALS: 74-1244 CHIEF OF POLICE -POLICY OF COMMISSION WITH REPSECT TO SELECTION: 74-1245 TORCH OF FRIENDSHIP-C?TY MGR. TO ENTER INTO CONTRACT WITH CANTELOP CONSTRUCTION CO. FOR RECONSTRUCTING: 74-1246 CITY COMMISSION OFFICES -PROVIDING FUNDS: 74-1247 CITY COMMISSIONERS OFFICES -PURCHASE OF FURIISHINGS: 74-1248 CITY COMMISSIONERS OFFICES APPROVING CITY MANAGER'S MEMO ON LOCATION AND AMOUNT OF SPACE: 7 4-+12 49` 116 116 118 18-121 121- 21- 122 22 123 123 124 124 125 125 126 126 127 127 128 129 ITEM NO. SUBJECT 64 65. 66. 67. 68 69. 70. 71 72. 73. 74. 75 76. 77 78 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION Nt. PAGE NO RETIREMENT SYSTEM AMENDMENT -EXTENDING TERM OF EMPLOYEE MEMBER OF BOARD: INTERNATIONAL FOLK FESTIVAL-AGMT WITH MORTY FREEMAN FOR CONSULTING SERVICES: MIAMI STAR THEATER -AUTHORIZING CITY TO SPONSOR DURING PERIOD NOVEMBER 1974 THROUGH SEPTEMBER 1975; ARTISTS IN RESIDENCE CULTURAL DANCE EDUCATION PROGRAM -CITY MGR TO SUBMIT APPLICATION TO FLORIDA FINE ARTS COUNCIL FOR GRUNT: LITIGATION-F.E.C. FILLING OF PROPERTY NEAR OLD PORT SITE -CITY ATTY REPORT: MARINE STADIUM IMPROVEMENTS -REQUESTING CITY MANAGER TO SUBMIT RECOMMENDATIONS: PROPOSED CONVENTION CENTER -DISCUSSION: INTERAMA- GRAVES TRACT -DISCUSSION: BLDG PERMIT -APARTMENT BUILDING AT 2679 TIGERTAIL AVENUE: APPOINTING MEMBERS TO COMMITTEE TO PROCEED WITH PLANS FOR SERVICES TO THE SOON TO BE RELEASED INMATES OF PENAL INSTITUTIONS: MIAMI BOXING STEERING COMMITTEE -APPOINTMENT; BOXING COMMITTEE DESIGNATING ONE TYPEWRITER FOR USE OF: LATIN RIVERFRONT PARK -CITY ATTORNEY's REPORT ON ACQUISITION OF PROPERTY: DOWNTOWN GOVT CENTER -CITY ATTORNEY'S REPORT ON ACQUISITION OF PROPERTY: LITIGATION -CITY ATTORNEY'S REPORT - CONDEMNATION OF "WILSON" PROPERTY: 8333 74-1250 74-1251 74-1252 74-1253 74-1254 74-1255 74-1256 129-130 L31- 131- 132-135 136 136-137 137 137 139 139 139 139 139 140 141 • • MINUTES nF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the lth day os NovembeJ, 1914, the City Commission os Miami, Ftotida met at .its AegutaJ meeting ptace in said City .in hegutan session. The meeting was catted to o&deA at 9:05 O'Ctock A.M. by Mayon Mauaice A. Fe&Ae, with the £ottow.ing members o S the City Commission Sound to be p&es ent: Commiss.ionek J. L. Ptummet Comm.i44.ionek -RV -GoAdon- Y1'` Commissioner Theodore R. GLb.son Vice Mayo& M t i-` b.v4D-- e Mayo& Maui.ice A. Fe&Ae ALSO PRESENT: P. W. Andrews, City Managet A. R. Cnoueh, Asst. City Manage& John S. Ltoyd, City Atto&ney H. O. Southern, City Ctetk An invocation was deUve&ed by Reverend Gibson who then red those p&esent in a p.eedge os atteg.ianee to the Stag. A motion to waive Aead.ing o S the minutes was made by CommJssione& Hammen, seconded by Reverend Gibson and passed unanimou.sty. 1. PERMIT TO CONSTRUCT NEW FIRE STATION NO. 6 AT 3600 NW 7TH AVE: (ZONING ORDINANCE REQUIREMENT) The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1212 A RESOLUTION GRANTING APPROVAL AS PER ORDINANCE NO. 6871 ARTICLE XVIII -1 TO PERMIT CONSTRUCTION OF A NEW FIRE STATION NO. 6 AT 3500 N.W. 7 AVENUE TRACT "A", MOORE PARK (36-45) AS PER PLANS ON FILE, SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING DEPARTMENT AND REMOVAL OF THE MALALEUCA TREES AS SHOWN ON THE LANDSCAPE PLAN; ZONED P-R (Public Park and Recreation) (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seoonded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 1 NOV 71974 2 . VARIANCE ROW, LOT 5, TENTATIVE PLAT OICANOPY WOODS" CLOSURE OF MICANOPY AVENUE - DEFERRED: Mr, Gould: My name is Dennis Gould, 35 N. E. 40 Street. Mr, Plummer: Mr. Gould, before you start, Mr. Action, your recommendation was for deferral. Have you yet taken it out of that status? Mr. Acton: We recommended deferral after the Zoning Board hearing to give the applicant and the two neighbors that are objecting an opportunity to try to resolve their differences. I think the Commission should listen to the applicant and the objectors to understand the problem that confronts the City in this particular application. Mr. Plummer: That's beautiful Mr. Action, but what is your recommendation? Mr. Acton: I still would like the Commission to review it. I still think that there is a vehicle to allow the two objectors; abutting property owners, to get the kind of access they want and still allow the applicant to approve his present plat. It's a matter of getting the applicant:and the 2 objectors to reach an understanding of how the 2 objectors can obtain access to the rear of their property and still give the applicant the type of re -platting. Rev. Gibson: Are the objectors here? If the objectors are here and the owners are here and the recomm- endation that they talk over and try to come to an agreement. It would appear to me that they ought to do that before they come to us. Mr. Acton! They have done that Commissioner Gibson. They did have one meeting but they couldn't reach a concurrence. Rev. Gibson: Are you all willing to talk again? If you aren't going to talk, then we ought to know it. If you are willing to talk, tell us that also. Let us speak to that phase of it. Mr. Lucius Williams: Commissioner Gibson, my objection is that the applicant wishes to deny me access that I have presently to this property. Mayor Ferre: Tell me where your property is - You are 15? Mr. Williams: Its 5 and part of 6. I presently have access to that public street. Mayor Ferre: Have you had access up until now? Mr. Williams: Legal access, yes. I do not utilize that access at present but it is legal access. Mayor Ferre: You have legal access and that legal access would be denied? Mr. Williams: With, the applicant's request, yes. What Mr. Acton is saying, that if the applicant wanted to do this in such a way so as to continue my legal access to the public right of way, then I would have no objection, but the way he has proposed it, would deny me legal access to that right of way and I bought this property, I bought it with the full knowledge of double access. Mayor Ferre: Well Mr. Gould„ there appears to be a legal problem here. Can't you do this and give him some kind of access to it. 2 NOV 71974 Mr. Gould: Mr. Mayor, I would like to make our presentation and tell you our reasoning. We own the property shown in blue and the one piece in yellow as shown on the map here. We are requesting a relocation of a previously platted cul-de-sac by the owner from which we purchased the property at the westerly terminus of Micanopy as it currently exists which would be abutting Mr. William's property. We have asked that this be relocated approximately 50' to the east so that we can accomplish several things. One of which is the screening of the property adjacent to us in terms of keeping with the quality of the project we have planned to build on this site. This site is one of the most heavily wooded and beautiful sites in the Coconut Grove area of the City of Miami. The nature of what we propose there is in keeping with the site as it exists now and has for some number of years. We have spoken b our neighbors, there have been walls all the way up that entire common boundary of ours which ranges from a northerly direction on the yellow coloring (referring to map) all the way down to a blue area on the southerly terminus and these walls and fences have been erected for some years, the road has been paved I might add and around 1952. No one has to date ever utilized that. We were proposing to relocate that so we can effectively screen the rear of the houses which generally don't look quite as nice as the front, in keeping with what we had proposed. We have however spoken to a number of the objectors. This did not reach a rapport, I understand, you show the objectors prior to the zoning hearing. I remember the ones with whom we spoke withdrew their objections when they heard what we were doing there. Since that time, others have offered letters and I would like to read one from Coconut Grove Civil Club addressed to Mayor Ferre and City Commisioners: "The Coconut Grove Civic Club hereby endorses Mr. Gould's proposed relocation of the cul-de-sac on Micanopy Avenue" "We feel that the relocation will be beneficial to the neighborhood as regards landscaping and privacy" We have similar notes of intent from Judge Osman who is a neighbor and Dr. Stewart and they are neighbors there and the church property immediately adjacent to it. Mayor Ferre: Submit those for the record. Mr. Gould: I have some slides and would like to demonstrate what we have there currently and what we hope to accomplish. This is a view from Colacootchee which is our easterly boundary in a westerly direction. The end of Micanopy is right here at this point. You will not the telephone pole and the trees there since the pavement does go back currently to the property line, these trees will denote the end of our property. This is the condition of the street after we had gone in and cleaned it, it was full of debris for a number of years. It was apparently a favorite dumping spot for old refrigerators and that sort. This was a picture taken prior to the zoning hearing showing Micanopy Woods listed as a subdivision. This is showing the sign and the adjacent property, this is the pole we mentioned a minute ago and one of the fences. This is a picture showing more of the debris and the telephone pole which would be the S.E. corner of Mr. Williams property and the foliage is on his adjacent neighbors property. The pavement essentially comes to a point in line with his telephone pole here. (a series of slides was presented showing different views of the property) 3 NOV 71974 • We are trying to show that there is not enough room for vehicular access by the time we show the location of the telephone pole and other things there and show the building that we want to effectively screen. Mayor Ferree I see your point and I think it is very important because what Mr. Williams said - legal access.. What you are saying is it doesn't mean anything from a practical standpoint of view he can't use it anyway. Mr. Gould: Well from a practical point of view, he hasn't been using it anyway, there has been a fence up thEtre for some number of years as all of those property owners have had and they have existed there for some previous time.since it was paved in the early 1950s and to my knowledge, these fences have been up there for some number of years, how long, I am not prepared to say but judging from the age and condition of the fences, it has been quite a number of years. Its about 65" to the center of the pole and approximately 61 to the edge of the pole. That is what this picture will demonstrate that you have approximately 5' there. After this meeting, when we attempted to work out this question with the property owners, the adjacent neighbor to Mr. Williams asked "what would happen if I removed my fence?" and I said, I suspect that would be merely symbolic at this point because of the fact that it hasn't been utilized heretofore. The wall was in fact removed when these trees were taken down just a couple weeks ago. We are seeking to effectively screen the back of these buildings with our development and if in fact we can move the cul-de-sac up, we intend to plant that very densely so again we can screen the rear of these buildings. Mr. Plummer: The area where you move the cul-de-sac up to the present fence. That would not become your property, correct? Mr. Gould: Yes, we are asking the City to vacate that property. We are asking to vacate that westerly portion on Micanopy and add that to the smaller lot on the northerly corner. We are seeking to increase the size of that smaller lot by adding approximately 30 odd feet by 50' of frontage. There was a variance requested here which is also - Mr. Plummer: The point that I am making is that you are acquiring more property at no cost. Now are you going to compensate the City for the acquisition of the property? Mr. Gould: The street theoretically now does belong to the property owners on either side. Mr. Plummer: Not a platted street. Rev. Gibson: That is the street. It was put there because somebody thought it was necessary. Mr. Gould: This was felt necessary by the City, in fact, I understand the city paved that some years ago. Rev. Gibson: You mean to tell me we paved it and now you want us to give it up without you giving - Mr. Plummer: Father, we do that quite often. I mean when I sat on the plat committee, we did that at advantage to the City. I don't agree that Lucius should have the right to park cars on your street. I don't have a back access to my property but what the devil, that's what the front of my property is for. If I want to park my car on the street, I park it in front of my own house and I think likewise, that's the way this should be. If George is saying that he feels the 2 of you can get together by moving up the cul-de-sac, it doesn't accomplish what Lucius is trying to accomplish, even though there has been a fence there for many years. It obviously gives me the impression that it hasn't been used anyhow. 4 Nov 719974 110 the only qualm that I have is the fact that you will be acquiring app ostiMateiy 30' of City propertywithout compensation. Mt. Gould: Mr. Plummer let me add this that the only reason that was put in accordingly, and I think if you check the City details, you will find this not done anymore. Originally, Micanopy was scheduled to be projected through to Crystal Court, the street on the West and when Crystal Court was planted, apparently they opted not to provide the extension. That is the only reason that road abuts the common boundary now. Normally, if one had gone into to plant that property now, one would have been prohibited from bringing the street up to an adjacent property owner. In fact a number of the people on Crystal Court - some of then went through the objections, stated they would prefer it because that would keep the noise of the garbage trucks and everything else, back further --- Mr. Plummer: I can understand that. The telephone pole can be roved. Rev. Gibson: You are damsel - is that right? Mr. Plummer: He is the owner. Rev. Gibson: Let me ask you this. The man whose objections in my book, has an equity because he bought knowing that road was there. It seems to me that if you want him to give up his equity, the best way to do it is you t n agree. We must protect his equity, as well as give you a privilege which is nut a right of yours now. You gave up that right. Now, if you want us take a posItion - that is one thing, that is why I want to know if you want to go out and talk. Men of good will, can always talk it out. Mr. Gould: Yes sir. We have spoken with the property owners. We did not give that up. That was done prior to our being involved in time purchase of the property. Rev. Gibson: Ah, but you bought it with that. That is the point I am meld ng. Mr. Gould: Yes sir. Again, that was originally with the planning that the street was going to be extended. I doubt that that would have been put on record in that placement, if in fact, the road had not been intended to go through. Mr. Plummer: I'll tell you what bothers me Father - it bothers me that, and I wish personalities were not involved here. Why should Lucius have the right to park in front of this man's house? And that is really what you are saying isn't it? Lucius Williams: Mr. Mayor and Ccrmission - there is something over seven feet of my property which faces into the public right-of-way. I can get any nurber of cars through a 7' driveway, plus the fact with the pedestrian access, the bicycle access, and the fact that most of you gentlemen as you may not know, I ride a motor- cycle, and that kind of access would make it possible as well, so that the physical access can be there. I have been in this house less than two years - have been in the renovation process throughout the entire two years, and simply have not gotten to this point. Nov the adjacent neighbor has removed that fence and does today have actual physical access to that right-of-way, and indeed he has same something like 40 or 50 feet - 30 feet access as a matter of fact. So I am concerned about an actual access, plus the fact, why should you, the City, give this public right-of-way to this man to sell to a new owner, and that is exactly what he is up to. Rev. Gibson: Let me ask you another thing - let me make sure I understand. Sir, how long do you own that property? Lucius Williams: We have recently purchased the property. Rev. Gibson: Oh, so then you bought it -- when I was in school, the fParher used to say something like this: "Beware of the Indians barren reef." You know what I mean? Now look - it world appear to me that if you bought that property knowing -- why -aren't you willing to give this man same sort of an agreement of an access of some kind? Lucius Williams: If I may, the only reason I am speaking now is that it appears that an impression that we are trying to take something away and make a significant change. First of all, the Law is, I believe, when the street is vacated the property 3 NOV • 719/4 toes one half inch to the adjacent property owners. However, when we purchased this property, it was subject to a new plat now called Mister's Subdivision. In that plat, the Planning Department in its file and it indicates so now, had directed the owners to remove part of the pavement which backs up to the property, which is now objecting to a change to landscape it - to put shrubs and trees so there would be no access to the property. This was done by the Department of the City of Miami before we purchased the property. Now our request is merely to move the cul-de-sac further. There was no access according to the plan which was approved by the Commission and by the Departments here, so that the access was actually taken away before we came into the picture of the property. Rev. Gibson: O.K. - let me raise a question. Mr. Gould, I know you. You may not know me, but I know you. Here is an interesting thing. If you had that right that you are trying to enunciate here - not you, the owner, I would respectfully suggest that you exercise it. Now, what I am informed is the fact that you can't do what you really want to do, you came to us to ask us. Now, I think we have a corresponding responsibility to protect that man, as well as the new investor. I think we have that right, and all we are saying to you: "Men of good will who want a reason to gather and we will go along." Mr. Grimm: I think there is some misunderstanding Father Gibson. What I said.was: "Now this shows the pavement that the City directed the owner to remove. This is the property line which is in question here. Mr. Williams' property is here `- the other objective is adjacent to this. This hatch line, if you see it, remove pavement, grade and shape. 'his pavement was supposed to be disconnected from the end of the property and tlis is the land- scaped area, and this was going to be developed to eliminate access and visual sight. So this was done by the City before we acquired it. This was done by the prior owners and the City in processing a new plat, because this new plat was actually recorded after we entered into a contract for the property. It has been processed by the City, approved by the carnission, and set by the Planning Department. Mrs. Gordon: May I ask Mr. Grime a question: He is our Public Works Director. I want to ask him a question. Will you clarify the City's position on this plat situation? Mr. Grimm: This was the City's -- Mr. Mayor, Members of the Commission. That sketch that you see in front of you is not a plat - that's the original plat that Mr. Gould refers to. The other sketch is the improvements the City would require him to make within the confines of that right-of-way. Now the confusion comes about by this. The original plat carries this cul-de-sac to the westerly end of the existing public right-of-way. Mr. Gould wants to hove that roughly 50 feet to the East. The same basic improvement you see on that blue line print would exist if it were moved to the East. Now the question comes up as to who has the prior right. Now you have objectors here saying "we don't want you to do that because you would then deny me access to that public right-of-way." The City then finds itself in this kind of dilemma - they don't really say that Mr. Gould's rights are wrong or that the property owner's rights are wrong. Could the two of them get together and work out something else? As an example - an easement could be provided from the cul-de-sac, if it were roved to the East, which would still guarantee Mr. Williams' rights. Mrs. Gordon Are'you willing to do that? Mr. Gould: I think this ought to be clear for the records. There's no attempt to get another lot. The same number of louses will be built after as before; there is no change in the numbers. There is no difference in the number of sites. Lucius Williams: I have no objection to this proposal here and to this plat because the Public Works Department tells me and the Planning Department tells me that even though this is'a landscaped trail, I still have access across 6 ptntr - n 1974 there, so I am with this. I would also be with moving it forward if I retained of east for access. My concern is that with legal access that I have, because I tad like to use it. Mr. Grimm: If you move it, you don't have that access sir, unless another easement is provided. Lucius ;illian : If you now it or sell it. Mr. Gould: You heard my objection as far as vehicular is concerned. Would there be any objection alloying this 50 feet forward and providing a sidewalk in there? Unidentified: No sidewalk. That would destroy the (inaudible) . What I would like to find out fruit Mr. Williams - was he talking about vehicular access or pedestrian access? Unidentified: let me add Mr. Williams that we have a note from Biscayne Engineering. They straw that you have approximately 6.8 feet abounding here, and by the time you take out the pole and the slight overlapping pavement, you may have appzoxinetely one foot of pavement as your rear fence there. Rev. Gibecn: Mr. Mayor, I will tell you what - I would like — I understand this kind of thing. The City has to grow, and we have to develop. I would like to defer hopefully that in the deferment as a former monk lectured to us over the week -end who said that maybe sometimes in the do-nothing stage, you really do something. I'd like to defer it if you don't object. Hopefully, that sombre you all are going to talk. Now let me say, my brother, I want to make sure you u isrstand Theoxdore. Nag if you don't want me to defer it, I'm going to vote right now. Mayor Ferre: There is a motion to defer. Who is second? With a stipulation. Mr. Plummer: With a stipulation that they will have no less than one meeting with George Acton. Mayor Ferre: A11 right - there is a motion and a second and Mr. Williams we understand what the motion means. Further discussion - call the roll. Mr. Plummer: Rev. Gibson - yes; Mrs. Gordon - yes; Mr. Plummer - yes; Mr. Reboso - yes; Mt. Mayor - this is to clarify, this is for 4a and 4b - yes. Mr. Williams came up here to the microphone. Mr. Mayor, I want to give a short report of one City employee who was at the Florida League convention in Tampa. one of the main seminars that took place was conducted by Mr. Lucius Williams; that was the area of the Downtown Redevelopment, which he spoke extensively on. He brought some ideas to me that I have never heard before, and for the record Mr. Mayor and fella; Camcissioners, I want you ail to know that I was very proud of Mr. Williams - the presentations he made - the seminars he con- ducted, and the speech that he gave at the main general session of the con- vention, and I want you to know that this is one City Fhployee who represented this City very fine. Thank you. NOV - 71974 ` C:U wi.X.:rint. b REli,. - REQUEST TO REDUCE ONEIS PREP WIDTH ip; 1 i Mr. Gould: Mr,; Ccr nissioner - before you go on to an item, we have some- . thing else I would like to present if I may that is not on the agenda. There seems to be sift confusion Mayor Ferre: What is it in reference to? Mr. Gould: TO save some time on reduction zone on Colacootchee Street. Mayor Terre: that? Mr. Gould: Proposed reduction zone on dolacootchee Street..- Atteipting to save same time. Mayor Ferre: Can we do that Mr. Acton? Mr. Gould: The question that we are raising is intact that it was included as recommendations, specifically for reduction in one of the enumerated streets within the Coconut Grove Master Plan, and as such, went to public hearing. All of the abutting property owners - all with one exception, have signed in favor of it. Mayor Ferry: Have tie a •right .to take this up?• Unidentified: I don't think so. There ih a way of doing this. It goes before the Zoning Hoard first. They'll make the recommendations to the Commission. Mr. Plummer: Wait. I think I see the'point he is trying to make is that this was done in the overall Master Plan for Coconut Grove, but the point being is that we can't do it individually. We have to do the entire area, then you automatically fall under it. Mr. Gould: Apparently there is some confusion because one has not been requested yet, but was enumerated under the Plan. Mr. Plummer: Let's ask George Acton. George, how long before the entire area relating to this easement will, be brought before us? Mr. Acton: This does not relate to the last matter. Mr. Unknown: I understand. We are talking about the reduction of the width and the right -of -may and we would expect to have that back before the Commission in approximately two and a half months. Mr. Gould: There are a number of streets throughout Cboonut Grove that have been recommended as you know for reduction in zoning right away. Mr. Unknown: The point of it is that if he goes to a Zoning application, it will take him just as long. Unknown: He has already applied? When will he be heard? Mr. Gould: The 18th or the 20th, whichever the date is. We did both things. 'afown: We would recommend that individually: but legally we can't do it. Not before the hearing of the Zoning Hoard. It is unfortunate you filed because you could have gotten "it for nothing. NOV -71974 4. REZONING — LOZTS 77 & 78e MARDEN HEIGHTS filiD SECTION — FIRST READING Lir. Harris turner: Mr. Mayor, Commissioners, my name is Harris Turner. I am the attorney for the applicant. My address is 25 West Flagler Street. Basing what we are speaking here Mr. Mayor and Commissioners, there is a change of zoning on this property from R2 to C4. It is a very small 48' parcel behind Harley Davison of Miami, Inc. The reason we seek this change is so we can use this property for necessary:off-street parking for Harley Davison of Miami. There is an extremely bad problem in the area - there is not sufficient parking and we have had several complaints from all the neighbors of our people parking in the street of'their property. • I have a picture of just exactly what we are talking about.' Somebody pulled up and double parked here, and this is what we are trying to alleviate. This picture shads just exactly the problem we are faced with here. The reason we are asking for a change of zoning is because in addition to parking, Mr. Peterson also has trucks which cane in at various times and load and unload motorcycles as they are shipped in, and it would be a violation of the zoning if we did not have the co mercial zoning on there to allow the trucks to cane in. We have a side plan prepared wherein we propose to surround the area by a 5' high concrete block wall with a 5' setback from the adjacent property owners. Mr. Peterson has been in this area for over 10 years and'the only alternative he would have would be to move out of the area, which he doesn't want to do. Mr. Peterson has worked in the area for a Wong time. He has worked with the Model City's people and has been on several of the oatmittees•of the Model City's Board. • Now pursuant to the suggestion of your Zoning Board, we met with the Model City's Board and we received unanimous approval from the Model City's EXecutive Board. We received unanimous approval for this change from the Zoning Committee of the Model City Housing & Physical Environment and Transportation Task force, and unanimous approval of the Model City's Administration Board itself. We had a meeting out on the site with the task force with Dr. Ward and all members of the Zoning Task Force and had extensive discussions with the problem, and they approved it. As I stated, this strip is only 48' wide and because of the zoning and the new parking requirements, it would be impossible to build anything on this strip because there won't be sufficient roan for parking, so all we want to do is park on it and not build on the property. Basically Mr. Mayor that's all I have. Do you have any questions? Mr. Loren John Trowbridge: 'I own the property adjacent to this lot and the lots are actually subdivided, not 77 and 78 - they are divided like north and south, so I own part of 77 and 78. I am well satisfied with the setbacks on the wall and everything, and I would like there to be a reasonable time for the wall to be erected, because until this wall and these improvements the way they are represented on this paper, people will continually use this lot. 1 haven't got a definite date when this will be accomplished. I think it is not unreasonable to ask six months to have this done, or revert back to the R2 zoning. I am only asking to be protected. 1 Mr. Plummer: 'four request is reasonable, but I am telling you that legally we can't do it. We can conditional variances and conditional uses, but we can't zoning. Now I think the man has a reasonable request. Haw long before you can do it? 1 1 Mr. Harris Turner: Mr. Conmissioner, it will be done as soon as possible. We have the financing and are ready to goon this property, but due to the delay we experienced, which is the normal:legal delay, we will have to restructure it and'come to final plans. I estimate'it will be no longer than six months before we do this. It is a problem pant n, to everyone in the area, and we want to alleviate it as soon as possible, so as to benefit us and our customers. Mr. Plummer: The man is trying to help you. Mr. Harris Turner: Yes, I understand that. 4 NOV 71974 Ydllt/v1iWllllml! Mr. Plummer: O.K. I think it behooves you to get back with a contract and get the thing started. Mt. Harris Turner: Let me ask my client. Mr. Peterson how long do you estimate it will be before we start? Within six months. Mr. Plummer: That's reasonable. This is started - I want it completed. If it takes seven or eight, take what it is, but I would like a completion date. Mr. Harris Turner: Mr. Commissioner, I may be able to help you in one way. I can guarantee you there will to no more parking on the lot until it is complete as done by the site plan. We had qualms in the past. .What brought all this about is that Mr. Trowbridge's tenant has complained several times about people parking in front of her house. Now we have this vacant lot sitting there and we try to help her out by allowing people to park on the vacant lot, and when we do that, we also get complaints, so we are caught right in the middle. Mr. Plummer: Well, can you say to the man that within one year it will be completed? Mr. Turner: Definitely. Mr. Plummer: What we are looking for is -just an answer. Right? Mr. Mayor, based on the reasonableeess pf even the objector. I will move to uphold the recommendation of the Planning Board. Mayor Ferre: There is a motion - is there a second? There is a motion to uphold the Board. There is a second on, the motion. Is there further discussion? Call the roll please. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANG- ING THE ZONING CLASSIFICATION OF W G8.5' OF LOTS 77 AND 78, HARDEN HEIGHTS 2ND SECTION (9-37), LOCATED AT 671 N.W. 77TH STREET, FROM R-2 (TWO FAMILY) TO C-4 (GENERAL COMMERCIAL). was introduced by Mr. Plummer, seconded by Rev. Gibson and passed on its first reading by title by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: None. 5. MODIFICATION OF CONDITIONAL USE - LOTS 9, 10, 11 & 12, ORCHID DELL GARDENS - DEFERRED 'Mayor Ferre: Is the applicant here pn Item #6? Will you come forward plcaae? Are there any objectors present? Your all objectors on Item Proceed with your -- what are you holding that up for? It is just a blank. I see - your just holding it. for everybody. ---.well, why don't you show it to the objectors right here. Just put•it'up against this -- can you see that? Who cannot see it? Why don't you sit here in the front row and then you can see it. All right now proceed, would you please. Mr. Green: Mr. Mayor, membersof the Commission: Thank you very much for the opportunity to appear. ;This is a matter with regard to the modification Of an existing conditional use on this property which was granted by the City Commission under ResolutionNo. 72-415, July of 1972. What it basically is to make it very simple - we'have a 10' opening in the rear of the parking area which the Commission approved two years ago. This is in conjunction with the Shopping Center which exists on the property. We have found and that has been locked with a gate, and it was used for employee parking. We have found that it le alcu:st impossible to control the use of that particular area to employees only, and it is impossible to control the gate operation because people have broken down through the gate - they have driven through it, and it causes far more difficulty than if there were no gate at all. They have destroyed the parking arm, etc. We had parking permits which were issued to the people there for the employee's, such as this and they use the automatic gate control, and despite that, not the tenants of the area, not the employees of the parking lot of the area, but the e4►oppers of the shopping center have 1O NOV -71974 continually broken down the gate that has been there, and the fence that was up there to prevent them from driving in and out. What we are asking for here at this time is that the requirement for the gate be eliminated basically and that the restriction at that area be used for employee parking only be eliminated, so that it would be open to the general public. Now the objectors of course are concerned with the possible increase of traffic on 26th Avenue, and this is what we will address ourselves to if we can. Mayor Ferre: The Shopping Center goes back into 26th Avenue. Unidentified voice: Back here is where the gate is now. This is 27th Avenue. I think the Commission is well aware -- (inaudible - too far away from the mike) Mrs. Gordon: I am afraid they can't get this on the record. Unidentified voice: The location is just South of the Miami River. There is a bridge on 27th Avenue to the North, and all of this causes a problem with regard to the traffic flow. It is a problem for people using the Shopping Center, as well as for the Shopping Center itself. As a matter of fact it is a problem for all of the people in the area, regardless of whether they are in the Shopping Center or in their private homes. What we are talking about is opening this entrance so that it can be used for egress and ingress, basically for egress, which is the main reason we would need it, and people don't have to try to buck going across 27th Avenue to get in and out of the Center. They can come through at the next corner at 16th Street at the light and come around the back and come in through the back entrance, or if they want to go South on 27th Avenue, they can go out the back and come around to 16th Street, then turn left at the light to go South, and that is the main problem. if there were a traffic light out in the front of the Center, perhaps it won't be that difficult, but that is a State Highway and only the State controls the locations of the traffic lights on the highways of State jurisdiction. Unidentified voice: They would never give you a light in a major arterial like that for a small Shopping Center. I would doubt it. At the time this came up before the Zoning Board, Mr. Silverman made the statement: "Well I cannot make any change - and I am reading from the minutes - in what the City Commission has done." He was referring to the Resolution of July of 1972. "I am opposed to any further change in the Resolution permitted by the City." So whatever the City Commission approved back in 1972, would still stand -- I can't change that. What he was referring to the fact that he felt that his Board should not have the power to modify or change a Resolution which was passed by the City Commission itself some two years earlier, and he suggested that the City Commission having made the original Resolution, they should be the ones to make the change in it, if any change was forthcoming, and that is the statement that he made on the record. Now we have with us various residents of the area who will testify to their feelings about this application. We also have people who are in the Shopping Center - tenants, members of the Shopping Center Group and other parties. I just want to point out that the subject property which is the one in Orange, consists of sixteen lots. The owners in favor, which are the ones marked in Green on that, 71 lots; that 68% of the owners of property in the area. The tenants in favor live on 16 lots - they are represented in the purple, and that is 15%. The owners against - they only filed objection - 1.5 lots - that is 1.41 percent of the people in the area, so that when you break it all down, out of the 104.5 lots that are involved, 1.5 lots have filed an objection. I have with me Mr. Sabinas, the President of the Latin American Chamber of Commerce, who would like to address the Commission very briefly about this feeling for this need. Mayor Ferre: Mr. President, we are always happy to have you in our Chambers. Translated into Spanish, that means "bien benito." NOV » 71974 iw>r�wuouwi�r�� Mr. Sabinas: Spoke in Spanish. Translated into English. Honorable Mayor, Members of the Commission: Every time that I have been in front of this Commission I have always been for a just cause, otherwise 1 would have not come. In the Shopping Center there is about 22 businesses in which about 120 persons work - they have jobs in there, and I don't think it is just for these people to be without a job. Since we are having a very big problem in the economic situation in the country, I think that you should take this also in consideration and try to help these people in the Shopping Center. Thank you. Mr. Green: 'We are representing the tenants in the Shopping Center itself; Mr. Mario Rodriguez who is Chairman of the Board of Popular Federal Savings & Loan Association, which is a tenant in the Center. Mr. Rodriguez: Honorable Mayor, City Commissioners: We have a Savings & Loan Association in the Shopping Center and we have been getting problems with our customers getting in and out of the Shopping Center, the same way as the other people who own businesses in that area. I was (inaudible) this situation - on 26th Avenue at this very moment, there are all kinds of vehicles that can go in,and out - I mean the whole block. With the opening of the parking on the'back at 26th Avenue, we will really be using half of the block because of trucks, or the cars will be going North on 26th Avenue and getting in the Shopping Center half a block. The same way they are coming on 26th Avenue on the way South. Now the way it is, they can go through the whole 26th Avenue, so we don't see any reason (inaudible) shopping center for not being granted by this Commission. Thank you very much. Mayor Ferre: Now we will listen to the objectors. Is your spokesman .-- you start. Mr. Wood: Maybe not a spokesman, but at least a property owner. The name is William 0. Wood, and I own the property directly across the street, seven and eight. In that area that I am actually speaking for is my mother-in-law, my brother-in-law - I think we have 5, 6, 7, and 8, and also across the street -- these are the people that I am speaking for directly, possibly for some of the other neighbors that are here now. I am trying to collect my thoughts now, possibly in rebuttal to maybe the statement he read about what Mr. Silverman who said it is true as read, but I think he left the intent out. Mr. Silverman said if he could, he would deny any opening in this Area. It wasn't in fact his reasoning would not deny, because he could not deny because it had been done by City Commission action. The problem that exists with the Shopping Center was pointed out to the applicants at the time they first requested the use of this property, which was zoned R-2, I believe for duplexes back there, and that time they said they really didn't need the property for any reason except possibly employee parking. That they had to have this property with an access to 26th Avenue to ensure a mortgage commitment. They had to tie this piece of property together, and some of you who were on the Commission when we were down here before, and the compromises worked out that since they really didn't need the property, except to satisfy possibly employee parking and to ensure their commitment for this piece of property, that they would allow only ingress to the property to a controlled 10' opening, and the traffic conditions that they knew about at the time they applied to build the Shopping Center, they said they could handle this, so in other words the problem is not a hardship that they did not know about when they came for the first variance to build a Shopping Center, and it seems not so much customers knocking down this, because living across from this opening I was able to understand what was happening. Primarily, I believe, it was the delivery trucks that were supplying the stores in the Shopping Center. They have a very difficult time coming around the back of the building, but this is their fault in laying it out, not the fact that they knew when they built it that they were going to have this sort of a problem; but they went and did it anyway. There is increased traffic in this area. Naturally, if they open it up so you can go in and out, and we don't think that this is necessary on a residential street, and that's our main objection to it. 12 NOV -7 1974 Mayor Ferre: Thank you Mr. Wood: Do any of you ladies want to speak? Elizabeth Kincaid: My husband and I are owners of Lot 14 and 15. There has been some reference made to the first hearing before the Miami Planning Board and some of the remarks of Mr. Silverman. 'would just like to summarize very quickly, especially for Mayor Ferre and Commissioner Reboso who were not even on the Commission at that time, that at the time this came before the Planning Board, there were seventeen written objections that were sent in through the mail. Now we made no written objections this time because I did not see any kind of a form that even asked us —— Mayor Ferre: When did this first came up by the way? Elizabeth Kincaid: April 24, 1972. At that time the Planning Board turned down their request and told them to come back with a revised request that would eliminate the request or the 10' opening completely, and at that time, I may as well quote Mr. Silverman from the minutes. He said to them: "Forget about the 10' opening because your not going to get it." He was opposed to it and the whole Board went along with him; but then they came back May 22nd before the Planning Board and presented another picture, and at that time, one of the members of the Planning Board looked it over and said: "Well they done such a nice job - they are going to save the trees - they are going to landscape - I think they should have the opening." So the Board reversed itself, but Mr. Silverman was the only one who voted "no" and stuck with the original decision of the Board. So then it came before the Miami Commission in July of 1972, and at that time there were only three Commissioners sitting - I believe Mr. Plummer was in the hospital at that time, and there was another vacancy, so it was decided to defer it until the next Commission meeting which was July 20th, 1972. At that time we reached a compromise. The neighbors did not want to know (inaudible). The Shopping Center did, so a compromise was suggested I believe by the Commission and we wanted to be reasonable, so we went along with it, and that was that they would use these four.lots:- employee parking - they would have a controlled mechanism gate that would permit the employees to come in only - nobody would go out. The employees would come in and the employees would use some kind of a slug or key to operate it. Well, I would like to tell you, as the Shopping Center progressed the construction, we watched it and finally the Shopping Center was almost 80% occupied I would say. In the meantime, a mechanism had been installed for this gate but it was not operating. Cars were going in and out - employees, customers, delivery trucks, huge delivery trucks, the size of a boxcar - I can think particularly of Hill Brothers, a huge, huge truck going in and out of there. Many times the garbage trucks coming in at 5 and 5:30 in the morning, rattling their containers and grinding up, going in and out of this driveway onto 26th Avenue. At the same time because it was open from 27th Avenue to 26th Avenue, many private cars for no reason at all, I mean who had no reason to be in the Shopping Center, were using it as a shortcut, I don't know why, but apparently they thought they could beat a light, or they could do something, and you won't believe how they would gun their cars through there. We could hear their tires just squealing. You'd run to the front of the house, thinking someone was going to be killed because they were tearing through the Shopping Center. Now I any saying all this to make the point that the Shopping Center has never complied with any of these conditions that were put on it at the time this decision was made in July. In the first place, whether they used the parking lot for employees or customers parking, we really don't care - it really doesn't matter who parks in there. We do care that there should be only be ingress to this parking lot, not egress, and we do care that they did not put a 10' opening there as your pictures will show. It is probably a 20' or 25' opening there. Now the question that raises in our mind is did they make a 20' opening because they really intended to come back and ask for another opening later on, or did they make a mistake? So these are the things they have not complied with what they were supposed to, and we think for this reason they should not only not be permitted to have another opening, but they should probably also be closed up unless they are willing to put in an ingress only control gate, or it won't work, and that's all we have to say. Thank you very much. Mayor Ferre: All right Mrs. Kincaid. Thank you. 13 NOV « 71974 Mayor Ferre: Are there any other opponents who want to speak? Joseph J. Kincaid: The only thing I want to say after what Mrs. Kincaid said, that at the time the fence was - I mean the wall that was built around the property, and around a 22' opening that was left on the back, a part of it was paved and a circular part was put in, but when this control device was put in to be used if at such time that the complex was completed, that at the time that she had mentioned, it was about 80 percent completed and they did activate the little machine in order to allow ingress - that so far as anybody knows or we know, and we are in a position where we can see from our upstairs windows everything that goes into the shopping center and through going in or coming out, and we have yet to see somebody, I mean as long as that was operating, anybody go in, because the first time it was opened it didn't last more than an hour, and not a single car came in from the outside; but the machine was broken and broken from the echo going out from the inside - that could be determined because of the bruise marks as were noted on the arm that was controlling it; but at the same time there was about 10' or 12' more on the outside of that and most of the trucks had by-passed most of that, and the only thing they had in order to keep somebody from going across, was the little stops that they usually put in parking lots to straighten out parking on a parking lot which is more than six inches high - they just run over them, and so they by- passed it; but watching the first day, I never saw a person come in that it was open, but after an hour or so, they were going in and out because they were running right over the little barricades that was stopping -- because the rest of the 22' wide, or whatever it is, was open, and so that went on for just about a month. In other words I think it was -- the dates just slipped my mind, but anyway it was somewhere along June, I think, that somebody came out and closed it up, and they put in -- and that is June of this year - put up a gate that consists of pips, and screen wire, I mean large link wire, and then one solid piece of that is about 10 feet long, and one looks about 12 feet long, and put that one section in stationary, and then the machine I mentioned that was broken the arm was broken before anybody had used it from coming into the back. Then when they put the wire fence up and had half of it that you could open it like a gate swinging out, but they then reactivated that machine -- I think zoning required that because we were in communication with one of the gentlemen - Mrs. Kincaid has the name, but I don't know; but anyway -- Mayor Ferre: Mr. Kincaid - we are about 45 minutes behind schedule now. I would be most grateful to you if we can come right to the point and don't repeat whatever Mrs. Kincaid and Mr. Brown said. Let that stand on the record. Mr. Kincaid: Thank you. I will try to comply. That after this gate was put in, that we went on a vacation -- no, I am confused on that - but anyway, there was a time set or something for it to be open. This gate and machine had been fixed -- open for the second time; and it was open -- the gate, nobody could by-pass it, as they did before - had been open and on this particular day, and I watched it closely and nobody came in; but after awhile I noticed some cars that were going out. I took a walk down the street and here the arm was broken again on that, and it was broken from something from force from the inside, going out and not the outside going in. There were no marks on it or bruise marks like the first one - like some object had struck it, like a truck or car, but this time there were no marks on it but the split marks on the brakes showed the force had come from the inside going out -- Mr. Plummer: Can we sum up by saying very simply that what you are trying to say is they are not living up to what they --- Mr. Kincaid: They have not for one day or one hour. Mayor Ferre: All right, you want to speak, do you? Marie Veskakie: I live on 26th Avenue and 16th Street road, right on the corner. One day I came back from work - I came from 14th Street, when it was still open. There came a car opposite of me and wanted to turn into the shopping center, so it was turning on the left side of the street because 26th Avenue is maybe 15' large, so I have to stop on the street to let the car on the left side that wants to go in the shopping center. I have to stop 14 NOV - 71974 • 1 on my right side to let a car come in because there is no room -- we have no sidewalks. Now they ere building on 16th Street road a project for elderly people. We have no sidewalks - now if we could see those trucks coming through get in that entrance - where do the old people have to walk? There is a 260 complex (inaudible) it will be open pretty soon - it is all old people. Where do those people have to walk? We have no sidewalks and 26th Avenue is just 15' large. Every time we walk in the street, we have to get out of the way,from a car that comes from some place, so there are many children, animals that will be killed because of those cars. Thank you very much. Mayor Ferre: Are there any other speakers? Mr. Kincaid: I made a four day survey on who is going in and who is coming out that back gate. Four days for a total of 32 hours I watched that gate very religiously and there was 114 people who went in and 113 people came out during that time, making a total of 227 people that use that back entrance, which is an average of 3-2/3 person per hour going in and out. May Ferre: Thank you very much. Mrs. Clark: Mayor Ferre. My name is Edith Clark and we own lot 73,74, and 75 on 15th Street that is on the West side of U.S. 27. We look forward to shoppers coming in. We are disappointed we did not get a chance to shop there for Christmas because it was not quite completed. We still think it is quite an asset to the area. We use it constantly for quick means of shopping, before that, we did not have this privilege or as a convenience. I find that it is an asset (inaudible). Without the shopping center, to me it would be a great loss. I would like to say a few words -- Mayor Ferre: The shopping center is not in question here. Mrs. Clark: Right. I do shop there constantly and I do feel that people who are in my neighborhood all trade there and I did want to speak for people who asked me to speak for them. I have observed very quietly since I was asked to speak, and I noticed that the gate is closed, and the people using the shopping center for the same reasons I do -- they are in and out to shop. they find it convenient and a very nice shopping center it is, and I would hate very much to see anything that would eliminate what service we do have there because it is very necessary to us who live in the area. Rev. Gibson: Let.me ask you a question. I have problems in that - I know these people live there, and that traffic backs right into their door literally - that's what they are telling us. You told me you live across 27th Avenue, so what you are telling me is that it really doesn't affect you the same way -- is that right? . Mrs. Clark: Well, Rev. Gibson, I hear garbage trucks on my property at 5 in the morning. There is a business on 27th Avenue that abuts to our property that we have the same knowledge, but in our day and time, I think we all have to contend with progress, and this is progress I feel. Rev. Gibson: I am not opposed to the Shopping Center. Iwant to get them soae relief. The only thing is I am wondering how do we equate what is going to happen to them and yet have the shopping center, and yet get relief. Do you have an answer or a solution to this? Do you realize we are in a dilemma? Mrs. Clark: Yes I do. I think the City has a problem - not just this little spot. I think we have this same problem in many other areas. Mayor Ferre: Mrs. Clark I don't mean to cut you off but we must move along now. Thank you very much for your statements and for being here. Mr. Green: Mr. Mayor we have here the signed petitions of approval from property owners immediately in the area, including those that live on the same block - lots 5 and 6 in Orchard Dell Gardens, which is just to the North of the opening, and other lots across the street, all in Orchard Dell Gardens. These are the petitions signed by the people who actually live and own property . NOV -71974 1 1 in the area, and they far outweigh the number of objectors. All in the same general area on the same side of the street. We would like to present them tO the Clerk at this time as part of the record. We also have signed favor- able petitions on the part of the tenants who live in different apartments or buildings in the area or houses; petitions in favor by tenants in the shopping center, and the total as I said is of all of the 104.5 lots designated here, 11 lots are in favor, that is 68 percent; 16 lots belong to the subject property - that is another 15 percent - that makes a total of 83 percent of the lot owners in the area in favor. In addition, 15 percent of the lots -- Mayor Ferre: Did you limit your count to the people within the circle? Mr. Green: Yes sir. In addition to that, there are 16 lots who are occupied by people who rent and they are in favor, and that is the total record of this. In addition to that, I would like to very briefly ask Mrs. Esther Cardella who is a resident tenant in the area, who would just briefly say a word. My name is Esther Cardella. I am a registered pharmacist and I own a pharmacy in the Shopping Center, and already I have besides my regular customers, about 160 public aasistancelati nfs 'tfiat can hardly walk to my drug store to buy their medicine. Besides, I think most of them have to be driven to the store; besides, there are 270 more units that are going to become a reality in December, so if they have to be driven to the pharmacy, they have to go around to 27th Avenue, which is very heavy traffic, and most of the people who drive the others are also public assistance patients, so please take this in consideration when you make the final decision. Thank you. Mr. Green: I very briefly would like to conclude this, if I may. I just wanted to point out that the street in question - 26th Avenue, has an 84 foot right-of-way. It is right on your map - it's on the chart on the bottom of the chart, if you want to see it. That right-of-way has never been utilized in full. I think the paved area is about 20 feet - the rest of it is being used by the property owners on each side, as if it were their own property, which is standard in almost any residential area. Mrs. Gordon: What are you referring to Mr. Green? Mr. Green: 26th Avenue has an 84 foot right-of-way - only about 20 feet of that right-of-way has been paved - the rest of that right-of-way, and this was done by this Commission, I think with the idea in mind that eventually it would have to be used as a regular wide street in the community, but the 84 feet would be required because it backed on a commercial street; but as is'usuaI it is only 24 foot paved - it has never been fully developed, and it is a residential street essentially. We are not trying to change the residential character of the street and we would submit that we would have no objection, in fact we would welcome the Commission requesting the County Traffic Dept. to put a "no trucks allowed" sign on that street, which is a standard kind of sign which prevents commercial vehicles. The problem is we can't control the commercial vehicles anymore than the people living there can, so this is one solution that we can suggest. We are not interested in having commercial vehicles on 26th Avenue, but the commercial vehicles will use it, whether we agree or don't agree because we can't control them. As far as the gate in the back is concerned that is a 20 foot opening, but there is a 10 foot pavement there and there is a fence that you can see in the picture down there, which is kept across that opening, so that only 10' is allowed for ingress and egress, and basically it is only for ingress and parking. The problem is - and I think one of the prior speakers made this very clear - we can't control the people coming out of that gate - they have broken down the fence a number of times. There is just no way that you can stop them from doing that, and what we are trying to do is work out a control of the area by allowing these people to have the full flow, so that they don't break down the gate and they don't cause this difficulty of rushing out of the shopping center through a location or area that they know they are not supposed to go through. Now we can't stop the traffic on 26th Avenue - it is going to be there anyway. We are trying to get it directed so 16 NOV 71974 it goes only North, array from the people that are objecting. I think the Kincaid who are objecting, are basically South to the opening. If we can get that direction, then some of the traffic in front of the house will dissipate. In addition to that, if this can be done, and if the Commission can in its wisdom, make a request that the County Traffic Department put signs up at both ends of 26th Avenue which say: "No Trucks Allowed and No Commercial Vehicles Allowed," then the people will be protected and the ingress and egress which would be strictly for the people using the Shopping Center, would then be limited, and that's what we think should be done. Rev. Gibson: Before they put that sign up, let me ask you. If they put that sign up, wouldn't that affect the people that you represent? Mr. Green: No sir, we would welcome the fact that these trucks do not come in that way. We can't prevent them any more than they can prevent them from using 26th Avenue. Rev. Gibson: If they go out that way. Isn't that what you are talking about? Mr. Green: No, if they go out that way and if there says "No Commercial Vehicles Allowed" they will have to go Mrs. Gordon: Would you be very specific and tell us request is as compared to what you already have. We want what more you are requesting to be done. Mr. Green: The opening is 20 feet it which permits 10 feet of ingress and wide. We don't want any change in that permitted to keep the gate open so that all we are really asking for. Mrs. Gordon: 0n 10 feet? Mr. Green: 0n 10 feet. is a sign there that out through the front. exactly what your to know exactly wide with a controlled access gate on egress. The roadway to it is 10 feet at all except that we want to be people can come in and out, and that's Mrs. Gordon: You are asking for ingress and egress which you say they are already doing, although they are doing it illegally. Is that correct? Mr. Green: That's correct and we can't control it, and here is the card that we used and I think that Mr. Kincaid as an objector, testified that these people were going out when they are not supposed to be going out; breaking down the gate, going out the other way, and there is just nothing we can do about it. We can't control them, and the big problem we have is simply that the require- ments of the County now is that we require to have one ten foot opening, which is controlled and we want to leave the same 10 foot opening and allow ingress and egress through the opening, and that's all we are asking for. We are not asking for any structural changes. Mrs. Gordon: Did you want to say something Mrs. Kincaid? Mrs. Kincaid: They just have never lived up to their conditions. They have not had this control of ingress at all because there certainly should be some way that they can control that ingress, or employees can only use it, and we come right back to the basic thing, which was our original basis for objecting to it - it's the quality of our neighborhood. We are a residential area and we like to keep it that way. I don't see why we should be penalized because the Shopping Center would like to have it. It doesn't make any difference - they have lots of entrance and exits on 27th Avenue. I have driven my car in there many times, in and out, and had no problem. I don't know why it is such a big deal for them and really making our neighborhood drop down, in spite of the fact that we get a tax assessment of 30 percent higher - you know of what basis, and if there is going to be a new street there - what happens? Are the property owners going to be assessed for this new street that's put in before 1 7 N o V 71974 the Shopping Center needs it, or is the Shopping Area going to pay for it? You know these are things that are unfair to people who live there. Mrs. Gordon: Mr. Kincaid, in your surveying of that area you came up with certain statistical information - can you tell us just in a quick answer, was half of that amount those persons coining out, or all those persons going in, and were they in vehicles or were they walking, or what? Mr. Kincaid: They were walking. I made no report on the cars going in or the cars coming out, but at the same time there was one difference in all of that four days, and over 200 people that were going in, but it was less an average of six people, maybe three in or three out an hour - all walking. Now at the same time, there is a bus stop on 27th Avenue going North - it comes from downtown. Now across the street on 27th Avenue, there is a bus going downtown. School kids use that center, because walking through the bus stop is directly through the Shopping Center, which is an opening that cars can go through, just like:a tunnel -. they go through - now some of those that I have been counting might have been school kids - no small kids of course, but at the same time you don't know a grown kid of 15 - 18, or something like that with their mother in the Shopping Center, or if they are going somewhere. Mrs. Gordon: I am just trying to determine just how many cars are coming in or going out - if you have that information. Mr. Kincaid: Practically, I wasn't too concerned with the cars - mainly it was the count. Mrs. Gordon: Actually, the opening was created for two purposes. Mr. Kincaid: At the time that was made though, the gate was locked - nobody was going in, but cars were going out. Mrs. Gordon: Only pedestrians are using that? Mr. Green: At the present time because they have the gate locked, but prior to that the gate was open and everybody was using it, but to comply with the original variance where they control it - the only way they could at that time, at least the way they took to get out of it, was to put up this chain and fence with a moveable gate, and since the last Zoning & Planning Board hearing, they have secured that, so you can only effect walk through it at the present time. Mrs. Gordon: Mr. Green, if it is a critical thing for your clients, how come they are not using it for what they were permitted to use it for, which was for ingress? Mr. Green: We closed it up because of the fact that these people were breaking down the gate all the time. Now they still go through that fence even though it is locked. These people walk through there now - they have tried to break the fence down from the inside. There actually have been trucks that have run into it. We are running into this kind of problem regularly and I would submit that the control problem is being bounced on us possibly, but the fact is that those trucks will come in through the back, and they use the back anyway. Mrs. Gordon: You mean there is an opening for the trucks to open the gate to get through? Mr. Green: The garbage trucks come in that way and things like that. We do not wish to allow the commercial traffic to utilize that opening. Mrs. Gordon: If it is wide open, how can you control it? Mr. Green: We want it strictly - well, if we put signs up on both ends at 26th Avenue which say no commercial traffic allowed, that would control it 18 NOV - 71974 then there would be a Police enforcement availability. If somebody violates it, they can write dowry the license number and report it to the Police. I don't know of any other way to control traffic on a public street, which is what they are complaining about - 26th Avenue, then to have the public ttontrol it. There is no private citizen that can - we are having the same kind of problem that they do. We don't want the traffic to come in that way, but the problem that we are having basically is that we can't get a flow of traffic around into the shopping center from across 27th Avenue. It is a terrible traffic hazard - people coming across 27th Avenue to get in and out of that Shopping Center - it is.much easier for them to go around the block and come in through the back, and that is what we would like to work out, and we are not asking for any special Mrs. Gordon: But they can't come in through the back. Mr. Green: Not at the present time. Mrs. Gordon: Well, you were granted that in 1972. Mr. Green: No, they cannot except for employees of the Shopping Center to park in that Section of the Shopping Center lot, which will be in the Employees' Parking lot. Mrs Gordon: May I ask you another question? On your map, you have a number of green spaces which back up to the orange, which according to your listing here say they are in favor. Are those persons who have contracted to sell to you, or are they interested in enlarging your parking space area - have you any indication that that is part of the proposal? Mr. Green: We have not made any attempt to buy any lots in the area. Mrs. Gordon: Are you short of parking in your Shopping Center? Mr. Green: No, we are not. We have sufficient parking spaces in the center. The problem basically is the egress and ingress situation - the danger that these people are having getting in and out of the center, and a lot of these people don't want to come around the front and turn left off of 27th Avenue across the median strip to get into the Center, nor do a lot of people want to drive out of the Shopping Center. Now there is more traffic on 26th Avenue actually right now because of the situation, then there would be on the whole block . Let me explain that very briefly: Right now people who want to go left on 27th Avenue, come out, turn right and go around the block. Right now they turn right here (inaudible) Mrs. Gordon: What you are saying argument of egress. Ingress, you have employees, but you still haven't shown which would save them from going up to what you are saying? doesn't show us any reason for your the right, but you had it limited to us the reason why you must have egress, the corner and coming down is that Rev. Gibson: Let me ask because I am trying to understand. If that were a one way street sending everybody this way - since the people in this direction do not object, would that solve your problem? Now just remember you can't eat your cake and have It too - you know. Remember, you got to give. These people have a right to live in relative safety and quietude, and you as a business man would want business to flourish, so somebody has got to give. Mr. Green: Mr. Gibson, we are perfectly willing to go along with the one way street. We can't put it there - it is up to the City. Our only concern basically is the fact that we cannot control the entry into that area. It is very difficult. We can't use what the Commission has granted us right now because they keep breaking down the gates. If we put up a permanent gate, then the use that we have approved is not usable, and that is the basic problem that we have, and we are asking for a solution. Mr. Wood: I have a solution for it possibly. (1) Is that the gate that is up there now can be maintained. Nobody has knocked this chainly fence 19 NOV -71974 down. What it was that he was complaining about being torn down was simply a little wooden arm like a railway crossing. Now this chain link fence can comply with the original variance granted by the Commission, simply by placing a guard there to control its entry in the morning, and as far as that goes, exit in the evening if they wish for the employees. They just put a guard there to open the gate - let the ones in during the morning and let them leave in the evening. Mr. Green: With all due respect -- Mr. Wood: I was in the middle of concluding this thing. Mr. Green: This is the main problem that we have which is the 27th Avenue traffic and the inability to get across 27th Avenue in any kind of reasonably safe manner, and the people coming in and out of that Shopping Center, and that is what we are trying to control really is the potential death hazard that occurs on this street. The people can egress as well as ingress from this area - they can get out on to 27th Avenue at a controlled intersection, in a much better manner than they can coming across it from here, either way. The elderly project was talked about.. These people will need a place close by to shop. It is far simpler for them to come down 26th Avenue - to come'in and out of there, then any other way. We have the right to use that rigt.t now for ingress. All we are asking is that we be allowed to use that for egress as well. That's all. That's really the whole thing. Mayor Ferre: Do you want to be recognized? Do you? All right, then you come up to the microphone and I'll recognize you and that will wind it up. My name is (inaudible) I am the owner of the Photo Shop. There is a fact that the construction of the complex and the construction of the Shopping Center changed with the topography of the area. Nothing will avoid with or without gain, the heavy traffic that they will have to pay on 26th Avenue. Already it changed the topography of the place. That is my point. Thank you. Mayor Ferre: All right - Mr. Wood. Mr. Wood: 26th Avenue I think very well shows is not a thoroughfare. It is actually one long block, deadends on both ends. It is not meant to be a thoroughfare - it is a residential street since the time it was platted and until the variance was granted approximately two years ago which has opened up limited amount of traffic - commercial traffic into the area. What we are trying to do is stop more of this same thing. He can control that gate as I said earlier, by simply posting a guard there during the morning hours when the employees are coming, and again in the evening hours when they are leaving. They will even allow them to leave at that time. If he did not wish to do this, there is another type of barricade that can be put up there and which is like -- a one-way - in other words you run across it. You drop it down - if you try to go out of it, there is metal prongs that will cut the tires, so this will -- with that type of gate, it will just allow entrance, although it would not meet the original requirement of allowing employees only. It will then be open to all traffic, but at least it will be one way. Unidentified person? Is th+tre any way that you can reach an agreement with the objectors? Mr. Green: I don't think so. We have tried over and over again, and Mr. Wood has been an objector since we first brought up the idea. Mayor Ferre: I disagree with that. I think that you can sit down and come up with an agreement where you will get the best of what you want and satisfy the neighborhood. You might have to make some improvements in that property. Mr. Green; Mr. Mayor, if the Commission wished to defer - to give us 30 days, we'll try again. 20 NOV '71974 Mayor Ferre: Let me tell you Mr. Green - here is the way I see it very simply. t think what you are asking for is reasonable. I think what they are asking for is right. Now the question is -- they've got a right in their neighborhood to have certain protection and certain things. This is a residential neighborhood, and to me, the right of people who live in an area always have to be protected by'Governmental body like this. Now the question is that conflicts with the people who are shopping in that area, and it is a question of who comes first. Now, wherever we can come to agreements by negotiation, something is going to happen here - you know it. It exists - you can't do anything about the Shopping Center. My advice to you is to try to be reasonable and to work something out that you can live with and also help them solve their problem. Maybe they can improve the area a little bit somehow. Mr. Green - what are some of the things for example that could be worked out? Is it "no trucks" --do you agree to that? Mr. Green: Absolutely. Mayor Ferre: A little give and a little take and you can come to an agreement, and you will be happy, and you will be happy. All right, we have a motion to defer. Rev. Gibson: Mr. Mayor, I would like (inaudible) You know we live in changes of society every day, and the way we used to live last year - we even don't live that way this year, and the way we lived in 1930 is certainly not the way we live in 1974. I have a great deal of understanding and love for what you advocate. I just went through it as late as Sunday, and yet I know that if we are going -- if this community is going to be violent, we have got to do business, and also I would hate to shut off the people - the elderly - the homes of the elderly because I am one of the "(inaudible)" boys. I helped to put the homes there. You know - O.K.? So I am in the middle, either way I go. I would like to suggest - you might not want to do it. At least you go back again and sit down, and Mr. Green, you know what really bother me - we have not learned that if we talk out some of these problems, something might come up reasonably that we could live with, and I would much rather have these people come in here and say: "Well, this is the best we could do and we will go for this," rather than us saying to you: (inaudible) I just can't let you have it. You know - and I think they are reasonable people. I believe they are and I would hope that you all would at least try (Inaudible). Mayor Ferre: O.K. We have a motion to defer. Is there a second to the motion? You get the handwriting on the wall. Call the roll. Mr. Plummer - yes; Mr. Reboso - yes; Rev. Gibson - yes; Mrs. Gordon - Yes; Mayor Ferre - I vote yes. Mayor Ferre: Ladies and gentlemen: Now what we have done here is that we have deferred this item in hopes that the owners of this Shopping Center will get together with you and discuss this, as to what your feelings are, and hopefully come back with a solution that everybody will agree to -- that may not be possible. You see, that's what I am talking about. They may come to an agreement the trucks will not go in there. Yes they can - if they make the opening so that a truck can't get in, then that stops them. That's what I am asking you to get together with them - you see in the interest of bringing harmony. Now that is the best way to do things. Thank you ladies and gentlemen. It is now 11 o'clock and we are now on the 7th item. 21 NOV - 71974 e 6. CONDITIONAL USE - MECHANICALLY OPERATED PARKING LOT AT NW CORNER! NE 3RD ST & BISCAYNE BLVD : Mayor Ferre: Take up Item #7 - N.E. 3rd Street & Biscayne Boulevard. Review of conditional use grant to permit a mechanically operated Parking Lot at the above. Mr. Plummer: Mr. (Inaudible), first of all, you are not a lawyer. You cannot represent the gentleman udder the new Statutes. You can be a witness, but you cant represent him. I am going to cut it real short. Mr. Ferencik, has he lived up to it, or hasn't he? Mr. Ferencik: We examined the site within the past three days. Found it to be acceptable and in keeping with the conditions ---- The following resolution was introduced by Commissioner Plummer who moved its adoption: RESnLITTIOm Mn. 74- )113 A RESOLUTION GRANTING A "CONDITIONAL USE" FOR AN ADDITIONAL YEAR COMMENCING NOVEMBER 7, 1974, AS PROVIDED IN RESOLUTION NO. 74-48 ADOPTED JANUARY 24, 1974;, TO PERMIT MECHANICALLY OPERATED PARKING STRUCTURE ON LOT 20, BLOCK 83N, MIAMI (B-41) LOCATED AT N. W. CORNER OF N. E. 3RD STREET AND BISCAYNE BOULEVARD (Here follows body of resolution, omitted here and on file ir. the Office of the City Clerk) Upon being seconded by Mr. Gibson , the resolution was passed and adopted by the following vote: AYES: Commissioner Plummer, Reboso, Gordon and Reverend Gibson NOES: ABSENT: ABSTAINED: Mayor Maurice A. Ferre 7. BLDG PERMIT - DEMOLITION OF BLDS FOR PARKING EXPANSION - COCONUT GROVE BANK: Mr. Plummer: Look whose on the next one - the old redhead! Mr. Reboso: Itert aa (Unidentified) John, I have Mr. Harrison here with one of the owners of the property and I am going to defer with him, and that I cannot represent these people, in that I do not practice law, and for the information of the Commission Mr. Vice Mayor,, Members of the Commission, we had an evaluation made and the Dade Harrison Trust, Miss Dolly Mac Intyre has informed us that there isn't sufficient historical value to the existing building. Mr. Plummer: Is not - then what other road blocks would there be from the Administration or the Departments to deny. Are there any objectors? Mr. Vice Mayor, I move the approval of Item #8. I'm sorry I asked for objectors. My name is Antoinette Scribner, and I formerly lived at 3310 Cornelia Drive and I realize Mrs. Maclntyre had done a great deal of research on this property 22 NOV -7 1974 and I still feel that this is an item which does have historical value. Some of the material she has been unable to find - such as the fact that this property was owned by a Colonel Sullivan. He lived in the house where Dr. MacLean now lives. This is the property immediately adjacent to the property which is going to be donated to Fairchild Gardens by Dr. McClellan I understand. Colonel Sullivan lived in the McClellan house - he liked a lot of company and he built what is now 3310 Cornelia Drive as a Guest House where he had guests stay because although he liked company, he did not like them at his own house, and I remember doing some reading about this almost 20 years ago in an old monograph. I have been unable to find this monograph - I thought it would be in the Coconut Grove library. So there is probably more historical value to this house than is now available. Also, it is a unique house in its construction; it is also unique in the setting that it is in. The whole area, that whole little street, is a reminder of what Coconut Grove was at one time. It is a memento of what Bayshore Drive here was like before they started to tear down the buildings and putting up high rises. Mr. Plummer: Do you understand our problem? I do not think you do. We have said to the Historical Association: "If you wish to purchase it and you have the money to purchase, we are willing to listen." Now the Historical Site Committee - Heritage Trust, says that they have no interest. Now that is all we can go on. We have no other alternative. Antoinette Scribner: However, in the Master Plan there were about 24 possible historical sites that should be preserved for Coconut Grove area. Now of those 24 historical sites, there are only three or four that perhaps are on the federal register or the State register. The others have to be considered as historical site of value toiCoconut Grove itself. Rev. Gibson: Let me ask E. question - number #1, I am concerned about how do you -- I don't mind keeping the building if somebody is going to buy it; but I saw that building and I am a little chagrined (inaudible) and affluent Coconut Grove - that building is so dilapidated, and I find it a little difficult to refrain from expressing my feelings. Either they ought to buy it, if they have the money, or if they don't buy it, God knows - "The building looks like death!" Mr. Plummer: Father, I was told, I think in the last meeting by Mr. Harrison, that they will give the building to anybody if they will pay just to move it. Mrs. Gordon: We inquired about moving it and we were informed that it could not be structurally moved. We would really like to save the building but how can we save the building unless somebody has the funds and can buy the land that goes under it, or if we can move the building. Now we have someone here - Mr". Acton can you speak for it for me please? Can that building be moved? Mrs. Scribner: Quite frankly, when I first heard talk about moving the building, I thought this was really quite a pipe dream because it is a massive building and moving it would be a tremendous job; however, if the building were to be preserved, I do know a man who has done restoration of homes in California, and he and his wife are willing to move into the house and completely restore it. Mrs. Gordon: And pay for the property? Will they buy the property? Mayor Ferre: That has nothing to do with it. You see, the problem in all of this is that we live in a country of laws, and the law says that you cannot take somebody's property away without compensating him for it. Now, they own a piece of property - it happens to have a historical house on it. We would like to preserve it. We do not have the money to do it - now the question is that unless someone pays for it, then it is illegal to tell a man that you can't use your property, and you can't do what you want with your property. Now we have an avenue of recourse which we followed - nobody has come forward. 23 NOV - 71974 Mrs. Scribner: Well, in that case, these houses that are listed in the Master Plan - the other houses, along with this, as long as they are not of sufficient historical interest to be on the Federal Register or the State Register, what was the intention of putting them - interrupted by (Unidentified) I would like to address you, because you and t have had mutual concern with the ideas of preservation and historical sites with the Historical Association. Under the new Community Development Act which was passed in 1974, but will be funded after January 1st - in the guidelines there will be money available for historical preservation. Now that is our avenue to turn to, but at this point in time our plan even for the application for these funds have not yet been cbmpleted, and we have as I believe, until the end of March to get our plan completed, so we can apply for these funds. This is the reason why it is very logical that we can have our own register - own meaning local register, and that perhaps with the determination of qualified people, as to which properties should fit that register, there is a possibility that we could purchase properties in the future under this funding system. Mrs. Scribner: Since we are so close to January and the possibility of doing this, why could not this action be delayed until then? Rev. Gibson: I remember last time the lady sitting over there -- she spoke - now I would like for you to come back there because I have to ask a question. I find it difficult to understand where we are now. (1) We don't owe the land and we don't have the money -- isn't that right? Plus, I am not a builder or an engineer. Now just for the heck of it - I don't travel up in that circle too often. I went up there and I was shocked. Now all I am saying is that you tell me how to get out of this dilemma. (Inaudible) - I don't have no money, and if I wanted to move it - Mr. Ferencik, I am not an engineer. I venture to say that the first time you jack up one end of that building, God help the others for (inaudible). Mayor Ferre: We've got to move along now. I think we have discussed this and everybody understands -- Mrs. Scribner: Well, the other thing about this particular property, as I said, there will be funds available, so why can't action be deferred until after January? The second thing is the parking space itself (inaudible). Mr. Dean said what is needed is 26 parking spaces. Now I ran into Mr. Dean in South Miami a few weeks ago and we talked and I told him there were certain trees that under the Environmental Preserve Section, are going to have to remain, and this is going to restrict the amount of parking spaces they have regardless. and Mr. Dean told me at the time that will still give them 20 parking spaces. This means that they will be short six parking spaces - this property which they need so badly because they need 26 parking spaces is not adequate for their needs, because of the requirement of the preservation of the trees that are on that property, and also possibly the canopy going across the front in order to protect the rest of the character of the street. Mayor Ferre: Excuse me mam - Would you like to make a statement? Unidentified: Can I speak for a moment? I am Frances McIntyre of Dade Trust. Mr. P1umv►eer's statement that we were interested is kind of awful cut and dried. I would just like to say - in our preliminary research, we don't find this building historically significant enough to pull up the stops to save it, and that means finding money. I sympathize with Mrs. Scribner's feelings for this house - she is very fond of it - it means a great deal to her. I think it means a lot to Coconut Grove - it is part of the scene, but from my research, I cannot state that it is a building of significant historical importance - to pull out the stops to save it, and that means getting public money, because it is privately owned. The private owners do not wish to preserve the building. I do find the environmental aspect of concern; I think this is being handled as best possible through the Planning Department. I would like to just suggest, perhaps as a cork in this property, to Mr. Dean. We understand that the foundations of an early house do still exist there under of the old houses. It might make a very interesting rock garden in your landscaping. • 24 NOV 7 ter' There is Mayor Ferre: AlI' right what is the will of th. Commission? ,a motion that it be issued; seconded by Fathei Gibson. Mrs. Cordon: Mr. Dean, how heavily -- I missed the portion of the conversation. How much landscaping and let's say, visual coverage would there be - you know to cover that area on that street, so that we won't be looking at the lot. Mr. Dean: This thing is one of the older houses as was identified. It contains along the public right-of-way, a considerable amount of vegetation, which we will retain - (inaudible) - within the public's right-of-way. Not only are we going to retain the --- hedge, but we are required by your Landscaping Ordinance to plant additional hedge on our own properties. Mrs. Gordon: Will the parking lot be visible from the street? I am hoping it won't be and that's why I am saying this. Mr. Dean: I don't believe the parking lot will be visible from the street, in that the existing hedge - if its maintenance is continued, and :he way it is right now, that it could not be visible. As to the existing trees on the property, we are taking - there is an old key lime tree on that property which I would like to have on my back yard. We are going to transfer that -- they are on the ground right now. If you walked in, you should have picked up some. They're on the ground right now - when you walked iny you should have picked up some. There is one avocado back in the back between the two houses. There are two houses on this property - the house on.,back is of earlier vintage, and near that there is an avocado tree which will have to be destroyed. Mrs. Gordon: Don't destroy it. We now have a place to save it. Mr. Andrews on the old port site, where you are going to need a lot of trees, will you get with Mr. Dean, so this tree is not destroyed. Save it and maybe move it to that old port site. O.K. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1214 A RESOLUTION AUTHORIZING THE BUILDING DIRECTOR TO ACCEPT AN APPLICATION FOR A BUILDING PERMIT FOR THE DEMOLITION OF THE GILFORD RESIDENCE AND AN APPLICATION FOR A BUILD- ING PERMIT' FOR THE DEVELOPMENT OF PARKING EXPANSION FOR THE RYDER COMPUTER SERVICE CENTER IN COCONUT GROVE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 25 NOV -71974 8. BL130 BE1tMIT - APT BLDG AT 2629 TXGRRTAIL BNUE t Mr. Plummer: Mayor Ferret Mr. Andrews: Grove Master Mt. Plummer: Mayor Ferret -Mr. Andrews: Is this ah extension, Mr. Manager? No, he's caking for permission. Pot permisgion to do it and this is in keeping with the Coconut Plan. This is a permit coming Alright. That is still in affect. Is this in keeping with the Master Plan? Yes. Mrs. Gordon: Move it. Mr. Plummer: Mr. Mayor, I don't know anything about it. __Mrs. Gordon: Yes, but it is within keeping with the Master Plan. Mr. Plummer: I don't care. I couldn't care less in keeping! I want to know what the story is. Mr. Acton: Mr. Mayor, members of the Commission, I can simply read the reco- nthtendation of the Planning Department made on this particular item. Mr. Plummer: That would be nice. I mean that's what we pay you for. Mr. Acton: We have reviewed the khans for the proposed condominium at 2678 Tigertail and have determined that they are in accord with the objectives of the Coconut Grove Master Plan with the following conditions: (a) That the notations added to the site development plan as approved by the Building Department depicting the type and location of landscape plans be considered a part of the approved plans. That is what we did, we took a look at the site plan that he has submitted and we made certain requests which the applicant liked . (b) That the two large oak trees along the rear property line on the southwest corner of the lot be retained in the development of the site. Mr. Plummer: Has he agreed to that? Mr. Acton: Yes. That's right. We worked with the applicant and he agreed with these conditions. Mr. Plummer: Ok. It sure doesn't say it here though, does it? You're damned right you ought to add them. Those conditions have got to be stipulated. Now what's of more concern to me at this particular intersection, Mr. Acton, and I want you on the record that you have agreed that this will not create a further traffic situation which is at almost the intersection of 27th and Tigertail. That is my concern. Mr. Acton: I understand. We've reviewed the Mr. Plummer: You've reviewed it and for the record you see no problems. Mr. Acton: No, sir. Mr. Plummer: Ok. That's what I want to know. Rev. Gibson: J.L., I want to concur with your feeling because I went out there and looked and I am. just a little worried but if that's what is in the plan and you gentlemen knowing., I'm going along. Mayor Ferret We have a motion that was made by Mrs. Gordon. Mr. Plummer: I'll second it subject to the conditions so stipulated. Mr. Lloyd: May we prepare, just put that in the resolution, we've written the resolution and we're going to add them to it. A motion instructing the City Attorney to prepare the appropriate resolut- ion was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed and adopted unanimously. • 26 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Comimissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 9. APPiOI HEFTS TO PLANNING AND ,ZONING BOARDS-N4" 4'ETf: Mr. Andrews: I can tell you very quickly that the nominations for the Plan- ning Advisory Board will close on November 13th and the list then will be- come available to the City Commission and then you will be ready to act on it shortly thereafter. Mayor Ferre: All right. Everybody has been warned now. Mr. Southern: I'll put a notice in the newspaper to that affect. Mayor Ferre: All right, sir. Thank you. And send each Commissioner a copy in writing so that they are so advised. Mr. Andrews: The appointments will then be made on the 21st, Mr. Mayor. 10. STREET LIGHTING MAINTENANCE - CITY MANAGER TO STitDY FEASIBILITY OP CONTRACTING FOR AND SOLICIT PROPOSALS: The Commission next took up for consideration a eebeiuled presentation by Mitchell Maintenance Systems on msethod&of con- tracting for street lighting maintenance in the City of Miami, and the following discussion occurred: P. 1I. Andrews, City Manager: 1 want to give the Commission a brief history of this matter. You will recall that Mr. LaBaw and at another time Mr. Jack Weiss appeared before the City Commis sion representing the Street Lighting Maintenance Company of America, Inc., with a proposal that would indicate that the City could put under contractual competitive bid basis the installation and maintenance of the street lighting. It is now provided by the Florida Power and Light Company for the City. At one of these meetings Mr. LaBaw indicated that there were eight cities in the United States that provided street lighting service under these arrangements. We communicated with all of those eight cities and found that seven of those did not have the arrangement that Mr. LaBaw had indicated, but that there was one city, Philadelphia, which did contract with Mitchell Maintenance Systems for the in- stallation and continued maintenance of lighting, and this was ac- complished under a bid basis in which they were the bidder --- Mr. Plummer: Wait a minute, Mr. Andrews. Are you recommending this company? Mr. Andrews: No; they did some work for the City at no cost or obligation to the City. Mr. Plummer: All right. Now, Mr. Andrews, I recall that you brought this matter up before the Commission, and you were instruct- ed to go back and work with all these people and come back before this Commission with a recommendation. Now, I am questioning why this appears on the agenda today. Why didn't these people go to you and work with you in this situation, and then if they have any objections after, or they don't agree, then let them come back up here: but why should they be on the agenda today? Mr. Andrews: Because there was a point at which this matter was scheduled to appear before the Commission to explain the kind of services they could offer to the City. Mr. Plummer: Mr. Andrews, the Commission instructed you, sir. We don't want to hear it. We don't know what kind of maintenance or operation. That is what your departments are for. and we► are looking to you for your recommendation. Mr. Andrews: I plan to give you one at the proper time, but I was planning to do that after their presentation. I can tell you what my recommendation will be --- Mr. Plummer: Their presentation was to be made to you, and all like companies. Mr. Andrews: There was a point at which you heard from Mr. LaBaw and his proposal. Now these people were also involved, and they have never had an opportunity to present their proposal to the City. I am in complete accord with the end result that you are trying to achieve. and I plan to do that. In fact, my recommendation, 28 11-7-74 after this presentation. is that the, that you authorize me now to go out and actually receive public proposals; have them evaluated and come back to the City Commission with a positive recommendation. You asked me first to find out if this was feasible. We think it is. Mr. Plummier: Legal; is it legal. If they use the existing Florida Power and Light poles. That was the first question you were to resolve. Nbw, if we are going to hear all of theee proposals from all of these people before you have even had the chance to give Oven the legality, well then we have wasted our time turning it over to you. Mr. Andrews: No you haven't, because we are coming to con- clusions: we are working with the Florida Power and Light Company. and we feel that between the City and the Florida Power and Light Company some arrangement is posnible. Mr. Plummer: The very reason we turned it over to you. Mr. Andrews: It's up to the Commission. Mr. Plummer: Mr. Mayor, I haven't changed my thinking. I think these proposals should be submitted to the Manager, as this Commission instructed him some months ago, and after he has come back to us and made his recommendation that; number one, it is legal; number two, it does offer the city a service, or a better service than what is being provided now, then this Commission can act; but the purpose of us taking this and turning it over to him was that he is an engineer; he has people on his staff. 1 move you, Mr. Mayor, that this presentation be made to the Manager first. Mr. Andrews: Mr. Mayor, and members of the Commission, that has already been accomplished; and then if you choose, I would sug- gest_that you,adopt a motion authorizing me to draft public proposals; to receive those proposals, evaluate them and supply you with a recom- mendation. Mr. Plummer: I so move. Mrs. Gordon: I understand your motion, J. L., you want him to review all the proposals and come back with a recommendation. Mr. Andrews: Receive public proposals. Mrs. Gordon: I so vividly remember other occasions when things of this nature have come up and we have set up committees to review proposals, and then when it got to this commission, well, let's hear them all again. Now if this is going to be what happens this time, then it is just an exercise in futility. Mr. Plulmmer: Rose, last time we turned this over to the Manager there was a serious legal question from the very beginning; could it be done? Now, I don't know if he has resolved that. May- be he has. It was the purpose of this, not for him to recommend a company, not at all, but to come back and say, yes, number one, it's legal. *umber two; yes, it offers a better service than what we hove today. Number three; if it can be done for a less amount of money. 11-7-74 29 n riIIarurrnirm Mayor Ferree You have said all this, now, a couple of times, so let's move on. Mr. Plummer: Because nobody was listening. Mayor Ferre: Well, 1 was listening. If you want to say something to this,.do it very briefly; and where's Mr. Weiss. Mr. Raymond M. Val: I reside at 420 NW 66th Street, and I am an engineer, home grown. I have come up the hard way. Let me say this about the lighting. Now, if they don't have a gener- ating plant --Do you have a generating plant of its own? Mayor Ferre: No, Mr. Val. Are you here on this specific item? Mr. Val: I am here as a citizen, a concerned citizen, pointing out that subcontracting the lighting without putting a definite cost pattern to it is like giving out a plum to someone. If our lighting now is costing one thousand dollars, and you want some maintenance firm to take over, then I want that maintenance concern to take over for nine hundred, and pay the difference in lighting costs if they allow the lights to be left on. f see these lights being left on, and I see a lot of things I don't like, transformers on poles, and I am an engineer; so that's my point. I just don't appreciate someone giving out a plum, unless I know the cost is lower. Mayor Ferre: It's not going to happen, but thank you for your concern. Would you (to the City Manager) get his name, and as a concerned citizen would you keep him informed so that if he wants to appear again he'll know, Mr. Andrews. Mr. Andrews: There is an implication here, because of his presentation, that there is some special arrangement, and there is certainly not. Mr. Val: There is no implication, other than strict business negotiations, on the basis of ratio and proportion. flog your honor's indulgence to clear it. Mr. Jack Weiss: I am Jack Weiss, on behalf of Street Lighting Maintenance. I was under the impression from Mr. Andrews' office that Mitchell Maintenance would make a presentation today, and his office called me and asked me to come by so that I would be able to hear that presentation. Evidently they are not making the presentation, or are they? Are you Mitchell Maintenance? Oh, well we will just sit down until they make it. they are on the agenda at this time. Mayor Ferre: At this point they are not going to make a pre- sentation, as I understand it. Mr. Andrews: Yes, the Commission feels that all of this in- formation should be collected by the City Manager; that we will get out a, public proposal based on this, and every one will have an opportunity to submit proposals. Mr. Weiss: All right. Let me just, if I may, make our posi- tion clear, on behalf of my clients. I advised them that Mr. 11-7-74 30 Andrews would have available to him, prior to today, all of these proposals for his study and recommendation, and that we would end up today with a motion on the floor that all street light mainten- ance would be given out for bidding, and such Motion would be a resolution today, and that thereafter today Mitchell, my company, and others, would make a bid. Mayor Ferre: We are not at that point. Mr. Weiss: Hut I was given that impression at that time. Mayor Ferre: Whoever gave you that impression gave you an er- roneous impression. Mr. Reiss: Actually, I thought the Commission gave me that impression at that time, Your Honor. Mr. Andrews: What he is referring to was --that's what I was trying to get across to the Commission --was thn t there would have been another presentation made by Mitchell like the presentation that they made, and then based on that it would have been turned over to the City Manager. This would have authenticated that this was a viable way of treating the lighting. We have overcome some of the legal problems as far as the lighting on the Florida Power and Light Company poles, and we would then receive public proposals. Mayor Ferre: Mr. Andrews and Mr. Weiss, as I understand it, you came up with something that seemed reasonable for us to look into. Now, if what you say is acceptable to the Commission --and we haven't voted on it as I understand it --and we go on that premise, then I think it would be up to the administration to study the alternates, and come to us and say, we think that the City can save money; we have proposed that we do it in this way, and we put it out to bid, and there are certain guarantees, so that it is not an open-end thing, and it is not a situation where there is any question as to exactly how much it is going to cost, and what we are going to save. Mr. Weiss: .There were two issues; whether it would cost less td the citizenry of the City of Miami, right? We gave five cities in which the street lighting maintenance is not handled by the power companies in those cities. I believe you particularly said, you mean that 2.4 million dollars was saved in New York? And I said, yes. And 1.1 million saved in Pittsburg? and I said yes. Mayor Ferre: Jack, I remember that, but you see we have to look to the Manager to do these investigations; not to Mitchell or to you. Once he comes back and says, yes, it's being done in Pittsburg and these figures that were submitted to us have been verified, and we do think it makes sense and we should proceed, and here's the type of bidding that we ought to have, and the specifications, then we can proceed. In the meantime it is in the Manager's hands. 11-7-74 31 a; Mr. Weiss: I understand that, but this matter has been in the Manager's hands for approximately ten, almost a year now. Mayor Ferre: Let's set a deadline, Mr. Andrews. Mr. Weiss: One other thing, and I direct it to Mr. Lloyd, in so far as the legality, that is a violation of the present ordinances wherein bidding is to be permitted in any matter that concerns the citizenry where the dollar value is in excess of a thousand dollars, and that's the situation we are confronted with here, and unfortunately I have been advised by my client that, based upon those ordinances, we should seek redress in the courts, and that's the present posture of it. Reverend Gibson: i didn't get that. I am always concerned when I hear a citizen say they are going to take us to court. What did I hear you say? Mr. Weiss: It is ay understanding that, in so far as the Mayor's comments in reference to Mr. Andrews, in this instance I would think that Mr. Lloyd would then have to give an opinion with reference to whether it is a violation of presently existing ordi- nances that matters involving the citizenry of Miami wherein a contract let out in excess of a thousand dollars must be let out to public bidding and not kept --- Reverend Gibson: Sir, we are are trying to --if we have been in be, and what we are saying to you we are running scared, to proceed ing to say is when we get all the make them available to everybody. trying to remedy it now. We violation, we are trying not to is we would be foolish, because at that point. What I am try - facts before us we are going to Mr. Weiss: Father Gibson, I only want to make the one point that for one year the City has been on notice in writing, both from my predecessor and myself, that the City has been in viola- tion of the existing ordinances, and that the City has not, despite such notices to the City Manager's office, and the third Commission meeting, the City has not taken any steps whatsoever to correct this violation. I am not asking for anything unreasonable, Father. Reverend Gibson: Well, if the Manager says he needs to re- search and get the material, --we will solve that. Mr. Manager, how much time do you need to get all this package together, so that the citizen doesn't come up here and challenge in this fashion? Mr. Andrews: Another sixty days. Mr. Weiss: That's what we were told last time. Reverend Gibson: All right; you don't have to worry. What is necessary to be done now? A motion? Mr. Plummer: Yes; make it part of the motion. Schedule this item for a date no later than the first meeting in January. 11-7-74 32 Thereupon the following motion was introduced by► Mr. Plunger. Nho coved its adoption: MOTION NO. 74-1215 A MOTION AUTHDRIZING AND DIRECTING THE CITY MANAGER 10 EVALUATE THE METHODS OF CONTRACTING FOR STREET LIGHTING MAINTEN- ANCE IN THE CITY OF MIAMI AND TO RECEIVE PUBLIC PROPOSALS FOR SUCH SERVICE IF HE FINDS SUCH A PROCEDURE LEGALLY AND FINAN- CIALLY FEASIBLE, AND TO REPORT BACK 10 THE COMMISSION AT ITS FIRST MEETING IN JANUARY OF 1975 Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. DUES: None. 11-7-74 33 g• 11. PititSitterATIONS & PROCIAMATIONS : a. Presentation to Mt. Sidney Levin, President, The Greater Miami Chamber of Commerce proclaiming Tu.asday, November 26th "CoMmunity Day of Prayer." b. Presentation of Proclamation to Doctora Maria A. Crespi proclaiming Sunday, November 24th "Dia de la Provincia de Camaguey en el Exilio". c. Certification of appreciation to Miguel and Osvaldo Cordero for their heroic act during the crash of an Air Force plane near the Homestead Air Force Base. d. Presentation of two proclamations to Robert W. Wagner, President and Moe Smiley, Vice President, Youth Appreciation Week Committee declaring the week of November loth to 16th as Optimist International Youth Appreciation Week. e. Presentation of plaque to officer Robert Reynolds, who displayed great courage and profound conce:-n for the welfare of his fellow citizen. f. Presentation of plaque to Ellie Esser of Eastern Steamship Lines, Inc. with our sincerest gratitude and appreciation for her dedication and tireless efforts in the promotion of Miami's Cruise Ship Industry. Presentation of proclamation to Mr. Julio Falcon Arocha, Chairman of Patriotic Activities and to Euripides Riera, Co-ordinator AMC and LAACC, proclaiming Friday, November 22, 1974 as Jose Cecilio del Valle Day. h. Extension of a vote of thanks and appreciation to Mikele Carter for her outstanding representation at the City Attorney's Convention. i. Certificate of appreciation to Doctora Maria Belen Ortiz Morales, President of the Boriquen Health Center. 12. JACK FALK — CONDOLENCES TO FAMILY: A motion extending deepest sympathy and condolences to the family of the late Jack Falk was introduced by Mr. Plummer, seconded by Reverend Gibson and passel an a'.opted unanimously. 34 13. AGM OMNI I 'i'ERNATIDNAL - ETREET IMPRo MENTS IN PLAZA VENETIA: Mr. Andrews: Mr. Mayor and members of the Commission. Omni International who is developing the project at 15 to 17 Streets in Biscayne Boulevard, have entered into agreement. with the City of Miami to provide all the required subdivision improvements. All of those matters are well in hand, two of those remaining are the storm sewers and the highways were to be accomplished. The storm sewer work, Omni International is going to go ahead with the storm sewer work, which amounts to about one million one hundred thousand dollars, and then they are entering into an agreement or stipulation in which the State Road Department, when it designates this as a Project - it had designated it some time ago and had to cancel it. They will reimburse the City who will in turn reimburse Omni for the work that they are going to perform because the basic work is Storm Sewer work which the State would have carried out. Now Highway work amounts to $500,000 to $600,000. They entered into agree- ment to accomplish this highway work as part of the subdivision improvement. Their project costs have increased from $56,000,000 to $72,000,000 and they are going to get under way with this work. They have asked the City for assistance, in that they wish to fulfill their obligation to provide the highway work in order to relieve them of this cost immediately. There is a way that the City can accomplish this and a way that I am recommending to the Commission that we achieve this, and that is that an agreement be entered into where a Highway District would'be created and through the Agreement process they would assume all the costs as a property owner in an assessable way, so they can spread this cost over a ten year period including the interest on those payments. I spoke to the City Attorney in reference to this. He said this is feasible providing that the Agreement is entered into prior to the City creating assessment districts so that the Commission can announce at the time the assessment district is created, that there will only be one property owner assessed, and that will be Omni for the work and they will pay all the costs. All of that will be provided through the assessment. When you are creating the Assessment District you are placing a lien against the property. We require that as part of the subdivision work anyway. I am saying that when you approve subdivision work, you require a bond certificate to do the work. Now that bond I am sure can be substituted in lieu of the ten year payments. In other words we would be giving them nothing less than what they are required to accomplish now. The object here is to have Omni through their indications already, and their agreements with the City, to become responsible for all of the costs, and I am sure that the City Attorney may protect the City in that area. Mayor Ferre: Let me explain this now so Rose I want you to listen for five minutes through this whole process. Mr. Don Shoemaker, the Editor of the Miami Herald, -- all right now this is about two weeks ago Mr. Don Shoemaker chaired a meeting of a group of businessmen, where there were about in excess of 35 people, including the Editor of the Miami News, Mr. Payne, Mr. A.101014 Chapman, Mr. Michael Wolfson of WOMETCO, and all of the leading business and so-called civic and community leaders for the community. The counter was in excess of 35 people. At that time one of the things that was discussed was the very serious economic conditions that are going to beset this community. Mr. Cliff Hays I think was there - he was invited. Mr. Paul Andrews was invited but he could not attend, so Cliff went. At that meeting one of the things that came up was the problem of Omni International in the project that they have on Biscayne Boulevard next to Jordan Marsh, and what Omni in effect said was "we have 'a serious problem - our project started out being a $54,000,000 project, it is now up to 70 some odd million dollars - $72,000,000. We may not be able to finance it - we think it is important for the community to proceed. The Ford Foundation is going to finance this project, but they have certain concerns. One of them is that they don't want us to have a straight facade along Biscayne Boulevard, where it will be a Chinese wall. They want us to beautify it by having some NOV -71974 More landscaping and a pattern and open it up a little bit. To do that, we will have to spend an additional one and a half million dollars. Now we just don't have the money and we cannot do it, so what we would want is for the City to pick up the expenses of sewering - the storm sewerage and paving of a road, which amounted to, including the State's portion, a million and a half dollars. Now their premise was this that this is a community obligation, and that unless Governments make these types of infra -structure commitments, then large developers cannot really develop large tracts of land, and as a consequence, it would be questionable as to whether these projects can or cannot proceed. Now in the economic argument that was used was that a property that will be worth 75 million dollars will bring to the City of Miami in excess of a half a million dollars in taxes a year. That is more than ample not only to pay for the services received but also the infra -structure. Now I subsequently along with Mr. Paul Andrews and Mr. Hood Bassett, Mr. Shoemaker and Fred Sherman who were invited to participate and could not go, but we went to Atlanta to see the Omni operation. One of the things - when it came time to talk about it - I said: "well, I want to point out I was not on the Commission at that time, but I think that you people receive" -- He said: "it wasn't us - it was Hollo*." I said: "you are the beneficiaries of it as you have the land," -pretty favorable zoning and other types of regulations which would enhance the value of your property substantially, so I for one am not in favor of the City and the citizens paying for this; but this is my idea talking with Paul that perhaps what we could do is create a district and issue bonds and let them place them. That is their responsibility. I guess we will have to go to some bidding process. Mr. Andrews: Excuse me for interrupting you. What we can use is the Highway Improvement Bonds that we have on an assessment basis, with the City Attorney participating so that the City receives the kind of protection to ensure that they make payment over the ten years. Mayor Ferre: I really think ladies and gentlemen that it has nothing to do with these poor economic times. I am not going to make a speech here about all the people who are out of work and all that. That's very sad but even if everybody was at work, they would still have justice. I think that we in government - Miami has a terrible reputation all over the country, and this was made at that meeting where there were about 35 businessmen, by about a dozen people, that we have a bad reputation for being unfriendly to developers here, and that the government here -- in other words, we are always picking, and we are always pushing, and we are always finding what is wrong, rather than doing like Norfolk, Virginia, or Atlanta, Georgia, or so many of these other Cities that are always putting out the welcome mat and the red rug, trying to get industry and investors to invest in the community; but Miami has the reputation of putting up barriers rather than trying to help, so in the interest of helping these people and the Ford Foundation, we should go ahead and finance this project and get it going. It is my opinion that Paul Andrews concurred, that there was an avenue that we could help them without hurting the City. That's it in a nutshell. I cannot stress personally the importance that we go out of our way to help these people solve this problem, and I am going to so state in the record. Mr. Andrews: Without mentioning names Mr. Mayor, you are aware and I am sure that some of the Commissioners individually are aware that some of the large intrepenours in the country who come to Miami to seek advice in developing significant projects and were disturbed with what they were told with some people who got in involved in developments here. Because of the things they get into here that cause roadblocks. Mayor Ferre: There is more than one developer I might say, and I personally heard from two of the top ten large developers in this country, and I will name them, I don't mind naming Mr. Portman who is the man of Peachtree Center; Mr. Rouse of Rouse & Co., -- he said he would not come to Miami for all the money in the world. This is the roughest place to do 36 NOV - 71974 ii i business in, and as far as I am concerned I think that we in Government have an obligation along with Mr. Shoemaker, the Chamber of Commerce, and all of the other people who are involved in trying to change our image to help as much as possible when the opportunity arises. Mr. Plummer: W. Mayor, speaking for myself, I have no objection - it is a very fine plan. A matter of fact it is somewhat along the line of what Mr. Lucius Williams proposed in Tampa. It is a different concept, but I don't see anything wrong . The only problem that I have is with the idea that I am not satisfied with the lien against the project. I think the City has the demand - and we are talking about Taxpayers' dollars, I absolutely guarantee in the form of a bond. Mayor Ferre: Where are you going to get that? W. Plummer: They are going to get it - not us. Mayor Ferre: I am a businessman and I know how these things operate. When you ask these people to Bond this thing, you put a burden of $10,000 or $15,000, $20,000 a year or whatever a bond may cost, and I think that if we happen to be taxing the property and have lien rights against it, you know that they are not going to let a 75 million project go because the City had a lien? Mr. Plummer: Mayor, how many liens do you have in your closet that you are still waiting to collect? I've got a lot of them. Mayor Ferre: You mean in my business? Well, we go to Court on those things. Mr. Plummer: That's right - you go to Court and you get a lien. Do you know what the lien is good for? It is good for 20 years if they ever go to develop or sell. Mayor Ferre: If they go into bankruptcy. The only problem that we will have, a governmental lien has priority over anything. Now I can guarantee you that if the Ford Foundation puts up a 65 million dollar loan on this property that our little lien would have priority over the Ford Foundation and nobody in his right mind would let a 75 million project go because of a million dollar lien ahead of him. Mr. Plummer: Mr. Mayor, you know as well as I do - my only problem is that if this goes to the fund - they came to us, and we are no different than any creditor, -- Mayor Ferre: Yes we are - yes we are. We are a government and a governmental lien comes first. 0ur debt - whatever it is, would have superior standing in any Court in this land over any first mortgage of any kind. Mr. Plummer: Show me then in the writing Am OM Mrs. Gordon: Mr. Lloyd - you are here, you answer - this is a legal question. Mr. Lloyd: There is no guarantee on 100 cents on the dollar. Mayor Ferre: If you have a 75 million dollar project -- Mr. Lloyd: Yes, a governmental lien has priority, except possibly in a federal bankruptcy proceeding. Mr. Plummer: Hypothetically, if that thing goes into bankruptcy, is the City going to take it over and guarantee our lien? Mr. Ferre: The point is that the first mortgage could not take it over. There is no way because I tell you we will sell that million and a half 37 NOV -71974 dollar lien and somebody can buy a 75 million building for a million dollars. Mt. Muller: It's a strange thing - in a munii.ipal operation it just never happens that way. Mayor Ferre: I'm going on the record - I'm in this business. I know what liens and mortgages are and I know that in this kind of magnitude of a project, financed by the Ford Foundation, that a million dollar governmental lien has priority over any other debt; that no lender in his right mind would ever let foreclosure go over a million dollar lien from government, when they have fifty or sixty million dollars into it. They would buy it immediately if nothing else than to protect: their cause. Mrs. Gordon: How would that be repaid Maurice? Mayor Ferre: It goes into bankruptcy -- Mrs. Gordon: I am not talking about bankruptcy. Mayor Ferre: They pay for it - that is their problem. Mrs. Gordon: They are totally responsible. There is no cause whatsoever at any point in time. All we are doing is giving them the backing of the City for the security of the bond. Mr. Plummer; And I propose that prior to creating an assessment district to achieve the project this way that Mr. Lloyd will prepare an agreement that they will enter into, recognizing that they are the ones who will bear all the costs that are achieved -- Mrs. Gordon: All the costa. O.K. And then of course secured by the land itself. Well, J.L., I know that you think that we are being silly but there is merit in the request. Mr. Plummer: Rose - I am in accord with the request. I think it is a good thing and it is helpful to the City. I just don't want taxpayers dollars to possibly be in jeopardy - that's my only contention. Mayor Ferre: I am just saying as a businessman J.L., and experienced in this field, that there is no way in the world a million dollar governmental lien would not be paid in a 75 million project if it goes into default, because the mortgage lender - the first mortgage lender would not risk that lien being sold to somebody for a million dollars and taking over the project. Mr. Plummer: Unless those liens are sold by discount. Mayor Ferre: There is no way it can be discounted. For a million dollars you can pick up a 75 million dollar project. If I were a lender on that there is no way -- (interrupted by Mrs. Gordon) Mrs. Gordon: You know what Maurice, do we get any kind of security or some pieces of land? Is it possible from the legal standpoint? Can anything like that be arranged? Mr. Lloyd can it be done that way? Mr. Lloyd: A lien is a security actually - that is against the land. Mayor Ferre:. It has priority over the mortgage lender. That is the whole key to the situation. A governmental lien has priority over the mortgage lender. They can not have a clean title to the property unless they pay us - there is no other way, and if we were to sell our lien to somebody, the mortgage holder would be stark raving mad to let that lien precede then and wipe out their mortgage. Mrs. Gordon: There is another thing I am wondering about the Ford Foundation because in their financing they would have to be subordination because of the situation? They understand that - I am sure that these are �3 NOV -71974 big businessmen and they are not playing around with pennies. On the other hand, you know as far as I at concerned I don't see any big objection. You want to move ahead, go ahead. Mayor Ferre: Listen, this is a Commission that runs by a majority. I am just telling you my opinion. Mrs. Gordon: It is your opinion - do you want to move a motion? Mr. Plummer: I'll move ,it. Mrs. Gordon: I'll second it. Mayor Ferre: There is a motion and a second. Everybody understand the motion now? Mr. Plummer: I'll read the Resolution.. The Resolution authorizes the City Manager to begin negotiations on an Agreement whereby Omni International pay for all improvements of a highway assessment district for those highway improvements agreed upon by OMNI International to be completed through platting procedures as provided by City Ordinance for platting of land - Resolution 1172-112 and the restricted covenant dated June 5, 1972. All the property proposed to be developed between Biscayne Boulevard and North Bayshore Drive, from N.E. 15 St., to N.E. 17th Terrace. Mrs. Gordon: Is there any cost involved Mr. Andrews or anything at all where we are concerned - does this Resolution cover all costs, not just improvements, or any proceeding cost that might take place? Mr. Andrews: We would cover that. Mayor Ferre: Mr. Grimm - has he left? Mr. Andrews: 1They have engaged a private engineering firm who have completed the plans, and those plans would be turned over to us for bidding. Mrs. Gordon: There are legal costs and whatever costs are involved? Mr. AndrewR: Whatever costs that the City would normally include in the Highway Assessment District wherein all of the costs of the improvement are included. The City is not going to absorb half of the costs that we usually do when we have an assessment district and a portion of the costs are pro- rated to the property owners. In this Agreement, they recognize that they are going to absorb all of the costs, as if they had accomplished their project themselves and put these plans out for bids. Mr. Lloyd: Another tiling that I want to suggest is take good note of the Resolution as for the negotiation only - anything that is drawn up will be presented back to the Commission for approval. Mr. Plummer: I am putting the City Attorney on notice that youbetter protect the City in every way, shape and form. Mayor Ferre: We are going to vote and then you can ask a question. First the microphone - I will give you three minutes to talk. Engineer: I don't know what is being built for 52 million dollars and then it is hopped up to 70 million dollars. How long is this been -- Mayor Ferre: It is a private project. Engineer: It is a private project? How long is the storm sewer here? The City is spending 70 million dollars? Hr. Andrews: The City isn't spending anything. 39 NOV -71974 Engineer: Well, there must be something somewhere. To me it just doesn't nppeat on the face of it that there is something between the lines. 1 hate to put in that way, but that is my feelings. Mayor Ferre: Wait a minute. Don't stand up there making accusations. Engineer: No, I am not making an accusation. Mayor Ferre: What is it? Engineer: What is it? Fifty two million dollars! Mayor Ferre: He doesn't understand the project. Engineer:. No, I don't understand the project - like a lot of people don't understand the project, but I still can question it. I still can find out what is all about. Mr. Andrews: Well you have that right. You can go to the Clerk's office and pull all the ntinute0 and read them. "You have that right. Engineer: Well, I would like to have him keep me informed as to what the project is. Mr. Andrews: You go to the Clerk's office and he will give you every- thing you request. Engineer: How come that the City is engaged in a project where it does not spend any money, and these people are putting up the money and not charging the City? That is my question. Mx..Andrews:'Very simply sir, because it involves sewers, in which this City has a commitment to be fully sewered by the year 1976. It is that simple. , Engineer: I retract whatever I said and I apologize to the illustrious Mayor Ferre and to J.L. Plummer, Jr. Thank you. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1216 A RESOLUTION AUTHORIZING THE CITY MANAGER TO BEGIN NEGOTIATIONS ON AN AGREEMENT WHEREBY OMNI INTERNATIONAL WILL PAY FOR ALL IMPROVEMENTS OF A HIGHWAY ASSESSMENT DISTRICT FOR THOSE HIGHWAY IMPROVEMENTS AGREED UPON BY OMNI INTERNATIONAL TO BE COMPLETED THROUGH PLATTING PROCEDURES AS PROVIDED BY CITY ORDINANCE FOR PLATTING OF LAND, RESOLUTION NO. 72-112 AND THE RESTRICTED COVENANT DATED+.ZUNE 5, 1972, ALL FOR PROPERTY PROPOSED TO BE DEVELOPED BETWEEN BISCAYNE BOULEVARD AND NORTH BAYSHIRE DRIVE FROM N.E. 15TH STREET TO N.E. 17TH TERRACE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon. Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 40 NOV -71974 1 1 Mr. Andrews: t. Mayor, I suggest that on Ite#12, I'll gamble that there is going to be time between the 2:30 items and the 4 o'clock public hearing when you go through the routine matters that we can discuss --- Mayor Ferre: We will now recess until 2 P.M. 14. LITIGATION - POLICE SGT. OTIS DAVIS: Mayor Ferre: All right ladies and gentlemen, we are now back in session. Before we get on to the regular agenda, Father Gibson has a question of the Law Department yesterday. They gave us an opinion in writing of the legal decision with regards to Sergeant Otis Davis and the investigation and inquiries are now going on. Mr. Lloyd: What I would like to do, if it will please your Honor, Mr. Mayor, is briefly explain it, and we do have a written statement. I am ready to give an explanation. First I would like to explain that Florida Statute No. 932.465 is the criminal statute of limitations that are involved in the matter. Now that has to do with limitation of prosecutions. Now normally, a prosecution for an offense punishable by death, may be commenced at any time. In other words as I explained yesterday, there is no limitation. In all other crimes, with an exception which I am about to make, the offense must be prosecuted within .two years, unless there are certain periods of time where the period of commencing prosecution maybe extended, if an affidavit or information is dismissed, but that doesn't Apply here. Now then there is a portion of the statute dealing with offenses by State, County, or municipal officials, conducted during the terms of their office and connected with the duties of their office, which says: "shall be commenced within two years after the Officer retires from the office." Now this requires an explanation. I want to preface my remarks by saying that due to the fact this is a criminal statute which is administered by the State Attorney, it would be more his prerogative than mine to give a legal opinion; but I am going to give you an opinion of the Attorney General and then te]1 you my comments upon that particular thing. The crux of that matter is whether or not a Police Officer may be construed as a public official within the meaning of that section, so that an act which he committed during his term of office could be prosecuted within two years after his term of office has concluded. Now the Attorney General in construing the provisions of that statute, has stated the statute does apply to municipal Police Officers, and more specifically to municipal Police Officers, including Police, including rank patrolmen, sergeants, lieutenants, captains and chiefs. Now I have a copy of the opinion. Now the Attorney General in arriving at that opinion relied upon a case called Curry vs. Hammer. Now in this case the Court held that a City of Miami patrolman was an Officer for the purpose of determining his rights to earnings. Now let me explain that due to the fact that there has been no Court opinion directly on this particular issue, that I must tell you that there is no Court opinion directly upon that issue; therefore, the Attorney General has relied on a case which is not directly concerned with this (inaudible).- on another case which has to do with earnings, which does not necessarily apply. While I respect the Attorney General's opinion, I must tell you that a Court has not ruled directly upon this issue and I personally am of the opinion that the intent of the Legislature was to make the statute apply to public officials who have sufficient authority in office, so that they can control, at least to the extent, the release of information which might show they were culpable of some offense, and personally Ilbelieve a Police Officer is not in such a position, but as I say, in that respect I differ from the Attorney General; but that is one lawyer's opinion versus another lawyer's opinion. I do not know what the State Attorney's opinion is on the subject, so I can only tell you as far as that goes. Rev. Gibson: Mr. Mayor, I want to ask a couple of questions: "Who is the man that runs that part of the Police Department?" Put him on the witness stand. Major McLaughlin - Rev. Gibson: O.K. Major, let's go. Is it customary for your Department to keep a log that says such and such pe Cson called; such and such person wants so and so? 41 NOV •71974 YII l•hIllilll1• •rll• major Mct.aught : If a person calls in to itt that Security ` it is accdrding to what .e case would be. We do get anigtous calls - our calls are not taped. In other words, the phone calls to Internal Security are not taped, so therefore there would be no permanent.record. Rev. Gibson: Mr. Meydr, I want to point out a couple of things to you all. You know we conveniently don't tape; we conveniently don't keep, and I am getting rather disturbed -- I am going to get like some of the other people about the Police Department O.K. What disturbs me is that you are telling me that you don't have a record of the call made on this case? Major McLaughlin: I explained yesterday Father Gibson that I was home convalescing from an operation.. Rev. Gibson: O.K. Who t.tkes over when you are absent? Major McLaughlin: Captain ivory. Rev. Gibson: Where is he? '` Major McLaughlin: He is at the Station. Rev. Gibson:. O.K. Mr. Mayor, let's send for him. Mr. Plummer: :Let me ask this question Major. We are speaking now Father, aren't we, of the Otis Davis case?' Rev. Gibson: Yes sir.' I; am concerned about the procedure. I don't care what happened in the Davis case,'only the procedure. That may tell us more than what we are looking; for; • Mayor Ferre: Let's put it all on the table so we will all understand, at least the way I understand it. I think the concern here is whether or not the!iavestigation of Sergeant Davis is based on internal political shenanigans, or whether it is a serious citizens' concern on something. Mayor Ferre: I think if it is frivolous and based on internal problems, whether they have racial connotations or not, I think that it is something we ought to find out what this is all about. Can you imagine what would happen now if every time you get into some investigation - black or a white policeman, and other policemen, and everybody investigating everybody else. You have a heavy enough burden as it is. Now I asked for the Court case, and I read some of the testimony and Mr. Lloyd was the attorney on it, and the thing that'get me about it is, as I understand it, there was a Ferencik report -- Mr. Lloyd: Mr. Mayor, I apologize to you if Igave in any way intended to mislead you because as you remember - the case is five years old, and my memory was not too reliable, but I did check the case afterwards - the projectile was never found. What there was, was testimony by Otis Davis that the bullet ricochetted and there was a mark on the wall nearby which appeared to be a fresh mark which could have been made by a projectile. Mayor Ferre: Was there an autopsy? 1 Or that the bullet went through the man? Mr. Lloyd: The bullet went through the man. It was a nasty wound if I remember correctly enough. Is that right? Mr. Plummer: Major, the information of recent which has reopened the investigation of the Otis Davis case, did that come to you through a phone call or a letter? • MajorMcLaughlin: Mr. Plummer, as I said before, it didn't come to me. It came evidently to Captain Dory and to Lieutenant Murphy. They said in a report to the City Manager - to Chief Garmire - that went to the State Attorney. They said there were rumors around the Station that two people helped Davis because somebody threw a knife under the box. Now based on that, they wrote this report to Chief Garmire and the Chief ordered Captain Dory and Sergeant Dixon to make an investigation. They have been conducting this investigation approximately two weeks, taking testimony, talking with different people, read reports, and did different things. This report -- they are working on the desk as a matter of fact. I cannot. tell you here because I wasn't out there to know if it was a letter or a phone call; whether it was taped or not. People came into the office and-said'heh - "you kjow Thorp helped Davis out one time when he was involved in a shooting, why is Davis talking about everything today?" This is probably the way it happened; but for me to stand up, here and say who came in, the only peoplo who can answer that is Lieutenant Murphy who is home sick today'and Captain Dory who iatha Station right now. • Rev. Gibson: Mr. Mayor, I think we ought to get them here - man - I want them on the record because I have my feelings Lieutenant - Major - I have some Leal suspicion - you :snow every once in awhile I think I ought to tie my head with a bandana, so I can go out and tell fortunes - you know, because I have some real good reaction to what I hear, and you know Mr. Manager, I want to say this for the public and the Commission - we were here yesterday squirming. Anyone on the Commission who says he wasn't squirming, I just don't understand it - O.K.? The finger was pointed at the Police Department that all was not well and there needs to be one hell of a shakeup in the Police Department. It was no accident that I fought for a team, and I made doggam sure we got the team before the cases were put on - that's number one. Number.12 - I made sure that you weren't going to conduct that investigation and your staff wasn't going to do it. As much as I respect you, I happen to know human nature, and it is hotter than hell around that Police Department now. They are even sending hearses up`there. That's right - I want you to know that. Yes, saying they are looking for Davis - O.K.? Let me say another thing - I understand the way this thing can go and I am determined Mr. Andrews for you to send for the person - I don't care who sends. I want him before - so we can clear this thing up. 15. RETIRED CITY EMPLOYEES.PENSION BENEFITS - 1% INCREASE BASED ON YEARS OF SERVICE: Mr. Andrews: Is Mr. Wilcox here: We can take this matter -- May I explain Mr. Mayor. I'm going to do some of the explaining - I already met with Mr. Wilcox and his committee members several times in order to try to resolve the problem. When the City Commission adopted the emolument for the Pensioneers - the 1%, I was not aware that the ordinance was being adopted on the basis of the emolument being granted and the present pension benefit - the present benefit - in other words, the 1% calculation of additional emolument is based on the present benefit. Last year when the same proposal was advanced, it was based on the emolument the retiree received when he left the City, and increase is based on that emolument. It makes a difference of about 20% of the emolument that everyone would receive. Now in order to adopt or leave the ordinance stand as it is, would require an additional $55,000., over that which we budgeted for this benefit. In other words, $251,000 vs. $300,500. It was the intention at the time that I presented the budget to the City with the money that we budgeted, that the emolument would have been based upon the monies the individual received at the time he left the City, not under present Pension benefit, and I've gone over this very carefully, and at this point in time, the City does not have the money to fund this additional benefit which would be based on the present Pension benefit and Mr. Wilcox and his committee understand this. I also told them that I would be forced to go back to the City Commission and ask you to adopt a new ordinance, and this would be my recommendation, readjusting the benefit to the emolument that the Pensioneers had when they left the City and that I would ask the City Commission to also adopt a motion that in the event that any monies that accumulate in this particular special levy, millage levy, certainly can't come from the Pension Fund. The three items that are funded from this. (1) The Old Pension Plan; (2) Social Security; (3) Group Hospitalization. That any monies that would develop during the year; that would be any kind of savingsito Social Security; any monies that could be saved in the Group Hospitalization u0 to the $55,000, that the Commission then would be giving me authority to reprogram this, so that this difference could be made up, even if we had to"go back. -retroactively to October 1 assumption, or an example. Let's assume that there is only $15,000 that would accumulate in this account, we would take that $15,000. and make it retroactive in date from the end of the year, which is September 31st, to the earliest date possible to expend it. In the following year, the emolument that they would have gained would have continued. Right now we do not have the funding. Mrs. Gordon: How much money are you talking about being short? Mr. Andrews: $55,000. 43 NOV -71974 Mrs. Gordon: And you say it can only comae from one particular source? Mr. Andrews: Well, the way the budget is constructed now and as closely as we have estimated everything, there are no funds that I can look through that I can make any kind of commitment whatsoever to the Commission. Mrs. Gordon: You didn't answer my question. Mr. Andrews: Yes! Technically you can take monies from some other source and program the funds into that particular category. Mrs. Gordon: Now you tell ue where do we stand with regard to our budget which provided for a certain number of new employees under the Deputy Manager's system, which apparently the voters turned down - how much money did you program for that that is not going to be used for that? Mr. Andrews: To tell you the truth, I can get you the information in a few minutes but I can't tell you what that is - I can't remember now if that was one of them that I completely eliminated when we went through that last ,process and took out a lot of those items, but I will get that information. Mrs. Gordon: All right, get that information cruse that information seems to me to be very valuable in deciding how we are going to fund this $55,000 that you are short. Rev. Gibson: Let me ask Mr. Andrews. .We still haven't shared all that money in revenue sharing - have we? Mr. Andrews: No, we have not. Rev. Gibson: All right. I just want to make sure everybody understands it. I hope we can do it as Mrs. Gordon has indicated. If we can't do it as she indicated, I say that all those senior citizens ought to have that money, and if we have to take it out of Revenue sharing, then take it out. Mayor Ferre: Why don't you make n motion ►4, we can move ahead. Mrs. Gordon: Well I think we :.ere waiting fur an answer t» come back. Mayor Ferre: The point is that we are going to fund it one way or the other. I think what we ought to do is let the Manager worry about the funds. Mrs. Gordon: Then we have to reiterate what we passed before. We already passed it. Mr. Plummer: Mr. Mayor, I will make a motion. Whatever monies are found that are left over from the Deputy City Manager's Program which now is not to be implemented, be used towards $55,000 towards the pension. Any remaining balance come from the unappropriated --- Mr. Andrews: Excuse me Mr. Mayor and Commissioners. Your really making it difficult for me to come back with any alternate plan --- Mayor Terre: I am against that. I would rather accept a motion that the Manager find the $55,000 and come back and tell us where he got it from. Mrs. Gordon: O.K. - I move that. Mayor Ferre: There is a motion by Mrs. Gordon and a second by Father Gibson, and part of the motion is that the Manager reveal the source before he implements it. Call the roll. 44 NOV - 71974 NSNS g The following motion was introduced by Commissioner Gordon, who molted its adoption: MOTION NO. 74-1217 A MOTION REQUESTING THE CITY MANAGER TO DETERMINE A SOURCE OF FUNDS IN THE AMOUNT OF $55,000 TO BE EX- PENDED FOR INCREASED PENSION BENEFITS FOR RETIRED CITY EMPLOYEES. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Rev. Gibson: Mr. Mayor, one other comment. I sincerely hope that the Manager understands Theodore's position. I think that each year from now on that adequate provision ought to be made to do something about these senior citizens. I don't like that every year they have to come up here like with their hat in their hands, asking us to make an adjustment for something they really deserve. It is demoralizing. Mr. Andrews: Mr. Mayor and Members of the Commission, and you better speak up Mr. Wilcox in this area, so that the Commission doesn't have the wrong impression that is was every bit of our intention that the Commiesion not be faced with the problem like this, and I recommended it and I included it, and I safeguarded it that nothing would happen to those funds, even when we were struggling through all of the meetings when we were looking for two and a half million dollars, I said the first thing we had to do was to make this provision. Mrs. Gordon: We're not blaming you. Mr. Plummer: What he is trying to tell you Rose that when I was on his back to reduce that Pension Fund and reduce the budget, the only thing that he absolutely refused to touch was these people's fund. Mayor Ferre: All right, thank you very much. Chief Harrison --- Mr. Andrews: Excuse me, he called in and said that he will not appear this afternoon. 45 NOV -71974 16. NORM 71ST STET DRAINAGE PROJECT - ACIR COMPLETED WORK: The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1218 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $98,477.50 AND AUTHORIZING A FINAL PAYMENT OF $10,583.50 FOR THE CONSTRUCTION OF NORTH 71 STREET DRAINAGE PROJECT - 1974. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 17. SR-53I6-C - (SAN MARCO SANITARY SEWERS) - FIXING PUBLIC HEARING FOR OBJECTIONS TO COMPLETED WORK : 6 The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1219 A RESOLUTION AUTHORTZTNC THE CTTY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316 C (center- line sewer) IN SAN MARCO SANITARY SEWER IMPROVEMENT DISTRICT SR-5316 C (centerline sewer). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 46 NOV - 71974 1 a 18. tAPANES : GARD$NS - PROPOSED USE PEES: Mt. Plugger: Vpere should be a fee_but 1 think it should be a fee that's in line Mr. Andrews: It is not a question of cleaning it up, it is question of controlling it for uses. Mr. Plummer: I think we should have a public discussion. Mr. Andrews: I agree with you. May I then include then the community building and others that are in the same, O.K. Well there are such things as five dollar charges for the use of community buildings. It cost more money for us to police that five dollars than it is worth to collect it. Mrs. Gordon: You are talking about Senior Citizens Groups, aren't you? Mr. Andrews: Weil, we may eliminate some of these fees. Mrs. Gordon: O.K.' If you just analyze it in that light, O.K. Mayor Ferre: A11 right - so #21 will be continued. 47 NOV - 71974 l luIII ICI I0IIIIIol Iu11IIIW . ! �i 19. NIGHT CLUBS - EXEMPTING FROM MINIMUM SPACE REQUIREMENTS: An Ordinance entitled - ORDINANCE NO. 833 AN EMERGENCY ORDINANCE AMENDING SECTION 3-43 OF THE CODE OF THE CITY OF MIAMI RELATING TO NIGHT CLUBS; ENACTING A NEW SUB -PARAGRAPH 3-43(b); PROVIDING THAT CURRENTLY LICENSED NIGHT CLUBS SHALL BE EXEMPTED FROM MINIMUM SPACE REQUIREMENTS OF SECTION 3-43(a) OF THE CODE; PROVIDING EXCEPTIONS WHEN THE BUILDING IS CHANGED; PROVIDING INCLUSION IN THE CODE; CONTAINING A SEVERABILITY CLAUSE. Was introduced by Mr. Plummer, 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: Messr. Plummer, Reboso, Mrs. Gordon 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: Messr. Reboso, Plummer, Mrs. Gordon and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8323. Copies of the ordinance were available to the members of the Commission and to the public. 20. AMTRAK - URGING REINSTATEMENT OF RAIL PASSENGER SERVICE THROUGH ATLANTA: The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1220 A RESOLUTION URGING THE U.S. DEPARTMENT OF TRANSPORTATION TO SUPPORT THE PROPOSED USE OF AMTRAK TO REINSTITUTE RAIL PASSENGER SERVICE THROUGH ATLANTA, GEORGIA BY ADDING A SECTION TO THE EXISTING "FLORIDIAN" TO SPLIT OFF AT NASHVILLE, SERVE CHATTANOOGA, ATLANTA, MACON, AND SAVANNAH AND REJOIN THE "FLORIDIAN" AT JACKSONVILLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 48 NOV 71974 21. PS'VC1tIATRIC ONSULTANT SERVICES FOR POL DEPT - AGMT WITH • DR. ARNOLD LIEBER; 1MI1111111 I111111111IIIIMIIIII111111116 J 6111111111=IIIIII VI111ZI6.°idrfidddAl The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1221 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH ARNOLD L. LIEBER TO PERFORM PROFESSIONAL PSYCHIATRIC CONSULTANT SERVICES TO THE DEPARTMENT OF POLICE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 22. CLAIM SETTLEMENT - ARTHUR LANDRY: The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1222 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ARTHUR LANDRY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $300.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY HIM, 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 Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 49 NOV «71974 1111111111 IMUOIMOiMr11i MOLL' i 23.41 TAXICABS - REPLACEMENT CERTIFICATE OF PUBLIC CONVENIENCE & NECESSrT'Y A. YELLOW CAB COMPANY: The following resolution was introduced by Commissioner Gordon who roved its adoption: RESOLUTION NO. 74-1223 A RESOLUTION AMENDING RESOLUTION 74-1084 BY GRANTING THE APPLICATION SET FORTH HEREIN FOR THE REPLACEMENT AND TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 24. FIRE RESCUE DIVISION - RATIFYING EMERGENCY PURCHASE OF MEDICAL SUPPLIES: The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1224 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING AN EMERGENCY PURCHASE OF MEDICAL SUPPLIES IN THE AMOUNT OF $2,778.41 FOR USE BY THE RESCUE DIVISION OF THE FIRE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 50 NOV -7 1974 1111111 1111111111111111111 of i111Yltp1f1111111111111111i 11 111 25. ENVIRONMENTAL PRESERVATION REVIEW BOARD SOLICITATION or NAMES or Ws PECTIVE MEMBERS : a The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1225 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO PUBLICLY ADVERTISE AND TO SOLICIT NAMES AND QUALIFICATIONS OF PROSPECTIVE MEMBERS OF THE ENVIRONMENTAL PRESERVATION REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 26. RETIREMENT SYSTEM AMENDMENT - REDUCING NOTICE TO RETIRE FROM 30 DAYS TO 10 DAYS: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SUBSECTIONS 2-91 (1) (a) AND 2-109 (1) (a) OF SAID CHAPTER 2 BY REDUCING THE MINIMUM THIRTY (30) DAY NOTICE TO RETIRE TO A MINI- MUM TEN (10) DAY NOTICE TO RETIRE; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THERE- OF 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. Passed on its first reading by title at the meeting of November 7, 1974 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES; Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Fevre NOES; done. 51 NOV -7 1974 Pi SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8324 The City Attorney read the ordinance into the public record and announced that copies Were available to the members of the City Commission and to the public. 276 OFF-STREET PARKING BOARD - REAPPOINTING MITCHELL WOLFSON: The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1226 A RESOLUTION CONFIRMING THE REAPPOINTMENT OF MITCHELL WOLFSON TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 52 NOV - 71974 1 i 28. ZONING ORDINANCE AMENDMENT- SPECIAL PLANNED DEVELOPMENT DISTRICT; CENTRAL ISLAND DISTRICT CIAUGNTON OR BURLINGAME ISLAND* Mfrs. Gordon: Move. Mayor Perre: Who seconder it? Plummer. All right. Thereupon the City Attorney read the ordinance by title. Mayor Ferre: I have a question. On this we are passing the identical instru- ment that we passed on before without any changes or corrections. Is that right? Mr. Plummer: That is correct. Mr. Lloyd: Now we submitted two ordinances to the Commission on this. Mayor Ferre: That's why I'm asking. Mr. Lloyd: Yes. Now this one had just minor changes on page 3 and 4. Mayor Ferre: Well I object to them. Mr. Lloyd: A11 right, sir. Mayor Ferre: I object to some of the changes. I know what they are. I've read them carefully. I've had three people read them and I'm telling you that I'm not voting for it except as it was voted upon last time unless we take the time to go over it. Mrs. Gordon: Let's go over it one by one then so well all.... Mr. Plummer: We're not going to do that now. Mayor Ferre: Oh yes. Mrs. Gordon: It's not that much. Mr. Plummer: Well wait a minute. Now in fairness, Mr. Mayor, we shouldn't be going over this without the parties here. Mayor Ferre: What parties? Mr. Plummer: Well the parties that are in... Wait a minute. Excuse me, I'm sorry. Mayor Ferre: The first change I see here is on page 2. Is that correct? Mrs. Gordon: No, page 3. Mayor Ferre: I see one on page 2. I've read it and compared it word for word. The first change is on page 2. Mrs. Gordon: Mr. Acton, would you please? This is your baby. Will you come out and tell us exactly what you've changed? Mayor Ferre: The changes is as following in page 2 in the last paragrph, section 2 Use Regulations. The following specified use may be permitted in the Central Island District. Mrs. Gordon: You're looking at something else, Maurice. We're on 32 now and you're talking about 33. Mayor Ferre: An ordinance amending 6871.... Mr. Plummer: Mr. Mayor, I move that we defer this at this time that no one is prepared to speak to it except you and if we just have it at the next regular meeting of this Commission. Mr. Lloyd: I am prepared to speak to this and let me explain this. The changes were recommended by Mr. Acton. I noted the changes, they are noted here. We have aiao prepared the original ordinance as directed to us by the Commission. e If that isn't in•.the book it should have been and you can pass that original ordinance if you so desire and not this one. 5a NOV - 71974 IWYiYIl• IiIOilIII i Mr. P1uiter: 'that's fair. And then we would make the amendments later? Mt. Lloyd: You can if you want or you don't have to. These amendments are suggested by Mr. Acton of the Planning Department. They have not been sug- gested or concurred in by the Law Department. We simply noted that they were made. That is all. INAUDIBLE Mayor Ferret Rose, you have your opinion, you know. Mr. Plummer:' Mr. Mayor, I understand what the lawyer is telling me. We pass them as they are today in front of us without any amendments then we add the amendments at the next meeting if we can concur on the amendments. Mrs. Gordon: I think we should go over these, we should see what these amend- ments are. We should not just pass them without having the amendments in them and knowing what the amendments are. Therefore, I defer it. Mr. Lloyd: ... What I said was that these amendments are amendments suggested by Mr. Acton. Mrs. Gordon: I know that and that's why I'm not going to pass them unless we know what the amendments are and we go over them. Mayor Ferre: That's what I'm saying. I'm saying Mr. Acton speaks for himself and the administration but does not speak for this Commission. Mr. Lloyd: And that is the reason why I sent around, or supposed to have been sent around the copy of the old ordinance and the copy of this suggesting what the amendments were if you want to do it. You may simply pass on second read- ing the ordinance as it was passed on first reading. This is the reason why.... Mrs. Gordon: We may but we don't have to. Right? Mr. Lloyds Yes. You may but you don't have to. This is the very reason why I sent this around for the Commission so that they would know this and know that these are amendments suggested by Mr. Acton. Mrs. Gordon: I understand you, Mr. Lloyd, but I think Mr. Acton should speak to the differences between the old and the new and then we should act. If we don't have time to do it then we'll defer it. Mr. Plummer: Without the City Attorney concurring? Mrs. Gordon: WE11 doesn't he know what... He sent it around. Mr. Lloyd: No, I said that I had read them but as I say, this is up to the Commission to decide and I'm not necessarily concurring in Mr. Plummer: I make a motion to defer items 32, 33 and 34. Mrs. Gordon: Ok, I'll go along with that. Until when? Mr. Plummer: Until everybody can get their act together. Mrs. Gordon: Well, I'm ready to act today if we have time for Mr. Acton to tell us what the changes are. Mayor Ferret I am too. I'm ready to go over it today. I've got no objections to that. Then we'll just defer it until later on. Mr. Poe: I'm sorry, did you say defer until later today? Mayor ?erre: Looks like that's the way it will be. Yes. Mr. Poe: But it will be today. us Mayor Ferrel I would hope so if we can get through.... um Mr. Plummer: That wasn't my motion. Mayor Ferret What is your motion and I'll recognize you? 1 54 NOV -71974 4r. Plummer: My motion is to defer until the 21st. Rev. Gibsons Second. Mre. Gordon: On discussion. may I ask what we're going to accomplish more on the 21st than we can do today in a proper order? Mt. Plummer: Do you want me to answer it? This document I have not read nor digested. Mrs. Gordon: Ok, that's good enough reason. Mayor Ferre: All right, Mr. Poe, do you want to address yourself to that? Mt. Robert Poe: My name is Robert Poe from Tulsa, Oklahoma. On the SPD-1 Central Island District ordinance it is true, as I read it, that you did have a memorandum from Mr. Lloyd pointing out 15 areas that the revised ordinance addressed itself to. I should point out to you, however, that item #1 was the Filer amendment, by Mr. Filer that this Commission adopted and instructed in affect the City Attorney to place in the ordinance. Item #2 on the broad- casting towers was an amendment passed by this Commission and therefore it was their obligation to insert it into the ordinance and item #15 was the amendment by commissioner Plummer that changed section 11 that therefore must be in here. 'Other than that Mr. Lloyd: Bob, respectfully, we're not talking about the same ordinance. You're absolutely right in what you're saying, exactly. But you're talking about the special Claughton Island Ordinance. This is another ordinance. Mr. Poe: 1 didn't know there were any changes in the first one, in the enabling... Mr. Lloyd: This has been suggested changes by Mr. Acton. Mayor Ferre: Is it on item 32, yes or no? Are there any changes in item 32? Mr. Lloyd: Yes, that is right. There are suggested changes. Now there are two minor changes recommended by the Law Department which I can explain to you in about 10 words a piece. Mr. Plummer: Yes, but I object, Mr. Mayor. My motion stands. Mayor Ferre: You want the whole thing deferred until the 21st. Will that do you any harm? Mr. Poe: Yes. It will, Mayor because the administration department, the Planning and Zoning has already advertised for a public hearing to be held the 18th of December for the development of regional impact statement and that logically is the same time in which the hearings will be held by the Planning Advisory Board on the project itself. They were deliberately scheduled so that they could be heard together. If this were delayed then the ordinance won't have 30 days to become effective by the 18th of Decem- ber. Mr. Plummer: We can waive that, can't we? I believe we can. We can waive the 30 day hearing, can't we? INAUDIBLE Mr. Lloyd: No. ,That is in. the Charter. Now let me explain to you about that 30 days. If Mr. Poe and his group wants to take a chance we have two provisions. We have a provision in our charter which says that the ordinance on second read- ing becomes 30 days after effective, thirty days after the second reading. The state statute says 10 days afterward. But there is an attorney general's opinion which says that the appropriate method to change a charter provision is by, in home rule counties is by the people as prescribed by the home rule Charter. That amendment to our Charter has not been changed so you are playing in a manner of speaking, Russian Roulette with the legality of that ordinance. Now if you want to take that chance I'have to give you that warning. Mayor Ferre: He doesn't want to take that chance, he wants us to work on it right now. Mr. Lloyds That's why I say Mayor Ferre: I'm perfectly willing after we've heard Mr. Stone to take it up. I have no objection to that. NOV - 71974 Mr. Poe: That `could be fine. Thank you. Mayor Ferre: But I'm not the one that determines. We need three votes and I've got a motion with a second that says take it up on the 21st. Mr. Plummer: Weil let me ask this question of you. How many changes have you noticed that you're in objection to? No, you, Mr. Mayor. Mayor Ferre: I handed this document this Morning to Mr. Green who was here since you remember he talked up at previous occasions and he sent me back a memo and he says 5 things that he thinks should be changed. Now on the changes themselves I notice that Mr. Lloyd's memorandum refers to 15 changes. Mr. Lloyds Again we are referring to two different ordinances, Mr. Mayor. Mayor Ferre: Yes, but look, John, after we've passed 32 we're going to pass 33. I would like to take them all up together. Mr. Lloyd: Yes. Now then, let me address myself to that. This is what I've been talking about and you remember I mentioned that to you some time ago. The 15 different changes are the ones changes which have been recommended by Mr. Acton. Now the other ordinance as Mr. Poe reminded you, now you all received copies of these las Friday, every Commissioner. They were delivered to the Commissioner's offices here at City Hall. Now then, the other ordinance and I'm talking about the one that Mr. Poe was talking about specifically the Claughton Island Ordinance has in it as specified in my memorandum only the changes which I was directed to make by this Commission on first reading. So if you adopt that ordinance every one of you knows what those changes were because you directed me. The first one was an amendment proposed by Mr. Filer of the citizen's group I believe regarding the area to be compatable. Am I correct on that? The second one you wanted to make an exception in the area on the island for what could be put on the island. You wanted to exclude radio broadcasting towers and Mr. Plummer: Mr. Mayor, excuse me, a point of oersonal priviledge. I'll withdraw my motion if we agree to defer it until after we're finished with the regular agenda. Mayor Ferre: Allright. Since we're not following the normal procedure anyway we'll come back to items 32, 33 and 34 at the appropriate time. In the mean- time I think Captain Doherty is here. 29. LITIGATION - POLICE d3T. OTIS DAVIS - DISCUSSION: Mayor Ferre: Ok Captain, if you would step forward over to this microphone Father Gibson has a question of you, sir. Rev. Gibson: Captain, we are tremendously interested in what is happening in the Davis matter. Is it the normal and usual procedure when you receive a call asking that things be done, or a letter be written, do you keep a record of it? Captain Doherty: Yes, sir. Rev. Gibson: Ok. That means you're telling me now that you know who called you about the Davis matter and therefore I want to ask you to tell us. • Capt. Doherty: Yes, sir. On October 22, it was a Tuesday, ... Mr. Plummer: Wait a minute, Captain, hold on. Father, I'm going to voice the same concern actually it doesn't relate but it does. I'm going to caution you captain as well as I will caution major Dilucchio that this is an open and sup- posedly and pending case, that whatever you testify to here today that it does not jeopardize a case if it exists. Capt. Doherty: I think I can narrowly answer the question without getting into the case. Mr. Plummer: I just caution you of that. Rev. Gibson: I'm not interested in the case. I'm interested in whether or not you got a call you said you did. I'm interested in who called you. You know you say you keep the record. I'm interested in knowing now who called you. 56 NOV -71974 • NIIMMIIK1111111 Capt. Doherty: Yes, sir. I believe I can answer that without going into the case. On October 22 that was a Tuesday, I was informed of this case in an in- formal manner but at the particular time I was a captain in the Internal Review Section. This was the third of fourth time I had heard this in the previous four or five days. I recall two of the officers who had mentioned this to me. It was officer Cupner and officer Kenny. The one or two other officers I don't recall their narhes because since then I've had to .race this rumor to a source and I've talked to many officers. This was made in the presence of myself and Lieutenant Murphy who is in fact in charge of Internal Security. I had not heard of this before. I had not even been aware that there was a fatal shooting involving officer Davis so I had to check the homocide records. I did find a case. I went down into the microfilm office. I personally looked at a micro- film and the case did occur on January 3, 1969. I write a memorandum to Chief Garmire on the same date, October 22 and at 4:00 P.M. that day he read the memo and directed us to the State Attorney's Office. That's Lieutenant Murphy and myself. On the next day, October 23rd Chief Garmire assigned Sergeant Clarence Dixon and myself to rem -investigate this entire case. We have re -investigated it and we should be completed either tomorrow or Tuesday at the latest. Rev. Gibson: I'm glad you told me that, Captain. I hope the Commission gets the inference now. As always I don't leave any inference in anybody's mind. My bishop always said that Gibson can speak for himself and I want to do it. You know, it is rather unusual for two policemen to want to open the case after five years. How long they been on been on the police force? How long those two same policemen been on the police force? Capt. Doherty: I don't believe they were on five or six years ago. They may have but I doubt it. Rev. Gibson: How long have they been on the police force? Capt. Doherty: I don't know, sir. I can't tell you that. Rev. Gibson: Ok, let's find that out, Mr. Andrews. Mr. Andrews: Do you want that information now? Rev. Gibson: Oh yeah! I want to make my case. Mr. Plummer: Captain Doherty, do I understand you correctly? Are you stating to this Commission that the source or the initial instigation of the re -invest- igation came to you from two individual policemen which you have named? Capt. Doherty: I would say it was at least four police officers had mentioned to me and I don't believe, if my recollection is correct that these two officers told me that on that particular date. I think .Lt was two or three days before that. On that particular date October 22 is when I asked Lieutenant Murphy if he had heard the same thing. He said he had also heard it. I said well we had better take this to Chief Garmire. Mr. Plummer: Let me ask the question in reverse. Are you indicating by your testimony that this investigation reopening did not come to you by a source of phone call or letter? Capt. Doherty: No, sir. Mr. Plummer: Thank you. Mayor Ferre: Let me ask you, Captain or Major Mc Laughlin either one, is it the standard operating procedure in the Police Department that if an officer asks for an investigation of a case that you automatically, the Chief would auto- matically order an investigation? Capt. Doherty: No, sir. This was quite unusual. Mayor Ferre: They have to establish grounds for that? In other words, if you got a petition by 30 policemen tomorrow to open up 30 different cases would you automatically open up 30 different cases? Capt. Doherty: I doubt that very much, sir. Mayor Ferre: Well who would make that decision? 57 NOV -71974 Capt. Doherty: Well in this particular case I was ordered by the Chief of Police on October 23rd to investigate the case. Mayor Ferre: Do you know why the Chief of Police, was there enough credence in this for him to, do you know what reasons he used to reopen this case? Capt. Doherty: No, sir, I think he was acting just on the information that was provided by thyself the previous day. Mayor Ferre: And did you recommend that it be opened? Capt. Doherty: I wasn't asked, I was said to stop everything you're doing and investigate this case and I did. Mayor Ferre: Well, it seems to me even though I hate to do it, I hate to ask Chief Garmire but I think the logic of it is since he made the decision... Capt. Doherty: I can probably answer, Mayor Mayor Ferret What basis did he have to reopen the case. Capt. Doherty: I can answer it but I'm going to try to avoid getting into the case itself. Mr. Plummer: Wait a minute. How can you answer a question for Garmire? Capt. Doherty: But you haven't heard the answer yet, sir. Let me try to save time. The allegations were that, the information provided the inquest on the death of Jeff Marshall was incorrect information; and if the correct information it might alter the judicial determination of the judge. This in my opinion is definitely serious enough to re -investigate. Rev. Gibson: Well isn't it true ... Ok, let me persue that a little. Mr. Lloyd, you handled that case, didn't you? Mr. Lloyd: Yes, sir. Rev. Gibson: Ok. Were you satisfied that according to your knowledge as an attorney you did all that was possible? Mr. Lloyd: Yes, sir. Rev. Gibson: Ok. You see what I'm trying to get the Commission to see is... We have to follow the chain of command and what is being done. Dog gone it, and if everybody is going to run the Police Department and everybody decides what he wants to do we really have serious problems and troubles, very very serious problems and troubles. And you know, ok, what I'm also saying to this Commission and the public: Here are two officers who are Davis' fellow workers. Now if they've been on this police force any considerable time - Man, I'm going to say something here today that nobody wants to say, hear me say it. If they had this kind of suspicion all along why didn't they come up and say it? I don't want you to answer that. I'm trying to put some light on for the public to think about. Ok. What really troubles me is that it wasn't until Davis started being queried by some individuals about the wrong doings and the wrong goings in the Police Department that everybody has decided they was going to put the heat on Davis and that you're even going to send a hearst up there to indicate to him this is what is going to happen to him. A form of intimidation. This troubles me world without end. And I say to the public this City is in damned bad shape when that kind of thing goes on by police officers. That's right. And it goes towards the gut of another thing that we've been talking about. It seems to me that Booze Allen wasn't too wrong in what Booze Allen was saying. And Mr. Andrews, again, one of the reasons I didn't want your department, you and your staff to do the investigating of the Police Department was I was afraid of just this kind of shenanigans, not of you, but I know human nature being what it is. We're in serious trouble. Let me end on this note hopefully, and I'm going to wait to find out how long those policemen, how long they've been here. I want to say for the public and I hope the news- papers will write this - they don't every write anything I say. But I want them to write this. I was particularly rejoicing the other day over what took place in those chambers. Let me explain why. I'm a native, 59 years of age. I've been back here pastoring the church I've pastored for 29 years. I'm in my 30th year, started October 1. I know something about the prejudices that went on in this town and some of the harms and hurts. And I thank God that 58 NOV - 71974 after 29 years back here I lived long enough to see white people come up; didn't deal with the issue as black/white but dealt with the issue on the basis of just sheer humanity. And you know what was very beautiful, and contrary to what the Miami Herald said, you know what was very beautiful? The four whites that testified were professionals. Two were television people. One was a white woman who was a lawyer and the other worked for the Florida Power and Light Company. I thought that this community yesterday went to a high water mark in its development. If four blacks had testified as they did then you know then we would have said well it was a black/white issue. But even those of us who didn't want the investigation had to admit there is :serious wrong doing. So the prophet Isiah said, and I want to preach the sermon since you all say I preach it and there's no better place to preach it than where you are. They that wait upon the Lord shall renew their strength. They should mount up with wings as eagles they shall run and not be buried and walkand not sink. said another thing. Oh Lord, our Lord, sometimes this load gets awfully heavy; and you can't wait. He says the Lord isn't going to send his day But our day is not his day now is his day our day. And I thank God that I lived long enough to see four whites, professionals whose character was beyond question testify uninhibited, unintimidated and for that we in this community ought to be eternally grateful. I'm really wondering and I hope when that record comes back here that I don't find out that they are rookies. Captain Doherty: No, sir. I've got that information. Rev. Gibson: All right, let me hear it. Capt. Doherty: Gerald Kuffner... came to work for the City of Miami 4/29/69 as a motor vehicle inspector. On 6/9/69 he came into the Miami Police Academy. Richard Kenny came on the Miami Police Department 2/17/69. Mayor Ferre: In other words after the incident. Capt. Doherty: What was the date of the incident? Mayor Ferre: January..69. Capt. Doherty: Yes, sir. Rev. Gibson: This is strange, isn't it? This is the unu,;ual. Mr. Plummer: Captain Doherty, I'm going to ask you again, are you telling me that the information about this did not come from a phone call or a letter? Capt. Doherty: Absolutely not. Mr. Plummer: Are you also telling me that it was on the strength of these two officers plus other rumors that you had heard that you started to look into this again? Capt. Doherty: No, I started looking into that under the direction of Chief Garmire. It was called to my attention by these two officers along with at least two or three others. It was brought to the attention of Lieutenant Murphy in charge of Internal Security. In other words.. our oath of office we had to take it to Chief Garmire. He made the decision that it be re -investigated and assigned. Sergeant Dix and myself. As I said before we should be finished tomorrow. Mr. Plummer: WE11, I hate to tell you but I've got two star witnesses. Ok. Mayor Ferre: Well, I'll tell you, and again I hope this is not misunderstood because Chief Garmire, if you noticed, he was here all day and I didn't call him once, Paul. And the reason I didn't want to call him is that the attorneys wanted to spare him any personal problems or aggrevation or embarrassments and I wanted to avoid this thing about a witch hunt or a personal vendetta and all of that so I really stayed away completely from even asking. Now in this case he was involved in the decision and I think e's going to have to tell us why on what basis he made the decision. NOw I uld be perfectly willing if you want to wait until after they've finished eir investigation because if they're going to proceed with criminal procedures which is what the State Attorney would have to do then that may, and I see Mr. Plunpner's point of view. We may not be able to go into this. But if on the other hand they do not proceed and the mat- ter is closed then we can ask the Chief to give us the logic of why he made that decision. I would be perfectly willing to meet some time next week. .... NOV -71974 Mr. Plummer: ...your thoughts, if you want to put it in the terms of not embarrassing him. May I suggest, Mr. Manager that you convey to the Chief the concern of the Come/salon and ask hie to reduce to writing why he chose to makes the decision that he did and if that does not satisfy us then we can call the Chief. I think that might be better. Mayor Ferre: That would be fine with me. I want to make very Sure that in his answer Rev. Gibson: Mr. Mayor, I want him... Mayor Ferre: Excuse me, Father. To address himself to the specific question that this is a case which has been closed for 5 years and that since the people who complained were not even on the police force when it occured, now did he, what proof did he have to base his opinion on. A11 right, Father. Rev. Gibson: Mr. Mayor, I think it is also fair since we're talking about the health safety and welfare of this city, Mr. Andrews, that you ask those two policemen to come and tell us why they asked that this be opened now. Mr. Andrews: All right. Mr. Plummer: They didn't. No, they did not. Rev. Gibson: Why did they bring it up? You see, if they didn't come up and say, you know that then they can go to the Chief because the Chief in all prob- ability wouldn't have done it. Maybe he wouldn't have known. I want to find out from them. They need to tell us why. What I's also implying, my brotheren on this Commission is this: That if an officer knows of a wrong doing and he lets it run for five years, five and a half years man, we're in trouble. We're in trouble. Mayor Ferre: In other words why didn't he bring it up before this. Rev. Gibson: Dog gone right, that's the point I'm making. Mayor Ferre: You see, it's not only the subject it's the timing of it. Rev. Gibson: That's the beauty thing. If I could get that out of them then I would have established all of my misapprehension, what I have. Mayor Ferre: Now I don't know either one of these officers but he said one of them was sick today. Capt. Doherty: Murphy is sick. Mayor Ferre: Well, could we perhaps get these two officers to come down here this afternoon? Capt. Doherty: I'll check to see where they are and if you want them here I'll order them here. Mr. Plummer: Copt. Doherty, in reference to this case how many other people are you investigating for possible involvement? Capt. Doherty: Two. Mr. Plummer: Ok, thank you. Mayor Ferre: You mean other cases. UNIDENTIFIED SPEAKER: No, same case. Mayor Ferro: Well, as you said our interest now is not the case itself but how it developed. So if you major, will let us know if these two officers are avail- able. You said there were four, you don't recall the other two? Capt. Doherty: It was told to me by at least four and I really don't know who told Lieutenant Murphy, I really don't know. But when they did tell me this they said they heard it as a rumor. I tried to persue the source of the rumor and a name of.... was mentioned but I could not get a direct link up. 5 Mayor Ferret Well actually the people who came into get the official re - quiet for the investigation were these two officers. Capt. Doherty: No, sit. Mr. Andrews: Excuse me, Capt. Doherty. Mr. Mayor and members of the Commis- sion, I didn't want to interrupt you but you'd better start so there's no misunderstanding, I see it a little differently than the Commission is under- standing with the way you received the information. Did these officers ask you to conduct any kind of investigation? Were these rumors, were they stories, did they come in and say this was factual. Tell the Continission at least one of the officers and in the other officers conversation with you, what your actions were after you had talked to Lieutenant Murphy, Sergeant Leesburg, what you did before you went to the Chief. Capt. Doherty: On the Tuesday, October 22 when it was brought to me by the fourth officer, I don't recall who it was, I made the continent to Lieutenant Murphy in Internal Security that I had never heard of this previous shooting. He said he didn't either but he had heard the sane rumor. So then I went to homocide, got the card that indicated that there was a shooting then researched the files and I made memorandum to Chief Garmire from Internal Security. Mr. Andrews: Excuse me, you made the memorandum on your own initiative. Capt. Doherty: Yes, sir because I was assigned to the Internal Review Section and I did not know whether these officers were bringing this up just to start problems or bring it out because of their concern. It may have been.... Mayor Ferre: A11 right. We have to ask you the question. You went in and discussed this with the Chief. Did you? Capt. Doherty: No, sir. I wrote a memorandum and I was called on the next morning. He said I got your memorandum and I want you and Sergeant Dixon to stop everything you're doing and re -investigate this case. Mayor Ferre: Was there a discussion between you and the Chief other than the memorandum you wrote? Capt. Doherty: No, sir, He said I want you to keep in close contact with the State Attorney's Office...the investigation. Mayor Ferre: But you did not have a conversation about it, about the details of it. Capt. Doherty: NO, sir. Mayor Ferre: Now let me ask you, did you in your memorandum stress the fact that there might be implications beyond the case that was involving the president of the community FBA and that there might be some connotations that should be carefully weighed? Capt. Doherty: Yes, sir. In fac•;. the one other comment the Chief made, he said this is very very sensitive and try to do it as objectively as possible. There was an implication there. Mayor Ferrer All right, I don't, so I'm not misunderstood, I'm not in any way implying that you did anything wrong because even if there are racial or other connotations I thihnk it is the duty of a sworn officer in your position to do your job regardless of who it affects and I recognize that and I'm in no way implying any wrong doing. Capt. Doherty: I didn't take it that way. I realize those obligations. Rev. Gibson: And let me make this final continent since I'm the guy raising these questions. I want you sir, and I want you sir, to understand that in no way am I concerned about the racial implications. I don't care. I think I have lived long enough in my life that race isn't really - I'm not up tight about race no more. You know what I mean? I'm concerned now about right and justice and humanity and that will wipe away any and all of the other things. I've lived long enough in my life and I want to make a little confession here and Mayor, you and Plummer and Reboso, you're all Roman Catholics, I'm making a confession, the priest as a layman. I've lived long enough, and Rose, while you might be Jewish you can still hear my confession. I've lived long enough • in my life, my brotheren that I think human nature, human beings, people are More important than the color of your skin. What I'm really concerned about in my life now is how are we in Miami, how we're going to live and get along. And I have come to the point that I'm willing to lay aside all of my prejudices and preconceived notions because I want to live in peace and harmony. And I think that that message of mine, it's consoling to me, I a1wajrs can be consol- ing.to others, and I'm disturbed that they get along even though it was 5 years ago. I have no objection to seeing Davis brought to justice. But what I really ant disturbed about is the timing on the part. Even if Davis is wrong the timing implies there's an awfully lot to be desired. I would hope gentlemen that as you are over or you have to deal with approximately 750 men that you would rem- ember the admonition of a prophet, an apostle of old. Pity yourselves like men. Yesterday morning when I gave the invocation I said "Lord, don't let us worry about our successes, teach us to be faithful to our. trusts." And that's where we are. If you're faithful to your trusts and all the others of us we can look any man in the eye and the color of a man's skin won't make no difference. Mayor Ferre: And I want to say on the record, and Father, I hope you forgive me but I want you to hear this. You're not going to like this but I'm want to say it anyway. And I know you're way up above and beyond any racial connotat- ions in this. But I want to make it on the record clear that it was not Father Gibson who happens to be Black that brought this matter up. I brought it up and the color of my akin is white, or at least tan. Ok? And I just wanted.... No, I don't mean to be a refrain just for you, I'm just saying that this is not a racial matter brought up by a black Commissioner on a black p3licemen, that I brought this up and I think everyone here is just as concerned. There is not anything that Gibson is all of a sudden bring out in the open. I just want to go on the record saying that and I want you to forgive me because I know you don't like that type of thing. A11 right. Now is there anything else that we have to do at this point on this matter. Capt. Doherty: I'm trying to locate those other two officers. Mayor Ferre: Well, as I understand it now from the clarification of Mr. Andrews unless Father wants them here. Do you want them here? Rev. Gibson: No, I'll wait. I'll rest my case until; I'm like Plummer now, until they have that other hearing. Mr. Andrews: I will get in writing then the answer from the Chief. Mayor Ferre: Thank you very much, Major, Captain. • • 30. OLD PORT PROPERTY DEVELOPMENT FOR PARK PURPOSES - REPORT OP EDWARD D. STONE. JR. - BICENTENNIAL PARK "PEOPLE MOVING SYSTEM", WATER TRANSPORTATION SYSTEM BETWEEN CITY PARKS: Mayor Perre: Will you please sit down. We are going to take up a tvo O'Clock item now. With our apologies, Mr. Stone, I hope you rec- ognize that we had a rather important matter before ua. So I think the thing to do is let's hear from the City Manager and then I want to make a oomment and then we'll get on with the presentation. Mr. Andrews. Mr. Andrews: Mr. Mayor and members of the Commission, some months ago after after a presentation by the Mayor and myself as the result of exploring the possibility of exchanging lands at F.E.C. and the port site there would have been a possibility of moving ahead rather quickly, was the hope that we could begin the development of the total Bi-Centennial Park. After that presentation was concluded a resolution was adopted which authorized the Manager to explore the feasibility of such a proposal by working with the county if necessary to see if there was some way for arranging the exchange of properties in such a manner that the operation carried out on the F.E.C. properties could be moved over to Dodge Island. The county has been working on this matter for several months. A report will be •sent to me shortly. I've been calling for almost three weeks practically on a daily basis making a pest of myself either talking to Ray Goode or John Mc Cue. They have given me the substance of their findings which they are including in their report. I do not have the report before me but I have gained enough knowledge from speaking to botL of them as to the contents of that report which I want to touch on becuase I have a reco- mmendation that follows that. They've informed me that the develop- ment of Lummus Island is feasible for the relocation of the F.E.C. operation. Without specifying all of the details of exactly how F.E.C. would operate on the private portion of the total island which will become governmental when it is developed, the difficulty is that the financing, the development of Lummus Island for use for port purposes is five to six years away. In other words you cannot even think in terms of the development until sufficient time has passed to obtain the bonding capacity they need in order to begin this major expansion. And then if you consider, and I'm adding this to that - that's a point of beginning - so from this point on is my assumption that if you then have the authority to go ahead with financing you night have plans drawn and gamble that you could have plans drawn but certainly you couldn't go ahead with construction until you got the financing. So with that kind of marine construction and the final- ization of plans and moving over, another two years could go y so we're talking in a time frame of eight years. Now whether that is a viable plan or not - 8 years away- I cannot in good conscience con- tinue with my recommendation that we do this and that with the pres- entation that Mr. Stone is going to make which I'll have a recom- mendation after that, and that is that we proceed now as rapidly as possible hoping that you'll change the financing of, the reservation of funds as you've established them so that we can move ahead with the development as quickly as possible of the commercial docks prop- erty of Hi -Centennial Park. INAUDIBLE Mayor Ferret I'm going to cover it in a moment because what he is saying is that he is changing his recommendation so at this time I want to make the following Mrs. Gordon: You're changing your recommendation as to the trade, is that what you're saying? Mayor Ferrel: Yes, and so am I and I want to talk to that in a moment but I want to wait until Plummer gets hers. So we will wait. In the meantime, Mr. Stone, I had asked you to make a line drawing of the general area from Pace Park to.. Do you have that? Would you place that before the Commission for a second before you start your present= ation so we can see it. Ladies and gentlemen, as you know six months ago or actually a little bit longer than that Mr. Andrews and I became LAvolvad in a series of discussions with Mr. Bali and the F.E.C. on 60 NOV •71974 the possible exchange of property so that we could move ahead quickly and have the total amount of water front available to us even though we would have to give up other properties along the boulevard. Unfortunately, the whole matter event- ually boiled down to the necessity as established by Mr. Ball of trading property so that the F.B.C. would maintain a deep water industrial port. The only way that could be &One was with the concurrence and the cooperation of Metropolitan Dade County. Now Mr. Ray Goodefand a series of citizens have been meeting on this anC the conclusion is that because of the Dodge Island bond holders there seems to be some concern about the strength of their bonds if a private port is injected into the midst of all of this. So because of that it is obvious now that we're not going to be able to trade land. So there is no use pursuing the matter which obviously de facto at this point is a dead issue because Mr. Ball will not change in that position. Now in the meantime, as you know, we have to t31k about that today, I hope= the F.E.C. has gone as far as the Supreme Court and has reversed our position and the property that they own is being filled and will be bulkheaded. Now it has come to my attention through other sources that one of the major tenants there, I think it is TMT, has recently been sold or is in the midst of being sold and they plan to substantially expand that industrial port project. I'm distressed. I think that is a sad, sad situation and that is what I was hoping to avoid. What the people of Metropolitan Dade County don't realize is that it is not a question as to whether or not there is going to be a port, the question is a private port, the question is where will the private port be. Because of our inability through Metro to get this thing off the ground - and I'm going to say it just like it is - now we will have to live with a monstrosity right in the midst of downtown. I am hoping, and I think this Commission should address itself, and I hope to come back to this Commission with positive steps where we can do some perhaps some legal do- ing here in the Commission where we can either restrict or at least control to a great degree the type of activity that goes on in the F.E.C. property. In the meantime, now I'm getting to the point, I think it is essential that we move ahead. As I stated several weeks ago before this Commission I'm totally opposed to doing anything temporarily at the old port site. I think that would be a very very bad move because temporary things end up becoming permanent :In the City of Miami. Now, a group of business and community leaders have met on this whole item on several occasions. I have been in some of the meetings and most of the meetings I have not been present. One of the things that they are deeply concerned about is the fact that we have not moved ahead sufficiently and not due to the fault of the Downtown Development Authority or the City of Miami, but a whole series of circumstances that prevent us from moving forcefully ahead and really making out of the care city a dramatic improvement. Now, it seems apparent from other sim- ilar cities that the only way this can get off the ground iE with a joing private public cooperation. Now a group of us traveled to Atlanta last week to look and see what Atlanta had done at both the Omni project and the Peach Tree Center, and Trademart, and we were very impressed by the relationship between the private sector and government. One of the things that was presented was an action in the Bi-Omni and the City of Norfolk, Virginia where the government and the pri- vate sector have cooperated and one of the keys to it, one of the basic keys to it is the transportation. One of the reasons why we have these parks that are not used by people is that they are inaccessible other than by automobile. And it became very apparent to me that one of the solutions that we really have to come up with, and in this there is going to be a major move by the Chamber of Commerce and various sectors of the private community is that we have to find a way of tying together these green areas so that people will be able to enjoy them and they will be accessible to people. Now the City of Norfolk has con- tracted with Westinghouse through Omni and they have for $20,000,000 come up with a mile and a half of what they call a people mover. What it really is is a car similar to the one that you may have seen in Tampa at the airport. And what it does without any man running it, it shuttles back and forth between one or several points. Now I think that since, and I'm glad to see Dr. Dyer here... Since the private sector would be beneficiaries of this along with the private sector I think it would be appropriate for the Chamber of Commerce, the Downtown Development Authority and Metropolitan Dade County especially - now that we haven't been able to work out this other thing maybe you can make up for it, Dr. Dyer by helping us on this, have the Kaiser Engineers in their final report or in their preliminary report which comes up in March, T think as to routes and location; I understand that the direction that that rapid transit report is taking is that there will be one major station in downtown and they are not too sure as to whether there will be a second station at the junior college but it looks like they are leaning in that direction. tether it is one or two obviously that will not solve the problem of mobility in the downtown area. Now, Paul Andrews had what I thought was a very brillant idea of using the work done by another government, and this is in another government building - in other words taking what has already been done from somebody else and not going through the expense of designing or own and getting right to it. I think, Dr. Dyer that one NOV -71974 s • of the things that Kaiser could study for us is a north -south people mover system that would tie together Pace Park, Bi-Centennial Park and Bay Front Park and that perhaps we might even go all the way down to Claughton Island and Plaza Venetia which would be the Omni project and then follow up on Lucius Williams' idea of putting in these taxing districts the way Calif- ornia has done which 1 hope he'll be explaining to the Commission pretty soon. But unless, but if we're not able to do that Lucius, that the County from their bond issue would give us some basic seed money, Doctor, the county would give us some money that we could probably get some money from the State and already, I think several members of the business community have been talking to the governor about this, that we could get some state funding, we could get some county funding and perhaps the City might be able to fund it too but that a portion of it, and you would have to come back with a recommendation, would be paid for by the private sector who would be bene- ficiaries Of this type of a system, a tie-in system. In other words if Jordan Marsh and the Jefferson Store and the Plaza Venetia People are bene- ficaries of this as are the property owners along let's say Biscayne Boule- vard and Ball Point and the Du Pont Plaza. And for example, the Claughton Island Who is tied into its that they would pay their portion of it and then we would tie in all of these green areas and the commercial areas and an off shoot of that might be for us to go across to Watson Island on the Bay side and perhaps along either the junior college or the Flagler access which I know is something that you have been thinking about, Dr. Dyer. So this, from the reports and I have spent some time reading those reports from Kaiser Engineering and that is one of the things they're thinking abcut is this secondary people -mover system. Now how does all of this tie in and why am I bring it out at this time? Well, it is my opinion that we should immediately move forward since we do have $25,000,000 available and I have asked the Law Department to give me a memorandum which they have done stating that the moneys that thi people passed in a bond issue for Bay Front Park could be used for either the purchase of property of improvements which technically means according to council, that that money can be used for improvements to Bay Front. Now there are a couple of things that I think could come out of this. (1) Would you help me with the pen, Dave, and show,... (1) you know we've always had a lot of complaints about the bandshell which is down at the south end of Bayfront Park and it was Mr. Stone's idea that we make that in the green area and we have a very serious problem in a cul-de-sac which is right at the corner of Miamarina and where Bayfront meets, that we straighten that out by continuing that on a straight line even though it might be jagged but we elim- inate that cul-de-sac and since we have parking and certain activities in that area that that might be the perfect place to put the bandshell, a new modern up-to-date accoustically good bandshell. That is one idea. The second idea would be, in the meantime while the rapid transit system was being studied and maybe implemented, that we the City might undertake - and this we couldn't do with bond money but I think we could find other sources to do this, a hydra - foil water moving plan where we would tie together Watson Island, Pace Park, the Old Port, Mianarina down to the river and then around and back again. And I've asked somebody to give me an estimate as to what that would cost and the timing of it and I think that could be done rather inexpensively and the round trip would never take more than 10 to 15 minutes so that is somebody wanted to for example take it at Ball Point and go up for lunch, once we get the port fixed they could do that very easily and be back; have lunch or walk around the new park and then cone back and be back at their office in an hour or an hour and a half. In this way we would have an immediate way of tying down all of these parks. Now the eventual solution, the eventual benefits of this is that we could,since we have, and I asked the Manager to give me the specifics, 362. acres of park property along the bay including Watson Island and picnic islands on Biscayne Bay and 42 acres of property along the Miami River that once we got our people moving system into affect, if we were able to accomplish that that then the water transportation portion of it could go all the way down from Bayfront Park in Coconut Grove and maybe stop here at the marina, go over to Vizcaya or Wainright Park, continue up to these parks and come back so there would be a fifteen or twenty minute trip back and forth that would be available to the citizens of Miami. I might point out that if it were the will of this Commission once we designed what we wanted we might put it out to bid and therefore we could accomplish this again with the private sector so that would be a joint public -private involvement that we could get something dramatic moving. Now, my final point: I would certainly hope that we could today make a decision to take a portion of our $25,000,000 or at least authorize that a full study be done and the administration to come back to move fully ahead in the improvements in the old port. I would hope that by the time that they came back that we would also have this water transpor- tation, a preliminary proposal on that and secondarily that we might have a final conclusion from Metropolitan Dade County as to where their museum is going to go and should they decide as they did before to ask us for Watson 62 NOV - 71974 Island or a portion of it that we then jointly between Metropolitan Dade County and the City of Miami along with the transportation system tying in its first leg old Port which is Bi-Centennial Park, Watson Island end Bay Front Park. I think we could probably do that. That would be the least expensive portion of it; tie them together from the transportation way so that we could get going with our historic village, a museum over on Watson Island, a new development of the Old Port for Bi-Centennial Park, cleaning up and improvements of Bay Front Park. Now this was a presentation which I basically made last Saturday at the Bi-Centennial Meeting and unfortunately it was not completely covered at that meeting and with all due respects to the Miami Herald, Ron wasn't there or it would have been properly reported, but I think there was some confusion and it wasn't completely reported accur- ately the way I said it. But now today I've made my statement.... Mrs. Gordon: You didn't make it very clear, what kind of transportation are you talking about? Mayor Ferrel A two fold, I'm saying that we start off with a hydra -foil or a rapid boat type like they have in the lakes in Switzerland or along the Italian Riviera and the French Riviera that move rather quickly and would make about four or five stops along the various parks. It would stop at Watson Island, Pace Park, Bi-Centennial Park, Dodge Island -the port, Bay Front Park and someplace on the river and then return and do the same thing. Eventually it would be expanded to go all the way down along the bay shore of the City of Miami touching on all of our major parks including Dinner Key Marina and Coconut Grove Park. That is one separate thing. The second item would be in conjunction with Kaiser Engineers and Metropolitan Dade County a people mover similar to the one that Westinghouse is now building for three different cities. One that we saw is being built in Norfolk, Virginia for $20,000,000 for a mile and a half. And if we could do thzt or study the possibility of doing it in conjunction with the county and the private sector I could invision that in three of four years we would have a people mover on a north verticle line and I might say that Pace Park, from Pace Park to Claughton Island is exactly, just slightly over a mile and a half. That would eventually.... And now draw one going west along Flagler Street in that direction and now draw one going along the bridge over to Watson Island parelling the bridge. All right. That would eventually be the people... Now this of course needs a tremendous amount of study and Kaiser Engineering would be the people that in my opinion should do this as part of their over- all responsibility to Metro. Mrs. Gordon: Mr. Mayor, can I ask you a couple of questions? May we have some equal time? Mayor Ferre: Absolutly. Mrs. Gordon: All right. First of all, the water transport type of system whether it be as diagrammed or some other type is part of Mr. Stone's orig- inal idea Mayor Ferre: Now Rose, I want to say that I don't want to take any credit. I don't want to take any credit for anything. Mrs. Gordon: I just want to know if you are offering us something that is we haven't heard of. Mayor Ferre: No. Nothing of this is new. Nothing, it is all old hack and it's... Everything is everybody else's ideas. I take no personal credit on the record. Well, I think you do and I want to make sure that it is on the record that I don't take any credit for any of this. Ok? So don't worry about it. Mrs. Gordon: Alright. The kind of vehicle or transporation system that you've suggested, I'm not familar with. I can't offer no opinion about it. But I wonder if the rapidity of the type of transportation is the important factor or just the factor of having some kind of a transportation system and I'a not going to belabor the point because in a barge system or a rapid system on the water, I don't think is a point we're going to discuss right now. However, the barge type system in San Antonio is not only a means of transportation but it is a thing of beauty and it's a thing that tourists use and it is an asset from two points of view. So I'm going to drop that point right there but with regard to your overall concept of what you're discussing, I'm sure that you're not implying that the money that is set aside for the F.E.C. land purchase be set aside and used for something else. You're not saying that, are you? 63 NOV-71974 Mayor Ferret We're going to get to that in a little while but when the time COMee 1 am Baying that out of that $24,000,000 that we- use a portion of that immediately to Start developing the old port. Yes, I am. I'm saying exactly that. Mre. Gordon: But you're not saying anything about dropping the condemnation. Mayor ?erre: Oh no, I think we have got to continue with these condemnation suits and hopefully eventually get that property even though it ma} cost us thirty of forty million dollars. Mrs. Gordon: I've heard that one before. Ok. Mayor Perre: You're going to hear it again. Mrs. Gordon: I don't want to take up anymore time. Does anyone else have any questions they want to ask? Mr. Plummer: No, let's hear from Stone. Mr. Edward Durrell Stone, Jr.: Thank you. This is a brief progress report on where we are in the planning of the old port site in response to some quest- ions that came from the City Manager's Office. We have evaluated the time necessary to complete our work on the project and to construct the park. We feel that it can be designed and completed within 14 months. So as we go through it we will be happy to answer any questions. I wonder if we could have the lights out for a moment. We a very brief slide show and then we can have any detailed discussion. If you'll bear with me I'm going to quickly retrace the... On the right hand screen is the master plan that was accepted by the Commission subsequently there have been, we've made some minor modifi- cations due to certain ... The first plan on the left was the original proposal which was subsequently rejected for a couple of reasons. (1) There was an extension of the bulkhead line on the eastern side that was felt to be a bit ambitious. There was parking provided up at the north end and there was the historic village and some other site improvements in the F.E.C. property. It was felt by the Commission that this was in all liklihood too ambitious so the plan on the right was developed and I think it represents a very success- ful synthesis of all the ideas that the Commission had together with our own. There have been a couple of subsequent minor modifications primarily the bulk- head line at the south of the... The bulkhead line of existing Bay Front Park and the bulkhead line at the south side of the Old Port Site has been substant- ially modified. We were then commissioned or requested to wort with the City on developing a specific proposal for the Old Port Site that would be compat- ible with the F.E.C. site should the City acquire it or be able to stand in- dependently should the F.E.C. site not be acquired so it has a flexibility of being independent or operating cooperatively with the property to the south. There has been another modification which is alteration of the plan at the extreme south end at ball point. One thing that we would hope that the City is able to achieve is a continuation of the promenade along the bay front and a link up with the Mimi River Parkway System. This is the illustrious site plan of the Old Port Site illustrating, it is hard to read unfortunately, the modifications and configurations of the terrain but there are two large play meadows surrounded by earthen bermes and mounds which are extensively planted so that once you're within the park you have a sense of being apart and away from the expressway system to the north and Biscayne Boulevard to the west. One of the primary features of the plan is a large entrance plaza and water feature which would be the gateway to the downtown visitors approaching both from the north and on the expressway. It would have water falls in a rather sculptured way so that it would symbolize the new kind of urban center of the downtown area. This is a perspective view of that. These are early studies. They have not been refined in great detail but you get a sense of a tree shaded plaza with this continuous waterfall which is around it. You would enter into the park through a gap in the waterfall so that you get a continuous experience of excitement as you enter the park. The pumping station which exists there now would also become the parks maintenance headquarters. It would be screened from the street and from the park again with earth bermes. We were very for- tunate in having the City negotiate with the corps of engineers that all of that excess fill dredged from the turning basin has been utilized here and we have this fill so that we can use it both for practical visual purposes but also for ornamental creation of rather dramatic earth forms. This illustrates the Smaller of the play meadows within the park linked throughout with a system of pathways with intervals where people can sit down, relax, have picnics. The center areas are large enough to accomodate informal touch football games, 64 NOV -7 1974 • baseball, etc. We also had hoped as is illustrated in this particular Picture to be able to place large outdoor sculptures. This happens to be a borporate headquarters we designed some time ago up in the New York area. The use of large outdoor sculpture throughout the park we felt would be both an exciting visual experience and also educational for people using the park. There are specific picnic groves developed within certain areas and I think one thing that we've felt strongly about, I'll come to that in a moment, this is an illustration of some of the activities that can take place within the park, a fishing lagoon there now that we've modified that we will modify that shore line so that fish habitats are created this illustrates again some of the earth forma, opportunities for both pedestrians and bicyclists to use the park. This is the overlook which we feel provides unique views down Govern- ment Cut. It could also serve as a small informal amphitheater hopefully to serve the needs of the downtown junior college group. The views out there to the Chalk operation, to the ship channel is really quite exciting and you get a sense of real elevation. This would be some 35 feet in the air. This is an area that has been designated, it is one of the few areas where visiting vessels can come to tie up and invite visitors aboard. The Navy for example, has submarines, destroyers and the British are frequently in training missions in this area. It is quite an interesting experience for people. Also the Eagle periodically comes down here. This would be a temporary facility. It would not require a lot of expensive provisions and this would be a mooring area for transient boats of interest to the community. This would be as we said, a tourist attraction. One of theimportant things that we have been trying to strive for is a continuous link as the Mayor suggested between all of the parks. We have the barrier of the Julia Tuttle expressway coming through there so this provides for both, excuse me, Mac Arthur Expressway.. This pro- vides for both pedestrian and bicycle access over the service and under the expressway. There is an alternate to this routing that was suggested by Mr. Grimm which would be off shore although we think that may have some problems too. But we'll explore both of these as we go into the next level of our efforts. This shows you where we are in our work to date. The layout plans are substantially complete. The grading plan is in sufficient shapes so that I feel we could get the tree bank in it that has been suggested in its final location. And I believe we could be in a position where we could advertise for bids for the major earth work in less than 30 days. One of the factors that was brought up by the Commission at an earlier date is that they would like the park extremely well lit both from an aesthetic point of view and also to encouiage nighttime use. So we have gone through a very thorough preliminary lighting study. Preliminary details on the seawall and other construction have also been completed and are ready to go forward into the next, into con- tract documents. Preliminary utility layouts have been completed as have the planting plans. There again is the overall plan of the park. Mrs. Gordon: Mr. Stone, how many structures, I couldn't tell from your pres- entation, were you planning that we construct within that 37 acre area? Any? Mr. Stone: There are no buildings perse other than restrooms. Mrs. Gordon: That's fine. Mr. Stone: We would like to make an additional proposal, however, if I might suggest it in conjunction with ... At o:e time we had all thought about the waterborne transportation system. That had fallen into disfavor and is now, I think the Mayor's suggestion that we re -institute it is a very valuable one... Mrs. Gordon: When did it fall into disfavor? I don't ever remember that. Mr. Stone: Well, it didn't seem to gain much Mrs. Gordon: Wasn't it in the plan the City Commission approved at the time we had the hearing in Bay Front Auditorium? Your water terminal was. I recall distinctly Mayor Kennedy was the Mayor at the time. Mr. Stone: Right. I guess it was approved but I don't know whether; I may have dropped the ball. I'll put it that way. Mrs. Gordon: But wasn't it in your final plans? Mr. Stone: Certainly the provisions were there for it. Yes, ma'am. Mrs. Gordon: Yes, I know it was. Thank you. 65 O V 7 1974 Mr. Stone: T'he only thing that was not provided for, seems to me that if we did have a waterborne terminal we would need a ticketing facility and it seems to me be should have a small food service facility with a potential for out - deer dining at a landing stage which is not illustrated on these plans but Which could easily be added. Ars. Gotdons May I ask you a question with regard to the old bandshell which you're sort of talking about vacating? What is your thinking on the following type of proposal? That all those benches be removed from that area that that area be beautified with outdoor carpeting, if you please, to cover that con- crete, that tables and chairs and covered umbrellas and that sort of thing take place there and that the bandshell itself be used for some kind of either enter- tainment purposes to entertain tourists and so forth in that downtown area and also with regard to serving food in the park. I have to ask our attorney, Mr. Lloyd, are we permitted under our current ordinances to concession facilities for serving food in our parks system now? Mr. Lloyd: This is so provided that they are incidental to the park use. Mrs. Gordon: Well is it possible then in the old bandshell that that band - shell or some portion close to it or a part of it or whatever could be used for an outdoor cafe sort of arrangement? In other words, I don't see a need to destroy something that we have that has a possibility for being a tourist attraction and a people attraction. And to bring people downtown you have to have something for them to do in the park. Mr. Stone: May I respond to that, Mrs. Gordon? Dave, would you be kind enough to point out? We had made provisions for outdoor dining and a new bandshell elsewhere on the site in this plan that was approved by the Commission. Now with the private development of Ball Point I really don't have an answer to your question. Certainly we should explore that possibility. Mrs. Gordon: I would like to see it further down near Flagler because that is where the shoppers are walking and that is where they could go and relax. And I bring this to you as a thought, not as a.. Mr. Stone: I think we certainly should take a look at it as we go forward... Mrs. Gordon: I would mention that it is not an original idea of mine either. I claim no ownership but Lester Freidman of the Chamber and I discussed this and we both concluded that it was a very good move to give people something to do downtown in the park. Mr. Stone: We had felt exactly the same emotion but just suggested a slightly different location for it. That's all. But I will take that under Mrs. Gordon: Ok. Mayor Ferre: All right, you want to say something else? Mrs. Gordon: I have a question of cost. What would it in your, can you deter- mine or has Mr. Andrews determined what the cost will be to beautify the 37 acres of the Old Port Site as Mr. Stone has outlined it now? Mr. Stone: Yes. We have an estimate of between 3.7 million and about 4.3 million to do the entire work. That sounds estremely expensive but there are a couple of considerations... Mayor Ferre: How much did you say? Mr. Stone: Between 3.7 and 4 Mrs. Gordon: Without any construction? Mr. Stone: Yes, Ma'am. There is a substantial amount of money involved in seawailing improvement. The port both on the south side and on the bay side, there is a substantial amount of capping of the seawall required to get it up to acceptable standards and the basic utilities system costs a great deal of money. Mayor Ferre: Mr. STone, how much... Could we get some lights on now? Are you finished with your visual there? 66 NOV -71974 Mt. Stone: gyres, sir. I have saps that we can refer to. Mayor Ferre: A11 right, now here is what I would like to ask you now. I'm not ansueming that we're going to loose the F.H.C. property because we're going to keep on going into court to try to get that. If by any chance we are unsuccess- ful in the next 5 or 10 years, let me ask you what did you have proposed in the rase. park portion that you would like to move into the Hi -Centennial, if any- thing? Mr. Stone: I think eons of the boating activities, some of the opportunities for boating tie ups. I do think that we need a food service operation at the north end of the park. We had had mere water involvement. Dave, could we get the Master plan in here? Those would be the most critical activities, Mr. Mayor. Mr. Reboso: How much money would be that? Mayor Ferre: For the whole thing, if we were to say proceed and design to have a finished park, everything included how much in your opinion would it cost? We won't hold you to this. Mr. Andrews: Is this the north and the south? Mayor Ferre: NO, just the north end and then I'm going to ask you for the im- provements in Bay Front Park. Mr. Stone: As I said, as I understand it today, I think it would be between 3.7 and 4.2 and there have been some changes Mayor Ferre: Does that include the waterfalls? Mr. Stone: Yes, sir. That includes the entire thing. Mayor Ferre: And the entrance and the bermes and the trees and the whole thing? Mr. Stones The whole thing, sir. There are two factors in the construction industry right now. Some of them arguing for increased cost and some mitigat- ing costs. Rev. Gibson: So what are we talking about, $5,000,000? Mr. Stone: NO, sir. We have... The F.ark has been designed so that... Now, sir. I would like to be able to present a re -estimate at this, within the next week or so but my feeling is that the 4.2 would be the upper limit. We can make it happen. The park is designed so that that can be accomodated, sir. Mrs. Gordon: What did you say would be the upper... Mayor Ferre: 4.2 Mr. Stone: 4.2. Mrs. Gordon: And that still doesn't include any buildings or structures? Mr. Stone: That would include the modest structures that we're speaking about, Mrs. Gordon. Mayor Ferre: That would not include a restaurant... Mr. Stone: That would not include a full major restaurant, no, sir. Mayor Ferre: I'll tell you and I want to express my personal Mrs. Gordon: I don't think we need another major restaurant, do you? Mayor Ferre: I want to express my opinion and you can express your opinion and I'll recognize you to do so in a moment. It is my opinion, my fellow Commissioners, that we need in the norther park which would be called Bi- Centennial Park some more waterborne type of activities as Mr. Stone has recommended. I wuld recommend that we have not a full-fledged restaurant but some eating facilities. It might be an outside cafe, a place where you could stop and buy a hot dog or a humburger or ice cream done in accordance with the general plan. And I would also like to recommend that in the area called recreation meadow which is where you could fit three football fields, is that 67 Nov - 71974 s right/ That we have one play area specifically designated for either football or soccer or some athletic event so that the kids can go down there and play Soccer or something. Those are the only three changes that I would, this is a personal opinion of mine. Because, and I want to say this very respectfully. I don't want to create any wrong illusions. But sometimes and this is not just true of Miami - it is true in Many parks throughout the country; that parks do nothing more than attract panhandlers, derelicts and undesirables and if you're going to put berries, follow me, and put bermes where it is going to be very hard for a policeman who is riding in a car or a motorcycle to see through that park and there is a lot of places where somebody can be hiding or a criminal activity could be going on that it would be without the view of the police or police pro- tection I think the best protection against that is to have parks where people use them. Now I submit to you; Paul, this is a crucial point. I submit to you that we, in my opinion, don't need any more, and I'll cay this emphatically, we don't heed any more Bayfront Parks the way Bay Front Park is today in down- town Miami. What we need is a different type of park, a used park and frankly I think it is essential that we put things such as an outdoor cafe and a playing field and boating activity so that people will be going there for a purpose. Mr. Andrews: Mr. Mayor and members of the Commission, I've asked Mr. Stone to take into consideration insofar as an outdoor cafe is to design something that would be unique in that we would provide the open basic facilities which might include some form, I'm going to use my imagination now, umbrellas or other shade areas where people can sit and eat. But these specific facilities for vending I'll say hotdogs, hamburgers, Latin-American foods could be done by concession through some very interesting kind of carts that we would specify and we would put out under concession for periods of time so that we could control them and know what is coming into the park. Mrs. Gordon: I have an idea that's always been a dream of mine and we've al- ready started moving in that direction. I would love to see this park, this Bi-Centennial Park be a Bi-Centennial International Park. I would like to see this be a place where you could buy not only, as you mentioned, hotdogs but perhaps some food specialties of other countries around the world and perhaps you can design something that would be fitting and this could be a permanent kind of attraction. This is the kind of thing that people will come down to the Bay front to partake. And with all due respects to the ball field, I would like to see the ball field away from the bay front because the kids don't care where they play ball but this kind of a view is very important to bring the tourists and this definitely would be a tourist attraction - no question about it. Mayor Ferre: I would agree with that. I think that if we were to have but that requires a facility. That requires some type and not just little carts. I think you're going to have to have some kind of a structure to do that in whether it is a restaurant or an outdoor cafe or what have you. But I think that that is one thing that we ought to take into consideration. Mrs. Gordon: I don't want big buildings though. I would like to see a small structure, unique characteristic perhaps with the county it is going to be.... Mayor Ferre: All right, call it anything you want, small buildings. Mrs. Gordon: Yes, but not big structures, not a lot of massive concrete. Mayor Ferre: Make it out of wood, I could care less. The thing is that we have a structure there. Rev. Gibson: You know the thing that has really enlivened my imagination is the International Folk Festival that we have each year and it would appear to me that we could; you, Mr. Mayor, what you and Rose are talking about, with that in mind, a great thing is to see all of these traditions at that time of the year down there. Now Morty Friedman, all right. And it would seem to me that that would make us different and yet would make us so similar. You know? Because this is an international, whether we like it or not it is an inter- national city and intercultural. Mayor Ferre: But you can't do that, Father in a flat green park. You've got to put up the facility where you can keep in a refrigerator, you need the cook- ing facilities. Even if it is catered it has to be warmed someplace. You have to have something there, you know. You can't have something with nothing. What I'm saying is that we must have some kind of a restaurant, outdoor cafe or what have you type of a structure there. And I think we ought to have in 68 NOV - 71974 that same structure bicycle rentals. Perhaps at the corner we could have boat rentals. But the type of things that would bring people. I don't want this to be a park for pidgeons. We've gpt a big park for pidgeons. That's enough. Mr. Stone: May I make one observation about Mrs. Gordon and Cannon Gibson's coadents? One of the reasons that we had discussed a rather low keyed food service facility, Paul had suggested this cart system, .... Mrs. Gordon: I like the cart system, yes. Mr. Stone: If you end up with a major restaurant up there you end up having to service it with cars and we .didn't want parking in the Mrs. Gordon: I don't want to make a restaurant. Mr. Stone: Ok. But to get into an elaborate food service operation Mrs. Gordon: I don't want that, sir Rev. Gibson: We'd have competition with our restaurant Mr. Plummer: That's just the point I was going to bring up, I've been wait- ing to bring up. You know, aren't we really on somewhat of a dilema, Paul? You know we have a restaurant that is existing in the park today on City owned property. Now you know, I can imagine and I think somewhat rightfully so those people coming in here screaming saying, "Hey, you're putting compet- ition in against me." Now this is the point I'm trying to make. You know we're paying mighty dear, prices, for park land and if you go to filling them back up... You know, Mr. Stone, the one thing I wanted to scream at you with before, obviously you weren't around when this city proposed to put something out on stilts before and boy, let me tell you something. The voters said overwhelmingly - don't do it! That's right. And one of the strongest arguments used against it was don't encroach on the bay. Now here we are talking about going contrary to what the voters said. Mayor Ferre: All right, now look. Let me express my opinion because obviously I don't mean to say that we put up a two or three story big mammoth building. I'm not talking about a restaurant where automobiles pull up and you have three hundred cars to park. That's not what I'm talking about. Now Paul and I the other day went to Atlanta to this Atlanta Underground and .... All right then let's take San Antonio which you happen to like, or if you don't like that then let's take Bourbon Street or the Latin Quarter in New Orleans. Will yott accept that one? Now that's one place where there isn't one, there's 500 places one after the other and all I'm saying is that I see no reason why we can't put small facilities, walk in facilities, not park not drive a car but the type of small structure as I've seen in places like San Diego in the park area where people can walk in and have a beer and a pizza or have something like that. That is what I'm talking about. Mr. Plummer: Well, aren't we really talking about something that can be talked aside and separate from the park? Mr. Stone: May I make a suggestion? Mr. Plummer: The way we're going here Rose has her carts, Maurice has got his restaurant and J.L. is trying to forget about the whole thing. Now, what I want to do is this. If we can get down to some nitty-gritty, you're talking some figures. What is the difference in your estimation if we took without all of this super beautiful elevation and just flattened which Florida happens to be and build up what you're proposing there without all the mounds of dirt with all the different elevations, what would be the difference in price? 6 Mr. Stone: I can't answer that at this moment, sir. Mr. Plummer: deli, I think you'd better because when you're talking $4,000,000 just for improvements Mayor ?erre: J.L., then youend up with another Bay Front Park and that's Mr. Plummer: Not necessarily. Mayor Ferrel I don't want another of these ugly flat parks where people don't even go to them. Let's get something that's beautiful that we can be proud ef, that people will come from all over the community to be involved in. 69 Nov - 71974 Mr. P1UMMet: Maurice, i don't have to remind you that money is tight. Mayor Ferret And I'm saying that this money i• already available from the mid issue. Mr. Plulert It's not burning a hole in my pocket. Vice -Mayor Reboso: When did we approve this plan, Mr. Mayor. Mr. Plummer: We approved this approximately three years ago. Vice -Mayor Reboso: Three years ago, no, I don't think so. It was less than that. Mrs. Gordon: 1972 the bond issue passed. Vice -Mayor Reboso: When did we approve the plan? Mayor Ferre: You know we can find ten reasons for every issue as to why we don't Want to do it. And I want to tell you that this is why this has to be one of the lousiest cities in getting things accomplished. We never do any- thing because all we do is argue about things and when we finish arguing we have another study made and then we argue some more and we never accomplish anything. Mrs. GordOnt Paul, a couple of weeks ago when I questioned you about getting these ugly mounds of dirt to look like they might belong to a park instead of a dump as I. Was quoted, you quoted something like113,000 as what you needed. What did yOU need that little bit of money for compared to four million? Mr. Andrews: That was to grade off all the area, smooth it out and begin to put some trees in. Mrs. Gordon: And no grass and no..? Mr. Andrews: Well no, that was just to take care of getting the place cleaned up and beginning to dig some holes to put some trees in at the north end and so forth. Mr. Stone has a contouring plan which we could follow and continue to do that. But the contouring and leveling and preparation of soil and everything will cost a hundred thousand dollars, a hundred and fifty thousand dollars. Mrs. Gordon: WE11, let's do it That's not four million. Mayor Ferre: Pour million dollars by the time, if you're going to do it - do it well. Let's not get into these junky Mr. Andrews: Electrical, water, bulkheading, walkways, everything that goes into it, it does come to $4,000,000 if you're going to do something like Mayor Ferre: Mr. Reboso? Vice -Mayor Raboso: This plan was approved September 21, 1972. That was more than two years ago and I for one think we should move ahead and start the con- struction of the park. We have the money. Can we use the money from the bond issue? Mr. Andrews: Oh yes, sir. That's what it is for. Mrs. Gorden.: Is that theplanthat was approved in 1972 that you're asking us to implement now? Vice -Mayor Raboso: That's right, September 21, 1972. Mayor Ferre: Alright, we have a motion on the floor. Is there a second to the motion? Vice -Mayor Reboso: The motion is that we move in principal to begin this park based on the break down that Mr. Stone is going to supply us.. Mr. Plummer: Oh, you mean let him give prices and things of that nature? Vice -Mayor Reboso: WE1I, we know it is in the neighborhood of $4,000,000 between 3.7 and 4.3. 70 NflV -71974 Got oh t eea& t believe that tha' is an accurate figure. is that part Yo $ tion, the $4,0O0,0O0? NAyor Ferret The !Motion in that we Mrs. t ordott Pour Million dollar*? Vice•Mayor lieboso: tt was approved, Rose. I don't want any changes there. Mrs. Gordont I'll amend the motion if you'll accept an amendment, I'll second it. Vice'Mayor 1 bosot What is the amendment of the motion? Mrs. Gordon: That we begin to implement the proposal in the least expensive way at this time. Vies -Mayor Reboso: No, I can't buy that. Reverend Gibsont Let's go first class! Mayor Ferre: It is time for this city to become a first class city and stop wallowing in mediocrity. Mrs. Gordon: How long -would it take to do that? Is that going to be a three year project? Mr. Stonet No, ma'am. I said we can complete the contract documents in less than four months. Nrs. Gordon: And how long will it take to develop it after that? Mr. Stone: I think we can get the park built in 10 months. Mrs. Gordon: Ok. I second the motion. Mayor Pierre: All right, we have a motion. Is there a second to go first class on this park? Vice -Mayor Reboso: Right, and the motion is as it was approved in September 21, 1972. Mrs. Gordon: Ok, I'll second the motion. Mr. Stone, in that plan i° I remem- ber correctly there were facilities that would be provided for the handicapped. Mr Stone: Yes, ma'am. Mrs. Gordon: That is apart of it. - Mr. Stone: That's... Completely. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 74-1227 A MOTION DECLARING THE POLICY OF THE COMMISSION THAT THE CITY PROCEED IMMEDIATELY WITH THE IMPLEMENTATION OF THE PROPOSAL OF EDWARD D. STONE, JF. FOR THE USE OF OLD COMMERCIAL DOCKS AND DOWNTOWN BAYFRONT PARK, AS APPROVED BY THE COMMISSION ON SEPTEMBER 21, 1972 AND AS FURTHER MODIFIED BY DISCUSSION THIS DATE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Env.) Theodore Gibson Vice Mayor Manolo Reboso • Mayer Maurice A. Ferro NOES: Ntmss. • 71 NOV -71974 Mayer Petra* Now Mr. Stone, would you come beet. Would you proceed now as this Catission has voted and work with the Manager and if you have some Changes... Nog I want, this Commission, you come back and show us some plans and We're going to vote one by one. I want to vote for a field where the kids frbr both the junior college and the ghetto area Or whatever it is called back itt there can coin and play .. itt that park. I want to vote for it and if the COMiliehien wants to vote against it, that's fine. Mrs. Gordon: Maurice...... Mayor Perre: Let me finish. Secondly, I would like to see some kind of a, if you want to call it Internation Bazaar or whatever you want to call it, and you Can make that of bricks and wood. Do you understand, so that it's not any mon- ster of concrete or anything like that. Mt. Plummer* But as a separate item to this motion. Mayor Perre: And the third thing is that we have boat rental facilities or what have you. Mow I want to put that to a vote and if the Commission wants to receive that kind of input from Mr. Stone and then we'll decide after he's come back with some drawings. Rev. Gibson: And Mr. Stone, when you come I think one of the conmittments we made, -I'll never forget this, because the person who gave us the input had no idea at the time that the person would need this and that is by all means.... and also in the design proper and adequate provisions are made for the handi- capped. I'll never forget that. Mr. Stone: Yes, sir. Rev. Gibson: That was one of the most compelling things to me. Mr. Plummer: Fine. All right, Mr. Stone, let's do it this way, Mr. Stone. I would like when you come back for final presentation to this Commission that you come back with ideas that were outlined by the Mayor, not only what he has given to you but also your own imaginative thinking of things such as the boat rentals, the bicycle rentals, the things of this nature like let's say.... Mayor Ferre: To bring people into the park. Mr. Plummer: Right, so that there will be utilization of this park. Mayor Ferre: And then we'll hold a public hearing on it. Now is there a mot- ion to that affect? Mr. Plummer: We don't need a public hearing, Mr. Mayor. Mayor Perre: W 11, do you want to make a motion that he come back and this Commission can decide. Mr. Plummer: Sure, I'll be glad to make a motion. Mayor Ferre: All right. Is there a second to the motion? Mrs. Gordon: Wait a minute! Mayor Ferre: Wait a moment! I'm running the meeting. Is there a second to the motion? Mrs. Gordon: You have to rescind the previous motion. Mayor Ferre: No, we don't. Is there a second Mrs. Gordon: Yes you do because the motion passed was the plan that was ap- proved in 1972 and that did not include anything else that you're talking about. Mr. Plummer: That's right, that's why we're amending it. Mrs. Gordon: Well, you're not amending it. It has already been passed. Mayor Ferre: Weil, he has the right according parliamentary procedure to amend the notion. 72 NOV -71974 • Mre. Cordon: We have to rescind the motion, Mr. Mayor. Mr. plurmrers My motion stands. Mayor Ferret There is in parliamitry procedure, Mr. Lloyd, if you would, that there can be now a substitute motion to the previous motion passed. Is that correct? Mr. Lloyds Yes, sir. Mr. plum sks No, Mt. Mayor, mine is not a substitute motion. Mayor Ferret I'm not saying that Mr. Plummer: Mine is a motion. It stands on its own that when Mr. Stone comes back that he comes back with all of these proposals so that this Commission can hopefully supplement this plan to make it people oriented. Mayor Ferrel I'm going to say right on the record that I am not going to vote for four or five million dollars of the bond moneys that have been approved to have a passive unused park. Mr. Plummer: That's right. That's the reason for my motion. INAUDIBLE Mayor Ferrel Mr. Clerk, let me ask you, who made the motion and who seconded it? Mr. Southern: The original motion was made by Mr. Reboso and seconded by Mrs. Gordon. Mayor Ferre: Let's start over again. Do you want to rescind your motion? Vice -Mayor Reboso: Mr. Mayor, I think everything was in the original plan including the outdoor dining facilities and everything. Mayor Ferre: Was it? Mr. Stone: Yes, sir. The only thing that was not included in the plan at the north end, the carts were in the original plan, the boat rental idea was in the original plan. It is being... We're suggesting some relocation since we don't have all of the F.B.C. property. Mayor Ferre: Ck, then you don't need any other motion. Vice -Mayor Reboso: Let me ask you a question. What is Commissioner Plummer suggesting that is not in the original plan that we already approved? Mr. Stone: Nothing that Commissioner Plummer is suggesting was not in the original plan. It was not necessarily at the north end of the park in the Si -Centennial area. Mayor Ferret WE11, you put it all in the north end of the park. That is what I would like to see. Vice -Mayor Reboso: I don't have any objections to that. Mayor Ferree: So then do you want to make a motion to that affect? Vice -Mayor Rebosos We don't need the motion, I think. Mayor Ferre: Mr. Andrews, we don't need any motion, is that correct? Mr. Andrews: Mr. Mayor, what I think, Mr. Stone has heard all of your comments, I have, that he will and he recognizes now that he's going to go back and revise this plan, bring it back to you so that you can comment and change it and give hilt final direction so that he can go ahead. Mayor Ferre: I just wanted it to be perfectly clear that we're not approving that plan as we see it there that we are approving a modified plan which will include boat rentals, bicycle rentals, playing fields, formal, informal and food facilitiee of some kind. Now is there any objections to that from the Commisidass? • 73 NOV - 71974 tticeuMayor Reboeo:' No objections because I think everything is there... Mayor Terre: Weil, that doesn't have any playing fields for example. Mr. Stoner Not specifically delineated. Mayor Ferre: W211 now you understand that you will come back with these drawings and we will approve it in final form. Ail right, thank you, sir. Mrs. Gordon: Mr. Stone, would you also come back with some plans for the old bandshell area? Mr. Monet Yes, ma'am. Mayor Perre: And listen, Mr. Stone, also I think for some of the improve- ments along Bayfront Park also including possible relocation of the bandshell you bring us back the alternates and estimates of the cost. Mr. Raymond M. Val: My name is Raymond M. Val of 320 N.W. 66 Street and I'm an engineer of sorts. My qualifications were the Army E Award which is tantamount to the Congressional Medal of honor. I'm not going to over burden you with my qualifications. However, bulkheading is a very expensive proposition and there is enough fill being raised up out of the bay to create some beach area where people, when I come to a place I don't want to have to sit on a bulkhead and hang my feet over the side and find out that the tide has gone out and I can't get my feet in the water. I don't want this. I want to be able to walk in the water. This something that people love to do. Now another thing that our beautiful Rose Gordon made the remark about the people shopping; I would like to see a walk way over Biscayne,Boulevard to this park or two walkways. I mean it can be decorative and it can have the landscaping. Do I want to see people getting killed on Biscayne Boulevard because they're going to the park and all they've got on their mind is the park? So now they're going to the park but they land in the hospital. Mayor Perre: Mr. Val, we're two hours behind schedule. Mr. Val: I understand but what I have to say is very pertinent. They've got to have some better means of just landscaping a park. I don't want a pidgeon roost. There are many people in this world who are not affluent. I have the greatest respect for winos as well as the rich winos and I want them to be able, to put it mildly, have a place in this world because I see them under the 163rd Street Causeway Bridge and it breaks my heart that an animal even has the priv- iledge of the park but not a human being. Mayor Ferre: All right, Mr. Val. I'm sure the winos will be welcome there too. Now excuse me, we have to move ahead. Mrs. Gordon: I have a question, Mr. Mayor. Mayor Ferre: All right, I'll recognize you in a moment but Mr. Andrews, I would... All right, Rose, go ahead. Mrs Gordon: It is a very important addition to downtown and I'm sure you prob- ably would agree with it more than anybody else. There must be some overpasses over Biscayne Boulevard and how they're to be done and who is to pay for them or where they're to be located, I'm not about ready to say. But I ask you, Mr. Andrews to please look into this facet of it. There has to be because of the very fact that there is no parking on the bayside. There has to be some over- passes for people to walk across Biscayne Boulevard and park their car on the west side of the boulevard. so will you come back and give us an answer? Mr. Andrews: You will recall that there is within the downtown traffic study these very elements, overpasses to get to the park. Mrs. Gordon: Yes, but I'm talking about implementation. Ok? Mayor Ferre: A11 right, Mr. Andrews, I had mentioned previously and I'd like it to be a formal and I would respectfully request my fellow Commissioners to pass a formal resolution asking Metropolitan Dade County through Raise Engineers to study the feasibility of a people mover system in the downtown area and them come back with a proposal to us. Mr. Andrews: Mr. Mayor, may 1 add to encourage the Commission to do this the information that ws obtained in reference to the $20,000,000 Westinghouse was 74 NOV -71974 principaly funded by a parking garage associated with the people Mover so that there wasn't the cost. In fact, I had the impression that the people mover was free to the public to utilize. Mayor Ferre: I'll pass the gavel and I'll make this following resolution: That We request Metropolitan Dade County to ask Kaiser Engineers in their study to study and report to the Metro Commission and to the City Commission the economic feasibility and practical feasibility of a people mover system in the downtown area from Pace Park all the way down to Claughton Island and front Watson Island all the way to the Government Center in separate portions because we might be able to do one at one time and then supplement it as we go along. That they meet with .the Downtown Development Authority and the Off Street Parking Authority with the City of Miami, with the State and with whatever federal agencies are involved to see if this could be done in a joint venture between the public sectors and the private sector of the community so that there would be a joint financing of such a project. Mrs. Gordon! Are you talking of land or water, Mr. Mayor? Mayor Ferre: I'm talking about land now. This is downtown, a people mover connector in conjunction with the rapid transit system. Now they're doing it anyway, I just want us to have input in it. I so move. Mrs. Gordon: We won't have to pay anything for this, will we for the study or anything? Mayor Ferre: No, I'm not saying that ve do. I'm saying that we ask Metro to include it in their Kaiser Engineering Report. Thereupon the above motion was introduced by Mayor Ferre, seconded by Mr. Plummer and passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. 0ordon, Mr. Plummer, Mayor Ferre and Vice -Mayor Reboso. NOES: None. Mayor Ferre: I have one other motion to make, Mr. Chairman and the motion is that the Manager be instructed to study the possibility of putting in a water transportation system that would link up the various City of Miami Parks start- ing with the downtown area,specifically Watson Island, Pace Park, Bi-Centennial Park, Bayfront Park and the river and eventually in his study be expanded to include the Dinner Key Area, Kennedy Park and Peacock Bayfront Park down at Coconut Grove. Mrs. Gordon: I'll second that motion, and Mr. Manager, include in that your answer to me on the barges which I inquired of you quite some many many months ago and I've had no answer from you. Mayor Ferre: I would like the motion to include that the possibilities besides the barge and that the possibilities of putting this out for contract bid be considered also so that we can get the private sector involved in it. Mrs. Gordon: On discussion of the motion I would like to say that in my opinion it should be contracted out. I don't think we want to go into that operation ourselves. Mayor Ferre: Maybe MTA might want to take it on. That is something that should be discussed. Mrs. Gordon: I think that is something they might want to do. The following motion was introduced by Mayor Ferre , who moved its adoption: MOTION NO. 74-1228 A MOTION REQUESTING THE CITY MANAGER TO STUDY THE POS- SIBILITY OF PROVIDING A WATER TRANSPORTATION SYSTEM THAT WOULD LINK UP THE VARIOUS CITY OF MIAMI PARKS, STARTING WITH THE DOWNTOWN AREA, SPECIFICALLY WATSON ISLAND, PACE PARK, THE BICENTENNIAL PARK, BAYFRONT PARK AND THE MIAMI RIVER, AND THAT EVENTUALLY THE STUDY BE EXPANDED TO INCLUDE THE DINNER KEY AREA, KENNEDY PARK AND PEACOCK PARK. 75 NOV -t1974 tipon being seconded by Commissioner Gordon, the motion was passed end adopted by the following vote: AYES s clom nissioner J. L. Plummer COMmissioner pose Gordon Cc mtiesidner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOBS: None. Mr. W. Rolle: Mr. Mayor and Members of the Commission, I think the proposal about Bayfront Park is certainly impressive from the south end going north but as 1 listen to the reference to the amount of the money that is left in the bone issue. I think if we think back on the numbers of parks that were described for improvement in the entire package that my question becomes are there provisions being looked into at this moment to improve'the additional parks that are either west or north or south of Biscayne Boulevard. Mr. Plummer: Wellington, each park had its own designated funds...(INAUDIBLE) Mayor Ferre: Right, and the answer is yes. We're just talking about one park today. Mr. Rolle: Right. Then I gues* the other part of the question would be is there anything in the plan to immediately start some type of work or improve- ment in the remaining parks that have not been improved today. Mayor Ferre: Will you talk to that, Mr. Andrews? Mr. Andrews: Yes. We have already started and we have set a goal for our- selves hopefully to have all of, I say all - that's a powerful word, all of these funds committed for these other parks under way within the year if in fact some of them cannot be completed before than. 76 NOV - 71974 31. REZONING - LOTS 1 & 2, BLK 1, SILVER BLUFF BUSINESS CENTER: AN ORDINANCE ENTITLED• AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1 AND 2, LESS THE SOUTH FIVE FEET THEREOF, BLOCK 1, SILVER BLUFF BUSINESS CENTER (14-76), LOCATED AT 2561 SOUTHWEST 27TH LANE, FROM R-1 (ONE FAMILY) TO R-CA (RESIDENTIAL OFFICE) AND BY MAKING THE NECESSZRY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE II1, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of November 21,1974was taken up for its second and final reading by title and adoption. On motion of Commissioner Mr. Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8325 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 32. REZONING - LOTS 8 & 9, BLK "G" & LOTS 8 & 9, BLK "H", BRICKELL HAMMOCK UNIT #1 EXT.: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 8 AND 9,BLOCK "G"AND LOTS 8 AND 9, BLOCK "H" BRICKELL HAMMOCK UNIT #1 EXT (7-87), LOCATED AT 2475 BRICKELL AVENUE, AND TWO VACANT LOTS SOUTHEASTERLY CROSS SOUTHEAST TWENTY-FIFTH ROAD, FROM R-3 (LOW DENSITY MULTIPLE) TO R-5A (HIGH DENSITY MULTIPLE) AND BY THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY RE- PEALING ALL ORDINANCES, CODE SECTIONS; OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of November 21,1974was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: • 77 NOV - 71974 Ayes: Noes Noe. Commissioner J.L. Plummer Commissioner Rose Gordon Co mnissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A Ferre THE ONCE WAS DESIGNATED ORDINANCE NO. 8326. ---Copieo-of said ,r i ee-were available --to City Communion and the public. 33. AUTOMOPIAMIVESWirga IMPOUNDING - AMENDING CITY CODE: AN ORDINANCE ENTITLED - AN ORDINANCE IN 'INC ARTICLE II, SECTIONS 34.20 AND 34.21 OF THE CODE OF THE CITY OF MIAMI, PROVIDING FOR THE IMPOUNDMENT OF VEHICLES - WHEN AUTHORIZED AND FOR THE NOTICE OF IMPOUNDING; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION; PROVIDING FOR AN EFFECTIVE DATE Passed on its first reading by title at the meeting of November 21,1974was taken up for its second and final reading by title and adoption. Oa notion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8327. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 34,, IMPOUNDED AUTOMOTIVE VEHICLES - TOWING & STORING - AMENDING CITY CODE: 'AN ORDINANCE ENTITLED- - AN ORDINANCE AMENDING ARTICLE III, SECTIONS 43-20 THROUGH 43-25, OF THE MIAMI CITY CODE IN ORDER TO ALLOW THE CITY OF MIAMI TO ENTER INTO AGREEMENTS WITH PRIVATE TOWING FIRMS FOR THE PURPOSE OF TOWING AND STORING IM- POUNDED VEHICLES; DELETING ALL REFERENCES IN SECTION 43 TO CITY STORAGE GARAGES; REFERRING TO SECTION 34-20 ET. SEQ. FOR THE IMPOUNDMENT OF VEHICLES: REPEALING SECTION 43-25; REPEALING ALL ORDINANCE CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; 1 78 NOV - 71974 CONTAINING A SEVERABILITY PROVISION; AND PRO- VIDING FOR AN EFFECTIVE DATE Passed on its first reading by title at the meeting of November 21,1974was taken up for its second and final reading by title and adoption. On emotion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8328 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 35. MINI -BUS OPERATION - PUBLIC HEARING - MIAMI MINI ALIADOS: Mayor Ferre: This is a public hearing on Miami Mini Aliados,------ how many are here on this motion? Will you please raise your hands? Mr. Lloyd, City Attorney: Let the record reflect that this is an application pursuant to the Code of the City of Miami Article 3, Sec. 56-70 entitled Buses and other vehicles operating on fixed routes. Mr. Jose L. Mello: My name is Jose L. Mello, I represent Mr Pino, and Miami Mini Aliados, my address is 2951 S. Bayshore Drive,Suite 7G. This is an application, as the City Attorney has explained to you,that has been filed pursuant to that section, ---that now we have no procedural problems with, or problems of timing. We have had several meetings with the City Attorney's office and a meeting with Mr. Andrews with this regard, and have been advised there are no problems other than just opposition on principle and with that I will pass on to Mr. Pino to presentation more specifically. Mr. Andrews: Mr. Mayor and members of the Commission at the meeting I had with Mr. Pino and staff of my office and his attorney,the question that was raised was, is there anything about what is being proposed that the City would physically object to, the route they would choose. I could find none of that, that I could object to, however I caution these gentlemen that this in no way constituted any kind of sanction or approval in that the City commission must struggle with a basic policy decision in reference to this whole matter. Mr. Lloyd: Pursuant to this, this is the pub lic hearing pursuant to section 56-75 of the Code of the City of Miami. Mfr. Plummer:One of the questions raised before was the legality of the City of Miami being able to issue permits for such a proposed operation. Has that legality been worked out? Mr. Lloyd: Yes, this is why we put into the record the fact that the application was presented pursuant to that portion of the code. The question was whether or not the City of Miami had jurisdiction to entertain this proceeding. We have determined that the City does have jurisdiction. These people have a right to this public hearing,having made the application pursuant 79 NOV " 71974 ot to the procedural requirements of the Code of the City of Miami. Mr. Plummer: The other portion of it was they were to operate from Miami to Hialeah. Mr. Lloyd: Yes, also procedurally we are within the State statutes on this. The City Commission does jurisdiction. Mr. Plummer: The City Commission does have the right to issue such a permit. Mr. Lloyd: Yes, yes, not they are entitled. Mr. Pino:My name is Henry Pino, President of Miami Mini Aliados Inc. a Florida Corporation and my address is, 11951 S.W. 4th Terrace , Miami, Florida. I am here again today again to speak to you on our application fer a certificate of public convenience. The City of Miami, as well as many other larger areas in the United States is in dire need of better transportation facilities.and the continued growth of the transportation problems require that some steps be taken to alleviate this problem. Our company plan is prepared to facilitate a service that will certainly address itself to the immediate and urgent transportation need of this community. Rather than boring you with a historical background of our efforts, to secure our certificate of public convenience, ----we have prepared and pro- vided for each one of you, with a package containing general information, proposed routes, and Minutes of previous commission meetings where presentations have been made. Several of the enclosed documents in your package distinctly demonstrates the need for the service we propose to provide. Among the most significate studies in transportation, is that of Boyd Asher and Whitler, entitled " A Valuation of Rails, rapid Transit and Express taus service in the Market", -----they strongly endorse the value of a small passenger bus-wgaons for collecting and distributing riders, They also point out that such a bus -wagon system of transportation is so attractive, that it would exist without official encouragement if laws did not impose dis- criminatory bans on its use. Reference to this study is in your package under transportation needs. Ronald F. from the Urban Institute in Washington D.C. on a report on power transit services, prepared for D.O.T. and UMTA, that is right here, clearly endorses urban transportation modes, repair collectively, as power transits, including daily and short-term rental car, jitneys, car-pool, subscription bus service, --that is our bus pools, and others, a substantial potential for serving urban travel demands of the present and near future. At the local level, the need has been clearly established by over 6,000 signed petitions. The petitions by the way, are in the corner if you care to examine them, they can be brought out, signed by residents of the City of Miami, and recorded with the City Clerk, as well as distinguised members of our community who have spoken on the subject at this commission and who are here today, full presentation on the commission meeting of September 27 are enclosed in your packets for your perusal. The need for the service, we propose to provide, have been identified for a transportation seminar sponsored by Florida International University and the Black Economic Conference held at the Marriot Hotel, both of these items are included in your package under local seminars. Prior to moving into the of the proposed service, I would like to mention that a license for an inter -city line run, from the City of Miami to Palm Beach has been awarded to us by the State of Florida Public Service Commission. Allow me then to tell you exactly the route we plan to follow besides quality, and quantity of services, that we are going to provide and how it is going to be operated. The first service we propose to provide in our plan, is a which will operate depending on your discretion whether or 80 NOV w71974 36. DAY CARE PROGRAM AT SILVER BLUFF - APPRECIATION TO CITY' COMMISSION FOR CONTINUATION: Mayor Ferre: Mr. Pino We have a bunch Of children from Silver bluff ---hoe long with that take? Can you do it in 3 minutes, so the kids Cat go back to the Day Care Center? Okay, Unidentified person: Mr. Mayor, City Commissioners, thank you very much for giving us the time, I am sorry to interrupt the program but I feel that everyone has made a program possible that is very needed in this community and we have a group of letters here of thanks to my children. I'd like to represent all the parents of children in the after -school care program at Silver Bluff Community School, one of the three schocls that you commissioners to re -fund for us, and I would like to say thank you for all the parents of children in this program, and I have one of the parents here, Marie Alvarez, ---- Mrs. Alvarez: I have to say thank you very much to all of you for letting us keep the program, and we have the kids here, who thank you too. We have a few letters we want you to have. Mayor Ferre: I'll put them into the record, and anybody who wants to get copies we will ask the Clerk. You have all the kids. here, do we have a photographer in the house? Children in unison:"Thank you for the program" Mayor Ferre: You are welcome, Applause, -------- Mrs. Bartemus: I think this is a good show of what the kids think of what you have done for them, because they are the ones who are getting the program. Thank you. Rev. Gibson: May I make this comment, Mr. Mayor, the fact that the children are doing this, I hope some of the grown people might take a lesson. Mayor Ferre: Thank you have a nice day. 37. MINI -BUS OPERATION - PUBLIC HEARING CONT'D - MIAMI MINI ALIADOS: Mr. Phillip Schiff: Your honor, I don't like to interrupt Mr. Pino in the middle of his presentation, but I think the Commission knows there are several viewpoints on this application. There are a number of interests hers who are protesting the application, and Mr. Pino has made reference to a package of something or other which I assume is part of his presentation but I don't know how in the world we can offer any opposition to something we don't even know aboutand have never seen. Now, that is not a fair presentation. Unidentified person: Mr. Mayor, if I may, Mr. Schiff is very sorry about things, but if he continues to interrupt our presentation we have a right to present, -------- Mayor Ferre: We are not going to get into an argument here. I understand your point, but on the other hand these people have come back time and time and time again so let them maks their presentation then I'll listen to you and we may have to have a further hearing but we can't be putting this thing off and off. as Mr. Pino: Let`find where I was again, our first part of the program is a set of fixed routes, that operate on a fixed route,fixed schedules, etc. By the way, this is all part of a pilot plan,this is something that has to be proven to demonstrate it. Route One, will be an express service that will NOV - 71974 depart at Midway Mall and vili tun express without a stop to the airport plata, pickup passengers there, -then drive straight to the Central Plaza and from the Central Plaza to the Orange Bowl, from there, one stop in the Civic Center area where they can make a tranfer to a mini -bus and come right downtown. This service will be 30 minutes apart and will work from 6:00 o'clock in the morning until midnight, 30 minutes apart. The next system for the next part of the program will be a set of mini -bus routes. The mini -bus routes are concentrated on three routes from the down- town area into the area we call Little Havana. Route No. 2 willgo from the downtown section into Coral and 27th Avenue, -----I want to go over very briefly on this because I don't want to entertain much of your time. Route No. 3 will do the same thing from the downtown area into Flagler Street to 27th Avenue and come back again, and Route f3, this will be on SW 8th Street, and Route #4 will be on Flagler Street to the downtown area, then there will be two mini -bus routes, one on the Flagler Street area and 27th Avenue to the Civic Center and coming back, and one from, SW 27th Avenue and 8th Street to the Civic Center. This bus, ----it will be mini -buses like the one you see here, --Carpenter mini -buses mounted on American built chasis, either Ford or Chevrolet or Dodge, --the mini -buses have the capacity of 20 passengers, ---I show in the other pictures you have over there, and it has enough space so you can stand up, and good facilities for elderly and handicapped. The next part, talking about Route 07, is a route that the main purpose is to serve the poor workers, that live in the in area of low-income in the City and will go from the Little Havana , SW 27 Avenue and 8th Street all the way into the industrial area in Hialeah. I am going to refer to this and you have in your under local endorsements that in this section there are 12,000 garment workers, ----now 1800 of those are unionized under International Garment Workers Union and I have here Mrs. who speak later in behalf of the application. Sixty percent of these people need transportation to and from work daily and they live in Little Havana, 60% is 1800, so you can figure it out what is the amount of people that work there of the 12,000. These mini -buses, the whole route will take 40 minutes and will be run every 15 minutes, starting at 6 A.M until 9 P.M. and then one half hour apart. Now, regarding Route 7, we are going to talk about a special service. Special services are more difficult to define than fixed routes. They are a type of transportation, we need a small skeleton form, ---will provide a service limited to relative fixed routes, in this case particularly Route #7, and open to group riding. The chararistic of the service is the flexibility of supply to meet changing demands , within the specific boundary delineated for this service. This kind of service has been referred to international studies as subscription bus service. I think Mayor Ferre last time defined very well this service, the same way we try to get people to work. I have here the conclusion from the big book from the Department of Transportation, by the way, is the one that 80% of the subsidity on all the companies around the United States recommended this type of service be implemented. And actually this type of service is being conducted at this moment at different cities all over the United States, in states like Missouri, New Jersey and New York, Illinois, etc. Now, this area is covered by these zip codes, so you can see here, 33125, 135, 145, 129, 136, 128 and 130,--the amount of residents we got in that areais 64,924 resideness.This information is from the Post Office. The approximate population there, we are talking about 228,000 people live in this area, and this is,aa I said before, is where the poor of the city lives, where the people need more transportation live, remember, the people that have that second car, or the third car in the house, will not be able to keep on using it, with inflationary amount of the cost of living. etc. I want also to refer in this study to a letter you have in your package, as a local endorsement from where they have the problem at this point, that they have people to go there and try to get jobs to go to work, and they cannot work because they don't have transportation to go to work, and this is happening right now in the city of Miami. The charter service, during the time when the vehicles are idle, due to passengers being at work, low-cost transportation on a sub -contract basis will be provided for senior citizens programs, educational institutions dealing with training or any other interested ogranizations,--this type of transportation can be provided at a low cost due to the fact that this is a complimentary service to our special services and a fixed route service provided by the company 82 NOV -71914 I want to say that the last time t was here, somebody said psychiatrist. In this book everything I am talking to you I can provide you with copies of the big book to study, it there, there has been a study on a national level by the Transportation and the Mae Transit Authority . All right, we helve the equipment in here, the seating capacity, the type of system we are going to be using, will be a metropolitan also as you can see in the picture over there, the signs for the route are going to be in front, in the back and in the sides, ec anybody knows what is going on, what type of bus information etc. Now, we will talks about the mini -buses, ---we are talking about the GMC 45 to 50 passenger buses for express routes, and special and charter service, these buses will primarily be used on the granted State licenses. All vehicles will be equipped to meet all federal, state and local regulations. In addition they would be equipped to allow accessibility to handicapped and elderly passengers. Buses would be operated by the owners on the rules and regulations of the company , a::td of course, the city's. All equipment will be garaged at company facilities and inspected on a daily basis to meet higher standards of safety and operations. These functions will be performed by a special trained and highly competent personnel pro- vided by the company,. Insurance coverage will far exceed minimum local, and slate and federal requirements. You have in your package a letter from an insurance company that is able to get us insurance up to one million dollars liability coverage. In conclusion, I would like to say that the mini -bus concept has the potential to serve this community. The mini -bus concept , if fully developed, will allow for the first time to develop minority entrepreneurship and will create jobs at a time when employment figures have reached alarming proportions. We believe our proposal has merit, potential and can serve the masses of poor people in this community. It is not competitive, is it supplementary and it is complimentary. I respectfully request from our Honorable Mayor and my Commissioners a favorable decision on our application. Thank you very Much. I would like to call Mr. Keith Leslie from AAA. I need a about , and is said in Department of Mr. Keith Leslie: Honorable Commissioners, I have appeared previously to recommend to you the exploration of this sort of service. As you know, the American Automobile Association is primarily concerned with the operations of private motor vehicles. However we are also concerned with the safe movement of individuals through increasingly thoroughfares. We have gone on record and still do go on record in favor of matters, -----procedures which will expidite the movement of our prople through the Metro Transit Authority, that is the S. Dixie Highway program, the I-95 lanes and etc. We believe that in a case where it is non competitive, where it can clearly be established to be supple- mentary and complimentary, that a pilot program would be worthy of exploration. We ars.not committed to any individual persons, however we do believe that the studies by the department of transportation and various agencies of this nature both federal and state, indicate there is a place where this does not interfere with existing forms of transportation but instead does supplement, that it would be beneficial not only to the ethnics groups, to the levels of people who for scnooaic reasons are not able to supply their own form of transportation that this worthy of experimentation for a pilot program, we believe it is well worthy bf consideration. Mr. Reboso: Will you please state your name and address. Mr. LeI1i4: Mr. Keith Leslie, Director of Public relations for the American Automobile Association, located at 4300, Biscayne Boulevard. Mt. Pinofl(r. Mayor, I would like now to ask Mrs. Anita Coffino? Mrs. Anit• Coffino: I am Anita Coffino, I represent the International Ladies Garment Workers Union, my address is 2841 N.W. 2nd Avenue.Ae you have in front of you. I suppose, is a memorandum by my manager. She has been studying all the programs that have been presented here, and according to our opinion, due to our members, not only our members but what we consider the garment industry in Hialeah, we really believe that the only service, ao matter whether it is Pino or Schwartz, is going to be the mini-aliado 83 NOV - 71974 This is something that our industry, not only due to the economic situation of this country but due to the garment industry, it is a very difficult thing, like a member or person that works in the garment industry can have, starting to work at 8 o'clock, and his employer will tell her, or him, -- instead of 8, should be there at 8:30 or 9 o'clock, and the same thing could happen that she has to stay after 3, 4 or 5 o'clock. This is something that we have to consider, it is very important, according to the service that mini -bus is going to give. We think and are all in support of this mini -buses. Mayor Ferre: Mrs. Cofino let me ask you a question. Today the people you represent, the Garment Workers, who live in Miami and have to travel to Hialeah, how do they go now? Mrs. Cofino: Well, so far they have been traveling in pool -cars. Let's say that a person in the job has a car and they drive three or four. We have some cases, and in the memo specifically from Mrs. Esther Gordon, she is the wife of a well known Latin person in the community, and she was involved in an accodent about two years ago and all the problems she has been facing cause her all these problems, even though she was an able person to work, she had to apply to the Union for disability due, that she was unable to continue working because of this accident, when she was riding with this pool -car. Mayor Ferre: Let me ask you this question. Do they take taxis? Mrs. Cofino:They try to get somebody in the job that has a car. It is a very difficult thing. One important is the parking problems. This area of 9th Avenue in Hialeah there is small space to park. Mayon Ferre: Do they take buses, M.T.A. buses? Mrs. Cofino: They take the buses, but according to the population where they live, they sometimes have to make some changes from one bus to another in order to get to the place where they work. Now they have to get up at 6 o'clock in order to be on the job at 8:00 and it is a very difficut thing. Mayor Ferre: Are there any direct routes from Miami to Hialeah? They would have to change? Mrs. Cofino: They would have to change. Mayor Ferre: Thank you Mrs. Cofino. Unidentified person: I would like to point out to the Commission that we were going to have all the speakers today, who have appeared in support of this proposition in the past like Mr. Vilaverde and Mr. T. Willard Fair, but due to other committments they were not able to be present, but their statements are of record in other meetings of the commission. Mayor Ferre: We remember their comments. Mr.Pino: I want to add to that, there was a prior statement of T. Willard Fair from the Summit conference that is in your package, it is the statement of the Commission and is also another statement longer than he made for support of our program. Mr. T. Willard Fair will be part hopefully of our advisory board. If you have any questions I am able to answer, if not, have the members of the opposition over there, -----starting to make questions. Mr.Plummer: Let me ask this question. Approximately, not that I am putting this on a cash register basis, what revenues would this bring in to the City of Miami, if any? Mr. Pino: It would bring you 5% of the gross of the buses. This is in your City Code, says that this type of service has to pay you 5% of the gross. Mr. Plummer: Five percent of the gross revenue? Mr. City Attorney eaivee a question. Under today where the City issues permits for taxicabs, 84 NOV - 71974 in New York I am told these medallions are worth a tremendour amount of money and likewise I assume they are here like liquor licenses. Is the application before us today for x number of vehicles or is it for just a fixed route? Here is the point I am trying to make and a question that hag been asked of me many times. A man says to me, look, I don't mind you granting this, but don't close me out. If you allow them , then I think you should allow me. What I am trying to say is, is that determination being Made here today? Mr. Lloyd City Attorney! No, and the reason is, the ordinance. Let me explain this to you. -----at the ordinance, the application, is for fixed routes. Now, I thick it would be appropriate at this time to further develop the answer to your question. The ordinance provides that a certificate of public convenience and necessity which is what the application applies for, shall be granted only when in the opinion of the City Commission the service already provided by the existing certificate holders is so in- adequate as to require the issuance of a new certificate. That is the issue before you today,-r---- Mr. Plummer: Who has to prove that? We do, or they do? Mr. Lloyd: No, the applicant must prove that. It is his burden to prove that. At this time, M.T.A. is the only certificate holder. Unidentiifed person: Let me point out to the Commission, there aren't any certificate holders. Mr. Plummer: Haw can they prove that? Mr. Lloyd: To be candid about the thing, that is their burden to do , because the ordinance says they must assume that burden . It is 56--75, as you recall, I told the Commission at the beginning of this that they were pursuing the hearing pursuant to this ordinance. This is what they are attempting to do . They are presenting evidence toward that end. Unidentified person: There aren't any other certificate holders, Mr.Mayor. There are none. The M.T.A. is no certificate holder of the City of Miami. __Mr. _ Mr_ Plummer: We had better clear this up, because if he has to prove that M.T.A. is inadequate, he won't live that long. You are going to have to make a legal decision now. Mr. Lloyd: I have just made one on the basis of the ordinance. Mr. Plummer: All right, based on what you have just told me, have you heard any testimony presented here that M.T.A. is not adequate? Mayor Ferre: What he is going to do is just give you 6,000 names of people who say that it isn't. Unidentified person: It is a matter of discretion to weight the evidence before the Commission, in my opinion if I may respectfully say se. It is a matter of discretion for the Commission to decide what is enough proof under this ordinance. As I have said before there are no other certificate holders issued by the City of Miami. So we are the only ones. Mayor Ferre: What he said, he made a statement of fact, --of legal fact but it is up to this Commission to decide whether or what they present is sufficient proof or not. Mr, Plummer: No, that is not the point, the point is, Mr. Lloyd is contending that there is a certificate holder and this gentleman is contending there is not. Mr. Lloyd: Actually M.T.A. has taken over the old existing city of Miami franchise granted to the former Pauley Bus Company, or whatever it was called. $5 NOV -71974 Mr. Pito: May I say something Mr. Mayor? Mr. Plummer:You had better say a lot,----r-- Mr. Pino: If we are going to talk about the needs of the community, regarding transportation, and if M.T.A. were at this point completely enough to meet this need,we will not be enough,----- we need the taxicabs we need M.T.A. we need Greyhound, Red Top, ----all together to make good service in town. There is no way that M.T.A can prove they ere sufficiently at this point, for one reason, Mr. Plummer, let me explein what the reason is. They are asking one point, three billion dollars to solve the problems that they have at this moment 15 years from now. Another point is this, they don't even know if the money is going to be granted, because there is no money available for transportation. The other thing I am asking the Commission at this point, is, if you let me try one of these things, I will show you that the taxicabs are not going to get hurt, because the factory worker like Mrs. Cofino says, cannot afford it. M.T.A. is going to gain more riders. Over there you have an international figure that only 8.1 percent, that people that go to work use buses. Five percent walk, and three percent do something else, but 75% use automobiles, and that is where we are aiming, to get people out of the cars so we can reduce pollution, the city will get some revenue, and that is all we are asking. Mayor Farre: What he is saying is, this is a new service which does not exist, it is going to be serving a market which is not being served by either taxis or by Metro Transit Authority. It is up to them to prove the case and I — sure the opposition is going to, ------ Mr. PLummer: We have a jitney service or mini -bus service existing. The Liberty City jitney exists, so this would be basically if I understand it, about the same thing. Is that correct? Unidentified person: No, it is a bus service. Mr. Plumner:It is the same type of operation. There is already a precedent set that we do have, correct? Mr. Lloyd: Jitneys don't come under this article. This is a bus service under a fixed route. Unidentified person: I can't say this is a jutney service. Mr. Lloyd: They are making their application on that basis. Unidentified person: Commissioner Plummer I think we have over 5,000 requests from people that feel'this service is needed, near 6,000 applications and requests for this service. I think that is sufficient need. This commission has had several meetings where they have discussed and in fact expressed their opinion that the need exists. This is why the pilot program of the taxicab was granted which by the way now is illegal because of a new decision by the PUblic Service Commission where no taxicabs, -we won't go into that, but based on that need, this other service was granted. The need for this service has been more than enough and sufficiently proved in this meeting and other meetings and has°'been expressed by the members of the Commission themselves. The only way that you imply this has to be proved by the MTA coming up and saying that their services are unsatisfactory. I think that is illusory to expect that. Mr. Plummer: It seems unreasonable. I don't disagree on that, ------- Unidentified person: Mr. Commissioner, what is reasonable and un- reasonable, what is sufficient and what is not sufficient under the ordinance is this commission. Mayor Ferre: Judge,-------Mr.Dubbin,------ Mr. Murray Dubbin: Mr. Mayor and members of the Commission, I guess I'll lard have to be back at the office at 6:30,-----ladies and 86 NOV -71974 Sentleaan of the Commission, there are several economic interests.. repreeneted here. My firm Mr. Schiff and I represent, Red Top Sedan Service and American Sightseeing Tours, Inc, both of whom are certificated to per- form for -hire services and other services within the City of Miami. You will find that there are also a Greyline Sightseeing Tours represented here, the Metropolitan Transit Authority is represented, the taxicab industry to represented, because everybody in the transportation business has an intettst in what is:happening and you have to believe and I am sure you ;do that everyb ody who is in the business do two things, provide service to people and to make money based upon the service they provide. Thatiis wby Wa *r'e here. Red Top and American Sightseeing Tours Inc. do not operate a fixed route or a fixed schedule service within the confines within the boundaries of the City of Miami. We do have some fixed routes and fixed schedules which generally relate to public service commission granted rights under the Florida Statutes that cross city lines and cross in some instances county lines. We do provide services like that. We are not specifically on filed routes or schedules nor do we purport to provide u fixed route, fixed e ekildUle bervice intra the City of Miami, however, you really must examine this application because this application in its entirety, ----the 7 routes, the inference to special operations, the Charter operations that have been requested. If granted in the entirety by this Commission , will effectively put.th applicant in t position to perform prectically any type of trans- portation service available to a transportation company in the State of Florida. For example, charter service, now the first thing that you do When you have the right to charter is you go out and get a group of people together and you put them in these buses and by the way, they are 43 passenger buses involved. They call themselves mini-aliados, that is fine, but one of the types of operations are 43 passengerbuses, that is not so !mini', that is a good sized bus, putting together charter parties, and once you give them charter rights even though they are talking about moving older people from place, making provision for job corps, people who need moving to jobs and things like that, you are not limiting to that. Unless you do limit, if you do grant rights, unless you put a prohibition or condition within the grant of t#ghts preventing the movement of passengers other than those he is talking about, from place to place, special operations, special operations is in fact poorly defined in Florida law. What it is generally referred to is a charter movement where the passengers are charged on a per -head basis so that he can go out and advertise. We have 43 passenger bus available, we are going to lease you the entire bus, and charge you $1.25 apiece. This is a special operation. You put these things together and you are talking about putting together a transportation movement that would make the Greyhound Corporation proud to own it because they will be in competition for business of all kinds. For e xample I have submitted to the members of the commission and to the City Manager and the City Attorney and I believe the press has a copy of it, our evaluation of the problems we foresee upon the grant of this petition in its entirety. We have had a lot of experience with Mr. Pino and let me say this, I think he is one of the most amazing people I have ever known in my life, one of the mose ingenious entrepreneurs you could find, and you could look all over the world and not find one more ingenious. I know that because we have been in court with him, and we had to get an injunction aginst one of his operations, and had to file a complaint before the Public Service Commission, we successfully opposed an interstate commerce commission application and several of these cases are still pending, the injunction is on appeal before the Third District Court of Appeals, the hearing before the Public Service Com- mission on our complaint due to improper sighting activities and the like, that is still pending there, but all these things have happened. See, Mr. Pino, in his ingenuity, has done business not just as mini-aliados, he does business under the name of Henry Pino where he owns a master taxi permit issued by the Florida Public Service Commission in order to, -------which authorizes taxi movements in the unincorporated areas, he has operated under the name of Executive Bus Service and I believe he has just received an order from the public service commission authorizing Executive Bus Service to move passengers from Little Havana up A-1-A to West Palm Beach, which we say congratulations,he has operated under Executive Transportation Service which is a travel agency and through the travel agency, he makes some fantastic contacts throughout the world in order to move illegally passengers from points of entry into the city and to the state to the City of Miami Beach, to Coral Gables, Miami to Miami Springs, to any place where you can go to, and come back from then goes and picks them up. We have had a lot of experience with Mr. Peso. We sincerely believe that what Mr. Pino and mini-aliados is looking 87 NOV - 71974 to do, he is looking to go into the movement of passengers from the airport and seaport to the Miami Beach hotels, ---you give him this license and he will have the right , possibly, I guarantee you it will be contested, if you give him the charter right bearing in mind that a city permit carrieswith the right to pick passengers up within ,a 5 mile area, surrounding the city of miami, he will be at the airport picking up two or three hundred passengers who just came in from New YOrk , New Jersey, Brazil, and moving them to Miami Beach,------- c Mayor Ferre: Mr. Dubbin, can't this be limited, can't ve put restrictions so he cannot do that? Mr.Dubbin: Under public service commission regulations, if this was a hearing before the public service commission, a certificate could be issued that would contain restrictions against certain movements. The answer is yes, -------I cannot relate that to the city code of Miami. Mr. Lloyd: This is the very reason why Mr. Mayor, and members of the commisssiop, we specifically stated in the beginning for the record the part of the ordinance under which this was brought ---, the only thing that this commission can issue is a certificate of public convenience and necessity if you determine in your wisdom that you should do so, for the fixed route which are propaed in the application. Any application for charter service or otherwise would have to be subsequent to this. This hearing is limited to a hearing on the fixed route situation. This does not negate the fact that you can get these other things later. Mayor Ferre: That is not the problem, Murray, if I may. Mr. Dubbin: I understand, Mayor Ferre: Now, the concern is as I see it, Mr. Lloyd tell me if I wrong. What Mr. Dubbin is saying is that this is the first step, but once be.gets this, and he gets these routes, then he will subsequently apply for these other permits.Is that what you are saying? W. Dubbin: Not completely, and maybe I misunderstood, because in reading the application I see a request for special operations and for charter service and in hearing the presentation by Mr. Pino, he testified to this commieson as to why he wanted special operations and charter service so Mr. Lloyd I misunderstood. If this commission does not have jurisdiction, at this time to grant charter rights for special operations then part of vy warning to the commission is wrong.I heard him making this in his case . Mr. Lloyd: I noted that at the time. Mr. Dubbin: my second point is I promise you, that immediately after first bus,-----mini-bus is moving up and down 42nd Avenue, you are going to have a application before this commission for special operations or charter and he is going to hand you a sheet of projected pick-ups at the Miami Inter- national Airport with 2,3, or 4 hundred people, and request your permission to move these people from the airport or from the boat docks to the various hotels on Miami Beach and this, gentlemen and lady, is not the movement of a large number of,people who are poor and who need transportation within the municipal confines of Miami. Mayor Ferre: Mr. Dubbin would they have to come before us to ask this permission to do that before they did it? Mr. Dubbin: I think they can do it one time by Mr. Pino going to his travel agent friends, putting together a bunch of packages, come before this commission and say here are 3,000 people we are going to pick up month. Mayor Ferro: This commission would have to vote on that. It could be a future commission and we don't know who it will be. Mr. Dubbin: I hope that it can. I have read the ordinance and I know the ordinance in reference to special operations is very clear that each special operation has to be specifically apprpved by the commission. 88 NOV -71974 I wasn't that acre about charter .This is basically the problem of Red Top and American and I believe if I may be so bold to suggest Greylines as well, and 1 would request that if this commission is inclined to grant rights, that it would request and obtain from this gentleman a committment as to his intended use of this certificate if he gets these rights. I'll yield any questions. Generally Mr. Pino wants to cross examine me. Unidentified person: Murray are you saying that you are conducting illegal operations within the city without obtaining a certificate from the city . Mr. Dubbin: We have 37 certificates which we paid annual fees on for the past 36 years. Unidentified person: To the City of Miami? Mr. Dubbin: City of Miami, correct. Unidentified person: Taxicab permits? Mr. Dubbin: For -hire permits, Unidentified person: Taxicabs, not your buses, Mr. Dubbin: I am talking about Red Top Sedan, Unidentified person: Limousine service, --- Mr. Dubbin: Dick, you and I can debate this from now to doomsday, if you think we are not operating right you know how to, Unidentified person: I just wondered, if the City needs the money, you might be willing to accept Mr. Dubbin: The city has been getting paid the money, under our charter service we have public service commission service charges. Mayor Ferre: This is out of order and I appologize for not stopping it sooner. Mr. Dubbin: I appologive for becoming engaged in it, Rev. Gibson: Mr. Pino you heard what counsel said about the restrictions. One of the things that continues to bother me and trouble me about people who come before this commission is they ask us to do things and this is particularly true, like in zoning. Then after we say okay, we are going to weigh it with you, and we love you,--- and after you get the wedding feast, then you forget the committments made, like the man who.marries the woman then he forgets,(Rose no reflections) --for better or worse, for richer or poorer, in sickness and in health till death us do part", follow me? What I am trying to say is, he spoke of the restrictions. The reason that is important to me is let me raise two or three questions right now at this point. I heard on the news, where Coral Gables had recently turned over its bus system to Miami Transit. Okay, when Mr. Reynolds sold me keep that in mind Mr. Reynolds, because I am going to put you on the spot, when Mr. Reynolds was here, and Dr. Dyer I believe, some other time, I raised the question as to what such an arrangement would do to the industry, meaning the Miami Transit Authority and the and if the Miami Transit Authority would assume the responsibility of rendering the service, what has bothered me is Miami Transit has not come up with an answer and we permitted these people to come along and offer a solution, certainly but none the less they have, then let me put the other concern I have, I asked for Miami Transit to produce a letter, you remember that Mr. Andrews? did you get that letter? Mr. Andrews: No, I think the letter was to be addressed to you. 89 NOV -71974 Rev. Gibson: I want to tell you this, Theodore sits here now, and I still don't have that letter. Unidentified person: Hand delivered yesterday, Rev. Gibson: Mr. Mayor , you fellows don't know where I live. The Mayor sent me something night before last, hand delivered and I got it one half hour before I came here. Mayor Ferre: I gave it to the Manager to d.liver. Rev. Gibson: I got it a half hour before time, and I am going to write it in the record, I live at 3401 William Avenue. I have been in the Grove 29 years, even the average child would be abit to say, 'oh you mean up at the church' but they may not know my name, and that church has been there more than 50 years. Now I don't have the letter what I am going to do is call my office right'nov because if you hand delivered it, ----I don't have it and I want to say to everybody, I want to read the letter. Do you have a copy of it? Let's get it in the record, come forward and read it, and remember I am concerned about Mr. Pino, I am concerned about what Mr. Dubbin said. I don't like men coming and telling me, that it ain't necessarily so. Mr. Pino: Rev. can I answer your question and answer Mr. Dubbin also. Some people of the Greyhound and he knows that, I like it very much because they are big entrepreneurs, I am a small one, they would like me to work for them. Is that right. Unidentified person: If we could control you yes, Mr. Pino: What I am saying is, Mr. Dubbin said something and I have been abiding by the rules and the laws and I want to keep on doing that. I want you to know that have not operate anything for the last 6 months. Mr. Dubbin: Are you willing to commit to this Commission that you do not intend to come before this commission and apply for charter rights to move passengers from Miami International Airport to the hotels and motels on Miami Beach, and everywhere else in Dade County. Are you willing to commit that you do not intend to use your special operations to run in competition with the taxicabs and run in competition with the taxicabs amd run in competition with services provied by Greyline signtseeing Tours, and Red Top Sedan and the several other A-1 Bus lines and several other services that are in business today that do provide these services, are you willing to make commitment to that effect. Unidentified person: Mr. Dubbin, the commitment is what we will abide by the law and the certificate of concenience as provided us, and we will not make any sort of commitment, ---- Mr. Dubbin: 0f course, not because you don't intend to abide by any fixed route. Mayor Ferre: Let's have some decorum-s---- Unidentified person: Mr. Dubbin we will not make any commitments and not provide the services that this city needs and we feel that we can provide additional services by making additional applications within the City charter we certainly will sir, and if you don't like competition, I am very sorry. Mayor Ferre: I want to express my opinion, Murray I have known you for 15 years or so, I have known Mr. Pino about 2 years or thereabouts. I have a problem in this whole situation. In my heart, I think there is some kind of a seed for transportation for the indigent and needy and poor people. 1 9U NOV - 71974 Mr. Dubbin: We don't disagree with that. Mayor Ferre: I had the pleasure, and it wasn't always a pleasure, but in your case it was, to serve in Tallahassee, and observe with awe sometimes your ability in the Florida House, and one of the great things I learned from you, and I greatly admired you for was your logical conclusion on things without giving up principle, but always your concern for the need of people. That is why I think you were a great lesiglator, probably one of the base that Florida has ever had, and that type of thinking I hope is paramount in my mind when I think of the need of poor people who need a service they are not getting now. That is the heart side, the other side of it is this, that I share with you the concern, I also am a businessman and I think that the private sector, and it does not matter whether it is Greyhound or Red or Zilber or whoever happens to be affected, they also have a right for protection, by the government so they can exist and make a fair profit and prosper. in the other side is we have a governmental body called the Metro Transit Department which we do not want to in any way jeopardize or hurt, since they are us, the government, the taxpayers, --now this is the two horns of the dilemma, and I think what I am most interested in and I am talking now for Maurice Ferre, is to see this kind of service be rendered. The question is how is it going to be rendered. Let me tell you how I see this, from what I have garnered out of all of these discussions that have gone on in these chambers time and time again. It struck me when I heard it the first time, that this was similar to a like kids going to school where the bus goes by and picks them up, on a fixed route and takes them to a certain place and brings them back. The service is for working people basically in the Spanish speaking area of Little Havana and these are poor people. These are not wealthy people, and what it does is, it picks them up along a fixed route where they live, and takes them to places where they need to go, mainly to businesses. In my hjmble opinion, I don't think that that can be done with taxis because it is too small a unit. And I don't think you can economically takes somebody from Little Havana to Hialeah for 35c unless you do it in a larger vehicle, and this is just the way I am looking at it now. Mr. Dubbin: I am not sure I disagree with that. If that is your definition of the service and if that is the way the certificate will be issued, Mayor Ferre: If we make any progress on this, if we get anywhere near issuing it, I think it must be very limited to that and I think it ought to be that the moment that it goes beyond that it automatically ceases, that the permit will automatically be revoked. Mr. Dubbin: I would like to see that Mr. Mayor. Rev. Gibson: Mr. Mayor that is what I was trying to get to. I am concerned also that the taxi people, ----sir, you all represent the taxi business don't you? Let me ask a question, because I asked this before. Mr. Zilber have you seen these routes before? In -audible reply. Rev. Gibson: Mr. Mayor I think out of fairness to the business to the industry, that the routes should be made available and -----let me say this, I know how you feel, but I am going to tell you something. I want to express our I am in church business, and when I see those folks stealing my members, I get a little concerned and I think I understand what they are saying and what they are trying to tell you, if I hear you right, if what you are saying just by way of those routes, and that is what you are going to specifically follow, they have no objections so that means we don't have to fight about that part of it. What 1 am really concerned about it is, how does this fit in, with Miami Transit. The reason I say that is I remember about 2 years ago, I shall never forget this, and so sirs, I have a great deal of respect for you all because when there was a question about the jitney service out of Liberty City, going into Miami Beach, remember that, you all stood up here like men and said we have no objection, they render service we cannot render, nor do we render, and even we do not intend to render. I respect people who are 91 NO' 'NOV -7 1974 • that forthright. That is the way I am. Now, what I want to know is, Mr. Pino, can we get the same kind of committed dedication in your operation, plus I want to also raise the question and you can just take your turn and answer this, that once this man develops a business, I hope that Metropolitan Dade County Transit Authority isn't going to just gobble him up. Do you understand what I mean, after he develops it, since you won't develop it, okay, let me say this, Dr. Dyer, I want you to answer this when you get up here, I ask that question specifically and I'll tell you this, I don't have the answer. That will determine how I am going to vote, beautiful. Mr. James Crabtree: My name is James Crabtree I am with the firm of Smathers and Thompson, we represent Greyline Sightseeing Tours and also speaking for A-1 Sightseeing Tours today. I endorse what Mr. Dubblin said. I am not going to repeat it. I frankly came here today and my clients did thinking were dis- cusing a fixed route of operation we were not prepared to, and I assume from what the City Attorney has said the Commission is not going to consider any- thing other than a fixed route operation, and thus I won't address myself to it except to say this, that the Greyline and A-1 have provided charter operations within the city limits of Miami solely, and to other places from the city for years, offer Spanish speaking drivers on request, have operated dozens of tours simply within the City Charter within the last 6 months and while I think that any public carrier who would be knowledgeable, would have the responsibility to come to this commission and say to it, we can't offer this authority and tell the commission that, and on behalf of Greyline certainly I'll tell you, we don't have mini -buses, we have no intent of operating mini -buses and if this application were simply mini -bus operation as suggested over the routes that have been suggested, we are not in the position to com- pete with it, and we think that very possibly it is warranted. On the other hand, this application suggests that buses from 42 to 53 passengers will be used, and it says in the application they are looking for charter rights and thatis our business. We hold certificated authority from the Florida Public Service Commission, ----that would hurt our business , we operate night club tours within the City of Miami and sightseeing and operate other such tours. The point of it is on the mini bus, fixed tour operation, I think that is what the commission should be considering and the rest of it we don't have any opposition. Mayor Ferre:Thank you Mr. Crabtree for your statement, let me go on record now to Mr. Pino stating that I am philosophically for rendering the type of service that I think is going to be rendered . I am completely opposed to this type of service being expanded beyond the areas that you are talking about. I don't think that is anything, and I want to go on the record right now, that if I serve on this commission, and this should come up should this pass, and should it come up, I would be opposed to it. Because that would be contrary to the intent that has been stated here. Mr.Pino: Mr. Mayor, I want to give you my word and that is exactly what Rev. Gibson wants, that if I am granted a certificate of public convenience to do a fixed route service with special service, --take people to work on it, let's put it like that, things that cannot be done by Greylines or Greyhound or even the Metro Transit Authority. I will abide completely by that promise. Rev. Gibson: Mr. Lloyd, I am in sympathy, I want to do ~That is right and helpful but I am convinced that when this thing is done I want you to spell out, can that be done? Mr. Lloyd: Yes, sir but there is one thing that concerns me was what Mr. Pino said, just now when he went on record. He said that he would comply, he has to comply or else you take his permit away, but what he said was, that he would comply with the mini -bus fixed route service and the special service. Now you can only issue him a public convenience and nec- essity certificate for the fixed bus route service. Rev. Gibson: I am not talking about no special, I don't know what that is. I am talking about a fixed route as they outlined going to Hialeah and through Little Havana. Anything more than that, I am not going to vote, I'm like the Mayor, plus before I vote I want to hear what is this relationship to your operation. So you have at least two sympathizers at the word go in your behalf. When I heard Mr. Schiff and those and you, you said tl 1 NOV -7197, that as long as it is not a special or chartered service, you have no objections. Mr. Crabtree: I was speaking only for Greyline in that. The joker in this if; special operations, Father. Rev. Gibson: We are not going to put that word in there. We will have to deal with that in another ball game. If we can write that you see, I have to be kind of fair. I tried. Unidentified person: Father Gibson, on our application, we have no intention of going into the moving of tourists or sightseeing business, and the only special operations that we may come before the commission and in each instance we have to come before the commission specifically with a special operation which we would like,wili be only to move passengers going to and from work. We are not going to go into the moving of tourists or the sightseeing business under circumstances. Mr. Plummer: Mr. Lloyd, as I understand it, they can forget about right now because of the application, one the charter service --we are not even hearing that. CONTINUED ON FOLLOWING PAGE - • 93 NOV •71974 4 Mr. Plummer: Number 2, the special services, We can't even hear that right now. Mr. Lloyd: Not now. Mr. Plummer: Ok. So rally what we're talking to and everybody should contain their conversation to is just fixed routes. Mr. Lloyd: Now there is one thing I should mention to the Commission so as the good Father says, "Let it all hang out". I should take mention of Section 56-95 which very properly the applicant has brought up having received his, assuming he receives his certificate of public convenience and necessity for his fixed route service he may apply before this Commission, thereafter for special trips or special services under the ordinance. So you must know that. He may apply; you don't have to grant it but he may apply. Rev. Gibson: Look, let's everybody understand. My brother, I'tr up here. I'm going to keep my promise and committment because let's be fair. We want to protect everybody's equity and interest in the business. Now otherwise we're not going to be true to ourselves. Now so that you may understand me and you won't be disappointed me later on, I'm not going to vote for no special business for you. Do you understand? I'm willing to vote for the fixed route because you take care of a specific condition that as of now the Miami Transit Authority has not addressed itself to or cannot and from all indication the Taxi business people told us they were not interested in that kind of thing and that your operation will not affect their operation. Is that right, sir? Oh you want to speak. All right So if you'll answer right now so we can know where we are then... Mr. Sigmund Zilber, President of South Florida Taxicab Association: I under- stand his application to be seven routes. Six of these routes are fixed over from one point to another going down main thoroughfares from 27th and Flagler to the Civic Center and 27th and the Trail to the Civic Center to downtown from these points. These would be in direct competition to the MTA and to every City of Miami Taxicab that's issued now. The #7 route which is from what I understand a route that is going to go into any area of the City of Miami or Little Havana and pick up people and take them to work is something new. I agree to that. I don't know if that is considered a fixed route though. How can you have a fixed route when tomorrow I can call up and say pick me up at such and such an address and maybe tomorrow you don't pick me up at that address, or the next day and the following day four other people call up and say pick me up at my house. This is no longer a fixed route, this is a Bial- a -bus, a dial -a -cab, a dial -a -whatever you want to call it type of system. Mr. Pino: I think there is just a little bit of misunderstanding here. The route 7, the only thing that we gathered routes that is very badly needed from one place to the other there is because as the Mayor pointed out in reference, and just in reference to that route, we will like to make this pool, this sub- scription bus. And this is as I said before, this is nothing that is in my mind. This is something that has come from studies and if I might, I can show it to you. UNIDENTIFIED SPEAKER: From the application, Mr. Mayor, it is a fixed route at fixed intervals under fixed conditions. Now the only reason we are dis- cussing here, what we discuss as special services is that we may incorporate in special service, and may ask the Commission to do so as feeder to this route in the future. Now we are asking the Commission today only to address itself to the fixed routes under fixed conditions. Mayor Ferre: There are two points that Mr. Zilber made and I want to respond so I hope we can move along on this thing. Any route where Metro Transit Authority already has a service, you don't expect for this Commission to grant you that. If there is a bus that goes down the Trail and goes to downtown Miami you're not going to compete with that. Mr. Zilber: Mr. Mayor, he's asking for that. There are bus routes that go on Flagler Street now from downtown to 27th Avenue. This man has come in here and asked for a competition route. Mayor Ferret That doesn't seem reasonable to me, Mr. Pino. Now the other thing that he was talking about was, and you've answered that, what you're talking about in that green line going up to Hialeah is a fixed route. You're not going to go ten blocks off to the left. 94 NOV -71974 Mr. Pino: No, correct, Mr. Mayor. Let Me put it this way here and we are aware of this in here. To operate, and this is so you can have a demonstrat- ion of what can be done; this demonstration will take for a year. To operate Route #7 it will take 8 mini -buses running every fifteen minutes. That is the sequence that will take it. Now what we would like to do in here is we don't know exactly and that is why I made that map for you of that specific plac'9, what 1 think is the most needed place for transportation to work because people don't have money to pay for the car or the gas, etc. What I will ask at this point is that if you allow me, and this I said before last time that I was here on the 27th of September, if you allow mr. to go :head and implement in a pilot way, that's route #7 to service specifically the needs of these people that have been established then we can see what we can do with the Taxi -cab industry or to Metro Transit and then maybe the Taxi -cab Industry is going to find out that if I get more people out of the cars they're going to have more riders. It could be. Maybe Metro Transit is going to find out that people wanted to come to our main route to pick up our bus every fifteen minutes to go to Hialeah. That is a possibility. And the only reason I'm asking you is let me explore that. And I think that if I may ask Mr. Zilber, Mr. Zilber, can you in a five passenger car take five people to Hialeah for 35 or 50 cents? Mr. Zilber: We all know we can't do that. Mr. Pino: Ok. That is the point. Besides the point, you know people are getting tired.... Mayor Ferre: We're going over the same area over and over again. Let's move along. Is there anybody else that wants to talk on this? Mr. Zilber: I want to understand Mr. Pino again that his route from Little Havana to Hialeah is going to be a route that is going to be described so everybody knows where it goes. It's not going to go door to door like the school buses do and pick up children from house to house. No he compared it to the school bus. Mayor Ferre: I did. Mr. Zilber: He also did in his presentation, Mr. Mayor and that led us to believe that he was going to go door to door and pick these people up. Now if he is going to go on just a fixed route that is the MTA's business, I feel. But if he is going door to door that's Taxicab business. Mayor Ferre: Except the MTA doesn't have that particular route. It doesn't render that particular service. Mr. Plummer: Mr. Zilber, do I understand you to say that you, representing the cab association have no objection to Route 7 if it is a route and not a door to door. Is that right? Mr. Zilber: If it is a route from the Little Havana to Hialeah for working people in the morning and afternoon we have no opposition. Mayor Ferre: All right, Dr. Dyer, let's get you on Mrs. Gordon: I have a question to Mr. Zilber. Did you ever start that pilot taxi Mr. Zilber: No, ma'am we've been waiting to hear if the City Attorney has drawn up a new ordinance. We thought that would be on the agenda today but we saw it wasn't. Mayor Ferre: Why isn't it? Mr. Lloyd: We've drawn that up quite some time ago. I think it is going to be on the next agenda Mr. Andrews: Yes, I can give you an explanation of this. Mr. Mayor and members of the Commission, one of the predicates before placing this on the agenda was the letter that you were to receive, Commissioner Gibson, where you raised the question that if this experiment becomes successful and this becomes a permanent method of operating will the Metro Transit Authority become involved in such a way that it would discourage its use and you wanted to get that assurance before we went any further. 95 NOV - 71974 Rev. Gibson: Doctor, afire you and Mr. Zilber now... At this point, is that tight/ So we're friende, we aren't treading on your territory. Is that right/ Mr. Zilber: Not as long as he':; aoiig on a fixed route, no, sir. Mr. Les Eisenberg: Excuse fie, n,. Zilber represents the South. Florida Taxi- cab Association. Mayor Ferre: Excuse me but I'll 'recognize you in a moment but I had said that I would recognize Dr. Dyer next and I'll recognize you after this gentle- man here. Rev. Gibson: Doctor, what I have a concern about is you know I hate to see these people make the investment and after they make the investment it becomes a lucrative business. You know? And then you say man, I'd better get that. I just want to make sure we understand where we're going and that we not be backed up in a corner. I was reading that letter Mrs. Gordon: While he's looking, how many passengers on those little mini- buses are you talking about? Mr. Pino: Twenty sitting passengers.m We have some standing spaces. Rev. Gibson: Doctor, before you speak, I'm sorry but I want to tell you this. I don't read too well but Mr. Andrews, this doesn't answer my question. Mr. Andrews: I haven't seen it. Rev. Gibson: Oh you haven't seen it. I don't read too well, Mr. Lloyd is a good reader. Let Mr. Lloyd read it into the record. Mayor Ferre: Father, while he's reading it let's move ahead because we're going to be here until 9. So would you make your statement and let' s see if we can move a little bit quicker now. Mr. John Dyer: Mr. Mayor, members of the Commission, my name is John Dyer. I serve as the special assistant to the County Manager and the Dade County Trans- portation Coordinator. My responsibility is the developing rapid transit system, The Metropolitan Transit Authority or Agency as it now is called, the Taxicab development system within the unincorporated area and the responsibility as executive coordinator of the Comprehensive Transportation Planning Process which is a manditory state and ft:deral requirement prior to receipt of any state or federal funds for transportation whether that be roads, streets, arterials, expressways, transit of any type, buses or anything else where state or federal funds are involved. What we have before you are a number of things that I would immediately; with your pleasure, want to get into the record. There are three separate documents. The first is a letter from the County Manager, Mr. Ray Goode to the Mayor of the City of Miami, the honorable Maurice Ferre. The second item is a policy statement about ground transportation ser- vices in Metropolitan Dade County that we believe represents both public and private involvement and investments and it would work towards a balanced com- prehensive transportation system. We think that there are areas that need to be reconciled but on balance. We believe that this approach as a policy state- ment would lead to that direction. The third thing I want to present for the record is an analysis of potential fund losses depending upon how people go to and from the current MTA system. I will get into that in a little more detail in just a minute. There are before you two maps and 'm going to get these turned. The first one that you now have being turned up is the MTA Route System. If you will look at that with some care you begin to see that there are three colors on that, orange, yellow, and green. They are dated by when the transit service was in existance, the 1962 system, the updates as of 1970 and then the newer express routes that are marked in green that are even newer than the yellow routes. Now that route system presently carries a hundred and seventy thousand people a day. Its most intense place in the entire Metro- politan area is in the area that is being proposed by Mr. Pino for his fixed route system. There are a total of 2E routes that go through that area. The level of service is less than 14 mile route spacing which is the highest level of service that can really be generated. The headway is less than 10 minutes. It is the most intensive service in south Florida in the State of Florida and even almost in the southeast with the exception of the core city of Atlanta, Peachtree Street. Now further, I would like to proceed by indicating that of the 24 routes served that go through the area, let's overlay, if we can, proposed 96 NOV 71974 mutes that are edited by the proposal you have bete you. There are 7 total routes. You can see that route structure versus or proposal versus the MTA ayeteM. The route 7 has been discussed at length, is as you can see, cov- ered by a route now that MTA has. It is in fact, about a quarter of a mile off of the proposed route, 27th Avenue. I would point out....INAUDIBLE Mayor Perre: You can get on in Little Havana and get up to Hialeah? Mr. Dyer: You can go through and up. You have to go through town. Now if I might, Mr. Mayor, point out that in the Metro budget for this year there is the exact proposed route that goes exactly this direction. We do not have it operating at this point because the budget just did get passed a very short period agp. But there has been planned, it is in the budget, it is available for inspection at any one time. Mrs. Gordon: You mean without going downtown? Mr. Dyer: That's right, cross town route. Mayor Ferre: You mean you can get on at Little Havana and ride without getting off the bus all the way up to Hialeah. Mr. Dyer: That is the budget proposal, yes, sir. Can you point it out, Mr. Tubber, please. M. Tubber: ....from 37th Avenue comes right in Flagler Street into the downtown area comes up into the Hialeah area. It branches off and comes straight up Palm Avenue in this area here when it gets to this area. We also have routes 28 and 29 which come in in the southwest 8th Street quarter, come up through in the North Miami area quarter, come across W. 54 Street and both of them go up Le Jeune Road. Mayor Ferre: Well what is the time schedule from one point to the other. Mr. Tubber: The exact time, about...(INAUDIBLE) Mr. Dyer: Headway would be 40 or 45 minutes. UNIDENTIFIED SPEAKER: Half an hour on that proposal. Mr. Dyer: Thank you, Mr. Mayor, I would just like to continue because I can finish it very rapidly. I would like to call your attention please to pages 14, 15, 16 and 17 of the Policy Statement. In essence those are the standards we believe should be applied by the county, any of the municipalities, anyone else considering any form of public or private transportation services. Basic- ally all we're saying is there should be a clear demonstration of demand, the need for such services done in accordance with accepted survey techniques by transportation engineers or anyone else. The findings of those studies should determine that there is ,a demand for the service. The second thing that is important is the question of the capability of the existing public transport- ation system to provide services. If that capability is there we believe that should be weighed at any point in time. Our position, of course, in this case is it's the most intensive that can be provided. The third thing is, or virtually can be provided. The third thing is the question of the service features of any proposal, how many vehicles are involved, what type of vehicles are involved, what about the insurance involved with the vehicles, what about the stops, the routes, the headways, the operating cost figures, is it going to be in the black or is it going to be in the red operation which will require higher rates. What about the question of vehicle maintenance facilities, what about the question of vehicle drivers, trainers and other things? Now the fourth thing that is the most important, we believe in this case is the question of service impact. Now the point being any transit service must draw riders from somewhere. It either draws them from the automobile, it draws them from the pedestrians or new transit trips which are not at all or it takes them off the existing transit service, i.e., the present MTA system, the present Coral Gables System, Taxicabs or limousines. Now we have estimated based upon various levels of service that might be contained in this proposal what the effects of that type service would be on the MTA System. Page 2 of Item 3 that I entered into the record basically reflects the number of routes that are involved in this service area. You can seeeach route number beginning with double b through number 37. You can see the third column, pardon me, the fifth column from the left is the daily passengers carried by these, and the passengers, we did not add up the total but the passengers are a little over 22,000 passengers a day carried in this area. Now based on that, if 5% of those passengers, 1100 97 NOV . 71974 • passengers a day come off the MTA system and go onto the proposed system. The next page shows you that that will cost the MTA $77,000 a year. It will have to be either additional subsidy from the City of Miami or sub- sidy from Dade County - It will be an immediate loss to MTA of A77,0O04 if it is 5%. It' will be 10% 154,000 and so on up. General fund tax dollars will have to make 'that up. Presently, MTA is subsidized at 5.2 million dollars a year, their operation is. It is not a profit making operation and never has been in the. last two or three years. No public transit system in the country snakes money today. They are all loosers. It is important that they be understood as a public transit service for all public people. Finally, I would simply like to indicate, Mr. Mayor and Commissioners that there are a number of planned service improvements that are not identified on this. There are 9 mini -buses being delivered in Dade County, end of February, '75. They will i>a operational throughout the entire Flagler Street and downtown area alone. There is of course the Coral Gables Municipal Bus System will be mergirto February 1 with the Metro Transit Agency which will add another 54 buses :.o the MTA and there is an application pending before the U.S. Urban Mass Tr.:Isportation Administration for 159 additional buses which we expect to be funded before the end of this fiscal year. That is the volume we're talking about, almost 700 buses from 455 now. Finally, I would simply want and i= substantial concentration of services. Finally, I would simply want to indicate two additional things: First the reference to the study that Mr. Pino has made. I would like to have those recorded, if I might but if I am correct about the first one, the evaluation of rail rapid transit and speeder bus services is a study done by the Institute for Defense Analysis which basically was oriented towards justification of rail rapid transit systems where the corridor capacity was in excess of 20,000 and how you serve 20,000 people an hour with surface bus feeder systems around transit stations, that's the whole purpose of that system. It has nothing to do with surface bus in a metropolitan downtown CCB areas. Mr. Austin: That is not the study that was presented to the Commission. Mr. Dyer: Would you please site it then again, please. Mayor Ferre: Let's not get into a discussion.... I have 5 minutes to .... Mr. Pino: Mr. Mayor, could Mayor,Ferre: Not now, Mr. Pino, I'll recognize you in a minute. He just wanted to know the name of the study you were siting. If you have it avail- able just read it into the record. Mr. Pino: It is in between there, it might be a mistake but the citation was.. Mayor Ferre: Well, while you're looking for it, continue, Doctor. Dr. Dyer: Thank you. The final thing that I would want to indicate is that in the question of the certificate, an elgibility of certificate has been raised. I da believe that a review of the case of the 1962 case, I believe officially cited as state versus Dade County, the State Supreme Court did hold that it was not necessary for MTA to have a certificate after it became a public agency. That is a State Supreme Court ruling. I stand to be cor- rected, but I believe that to be the case. Finally, the point being that we believe that these services in no way be interpreted as being complimentary. We believe they might be interpreted as supplementary but most likely they're competitive. They clearly are on the same routes. It is a question of how many people ride the MTA service, how many would come from automobiles and how many would come from taxicabs and jitneys and limousines. Now the quest- ion is if you're talking about picking up new transit riders from automobiles that's one thing. If you're talking about simply transit transfers from one public transit service to another public transit service that can simply offer no value to the public transportation system in this metropolitan area and to the City of Miami, perse. It is an important thing that I emphasize further, the trend obviously in every major metropolitan area today is toward a large scale public transportation system subsidized by general government funds en- forced by potentially state and federal funds. There are pieces of federal legislation pending which would enable public transit service to receive sub- sidies in order to maintain improved services. But as calculation of that is based on riders, thus if MTA system starts falling off the availability of federal and state funds to subsidize potentially would be reduced by that amount which means you may loose another hundred thousand or sq'federal dollars 98 NOV - 71974 if the ridership falls off, an important point that I would want to point out. Finally, I appreciate the opportunity gentlemen, Mrs. Gordon, I appreciate the opportunity to make this presentation and to indicat,s its relationship to the present service. Rev. Gibson: I think I need to say this: You're a little late for us. What I'm trying to say is I wish you had come earlier. Unfortunately, we have been asking Mr. Reynolds and I want to tell you we haven't been getting this kind of answer. We really led this man down that primrose path. There ain't no question about it, we led him dawn that path. We led him because it was even asked, Mr. Reynolds, can you remember this? Wait, I don't want to go get the record. You remember I kept asking you could you all render this service, would this be in competition. Do you remember that? Did you tell me you had any objection to this service? Mr. Reynolds: To this service? I consistently.... Rev. Gibson: No, Itflt talking... Doctor, wait a minute, you weren't here. Let me tell you, I'm not going to let that happen to those people. Listen, when those people came here and they had a package and Rose had a package I specifically asked, I also asked the taxi industry. I want you to note how consistent I am in my asking. I want to tell you this: The Miami Metropolitan Transit Authority at no time directed us in the fashion in which you have today. We did not know, and I think all of the Commissioners could verify thi, we did not know the service was there nor were we told it was in the budget con- templated. Ok. Dr. Dyer: May I respond to that sir, just one thing? I think there is an explanation, sir. Basically there have been three different proposals. It has been very hard for us to cue on these proposals in a short period of time. Now at the last hearing in which both Mr. Reynolds and I were present we did express serious concern about the proposal but we were unable to evaluate it carefully becuase of the way it was submitted. And it has been totally changed since it was submitted earlier as a dial -a -bus system. Mr. Reynolds did express pretty vehement opposition, as I recall, and I know that I was a little more reserved than he was in concerns because I hadn't had a chance to look at it. We have analyzed this one pretty carefully, Mr. Mayor and members of the Commission. Rev. Gibson: I want to apologize, but I want to say I was led to believe and maybe because I'm a little dense that Miami Transit wasn't going to furnish this service or was not furnishing it because I warned Mr. Pino when he first came. I said, Mr. Pino, I don't want to put you into opposition with the Miami Transit Authority. INAUDIBLE Rev. Gibson: All right. Ok. I just want you to know that we here try to be consistent. Mayor Ferre: A11 right, Mr. Reynolds, thank you, Dr. Dyer. Now we will hear I think Mr. Gus Marine was the next speaker and then you, sir. Mr. Gustavo Marine: Honorable Mayor, my name is Gustavo Marine. I am a civic leader in the City of Hialeah and I think I have the right because I ran for councilman in the last election Honorable Mayor, honorable Commissioners of the Miami City, my voice here tonight is to represent the neighbors and citizens of the City of Hialeah. We don't come into here today frictions, or to create interests of big companies or what Mr. Pino is after to this Commission today. I come here special today to see what the problem we got in the City. And we have problems in the City with transportation. I hear what the MTA says but MTA don't say the route 28 delayed one hour and all of those people stay under the sunshine at 3 or 4 O'Clock waiting one hour for the bus. And when that bus goes to Okeechobee Road or someplace in.... The obstructing traffic in Hialeah, because Hialeah, It's a city prison between 6 and 8 O'Clock and between 3 and 7 O'Clock in the afternoon and that bus may take one hour and a half, sometimes close to one hour and a quarter to arrive downtown and our workers in Hialeah who want to come into the City because everyday 5000 automobiles come into Miami sometimes with 6 and 7 workers in the car because you don't know that but everyday cars from Miami with poor people who don't have an automobile pay two dollars a week and 6 or 7 come in their automobiles to the factories in Hialeah, not only for the garmets. We have factories in the west. We have factories in the east and everyday there ya NOV -71974 • • there is a jamming of Okeechobee Road because we have an over density of transit in Hialeah for the reason because 5000 automobiles come in to bring workers to Hialeah and so far people in Hialeah who live in downtown do the same thing. Because why? Because we don't... in Hialeah it is easy to talk here.... But I don't see the taxis in Hialeah because you know how much it coats a taxi to come ih Hialeah from downtown? Fourteen dollars and that not including the tip. Where is Greyhound when we have problems in Hialeah? Where is the MTA when we have problems resounding? You don't know MTA is going to give service in Hialeah this Sunday, only to 29th Street and Hialeah is ... On Sundays in the afternoon after 12 O'C1ock we don't have a bus in Hialeah. What do you expect, we come into the downtown walking by walkside. We need buses in Hialeah.... For the benefit of the poor people who can't pay the taxis and we can't wait hours. You don't know, we have the best shopping center in Hialeah, the Westland Mall. Hundreds and thousands of tourists from Latin America come into the downtown and... because all the business are closed in Miami on Sunday. But in Hialeah are open and we are counting for all these tourists to go in Mini -buses to Hialeah and we can re- ceive more income from that tourist who don't understand nothing. Because they can't, the poor tourists of Latin America can't pay fourteen dollars to buy some clotheb in Hialeah. That is a point I come in today to see you. We are certain we have in Hialeah, the problem we have with the taxis. When the mini -buses run to Hialeah every 15 minutes I guarantee you all these people who pay to go in the cars and sometimes when the owner of the car is sick seven people of working can't go and make the salary everyday because the driver who was sick and the rest of the people who go everyday in the car can't go and work in Hialeah and loose the salary and the family who will receive that income less every week. We need more bus transportation to Hialeah. Democracy is free enterprise. It is not what the big company wanted... It is more people who want to create something,in the benefit of the people. I come in today asking justice for this Comn?ission of Miami by the people and for the people not for the interest of the big company. Thank you very much. Rev. Gibson: I would like to respond. Sir, just keep in mind that isn't a big company - that is our company. That is our company meaning the people's. That's what they were telling us there that if they loose money; I want to make sure you understand this because I understand your concern. If they loose money you and I are going to pay for it through taxes. Now it seems to me that Mr. Reynolds, where is Dr. Dyer? He hasn't gone has he? Mr. Reynolds: No. Rev. Gibson: You heard what this gentleman said about all of that time lost. Are you going to deal with that time? UNIDENTIFIED SPEAKER: I would like to sir, if I may. Rev. Gibson: Ok, please. Vice -Mayor Reboso: Will you please state your name and address for the record. Mr. Martin: E. Morrison, 5018 N.W. 7th Avenue, Vice President of Transport Worker's Union Local 291. I represent all the workers of MTA, Vice.Mayor and Commissioners, you know I've been sitting here today I guess about four or 'five hours but this is not the first meeting I attended. This is about the fifth one I attended with Mr. Pino and you know I'm confused because I don't know what he wants. First he came in talking about a service to X point to A point then he came back and talked about a point of Z to X. Now he's talking about another service. They were talking about apples and oranges. Now I wish, you know like I say, I'm a workig man and I know what is going on ...about 13 years and I should have a little experience in it. I wrote some questions down that I didn't hear mention about. They always talking about the poor people, what can they do and what can't they do but nobody has seen a 10-W form, what they have. (1) I would like to know how much will it cost a person to ride this bus from little Havana to Hialeah or wherever they're going? I never heard nobody say nothing about a fare. Next I would like to say I see no special price for school children. I'm sure they're going to carry school children. Next I see no special price for senior citizens. All these things concern me. because I classify myself in the poor minority. Next I see nothing about Saturday and Sunday service. I heard the gentleman say something about MTA don't afford any Saturday and Sunday service and holidays. We do furnish a Sunday, Saturday and holidays and why he didn't mention this because if anybody knows these are slow days of the week or the year or the month and many people don't ride because they go to the beach and 1UU NOV -71974 play golf. But we working people have to go to work and MTA Irovides this kind of service. Next I heard about mass transit. I say this at my last presentation that the federal government are spending billions of dollars on mass transit and all tax payers help pay for mass transit and I don't know when mass transit is coming to Dade County but it is coming and I heard Dr. Dyer say that within the next year we will just about double our bus service. I don't want to be here just duplicating service and nobody riding the service I done, you can find about two, three O'Clock in the day MTA buses are running empty and I know if you have a mini -bus service the same thing will happen. I've got a couple more questions. If this service is my thousand members plus want to apply for a license to run from Flagler 3treet to the City Limit north because we going to be out of work and I think the unemployment rate now is about 6%. If you don't have anybody riding the bus you don't need no drivers. My last thought is I just wish someone or somebody would really give me a flat route which Mr. Pino is going to run and I'm sure if the Com- mission would see fit and the D.O.T. sees fit and the mass transit sees fit and the Coral Gables see fit he would get this license but on behalf of my members on the present proposal, not the apples oranges I heard before we stand against this proposal. Thank you. Mayor Ferre: Thank you. All right, we have.. I think you were the next speaker. Mr. Les Eisenberg: Les Eisenberg, Big Ten Taxi Corp. My address is 2079 N.E. 123 Street, North Miami. Gee, I wonder if I shout that loud if you'll applaud? IF I SHOUT THAT LOUD WILL YOU APPLAUD ME? No, I don't think so. You know, I represent approximately 30% of the City of Miami taxicabs. Big Ten Taxi has approximately 50 and some 70 Yellow Cab owners. That is 30%. SFTA represents approximately no more than 20% of the City of Miami taxicabs. You know, Theodore Gibson, you made a statement before. You said "We led this man down the primrose path." I'm sorry, he led us down the primrose path. I said the last time I was here when there is a conflict between imagination and will imagination always wins out. He showed some beautiful movies, Rose. They were beautiful movies. He has painted a beautiful picture. But I also said that there is something that we haven't looked into - the credibility of the need. Now I also said that I don't always agree with Dr. Dyer. But I agree with Dr. Dyer today. The fact of the matter is there is a need. I do care about the poor people. I care about the ethnic groups, this group and that group and I'm sure there is a need and Ian sure there is a lot of poor people sitting here right now. The fact of the matter is those poor people, the only way they're going to get transportation is if it is subsidized some way shape or form maybe through taxicabs, maybe some other mode of transporta- tion. There's not enough of them and if we do provide this transportation as Dr. Dyer said it is going to hurt MTA and it is going to hurt everybody's pocket including the poor people's, the people that pay taxes. Now there is something which Mr. Pino said which nobody here seem to kind of let it roll off the shoulder. He said something about these vehicles would be leased; I think he said that. He was going to secure drivers that had their own vehicles and these drivers would drive their vehicles over these prescribed routes. Well that is nice. You know, I've heard of taxicabs being leased. They can go anywhere and everywhere and we have a certain amount of control. I don't see how you can maintain control over vehicles, mini -buses going over prescribed routes. Suppose they don't make enough money. What is to stop them from going into a shopping center and picking up a bunch of people and taking them home from shopping? There is no way this can be controlled. In fact, Mr. Pino's track record, and I'm sure Mr. Schiff can give us a heck of a detail on Mr. Pino's track record. I'm talking about the number of times he's been before the Public Service Commission. I'm talking about his going into the Miami International Airport and picking people up when that airport is already contracted for for Yellow Cab. His indiscriminate abuse of exist- ing contracts. 101 P.r �� i- 7 1974 Mr. Eisenberg: I sayl this, there is no way he can police this system, and what this will be is tantamount to a gypsy cab system that they have in the City of New YOrk where sypsy cabs precede the city of New York buses and pick people up, multiple pick-up and drop-off and is literally if you have been reading the New York papers the City of New York is losing a fortune, a small fortune, or large ones. Mr. Pino would you like to say something? Mr. Reboso:Mr. Eisenberg I have a question. How many taxis do you have? Mr. Eisenberg:Do I personally have? control approximately 44,----- Mr. Reboso: How much do you pay for each license to the City? Mr. Eisenberg:You say pay for each license, you mean what it costs to maintain that certificate, I believe it is $25.00, $75.00 a year, Mr. Reboso: When you lease a taxi how much do they pay you. Mr. Eisenberg: That depends on the vehicle that we lease, but I would say the average lease in the neighborhood of approximately $150. to $160. throughout the Yellow Cab System, a week. Mr. Reboso: That is $8,320. dollars a year? and you pay $75.00 for the Mr. Eisenberg: Do you know the expense to operate the Yellow Cab. System. Do you know what Yellow Cab pays for liability insurance, are you aware of what Yellow Cab pays to have the airport contract? Are you aware of all these expenses, ---are you aware of the management and control that is necessary to operate a fleet of taxicabs. I think we are getting off the subject. Mayor Ferre: We are not here to judge the taxicab industry. Mr. Eisenberg: I would like to address myself to what Mr. Reboso was about to say and I think I can almost read his mind, and in all due respect Mr. Reboso, what you want to say is this. You have been approached by some cab drivers and they told you they are being 'gouged', they are not being gouged Mr. Reboso. Mr. Reboso: I have been approached by taxi drivers for the past 15 years and have been working in that airport for the past 15 years without a license. They have to list the license. I don't know why the city has frozen licenses, I don't know why a person that has been driving a taxi for 10 or more years doesn't have a right to have a license, ---- Mr. Eisenberg: Mr. Reboso you are being approached by a group of men right now, that are trying to organize and unionize the Yellow cab system. The Yellow Cab owners are not going to allow this to happen. They want to do very similar to what the truckers did to the teamsters Union. aspects of the cab industry or otherwise. I don't even see Mr. Blanco here today. He is sick or he would be here, and he has already testified how he feels. Mr. Reboso: We have been approached I think in the last meeting by concerned citizens of this community and I can name Mr. Louis Sabenes, President of the Latin Chamber of Commerce, Raphael Villaverde from the Senior Citizens I read the letter of Mr. T. Willard Fair sent us regarding the mini-aladios, Mrs. Cofino who spoke today, and I think, the point is this, I don't agree with the facts of Mr. John Dyer gave us because all the concerned citizens are telling us the same thing, that they are not using the MTA or the taxis, they are mostly car pools, going to the factory, so I don't see how these people are going to be hurt in the way they are telling us here in this memorandum,that Mr. John Dyer sent to us. I think the transportation problem will be relieved with coordination, pilot projects, like the one the taxicabs presented to us a few weeks ago, and the one that mini-aliados is presenting today to the city commission, and I think they can co -exist, and believe me, the first time I am for co -existence. On the other hand, I agree with Murray Dubbin, that we should not give Mr. Pino a special operation license or 104 NOV -71974 charter rights, or anything else except the certificate of public con- venience for fixed routes, what we are talking about today, for mini -buses. t think Mr. Mayor: on those bases, and giving Mr. Pino his word that he is going to do whatever the City Attorney tells him to comply to, I move that we approve Mrs. Gordon: Will you tell me how many vehicles you are, talking about in total. Mayor Farts: Mrs. Gordon I move you out of order because this gentleman to my left is about to make a motion-R---he is in the middle of making his motion. 1 Mrs. Gordon: Mr. Reboso would you waive your motion until I get my answer? Mr. Reboso: Okay, commissioner. Mrs. Gordon: How many vehicles are you discussing . Mr. Pino: For this fixed route, we should get 8 vehicles and Mrs. Gordon: Eight vehicles to service all your routes? Mr. Pino: ----for route 7, that is what we are talking about. Mrs. Gordon: You are talking about route 7 and are talking about 8 vehicles. Mr. Pino: For that particular route, yes, Mrs. Gordon: What are you talking in total, ------ Mr. Pino: You want the total buses we will be using if we are granted the permit. Mrs Gordon:'' what are you asking for? Mr. Pino:We are asking for all the routes, we are talking about 8 buses for route 7 and every one, with the exception of route #1 they take 6 buses, each route. Mrs. Gordon: Fix times six is thirty six plus 8, you asked for 47 permits Mr. Pino: No.Not 47 permits just one permit. Mrs. Gordon: 44 vehicles, you want to run 44 vehicles? Mr. Lloyd when .and if such a thing is granted is there any limitation on numbers of vehicles that can operate under that, license? Or does dne certificate Permit as many vehicles as wanted? Mr. Lloyd: As a matter of fact, first, in each application for the permit he specifies the vehicles. He gets a permit for each vehicle from the Chief of Police, further it says here a certificate meaning the certificate of public convenience and necessity, shall also have stated thereon such additional terms conditions and provisions and limitations as the City Commission may deem necessary or proper in the public interest, therefore if you wish to place a limitation, you may. Mrs. Gordon: In otherwords, you can limit the route and the number of vehicles for that particular route, is that what you are saying? Mr. Lloyd: Yes. 10 Nov -71974 Mrs. Gordon: Not a carte -Blanc,-- - Mr. Lloyd: No,---- Mrs. Gordon: In regard to your route 7 Mr. Fino, you said you'd have a 15 minute head -way, you would be running 8 buses, of 20 passengers each, how many hour a day, and how many days of the week. Mr, Pino:We will be running from 6 in the morning till midnight, and the only change in service will be after 9 PM and will be every half hour, and this will be every day of the week, with exception of week -ends, we will run it the same way, but every half hour, all the way through. Mrs. Gordon: You will run every half hour on Saturdays and Sundays, you will run every 15 minutes from 6 c'clock in the morning, to 9 P.M. and that would be a fixed rcute as delineated in your book and called Route 7, right? Mr. Pino: Yes, ---- Mr. Plummer: So we are not playing games, and I don't infer that, but is it your reasoning or questioning that if he doesn't provide this it is a violation and possible revocation of the license, is that what you are getting at? Mrs. Gordon: You bring up a good point, I wasn't getting in it, but that is a good point. I wanted information that was not supplied before. Mr. Pino: That is correct. Mrs. Gordon: I waive any further questions, I don't know what motion Mr. Reboso has in mind. Mr. Reboso: I move for the approval of a certificate of public convenience for the fixed route that Mr. Pino presented here, ---- Mrs. Gordon: All of them? Mr. Reboso: You want to limit the number right now, we will limit the number. Mrs. Gordon: I express my personal feelings,.I feel like this, --- Manor Ferre: The man has made a motion, --I have a right to cut you off7--he is making a motion, and let's see if he gets a second, if not, see if he amends it, then under discussion I'll will recognize you to say whatever you want, now, we have a motion on the floor, is there a second? Does Mr. Reboso's motion have a second. For lack of a second, the motion dies. Mr. Reboso: How many routes Commissioner Gordon, --is she willing to approve? •Rev. Gibson: Mr.iReynolds, I want to be true to myself,the way I understand all of this discussion, even though I misinterpreted you and because as it was said. apples and oranges got mixed up,so please accept my apology, I really mean that. I concluded from what I heard you and the taxi people say, that a fixed route like No. 7,(I am only talking about No 7) would not be injurious to the business as a whole. Mr, Reynolds: No, Father Gibson, what Dr. Dyer had just finished telling you is that we are contemplating putting an almost duplication of that route into service within the next few weeks or months. The new budget just went into effect October ist, j� (. 4 ',' •• i 13; 104 but we didn't have Mr. Reboso: May I amend my motion, I think a little competition is not going to hurt this community, and the people are going to benefit, so I move this point that we approve Route 7, Mayor Ferre: We have a motion on the floor that this be based on approval of Route 7, which has been outlined in this report as submitted, is there a second to the motion? Rev. Gibson: Mr. Mayor if I heard all of this discussion right, and I want to make sure Mr. Pino you understand what I am saying that you are going Route 7, those street and lines are going to be established, is that what everybody understood? I am talking about the industry now, --- Mayor Ferre: Route 7 was defined in the book and basically goes from the Little Havana area, it goes into Hialeah, Rev. Gibson; You see, Mr. Reynolds, I have been thinking right along, and unfortunately, you see, I am not accusing you, but what I am going to say is, I never knew that MTA had any intentions, I kept raising the question and never got the answer. I think everybody has heard me raising the question, and I asked and I did not get the answer. I am sorry, ---- Mayor Ferre: I wanted Mr. Zilber to see it, he was asking a question, loth Ave. in Hialeah, ----it goes down Miami River, Hialeah, loth Avenue, and cuts over 20th Street, down 22nd Avenue, Mr. Reynolds: Would Mr. Pino point out for us which part of that is not served by a MTA route, ---- Mayor Ferre: It goes down 8th Street from 27th Avenue down to 12th, up 12th Avenue to 14th Street N. then follows the river up to Hialeah, loth Avenue and up. Mr. Pino's reply inaudible. Mayor Ferre; We have been over this so many time, we know what we are talking about, there is no question, let's not belabor it, let's get on with it. Unidentified person: Nothing has been resolved, I have not received a picture in all the discussion about this particular route, seeing it is a fixed route, I would appreciate one answer from Mr. Pino, in the development of this fixed route, bringing working people to Hialeah, do you plan to dwriate from this route to drop them off at their respective plants? Mayor Ferre: He already said no, at least 5 times, I heard it 5 times, the answer is no. Mr. Pino: The answer is 'no', Mayor Ferre: he will not will not pick up other than along other than along that route. That all evening, I-ve heard it. deviate from that route, he that route, he will not deliver is what you have been saying Unidentified person: One further question, how is he by authority going to return these people to the City of Miami. 101) Mayor Ferre: Would you answer that? Mr. Pino: That has been clarified by the legal department. When you pick up in the City of Hialeah,you cannot drop in the city of Hialeah. That has to be a closed door deal until you get into the City of Miami. That is the way of it, --- Mrs. Gordon: What if get off at SE 5th you are Unidentified person: off in Miami, we can pick and Miami. Mrs. Gordon: On this they get on at E 49th and want to not going to let them out? We can pick up in Hialeah, and drop up in Miami and drop off in Hialeah map you have drawn, from E. 49th Mayor Ferre: We have discussed this three hours, --- Mrs. Gordon: Let me finish once in a while, ciate it, thank you very much. I'd appre- Unidentified person: Commissioner Gordon, if I may clarify, what we cannot do, is pick up and deliver in Hialeah, Mrs. Gordon: Suppose a person wanted to get out, and you would not let them out,right? Unidentified person: He cannot legally let them out, this is the same thing the Coral Gables bus service did for many years. This is the way it operated, and legally, Mrs. Gordon: What happend if can't meet the profit angle of your operation, ---you did not say what fare you want, --- Mayor Ferre: 350, it is part of the record, Mrs. Gordon; ----and if you can't make it you go bankrupt, Mayor Ferre:---he goes broke and we don't have a problem, -- Mrs. Gordon: I don't have any problem, maybe you do, Mayor Ferre: I disagree with that, Mr. Plummer: This man was trying to explain something to me over there, and I asked him to say it for the record, so everyone could hear it. Unidentified person: I just want to put it on the record, I have a question, I live here, I operate a taxi business for the 10 years, everybody knows me, I am here 6 or 7 times to fight, --when Mr. Pino started this situation a long time ago, --my names is Lionel Isquerdo,---this is the situation, I want to make on the record my statement, ---the City sent to me a form, do I have to fill out about this situation, or what I want, if I want to operate a mini -bus or taxi, because we are talking about some kind of route and let the taxicab to the people, up and down Flagler, up and down 8th Street, ----I have my application there. If Mr. Pino is going to get any kind of certificate to operate any kind of transportation, I am in trouble now to pay my insurance and support my taxi company. If he goes bankrupt then, ----better I go bankrupt on the whole thing. For that reason, I want you to keep in mind if he yet any certificate to operate, in any kind of way, he cannot do nothing on a taxi transportation and I cannot do it, --- and I have a certificate from the commission ion Tallahassee, and I know all kinds of ways to operate a transportation business, loti NOV -7 1974 you follow me,,, -,-just give to me, in case you want to give anything. We no need more transporation than what we have now. No room for more, (applause) Mr. Reboso: Sir, I don't agree with you, I think the public transportation is in bad shape. Mr. Izquerdo:Make some kind of rule we can carry people in a cab, (inaudible) Mr. Reboso: I still say a little competition is not going"tolhurt and I think these people deserve the certific ate of public convenience. Public transportation service in Dade County is not in the good shape they have been telling us. I move that we approve Route 7. Mayor Ferre: Let me ask you before I ask for a second, to clarify your motion. Does this mean we approve the route and then see who services the route, or are we going to approve the route for Mr. Pino. Mr. Reboso: At this moment we are moving for mini-aliados. In the future, I don't know. Mr., Lloyd: The applicant is Mini-aliados and that is to whom the certificate will be issued. Rev. Gibson: Let me ask this so that I'll be sure, Mr. Lloyd: The vehicles will also be listed by number and permits for each vehicle will be issued pursuant to the certificate of public convenience and necessity and will be issued to Mr. Pino. Rev. Gibson: What position are we in if two or three other companies came up to us, and said I want to go that route. I don't think we can give anybody but a public utility a right of way of the streets, is that right. Mr. Lloyd: This is the reason for the ordinance which I specified to you. What you are issuing is a certificate of public convenience and necessity and I refer to you again, to the specific ordinance which says that the certificate shall be granted only when in the opinion of the City Commission the service already provided by existing certificate holders is so inadequate as to Tequire the issuance of a new certificate, so to issue another certificate, assuming you issue a certificate to Mr. Pino, an additional applicant would have to prove that Mr. Pino's service was so inadequate as to require the issuance of another certificate. Rev. Gibson: We co uld issue --- Mr. Plummer: The other problem I don't think you have looked at too, there is nothing from stopping MTA or any one of the others of filing a law suit saying they didn't show the need, and under our determination, I don't know how anybody could really demonstrate a need. The need can be demonstrated by those 6,000 petitions and I think they have a lot of merit, but under our rules that are as antiquated as can be, I don't know how anybody can comply with them. The next thing we address is the rules. Mayor Ferre: There is also a practical aspect that if MTA wants to stop them, they can put in a competing service and that will be the end, so there are many sides to this. 101 NOV 71974 Mr Plummer: The way I read it is, if they get it, then MTA has to come here and prove they are not doing the job. Mayor Ferre: There are many ways this can go. I think the point is that are we willing to take a chance and get a little competition in here and seo if it works or doesn't work, and if it works, fine, if not we.will worry about that when it happens. I happen to be of the opinion that this does not really compete with the taxicab industry. I don't think these people ride taxicabs I don't think it will do much harm to Metro Transit Authority because it is not a route that is in existence now. You are saying you are that you are going to put it in existence in the next few months. I am glad that came out today. I have never heard of that b efore. I think that, you are not talking about the same kind of service. These people are going to be, ----this is a special type of service. I•think it is going to serve a special group of people that would not ride the buses. They don't go down- town, get off one bus to an other, make 50 stops, and take 45 minutPq to an hour to get to work and that kind of thing. That is my personal opinion. Mr. Plummer: The point Mr. Mayor, you make good points, it does have merit, but if he had that bus full, on every trip he made, your gross revenue is only $7.35. Mayor Ferre: That is his problem. I think he is crazy, --- it isn't our problem because we are not involved in the money aspect. Mr. Plummer: You say let's be practical. You can't make it on just that one route. That is the point. Rev. Gibson: Repeat the money figues again, J.L.---- Mr.Plummer:----$7.35 Rev. Gibson: --that is what he makes a trip. I want to serve notice on everybody, I am going to secon this motion, and I'll tell you, I don't my brother nor my mamma, nor sister not aunt, to come back crying poor -mouth. I want to make sure, everybody understands this, that we are going Route 7 and I mean adhereing to that route and I' want to say if I ever catch you deviating I am going to be the first to offer a motion to revoke. I believe we are going to, as much as I don't like doing this to the trans- portaion authority, ---- Mayor Ferre: Commissioner Gordon you said that it is our business what money he makes. That man is going to charge 35t to go from Little Havana, to 49 in Hialeah, 35,----God bless, I think he will go broke, I don't see how in the world, how many people do you have per bus,----21? Mr. Pino:---right,-- Mayor Ferre: If you make 10 trips a day you will be doing good, that is $70.00---there is no way in the world you could, -- Mr. Plummer: The more trips, the more broke he goes, Mayor Ferre: That is not our problem, not our business what he does or whether he makes a profit or not, if he goes broke the service ends. Unidentified person: He know in that kind of price, he can no operate. I don't want to start in business I know the following day I get in trouble with finances. Mrs. Gordon: Mr. Reynolds may I ask you a question. I heard a statement about you are going to start this same route soon. 108 NOV -7 1974 When is 'soon', Mr. Reynolds: It is in the planning stage now, There is money in the budget for it. Mrs. Gordon: Money is budgeted for it, and .its planning, but how long does it plan. Can you give me an an:awer? Mr. Reynolds: It will be within the next month. Mrs. Gordon: I offer a substitute motion that we defer this for 60 days. Mr. Reynolds: I question the good faith of all of these proposals and studies and budgets. Mayor Ferre: We have a motion that was made by Reboso, and seconded, now we have a substitute motion, to defer for 60 days. On the substitute motion, is there a second? It has no second, it dies. On the main motion, is there further discussion. Mr. Plummer: Mr. Mayor let me put my thoughts on the record so I understand correctly, I am voting on Route 7 only, that all things today which apply to taxicabs, that is, inspections, keeping the cabs at full capacity as far as operating ability, that the cost will not exceed 350 per passenger, these will operate from 6 AM until 12 midnight, ---the other thing that bothers me, is he going to use the regular bus stops, there is always a danger involved of discharging passengers in the middle of a block, in un- designated areas. I want that very clear. Mr. Pino: The same stops will be used in order to alleviate the traffic problems etc. Mayor Ferre: Can you use MTA stops legally? Mr. Reynolds: He is picking up passengers at the MTA stops. That is what we have been trying to tell you. Unidentified person: A bus stop is only a street corner. I do not know that MTA has title to a street corner. Mr. Plummer: That is the point I am trying to make, and I want it for the record. I think one of the biggest problems is the problem of dropping off in the middle of the block.Okay it answers my question. Mayor Ferre: Rev. Gibson: in the world, me, --- Any further questions on the motion. I could not run a church like this for nothing there must be something that nobody is telling Mrs. Gordon: They either start that route like they said within the 30 days or they don't and in 60 days we will know it. Mr. Schiff: I think this commission should give some serious consideration to something that has been completely overlooked and ignored. In the application and proceedings, I don't know what was in that package of papers, because we didn't receive a copy. But my good friend Dick Austin is an expert in transportation laws and he knows that when the Interstate Commerce Commission,the Public Service Commission considers certificating a carrier, one of the things that is a matter of concern because you don't put a fellow on the street with vehicles to operate knowing as Mr. Plummer has said he is going to lose money on every trip. You don't put him on there unless you can find out by making an inquiry into his 103 NOV 71974 fanancial ability to furnish a public service, ---you don't put him on the street unless you find out what h% is and where he is. You don't have to my knowledge any kind of fanancial back- ground which will tell you that you are putting a businessman in the transportation business under a City of Miami certificate, who might not be able to survive the week. I think that if you are going to certificate a new carrier in this city, that the first thing that you must do, is to assure yourself of who you are doing burliness with, and you haven't made the first inquiry into that and I think that Dick Austin who I said is an expert in this field will tell you that that is a matter of concern to every commission that certificates a carrier. Mr. Reboso: Can you tell me if MTA is making money? Mr. Schiff: M.T.S. is losing money and it is subsidized by our tax dollars as are most public transportation systems in the United States. This, ---Mr. Pino, whom we know very well, a nice fellow, very aggressive, Mr. Pino is going into this as a profit making venture. He is going into this as a business. M.T.A. is operated by all of us. We all pay for it, and it is operated as a public service. He is going to furnish a public service but he is only going to do it if he can make money. That is the difference. ' Mayor Ferre: We have been on this for 3 hours, and if there is no further discussion, I want you to call the question. Mr. Plummer: Mr. Mayor I hate to see a guy commit financial suicide. Mayor Ferre: That is his problem. Rev. Gibson: Mr. Mayor as public official, I find it difficult to understand, as you start out, you are going to lose money, how, --- Mayor Ferre: Mr. Pino, are you going into this venture to lose money? Mr. Pino: No, sir. Mayor Ferre: Do you think you will lose money, Mr. Pino? Mr. Pino. No, sir. Mayor Ferre: Do you think Mr. Pino that you can survive charging 350 per person with 8 buses on route 7. Mr. Pino: Yes, sir. Mayor Ferre; Are you sure of that? Mr. Pino: It is in the national studies, in some routes, --- Mayor Ferre: Mr. Pino, are you a businessman? Mr. Pino: Yes, sir. Mr. Plummer: Mr. Mayor this has no bearing. Mayor Ferre: We are questioning his business judgement. Did you Mr. Pino come from Cuba? Did you come here with lots of money in your pocket. Mr. Pino: No, sir. NOV - 71974 1110iYYl1II1111111III 11IIU 11111IIII II 1 Mayor Ferre: Have you made the money here? Mr. Pino: Yes, sir. Mr. Ferre: You did it by working in this community? Mr. Pino. Very hard, sir. Mayor Ferre: I assume you are a successful businessman. Mr. Pino: Yes, sir. Mayor. Ferre: The rest of it is your problem. I am going to do something which I very rarely do, and that is quote an editorial of the Miami Herald of Sept. 27. I want to read it into the record. It says,"The Miami Commission today will be asked to issue a certificate of public convenience for a bus system that will provide better and extended service for passengers', --that does not appear to be anything that would arouse controversy, but the proposal is politically hot. The heat arises from the fact that this man comes from the private sector of the economy and not from Metro Transit Authority which has the responsibility for county wide transit service, a company called Miami Mini-Aliados proposes to put a fleet of owner -operator buses on the streets to supplement the present MTA routes. Another part of the plan calls for bus -pools to pick up passengers at designated locations and transport them to a specific place of business or an industrial park with return services at the end of the work shift." That is what has been described. Right now, thousands of Miamians find it takes an hour or more to get from home to work by bus and some cases bus service stops too early in the evening. We have always figured a little competition in the transportation business would be a good thing. The proposal to be aired today is not really competition, but has just enough incentive in it to make it interesting." September 27th 1974. I see no reason to disagree with that editorial two months later. Mrs. Gordon: That editorial was issued when we had a Metro Transit Authority, we no longer have, --we have a Metro Transit Department. That makes a difference. We have a budget that provided additional money. Mr. Plummer: I see nothing wrong with the system, and nothing wrong with what he is offering. I am going to vote 'yes' with the motion. Mrs. Gordon: I know it is going to do a lot of good to be the lone vote again, but I have to tell you, ladies and gentlemen, and fellow commissioners, how I feel. And this time the Mayor can't cut me off. First of all we are about ready to embark on a compre- hensive plan of transportation within the City and County.There is really no way to police this system that I know of because it leaves the jurisdiction of the City of Miami and goes up into other juris- dictions. We are subsidizing transportation now. Whatever this takes away from'ouk r gular transportation system means we are going to have subsidize our transportation system a little bit more. I cannot find a good and legitimate reason why this commission could not wait 60 days to see if Metro Transit Department would implement the system they said they were going to implement. If you could not wait 60 days, I cannot understand why. I offered the motion to defer for 60 days, there was no second. I vote 'no' to this motion. (applause) Thereupon the following motion was introduced by Mr. Reboso who moved its. adoption: 111 s MOTION NO. 74-1229 A MOTION TO APPROVE THAT PORTION OF THE APPLICATION OF MIAMI MINI ALIADOS, INC. FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHICH APPLIES TO ROUTE 7, AND INCLUDING STIPULATIONS AGREED TO BY THE APPLICANT AT THIS MEETING Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon. Mr. Pino: Thank you very much, honorable Mayor and Com- missioners. (applause) " Mr. Plummer: Mr. Mayor I want Mr. Pino, so he doesn't come back at a later date, I want you to understand, I think that the questions that were asked of you were very pointed questions, I don't want you to come back and call harassment . If there is a policeman standing on the street corner with a stop clock, you don't have a bus running by that intersecttion every 15 minutes. I am cautioning you, it might be done on you. Mr. Pino: Mr. Plummer, let me say to you, I had a license from the City of Miami police department, for 13 years. I had never had any complaint whatsoever, and I want to keep it up. Mr. Lloyd: Mr. Mayor what we would like to do both Mr. Andrews and myself is to prepare with the cooperation of the law department and the administration the certificate of public convenience and necessity to make sure we get all the terms and conditions in this you wish and then present it back to the commission at the next meeting for your final approval as to contents of the certificate which has to be prepared pursuant to the ordinance. Mrs. Gordon: Mr. Lloyd will you tell me if that is going to include the number of vehicles etc. Rev. Gibson: It better, Mrs. Gordon: ---and exact routes it will follow, --- Mr. Lloyd: ----all of that, fares, everything. That is why I made mention of that. 112 38, mum MIME AtiV fT - SPECIAL PLAM rektifitia DISTRICT The City Commission read the proposed ordinance and made several changes which are reflected in the following ordinance: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6F71, THE COMPREHENSIVE ZONING ORDINANCE, FOR THE CITY OF MIAMI, BY ADDING TO THE GENERAL PROVISIONS, ARTICLE IV, A NEW SECTION 43, ENTITLED "SPECIAL PLANNED DEVELOPMENT DISTRICTS" PROVIDING F)R (1) INTENT, (2) SPD DISTRICTS, WHERE PERMITTED, (3) EFFECT OF SPD DISTRICT DESIGNATION, (4) PRO- CEDURES FOR SECURING APPROVAL OF A SPECIAL PLANNED DEVELOPMENT APPLICATION, (5) VARIATIONS FROM GENERAL REGULATIONS APPLYING IN A SPECIAL PLANNED DEVELOPMENT (SPD) DISTRICT, AND (6) CONFLICTS WITH OTHER PROVISIONS OF THE ZONING 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 October 3, 1974, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8329. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 39. ZONING ORDINANCE AMENDMENT - CENTRAL ISLAND DISTRICT SPD-1: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- P_DEaarns_r-' ••O•T!"' Linn ,T1=17 nrmv n_ sr MT7MT TO INCLUDE A NEW ZONING DISTRICT, ARTICLE XXI-3, SPD-1 CENTRAL ISLAND DISTRICT: PROVIDING FOR IN- TENT, USE REGULATIONS, MINIMUM GROSS AREA OF DISTRICT, APPLICATION REQUIREMENTS AND PROCEDURES, FLOOR AREA RATIO AND BONUS PROVISIONS, SPECIAL ELIMINATIONS ON LOT OR BUILDING SITE COVERAGE BY ALL BUILDINGS AT VARIOUS ELEVATIONS, OPEN SPACE REQUIREMENTS, SPECIAL YARD AND OPEN SPACE REQUIRE- MENTS, ELEVATED CIRCULATION ROUTES, SPACING BE- TWEEN BUILDINGS OR PORTIONS OF BUILDINGS, VARIA- TIONS FROM GENERAL REGULATIONS APPLYING IN SPD-1 CENTRAL ISLAND DISTRICT, CONFLICTS WITH OTHER PROVISIONS OF ZONING ORDINANCE, PARKING REQUIRE- MENTS, AND SIGN LIMITATIONS; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT IN- SOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEV- ERABILITY PROVISION; AND PROVIDING FOR AN EFFEC- TIVE DATE. Passed on its first reading by title at the meeting of October 3, 1974 as taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: NOV - 71974 Coriasioner J.L. Plummer COMMissioner Rose Gordon CON issioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Mad ice A. Ferre NOES: None THE ORDINANCE VAS DESIGNATED ORDINANCE NO. 8330. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 40. REZONING - CLAUGHTON OR BURLINGAME ISLAND - SPD-1: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR THE UNPLATTED PROPERTY COMMONLY KNOWN AS "CLAUGHTON OR BURLINGAME ISLAND", LOCATED AT BISCAYNE BAY AT THE MOUTH OF THE MIAMI RIVER, FROM R-4 (MEDIUM DENSITY MULTIPLE). TO THE PROPOSED SPD-1 (CENTRAL ISLAND DISTRICT) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTION, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of October 3, 1974 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8331. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 41. ACPTG BID - BATTERY CHARGERS: The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1230 A RESOLUTION ACCEPTING THE BID RECEIVED FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR FURNISHING BATTERY CHARGERS AND BATTERIES FOR USE BY THE MIAMI POLICE DEPART- MENT, COMMUNICATIONS DIVISION, AT A COST OF $9,032.00; ALLOCATING FUNDS FOR THIS PURCHASE FROM THE COMMUNICATIONS IMPROVEMENT GRANT NO. 73-21-24; AUTHORIZING THE CITY MANAGER TO PURCHASE ORDER FOR SAME AFTER DETERMINING THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Pere follows body of resolution, omitted here and on file in the Office rile City Clerk) NOV -71974 Upon being seconder] by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 42. ACPPG HID - CLEMENTE PARK PALL FIELD Z,tGHTING: The following resolution was introduced by Commissioner Plummer,Plummer who moved its adoption: RESOLUTION NO. 74-1231 A RESOLUTION ACCEPTING THE BID OF BRANAM ELECTRIC CO. IN THE ESTIMATED AMOUNT OF $29,980 FOR THE CLEMENTE PARK - BALL FIELD LIGHTING - 1974; ALLOCATING THE AMOUNT OF $29,980 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $600 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson;.the passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre resolution was NOES: None. 43. H-4361 (NW 29TH STREET HIGHWAY IMPROVEMENT) - ACPTG BID: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1232 A RESOLUTION ACCEPTING THE BID OF• G.T.F. CORP.'IN THE AMOUNT Of $582,°510.15 FOR THE CONSTRUCTION OF N.W. 29 STREET HIGHWAY IMPROVEMENT H-4361 IN N.W. 29 STREET HIGHWAY IMPROVEMENT DISTRICT H-4361; ALLOCATING THE AMOUNT OF $417,382.65 FROM THE ACCOUNT ENTITLED "HIGH- WAY BOND FUNDS" AND THE AMOUNT OF $165,127.50 FROM THE ACCOUNT.ENTITLLD "STORM SEWER BOND FUNDS" TO COVER THE CONTRACT COST; ALLOCATING THE ADDITIONAL AMOUNT OF $14,445.92*AND THE AMOUNT OF $19,815.30 TO COVER THE COST OF AN -ENGINEERING CONSULTANT; ALLOCATING THE 'ADDITIONAL AMOUNT OF $4,847.65 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING THE ADDITIONAL AMOUNT OF $3,302.60 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUNDS" TO COVER'THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND'POSTAGE; AND AUTHORIZING THE CITY MANAGER TO.EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following votel NOV -71974 AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Comtissioner (Rev.) Theodore Gibson Vice Mayor Manolo,Reboso Mayor Maurice A. Ferre NOES: None. 44. ACPTG BID - SW 27TH AVENUE PAVING PROJECT: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1233 A RESOLUTION ACCEPTING THE BID OF i.).M.P. CORPORATION IN THE TOTAL AMOUNT OF $54,579.88 .FOR THE CONSTRUCTION OF S.W. 27 AVENUE PAVING PROJECT - 1974; ALLOCATING THE AMOUNT OF $31,582.50 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" AND $22,997.38 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND " TO COVER THE ESTI- MATED CONTRACT COST; ALLOCATING FROM SAID "HIGHWAY BOND FUND" THE AMOUNT OF $4,158.25 AND FROM SAID "STORM SEWER BOND FUND" THE AMOUNT OF $2,299.74 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID "HIGHWAY BOND FUND" THE AMOUNT OF $631.25 AND FROM SAID,"STORM SEWER BOND FUNDS" THE AMOUNT OF $459.88 TO COVER THE COST OF SUCH ITEMS AS ADVERTIS- ING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 45. ACPTG BID - NORTHERN DRAINAGE PROJECT E-32: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1234 A RESOLUTION AWARDING THE BID OF MARKS BROTHERS COMPANY IN THE ESTIMATED AMOUNT OF $178,224 FOR THE CONSTRUCTION OF NORTHERN DRAINAGE PROJECT E-32; ALLOCATING THE AMOUNT OF $17,224 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUNDS" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $17,822.40 TO COVER THE COSTOF PROJECT EXPENSE; ALLOCATING FROM SATs ArnnTINT THE AMOUNT OF $3.564.60 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE, ETC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the office of the City Clerk) 116 NOV -71974 Upcfn being second, the resolution was passed and adopted by the following Vote: AYES* Commissioner J. L. Plummer Commissioner Pose Gordon Cou"mnieSioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 46. ORANGE BOWL, IMPROVEMENT PROGRAM — CONSULTING SERVICES AGMT — DISCUSSION: Mr. slack Rice: It seems like old home week. Mr. Mayor, I represent The URS, Madigan, Praeger and Kunde and Associates who were successfully awarded the right to negotiate the contract for engineering servicesat the Orange Bowl and I understand now that it was ready to be awarded today. For some reason it was taken off of the agenda which was not known to Mr. Kunde or myself. However, I understand after talking to Mr. Lloyd that it was taken off predicated on the fact that there was an injunctive hearing scheduled for today and he agreed to remove it and consideration of being permitted to attend this meeting and that the matter would be rescheduled shortly. Now my problem is that my clients would like to proceed and have the contract awarded and we would like to have some definite date set for the awarding of the contract at least by the next Commission Meeting. Mr. Lloyd: I suggest the next Commission Meeting if the Commission is amenable, after that. Mr. Rice: This is a spurious lawsuit in my opinion, I've read it. We're not a party. Mr. Lloyd, who is the judge? Mr. Lloyd: I don't know, actually I don't remember who the judge was, Jack. Tomorrow I'll be able to tell you. I don't know off hand. Rev. Gibson: Mr. Mayor, I share their concerns.... If you're going to be men of good will; I'm not a lawyer. I'd just sooner invite them all back here ... These people in good conscience, here's what I'm saying. I'm sure I voted for them people Mr. Lloyd: Father Girbson, respectfully may I suggest what the other side continues the problem. Mr. Rice and I are in concurrence of we believe that you are correct and we believe hopefully that we may be able to sustain your decision. But there has been a lawsuit filed against the City claiming with a prayer for an injunction, claiming that the combination of Kunde and Assoc- iates, URS and Madigan Praeger as such are not properly certified, and therefore are inelgible Mr. Plummer: Isn't it into court? Mr. Lloyd: Yes. Mr. Plummer: I move we defer it until the 21 of November. Rev. Gibson: I'd just as soon have them all come back. Mr. Rice: Father Gibson, there is no reason for that. Furthermore, my clients do have a certificate from the State of Florida and I can assure you that this is a spurious iawsiit. It will not be sustained and in fact they haven't even joined my client in the lawsuit and it wasn't until today that I knew that the lawsuit was filed. We're not going to loose. I can assure you. 112 r t ov .- 71974 • 47. NEW DEPARTMENT OF MANAGEMEIn SERVICES - DISCUSSION: Mayor Ferree Before we get to item.46 we still have number 18 which I'M sure you're very interested in, Mr. Manager. It is called the Depart- ment of Management Services and .t'm ready to vote for it. Mr. Andrews: I hope that, and I know that Commissioner Plummer had some reservations at the last meeting in reference to this Mr. Plummer: I've been arguing with him for the last three weeks on it. Mr. Andrews: I can only tell you way to begin this process is to get this department functioning and begin identifying some of these areas that we can hopefully reduce personnel. Mr. Plummer: Yes, I agree. But I don't think it has to be done in the manner that is being prescribed. I don't think we need a separate department, I don't think we need a $27,000 administrator. These people that are here have done a very very fine job and to go into this thing and set it up as a depart- ment head is going to be very expensive and I think it is wrong. Mr. Mayor, I want you to know if this thing passes the next motion that I'm making is to put a full freeze on employment. I'm opposed to this. I think it is a matter that it should be an arm of the City Manager, it should come under his depart- ment where it has been. It has produced results and we don't need anymore high-priced employees. Mr. Andrews: Mr. Plummer, Mr. Mayor and Commissioners, I appreciate what you're saying but these people need supervision in that. Mrs. Gordon: You'll have to speak into the microphone. How can we hear you? Mr. Andrews: I'm sorry. I guess we're all getting a little tired. These people have been working with a certain amount of supervision that I've been giving them personally in these first two areas. I just don't have the time to spend with them. They've got to fall under someone's proper supervision and the place to locate them is within a department with all these functions. This is what is recommended by Booze Allen. And I think we ought to listen to what they've got to say. Mayor Ferre: Paul, I'm going to say something now. You know sometimes I don't agree with you but I happen to agree very strongly with ;ou in this one. I know that J.L. has a lot of hang-ups and I think he has some good concern over that. But let me tell you the only way we're going to get this operation streamlined is by attacking it directly and the only way we can do, the best way we can do that in my opinion is internally, not with Booze Allen; with all due respects to them I don't want to see them forever here. Mr. Andrews: No, no. I'm saying that Booze Allen, Mr. Mayor, recommended the procedures that are prescribed here. Mayor Ferre: I know that. Mr. Plummer: The point I'm trying to make, Mr. Manager, is that they have shown some $600,000 for proposed reduction - bid word, proposed. It hasn't been done. Now, what I'm saying that in nowhere in that $600,000 have they even started to address the problem and been demonstrated to me or this Com- mission the big hang-up of the whole city, 90.5% is employees. Now if you don't attack that problem you'd might as well forget about the rest of it. I don't think we need another department. We're just putting departments upon departments. Everybody else in the City of Miami is laying off help. We're putting it on. Now I just don't see any restraints. I'm sorry. Mayor Ferre: You may be right, I don't know. It is too late in the day for me to think too much. But let me tell you I really think that any operation where you have almost 4000 employees you need a self and internal evaluation. Mr. Plummer: Mr. Mayor, I don't disagree. I am saying right now we have 36 people on the staff of the City Manager. Now I'm not saying that they have got to have Paul to supervise them. If I ever blame Paul it will be for taking too much responsibility. He has 36 people on his staff. Now why can't it be run like the Budget Department, an arm of the City Manager. He Look, when it-coMe8 down to the nitty-gritty that employees are going to have to go he's the one that is going to have to be the obnoxious devil to do it anyhow. Mayor Ferre: This May be the best way to do it, is internally because then he can have somebody inside looking at the operation and that might be the beat way to do it. Mr. Andrews: It absolutely is. Mr. Plumper: I don't disagree with the principal. I'm saying that we are adding expense upon expense. There is no restraint and I am saying that we have got to start showing restraint. I've made my point! Mayor Ferre: You see my point is that this is not the place to show it. Mr. Plummer: Mr. Mayor, this group as good as they have been have not shown where one employee or one position is going to be frozen. Mr. Andrews: Oh yes they have. They have identified 11 positions Mr. Plummer: Where? I haven't seen it. Mr. Andrews: Nine in the Building Department and two in the Finance Department. Mr. Plummer: Why did I have a big fight with Ferencik then? • Mr. Andrews: Because Ferencik was saying, and he related and I'm going,to use this example; the three people he needed to carry out the new tree ordinance he's not going to come back and ask you for those three new people. They'll be absorbed within the people that they're saving through the nine positions that they've found. Mayor Ferre: They need three people to enforce the tree ordinance? Mr. Andrews: Well I don't know now. From my memory, it was the three men, Mr. Mayor. You'll recall one of them was, he finally got down to, they started out with three and he finally got down to where he said he needed an architect or someone who was acquainted with landscaping Mr. Plummer: Ok. Paul has brought it up. Ok? Now just let me give you an example of inefficiency. We have on staff in the City one of the greatest men in horticulture that there is. But because he is in the Parks and Recreat- ion Department we're going to put another man on in the Building Department. Mr. Andrews: No, not necessarily. It has not been accomplished yet. Mr. Plummer I agree with it in principal but I think the way it is being set up, we're just putting more government on top of more government which mans more dollars upon more dollars. Mr. Andrews: Well, you know what is happening to us is that the public voted down the Deputy City Manager, we're not doing anything about the Department of Human Resources, We're not going to do anything about this department that we created. The only thing that we will have achieved out o:` all of this study that Booze Allen who are drawing out of all these other cities and doing all of these other things, the only thing that's come out of it is this Management Team of people that we've trained. Mr. Plummer: I don't disagree with the Management Team. I disagree with the way that you're trying to set it up. I think they've done a fantastic... I don't think they've done enough. Mr. Andrews: They could do a lot more. Mt. Plummer: Demonstrate it to me and then I'll do it. item until a demonstration is made to the Commission as to the feasibility of the financial statements. Mayor Ferre: Until when? I move to defer the Hr. Plummer: Until a demonstration is made to this Commission that they have addressed themselves to the #1 problem that is the number of employees. 11:1 NOV -7 1974 Mayor Pette: I can't argue With that. I tell you, I'm for it and I would vote for it tonight but I think if a fellow Commissioner wants the courtesy of a deferral for that reason and I think there is logic to it. Rev. Gibson: I don't mind a deferral if there is a time certain. Mr. Plummer: If he brings it back at the next meeting we can vote on it. Mrs. Gordon: Well what do you want, J.L.? Mr. Plummer: I want a demonstration by the Manager that this group has attacked the #1 problem - too many employees. Mrs. Gordon: I'm not opposed to it either but I'll honor your request if you'll put a time certain on it. Mr. Plummer: That's up to him. If he can demonstrate it before the next meeting so be it. Rev. Gibson: Mr. Mayor, how do I get time certain included in the motion? Mayor Ferre: Make a substitute motion that it will be brought back on this Commission on, name the date. Rev. Gibson: Mr. Manager, how mrch time do you need to deal with this matter? I don't think we need to leave this thing hanging now. Mr Andrews: I don't know. Why don't you leave it up to the Manager to bring back. I just might not bring it back. Mayor Ferre: Now wait a minute. I don't want to get into that kind of a situation. Now you've got at least three votes for it here. Mrs. Gordon: You know we're going along for deferment but we would like you to make a concert. Mayor Ferre: Paul, you've got a good thing going here. The majority of the Commission is for it. We're doing this out of courtesy. Mr. Andrews: This is so hard to achieve. This is taking people internally and you get professionals who we didn't influence to come in here and study as to what to do to modernize our government and how to get us going in a right direction. Mrs. Gordon: Paul, what happens supposing this doesn't pass. What happens to them? Where do they go? Do they still operate in the capacity they're in now or what? Mr. Andrews: I would have to assign someone which I didn't want to do in the Budget Office or assign one of the Deputy City Managers or Andy Crouch or some- body else to oversee this unit. But t ey don't have then the auditing, they don't have some of the Finance Department activities... Mayor Ferre: I'm for it and I want to say it again. I think it is a very good move. Mr. Andrews: All right, I'll try to bring it back in two weeks and see what I can demonstrate. Mayor'Ferre: Will you accept that, the next two weeks from now would be the 21st? Mr. Plummer: Sure. All I want to see... I want to see a demonstration showing to me in black and white where this study is going to show a reduction of 9 employees in the Building Department Mayor Ferre: J.L., he said he will have it in two weeks. Let's not waste any more time. Will you amend your motion to make it on the 21st. Mr. Plummer: Agreed. Mayor Ferrel Will you amend the second, Mr. Reboso? He amends his second. Further discussion, call the roll. LA) Nov -71974 The prece'ding motion, introduced by Mr. ?1th ter, seconded by Mr. Reboso was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 46). BULBAR RACE TRACK — OPPOSING CLOSMG: The following resolution was introduced by Commissioner Plummer, who 1 ova itn sAohtio*t RESOLUTION NO. 74-1235 A RESOLUTION OPPOSING THE ATTEMPT TO TRANSFER TPE RACING DATES FROM HIALEAH RACE TRACK TO ANY OTHER RACE TRACK; CALLING UPON ALL CONCERNED OFFICIALS, NATIONAL, STATE, AND LOCAL, TO INTERVENE AT THE EARLIEST POSSIBLE OPPORTUNITY TO DO WHATEVER IS NECESSARY TO KEEP HIALEAH RACE TRACK OPEN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 49. "PEOPLE MOVER" SYSTEM IN DOWNTC N AREA - REQUESTING COUNTY TO STUDY FEASIBILITY: The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 74-1236 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REQUEST KAISER ENGINEERS TO STUDY AND REPORT TO BOTH THE METROPOLITAN DADE COUNTY COMMISSION AND THE COMMIS- SION OF THE CITY OF MIAMI, THE ECONOMIC FEASABILITY OF ESTABLISHING A "PEOPLE MOVER" SYSTEM IN THE DOWNTOWN AREA, TO RUN FROM MARGARET PACE PARK DOWN TO CLAUGHTON ISLAND, INCLUDING LINES RUNNING TO THE GOVERNMENT CENTER; FURTHER REQUESTING THAT MEETINGS ARE TO BE HELD WITH THE OFF-STREET PARKING AUTHORITY, THE DOWNTOWN DEVELOP- MENT AUTHORITY, THE METROPOLITAN TRANSIT AGENCY, THE CITY OF MIAMI, THE STATE OF FLORIDA AND OTHER INVOLVED AGENCIES, TO PARTICIPATE IN A JOINT VENTURE WITH BOTH THE PUBLIC AND PRIVATE SECTORS; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO ALL INVOLVED PARTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. NOV -71974 1 50. MIAMI MODERN POLICE HEADQUARTERS PAREII4G GARAGE - CITY MANAGER TO ELECT FIRMS FOR REQUIRED PROFESSIONAL SERVICES: The following resolution *as introduced by Commissioner Gordon, who movo4I its sAmnf-inn, RESOLUTION NO. 74-1237 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO BEGIN THE PROCESS PRESCRIBED BY FLORIDA STATUTES, SECTION 287.055, FOR SELECTING FIRMS TO PROVIDE PROFES- SIONAL SERVICES REQUIRED IN CONNECTION WtTH THE CON- STRUCTION OF A PARKING GARAGE TO BE BUILT ra CONJUNCT- ION WITH THE ONSTRUCTION OF A PARKING GARYG?', TO BE BUILT IN CONJUNCTION WITH THE MIAMI MODERN POLICE HEADQUARTERS BUILDING, CONTEMPLATING THAT FUNDS IN THE AMOUNF OT APPROXIMATELY $2,000,000 ARE AVAILABLE FOR SUCH CON- STRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 51. RAPID TRANSIT STUDY COMMITTEE - APPTG. MANOLO REBOSO AS CITY'S REPRESENTATIVE: The follou'iM7 rpanh_itinn Was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1238 A RESOLUTION APPOINTING VICE -MAYOR REBOSO AS THE CITY OF MIAMI"S.REPRESENTATIVE ON THE RAPID TRANSIT STUDY COMMITTEE FOR METROPOLITAN DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 124'' NOV - 71974 40 . 52. LEGION PARK DAY CARE CENTER — PROVIDING PONDS FOR Si fOR ADULT DAY CENTER TO BE ADMI t2SPEPSD EY THE DOUGLAS GARDENS J'EWISH HOME FOR THE AGED The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1239 A RESOLUTION AUTHORIZING TI3E EXPENDITURE OF $25,000.00 PROM UNEXPENDED REVENUE SHARING FUNDS FOR THE CITY OF MIAMI SENIOR ADULT DAY CENTER TO BE ADMINISTERED BY THE DOUBLAS GARDENS JEWISH HOME FOR THE AGED OF GREATER MIAMI AT LEGION PARK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 53. MSNI-BUS SERVICE - CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY TO MIAMI MINI-AL1ADOS: The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO.74-1240 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO HAVE DRAWN A CERTIFICATE OF PUB- LIC CONVENIENCE AND NECESSITY FOR MR. HENRY PINO TO OPER- ATE A FIXED ROUTE BUS SERVICE AS DESCRIBED IN ARTICLE III, SECTION 56-70 ET SEQ OF THE CODE OF THE CITY OF MIAMI; SAID FIXED ROUTE BUS SERVICE, DELINEATED AS ROUTE #7 IN THE SECOND AMENDED APPLICATION FILED OCTOBER 8, 1974, IS TO OPERATE FROM SOUTHWEST 27TH AVENUE AND 8TH STREET, TO PROCEED EASTWARD TO SOUTHWEST 12TH AVENUE TO NORTHWEST 14TH STREET, THEN WEST TO NORTHWEST 22ND AVENUE, THEN NORTH TO'NORTHWEST 20TH STREET, THEN WEST TO OKEECHOBEE ROAD, THEN WEST TO EAST 9TH COURT, IN HIALEAH, THEN NORTH TO 5TH EAST STREET, IN HIALEAH, THEN EAST TO EAST 10TH AVENUE, IN HIALEAH, THEN NORTH TO 49TH STREET, IN HIALEAH, WHERE THE ROUTE TERMINATES, AND RETURNING IN THE OPPOSITE DIRECTION; THE AFORESAID CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I$ TO CONTAIN ALL INFORMATION AS REQUIRED BY SECTION 56-76 OF THE CODE OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES; Mrs. Gordon. ABSENT: 123 NOV -71971 54. LEGION PA , SENIOR DAY CARE CENTER 4, *AT WITH MIAMI Jtil/SH }ME FOR THE AGED TO OPERATE PROGRAM: Ms following resolution was introduced by Conenissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1241 A RESOLUTION'AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MIAMI JEWISH SOME AND HOSPITAL FOR THE AGED TO OPERATE A DAY CARE PROGRAM FOR THE ELDERLY PROM JANUARY 1, 1975 TO OCTOBER 31, 1975 AT LEGION PARK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 55. COCONUT PALM BLIGHT — REQUESTING AID FROM DOMINICAN REPUBLIC & CITY OF BOGOTA, COLUMBIA IN REPLENISHING LOST TREES: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1242 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO CONTACT THE DOMINICAN REPUBLIC AND THE CITY OF BOGOTA, COLUMBIA TO REQUEST ASSISTANCE FOR THE CITY OF MIAMI IN ITS EFFORTS TO REPLENISH ITS COCONUT PALM TREES WHICH ARE DYING BECAUSE OF THE COCONUT PALM BLIGHT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. NOV - 71974 • S6. TAXICABS w ALTERNATE USE STUDY - FIXED ROUTE FROM "LITTLE HAVANA" TO A'AMON HOSPITAL - AMENDING CODE TO PERMIT: AN ORDINANCE ENTITLED - AN ORDINANCE (3MERGENCY) AMENDING SECTION 56-59 OF THE CODE OF THE CITY OF MIAMI BY ESTABLISHING AN ALTERNATE USE STUDY FOR SIX (6) MONTHS FOR TAXICABS TO OPERATE ON A FIXED ROUTE FROM S.W. 8TH STREET AND 12TH AVENUE TO THE MAIN ENTRANCE AT JACKSON MEMORIAL HOSPITAL; PROVIDING A FIXED FARE OG FIFTY CENTS (500) PER PASSENGER, FIVE(5) PASSENGERS PER CAB; REQUIRING AN ALTERNATE USE RATE CARE TO BE DISPLAYED WHEN OPERATING ON THE FIXED ROUTE; ESTABLISHING A PILOT STUDY FOR SIX (6) MONTHS; PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8332. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 57. ACPTG DEED - LOTS 1 THRU 12, BLK 18, FLORAL PARK: The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1243 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI ACCEPTING THE DEED FOR LOTS 1 THROUGH 12, BLOCK 18, OF FLORAL PARK (8/5), AND AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 125 NOV-7Wi4 58. POLICE DEP - REQUESTING PROFESSIONAL lOBJECTIVE INVESTIGATION CITY MANAGER TO SOLICIT PROPOSALS: The following resolution was introduced by Commissioner Gibson, who moved its adoptions RESOLUTION NO. 74-1244 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMIS- SION OF THE CITY OF MIAMI THAT A PROFESSIONAL FIRM, SUCH AS THE POLICE FOUNDATION, BE RETAINED FOR THE PURPOSE OF MAKING AN OBJECTIVE PROFESSIONAL INVESTIG- ATION OF PROCEDURES WITHIN THE MIAMI POLICE DEPART- MENT; SAID INVESTIGATION TO BE SIMILAR TO THE RECENT STUDY MADE FOR THE CITY OF MIAMI BY BOOZ-ALLEN HAMILTON WITH A PRELIMINARY REPORT MADE TO THE CITY COMMISSION WITHIN SIXTY TO NINETY DAYS AFTER SAID FIRM HAS BEEN ENGAGED; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SOLICIT PROPOSALS FROM QUALIFIED PROFESSIONAL FIRMS, AND DECLARING THAT THE FINDINGS OF THE CITY COMMISSION, ACTING AS A SPECIAL INVESTI- GATIVE COMMITTEE INVESTIGATING THE MORALE, EFFICIENDY AND PERFORMANCE OF SAID MIAMI POLICE DEPARTMENT, BE TURNED OVER TO SAID FIRM AFTER ITS SELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolutioi was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 59. CHIEF OF POLICE - POLICY OF COMMISSION WITH RESPECT TO SELECTION: The following resolution was introduced by Commissioner Plummer, who moved its adontinn- RESOLUTION NO. 74-1245 A RESOLUTION DECLARING THE POLICY OF THE MIAMI CITY COM- MISSION, WITH RESPECT TO THE SELECTION OF A NEW CHIEF OF POLICE FOR THE CITY OF MIAMI, TO BE AS FOLLOWS: NO PERM- ANENT APPOINTMENT OF A POLICE CHIEF SHOULD BE MADE UNTIL A PRELIMINARY REPORT REGARDING THE MIAMI POLICE DEPART- MENT HAS BEEN MADE BY A PROFESSIONAL FIRM; THAT THE CITY MANAGER USE THE SERVICES OF THE INTERNATIONAL ASSOCIATION OF POLICE CHIEFS, OR ANY OTHER ORGANIZATION OF EQUIVALENT STATURE, IN THE SELECTION PROCESS; THAT FINAL SELECTION OF THE NEW PERMANENT POLICE CHIEF SHALL BE MADE FROM QUALIFIED CANDIDATES RECOMMENDED TO THE CITY MANAGER BY THE AFORESAID PROFESSIONAL FIRM FROM A LIST OF CANDIDATES SUBMITTED TO THEM BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 126 NOV - 71974 60. tonal OP F EtbSHTP a- Cam' t' MGR. To nett XN' O deormet wrini CANTELOP CONSTRUCTION CO. FOR RECONSTRUCTING: Mr. Reboso: I move it, Mr. Mayor, but I want to make it clear that I have riehe with the cfentl efIan anA the, t,,1'l'.4 that Al er. the expanses that 4111 City had in demolition of the other one would be included. Mr. Andrews: All right, what we'll do, Commissioner Reboso is make up a separate billing of that and transmit that to them for payment and keep that separate from the contractor because the contract is going to be a formal contract that will be entered into at no cost to the City. Mr. Reboso: Evety expense is being included. The following motion was introduced by Commissioner Reboso,, who moved its adoption: MOTION NO. 74-1246 A MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANTELOP CONSTRUCTION COMPANY FOR THE PURPOSE OF RECONSTRUCTING THE TORCH AT THE TORCH OF FRIENDSHIP. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 61. CITY COMMISSIONERS OFFICES - PROVIDING FUNDS: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1247 A RESOLUTION AUTHORIZING THE TRANSFER OF $5,500 FROM THE CONTINGENT FUND TO THE APPROPRIATE ACCOUNT IN THE CITY COMMISSION BUDGET FOR THE PURPOSE OF PURCHASING OFFICE FURNITURE FOR THE CITY COMMISSIONER'S OFFICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 12'7 NOyr " i 1974 62. CITY COMMISSIONERS OFFICES - PURCHASE Or FURNISHINGS: The following resolution was introduced by Commissioner Gibson, who inntrM its adoption: RESOLUTION NO. 74-1248 A RESOLUTION RATIFYING THE MANAGER IN AUTHORIZING THE TWO CITY COMMISSIONERS AND FLOOR CONFERENCE ROOM PROM AT A COST OF $4,184.90. ACTION TAKEN BY THE CITY PURCHASE OF FURNITURE FOR STAFF OFFICES AND A FIRST CENTRAL STATIONERS, INC. (Here follows body of resolution, omitted here on file in the Office of the City Clerk) and Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 63. CITY COMMISSIONERS OFFICES - APPROVING CITY MANAGER'S MEMO ON LOCATION AND AMOUNT OF SPACE: Mr. Reboso: Mr. Mayor, at this time I think it would be proper that I nave that we approve the memorandum from the City Manager dated September 16, 1974 regarding the Commissioner's Office space. It is only two fixed spaces, one for the Mayor and the Vice Mayor and I think the other three we should go by seniority. Mrs. Gordon: Manolo, I would like to remind you that the Vice -Mayor doesn't stay in office for ever. The Mayor does until his next election but the Vice - Mayor is only for one year. Vice -Mayor Reboso: Whoever is the Vice -Mayor will Mrs. Gordon: Will have to move around which might be a great inconvenience if you must remember that. Mr. Plummer: That's alright. You offer it? I second that. Mrs. Gordon: What is the notion? Mr. Reboso: The motion is that we accept the recommendation of. the City Manager of December 16, 1974 in the offices of Mayor and Vice -Mayor and going into the three other offices by seniority. Mrs. Gordon: I don't approve of that and I object right now. Mayor Ferre: Well, what do you want to do, Rose? Mrs. Gordon: I think that that is the position of Vice -Mayor is not a con- sideration. The position of Mayor is a consideration. The fact that the Vice - Mayor moves because he or she goes out of office is not a reason for it to have to move location. I think it is ridiculous. I think the Mayor has his office and the others go by seniority, that's all. All the rest. The Mayor has his offices. That's natural. Mr. Plummer: Under discussion, I think it is only appropriate because of the great number of things that the Mayor cannot do are automatically, people turn around and say can the Vice -Mayor do it. I think the Vice -Mayor's Office should be immediately adjacent to,the Mayor's Office. Mrs. Gordon: mil, you may be moving around very shortly, Mr. Plummer. 128. i4.mV-'a'1974 NOES: Mr. Plummet: Fine! I'll move! Mayor Ferree All tight. There is a motion and a second. Is there further discuhsion on this flutter? Mrs. Gordon: I vote no on the motion. Mayor Ferret Well wait a minute. You see why you say...then you got upset with ine. Can't you wait? Mrs. Gordon: Yea, because I heard the motion and I vote no. Mayor Ferret He hasn't Called your name yet. Mrs. Gordon: That's ok, he's got my vote before he calls it. Mayor Ferre: Call the roll, please. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 74-1249 A MOTION APPROVING MEMORANDUM FROM CITY MANAGER DATED SEPTEMBER 16, 1974 ON THE SUBJECT OF CITY COMMISSION OFFICE SPACE AND THE LOCATION OF THE VARIOUS OFFICES. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre Commissioner Rose Gordon Mr. Plummer: Wait a minute, let's get the whole thing settled right now. Based on seniority I will put and lay claim at this time to the office down- stairs in the corner so that the Manager doesn't get caught in the middle. I have spoken. Rev. Gibson: I'll move down too. Mrs. Gordon: Now wait a minute now. I'll decide tomorrow Mr. Plummer: Nell I have spoken so that is taken care of. Mayor Ferre: That's a squabble between you guys. Mrs. Gordon: J.L., let me ask you something. Come January, you want to move around again? Mr. Plummer: Sure, why not. We'll get all kinds of different exposure. 64. RETIREMENT SYSTEM AMENDMENT - EXTENDING TERM OF EMPLOYEE MEMBER OF BOARD: AN ORDINANCE RETITLED - AN ORDINANCE AMENDING SECTION 2-108(e) OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM (ORDIN- ANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIANI CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMEND- ED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTIC- ULARLY AMENDING SECTION 2-106(e) OF SAID CHAPTER 129 1`1i V - 7 197 4 2, BY PROVIDING AN ADDITIONAL ONE-YEAR TERM TO TERMINATE IN NOVEMBER, 1975 FOR THE MEMBER OP THE MEMBER OF THE RETIREMENT PLAN ELECTED BY MEMBERS OF THE RETIREMENT PLAN JOINED WITH MEM- BERS OF THE RETIREMENT SYSTEM WHO APE NEITHER POLICE NOR FIREMEN; REPEALING ALL ORDINANCES, CODE SECTIONS OR 'ARTS THEREOF IN CONFLICT, INSOFAR AS THEY A:E 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 Commissioner Plummer and seconded by Commissioner Reboso, 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: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8333. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: When are we going to get, Mr. Lloyd, the proposed changes in the ordinances for the Pension System? Mr. Lloyd: Very shortly because we have agreed with the unions that we will have them within 30 days after the union contracts have been executed. They were executed so you will have them some of them probably at the next meeting. Mr. Plummer: Would it be proper for this Commission to go on record or set a date for the termination of the lump sum returns in all fairness? Let me tell you what is... Does anybody else hear me? Does anybody else care? Would you proffer a date? Would it be appropriate that it be November 7th, today? Mr. Lloyd: We haven't passed the ordinance yet so this would require amend- ment to the Pension Ordinance. Mr. Andrews: You can do that to the existing ordinance though, can't you? You could amend the existing ordinance and worry about changing the whole thing later. Mr. Lloyd: We're going to amend the existing ordinance We'll have it at the next meeting, no question. 13U ,.". 1374 65 . INTERNATIOS FOLK FESTIVAL - AGE' iWISMORT ' FREEDMAN FOR CONSULTING SERVICES: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1250 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MORTY FREEDMAN FOR CONSULTING SERVICES TO THE CITY OF MIAMI FOR THE 1975 CITY OF MIAMt INTERNATIONAL FOLK FESTIVAL; ESTABLISHING A FEE OF $6,000 FOR SAID SERVICES AND AUTHORIZING THIS AMOUNT TO HE PAID FROM THE SPECIAL MILLAGE FUND, PUB- LICITY AND TOURISM, PROVIDED BY APPROPRIATIONS ORDIN- ANCE NO. 8316. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 66. MIAMI STAR THEATER - AUTHORIZING CITY TO SPONSOR DURING PERIOD NOVEMBER, 1974 THROUGH SEPTEMBER, 1975; The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1251 A RESOLUTION AUTHORIZING THE CITY OF MIAMI TO SPONSOR A MIAMI STAR THEATER DURING A PERIOD SPANNING PORTIONS OF THE PERIOD NOVEMBER, 1974 THROUGH SEPTEMBER, 1975, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECT THE ACCOMPLISHMENT OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 131 NOV • c 1974 67. "ARTISTS -IN -RESIDENCE CULTURAL DANCE EDUCATION PROGRAM" - CITY MGR TO SUBMIT APPLICATION TO FLORIDA FINE ARTS COUNCIL FOR GRANT: A resolution authorizing the City Manager to submit an ap- plication to the Florida Fine Arts Council to initiate a project entitled "Artist -In -Residence Cultural Dance Education Program" and authorizing the City Manager to accept the grant and execute contracts and agreements with the Cuban Cultural Commission nec- essary to implement the project upon receipt of the grant, was introduced by Mr. Plummer, who moved its adoption. The following discussion occurred: Mrs. Gordon: Would you explain this, please. P. W. Andrews, City Manager: Let me read the resolution and then I'll explain it. Mrs. Gordon: I can read the resolution. Now explain it. Who is it and why is it? Who are they and why are they? Mayor Ferre: This is a program that was started a long time ago by a group of Cuban people who formed themselves in something called the Cuban Cultural Commission. They then applied to the Florida Fine Arts Council for assistance to bring a very well- known, renowned dancer to Miami to be in residence here and teach children here how to dance. It was approved by the Florida Fine Arts Council on --- Mrs. Gordon: Who is the Florida Fine Arts Council? Mayor Ferre: It is a council formed by the Legislature of the State of Florida wherein the Governor appoints a committee and it has a --- Mrs. Gordon: Oh. I understand. Go ahead. Mayor Ferre: It has a manager, and they have money to spend. They also get money from the Federal Government, and the Federal Government's are sent to the State level, and from there they are allocated to deserving cultural programs in each community. This has been chosen as one. Now the problem is that they need a lo- cation. Mrs. Gordon: All right; now who is the Cuban Cultural Commission? What is that? Who are they? Mayor Ferre: That is a group of people headed --I forget who the president is --who is the president? Mr. Reboso: I don't know. Maria Elena Toranjo, I think is the Executive --- Mrs. Gordon: Who? Joseph Paredes: Maria Elena Toranjo. Mrs. Gordon: What is her name? Say it so people can under- stand you. 132 NOV 71974 Mr. Paredes: Maria Elena Toranjo. Mrs. Gordon: OK; and who is the Vice -President. Mr. Paredes: I don't know. Mayor Ferre: It's the same group --- Mrs. Gordon: Who are the other officers? Mayor Ferre: Luis Sabina --It's the same group that always performs on these things --Luis Sabinas--- Mrs. Gordon: Is Maurice Ferre an officer or director? Mayor Ferre: Maurice Ferre is not an officer. You don't have to worry. It's not a political organization. You don't have to worry about it next November. Mrs. Gordon: I am not worried. I just have heard about the fact that you were an officer in this group. Mayor Ferre: If I am I resign. Does that make you feel better? Mrs. Gordon: No; I just want the facts on the table. Mr. Plummer: Even if he was, what difference does it make? Mrs. Gordon: The table has to have the facts. That's all. We are talking about fifteen thousand dollars of money. You are talking about money. Mayor Ferre: You are not. Mr. Reboso: That is State money. They are receiving a grant. Mayor Ferre: She is just all upset because I am on the --- Mr. Plummer: What difference does it make? If I am on a committee or something --let me tell you something, the day that's ever pulled on me there is going to be a new day around here. Mayor Ferre: Plummer, t€o you it doesn't make any difference. Mr. Plummer: Well it does to me. Let me tell you something. I serve on a lot of committees here in this City, and just because I serve on a committee it is going to be questioned? Mrs. Gordon: Wait a minute, now, J. L. Plummer. Don't you call things wrong --don't call anything you don't hear. I asked for who the officers were because I had been told that the Mayor was a member of the Cultural Cuban Commission, and I asked if he was and he said he was not. So he is not; OK. 11-7-74 133 NOV 71974 Mayor Ferre: I'll tell you. Now that you have mentioned it I may be, because I belong to so many of these things. As I re- call --where is Luis? Luis is the guy that knows. I think I am honorary something or other. Mr. Plummer: What difference does it make: Mayor Ferre: I don't know. To Rose it might make a big difference. Mrs. Gordon: On the records it makes a difference. If you are you say so. That's all. Mayor Ferre: I don't know whether I am or not, Rose. I think I may be honorary something or other. I do not sere officially in any capacity. Mrs. Gordon: But the City is being a conduit for fifteen thousand dollars. Is that right? Mayor Ferre: No, Ma'am; that is not correct. The amount of the grant will go directly to the Cuban Cultural Commission. We are not a conduit. We are not involved. Mrs. Gordon: Well it says that the City of Miami will act as a grantee applicant. Mr. Paredes: What happens is that the State of Florida, through the Secretary of State, if this program wants to have groups, either sponsor or through a local municipality or churches -- now they have been working on this project now roughly six or seven months, or a year. They approached the City of Miami and requested to work through the local, the International YMCA, or some other organization in the community. However, when Mr. ---- from Tallahassee came down and met with Mr. Crouch (Assistant City Manager) they made the point that if the City of Miami passed a resolution and accepted the agreement, accepted the grant, from the State it would be a pass -through money for --like we do in many other programs. Mrs. Gordon: We do? Have we done it before? Mr. Paredes: Revenue sharing. Mr. Reboso: Rose, let me tell you what they are asking from us. They are asking from us --the only thing that they need --if not they are going to lose this grant --is that they need to have free space, and the only place that has the free space is the YMCA, but the YMCA needs --- Mayor Ferre: An improved floor. • Mr. Reboso: Right, In other words, it costs about fifty-five hundred dollars, or something like that, to put the floor on; and we are supposed to give them'the further revenue sharing funds, six thousand dollars. So they are asking us here --I think it is the City Manager --to provide the International YMCA with six thousand dollars. Mayor Ferre; Vote against it. Listen, I could care less. I want you to know that Morty Freedman, who is your good friend and 11-7-74 134 campaign manager --and I voted for--- t Mrs. Gordon: Look, Mr. Morty Freedman and 1 have no con- tractual arrangemetr.ts whatsoever. Mayor Ferre: And S have no contractual arrangements with either the Florida Fine Arts Council or the Cuban Zultural Commission, and they don't pay me anything and I dvj't receive any benefits, or otherwise. So; who moves it? Mr. Plummer: I moved it. Mr. Reboso: I move it. Mr. Plummer: Ficte, I second it. Mayor Ferre: Reboso moves, aummer seconds; and this is to give the YMCA six thousand dollars out of revenue sharing funds so that they can proceed in their obligation to the Cuban Cultural Commission and improve the floor so that the Artists -in -Residence Program, as sponsored by the Florida Fine Arts Council and the City of Miami functions. Mrs. Gordon: I want to ask you a question. Is this in lieu of, or in addition to , the eleven thousand the Y requested? Mr. Reboso: No, this is the total amount. Instead of eleven thousand --- Mrs. Gordon: This is in lieu of the eleven thousand they requested. Mr. Reboso: Right. Thereupon the following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 74-1252 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA FINE ARTS COUNCIL TO INITIATE A PROJECT ENTITLED "ARTIST - IN -RESIDENCE CULTURAL DANCE EDUCATION PROGRAM" AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS WITH THE CUBAN CULTURAL COMMISSION NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 11-7-74 135 /do 68. LITIGATION - F.E.C. FILLING OF PROPERTY NEAR OLD PORT SITE CITY ATTORNEY'S REPORT: Mr. Lloyd: I would like to briefly discuss the situation reaardinci the F.E.C. Fill Caee. As ndted in a memo to all of the Commissioners the District Court of Appeals has reversed the temporary injunction. Also was noted in the memo a so called improper entered injunction by the court later reversed does subject the holder of the injunctive process to damages if any flow. The F.E.C. is claiming that the cost of their fill, as explained in the mmo, has arisen because of this fact. Now there is some slight amount of excetjs fill in the amount of about 10,000 yards on the Mayor Ferre: Not a yard, I tell you I will vote against it. I'm not going to vote to give them one yard. We're going to need all of that material for _ our own park and for filling that cul de sac there where we get all of those dead coconuts. Mr. Andrews: We may be able to find fill other places that we can.... Mr. Lloyd: The only thing I need from the Commission is just sort of a statement of intent will it be satisfactory if we find some fill to sell it to the F.E.C. for the price which they could have gotten it from Dade County if it had not been for the F.E.C. injunction. Mayor Ferre: Look, let me tell you how it is so we all understand what this means. And I'm not a lawyer but I've checked with three lawyers on this thing. We went out and we stopped the F. E. C. from filling that property. We did that deliberately here. We went to court. We lost it. It went to appellate court, it was lost. It went to the Supreme Court. It was lost at the Supreme Court. Ok? So we've had it and they're out filling and there's no other place for us to go at this point. They're out filling. In the meantime they had a contract with the U.S. Corps of Engineers to get material the same place we got our material. Now, the U.S. Corps of Engineers won't give them that material now because they say they're out doing something else and filling and I don't know, what have you. Then the F.E C. has gone out and they have contracted with somebody out in west Dade and they're trucking the material in and instead of getting it for I don't know how much, $1.50 or whatever it is costing them $3.00 and they're saying, "Ok, City of Miami, you're at fault, you stopped me, I lost the contract. It is your fault, now you pay." And the difference, my friends, is going to be $300,000 according to the estimate. So I think what we've got to do, Mr. Andrews, is you'd better go call that Corps of Engineers and put your begging hat on and say pleaselfyou guys don't give them the same contract they had before - you're going to cost the City of Miami a lot of money if we loose. And I assume according to Mr. Lloyd, what you told me is that it would not look very good in court. Mr. Lloyd: That's correct. INAUDIBLE Mayor Ferre: Mr. Manager, do you need any resolutions of any kind? Mr. Andrews: No, I don't think so. We know what needs to be done. The Com- mission is all aware of it. Mayor Ferre: Yes, but please do it soon because everyday costs money. 69. MARINE STADIUM IMPROVEMENTS - REQUESTING CITY MANAGER TO SUBMIT RECOMMENDATIONS: Mr. Plummer: Mr. Mayor, I have been asked definite decision, anti I don't think it is I have a note here that we have a decision Marine Stadium before us no later than the able with you? Mr. Andrews: What improvements? by the Navy League that we make some unreasonable. As a matter of fact on the improvements of the Miami second of December. Is that agree - Mr. Plummer: The improvements such as the trailer storage, the skeet shooting, the miniature golf courses and all of that which was proposed in the memorandum of the Manager. Miami Marine Stadium. I would like to have it brought up for Commission approval so they could get started with it on the second of December. Is that agreeable with you? Do you want a motion? I'll move that the Manager 136 NOV-71974 bring a completed form of irprovemedts from Miami Marine Stadium its ontlitiMd in hie memorandum by the second of December. The following motion was introduced by Commissioner Plumea r,, who moved its adoption: MOTION NO. 74-1253 A MOTION REQUESTINGG THE CITY MANAGER TO SUBMIT TO THE COMMISSION FOR ITS APPROVAL NO LATER THAN DECEMBER 2, 1974,. HIS RECOMMENDATIONS FOR IMPROVEMENTS AT THE MARINE STADIUM. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 70. PROPOSED CONVENTION CENTER - DISCUSSION: Mr. Plummer: Mr. Mayor, the other item that I want to bring before this Com- mission in relation to the comments that you made this morning, I have been rpreivina cnnRtant calls from the Hotel Association, rightfully so accusing us of not doing anything on the Convention Center. Now, I think that we have to put the Manager, I assume, under some kind of deadline because I've been on this Commission four and a half years and all we're doing is still talking. Mayor Ferre: J.L., I'll tell you, Paul and I have been working on something. Will you hold that off for about another month or so? Mr. Plummer: I'd be happy to as long as I can tell those people that some thing is being done. Mayor Ferre: We're working on scatething and we'll be back hopefully within a month. Mr. Plummer: Ok. 71. INTERAMA - GRAVES TRACT - DISCUSSION: Mrs. Gordon: The Interama property that we own up there, do we own the title to that land? Mr. Andrews: Yes, 92 acres, yes, ma'am. Mrs. Gordon: Ok, if we gave that to the state or the county, whoever becomes the recipient of that property, would we get the 81 million dollars? Mr. Andrews: That is a policy decision that the Commission will have to make. It would be ay recommendation. Mrs. Gordon: Are we elgible for it? Mr. Andrews: We are. Yes. Mrs. Gordon: All right, my recommendation is that we think along these lines, that we take that money and use that money for a convention center and add it to the $4,000,000 that we already have. Mayor Ferret That's exactly what we've been working on. Mrs. Gordon: Well, it doesn't take a month to figure that out. Mayor Ferret Yes it does because the State hasn't told us that they're going to give it to us and that means that Mrs. Gordon: Then I have extra sensory perception then. 137 NOV -71974 Mayor Ferre: You've got better than that, Rose. Mrs. Gordon: Carl you do that, Mr. Manager? Mr. Andrews: Yes. This is however, a policy decision that the Commission should come to and I wail going to recommend to the Commission that if we're put in a position of doing anything with that Interama land that the first consideration should be to receive the $s million dollars. Mayor Ferre: I have already gone on record at Interama Meetings even though, and I made it clear that I had not taken it to my Commission but I was sure that they would agree that our first choice would be to get 8s million dollars, that we will not give up any of the land otherwise or we keep the land. I made that clear at an Interama Meeting. Mr. Andrews: There is a second area that you should be conscious of and I'm trying to bring the Water Department agreement to a conclusion somehow but there is potentially $6,000,000 or so over on Virginia Key. Mayor Ferre: Well Ok, that's what we're working out. Mr. Plummer: And they're going to be paid in a lump sum. Mayor Ferre: Yes. That is true. 72. BLDG PERMIT - APARTMENT BUILDING AT 2679 TIGERTAIL AVENUE: The following resolution was introduced by Commissioner Plummer, who mowed its ado',tion! a RESOLUTION NO. 74-1254 A RESOLUTION AUTHORIZING THE BUILDING DIRECTOR TO ACCEPT AN APPLICATION FOR A BUILDING PERMIT FOR A 12-UNIT APART- MENT BUILDING TO BE LOCATED AT 2679 TIGERTAIL AVENUE, SUBJECT TO THE FOLLOWING CONDITIONS: (A) THE NOTATIONS ADDED TO THE SITE DEVELOPMENT PLAN, AS APPROVED BY THE BUILDING DEPARTMENT, DEPICTING THE TYPE AND LOCATION OF LANDSCAPE PLANTS, BE CONSIDERED PART OF THE APPROVED PLANS; (B) THE TWO LARGE OAK TREES ALONG THE REAF.PROP- ERTY LINE AND IN THE SOUTHWEST CORNER OF THE LOT BE RETAINED IN THE DEVELOPMENT OF THE SITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 138 NOV -71974 E 73. APPOINTING MEMBERS TO COMMITTEE TO PROCEED WITH PLANS FOR SERVICES TO THE SOON -TO -BE RELEASED INMATES OF PENAL INSTITUTIONS: Tha following motion was introduced by commissioner plummet,, who moved its adoption: MOTION NO. 74-1255 A MOTION TO APPOINT DICK PETTIGREW, CHARLIE POTTER, LESTER FREEMAN, JUDGE CALVIN MAPP, ALFRED BROWNING PARKER, RICK LEONARDI, DR. JEFF SILBERT TO THE COMMITTEE TO PROCEED WITH THE PLANS FOR SERVICES TO THE SOON -TO -BE RELEASED INMATES OF PENAL INSTITUTIONS. Upon being seconded by Comm:.ssioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 74. MIAMI BOXING STEERING COMMITTEE - APPOINTMENTS: The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1256 A MOTION TO APPOINT CLAUDE ROLFE, COMMISSIONER EDWARD STEPHENSON AND DR. ANGEL DEMOS TO THE BOXING STEERING COMMITTEE OF THE CITY OF MIAMI. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 75. BOXING COMMITTEE - DESIGNATING ONE TYPEWRITER FOR USE OF: Mr. Plummer: I make a motion at this time that the City Manager forward for the use of the Boxing Department one electric typewriter. The preceding motion, introduced by Mr. Plummer, seconded by Mrs. Gordon was passed and adopted by a unanimous vote. NOES: None. 76. LATIN RIVERFRONT PARK - CITY ATTORNEY'S REPORT ON ACQUISITION OF PROPERTY: Mr. Lloyd: Regarding Latin Park, we are on appeal from the decision of the lower court denying us the right to take the property. Really in the only por'tio.1, not? there are tie* perce7s of nro1ertr "asica11., in contention, the property owned by the Rays which they are willing to sell to us and have always been willing to sell to us. It is only a matter of right and the Cox property in which we have been negotiating they have finally told us after suggesting that our appraisers get together, the attorney has told me there is no use in it. Now the Latin Park, our problem is we've got a demand after negotiations from the Rays for a price of $500,000 for the land and 5% attorneys fees which comes to $25,000 and of course the expenses which we don't know exactly how much they are. They will not come to more than $10,000. I bring this as a point of information. We have no offer from Cox. Now the problem we're facing regardless of the price is that of course while we feel our position in court 139 NOV - 71974 on the appeal is tenab:.e if the District Court of Appeal upholds the decision of the lower court we have at one end, of course, the Centro Mater property and if we buy the Ray property why then we have a piece in between that we don't know We're going to get. And in the meantime, as I told the Commission months ago that We don't know exactly how much the ultimate price is going to be so we're not certain as to whether we have the money for it. Mayor Ferre: Mr. Andrews, I think you ought to investigate this and come back with a specific recommendation. We may have to go to another location and start all over again. Mr. Andrews: That's right. Otherwise Mayor Ferre: I've got an idea for you Mr. Lloyd: Now there is one reason why speed is essential because the Rays who have always been willing to sell us their property subject to a negotiated price in good faith, before this condemnation was started secured a mortgage on their property for the purpose of developing it and they are claiming the interest on that mortgage. Now this I have to tell you as a matter Mayor Ferre: Can't Jt wait until the 21st? Mr. Lloyd: Sure it can. It can wait but I say it doesn't make that much dif- ference. Mr. Plummer: What about the $12,000 we agreed for another appraiser? Mr. Lloyd: We've had those appraisals and we've got those reports. Mr. Plummer: The last $12,000? Mr. Lloyd: Oh, yes we did. We haven't spent it yet but they're going to send us a bill for some figures... We've got those appraisals. This is the apprais- als on which I based the new negotiations on. I have those appraisals. Yes. I ordered those appraisals on that basis. Certainly I did because I was ordered to and I have the appraisals. (INAUDIBLE) You don't have to, but I have to bring these things before you. It will be because we've got tie appraisals and we'll be getting the bill. Mayor Ferre: Paul, will you look into this whole thing and guide us through this? Nobody is blaming you, Mr. Lloyd. 77. DOWNTOWN GOVERNMENT CENTER - CITY ATTORNEY'S REPORT ON ACQUISITION OF PROPERTY: Mr. Lloyd: Now another thing that I have to bring before your attention. Now the Government Center case on damaaes only, on the amount we're gninc: to nay on land only, we have a declaration of taking of May 31, 1973 comes up on November 18th. It was continued twice since May 24 because Howard Hadley was allowed to withdraw from the cage over our objection. Now, since that time pursuant to Commission direction I hired Robert Reynolds who has resigned to go to work for Brigham at a salary half again the price that we were able to pay him, $45,000 a year. We couldn't keep him. Now then, he was scheduled to handle this case. Since then I negotiated and secured the services of a lawyer for the D.O.T. who agreed to come, his wife wouldn't agree to it so he couldn't come. The point is at this point I do not have anybody in my depart- ment. Now, if we can get the case continued I can secure the services of special council. But I have to get a declaration of intent from this Commis- sion that if I secure the services of special council I'll be allowed to so that I can .go before the court and ask for a continuance. Mr. Plummer: I offer it. Mayor Ferre: Plummer moves, you second, further discussion? You've got to do that, you've got no choice. This is in the Government Center. Mr. Lloyd: Now another thing I want to tell you is.... Mayor Ferre: Now wait a minute, let's vote on this. going to tell us something on this? Mr. Lloyd: Yes, I want to tell you this that if the All right? Or are you judge denies the continuance 140 NOV - 71974 1 I personally with the assistance of Mr. Anderson will try the case. Mayor Pierre: Lots of luck. Mr. Lloyd: That is the only alternative we have. Mayor Ferret You don't have enough to do anyway, right? Mr. Lloyd: But this I have to tell the Commission. I will do the best I can. (INAUDIBLE) Providing the court gives us the continuance. If the court refuses in its discretion then I have no other alternative but to do it myself. This I had to bring before the Commission. The preceding motion was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed and adopted unanimously. NOES: None. 78. LITIGATION - CITY ATTORNEY'S REPORT - CONDEMNATION OF 'WILSON" PROPERTY: Mr. Lloyd: Now in the light of this I must bring these items also before the Commission. We have an offer of settlement of parcel owned by Marjorie Wilson. The number of the parcel doesn't make any difference but John Farrel is the attorney. Our appraisal Was for $5.30 per square foot or $40,300. Mayor Ferre: John, may I suggest this Commission is in no condition to go through all of the mental gymnastics that it is going to take to understand what you're going to come up with. I would recommend if it could wait, can it wait? Mr. Lloyd: Well, it can wait if we get a continuance. Now the only thing is if we don't get a continuance I'll have to bring it to the Manager and if it appears feasible to have a special Commission Meeting to decide this, and I'm perfectly happy to do that. Mayor Ferre: Mr. Lloyd, we have to have a drawing so that we know where the land is. You're going to have a description of it. I mean we can't do it like this. Mr. Lloyd: I understand you can't. Vice -Mayor Reboso: We have been here 13 hours. I move to adjourn. NOTE: Commissioner Rose Gordon left the meeting at 10:05. Mayor Ferre: Wait a minute, Rose, one more thing. 79. "TWENTIETH CENTURY CLUB" - CITY ATTORNEY'S REPORT ON LITIGATION: Mr. Lloyd: I'm sorry, but I had to. I want to know whether or not we should appeal the Commission on a matter involving a permit which was applied for for the Mutin_u, the 'Twentieth Cantu, y C3 ub, which wrIS Agniori lsu the n,li1 dine manart- went. They took it to court, the court granted them a building permit so they don't have to go back for another conditional use. Now, we feel that the best thing to do is not to appeal although we have a tenable position. Mr. Plummer: Is this on the premises or is this for an expansion? Mr. Lloyd: This is for an expansion on the present premises. Mr. Plummer: Ha, ha. Let me tell you something. They had to get a variance to put the first one in there for parking. Now they're expanding the damned thing and they're not going to provide any more parking. Mr. Lloyd: No, part of the deal is to provide additional parking. Mr. Plummer: How much, are they going to comply with the Code? Mr. Lloyd: They will have to comply with the Code. Mr. Plummer: On the first item? Mr. Lloyd: Yes. Mayor Ferre: In other words everything will be in compliance? Well what are we going to court for, I don't understand? 141 NOV -`r1974 Mr. Lloyd: Because e Building Director would not iegue than a building peritiit. Mr. Plummer: You know when this thing is going to hit the fan? At the end of December when that street is finished out there. You go by there right now and 1 guarantee you there is 30 cars parked in the street. Mr. Lloyd: We don't care one way or another, we're happy to take the appeal. Mr. Plummer: Go out there and put tickets on them! Mt. Andrews: My recomsiendation is that they follow, don't they have to go to public hearings on Mr. Lloyd: The court just said they didn't have to. That is the point. That is what we're appealing on. Mayor Ferre: The court sided with them. Do we appeal, yes or no. Who was the judge on that? Mr. Michael Anderson: Judge Stone. Mayor Ferre: I thought we elected him to the senate. Ok, I'm only being facetious. Mr. Lloyd: We want some direction from the Commission. If the Commission says go ahead, unless you tell me not to, tomorrow we're going to file an appeal. Mayor Ferre: I don't know, what do you think? Mr. Andrews: I think what you ought to do is go ahead and appeal and if we loose the appeal then you don't have any.... Mayor Ferre: All right, go ahead and appeal it. Does everybody agree with that? Ok. I think Mr. Andrews is right. Thank you for helf ing us at this late hour. Mr. Andrews, in the future, out of courtesy to the Law Depart- ment you ought to schedule them somewhere because you know it always comes up at the end and we're always There being no further, business to come before the CitY Commission, the meeting was adiourned at 10:10 P.M. ATTEST: N.D. Southern CitY Clerk Ralph G. OnBie Assistant City Clerk Maurice A. Ferre Mayor 142 NOV -71974 Ci. Y OF MIAMI DcCIJ IEN'1 INDEX MEETING DATE: NOVEMBER 7, 1974 ITEM NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT (20 pgs) CONSTRUCTION OF A' N.W. 7th AVENUE. CONDITTIONAL'USE STRUCTURE ,LOT 20 BOULEVARD. NEW FIRE STATION NO. 6 - 3600 - MECHANICALLY OPERATED PARKING BLK. 83. N.E. 3rd AVE. BISCAYN DEMOLITION OF GILFORD RESIDENCE - DEVELOPMENT OF PARKING EXPANSION FOR RYDER COMPUTER SERVICE CENTER IN COCONUT GROVE. AGREEMENT WHEREBY OMNI INTERNATIONAL AND IMPRO- VEMENTS OF A HIGHWAY ASSESSMENT DISTRICT. REPEALING ORDINANCE NO. 8318, PROVIDING FOR ADJUSTMENT IN PENSIONS OF ALL BENEFICIARIES OF MIAMI CITY EMPLOYEES RETIREMENT SYSTEM. ACCEPT COMPLETED WORK - D.M.P. CORPORATION. AUTHORIZE A NOTICE OF PUBLIC HEARING - SAN MARCO SANITARY SEWER IMPROVEMENT. REINSTITUTE RAIL PASSENGER SERVICE THROUGH ATLANTA, GEORGIA. AGREEMENT / ARNOLD L. LIEBER - PERFORM PROFESSIO -NAL PSYCHIATRIC CONSULTANT SERVICE TO DEPT.' OF POLICE. CLAIM SETTLEMENT - ARTHUR LANDRY. AMEND RESOLUTION 74-1084 - BY GRANTING APPLICA- TION - CERTIFICATE PUBLIC CONVENIENCE NECERRTTY APPROVING AN EMERGENCY PURCHASE OF MEDICAL SUPPLIES - USE BY THE RESCUE DIVISION OF THE FIRE DEPT. AUTHORIZE PUBLICITY ADVERTISE OF PROSPECTIVE MEMBERS OF THE ENVIROMENTAL PRESERVATION REVIEW BOARD. REAPPOINTMENT OF MITCHELL WOLFSON TO THE OFF- STREET PARKING BOARD OF THE CITY OF MIAMI. APPLICATION FOR CERTIFICATE OF CONVENIENCE CITY COMMISSION - CITY OF MIAMI'. ACCEPT BID-MOTOROLA COMMUNICATIONS AND ELECTRONICS,INC.-POLICE DEPARTMENT I COMMISSION —FIETRIEVAL ACTION I CODE NO _ R-74-1212 R-74-1213 R-74-1214 R-74-1216 R-74-1218 R-74-1219 R-74-1220 R-74-1221 R-74-1222 R-74-1223 R-74-1224 R-74-1225 R-74-1226 R-74-1230 0080 74-1212 74-1213 74-1214 74-1216 0081 74-1218 74-1219 74-1220 74-1221 74-1222 74-1223 74-1224 74-1225 74-1226 0082 74-1230 DOCUMENTil NDEX DOCUMENT IDENTIFICATIONC ONTIN ACTPage# 2 ION CODE N0�_ ITEM N0. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 • ACCEPT BID-BRANAM ELECTRIC CO.-CLEMENTE PARK -BALL FIELD LIGHTING ACEPT BID-G.T.F. CORP.-CONSTRUCTION OF N.W. 29 STREET HIGHWAY IMPROVEMENT-H-4361 ACCEPT BID-D.M.P. CORPORATION -CONSTRUCTION S.W. 27 AVENUE PAVING PROJECT AWARD BID -MARKS BROTHERS COMPANY - CONSTRUCTION NORTHERN DRAINAGE. PROJECT OPPOSING THE ATTEMPT TO TRANSFER THE RACING DATES FROM HIALEAH RACE TRACK TO ANY OTHER RACE TRACK REQUEST KAISER ENGINEERS STUDY REPORT -"PEOPLE MOVER" SYSTEM IN THE DOWNTOWN AREA PROFESSIONAL SERVICES -CONSTRUCTION PARKING GARAGE -POLICE HEADQUARTERS BUILDING APPOINTING VICE -MAYOR MANOLO REBOSO AS CITY OF MIAMI'S REPRESENTATIVE ON RAPID TRANSIT STUDY COMMITTEE - UNEXPENDED REVENUE SHARING FUNDS FOR THE CITY OF MIAMI SENIOR ADULT DAY CENTER -THE DOUGLAS GARDENS JEWISH HOME FOR THE AGED MR. HENRY PINO TO OPERATE A FIXED ROUTE BUS SERVICE AS DESCRIBED IN ARTICLE III, SECTION 56-70-CODE CITY OF MIAMI CONTRACT WITH THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED -DAY CARE PROGRAM FOR THE ELDERLY -LEGION PARK REQUEST ASSISTANCE FROM DOMINICAN REPUBLIC AND CITY OF BOGOTA,COLOMBIA TO REPLENISH COCONUT PALM TREES OF CITY OF MIAMI ACCEPTING DEED FOR LOTS 1 THROUGH 12, BLOCK 18 OF FLORAL PARK AND TO RECORD SAID DEED IN PUBLIC RECORDS OF DADE COUNTY POLICE FOUNDATION -INVESTIGATIONS PROCEDURES IN THE MIAMI POLICE DEPARTMENT POLICY OF MIAMI CITY COMMISSION:"NO PERMANENT APPOINTMENT OF A POLICE CHIEF SHOULD BE MADE UNTIL PRELIMINARY REPORT FROM POLICE DEPARTMENT HAS BEEN MADE" TRANSFER FROM CONTINGENT FUND TO THE APPROPRIATE ACCOUNT -PURCHASE OFFICE FURNITURE FOR CITY COMMISSIONER'S OFFICES PURCHASE OF FURNITURE FOR CITY COMMISSIONERS AND STAFF OFFICES FROM CENTRAL STATIONERS, INC R-74-1231 R-74-1232 R-74-1233 R-74-1234 R-74-1235 R-74-1236 R-74-1237 R-74-1238 R-74-1239 R-74-1240 R-74-1241 R-74-1242 R-74-1243 R-74-1244 R-74-1245 R-74-1247 R-74-1248 74-1231 74-1232 74-1233 74-1234 74-1235 74-1236 74-1237 74-1238 74-1239 74-1240 74-1241 74-1242 74-1243 74-1244 74-1245 74-1247 74-1248 DOCUMEIVTMDEX CONTI UED Page # ITEM NO. DOCUMENT IDENTIFICATION COMMISSION ACTION 35 36 37 38 AGREEMENT WITH MORTY FREEDMAN -CONSULTING SERVICES -INTERNATIONAL FOLK FESTIVAL AUTHORIZING CITY OF MIAMI TO SPONSOR A MIAMI STAR THEATER -PERIOD NOVEMBER 1974 THROUGH SEPTEMBER 1975 APPLICATION FLORIDA FINE ARTS COUNCIL -PROJECT "ARTIST -IN -RESIDENCE DANCE EDUCATION PROGRAM" ACCEPT APPLICATION BUILDING PERMIT-12-UNIT APARTMENT BUILDING-2679 TIGERTAIL AVENUE R-74-1250 R-74-1251 R-74-1252 R-74-1254 RETRIEVAL CODE NO. 74-1250 74-1251 74-1252 74-1254