Loading...
HomeMy WebLinkAboutCC 1973-04-19 Minutesi MIAMI CITY COMMISSION MINUTES OF MEETING HELD ON THURSDAY, APBI1 14, 1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK ITEM NO. SUB .JECI INDEX MINUTES._OF _REGULAR11EETING CLTY MM.ISS.I4NJENAML..FLORLDA APRIL 19, 1973 ORDINANCE AND OR RESOLUTION N0. 1, WAIVING MINUTES OF PREVIOUS MEETING 2. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION 3, SELECTION OF CANDIDATE FOR INTERIM MAYOR OF THE CITY OF MIAMI 4. "76" CAPITAL IMPROVEMENT PROGRAM AND 73_�38 AND TRACY SANITARY SEWER IMPROVEMENT mil 5. ACCEPI COMPLETED WORK- MUSA ISLE SANITARY SEWER IMPROVEMENT 73-240 6, ACCEPT COMPLETED WORK - WESTERN DRAINAGE PROJECT E-26 73-241 7, ACCEPT PLAT - LEAR SUBDIVISION 73-242 8, ILS OUTER MARKER POLES STREET RIGHT OF WAY -NORTH MIAMI AVENUE 73-243 9, DENYING CERTAIN CLAIMS - MISCELLANEOUS 73-244 10, CLAIM SETTLEMENT- JOSEPH & JOAN HARRIS 73-245 11, CLAIM SETTLEMENT -JERRY LEWIS 73-246 12. CLAIM SETTLEMENT - LOVETT KING 73-247 13. CLAIM SETTLEMENT - STANLEY R. AVERY 73-248 14. MODIFICATIONS TO MUNICIPAL JUSTICE BUILDING 73-249 15, ACCEPT COMPLETED WORK CRYSTAL STORM SEWER PROJECT - 1972 73-250 16, ACCEPT COMPLETED WORK MOORE PARK TENNIS CENTER 73-251 17, PROJECT 136 -"76" CAPITAL IMPROVEMENT PROGRAM - SELECT APPRAISER 73-252 18, AUTHORIZE CONTRACT FOR EXTERNAL AUDIT 73-253 19. FREE USE OF BAYFRONT PARK AUDITORIUM CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL 73-254 20, FREE USE OF MARINE STADIUM MARINE COUNCIL_ANNUAL "SEA CIRCUS" 73-255 21, PARADE, RALLY & USE OF BAYFRONT AUDITORIUM SPIRITUAL REVOLUTION DAY 73-256 22, RATIFICATION OF AGREEMENT-EDW.STONE ETC. PROPOSED DEVELOPMENT OF WATSON ISLAND 73-257 23. PLAQUE AND FUTURE PORTION TO BE.NAMED FOR CAESAR LAMONACA (BAYFRONT PARK) 73-258 24, AGREEMENT- COJ:IPRL11►ENSIVE MANAGEMENT STUDY & PERSONNEL SYSTEM - BOOZ-ALLEN ° IHAMILTON 73-259 25, BID AMU - RE I D ACRLS HIGHWAY IMPROVEMENT 11-4349 73-260 PAGE NQ. 1 1 1====13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 24 24 ITEM NO. OBJECT \, ORDINANCE AND OR RESOLUTION N0. 26. BID AWARD- DRAINAGE PROJECT A-3 73-261 27. BID AWARD - CRIME SCENE SEARCH KITS 73-262 28. BID AWARD - 4-COLOR BROCHURES 73-263 29. BID AWARD - 260,000 LEAD PISTOL BULLETS 73-264 30. BID AWARD - 16 MM ROTARY MICROFILMER 73-265 31, BID AWARD - ASST.PHOTOGRAPHIC EQUIPMENT 73-266 32. ARRIVAL OF MR. MAURICE FERRE SEWARING IN CEREMONY AND STATEMENTS 33. APPOINIMENT OF VICE -MAYOR 73-267 34. RESCIND RESOLUTION NO. 73-215 EASTER SUNRISE SERVICE 73-268 35. RECEIVE SEALED BIDS SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT & SOUTH BAYSHORE DRIVE SIDEWALK IMP. 73-269 36. OBJECTIONS TO CONFIRMING ORDERING RES. VIRGINIA GROVE HIGHWAY IMPROVEMENT 73-270 37. COND I T II ONAJL. USE LOTS & Ll, BLOCK 7 BOWLING GREEN DEFERRED 38. CHANGE ZONING CLASSIFICATION LOT 3, $LOCK 7 BUENA VISTA PARK AMD FIRST READING 39, CLOSE STREET -VACATE ALLEY-COND,USE-VARIANCE LITTLE RIVER CENTER 73-27�-2-3 40, CHANGE ZONING CLASSIFICATION LOT 1, LK. , HAYNESWORTH VILLAGE FIRST READING 41. VARIANCE- LOT 71 GRAPELAND CENTER 73-274 42. CONDITIONAL USE LOT 1-2, DOUGLAS 7TH COMMERCIAL CNTR AMD 73-275 43, VARIANCE & CONDITIONAL USE LOTS ,6,7,8-BLK. NEW LIBERTY CITY 73-276 & 277 44, CHANGE ZONING CLASSIFICATION LOTS ,8,9,10,BLK LAWRENCE ESTATE LAND CO. FIRST READING 45. VARIANCE -TRACT 1 STURGEON HEIGHTS ACRES 73-278 46. CONDITIONAL USE LOTS ,19,20,BLK 16 RAILWAY SHOPS 73-279 47. CONDITIONAL USE, LoTs 11=15 & 31,35 BLOCK JACKSON PEACOCKS SUB 73-280 48. QEQUESI PERMISSION TO FILL SUBMERGED LAND )6TH STREET BAYFRONT SUBDIVISION DEFERRED 49. FILL SUBMERGED LAND OLD PORT SITE FOR BICENTENNIAL PARK 73-281 50. APPEARANCE OF LU I S SALAS LATIN AMERICAN LEGAL SERVICES 73-282 pp N . 25 25 26 26 27 27 28 & 29 30 30 31 31 & 32 32 & 33 33 34 & 35 36 36 & 37 37 37 & 38 38 & 39 39 40 40 & 41 41===43 44 44 & 45 ITEM NO. SUBJECT ORDINANCE AND ORP GE RESOLUTION NQ1 51, REQUEST OF COCONUT GROVE ASSOCIATION FOR CHANGE OF NAME OF COCONUT GROVE BAYFRONT PARK TO PEACOCK PARK DEFERRED 52, REQUEST PERMISSION TO FILL SUBMERGED LAND 36TH STREET BAYFRONT SUBDIVISION 73-283 53, APPOINTMENT OF MEMBER TO PLANNING BOARD DISTRICT 1LL REV,THEDFORD JOHNSON 73-284 54, PUBLIC HEARING ON GARBAGE COLLECTION DISCUSSION 55, EXTEND EXISTING CONTRACT-H.LEsLIE QUIGG 73-285 56, REQUEST PREPARATION OF CERTIFICATES OF APPRECIATION TO RESPONSIBLE PERSONS FQ$6 73-286 SUPER BOWL BEING PLAYED IN MIAMI IN 9 57, FACILITIES FOR HANDICAPPED PERSONS IN VOTING PRECINCTS 73-287 58, REQUEST FOR PROCLAMATION 25TH ANNIVERSARY OF COCONUT GROVE CARES DISCUSSION 59, SALARY DISLREPENCY BOXING SUPERVISOR 73-288 60, EXECUTIVE PAY PLAN ' 73-289-90-91 61, BID AWARD - 38 CALIBER REVOLVERS 73-292 62. BID ►';ARD - SALE OF 195 CONFISCATED GUNS ! 73-293 63, BID i++ARD - AMMUNITION RELOADING EQUIPMENT 73-294 AND PRIMER TUBE FILLER + 64 MD i% AWARD - CAMERAS AND ACCESSORIES i 73-295 65, BID N ARD - CHEMICALS +=OR SANITATION DEPT. .73-296 66. BID AWARD - BASE RADIO STATIONS AND MISCELLANEO'IS ELECTRONIC EQUIPMENT 67. BID AWARD - PLUMBING ADDITIONS TO MUNICIPAL JUSTICE BUILDING 68. BID AWARD - MUNICIPAL SHOPS AND INCINERATOR PAR►;IF;G LOT FENCING • 6Y, COADE ,,AT I ON - PROPERTY FOR EXPANSION OF DINNEP KEY MARINA 70, PAPiIAL FINAL ORDER FRA KLIN COHEN ET AL VS. CITY OF MIAMI 71, USE OF OLD FIRE STATION NO. 2 N.MIAMI AVENUE AND 14TH STREET 72. SLPAPATIO: OF POLICE & FIRE PENSION SYSTEM FROM Tr1E GENERAL EMPLOYEES PENSION PLAN 73. IV[ `;T ! 6.AT I 0+! OF ALLEGED ABUSES TO 9ET ! r: ' _NT ;,TEM, PROVIDING FUNDS (RET;.::• CE'EG1 T COMPANY) 45===49 50===53 53 54 54 55 55 & 56 56 57 58===68 68 68 & 69 69 69 70 73-297 70 73-298 i 71 73-299 , 71 ! 73-300 72 1 I 73-301 ; 72 'DISCUSSION ! 73 & 74 & DISCUSSION 73-303 77 & /8 • MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 19th day of April, 1973, the City Commission of Miami, Florida, met at its re:star meeting place at City Hall in said city in regular session. The meeting was called to order at 9:15 O'Clock A.M. by Vice Mayor Rose Gordon with the following members of the Commission present: Mr. Plummer, Mr. Reboso, Reverend Gibson and Mrs. Gordon. ABSENT: None An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. 1, WAIVING OF MINUTES OF PREVIOUS MEETING The following motion was introduced by Reverend Gibson who moved its adoption: A MOTION TO WAIVE THE READING OF THE MINUTES OF THE PREVIOUS CITY COMMISSION MEETING Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None 2, PRESENTATION OF CERTIFICATES OF APPRECIATION -PLAQUES ETC. (a) A proclamation of "Miami Toros Professional Soccer Week" Mr. Dan Paul, Attorney appeared to accept (b) Presentation of Plaque to Officer Gerald Green of the Miami Police Department honoring him as Officer of the Year (c) A proclamation commemorating "Coconut Grove Centennial Weekend" 3, SELECTION OF CANDIDATE FOR INTERIM MAYOR OF THE CITY OF MIAMI The Vice Mayor announced the Commission was now ready to proceed with the matter of the selection of an Interim Mayor. Mrs. Gordon: We will now take up the matter which was left un- finished last week which is the matter of appointing an interim Mayor to fill the seat during the time that Mayor Kennedy is not with us. There is another matter that will also come up and that is to appoint a Vice -Mayor for the rest of this year. It has been customary for a Vice -Mayor to serve for a year and my term is expiring this month, coincidentally, so we will take that up after the appointment of the Interim Mayor. At this time, I would like to call on Mr. Rothstein to tell us of the proper procedure that we should follow. Mr. Rothstein, City Attorney: The two names are presently in nomination and its still available for other names to be put into nomination. I think the appropriate procedure, while I have delivered to each of you yesterday evening, a copy of the investigative report, it probably would be approproate for public purposes to read just my memo, not just the attached documents, if that is the Commission's wish and then the Commission can proceed to consider the nomination and proceed to take other nominations if there are to be any, then take a vote. i APRIL 19, 1973 4 \ t Mrs. Gordon: Your memo and your notes were delivered quite late and I personally have had no chance yet to go over them because they are lengthy and I received them very very late, so I would like for you to go into a little bit greater detail than perhaps you would have ordinarily by way of your memo. Mr. Rothstein: Would you like me to proceed now Maam? Mrs. Gordon: Yes, go right ahead. Mr. Rothstein: This is dated April 18, 1973 directed to the Honorable Members of the City Commission of the City of Miami. The subject matter is the investigation pursuant to the direction of the City Commission at a special meeting on April 12, 1973 .Z This memorandum is divided into two parts. The paragraphs set forth below on this page deal with the legal question as to whether any of the matters contained in the investigation done by the City Attorney, as was directed by the Commission, dis- qualifies Maurice Ferre from legally holding office as temporary acting Mayor of the City of Miami. The second part which is attached hereto, deals with the report of the investigation. The report itself contains a summary of the results of the investigation together with supporting documents giving greater detail concerning the matters in the investigation - report where appropriate. Part 1: The criteria fox disqualification from holding office in the State of Florida is set forth in the Constitution of the State of Florida, Article 6, Section 4 (see below) .* The matters of disqualifications are conviction of a felony or adjudication of mental incompetence. This office can find no conviction of a felony of Maurice Ferre or Maule Industries, Inc. or an adjudication of incompetency. Therefore, under the law, Mr. Ferre is qualified to be appointed temporary acting Mayor of the City of Miami. As the Commission may recalls, you also asked me to request an opinion of the Attorney General after giving him the information arising out of the investigative report and so I go on to say: Accompanying this memorandum is a letter from Attorney General Shevin who states that Mr. Porre "is qualified under the law to assume the duties of tho office of Mayor". IIo further states in discussing the various civil litigation matters as covered in the investigation report "do not appear to reflect significantly upon the individual's qualifications for the office in a factual sense". § 4. Disqualifications No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of dis- ability. Invest. dative Report of Investigation Directed by the City Commission 1. Review of Court Files. A review of the Court files, Civil and Criminal, State and Federal in Dade County for the past ten (10) years by Assistant City Attorneys on the Staff of the Department of Law, reflect no criminal charges brought against either Maurice Ferre or Maule Industries, Inc. United States District Court files reveal that Maule Industries, Inc. was either plaintiff or defendant in fourteen (14) civil cases dealing with a variety of matters, such as admiralty, labor disputes and contract disputes. Eleven (11) civil cases were consolidated into the case Southern General Builders v. Maule Industries, Inc. et al, which is dealt with in detail in Paragraph 2 below. The Dade County Circuit Court files reveal that Maule Industries, Inc. was the defendant in approximately sixty six (66) cases over the past ten (10) years in matters dealing with actions on contracts, mortgage foreclosures, liens, automobile accident and damage suits and suits for brokerage commissions. The brokerage suit case, The Keyes Company et al v. Maule Industries, Inc. is dealt with in detail in Paragraph 6 below. 2. Pr -ire --Fixing Suits Dealing with the Price of Concrete. These eleven (11) suits were brought by various plaintiffs including the State of Florida, Dade County and others against Maule Industries, Inc. and other concrete companies. With reference to this matter, Attorney General Shevin of the State of Florida, advised me on Friday, April 13, 1973, by telephone, that the State of Florida was one of the prime movers in the law suit, that it was a civil matter, that no criminal action was involved, and that a settlement was negotiated with the defendants, in- cluding Maule, rather than carrying on long and protracted litigation and Maule and the other defendants paid a settlement amount which was satisfactory to the plaintiffs involved. The case was settled for a little over a million dollars by all the defendants. 3. Pollution Violations. (a) Violations of Dade County Metropolitan Ordinance Pollution Control Laws. Seven (7) charges were filed against Maul Industries, Inc. In August of 1970 by Metropolitan Dade County. Three charges alleged that a pollution condition existed which caused noxious fumes in the area adjacent to the Maule Stressconplant : which is contiguous to the airport. Three charges alleged that Maule Industries, Inc. violated the Metropolitan Dade County Code by discharging into the waters of the County organic or inorganic matter which might cause water pollution. These six (6) charges were nolle prossed, i.e. deliberately withdrawn by the States Attorney, on the.basis that the States Attorney's Office was unprepared for trial. In the circumstance of a Nolle Prosse, the States Attorney had two years within which to refile these charges and did not. The seventh charge was filed against Maule Industries on the basis of a single emission at the Pensuco Plant and Maule Industries, Inc. was fine Five Hundred ($500.00) Dollars. (b) Water Pollution. In late 1971 or early 1972, the United States Government filed a civil case styled United States v. Maule Industries, Inc., charging Maule Industries with a violation of the 1899 Anti -Pollution Act. Drivers of Maule Industries were washing out their trucks into Lake Palmer, which was owned by Maule Industries. A settlement was reached wherein Maulo Industriou paid a fino. 3 APR 191973 4. Income Tax Mat- 1 75. Concerning income tax matters, the City Attorney's office was assisted by a prominent Miami Tax Attorney, Martin F. Greenberg, who spent many years with the Internal Revenue Service. Mr. Greenberg in- vestigated the tax matters by both contacting the Tax Court in Washington, D.C. and the attorneys for Maule Industries, Inc.%and the Ferre family• Mr. Greenberg's report is as follows: (a) There have not been any criminal charges filed against Maurice Ferre or his immediate family or Maule Industries, Inc., or other closely held corporate entities in the United States. (b) Presently there is a case pending in the Tax Court of the United States in Washington, D.C. which has been tried and is waiting a' decision that will be made by a Judge of the Tax Court. This case pertains to civil issues on a "tax deficiency". A "tax deficiency" occurs when the Internal Revenue Service examine.a taxpayers income tax returns and files an assessment of taxes against the taxpayer higher than that which the taxpayer reported. Thereafter, a taxpayer has ninety (90) days within which to file a petition in protest to fight this assessment in the Tax Court in Washington, D.C. A petition in protest to fight the government's assessment against Maurice Ferre, his immediate family and various corporate entities was filed in this case. The legal issues in the case deal with very complicated interpretations of the tax law dealing with re- organization of corporations and with the law pertaining to filings of tax returns in Puerto Rico and the United States. It is anticipated that the decision of the Judge of the Tax Court and the Court's Order r will take quite sometime before it is issued inasmuch as the matters involved are extremely technical and extremely complicated and the trial Judge has these under study at the present time. 5. .In addition to the matters brought to the Commission's attention at the meeting of April 12, 1973, a further matter concerning the law suit of the Keyes Company Y. Maule Industries, Inc. was brought to our attention on April 13, 1973 by Commissioner Gordon and more particularly to the deposition of Mr. Harry Burns. This office immediately obtained the Court file and has been reviewing the file ever since. Numerous articles have appeared in the Miami Herald concerning this matter. This morning there was delivered to the City Attorney's Office a statement signed by Maurice Ferre concerning this law suit together with various documents attached, copies of which statement and documents are attached hereto and made a part hereof and discussed further below. 6. The Keyes Company v. Maule Industries, Inc. In 1971 the Keyes Company sued Maule Industries, Inc. for a broker's commission alleged to have been due from Maule Industries, Inc. for the sale of forty (40) acres located southwest of the Miami International Airport at Milani Dairy Road and N.W. 7th Street. The portion,of this law suit pertinent to this investigation is in a deposition of Mr. Harry Burns who was a salesman for the broker, the Keyes Company, who was tc receive one half.of the real estate commission which was alleged to be due to the Keyes Company. Mr. Burns at the time of the events which took place at the beginning of 1966 was operating in the dual capacity as both a salesman for the broker and as an Officer and/or stockholder in the purchasing corporation, Miami International Marketing Center, Inc. (A greater detailed report as to this litigation is contained in the Assistant to the Director of the Department of Law John S. Lloyd's memo dated April 17, 1973 to your City Attorney and is attached hereto and.made a part hereof.) 4 4 .In other words, I had a memo from Mr. Lloyd going into detail about the litigation, and what I have done is boil down the pertinent parts relating to this investigation, but the full memo is attached, so you can read about the litigation itself if yqu wish to do so. Mr. Maurice Ferre, President of Maule Industries, Inc., seller of the property, was at the time of these events in January and February of 1966 a member of the Downtown Development Authority. Of particular import to this investigation is a portion of Mr. Burns' testimony in his deposition (a copy of which portion is aittached hereto and made a part hereof) which is .summarized in Mr, Lloyd's report as follows: • "Mr. Burns testified on his deposition•that Maurice Ferre re- quested that Mr. Martin and he not divulge to the newspapers that Mr. Ferre had breached his ficuciary relationship with the City as a member of the Downtown Development Board and had induced Mr. Martin and Mr. Burns to locate tho Merchancliso Mart in the County on the property owned by Maule Industries. Mr. Burns further testified that he told Mr. Ferre that they thought it was a good location and they would not tell the news- papers that this had occurred. ML.Durns later rephrased his statement regarding his conversation with Mr. Ferre in the above respect to the effect that Mr. Ferre expressed to him that it would be politically bad that it be known that as a member of the Authority he had offered property owned by him at a location other than what was being attempted to be developed in the downtown area, and that Mr. Ferre asked them personally not to say that he came to them and not to put forth any publicity about the sale." The time at which this conversation was alleged to have taken place was sometime more than two weeks prior to the date of the closing which approximately was on February 15, 1966. In the statement delivered to me by Mr. Ferre, Mr: Ferre denies this conversation and denies that he first approached Burns. • The attached affidavit of Mr. Herbert Martin (supplied by Mr. Ferre) states that Mr. Ferre never made the statements alluded to in Mr. Burns' deposition. A release by the office of Hank Meyers at the time of the signing of the agreement for the sale of the forty (40) acres was issued within approximately a month after the statements of Mr. Ferre were alleged to have taken place. A sworn statement by Mr. Ferre sets forth details of the same question being discussed with members of the press at the Miami Herald at the time of the contract signing in February of 1966. A memorandum to your City Attorney from Lucj1s Williams, Executive Director of the Downtown Development Authority,/attached hereto and made a part hereof dated April 16, 1973; at my request Mr. Williams reviewed the matter of the fashion mart as reflected in the Downtown Development Authority files. The memorandum shows that the matter was first discussed on July 19, 1965 and that a favorable feasibility report from Doxiadis and Associates was presented to the public at the end of December, 1965. r In January of 1966 Mayor High announced that three developers were interested in developing a fashion mart and requested of the City the City owned Watson Island and the Old Port Site for the mart, both of which were ruled out (see memo). Mayor IIigh further stated that six and i131q¢art.or million dollars wan off"rod Lot �1�c'• Ball property at DuPont •but the owners refused to sell. 5 APR 191973 These particular properties were the ones referred to in Mrs.,Burns deposition as the downtown locations they were interested in. According to the press articles in February of 1966, at the time of the announcement by Maurice Ferre of the sale of forty (40) acres to the Burns Fashion Mart Group for approximately $1,200,000,Mayor High, the Chairman of the authority at the time, stated that the group represented by the Keyes Company purchasing the Maule property was not significant. High said "the Development Authority had rejected the same groups proposal of the other way around". In February 1966, the press reflected Harr:' burns as saying " The group rejected Miami and Miami Beach primarily because of the traffic and parking problems which would be the result of traffic generated by the development". City Manager Reese supplied this office with a copy of the feasibility study of Doxiadis Associates, Inc,, for the establishment of a Fashion Apparel Mart. Attached hereto are Pages 66, 72 and 73 which show that the conclusion of the study to be that :"because the proposed facility and its extensive parking area will require a large site, present calculations suggest that feasibility is not likely if a developer has to acquire the needed land at conventional downtown market prices". The recommendations of the study which is attached here, was that if the market is to come downtown, it would have to be done either by the government giving them free land or a good lease or that somebody would build some other structure and make this a part of it. This concludes the matter of the particular case of the Keyes Company vs. Maule Industries. 7. Statement of George DePontis. The attached statement, under oath, by George DePontis (supplied by Mr. Ferre) on ,ts face has potential serious consequences. The factual allegations about :r. Morty Freedman contained in the statement could possibly be a violation of State Statute 836.05 - Threats; Extortion. (See below*). In the Miami Herald of Wednesday, April 18, 1973, on Page 3B, in denying the allegations of the statement, Mr. Freedman was quoted as follows: * "I said to him if I were Ferre I would sure bow out rather than hurt my name." .630.05 Threats; extortion. —Whoever, either verbally or by a vvritten or printed communica- tion, milk: uu..ly threatens to accuse another of any crime or offense., or by such communi- cation tn;tliciotl.:ly threatens ;tu injury to the p r':;r,n, property or roput;ttiein ui another, or maliciously threatens to expose another to dis- grace, or to expose any secret ;tf:ectin!: an- other, or to impute any deformity or lack of chastity to another, 1vitit intent thereny to ex- tort niuney ur any pecuniary advanta..e wh;:t- !,cJt ver, or with intent to compel the person ;:o threatened, or a ny other person, to do any :o.t or retrain from doing any act against his will, shall be guilty of ;1 lelunp of the second degree, punishable as provided in §775.082, §775.0..;, or §775.0,i 1. auh•rh. Z, ch. 11;37, 1S38; R$ :4.O; GS 3:61; kGn ., r.,', ('GI. 71.11 if. rh "„ : .1 ;4n11, rb. 7, 1,4, e(,CutortInQ g2eleinlly, 6 APR 191973 • That is the conclusion of my memo. If you wish to have me get into any details about the supporting documents on anything of any nature, I would be happy to do so. Mrs. Gordon: Mr. Rothstein, it appears that what you have reported to us would clear Mr. Ferre of any criminal charges and certainly we didn't think there were any criminal charges, to start with. I think the matter that was brought up by me referred to the matters that had been in the press and certainly they were civil matters which was known, however, I don't believe that this action to defer should have followed the route that it did. Simply because I, in an attempt to be conscientous in filling this vacancy, I asked for more information on published reports of charges against the company headed by a man who was nominated, I have been subjected to the worst type of pressures and vilification and this desparate attempt to suddenly make it appear that I was involved in the market investigation is about as low as politics can get in my opinion. My integrity in public office as a City Commissioner and as a member of the City Planning and Zoning Board has never been questioned. Neither has the integrity of anyone I have nominated for a post in the City, ever been questioned. They are people of the very highest caliber and even worse, Morty Friedman, a man who has contributed so much to this community and whose honesty has never been questioned, has been slandered because of my action. I am not going to rehash the charges but I do want to say that this Commission has a choice between politics as usual or a fresh approach because we are at a crossroads at the very existence of the City of Miami is at stake. Today, we have a chance to rise above decisions based on political alliances and to really act in behalf of the citizens of the City of Miami. I will continue to call the shots as I see them regardless of how powerful or wealthy those opposed to me may be. I do not intent to yield to them at the cost of good government. I will now call upon my fellow commissioners to ask them if they have any further names to place in nomination. The names that were placed in nomination last week are well known. Are there any further nominations? Mrs. Rockafellar? No, you are not going to be making a nomination are you? Mrs. Grace Rockafellar: No, I have been asked to appear here on behalf of our association and a number of other civic associations in the City of Miami, not for the purpose of making a nomination but it is regarding to this. Mrs. Gordon: Since you asked to be heard. Mr. Rothstein: Mrs. Gordon, I think that from past experience, I know Mrs. Rockafellar well and I know that she deals with a number of organizations, but a matter was called to my attention yesterday about an organization giving a letter in favor or opposed which was not authorized and a retraction was later developed so I think before statements are made, the Commission has to set some ground rules for the public or for statements or for people who represent. Mrs. Rockafellar: I am not here either Mr. Rothstein to criticize any appointment. Mr. Rothstein: I understand. Mrs. Rockafellar: I know the letter you are referring to, it was in the newspaper yesterday. I will be very brief. I am Grace Rockafellar, President of the Northeast Taxpayers Assoc- iation. I have been asked to appear here today on behalf of our association and a number of other civic associations which represent a good cross section of the voting population. Now our City now is under a dark cloud and we feel that until those people who are innocent have an opportunity to clear their names and resume their elected positions, that it behooves the members of this Commission, it behooves the taxpayers and everybody involved to try to lift our image up and improve it. Now, there has been so much controversy over the appointments so far, I know it has made your job very difficult if not impossible. Now the voters have registered many objections to both names that have been put in nomination. 7 APR 191973 • • I am sure each of you have received a number of calls. The newspaper editorials, th6 TV commentary have all called upon this Commission to give our city a new face, to give us a new face to start a little bit fresh during this interim time. Now we the voters feel that either nominee, the names that have been put in so far were to be appointed today, it would be almost impossible for this Commission to function with the harmony and the cooperation so vital in carrying out the business of our City. Sitting through this, this morning has convinced us all the more. We feel in the best interests of the voters and in the best interests of this Commission and certainly in the best interest of those men whose names have been put in nomination, we are asking this Commission to refer this appointment to a special election. I am sure the taxpayers from what they have said so far, would approve paying for that election. Anyone willing to serve as Interim Mayor could at that time enter into this election and let the decision be up to the voters where it should be. .This would certainly exhonorate this Commission of all the charges of collusion and wrong doing and would set our image straight and we trust that this Commission will gove that some very serious thought before this meeting is ended, I thank you. Mrs. Gordon: All right, we were at the point of making further nominations, are there any? Dr. Sheppard? Did you want to say something? Dr. Sheppard: I did, I wanted to say something in behalf of Mr. Ferre. Mrs. Gordon: Well I don't believe that we are taking any testimony now for or against any candidate. The lady that spoke before you was bringing forth that fact that a special electron was the opinion of the Taxpayers Association. She did not speak for or against a candidate. It would be out of order, unless we call for opinions of every person in this room, and I think we will sit here the rest of the day and we have a heavy schedule agenda we have to cover. I am sorry Dr. Sheppard, I do respect you greatly. Are there any further nominations? Is it to speak to or against a candidate or not? Mr. Williams: My name is Peter Williams, I am a citizen of the City of Miami and the local acting chairman, executive director of Operation PUSH. PUSH represents approximately 2000 people in the Dade COunty area. Our concern at this time is that the Clty of Miami Commission do not appoint to this Commission any person who has previously served on the Commission for various and sundry reasons, among which is our concern that this position would be used on an interim basis as a vehicle for a November election. Secondly, that the present Commission and previous Commissioners are partially responsible for conditions that exist in both the Black and Latin communities that have been brought to their attention numerous times. Our concern is that we do get a new face, that we do have a new energy, new leadership that will provide a different type of concern for our community than has previously been shown. The conditions in the Model Cities area, the conditions of the Central Negro Dlstrict are pathetic. We have not seen the leadership of the Mayor in anything this City, takes the initiative to do the thing that needs to be done with revenue sharing dollars, with regular tax dollars, to generate a community that is condusive to wholesome living. We again ask you that you not appoint anyone to this position who has previously served on the Commission before. Mrs. Gordon: Thank you Mr. Williams. Mr. Fanatto: My opinion will be very brief. I say, save the taxpayers approximately $15,000 to have a special election for a matter of a few months. If it was a year or more, I would agree to it but lets not cost the taxpayers large sums of money that should not be, that should be voted on right now, so lets vote and vote today and get it over with. Do it and do it now. 8 8 APR191973 Mrs. Gordon: Mr. Cerf: is+. thought t ►,a* live with7r: t;< job like 'rc up here now Reverend I thins you I think: currently ;• the seat .►r;_ Lave to ap a and who hay period r,l Mrs. Go r dc=r, Mr. Plummer Mr. ;tot h ,: t ._ I :; Mrs. Gordf,r, or not, he ' .a Mr. Roth, tt Mrs. lorJ,r,, : who is ra; Ohvioutil. --- Mr . I' 1 u 77. 7-A Mr , Rever.°I: Can me that in thi' Mr. Roth, choo-in can he re Reverend to - here are no further nominations- ,,'! ' erf, , 2201 Brickell Avenue. The that most of the people that a_4,vi or cuban and that an important .0 filled by someone who is sitting ,t-'' . Mr. Reboso, Mrs. Gordon or you have to get into controversy. ,:.zs to appoint one of yourselves. •-.r and appoint someone who is izsion, someone who has been in hth these other things. If you t'.vr than one sitting here, appoint wayor now who knows the problems * hem on a day to day basis for a You wanting to speak? • .ins should be closed before - Mr. Plummer has a nomination =chaps he has one. • -minations- - nations again. The gentleman raising it to ge t attention? ination Mr. Plummer? nomination Mr. Gibson? .estion Mr. City Attorney. -::,urinate or are you telling cannot at any other point to be an impossibility of , at that time, nominations that? Mr. Roth, t- : r the Commission, `sir Reverend underst arc at any t i r..t are teili*:f. Mr. Rath=•tt r. ..st want to make sure everybody get that rule straight, that • nominate, is that what you Reverend c,it ._ = , we could reopen the nomination process/ Mr. Rothtite: The Commis, T - e.•s Sir. Mrs. Corder; which will f, it was ey27T',- and be nun:kt will be a .e Mr. Plumrr,t r Canon Gib,('. your quest! particular !. ballot. voting by written ballot • .and I am reiterating this because -••,ring that it will be .initialed ft re than one ballot taken, it •.:estion, mine will be signed. senor is needed here-. To answer • should recall that your • offer your nar:e anti] the 16th 7 9 APR 191973 Reverend Gibson: Unfortuantely, I wasn't here to know that so I want to be educated and the other thing is, in the heat of the discussion here this morning. I want these rules crystal clear and I hope nobody is going to miss the point of these rules and I want to make sure that I understand that any time that we come to an impasse with anybody, can ask to reopen the nominating process- beautiful, I'm ready. Mrs. Gordon: Mr. Plummer: Mrs. Gordon: Mr. Clerk, would you - Are you ready for statements? Certainly go right ahead. Mr. Plummer: ' First I have a question of the City .Attorney. Mr. City'.Atorney, I guess I read your report last night in full detail 3 or 4 different times. I am not a legal beagle. I am a funeral director and I try to practice my profession and let you practice yours. I will ask you a very simple pointed question. That question being from what I have read in your, I feel complete and detailed report, is there anywhere in there contained any cloud against Mr. Ferre personally or upon his honesty and dignity? Mr. Rothstein: In my opinion, No Sir, there is no reflection on his integrity or his honesty. Mr. Plummer: Thank you. Let me say that in the 21 years that I have served this City, as a Commissioner, I cannot recall a more difficult decision that has confronted me than selecting an Interim Mayor for the City of Miami, but when I assumed this office, I was charged to uphold the provisions of the Charter of the City of Miami. Article 13 of that Charter clearly spells out what we are here for today. I deeply feel that it is most unfortunate that certain inuendos have been made concerning todays meeting. I would like to state for the record that I am here today as always voting my conscience and my good judgment and my vote today will be cast for that person who I feel will provide the leadership that this City so richly deserves, thank you. Mrs. Gordon: Commissioner Gibson? Rev. Gibson: Madam Vice. Mayor, I want to ask this question. I saw this both in your report Mr.IRbthstein and in the Attorney General I am not an Attorney. I am a Clergyman. We play with words, thats how we get our thing done. 'Rbflect significantly, I don't understand that. Mr. Rothstein: Well that's the Attorney General's terminology and I can't interpret for him. Anything you wish to ask me - Rev. Gibson: I want to know what the words "reflects significantly" means. Mr. Rothstein : Well apparently to the Attorney General, the factual problems that were raised about the litigation, about Maule Industry, about the tax, factually would not disqualify Mr. Ferre in his opinion, other than legally. Rev. Gibson: All right, I just wanted to make sure I know what that phraseology was all about. Madam Mayor, let me make a statement for the members of the Commission and Staff and Citizens present.: I am not unaccustomed to making difficult decisions. I like the late President of this United States of ours, ':If you can't stand the heat in the kitchen, get out of it". I am here to stand this heat today. I want the public to know that both men who have been nominated and are nominated, are my friends. I have nothing against either man. I think its rather unfortunate that we have two able, well respected men, contrary to what some people would say. I think that either man you put up here would adequately represent this City. If I could, I am sure they can because, they have had previous experience longer for a period of time, than I. I try to do the best I know 10 APR191973 I am wondering, since both men are ably qualified and even though some of the citizens don't want an old face, I want to say to the citizens, since I am not an attorney. Don't kid yourselves, don't kid yourselves, it takes an awful long time to learn to read the agenda. Don't let anybody fool you. An awful lot of things can happen and for somebody who referred to getting a new face up here. They said we ought to among ourselves choose. I am sure we have thought about each other, I don't know. What the public needs to know and which nobody has said, is anybody on this Commission now who becomes Mayor, becomes Mayor at the peril of knowing that the suspended Mayor may be free and entitled to return within 30 days, 60 days, 90 days or whatever this period between now and November. Mr. Plummer has how many years to go on this Commission Mr. Plummer? Mr. Plummer: 21 years. Rev. Gibson: 211 years. Mr. Plummer is my friend. Everybody knows that I would support Mr. Plummer. But I would tell my friend Mr. Plummer, you would be a fool to give up 21 years to serve for 30 days, 60 days knowing what politics is. ROse, how long do you have? Mrs. Gordon' 21 years. Rev. Gibson: 21 years and then somebody says, well Rose, you give up your 2h years for an uncertainty. I think the public ought to be made aware that if Rose or J.L. should give up his or her position, and even if you were able to appoint somebody in their place, Rose and J. L. Must then each become an appointive Commissioner and must then run in November. I wonder if the public understands this and I thought that since I am not the smartest guy in the world, that I ought to tell the public this. J. L..Plummer has 22 years to go, Rose Gordon has 21 years to go. If we were to make Rose the Mayor, Rose would have to resign that seat and put somebody in Rose seat and if Dave Kennedy comes back as Mayor within 60 days, Rose is out. If the person we appoint should resign and we want to reappoint Rose, Rose becomes an appointive Commissioner and by virtue •of being an appointed Commissioner, she must then run. Rose you would be a fool to do that. J. L. So would you and I have too much respect for your judgment to think you would do that so our work is cut out for us. Either we get somebody with experience or we get somebody without experience. Let me say something to this Commission. I don't think any one of you would have the veracity nor the audacity to tell it. One of the persons who spoke to you here this morning called me and expressed a concern, and I said to this person. You find me a just man and you know what? She asked about 6 Bankers and I want you to hear this and this ain't no sunshine law operation, this is in the open, I said if you could find me a just man, a businessman who has some business sense who will meet the qualifications, who will be honest, reputable. I will be delighted to propose that persons name. You know what? She went around and tried the bankers and the bankers said, you must be fooling. I said to the person, if they told you that, how do you think we feel? The Commission? What I am trying to say to the public and I hope the newspapers will write this. We wanted to do what they said, if that were possible but I want you to know this is a most difficult task and I want you to know that uppermost in my heart and my mind at all times is what is best for this community and I don't care about friends nor foe. I want to do what is best for this community and I promise you when I vote this morning, as I have always done, I am going to call the shots like I see them. If you like them, I want you to thank God for me and pray God for me. If you don't like them, I want you to do likewise because next time if I have another chance, I will do what you think I ought to do. I don't think you should ask us up here to be men-pleasers but you should ask us to do what in the sight of God is best and right for this community. I am ready to vote. Mrs. Gordon: Mr. Clerk, would you please pass the ballots to the Commissioners; Mr. Southern, Clty Clerk: The way it was done before Mrs. Gordon is that each one just marks on their scratchpads, ballot #1 and initial their choice and then we collect them and read them. 1 1 APR 191973 Mrs. Gordon: Each of the Commissioners has a scratch pad? You mark your choice of the two candidates who have been nominated and initial your ballot and number it please. Rev. Gibson: Before we vote Mr. City Attorney, how long are we going to carry on this vote. I want to start knowing because I don't plan to be here all day. Mr. Rothstein: This is up to the Commission itself. Rev. Gibson: How often shall we cost a ballot? Mr. Rothstein: Well you should certainly try for a good number of ballots as Mr. Plummer pointed out, before you were nominated, there were 16. Rev. Gibson: Shall we cast them every half hour, every hour? Mrs. Gordon: No just continuously Commissioner Gibson. Mr. Rothstein: I think the Clerk can tell you. Right, continuously and the Clerk will tell you whether or not a majority has emerged or not, which means 3. (At this point the ballot slips for the first ballot were collected by the Assistant City Clerk) Mrs. Gordon: Ladies and Gentlemen, while the ballots are being counted let me say this. Whatever the outcome of this election or selection, it would be my sincere hope that this Commission would mend whatever wounds there are and continue for the best interests of the citizens of the City of Miami. Mr. Southern, City Clerk: Ready for balloting. Mr. Plummer casts his ballot for Mr. Ferre. Mr. Reboso casts his ballot for Mr. Ferre. Reverend Gibson casts his ballot for Mr. Aronivitz. Mrs. Gordon casts her ballot for Mr. Aronovitz. There is no majority. Mrs. Gordon: Ladies and Gentlemen, we do have a tie -vote. We do not have a nomination at this time, therefore we will continue with the balloting and we will now have the second ballot. (At this time, the ballot slips for the second ballot were collected by the Assistant City Clerk) Mr. Southern, City Clerk: Ballot No. 2- Mr. Plummer casts his ballot for Mr. Ferre. Mr. Reboso casts his ballot for Mr. Ferre. Mrs. Gordon casts her ballot for Mr. Aronovitz. Reverend Gibson casts his ballot for Mr. Aronovitz. There is no majority. Rev. Gibson: Madam Chairman, Ladies and Gentlemen. I want to raise a question and Mr. Attorney you tell me. In the event that we are not going to be able to have a meeting of the minds. Both men are qualified and both men are liked by all of us. I think ald. of us on the Commission would settle for either man. I wonder if it would be considered robbery if we call those 2 men toggther, ask them to go in a room and talk, see whether or not they could have a meeting of the minds, we don't seem to be getting one. Mr. Rothstein: Sir, I don't believe you are in a position to do that. Rev. Gibson: All right, then we'll vote. I just don't want to see us spend the rest of the day now. Mrs. Gordon: I would like to call attention tr: 1h: this time it is proper if there are ;::v = ._.. .... to place tho,:e names III MOM:ii... .. .. T:v . / 12 APR 191973 Mr. Plummer: If you are asking Mr. Plummer, I have no further nominations. Rev. Gibson: I have none. (The ballot slips for the third ballot were collected by the Assistant City CLerk) Mr. Southern, City Clerk: The 3rd ballot - Mr. Plummer casts his ballot for Mr. Ferre. Mrs. Gordon casts her ballot for Mr. Aronovitz. Mr. Reboso casts his ballot for Mr. Ferre. Reverend Gibson casts his ballot for Mr. Ferre. Mrs. Gordon: Ladies and Gentlemen, you have heard the results of the selection for Interim Mayor. Is Mr. Ferre in the room? Mr. Plummer: Madam Vice Mayor, at this time - Mrs. Gordon: We will now take a 10 minute recess and Mr. Ferre will be contacted to join this meeting. 10 MINUTE RECESS 4, "76" CAPITAL IMPROVEMENT PROGRAM $ TRACY SANITARY SEWER IMPROVEME� The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-238 A RESOLUTION ORDERING TRACY SANITARY SEWER IMPROVEMENT SR-5275-C (centerline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS TRACY SAN- ITARY SEWER IMPROVEMENT DISTRICT SR-5275-C (centerline sewer); AND ALLOCATING FUNDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None The following resolution was introduced by Mr. Plunwc► moved its adoption: 14I ION t)I tiI 3 MI'kt)VI:MLN I DI T i+ I i• ' 4PROVLMLNT ;HE PROPERTY ,ALL BE MADE FOR A • `;A.N'ITARY SEWER • ::.nc: sewer) (Here follows body of resolution, omitted hers on file in the City Clerks Office) 11 13 • • UPON being seconded by Mr. Plummer, the resolution ras passed andadopted by the following vote - AYES: Messrs. riustow Reboso, Mrs. Gordon, Reverend Gibson. NOES: NOne 51 ACCEPT COMPLETED WORK - Ii1SA 14SLL SAKITAR The following r(-71 moved its adop t i ,:, ', a7:. -3 240 ilt :_.a,is, ACCEPTING THE COMPLETED CONSTRUCTION IvTL:R-COUNTY CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF MUSA ISLE SANITARY SEWER IMPROVE- MENT SR-5308-C (centerline sewer) IN MUSA ISLE SANITARY SEWER IMPROVEMENT DISTRICT SR-5308-C (centerline sewer) AT A TOTAL COST OF $1,082,847.15 AND AUTHORIZING A FINAL PAYMENT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon and Reverend Gibson. NOES: None 6, ACCEPT COMPLETED WORK - WESTERN_ DRAINACL PR,JECT .-2C The following resolution was introduced who noved its adoption: RESt)LUTION SP. A RESOLUTION ACCEPT.`.'..., HL COM;'i_I.'rlD %'`i0 fiOLLANIi PAVING C(). , FOP T i'r 1'►f `'TEk' DRAINAGE PF? I C 1 Z . t. AT ► S,r �•�� �t. AND " 7eH REIN A { iNAI ttrrc f: i 2rr.. h-?dv of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution way; passed and ado pted by the following vote - AYES: Wessr,. Reboso, Mrs. Gordon and Reverend Gibson. ! LS: tiers 1 1 APR 191973 • 7, ACCEPT PLAT - LEAR SUBDIVISIOK The following resolution was introduced by Mr. who moved its adoption: RESOLUTION NO. 73-242 RESOLUTION ACCEPTING THE PLAT ENTITLED SUBDIVISION, A SUBDIVISION IN THE CITY FLORIDA; AND ACCEPTING THE DEDICATIONS ON SAID PLAT; AND ACCEPTING A COVENANT WITH THE LAND POSTPONING THE IMMEUTATF RUCTION OF ASPHALTIC CONCRETE PAVEMENT GRADING AND SHAPING OF SIDE: PARKaA1 A AND AUTHORIZING AND DIRECTING THE: (.'Tti AND CITY CURE T° E )LCUTE THE P; A Reboso LEAR OF MIAMI SH OWN TO RUN CONT . AND NECE S: Ai ? . M SAG F bob r. ! t I QL. omitted here and " i, file IL t t. e Upon being ,:e.ondcd by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs:. Gordon and Reverend Gibson. NOES: None 8, ILS OUTER MARKER POLES-.ST.RIGHT OF WAY -NORTH MIAML AVENUE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-243 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO ISSUE TO THE FEDERAL AVIATION ADMINISTRATION A PERMIT TO INSTALL NEW ILS OUTER MARKER POLES IN THE STREET RIGHT OF WAY OF NORTH MIAMI AVENUE AS HEREIN DESCRIBED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None. 1 9 APR 191973 • • tENYING CERTAIK CLAIi -.. The following resolution was introduced by Mr. Plummer who moved its adoption iJTI'?y ,O. - - ::44 A RLSOLUTI+O? DENYING CERTAIN CLAIMS AND DIRECTING THE tITt ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR :'N1= RECOVER? OF DAMAGES ARISING OUT OF SAID CLAIMS Mere follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None Claims covered by the above resolution: Central States Adjustment Bureau, Inc. of Miami (Ins.Martha Rosado) Diaz, Jorge Grant, Barbara Hernandez, Vincente Lopez, M, ria Lord, Ronald R. Dina his wife, and Pulley, Marina and Armando (Minor Son) Pelt:, Arvin Perry, William Prater, Raymond Quellette, Lorraine Ragin, Sarah Rivera, Azucena Robinson, Henry L. Graham, Raleigh L. 10, CLAIM SETTLEMENT - JOSEPH HARRIS AND JOAN HARRIS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-245 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSEPH HARRIS, AND JOAN HARRIS, HIS WIFE, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $57.55 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon: NOES: None 1APR 19197 e 11. CLAIM SETTLEMENT - JERRY LEWIS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-246 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JERRY LEWIS, WITHOUT THE ADMISSION OP LIABILITY, THE SU,M.OF $106.95 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS'AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: None 12, CLAIM SETTLEMENT - LOVETT KING The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-247 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LOVETT KING WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $100.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS. AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: None 13, CLAIM SETTLEMENT - STANLEY R. AVERY_ The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-248 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO STANLEY R. AVERY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $61.76 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon and Reverend Gibson. NOES: None 14, MODIFICATIONS TO MUNICIPAL JUSTICE BUILDING The following resolution was introduced by Mr. Plummer who moved its adoption" RESOLUTION NO. 73-249 A RESOLUTION AUTHORIZING MODIFICATIONS AT THE MUNICIPAL JUSTICE BUILDING TO PROVIDE PRISONER HOLDING FACILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO USE CITY FORCES TO ACCOMPLISH PORTIONS OF THE WORK; AND ALLOCATING THE SUM OF $10,000 FROM CAPITAL IMPROVEMENT FUNDS - UNALLOCATED FUNDS TO COVER THE COST OF THIS PROJECT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None 18 15, ACCEPT COMPLETED WORK - CRYSTAL STORMLSEWER PROJECT - 1972 The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-250 A RESOLUTION ACCEPTING THE COMPLETED WORK OF FLORIDA UNDERGROUND UTILITIES, INC., FOR THE CONSTRUCTION OF CRYSTAL STORM SEWER PROJECT - 1972 AT A TOTAL COST OF $141,726.44 AND AUTHORIZING A FINAL PAYMENT (Here follows body of resolution, omitted hereand on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: None. 16. ACCEPT COMPLETED WORK - MOORE PARK TENNIS CENTER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-251 A RESOLUTION ACCEPTING THE COMPLETED WORK OF C. A. DAVIS, INC. FOR THE CONSTRUCTION OF MOORE PARK TENNIS CENTER - 1972 AT A TOTAL COST OF $78,514.60 AND AUTHORIZING A FINAL PAYMENT (Here follows body o-f resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon and Reverend Gibson. NOES: None 19 APR 191973 • • 17. ►►7fn • Mrs. Gordon: Mr. Reese is there something you want to say on this item? Mr. Reese: No its really asking the City Commission to give me the authority to find an appraiser than can perform this work within a reasonable length of time and be an acceptable AIA appraiser. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-252 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE FOR THE EMPLOYMENT OF AN APPRAISER TO EVALUATE LAND IMMEDIATELY EAST OF THE LEMON CITY LIBRARY FRONTING ON N. E. 61 STREET AND LYING ALONG THE NORTHERN BOUNDARY OF THE EXISTING PLAYGROUND AREA KNOWN AS EATON PARK (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None 18, AUTHORIZE CONTRACT FOR EXTERNAL AUDIT OF FISCAL AFFAIRS Mr. Reese: As the Commission knows, we have used the Morgan Firm for a number of years and they are the present auditors and also interested in the existing position of re -auditing at the same fee they have charged previously. Mrs. Gordon: The renewal of the same fee you say? Mr. Reese: The same fee yes. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-253 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT WITH THE FIRM OF TOUCHE ROSS $ CO., FOR THE EXTERNAL AUDIT OF THE FINANCIAL ACCOUNTS, RECORDS AND FISCAL AFFAIRS OF THE CITY OF MIAMI FOR .THE FISCAL YEAR ENDING SEPTEMBER 30, 1973 (Here follows body of resolution, omitted here and en file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: None 20 APR 191973 19, OFF IISF OF BAYFRONT PARK AUDITORIUM-C11'Y OF MIAM( [NTERNA?I9dAl. FOLK FESTIVAL The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 73-254 A RESOLUTION GRANTING FREE USE OF THE BAYFRONT PARK AUDITORIUM BY THE CITY OF MIAMI INTER- NATIONAL FOLK FESTIVAL ON MAY 31, JUNE 1, 2 AND 3, 1973, SUBJECT TO PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs Plummer, Reboso, MRs. Gordon and Reverend Gibson. NOES: None. 20, FREE USE OF MARINE STADIUM- MARINE COUNCIL OF GREATER MIAMI ANNUAL- "SEA CIRCUS" The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-255 A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI ON JUNE 2, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon and Reverend Gibson. NOES: None 21 APR 191973 411 21, PARADE -RALLY & USE OF BAYFRONT PARK AUDITORIUM "SPIRITUAL REVOLUTION DAY" The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-256 A RESOLUTION GRANTING PERMISSION TO FREDERICK E. ROACH, PRESIDENT OF GENERAL DEVELOPMENT CORPORATION FOR PERMIT TO HOLD A PARADE AND FOR THE USE OF BAYFRONT PARK AUDITORIUM TO STAGE A RALLY ON FRIDAY, APRIL 20, 1973, AS PART OF "SPIRITUAL REV- OLUTION DAY", SUBJECT TO PAYMENT OF EVENT PERSONNEL (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Reboso and Mrs. Gordon. NOES: None 22, RATIFICATION OF AGREEMENT - EDWARD D. STONE JR, & ASSOCIATES PROPOSED DEVELOPMENT OF WATSON ISLAND The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-257 A RESOLUTION RATIFYING THE SIGNING OF THE AGREE- MENT AS AUTHORIZED BY RESOLUTION NO. 72-653 WITH EDWARD D. STONE, JR., AND ASSOCIATES FOR A STUDY AND RECOMMENDATION TO THE CITY COMMISSION OF A PROPOSED PLAN FOR THE DEVELOPMENT OF WATSON ISLAND (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: None 22 APR 191973 • 23, PLAQUE. AND FUTURE PORTION OF PARK TO BE NAMED FOR CAESAR 19N?Na Mrs. Gordon: I would like to bring up something I have given a great deal of thought to my fellow Commissioners and that is that somewhere in the new park plan, that we find a suitable area to call homage to Caesar Lamonaca. I know that in the present bandshell there is a plaque there for him to honor him but I think something of a larger scale would be very suitable and perhaps the new bandshell might be the appropriate location so I bring this to your attention since this thought has been with me for some time and I have asked for some research as the present bandshells naming and for the street adjacent to the bankshell but I found that both of those areas have been named for other persons of prestige and although I would like to move it in the form of a motion, I would turn the chair over tb the senior member, Mr. Plummer so I may move that this Commission go on record as selecting the most appropriate area in the new park plan for the naming of after Mr. Caesar Lamonaca who at this time is ill and who I would like him to know how this Commission feels about him and the service he has rendered to the City of Miami for so many years, I move that. Mr. Plummer: Now Mrs. Gordon's motion if I understand it is that approproate consideration be given to the naming in honor of Caesar Lamonaca, some portion of the new park, is that your motion? Mrs. Gordon: Yes the appropriate location to be decided by the consultants because I think they could come up with the best recommendations. Mr. Reese: I would like to ask the Clerk to transmit this resolution to Stone so its part and parcel of the city's policy. Mrs. Gordon: Also to Mr. LaMonaca who is in the hospital at the present time. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-258 A RESOLUTION REQUESTING THE FIRM OF EDWARD D. STONE JR., AND ASSOCIATES TO RECOMMEND AN APPROPRIATE SITE IN THE PROPOSED NEW BI-CENTENNIAL PARK FOR LOCATION OF A SUITABLE PLAQUE AND AREA TO BE NAMED IN HONOR OF CAESAR LAMONACA (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None. 23 APR 191973 0 AGREEMENT - "COMPREHENSIVE MANAGEMENT AND PERSONNEL SYSTEM _ STUDY FOR THE CITY OF MIAMI' - BOOZ-ALLEN 8 HAMILTON INC. Mr. Reese: This is a part of a federal government grant, we got $125,000 to perform this study for the City of Miami and its a 3-year program. This year its on personnel, next year there will be additional funding to get into the financing and system and the third year is on the complete implementation of these programs. It is a federal funded program. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-259 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH BOOZ-ALLEN $ HAMILTON INC., A PROFESSIONAL CONSULTING FIRM, FOR THE PURPOSE OF CONDUCTING A "COMPREHENSIVE MANAGEMENT AND PERSONNEL SYSTEM STUDY FOR THE CITY OF MIAMI", FUNDING OF WHICH HAS BEEN PROVIDED THROUGH RES- OLUTION NO. 72-384, SAID RESOLUTION ACCEPTED A FEDERAL GRANT UNDER THE 701-COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SAID PROJECT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and ado pted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None 25, BID AWARD - REID ACRES HIGHWAY IMPROVEMENT H-4349 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-260 A RESOLUTION AWARDING THE BID RECEIVED MARCH 22, 1973 OF L. C. MORRIS, INC., IN THE ESTIMATED AMOUNT OF $467,575 FOR THE CONSTRUCTION OF REID ACRES HIGHWAY IMPROVEMENT DISTRICT H-4349; ALLOCATING THE ADDITIONAL AMOUNT OF $350,523 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUND" AND THE AMOUNT OF $172,161 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Reboso and Mrs. Gordon. NOES: None 24 APR 191973 261 BID AWARD - DRAINAGE PROJECT A-3 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-261 A RESOLUTION AWARDING THE BID RECEIVED MARCH 28, 1973 OF HOLLAND PAVING CO., INC. •IN THE ESTIMATED AMOUNT OF $59,450 FOR THE CONSTRUCTION OF DRAINAGE PROJECT A-3; ALLOCATING THE AMOUNT OF $66,580 FROM THE ACCOUNT ENTITLED STORM SEWER BOND FUND; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None 27, BID AWARD - CRIME SCENE SEARCH KITS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-262 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 21, 1973, of CRIMINAL RESEARCH PRODUCTS INC., FOR FURNISHING FIVE (5) CRIME SCENE SEARCH KITS, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS, AS REQUIRED AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None 25 288 BID AWARD - FOUR-COLOR BROCHURES FOR PUBLICITY DEPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-263 A RESOLUTION ACCEPTING THE BID RECEIVED MARCH 2, 1973, FROM LEE OFFSET COMPANY FOR FURNISHING 100,000 FOUR-COLOR BROCHURES AND RE -RUNS FOR USE BY THE PUBLICITY DEPARTMENT; AT A TOTAL COST OF $7,112:00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None 29, BID AWARD - 260.000 LEAD PISTOL BULLETS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-264 A RESOLUTION ACCEPTING THE BID OF JOHN OLON RECEIVED ON FEBRUARY 22, 1973, FOR FURNISHING 260,0'00 LEAD PISTOL BULLETS FOR USE BY THE POLICE DEPARTMENT AT A TOTAL COST OF $2,210,00; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mrs. Gordon. NOES: None 26 30, BID AWARD - 16 MM ROTARY MICROFILMER The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-265 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 20, 1973, FOR FURNISHING A 16MM ROTARY MICROFILMER, WITH ATTACHMENTS, FROM BELL F HOWELL BUSINESS EQUIPMENT GROUP, FOR USE BY THE POLICE DEPARTMENT AT A TOTAL COST OF $3,210.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon and Reverend Gibson. NOES: None 31, BID AWARD - ASSORTED PHOTOGRAPHIC EQUIPMENT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-266 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 14, 1973, OF FOTOMART, INC., FOR FURNISHING ASSORTED PHOTOGRAPHIC EQUIPMENT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE • PURCHASE ORDERS, AS REQUIRED, AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, o witted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon. NOES: None 27 APR 191973 32, MIS At this time, Mr. Maurice Ferre, Interim Mayor elect arrived at the Commission Meeting and the Oath of Office as Mayor of the City of Miami was administered to H. D. Southern, City Clerk. Mayor Ferre: Father Gibson, I would like to take your place just for a moment and I would like to ask all of you to join me in a prayer. Dear God, on this occasion, I humbly thank you for the honor that has been bestowed upon me recognizing that it is also an obligation and a burden. Help all of us on this Commission to deliberate fully conscious that our responsibility is first to the City putting behind us our personal feelings so that we can deliberate with justice and charity to all and malice to none, Amen. Mrs. Gordon: Mayor Ferre, I would like you to hear that I, prior to the vote being taken, asked that all of the Commissioners join together to support the man who would become the Mayor for the interim period of time. To work together in harmony for the best interests of all of the citizens of the City of Miami and since you were not here, I am repeating it for your benefit. Mayor Ferre: Thank you Mrs. Gordon. I wonder if the Commission would permit me a brief statement for the record, if I may. You have, throughout this week and today, thought a great deal about Maurice Ferre and the possibility of my becoming Interim Mayor of Miami, Mrs. Gordon and the rest of the Commission. At the last Commission Meeting, three specific questions were asked of the City Attorney and the Attorney General and a subsequent question has arisen since then. I think these have all been answered satis- factorily and as it were from a strictly legal point of view, I have been given a clean bill of health. I feel very honored that several leading citizens from various walks of Life from our community have felt it was important enough to come to these chambers and speak in my behalf. To them, my' deepest gratitude. I want to briefly speak about the question of integrity. My personal integrity and fitness to serve as Interim Mayor of Miami. In my personal life, I have never done anything that would in any way shame me or my family. I have served my community publically, first as a Legislator and then as a City of Miami Commissioner for 311 years, which I might point out, is more seniority than anyone serving on this Commission now. My family and I are all proud of our service to the University of Miami and the Boy Scouts and the National Conference of Christians and Jews, and many other worthy causes, so the question is, in these accusations that have been raised, I don't think on a personal basis, but rather one on the corporate affairs and the corporations which I had moral responsibility for. I submit to you that Maule and the other companies that have been questioned this past week are good citizens of this community. Not in the form of bragging, but germaine to this question, I wculd like to point out that under my responsibility directly and indirectly, there are more than 5000 people who tomorrow will draw a paycheck from some Ferre corporation. This is more people I think, than work for the City of Miami. In Florida alone, there are well over 2000 people who work in corporations which I head. Our corporations pay directly well over 2 million dollars in local taxes. We participate in just about every major fund raising and philanthropic event in Miami whether it is UJA, Barry College or the United Fund. Now it is true that sometimes an employee of one of our corporations may inadvertently and without any malice, make a mistake like washing a redi-mix truck in a private lake which Maule has owned for 40 years. I think it is reasonable to assume that I cannot personally prevent many of the matters that go wrong at Maule and our other companies. However, as President of these companies, I fully agree that I assume full responsibility for corporate actions. Just like for example, Mr. Marshall Mac Donald the President of Florida Power and Light, is responsible for the electric blackouts weve had, even though it would be unfair to blame him specifically for these problems. In 10 years, our Florida 28 APR 191973 companies have had over 60 lawsuits, an average of over 6 a year and for companies of our sj.ze, I don't think that it is an abnormal record. The question has also been asked as to whether or not as Interim Mayor, I would have a conflict because I am in the building materials industry. I would like to point out publically that the direct sales of Maule Industries to the Clty of Miami are absolutely an infintesimal amount of our sales and are of no consequence. Forthermore, I would like to announce that during the period that I am Interim Mayor of the City of Miami, Maule Industries will not sell any product to the City of Miami. Maule Industries sells products from Jacksonville to Key West to Orlando, even if the City of Miami were to stop all construction, I doubt that it would amount to more than a few percentages of our total sales. I have been on several occasions, been asked or leaned on if you wish, to be for or against one side of the controversial building problems in our community. You have my absolute pledge that as Interim Mayor, I would vote on these matters completely guided by the dictates of my conscience and what I thought to be the best interests of the City of Miami. I have lived in this community for exactly 20 years. I have been in and out of this community since a child. I went to school at the University of Miami. My six children have all been born here. I have a deep sense of loyalty to this community. As an active businessman in the past year and now, I certainly have more than enough to keep me busy and active in my own personal affairs. There is no question that my becoming Mayor of Miami is actually a sacrifice to my family and to myself and I would not be here of course, if my wife had not accepted this challenge and if I didn't have her blessing on it and for that I am very grateful because without her and my family's help, I would not be here. I have absolutely no personal gain by becoming Mayor and with to confirm to all of the people gathered here today and especially to this Commission, that as Interim Mayor of Miami, I will serve with honor and to the best of my capacity. Thank you very much. Mr. Plummer: I think it would be appropriate so that you could be with your family, that we take a short break. I would ask that. Mayor Ferre: Thank you Commissioner Plummer., Before I do that. Let me, I was going to do this as soon as we got into the agenda but I want to once again thank you, Commissioner Reboso, Father Gibson and Mrs. Gordon for the expression of confidence that you have given me. I am very deeply touched and honored by this and as I just stated, I will do this with honor and try to do it with distinction and to be of assistance to you in these deliberations that are important to our community. I just wanted to thank you again, publically for your expressions of confidence in me. RECESS: At this time, the Commission entered into a recess for a period of approximately 11 hour. 29 APR 191913 33, APPOINTMENT OF VICE -MAYOR Mr. Plummer: I think if I may suggest as Mrs. Gordon pointed out this morning, that we should take up the matter of the selection of a Vice Mayor. The following resolution was introduced by Mrs. Gordon who moved its adoption: 'RESOLUTION NO. 73-267 A RESOLUTION APPOINTING.. AND ELECTING REVEREND THEODORE R. GIBSON AS VICE=MAYOR OF THE CITY OF MIAMI TO SERVE FOR THE REMAINDER OF HIS PRESENT TERM AS CITY COMMISSIONER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Mayor Ferre. NOES: None 34, RESCIND RESOLUTION NO. 73-215 - EASTER SUNRISE SERVICE Reverend Gibson: Mr. Mayor, Mr. Rankin is here, he has a very simple matter to be taken care, I wonder if we could take it out of order. Mr. Plummer, you know more about it. Mayor Ferre : Is that acceptable to the Commission? Mr. Plummer: It's acceptable to me. I think the man has a very clear and very short point. Mr. Gene Rankin: About a month ago, I am Gene Rankin and I represent the Sunrise Easter Association and we will be having an Easter Sunrise Service at the Marine Stadium this coming Sunday. We have requested the Commission to waive the rental, which you did do, three weeks ago. We have since made application, and paid the rental fee and one item that we would like you to do is to rescind the resolution giving us the free rental. Mr. Rothstein, City Attorney: This is necessary because of a lawsuit filed. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-268 A RESOLUTION RESCINDING RESOLUTION NO. 73-215 WHICH ALLOWED THE FREE USE OF THE MIAMI MARINE STADIUM BY THE SUNRISE EASTER ASSOCIATION FOR A NON=DEMONINATIONAL EASTER SUNRISE SERVICE ON APRIL 22, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) 30 APR 191973 Upon being seconded by•Mr.Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 35, RECEIVE SEALED BIDS FQR CONSTRUCTION OF SOUTH BAYSHORE DRIVE,._ HIGHWAY H-4342 &SOUTH BAYSHORE DRIVE SIDEWALK IMPROVEMENT SK-4281_ The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-269 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION, SEALED BIDS AUTH ORIZED TO BE RECEIVED THIS DATE FOR CONSTRUCTION OF SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4342 AND SOUTH BAYSHORE DRIVE SIDEWALK IMPROVEMENT SK-4281 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None BIDS WERE RECEIVED FROM THE FOLLOWING: Branam Electric Company Intercounty Construction Corporation Marks Brothers Co., Not. Incorporated Holland Paving Co., Inc. State Paving Corporation 36, OBJECTIONS TO CONFIRMING ORDERING RESOLUTION NO. 73-96 AS AMENDED FOR VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 Mayor Ferre announced the Commission was now ready to hear any objections to the amended highway improvement described above. No objectors appeared. The City Manager announced the Public Works Department had resolved the disagreement with the residents of the area and that the project was now up for approval. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-270 A RESOLUTION AMENDING ORDERING RESOLUTION NO. 73-96 WHICH ORDERED VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 BY DELETING VIRGINIA STREET AND OAK AVENUE FROM SAID DISTRICT; CONFIRMING RICE STREET FROM GRAND AVENUE TO OAK AVENUE AND FLORIDA AVENUE FROM VIRGINIA STREET TO MARY STREET; AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF 31. VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 IN VIRGINIA GROVE HIGHWAY IMPROVEMENT DISTRICT H-4358, AS AMENDED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 37, CONDITIONAL USE - LOTS 20 & 21, BLQCK 1, BOWLING GREEN Mrs. Wanda Cody, Applicant for conditional use appeared to explain her request to the Commission. Mrs. Cody: As I stated before the Planning Board, I am an ex - school teacher with the Dade County School System. We have the problem of finding quality day care facilities in our area. We have property to the side of where we are living now which is very large and would be suitable for a child care center. We are aware of the standards as set forth by the Division of Family Services before we could operate such a center from our home. Mr. Williams: My name is Kenneth Williams, 1070 N. W. 53rd Street directly in front of the property in question. I did not go to the Zoning Board Meeting because I felt this was a true residential neighborhood and certainly they would not disturb residential use, however, I learned that the Zoning Board had given their approval and I was concerned because before purchasing this house in 1960, I looked for over a year for the type of home I wanted to take my family into and a place where I could live and grow old. This is a good community and I don't think to change the use of the commun- ity would help us. I know the Cody's, they are good neighbors. But, I am unalterably opposed to any type of commercial use in this vicinity because it is a residential community. There are many places in the City of Miami to go to and start and business. I do not want this facility directly in front of my property. Mrs. Cody: Most schools are located in residential areas, this is not a place where you would have glaring lights or any distracting signs. We are starting out small because of the size of the area and it would not be commercial type of thing or any loud colors. Its just a school located in a residential area which I feel is the most appropriate place and not in an area where you have other business. Parents do look for schools in residential areas and not in commercial districts. Mayor Ferre: The Planning Department recommended approval subject to conditions, would you comment on that Mr. Acton? Mr. Acton: The Planning Department recommended approval on this item subject to proper enclosure. I did review the site yesterday and the facility itself where the Day-care nursery is to be planned, is very well maintained, a fine duplex. The only condition that we impose is that they be required to place an evergreen buffer hedge around the existing fence area. Mayor Ferre: Which she has accepted to do? Mrs. Cody: Yes. Mayor Ferre: Mr. Williams, as I understand it, you live in the property marked in red? You live directly accross the street. Who are the objectors in lots 21 and 22? by mail? These then are the only objectors we have here. Lets open it to the members of the Commission. Mr. Plummer: I know that the State Welfare or whoever the controlling agency is sets a maximum amount of children that you can have. In these facilities, what would be your maximum? Mrs. Cody: 35. Reverend Gibson: Are there any other kindergartens in that area? Mrs. Cody: Not close by, there is an elementary school but we would not be involved with that, that's first grade. Reverend Gibson: I understand, but I had a rude awakening that Brother Turner that you could build wherever you wanted it even if we didn't want you to on the school board but that isn't necessarily so with private schools. I want to make sure we understand. Are there any other nursery schools in that area? Mrs. Cody: The only one I know of Father Gibson is way over and connected to St. Mary's Church. Its not in the immediate neigh- borhood but that's the closest I know of. Mr. Plummer: Mr. Mayor, I think its only fair, 35 is a lot of kids to dump in and I can appreciate, kids have a good time and they make a lot of noise. I got one that makes a lot of noise and the other makes too much noise. I think its only fair, I haven't seen the property or location and I personally would move that this be deferred until next week, that we have the opportunity to go up and look at the area, see how much crowding this would do to the area Reverend Gibson: Second. Mr. Reese: Mr. Mayor, may I suggest that this item not be on the next agenda, but on May loth because we are following the ordinance on the agenda, its ready to go into the mail now. Mr. Plummer: I will amend my motion to defer to May loth. 38, CHANGE ZONING CLASSIFICATION- LOT 3, BLOCK 7, BUENA VISTA PARK AMD Mrs. Maldolado appeared and explained to the Commission that the property in question was a frame house and was beyond repair and it was desired to demolish this and build a duplex in its place. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOT 3, BLOCK 7, BUENA VISTA PARK AMD (2-89), LOCATED AT 3521 N. W. 11TH COURT, FROM C-4 (General Commercial) DISTRICT TO R-2 (Two -Family) DISTRICT: AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEAL- ING ALL LAWS IN CONFLICT HEREWITH was introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 33 APR 191973 39, CLOSE STREET -VACATE ALLEY -CONDITIONAL USE -VARIANCE "LITTLE RIVER CE(tTF.B_' Mr. Giendinning: Mr. Mayor, I am Thomas B. Glendinning, Senior Vice President of the First State Bank of Miami. We propose as per the agenda, to build a 7-story structure on the corner of N. E. 2ndAvenue and 79th Street to be known as the First State Bank of Miami. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-271 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE, N. E. 1ST PLACE FROM N. E.1st PLACE FROM N. E. 79TH STREET TO N. E. 80TH TERRACE; AND THE EAST -WEST ALLEY RUNNING 112' WEST OF SAID PLACE, IN ACCORDANCE WITH TENTATIVE PLAT #857 - "LITTLE RIVER CENTER", SUBJECT TO RELOCATION, ALTERATION OR INSTALLATION OF ANY UTILITIES AND EASEMENTS, AND SUBJECT TO RECORDING FORMAL PLAT (Here follows body of resolution, omitted here and on file in the City Clerks 3ffice) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-272 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XI, SECTION 1 (5) (b), TO PERMIT "DRIVE-IN TELLER" ON TENTATIVE PLAT #857 - "LITTLE RIVER CENTER", LOCATED AT APPROXIMATELY 175 N. E. 79TH STREET SUBJECT TO SUBMISSION OF A LANDSCAPE PLAN FOR REVIEW BY THE PLANNING DEPARTMENT; ZONED C-1 (LOCAL COMMERCIAL) DISTRICT AND C-2 (COMMUNITY COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Msssrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: NOne 3 4 APR 191973 Mrs. Gordon: Iwould like to call attention to the Planning Departments recommendation for approval subject to submission of a landscape plan for review by the Planning Department, is this agreeable with you. Mr. Glendenning: Yes and 1 believe that Jonathon Seymour has delivered this document to the Planning Department on Monday. Mrs. Gordon: I call attention to tilt complete green surrounding this application and the complete agreement of the neighborhood to this development taking place and I compliment you on a good job well done. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-273 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XII, SECTION 4 (1) (b), AND ARTICLE XXIII, SECTION 4 (23), TO PERMIT CON- STRUCTION OF BANK AND OFFICE BUILDING ON TENT- ATIVE PLAT #857 - "LITTLE RIVER CENTER", LOCATED AT APPROXIMATELY 175 N. E. 79TH STREET, WITH 80TH TERRACE SETBACK OF 5' (10' REQUIRED), WAIVING 5 OF 277 REQUIRED OFF-STREET PARKING SPACES, ZONED C-1 (LOCAL COMMERCIAL) DISTRICT AND C-2 (COMMUNITY -COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following.vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Reese: On "C", this proposal of ;,ust a tentative plat in no way eliminates the requirements of the parking lot lighting, the ordinance applies into that. Mr. Plummer: Mr. Reese, I thought I made a motion to that effect Sir, that it was mandatory in the future, are you just putting them on notice? Mr. Reese: Yes Sir. Mr. Glendenning: If you will see by our model, those little sticks represent poles around the parking deck. Underneath we intend to comply with the city ordinance of proper candle power. RECESS: THE OMM SSION ENTERED INTO LUNCH RECESS AT APPROXIMATELY 2:00 O'CLOCK P.ii, HE COMMISSION RESUMED SCHEDULED SESSION AT 2:00 O'CLOCK I.M. WITH ALL MEMBERS PRESENT. 35 • 40, CHANGE ZONING CLASS Mr. Don R. Hartman, APplicant appeared and explained to the Commission that this request was for a small portion of Lot 1 that was left as a result of the condemnation of the major portion of Lot 1, due to the widening of the 79th Street Causeway. He said he owned the contiguous lots zoned R-4 and I am requesting re -zoning of this small portion to tie in with the other property. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOT 1, LESS CONDEMNATION, BLOCK 5, HAYNESWORTH VILLAGE (44-54), LOCATED AT 1200 N. E. 79TH STREET FROM C-4 (General COmmercial) TO R-4 (Medium Density Multiple) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH WAS introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. George Acton, Director of the Planning Department: Mr. Mayor, may I suggest. I would recommend in this change of zoning which I think is to be recommended in this area, that the applicant try in his development of the plan to provide a minimum 10' landscaped setback from the bayfront. I notice the development in this area, a lot of the existing apartn.ents in the area have come right up to the bay without providing any,landscaped development so I would recommend to the applicant, although its a change of zoning that he attempt to provide along the bayfront a 10' continuous landscaped area. Mayor Ferre: Are you willing to accept this as part of this? Mr. Hartman: Yes I am. (NO OBJECTORS APPEARED) 41. VARIANCE - LOT /1. GRAPELAND CENTER Mr. Charles White representing the applicant appeared to explain he was here for his Mother who had an invalid sister and that he wished to build a Florida Room onto an existing structure so that this person could get into an outdoor situation. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-274 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VI, SECTION 3 (3), TO PERMIT CONSTR- UCTION OF FLORIDA ROOM ADDITION TO EXISTING SINGLE FAMILY RESIDENCE, ON LOT 71, GRAPELAND CENTER (14-6) LOCATED AT 1021 N. W. 27TH COURT, WITH REAR SETBACK OF 12.5' (20' REQUIRED) ZONED R-2 (TWO-FAMILY) DISTRICT 36 APR 19.1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 42, - CONDITIONAL USE - LOT 2L 22. DOUGLAS 7TH COMMERCIAL CENTER AMP The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-275 A RESOLUTION GRANDING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (f), TO PERMIT CONSTRUCTION OF BEDROOM ADDITION TO NON -CONFORMING SINGLE FAMILY RESIDENCE, BEING ONE OF TWO SINGLE FAMILY RESIDENCES, ON N. 5' LOT 21, ALL OF LOT 22, AND S. 22' OF LOT 23, BLOCK 4, DOUGLAS 7TH COMMERCIAL CENTER AMD (25-24) LOCATED AT 1061 N. W. 35TH AVENUE, ZONED R-1 (ONE -FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: NOne Mrs. Enrique Alvarez, appeared. No objectors appeared. 43, VARIANCE- CONDITIONAL USE- LOT'S 5.6 7A BLOCK 5 NEW LIBERTY CITY Mr. Ernest Williams, Pastor of the Missionary Baptist Church appeared to request permission to erect a building to facilitate sunday school classrooms. Mayor Ferre noted no objections and recommendation of the Planning Department for denial. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-276 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (d), TO PERMIT CONSTRUCTION OF ADDITION TO CHURCH ON LOTS 5, 6, 7, AND 8, BLOCK 5, NEW LIBERTY CITY (39-28), LOCATED AT 1571 N. W. 68TH TERRACE, IN CONCURRENT PETITION FOR VARIANCES, ZONED R-1 (ONE -FAMILY) DISTRICT 37 (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: N one Reverend Gibson expressed the opinion that the applicant should be diligent in the possible purchase of adjacent land and should carry the message to his parishoners and if successful in obtaining land, should request the Commission at a later date to revoke the conditional use. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-277 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE V, SECTIONS 3 (2) (b) AND 3 (3) (a); AND ARTICLE XXIII, SECTION 4 (18), TO PERMIT CONSTRUCTION OF ADDITION TO CHURCH ON LOTS 5, 6, 7, AND 8, BLOCK 5, NEW LIBERTY CITY (39-28), LOCATED AT 1571 N.W. 68TH TERRACE, WITH 13.5' REAR SETBACK (20' REQUIRED), WITH 16'SIDE SETBACK (20' REQUIRED) WAIVING 18 OF 26 REQUIRED OFF-STREET PARKING SPACES, UNDER CONCURRENT PETITION FOR 'CONDITIONAL USE", SUBJECT TO DEDICATION OF THE SOUTH 5' OF LOT 7, ZONED R-1 (ONE -FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Reverend Gibson made the same comment in regard to the future acquisition to relieve parking problems which he said were worse in Black Church areas than in White and suggested that the pastor be held as a part of granting these resolutions to the diligent search for purchase of lands. 44, CHANGE ZONING CLASSIFICATION - LOTS 7,8,9,10. BLOCK 60 LAWRENCE ESTATE LAND CO. Mr. Tom Tratham, Attorney representing Sun Bank of Riverside appeared and explained that the Bank already owned the surrounding property and the request was to make this property consistent with the surrounding zoning. Mr. Plummer expressed the opin.on that he was familiar with what the bank had done and was proposing to do and that the bank had already removed many of the eyesores of the neighborhood by demolishing them and that the bank had done a tremendous job. 38 APR 191973 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 7, 8, 9, AND 10, BLOCK 60, LAWRENCE ESTATE LAND CO., (2-46) LOCATED AT S. E. CORNER OF N.W. 13TH AVENUE AND 2ND STREET, FROM R-4 (Medium Denisty Multiple) DISTRICT TO C-1 (Local Commer- cial) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH Was introduced,by Mr. Plummer, seconded by Reverend Gibson and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 45, VARIANCE - TRACT 1 - STURGEON HEIGHTS ACRES The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-278 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 11 (1) TO PERMIT REPLATTING OF S. 101' OF W 59.5' OF E 237.5' OF TRACT 1, STURGEON HEIGHTS ACRES (31-43), LOCATED AT APPROXIMATELY 115 N. W. 74TH STREET, BEING 59.5' IN WIDTH (60' REQUIRED), CREATING A LEGAL BUILDING SITE; ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Reboso, Mrs. Gordon and Mayor Ferre. NOES: None 39 APR 191973 46. CONDITIONAL USE - LOTS 18.19,20, BLOCK 16, RAILWAY SHOES. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-279 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (j), TO PERMIT DAY NURSERY ON LOTS 18, 19 AND 20, BLOCK 16, RAILWAY SHOPS 2ND ADD AMD (3-183) LOCATED AT 225 N. W.52ND STREET, AS PER PLAN ON FILE IN PLANNING BOARD OFFICE, SITE ZONED R-2 (TWO-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None Mr. Plummer: For the record, Mrs. Cox originally got in business by the initiation and it was her particular project that she allowed first for day nurseries to move into R-1 but I think it should be for the record since this morning, we did defer one of a like circumstance but there is a big difference that the one this morning was in a totally residential area and was the reason for my asking for a deferment. This one this afternoon is in a commercial area which I don't think the noise of the children playing will make any difference whatsoever. I thought it should be noted there is a difference in the two applications. Mr. Ferre: I think another is there are no objectors in this immediate area.. 47. CQNDITIONAL USE - LOTS 11=15 , BLOCK 4.. JACKSON PEACOCKS SUB Mr. Wayne C. Williams, 1601 Onaway Drive appeared and explained to the Commission that 21 condominium units were being proposed under the Planned Unit Development. He said that the landscape plans have now been submitted to the Planning Department. Mrs. Gordon complimented the applicant for proceeding with the development under the Planned Unit Development rather than a possible change of zoning request. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-280 A RESOLUTION GRANTING A "CONDITIONAL USE",,AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 1, (4-A), TO PERMIT CONSTRUCTION OF PLANNED UNIT DEVELOPMENT CONSISTING OF 21 UNITS IN 11 STRUCTURES ON LOTS 11 THRU 15, AND 31 THRU 35, BLOCK 4, JACKSON PEACOCK'S SUB (3-18) LOCATED AT APPROXIMATELY 3180 BIRD AVENUE, SUBJECT TO DEDICATION OF PROPERTY WITHIN THE ZONED STREET WIDTH ON BIRD AVENUE, S. W. 32ND AVENUE AND JACKSON AVENUE, SUBJECT TO 40 APR 191973 SUBMISSION OF A TREE SURVEY AND LANDSCAPE PLAN FOR APPROVAL BY THE PLANNING DEPARTMENT, WITH RELOCATION OF TRASH COURT TO 32ND AVENUE AND READJUSTMENT OF PARKING LOCATIONS TO BE APPROVED BY THE PLANNING DEPARTMENT, SITE ZONED R-2 (TWO-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 48, REQUEST FOR PERMISSION TO FILL SUBMERGED LAND "36TH STREET BAYFRONT SUBDIVISION" Mr. Rothstein, City Attorney: Mr. Mayor, we have a problem on this matter. It has been passed as recommended by the Planning and Zoning Board, however, this property has apparently to this point, been illegally filled. The state statute requires that before anyone can fill property, they must get permission from the municipality concerned. I think Mr. Grimm can give you better details as to what has happened there but its something that has to be called to the Commission's attention because apparently somebody went out there and filled it and now they are coming in saying, well we did it and there were no ecological studies but its there and now in effect, approve it for us. Mayor Ferre: Well what is the procedure then legally that we have to follow? Mr. Rothstein: well you can act and you can approve it, but I think you have to he fully advised and I think you ought to ask Mr. Grimm about the history. Mr. Grimm, Director of Public Works: Mr. Mayor, the illegal filling took place way back in 1959 prior to the time that the state statute existed requiring the ecological surveys. There is a small portion of the existing upland to the bulkhead line which is not filled - Mayor Ferre: Is that the portion in yellow? Mr. Grimm: Yes Sir, and they have subsequently gotten the necessary ecological surveys from the trustees so from our point of view, they are now. The one question that does exist is whether or not there is a bulkhead as a straight bulkhead or slope rip -rap shoreline treatment - Mayor Ferre: That is a legal problem they will have to settle and I imagine they will have to settle with the state and that does not affect the deliberations here as I understand it, is that right? Mr. Rothstein: That is correct but it is a situation that I wanted to make sure the COmmission was made aware of before they voted. Its no impediment to voting and proceeding but anything dealing with the bayfront that is unusual, we want to call to your attention. 41 APR 191973 Mayor Ferre" Let me see if I understand what you said. In 1959 part of this property was in water and was filled previous to the existing law, since that time they have gone back to get permission to fill the little piece in yellow shown up there that was not filled and that's been approved so I guess we could assume they would have approved the rest of it had it not been filled. Any questions on that? Mr. Smoloff: Mr. Mayor, I am Steven Smoloff of the Law Firm of Meyer, Weiss, Rose and Arkin representing Biscayne Bay Development Corp, the owner and .developer of this tract. We have had extensive disucssions before the Planning Board and have discussed our petition to fill that portion of the property outlined in yellow and we so seek your approval today: Mr. Acton: May I suggest that the Commission attach a couple of conditions to the issuing of this permit. Mr. Plummer: Wait a minute now, Mr. Acton, if you have anything to attach to these things, I am looking at this sheet here and I am going according to rules. About 30 minutes ago, you came back and had something else to attach and I think it should either be attached to this agenda or given to us in advance. I am not trying to put you down for it but when I sit here and I see approval by - your department and approval by the Planning Board, I am going on that as good word and I would suggest in the future if you have some attachments that you wish to place on these things, that you put them in the book or on the agenda in some way so we will have them beforehand. Mr. Acton: You are quite right Commissioner Plummer, the reason that I didn't do it on the last item was because it was a change of zoning from C-4 to R-4 and you can't attach conditions legally. This one I must admit is an error of ommission on our part. Mayor Ferre: Proceed with your recommendations. Mr. Acton: #1 that the developer work with the department in the development of his plans. #2 that it be fully understood that there should be at least a minimum of 20' landscaped green area along the bayfront. Mr. Smoloff: You have placed us in a rather difficult position on that. We came here with the understanding that we have the Board approval and Public Works Deparment approval. As I under stand the plans developed to date, the property that is to be filled will contain a parking structure, on top of which will be a recreational area which will contain a good deal of landscaping and will contain a swimming pool area but I cannot answer as far as any buffer zone between the bay and the structure itself. Mr. Ferre: Is this the first time this has come up or is this the first time it has been discussed with you? Mr. Smoloff: It has not been discussed with me before. This is the first time I have heard of it. Mr. Acton: Yes it is an error of omission on my part and the reason I decided to try to get the applicant to go along with these conditions is because of the type of development that we have been experiencing along the bayfront where some developers do bring the structure up right to the bayfront without providing any type of grade level landscaping and it makes it rather barren type of appearance from both the standpoint of the individual living in the structure and also those viewing it from the adjacent causeway or even from the bay itself. I do think we have to take some kind of steps to try to prohibit such a development within the framework of our ordinance. Mayor Ferre: Mr. Acton, I happen to agree with you but my question is, is this the way to do this? 42 Mr. Plummer: Let me ask a question Mr. Mayor. What does your plan show? How close is your building to the bayfront or the bulkhead line? Mr. Smoloff: I don't know, let me ask Mr. Garris, perhaps he knows. I am not sure, I don't know if its to the bulkheading itself or whether there willbe a setback but at least part of that area is planned for a parkingstructure, which will - Mr. Plummer: Are you telling me you haven't drawn your plans as of yet? Mr. Smoloff: They have been drawn. Mr. Plummer: You just don't have them with you? Mr. Smoloff: Well I think in all fairness, we should defer it until we can be shown what it is going to be. Mr. Reese: I just want to make a comment. These people are here for a fill permit and that's all that is before the City Commission is a fill permit and I think they are operating under a tentative plat so one of the conditions that could be put on the plat, on the final plat is this 20', not on this as the fill permit. Mayor Ferre: We are going to be looking at it when it comes back for final plat.When it comes back for final plat, I would imagine we could discuss it. Mr. Reese: Also that the plat committee, if the Commission would ask them to consider this. They can take it into consideration before the plat even comes back here. Mr. Mayor, Mr. Simpson tells me it has been before the Plat Committee. Now he is in a position to go for the building permit. At this point, I would make this suggestion. That the Commission pass a resolution that no building permit be issued until it shows a reservation from the waterline back to the building. Mr. Plummer: Would we be smarter to do that Mr. Reese or just send it back to the Planning Board? Mr. Reese: Its only here on a fill permit. Mayor Ferre: Can we do that legally Mr. Rothstein or could they take that to court? Mr. Rothstein: They could take it to Court. I think you had better send it back based on this new information. Mr. Smoloff: Could I defer this momentarily until the principle of the corporation comes back, he should be here within an hour. The principle of the corporation is from Chicago. He has a 5 PM plane. to catch. 43 APR 191973 49, FILL SUBMERED LAND- OLD PORT SITE- BI-CEfTENtIAL PARK The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-281 A RESOLUTION GRANTING PERMISSION TO FILL SUB- MERGED LAND CONTIGUOUS TO UNPLATTED SITE KNOWN AS BICENTENNIAL PARK (OLD PORT SIDE), LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN N. E. 9TH STREET AND 11TH TERRACE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 50, APPEARANCE OF LUIS SALAS - LATIN AMERICAN LEGAL SERVICES Mr. Luis Salas, Attorney representing Latin American Legal Services appeared to outline the continuing need of the latin sections of the City for legal services and explained that the program heretofore had been funded by a federal grant and that there was no provision for funding after July 1973. He said the organization rendered legal services involving marital problems, evictions etc., and that it was the only agency serving the latin population exclusively operating in the City of Miami. He requested $92,000 to fund the office which would include the cost of lawyers, administrative costs and processing. He rep- resented to the Commission that hundreds of persons were assisted either directly or indirectly through public information programs. In response to a question by Commissioner Plummer, Mr. Salas replied that it was correct that his organization was requesting priority in the future allocation of remaining revenue sharing funds. Commissioner Plummer pointed out that there was a Mayor's Committee to study and recommend. Mr. Salas advised the organization serves the area known as Little Havana within the City. He advised that the other branches throughout the County were under the umbrella of Legal Services. Commissioner Gordon asked who was going to fund the other offices and was told they would come from O.E.O. until it is phased out. After considerable discussion the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-282 A RESOLUTION REFERRING THE REQUEST OF THE LATIN AMERICAN LEGAL SERVICES FOR FEDERAL REVENUE SHARING FUNDS TO THE MAYOR'S COMMITEE ON REVENUE SHARING FUNDS FOR ITS CONSIDERATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) 44 APR 191973 Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote .• AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 51, REQUEST OF COCONUT GROVE_ ASSOCIATION INC TO CHANGE NAME OF COCONUT GROVE BAYFRONI PARK TO PEACOCK PARK Appearance of Mr. Joseph R. Harrison Jr. Mr. Harrison: My name is Joe Harrison, I live in Coconut Grove on Main Highway. I am before you today to propose the renaming of Coconut Grove Bayfront Park to Peacock Park. As I am sure you all know at this point, Coconut Grove is celebrating its 100th birthday this year. This is a rather distinction in that we are the only community between Key West and St. Augustine who reached its 100th birthday. We feel that since a proclamation designated the weekend of May Sth,6th as Coconut Grove Centennial Weekend, we thought it would be appropriate if Coconut Grove Bayfront Park was renamed in honor of one of our pioneers, one of the founders really, of Coconut Grove. I have submitted a resolution to the Commission. in Mrs. Gordon: Also read the record, the letter from Frank Stearns who is Secretary of the Miami Memorial Committee recommending this Commission go forward in the direction of renaming Coconut Grove Bayfront Park to Coconut Grove Peacock Park and I feel so strongly that this is a good move for the City of Miami, I would like to offer the motion to adopt the resolution. Rev. Gibson: I want to raise some questions Mr. Mayor. Mr. Ferre: Just a minute, lets see if there is a second to the motion. Mr. Plummer: Second. Mayor Ferre: Seconde4, :low discussion. Mr. Reese: Mr. Mayor, I would like to raise the question that undoubtedly has been taken into consideration but Coconut Grove Bayfront Park was planned in the master plan to be a contiguous or part of the Dinner Key Complex and if you are going to name this segment of it, Peacock Park, then you ought to consider naming all of this area, Peacock Park because you can't very well have that small segment of the park up there under a different name than you have the balance of the area. Rev. Gibson: I have lived in the Grove 27 years. I am pastor to a flock of people who were a part of the founding fathers. This is our first hearing of it. I want to know, not only about this park but how involved are Black people in this observance that you all are planning? I think you ought to put that on the record for the sake of the Commission. I will have you to know that based on previous observances, the old time families in Coconut Grove, some of them are my parishoners and they weren't included and I want to make sure }f you are goint to observe 100 years, that you ought to put all of us in that observance, I think that is only fair. Mr. Harrison: Father Gibson, a direct answer. You will note that I have sent to you personally over my signature, 2 letters asking for participation of your church and your parishoners, I think you probably got one of them today. We have done the same with every church in the Grove and with every Civil organization in the Grove. Rev. Gibson: The plans aren't drawn though are they? Mr. Harrison: The framework of it has been set up Father Gibson. We are going to have what we call a happy birthday picnic in the park which we have, which is being organized by the Rotary Club. We are contacting every organization, every church, really pleading with them to send their parishoners, particularly their young poople to this happy birthday picnic in the park. 45 APR 191973 We are also pleading with them to get their young people to attend and participate in what we are calling the parade of the century,which will occur on the same day. The third major event on this day will be a bicycle race, the Great Coconut Grove Centennial Bicycle Race and again we are pleading for participation and I am sure that the letters,the materials sent to you and Reverend Wright and others contained a very urgent request for your vigorous support and participation. As I understand it, your own church will be hoeding a bake sale or cake sale or selling some food and beverages in the park with the permission of the City which we are in the process of obtaining. Your church along with others will be represented in the park in a fund raising way. We have taken a very comprehensive view of this celebration and have included absolutely everyone in the Grove. Rev. Gibson: Black people have been saying right along that you make the plans and then expect us to fill in. I want you to listen carefully to what he said, the plans are drawn and all we are going to do is be asked to go along with the plans. I am saying that we who live in the Grove who constitute an integral part of the establishment of Coconut Grove should be part and parcel of the planning process and that is not the way it is and Mr. Harrison can't stand up here 4nd say otherwise because if anybody knew, I would have known. The old settlers, the Stirrups especially and not one of them knew a thing about it. Mr. Harrison: Father Gibson, I sent you a letter probably - Rev. Gibson: I received the letter this week, the plans are laid, both letters that you wrote. I received one yesterday and one the night before. I want the Commissionto know the whole story, put it on the table. Mr. Harrison: Father, I sent you a letter, probably 2 months ago asking for your participation and the participation of your congregation in the planning process. We have throughout this celebration, maintained these lines of communication. Mrs. Dean who is Mrs. Stirrupp was present on Januaty 9th in this very chamber when Mayor Kennedy issued a proclamation on the centennial. We have consistently striven to do this. People have been in contact with the Black community solicitng ideas, soliciting ideas. I have called Mrs. Virrick at Coconut Grove Cares personally to invite her participation. I don't see really Sir, how we could have gone any farther than we have in this. We have done it by letter, we have done it by personal contact. We have done it by invitation to the presentation of the centennial proclamation. I really do believe that we have gone the limit on it sir. Rev. Gibson: Let me ask you this. You have a centennial committee that the Mayor appointed. Mr. Harrison: No Sir. Rev. Gibson: Well now wait a minute. Let me backup here. The mayor asked me to offer the name of a person and I offered the name of Mr s. Helen Bently. You don't have that name? Mr. Harrison: No sir, I received - Rev. Gibson: Something is wrong now. You got to do an awful lot of backing up. Mr. Harrison: Let me tell -you what happened there, its a very simple thing. I received a letter from Mayor Kennedy which stated that he was appointing me as a coordinator in this matter and that Father Gibson would be appointing a coordinator. I wrote Mayor Kennedy saying that I thought I must reluctantly decline to be a coordinator because I had just undergone very serious eye surgery and I am still recovering from the eye surgery but I have recovered enough to where I can now do something but I did at that time, decline the appointment and I have been totally unaware of the appointment of anyone by you, father Gibson. 46 APR 1 91973 Rev. Gibson: Sir, I am going to say this and stop. You now are aware that I have appointed somebody. You are how aware that I have raised the question. How you could have a 100th anniversary celebration of Coconut Grove and the Black people of Coconut Grove cut the Palmettos that made Coconut Grove what it is. I just feel we ought to put this on the table, we ought to understand it and I am tired when you all do things up in the Village, you do them and you say oh yea, there is some black folks down there in the village. We are right there man, you can't get rid of us now. No way you can get rid of is. You should have planned it with us, not planned it for us. Mr. Harrison: Father Gibson, is your church not participating in the park? Rev. Gibson: Since you asked me, let me tell the Commission. A member•of St. Stevens Church, whose name I do not remember but he works at Merrill -Stevens met me in the post office about a week or 10 days ago and asked me if he ;dot permission, if we would participate, that is as much as I k:iow. I described 'him as best I could. I am saying to the Commission that what you are hearing here isn't all the truth, not all the truth, all the facts. Mr. Harrison: Thank you for the revision of the statemnt because what I have said is true. I sent you and the Commissioners, a history of the Grove in connection with the resolution I sent to you and if you will read the history, you will see that the Black community is given its due in terms of its early early arrival in the Grove and the contributions that it has made to the Grove. Mr. Plummer: Mr. Mayor, as I understand this, Mr. Harrison, you correct me if I am wrong. Father, I want you to listen to this. AS I see this, I see it in 2 parts. One part being that you are here today asking that the nane of the park be changed to that of Peacock Park. The second part that you will be coming back for asking of the City at'a later time, is permission to use the park for the celebration. Mr. Harrison: We have the permission to use the park and the street. What we are asking for is for the churches such as Father Gibson's church to sell food and beverages in the park so that they may raise funds for their churches. This type of thing as I un derstand it requires permission. Mr. Plummer: You already have approval from Mr. Reese's office for the use of the park for the birthday party. Mr. Harrison: Yes Sir. Rev. Gibson: I believe before you change the name of a park that the people of the Grove ought to be asked. I have nothing against the Peacocks. I do know that all of us made the park and made Coconut grove what it was, I am a native, born and reared in the City of Miami. My wife says I ecame out of the getto and she came out of the suburbs. She called Coconut Grove a suburb and I am not sure she would want to change the name for the park to Peacock. I think we ought to ask all the people. I don't think the people up in the village necessarily and only ought to decide to change the name. I think all of us ought to be asked. thats only fair and along with the fact that if you have a master plan as Mr. Reese has indicated, I hope we will not now whittle away and whittle off the plan. Mr. Plummer: Father, are you suggesting then that the COmmission hold a public hearing? Rev. Gibson: That is my suggestion. 47 APR 191973 Mr. Ferre: We have a motion of Mrs. Gordon, you would have to withdraw that motion, we haven't voted on it. Mrs. Gordon: I think with all due respect to what Father Gibson has said that we ought to at least advise all of the people in the Grove of our action even though as I expressed before, I personally am in favor of recognizing the founder of Coconut Grove by naming the park, I think that if we don't have a public hearing, we will cause hard feelings and we don't want to cause anything of this sort to take place so I will withdraw my motion. Mr. Ferre: At this point then, we have a motion made by Father Gibson that a public hearing be called. Mrs. Gordon: Seconded. Mr. Harrison: May I make a brief statement and a lot of preparation has gone into this as to the reason why particularly we wanted to name it Peacock Park. Mayor Ferre: Mr. Harrison, in the interests of saving time., since I know that this point is, you can see the feeling of this Commission is that we are going to defer this matter and my recommendation is that you hold off until the public meeting is held and we will discuss it more fully. Mr. Harrison: The idea was to hold the rededication ceremony on May Sth and 6th which is the centennial weekend; Mayor Ferre: That would be rather hard now in view of the motion that has just been made. Mr. Harrison: It would be impossible as I see it to hold a public hearing before then - Mr. Plummer: Mr. Reese, is there anyway possible you could get it on the 26th agenda? Mr. Reese: I can get it on the agenda but the public notice would be very limited but it can go out. We usually give it 2weeks. Mr. Plummer: Well its fine to make a conscientous attempt but 1:his celebration is scheduled for the Sth and 6h. Mr. Reese: I am not scheduling it or anything else, I am just pointing out that if you are going to hold a public hearing, lets go through the processes of advertising it. Mayor Ferre: Mr. Reese, when do you think practically we could have it? Mr. Reese: I think at 4 o'clock on May 10, is a very practical time. Mr. Harrison: Thats 4 days late. Mr. Reese: I don't think you are celebrating peacock, you are celebrating Coconut Grove. Mr. Harrison: The question is just adding another facet to the day of celebration Mr. Reese. Mrs. Gordon: Would there be any reason why we couldn't have a special hearing for this purpose on the 3rd of May? Mr. Plummer: A single item agenda? Mrs. Gordon: A single item agenda for this one item. It is an imposition on the Commission but on the other hand, there is a critical time element involved and I think we owe a public hearing to the people so I would be agreeable, I can't speak for the rest of you. 48 APR 191973 Mr. Reese: Mrs. Gordon, I want to bring it to your attention that today is the 19th and you have a meeting on the 26th and if you have a meeting on May 3rd- Mrs. Gordon: One item Mr. Reese: Yes but one item usually develops into 2 items - Mayor Ferre: Father Gibson, what is your opinion on this? Rev. Gibson: Sir, I would do what is reasonable. I don't want to be difficult. I want all of the people to be given an opportunity to voice their approval or disapproval, this is all I say. I have no objections to the change of the name but I think that the people who have made the Grove what it is ought to have an opportunity to say, this .s what we want to do. All along we have known this to be Coconut Grove Park, now, and I think all the people involved knew this was being proposed so they should have told all of us, that's the way I feel. Mayor Ferre: I will tell you Mr. Harrison, this is just some friendly advice. My opinion that this is a serious matter that I would go along with leaving it for May loth so that we can have a full public hearing. You don't want any hard feelings on this, this is too important, so you won't be able to announce it on May 5th, maybe you will be able to announce it after that. Mr. Harrison: Well I will agree to that. We did what we thought was proper, after all not many people get terribly excited about the name of a park and - Mayor Ferre: This case is very symbolic and it is very important and I think Father Gibson has stated that and I am sure he has his very good reasons. Mr. Harrison: We had the 3 organizations that are the most prominent, the Chamber of Commerce, the Grove Association, the Civic Club. The boards of these organizations have approved this. On these boards, there is a black person on the board of the Civic CLub and we have black members of the chamber of commerce. It hasn't been done in any secrecy. Mayor Ferre: Nobody has accused you of that Mr. Harrison. Mr. Harrison: We'll go along in view of the circumstances we are disappointed of course but we will certainly go along. Mayor Ferre: All right, this matter is deferred until we have' a public hearing which will be in the afternoon of May loth and will be advertised. Mr. Southern, City Clerk: I will advertise it for 4 O'Clock on May 10th.. 49 APR 191973 52, REQUEST FOR PERMISSION TO FILL SUBMERGED LAND "36TH STREET BAYFRONT SU DIV1SDE The Commission again took up for consideration further deliberations on this matter continued from Item No. 48 of these minutes. Mr. Smoloff : Mr. Mayor, I have Mr. Lester Mellman, President of Biscayne Bay Development Corp., here to discuss this matter with you. Mayor Ferre: As I recall, its the 20' of landscape on the bay, is that right Mr. Acton? Lets limit our discussion to that point if you would please. Mr. Smoloff: This is the condition that is being imposed. Mayor Ferre: No, not being imposed, being requested by Mr. Acton, a little bit late - Mr. Smoloff: This is what we feel, we feel its inappropriate - Mayor Ferre: Well then you don't want to accept it, is that what you are saying? Mr. Mellman: I am sorry I was not here when the condition was requested. It's difficult to give an answer to something in which you have spent 1 year planning the development of a 20 million dollar project and in the last 15 you are asked to change the entire site plan. I think the only answer I can give is to tell you what our site plan consists of and if you don't think this is a good thing that is site worthy and landscape worthy, then I can seriously try to redesign the plan,if I can do that very briefly. Mayor Ferre: I think due to the circumstances of how this has come about late with Mr. Acton, I think its only fair to let you have you let your say on this. Mr. Mellman: If that would be acceptable, I will briefly do it and see if it confirms what you want. I presume you want the bay beautifully done, to be landscaped, not be set in with something that looks like a cement canyon next to it and I think that is what we tried to do. There are approximately 440 apartments which will be condominiums set on this site, well back in an envelope that is imposed upon us by the lot conditions themselves the floor area ratio and the outlying lot. The buildings will be approximately 22 stories in height, one building that runs east and west, there will be 4 tennis courts set out near the bay, there is a large olympic size pool in an L-Turn, almost right at the bayfront. Th..e are 2 handball courts. There are approx- imately 35% of the upper level of the area that the public sees totally landscaped in trees, flowers and all of the ornamentation that our architectural landscapers could give it. Mayor Ferre: Do you have any drawings of this? Mr. Mellman: Yes we have but we did not bring them because we presented this before the Planning Board. We have a permit to build issued by the City of Miami. We have already put in a sewer. We are complying with the requirements only of a fill permit which is a small sliver of land, less than 111% of the site in order to complete the bulkhead as the City and the Corps of Engineers have asked on a straight line from the existing bulkhead that attaches to Julia Tuttle Causeway. Thats the requirement for the fill. Mr. Plummer: How far is your actual structure from your bulkhead? Mr. Mellman: 52 feet. The tennis courts are in between. A garage which is about grade level and below, 311' below actually covers the majority of the site and that's on top is landscaped, you don't see it as a garage. Its landscape, tennis courts, handball courts- etc. 50 APR 191973 That approaches the bulkhead and from that, no structure starts to rise as a building or occupancy until 52' back from the bulkhead. Mrs. Gordon: How far from the water does the tennis court begin? Mr. Mellman: Tennis Courts? Well the pool starts back from the water about 20' and beyond the pool which runs about 40' back, this is to the south of the building, the tennis courts start. There is a covering for the garage which is a flat concrete level like a sidewalk area but that is landscaped, walked and landscaped. There isn't a straight green patch running 10'. It is a design, but no structure as such of a building sits there. Mr. Plummer: Is there a pedestrian walkway through there? Mr. Mellman: All of it. You can walk from one side of the site thoroughly around to the other. Mr. Plummer: You are telling me there is a roof over the top. Mr. Mellman: No, not on most of it, no roof over the top, this is open space but you are walking on what is the top of a garage which is at street level because the garage goes down 3h' and up 3 1'. Mr. Plummer: Whats under the roof? Mr. Mellman: No, I don't think you follow. Walkways, the garden walks, the landscaped areas which looks like grade, is the top of a garage structure and that runs the entire site. You are looking at what looks like a park with walkways and landscaped areas but you are actually walking on the top of a garage. Mrs. Gordon: Mr. Acton, have you seen the plans? Mr. Acton: No I haven't but what he describes is the type of thing that we have been trying to avoid along the bayfront. If you recall during the hearing of the project by Mr. Hollo. Mr. Hollo also was running a garage structure right up to the bulkhead line and the unfortunate part about doing this usually is that the landscaping that goes on top of the garage is placed in pots on top of the garage and doesn't penetrate and go all the way through. Consequently, you can't get the type of landscaping development that is desirable along our bayfront. If you recall Mr. Hollo did setback 5' in certain areas so he could provide landscaping that would eventually get to a significant size. When you put a pot on top of a garage, you can't expect the plant to grow very large. Its also the same problem that we faced on the 1901 project where the developer did eventually run the container for the plant mixture all the way through the garage down into undisturbed grade. That's the reason I brought this up at this time. I was afraid that unless we imposed some type of requirement or asked the developer to provide landscaping, that we could very well wind up with the entire site paved without any type of landscaping that would eventually get to be very large. If I understand what he said, the entire site would be paved over a lower level garage and unless you do make provisions for landscaping, you won't get the kind of landscaping we are after in the City. Rev. Gibson: Mr. Mayor, I remember speaking about Mr. Rollo and over there by Jordan Marsh. One of the things I emphasized then and now, is that I hope that at no time, we are going to permit any developer to build to the water which will exclude the people or prohibit the people from getting to it. Now Sir, I am not knowledgabJJ:, I am a new member of the COmmission, but when you go to the Planning and Zoning Board, before its final, they come to us. Very few people give them the heat, they give us the heat, you should have seen the heat we got this morning. It was hotter than hell up here this morning, and all I am saying to you Sir, is I hope you understand how I feel. I don't mind taking the heat but I think we have an obligation to the public. We want the best for this community and I would appreciate if you would understand our position and at least accord us the opportunity 51 APR191973 r of seeing what you have proposed. Mr. Mellman: Mr. Acton, I don't think yot! quite follow exactly what our plan is and I understand what you are afraid of. This is not a paved top garage that's runningto the bulkhead. This isn't at all. You don't see open cars at this level in this area. This is a structure with landscaping placed over and park activities'are placed over. Now, no huge pot with a tree can be placed on it because structurally it won't hold it. We have trees and those trees are designed going all the way down structurally to the ground as in the case you cited where you said a developer changed what he was going to do. For large trees require areas and they are planted spaciously throughout the area, they go down to the ground, through the structure. Grass is imposed on the site. The level I am speaking of, but not a full 10' in terms of this design because we encroach on it with walkways with designed landscape areas. Not a full 10' grass that comes back but grass is imposed in the area. Back of that, there is a pool, back of that there are tennis courts, handball courts. This is an open area. Its not a hunk of cement with a little pot that sits out but we are talking about a 6h acre area that we have designed and worked on for the landscaping requirements. We are anxious to do something that is part of public policy and that would be pleasing next to the bay. It makes good economic sense to do it, we're not being charitable in that effect, the point is, we have designed it, it has been presented to the City. We haven't asked for any variances in this building. We haven't asked for anything that the zoning or code doesn't allow. We have completely and totally complied with the requirements of the code. If you are talking about what is an esthetic and appealing thing - Mr. Plummer: Sir, we are going around in circles, you don't have any pictures or layout. Mr. Mayor, may I offer this suggestion and this motion. May I offer a motion that we pass this subject to the approval of the Planning Department okaying the proposed plat - Mr. Rothstein: No Sir, No Sir, there are two alternatives. Alternative #1 is to defer this matter pending a meeting with the Planning Department. #2, to grant the fill permit but direct pass another resolution directing that no building permits be issued based on a temporary plat and that a final plat has to be issued prior to the time of issuance of the building permit and therefore, you will have the final plat before you before they can start to build and if its appropriate, technical and legally correct, which I do have to check, perhaps you could require an easement along the bay which would then cause them to set back a certain number of feet at grade level. Mrs. Gordon: Didn't you say you had a permit? Mr. Mellman: Correct, the permit has been issued for foundations. We already have the sewer in. This has all been before every required Board in the City of Miami to start this project. What we are trying to do, under your requirements, is to have a final plat filed. To get a final plat, we need to have a fill permit in order to even out the bulkhead. Mayor Ferre: Excuse me. I want to ask Mr. Rothstein then. You have recommended 2 alternative routes. I think you see the sens4, of this Commission. Now, which is the best legal route? Mr. Rothstein: The best legal at this moment, is to defer for one week and let him have an opportunity to come into the department and then you can get some better - Mayor Ferre: We have heard this long enough now, lets see if there is a motion one way or the other. 52 APR 191973 Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-283 A RESOLUTION TO DEFER UNTIL THE MEETING OF APRIL 26, 1973, THE APPLICATION OF BISCAYNE BAY DEVEL- OPMENT CORPORATION FOR PERMISSION TO FILL SUB- MERGED LAND CONTIGUOUS TO TRACT "A", 36TH STREET BAYFRONT SUBDIVISION AND SUGGESTING THAT THE APPLICANT CONFER WITH THE PLANNING DEPARTMENT IN AN ATTEMPT TO RESOLVE ANY DIFFERENCES OF OPINION WHICH MIGHT EXIST • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 53, APPOINTMENT OF MEMBER TO PLANNING AND ZONING BOARD- DISTRICT #2 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-284 A RESOLUTION APPOINTING THE REVEREND THEDFORD JOHNSON, AS A MEMBER OF THE PLANNING AND ZONING BOARD OF THE CI"Y OF MIAMI TO FILL THE VACANCY PRESENTLY EXISTING IN PLANNING BOARD DISTRICT #2 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None } 53 APR 191973 54, Mr. Plummer: Mr. Mayor, there was I thought scheduled on the 26th, a meeting in the evening in reference to the garbage, otherwise known as garbage hearing. I understand that MR.Reese this has not been scheduled but you are going to re -schedule it after that, and since there is some confusion about the date, I would like to have it clarified by you at this time, what your intentions are. Mr. Reese: Commissioner Plummer. I understand the error in advertising this was the misinterpretation that the City Clerk applied to the minutes and then some more prople got awfully enthusiastic to set this up for the 26th, I don't know why because this Commission instructed me to come up with a proposed date for this hearing that would not be in conflict with some of the individuals that were here in the audience. Mr. Plummer: I remember that. Mr. Reese: And I would suggest, if I could clear it with these other people before I come back with a proposed date, that we hold it at a date in the month of May when the holidays and everything else is over with and hoping there will be no conflict. Mr. Plummer: All right so what you are saying now is, we will leave the date open and you will let us know at our next meeting, a definite date. Mr. Reese: That's right, if I can get it cleared. Mr. Plummer: So we all understand that there will not be a meeting on the 26th in the evening in reference to the garbage. 55, EXTEND EXISTING CONTRACT - H LESLIE QUIGG Mr. Plummer: Another matter Mr. Mayor, I would like to bring up at this time, which is something we have done year to year is to bring up an extension for the matter of Mr. Leslie Quigg. Mr. Quigg has only requested that this year, he be allowed to serve until October 1st at which time he will complete sufficient time for his retirement. Leslie Quigg has served this city in many capacities over the years and I would like to offer in motion now that we extend his contract until October 1 of this year. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-285 A RESOLUTION EXTENDING THE EXISTING CONTRACT BETWEEN THE CITY OF MIAMI AND H. LESLIE QUIGG FOR SERVICES AS YACHT DOCKS COORDINATOR UNTIL OCTOBER 1, 1973 UNDER THE SAME CONDITIONS AS THE EXISTING CONTRACT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 54 56, REQUEST FOR PREPARATION OF CE►tTIFICATES OF APPRECIATION. TO__ PERSONS RESPONSIBLE FOR SUPER BOWL PLAYED IN MIAMI IN 1976 Commissioner Plummer: I would like to bring to this Commission's attention that a week and a half ago, that Mr. Reese, myself, Mr. Lew Price, Mr. Lester Freeman, the Executive Secretary of the Chamber of Commerce, Mr. Jesse Weiss, the Chairman of the T.D.A. ventured out to Phoenix, Arizo..ia where the football con- vention and football owners were in convention. I would like to compliment with the exception of myself, all of those members of this committee and in particular, Mr. Reese, who I think made a very fine presentation and we are successful in bringing home to Miami, the first and only thing that is definite at this time, that the super bowl will be played in the Orange Bowl in January 1976. I think it would only be appropriate that this Commission here in these chambers, certificates of appreciation to those parties involved for this -fine job that was done in behalf of the citizens of Miami at our next meeting and I offer that in the form of a motion. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-286 A RESOLUTION COMMENDING THOSE PERSONS WHO ATTENDED THE RECENT CONVENTION OF FOOTBALL TEAM OWNERS IN PHOENIZ, ARIZONA AND WHO WERE SUCCESSFUL IN OBTAIN- ING A COMMITMENT THAT THE SUPER BOWL GAME WILL BE PLAYED IN MIAMI IN 1976 AND DIRECTING THAT CERTIF- ICATES OF APPRECIATION BE PREPARED AND SUBMITTED TO THESE PERSONS AT THE NEXT MEETING OF THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 57, FACILITIES FOR HANDICAPPED PERSONS IN VOTING PRECINCTS Commissioner Plummer: In speaking to a group known as employ the handicapped, it was requested of me, and I think very much so that this Commission go on record in recommending to the Metropolitan Dade County and also to the man who serves as our Election Supervisor, that there have been problems in the past in voting precincts for people who are handicapped and in wheelchairs. I think it is only appropriate that some provisions be made in the future, that in those areas where there are steps and no ramps, that we make provisions for these people who are handicapped so that they can go and vote without a great deal of problem. I think this is a policy that this Commission should adopt and recommendation from this Commission to the Metro Commission. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: 55 to RESOLUTION NO. 73-287 A RESOLUTION RECOMMENDING TO THE DADE COUNTY SUPERVISOR OF ELECTIONS AND TO THE CITY OF MIAMI SUPERVISOR OF ELECTIONS THAT SUITABLE RAMPS Ba INSTALLED AT ALL VOTING PRECINCTS IN DADE COUNTY WHERE NECESSARY TO ACCOMODATE HANDICAPPED PERSONS (Here follows body of resolutior, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 58, REQUEST FOR PROCLAMATION FOR COCONUT GROVE CARES " Mrs. Gordon: Mr. Mayor, Mrs. Elizabeth Virrick was here this morning and gave us a note which says, do you think the City might take cognizance of Coconut Grove Care's 25 years of continuous service to the community with a proclamation on April 28th and I think this is very fitting and would so move that we recognize the services of Coconut Grove Cares.• THEREUPON the following motion was introduced by Mrs. Gordon who moved its adoption: A MOTION TO REQUEST PREPARATION OF A PROCLAMATION IN RECOGNITION OF COCONUT GROVE CARE'S 25TH ANNIVERSARY OF SERVICE TO THE COMMUNITY TO BE PRESENTED AT THE COMMISSION MEETING OF APRIL 26TH Upon being seconded by Reverend Gibson, the motion vias passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None Mayor Ferre suggested that Mrs. Elizabeth Virrick be requested to appear at the meeting on April 26th to receive the proclamation, to which the Commission agreed. • 56 1 59, SALARY DISCREPANCY - BOXING SUPERVISOR Mrs. Gordon: There is an error in the Yarger Report that needs to be considered for correction for Dick Lee who is the boxing supervisor and he was incorrectly listed in the report at some far lesser classification than what he actually is and so in the recommendations, he was moved from what they thought was a 6 to 19 when he already had been at 19, so its incorrect in this regard and I would submit this for correction. The outstanding job that is being done in that boxing program should be commended and certainly, this kind of error should be corrected immediately. Mr. Rothstein: I think Mr. Reese could explain to you Maam, that the process that would have to be followed at this time is for this to be brought to the attention of the Civil Service Board and for them to start the process with an audit of the position etc, thats the procedure. Mrs. Gordon: With the policy position of the COmmission and I so move that they consider this and correct that. Mr. Rothstein: You can't tell the Board Oat they must dothis. Mrs. Gordon: But its an error. Mr. Reese: May I suggest that it be put in the proper channel, that this be referred to the Department Head who in turn can ask the Civil Service Staff to come in an audit the position and then come back with the adjustment which is all in keeping with the proper, legal procedure. Mrs. Gordon: Mr. Reese, I am just pointing out an error in the report. It was classified incorrectly at 6, it was never 6. Mr. Reese: I am trying my best to help you and get it properly corrected Mrs. Gordon. Mrs. Gordon: Well I would move it whichever will get it properly corrected. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-288 A RESOLUTION RECOMMENDING THAT THE MATTER OF AN ALLEGED SALARY DISCREPENCY IN CONNECTION WITH MR. RICHARD LEE, BOXING SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT BE REFERRED TO THE HEAD OF SAID DEPARTMENT FOR HIS INITIATION OF A REQUEST TO THE CIVIL. SERVICE BOARD FOR AN AUDIT OF THE POSITION AND PROCESSING IN AN ORDERLY MANNER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded byReverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 57 APR 191973 60, EXECUTIVE PAY PLAN Mr. Reese, City Manager: The City Commission passed a resolution accepting the Yarger Wage Survey and the implementation of it as far as the classified positions were concerned and I informed the Commission that I would submit to them the proposed Executive Pay Plan at this Commission Meeting. All of the detailed research work was performed by Yarger but I felt it needed a complete review in order to come back with recommendations to the City Commission. I have submitted to you a proposed pay plan with a listing showing the present salaries and the revised or red circled proposed pay plan, or the implementation. This will keep in mind the department and assistant departments and other position salaries at a level that will be and following a system of pyramiding of the salaries that starts out at the classified leveland go right on up. Thisis a very well accepted practice ana it is in keeping with the proposed pay plan and the finding of the overall study that was made. Mayor Ferre: Mr. Reese, let me see if I understand this. The numbers you have circled in red - Mr. Reese: Is the proposed salary to be adopted. Mayor Ferre: And which is the existing salary? Mr. Reese: The one that's right atop that. Mayor Ferre: The one atop that, I see. How come the City Manager doesn't have a red circle around him? Mr. Reese: Because the City Manager is making the report to you and he has a very definite policy of his own. Never solicit or asked for a raise in his life, except once. Mayor Ferre: Let me write this down. What is your present salary? Mr. Reese: My present :salary is $39,982 - 88 dollars. Mayor Ferre: I would imagine since you haven't put down your own. Two questions, first of all your recommendations here are in keeping I would imagine with the scale commersurate not only with the scale as recommended by our-, but also in comparison with the County. Mr. Reese: Yes Sir, and comparable cities throughout the country as well as the metropolitan area. Rev. Gibson: The 43,000 figure we see here, is that the Yarger report indication? Mr. Reese: No Sir. Rev. Gibson: What does it indicate? Mr. Reese: 44,600. Mayor Ferre: What does the Yarger report recommend for the Assistant City Manager? Mr. Reese: 39,100, sorry 37, 100. Mayor Ferre: The-Yarger report recommends 37,100 Mr. Reese: Yes sir, that's what is red circled. Mayor Ferre : In other words, what's red circled is what the Yarger report recommends - Mr. Reese: That is what they recommend and also what we recommend. 58 Mayor Ferre: One last question. How much does the County Manager make at the present time? Mr. Reese: $45,000. Mayor Ferre: I think that - Mr. Plummer: Mr. Mayor, before we talk of salaries and setting a definite figure, Mr. Reese and I have a disagreement and I guess that's healthy and I don't know how you run your business but I know how I run mine. Mr. Reese does not agree with me that should be taken into consideration, the longevity of a man in his position or with the company or in this case, the city. I think this is very important personally and I will use the example that I used to Mr. Reese and I do not mean to downgrade anyone but I only use it ' for the example of trying to show what my feelings are. I will use the example of the Police Chief and the Fire Chief. I personally think that both of these men are of the highest caliber. I personally think that these men somewhat have equal responsibility but where I disagree with- our police chief Mr. Reese, has been here 4 years? Mr. Reese: I think that's the length of time. Mr. Plummer: 4 years, where Chief Kenney has been our Fire Chief for how long Chief Kenney? 11 years. No he's been Chief. Hes been 31 years with the department but I am saying in position. Now what I am saying is this. I don't think the Police Chief is worth a penny less than 33,700 but I think that Chief Kenney and I am sorry that I have to use names and personalities but I think a man is just entitled to more that has been with this City longer than a man in a like position who has not. Do I make myself clear to my fellow commissioners? Mrs. Gordon: Mr. Plummer, you are very clear and I don't disagree with you. I agree with you. I also point out another inequity that I see in longevity and that is the Finance Director because I think he has been with the city for probably longer than anyone else. 13 years, which is also a long period of time in longevity. I call attention to the outstanding job that we had performed in the sale of the bonds recently in New York and it was admirable and I was there to witness that it was an admirable job and I believe if we are going to consider department heads of equal responsibility, that we should consider the Finance Director's responsibilities as Yarger classifies police Chief, Fire Chief and the Finance Director with the same top level. Mr. Plummer: I think as we did before, I think we should go down on each one of these and look at each one of these individually. I think we should take that time. Mr. Reese, do you disagree Sir? Mr. Reese: No, may I make a suggestion that if you would consider adopting the proposedpay plan and scale then you people set the salary as you see fit as you would at budget time. The only thing I would like to speak on this question of longevity. Longevity in a classified position is recognized as a fringe benefit at the very end of the classification. On a department basis, if you are going to consider longevity in a department as a department chief, then you have to apply the like benefits to the man who comes here for his years of performing a comparable job in a comparable city. Just because you perform it in this city doesn't only constitute your right to longevity as far as professional accomplishments are concerned or professional ability. Mr. Plummer: Mr. Reese, I think you are very right and I think your argument against yourself - Mr. Reese: I am not arguing against myself. Mr. Plummer: I think you are sir because in the case of a man that I have great respect for in the short time that I have known him is Mr. Howard and I think that you would have never been able to get him away from New York city or whatever city he came from that if you didn't offer him better than what he was making. The 59 APR 191973 Florida sunshine is great but putting food on the table is more important. This is the spread and I think this is the range that you as City Manager has got to have in the future for being able to get top notch people which this city deserves. Longevity, I agree with you is a fringe benefit but its not just a fringe benefit to them. Its a fringe benefit to this city. That's my feelings on it. Mr. Reese: There is one more point. This City Commission, ever since Ihave been here, has seen fit to keep the firemen and the police salaries comparable, equal. All the way through. That includes the Chief as well as the people under the classified system. When Chief Kenney was first appointed as Chief, he was not put into a salary comparable to Chief Headleys at that time but I think it was in a matter of several years until it was adjusted up where he did pick up and become equal. Now, for the area of responsibility and the duties to be carried out, please at least keep them equal. That's all I am saying, recognizing the professional experience the other people had before they came here that made them comparable to a person being here on the job which would solve the potential problem between the Chief of Police and the Fire Chief if you are going to make any consideration for longevity. Mr. Plummer: What you are saying is, ifwe give the Fire Chief because he has been here longer, a higher salary, you are then asking us to do like for the Police Chief. Mr. Reese: Yes Sir, because prior to his coming here, he was Chief of Police in Eau Claire, Wisconsin - Mr. Plummer: What benefit was that to the people of Miami? Mr. Reese: His experience and performance. Then also, he was Police Chief at Tuscon, Arizona. Mr. Plummer: I am sorry I brought in personalities. Mr. Reese: No, I am talking about positions. if you are going this route. This is why in all personnel matters in all pay plans accross the country in public life , you will find they always endeavor to keep seniority as an additional fringe benefit and don't get it mixed up in a pay plan.. Mayor Ferre: Commissioner Plumm er, I will tell you my opinion on this. I. think the problem and I haven't made up my mind. I see what you are saying and I agree with the theory of what you are saying. A man who has worked longer for the City of Miami should have some kind of a compensation and that should be taken into account. I think the two problems, one is, if you•are going to apply this, you have to apply this for everybody, you can't just apply it for one individual and let me ask you this, if you are going to do it up at the top, you may be starting something which we better take in consideration because you are talking about executive pay plan but I think you better start thinking about everybody else. Mr. Plummer: Mr. Mayor, we have already passed and approved the Pay Plan for the general employees. Mayor Ferre: Did that take into consideration longevity? Mr. Reese: Yes Sir, .their plan has two steps of longevity. Mr. Plummer: 2 steps of longevity and 6 steps at the beginning. Mr. Reese: Also in this pay plan, you have the appointive people who is the major in the police department and also you have people in the fire department. The Assistant Director - Rev. Gibson: I don't understand money going up and down. It would appear to me as a layman, the Finance Director, the Police Chief, Fire Chief are men who share comparable responsibilities, is that what you are telling me? All right, if that's the case, 60 APR 1919T3 I wonder why don't we? If the Chief of Police, Chief of Fire and Finance Director are men who share equal responsibility, why aren't they paid equal pay? Mr. Reese: As of today, they are. Rev. Gibson: The Asst. Police Chief is recommended for 33,000 FireChief gets 33,700. Finance gets 32,100. All I am saying is these men are 1-1-1, wouldn't you give them the same money? Unless we do the other thing you say, if you were Fire Chief at Tuscon we pay you ,based on your longevity in the City of Miami rather than Tuscon, you see? Mr. Plummer: The Finance Director, under the Yarger proposal that we have before us, is a scale roughly $10,000 running from 25,100 to 35,400. Now Mr. Reese, you correct me if I am wrong. If I am thinking correctly, if the Finance Director were to quit tomorrow, 1;he man that you would hire, you would try to start him at 25,100, is that correct? Mr. Reese: It all depends on the man's experience and the man's qualifications. Mr. Plummer: But basically, this would be the minimum. That's the point I am trying to make. Mr. Reese; But you have to look at it as the basis. You have to start somewhere but you have to consider the experience and also the training the individual is going to have and also his reputation. Rev. Gibson: There is no question about the capabilities of the men that you now have, is that right? At least I haven't heard anybody question that. So we could deal with them right now, they are here. Those other fellows may come at another date. All I am trying to say is to simplfy it because I don't understand high finance but it seems we are admitting these men are in comparable positions with the same responsibilities and they ought to be paid top salary. If that be the case, I am saying we can deal with them now and then if we have to replace because of some going elsewhere or something like that, we can deal with that starting point when we get to it, can't we do that? Mr. Plummer: We can, what I am just saying is that I think a man shouldbe rewarded for longevity and loyalty to a company. Mayor Ferre: Mr. Reese, as I understand it, the Yarger report and your recommendation is that longevity not be taken into consideration for the filling of top executive positions in the city. Mr. Reese: I know that Mr. Yarger didn't make this as a recomm- endation that a longevity step}be created and I could understand why because I have never seen an executive pay plan proposal that would set forth longevity steps. Mayor Ferre: I guess the theory on that being that to get to your higher points, executive pay, that is taken into consideration. What you are paying for is the value of the job, at that point rather than any other consideration. Mr. Plummer: Mr. Reese, using you as an example. If we were to set you today at 43,400, what under this proposal or your proposal, when would we put youto 44,600? • Mr. Reese: At your discretion. Mr. Plummer: But you are not saying that next year there would be an automatic raise? Mr. Reese: No. The only time this has been automatic with anyone on this list is when you pass a cost of living increase that it was 4% or 5%, then it applies to everybody. 61 APR 191973 i Mayor Ferre: Yes, this is the way Eastern Airlines do it and all the big companies do it, they get a survey of what the going rate is for all of these different jobs. They recommend it and then the top management discusses it and then you have to make your adjustments. My opinion is -that I think we ought to follow the recommendation of both the administration and the Yarger Study. This is a competent personnel and evaluation company that does this professionally. The recommendations for you Mr. Reese are 44,600, is that correct? Mr. Reese: All I did was say 44,600 because in discussions with Mr. Yarger, I was the one that put a definite ceiling on the manager's salary. Mayor Ferre: What did he want to do - Mr. Reese: He wanted to extend it out to $50,000 and I said no. Mayor Ferre: Mr. Yarger's recommendation was $50,000 and you put a ceiling of $44,600. Had you not done that it would have been $50,000. I think we have discussed this long enough, is there a motion or further discussion? Mrs. Gordon: Yes, further discussion Mr. Mayor because you seemed to indicate that the final figure was the figure that Yarger was recommending but I think what Yarger is doing is giving us a range to fall within and what Mr. Reese has selected is what he feels is appropriate position in that range for the individual concerned. Mr. Reese: For the individual, their responsibility and the subordinates below them as far as any ratios are concerned and recognizing the big impact of lik-, positions throughout the area. Mr. Rothstein: Mr. Mayor, I think the Manager recommended that you pass a resolution accepting the Executive Pay Plan showing the scales, I think that is what Mrs. Gordon is getting to and then you individually go down and set the salaries which is required by the Code and Charter anyway. Rev. Gibson: Before I do that, I want to make sure I am not out of the ball game. I am trying to understand that if Mr. Yarger and the rest of them have the same intuition, for instance, Police Chief 33,700. Fire Chief, 33,700. Public Works Director, 33,700. Finance Director, 32,100. All I am saying is, I will buy what you are saying if you go accross the board and say these men share comparable responsibility and then deal with that. All. right heres a chief, a chief, a chief or director, director, director, and you say, for instance I can't see why the Finance Director shouldn't get $33,700 just like all the other people. This is what I am saying. Mr. Rothstein: Yes Sir, this is what Mr. Reese said to you, that if you first adopt by resolution, the Executive Pay Plan, which does not include the red circles, just the - Rev. Gibson: All right, we are going to adopt the plan in principle - Mr. Rothstein: Thats right and then by ordinance, you set the figure. Thereupon the following resoution was introduced by Reverend Gibson who moved its adoption: 62 APR 19197 1 RESOLUTION NO. 73-289 A RESOLUTION ADOPTING THE EXECUTIVE PAY PLAN AS RECOMMENDED IN THE SURVEY SUBMITTED BY YARGER AND ASSOCIATES AND THE SALARY RANGES SET FORTH THEREIN WITH THE EXCEPTION THAT THE TOP RANGE FOR THE CITY MANAGER'S SALARY BE CHANGED TO $45,000 A YEAR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Rothstein: Its not in principle, they are actually adopting the pay plan as recommended. Mrs. Gordon: We are adopting the maximum and the minimum and all steps in between. Mayor Ferre: Yes, hut we are not specifically adopting the pay for each one of the titles that we have before us. Mr. Plummer: I would like to see in Mr. Reese's case, it be an even figure of 45. Mayor Ferre: That comes into effect for this reason because if we adopt the overall plan, then the range would be increased and rounded to 45,000 rather than 44,600, so that is a motion to amend , is that acceptable Father Gibson? Reverend Gibson: Sure.I will make that as the motion and withdraw the original. Mr. Plummer: And Mr. Mayor, I would like to defer the actual setting of the salaries until the next meeting on the 26th and have the Manager furnish the Commission the longevity that each individual position that is stated here has been in that position. Rev. Gibson: Do we. have any problem with making these Chiefs the same figure? Mayor Ferre: I think that is what Commissioner Plummer wants to discuss at the next meeting taking into consideration longevity. My personal opinion is that you have got to be careful because you may have the Chief of Police and the Fire Department have certain responsibilities. Somebody else may not have quite that much responsibility and I think Mr. Reese and Mr. Yarger in their studies have taken that into account. I see they =.have also taken into account and I don't mean to be pointing anybody out here but I see the Asst. Planning Dept. Director is if you will notice, the 3rd notch in his scale rather than the 6th like most everybody else. I think it indicates his present salary of 15,480, he is moving up over $4,000 and I would imagine the administration figures that is enough of an increase for the time being so these things have all been - Rev. Gibson: Mr. Mayor, if I follow Mr. Reese's reasoning, he warned us not to deal with longevity because you said that when the Chief of Police that you presently have came here, he was Chief 2 other places and J. L. is concerned about how long these head people have been here and servicing this city so if you go Mr. Reese's route, you will have to equalize the salary accross the board, based on a man being a director or chief APR 191973 63 and forget about longevity. Mr. Reese: Mr. Mayor, may I make a suggestion that if this motion for deferral is acted on, that prior to the action you would consider that if it gets so you want to consider longevity, then make it a plus item but keep your basic salary - Mayor Ferre: That's really the way to do it. Mr. Reese: make it a plusitem rather than to build in something because what you are really doing is if I can take a minute to explain it to you, a man that has been here 13 years, the first several years hes been here, he has all of the knowledge, all of the training, all of the experience but the adaptation and the orientation to the community, he had to acquire, he had to get good understanding of it. From then on in, he was in a position, whoever it was to surpass anybody for like training some place else. When an individual is promoted from right within your ranks all the way up, he's grown into it but he is not bringing in any outside experience, he is solely thriving on the experience he had $ere plus the experience he has been exposed to and you have to evaluate this and this is where it becomes very knotty on your longevity question. Internally you can handle it, that's why I say, consider making it a plus item rather than to build it into your scale because this person has been here a long time. Rev. Gibson: In my consideration, you are not telling me that because a man comes up from the ranks, that disqualifies him from getting an increase are you? Mr. Reese : No, no, no, and I will reierate. A man who comes up through the ranks. His local training and his local exposure, you have already paid for because he has gro4r up through the ranks. The fellow you bring in, your trading for experience etc,, so both of them have had longevity. Rev. Gibson: When you go toa churchman in my profession, let me tell you this, you don't do it that way. Now, you can't tell me a man who comes up through the ranks, the one advantage he has, if he wasn't any good, you shouldn't have promoted him anyway so when he comes up through the ranks, he is as valuable as the man you bring in. Mr. Plummer: If not more. Rev. Gibson: If not more. That's the point I am making and based on what I heard you say, that's not the way you reason and I am saying - Mr. Reese: Please, don't play on words with me, lets get right down the middle. When a man comes up through the ranks, is acquiring his local know how and his experience right in the locality he is coming up through the ranks in. An individual you bring in has acquired his knowledge and his experience somewhere else and he is lacking the local knowledge. This is what you are giving for seniority. This is what your value is. Your local knowledge that he has acquired by being here and everybody is often willing to quote Harry Truman,"if you can't stand the heat don't stay in the kitchen" . He also has another favorite quote : "You can never tell anything about a man until you appoint him to a position", and watch him in the position. Rev. Gibson: I don't understand what you are saying. Are you. telling me, and I hope you aren't, that Mr, the Finance Director, Mr. Bailey, is the Finance Director which is in my book, comparab le to the Chief of Police, I don't care where you got the Chief of Police from, The point is Mr. Bailey is here and doing the job whether he came up through the ranks or whether he came on top of the ranks, the point I make, is Mr. Bailey is doing an efficient job and let me tell you what really makes me take an affirmative position. Any time you can go up to New York with those manhattan boys that run those banks there and they said that he knows what he is .. 64 APR 191973 doing. I want to reward him. That's why I'm taking a position and I am willing to follow you J.L., go ahead because I am going to be here arguing when I come back so I had better get educated before I get back here now. Mrs. Gordon:- I would like to make a clarification if I might Mr. Mayor with regard to the Assistant Planning Director - Mr. Plummer: Mrs. Gordon - Mrs. Gordon: I have to make this announcement and want to complete it if you don't mind. All right, as you all know, I want to make it now because a statement was made today and I want to clear it up right now. The Planning Department has been working time and a half to make ready for this Commission's consideration, the restructuring of the entire Planning and Zoning system. When that is accomplished, the work load will be a great deal increased if not doubled and the reason why I mention it now is because in consideration of where you are going to place these people on the'scale, keep in mind that they are not going to have the same jobs they had before. Mr. Plummer: Mr. Reese, so I don't misunderstand you when you speak of a plus item. Using the 2 particular people that I used before. The schedule is 33,700 for the Police Chief and 33,700 for the Fire Chief. Are you telling me that if in my mind, that I feel that because Chief Kenney has been here for 3 times the time of the Police Chief, a plus item is that we should give him $1,000 more? How are you proposing this plus item? Mr. Reese: I'm not proposing it. I only made a suggestion and I wouldn't put dollars on it or anything. If you go that route, I just say, will you consider making it a plus item. Thats all. Mayor Ferre: I think thats a very good suggestion. Is there any further discussion? We have amotion to defer. Mr. Plummer: To defer until the next meeting and the City Manager to furnish all of the CCmmissioners with longevity of all of the department heads and people in this pay plan and how long they have been in that position. Mayor Ferre: Mr. Plummer, I wonder if I could ask you to extend that motion and get a recommendation from the City Manager on the form of this bonus payment since we have been discussing it, we really haven't got specifics of it. It might be a percentage basis or it might be a point system, I don't know. Mr. Plummer: Fine, I will include it. Mayor Ferre: In other words, I don't think we can do this individually. I really think it has to be the same for everyone and it has to be fair. If a man's been 15 years or 2 years or 20 years. Mr. Plummer: So included in the motion. Mayor Ferre: I recognize this goes against the grain Mr. Reese. I am not saying that I am going to vote for it but I am just saying I think we ought to get a recommendation on how it would be done if we are going to go in that direction. Mr. Reese: I would like another thing clarified if I could and that is to ask the Commission what do they mean by longevity? Mr. Plummer: How many years of service. Mayor Ferre: Yes but do you mean years of service in the specific job or years of service with this City? Mr. Plummer: In that position. Rev. Gibson: Which? 65 APR 191973 • Mr, Plummer: As in the case of Mr. Garmire, I understand the answer would be 4 years. Mayor Ferre: Father Gibson, what he is saying specifically is that we accept what Mr. Yarger and what Mr. Reese are recommending. and that is that we pay on a scale based on this range as recommended by Mr. Reese specifically which takes into account, the job, the qualifications needed and the way that man is fulfilling that job. That's been taken care of in Mr. Reese's recommendations. In addition to that, Commissioner Plummer wants a point, percentage or some kind of an incentive or recognition factor for the number of years that the man has served in thitt particular job in this particular city. Rev. Gibson: Right, we're together. Mr. Reese: No consideration for the person, like you used Mr. Howard as an example, that if he wasn't in a comparable position I would have never been able to get him here. No consideration for that? Mayor Ferre: The consideration for that Mr. Reese is in your recommendations on the range. Mr. Reese: Not necessarily because this was not applied as I pointedout. Mr. Plummer: Mr. Reese, was I not the very one Sir that came to you and you were having trouble finding a city physician and told you at that time, I wanted to raise the pay so you could get a better qualified man and you said no, wait? Wasn't I the very one who did it? Mr. Reese: Yes sir, and I waited and I filled - That's getting off the question. The question is. Does a person get consideration for longevity only here performing a like duty or does he get consideration for performing like duties somewhere else? Mayor Ferre: Commissioner Plummer, my opinion is that in order to save time since this is a matter of policy and we have to determine it and I think there is a division here on the Commission, its my opinion that we ought to make a statement of policy right here because theres no.use Mr. Reese going through an awful lot of work if we are not going to adopt it and why put it off until next week when I think everybody here has heard the arguments and it is a question of making a decision. Mr. Plummer: The reason is, I didn't have this Sir, as you didn't have it until today and I had no time to study this thing - Mayor ferre: :I am talking about policy. Mr. Plummer: Policy, fine. Mayor Ferre: I am just asking, I am not saying anything at this point. The chair is just asking, wouldn't it be appropriate to make a ruling on policy because if this Commission agrees with your position on the longevity recognition, then that's a clear indication to Mr. Reese as to what he has to do. We have had some discrepency on this Commission on this point and the Commission rules the other way, then its clearcut. Why don't you make the motion? The motion already on the floor is a motion to withdraw. This would be a substitute to the motion? Mr. Rothstein: The maker of the motion to defer would have to withdraw his motion to defer because that takes precedence over any other motion. Mr. Plummer: I made the motion and I will withdraw the motion. Mrs. Gordon: Withdraw my second. Mayor Ferre: Now the floor is clear for a motion. 66 Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-290 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT ME FIXING OF SALARIES PROVIDED FOR IN THE EXECUTIVE PAY PLAN SUBMITTED BY YARGER AND ASSOCIATES, THE MATTER OF LONGEVITY BE TAKEN INTO CONSIDERATION AND EMPLOYEES BE GIVEN EXTRA. COMPENSATION BASED ON THE AMOUNT OF TIME THEY HAVE SPENT IN THE EMPLOY OF THE CITY OF MIAMI IN THE POSITIONS WHICH THEY ARE PRESENTLY OCCUPYING (Here follows body of resolution, omitted here and ,on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon, Mayor Ferre. NOES: Mr. Reboso. Mr. Reese: I would like to clarify something Canon Gibson might might have an erroneous impression. It was not my understanding and correct me if I am wrong, that the plus item would only become effective when you are at the top of the range. The top of the schedule that you adopted. Rev. Gibson: NO no. Mr. Reese: Whatever step you put the individual in, is the step that your plus item would be effective. Rev. Gibson: I understand that. I just want to make sure that these men whose names we called; I just used them as the jumping off point and any other person or position, you would do likewise if thats what, yes we are together, that was not an erroneous understanding. I was in full knowledge. Mr. Southern, City Clerk: Mr. Mayor and member s of the Commission. One more point of clarification. I am assuming that it is implicit in this motion that it will apply only to those who are listed in the so-called executive pay plan. Mayor Ferre: Correct and I think Manager Reese just made a clarification which is pretty basic to all of this so I think we understand it very clearly. Now we need a motion to defer. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-291 A RESOLUTION DEFERRING THE MATTER OF FIXING SALARIES FOR THE CITY EMPLOYEES LISTED IN THE EXECUTIVE PAY PLAN SUBMITTED BY YARGER AND ASSOCIATES UNTIL THE MEETING TO BE HELD ON APRIL 26, 1973, AND REQUESTING THE CITY MANAGER TO FURNISH THE COMMISSION THE RESP- ECTIVE LONGEVITY FIGURES OF EACH OF THESE EMPLOYEES IN THEIR PRESENT POSITIONS AND FURTHER REQUESTING THE CITY MANAGER TO FURNISH THE CITY COMMISSION AT THAT TIME WITH A SUGGESTED FORM IN WHICH THE COMM- ISSION MIGHT IMPLEMENT A COST-PLUS PROCEDURE 67 APR 19 �,. FOR CERTAIN OF THESE EMPLOYEES BASED ON THEIR LONGEVITY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 61, BIL AWARD - 38 CALIBER REVOLVERS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-292 A RESOLUTION ACCEPTING THE LOWEST AND BEST BID FROM SOUTHERN GUN DISTRIBUTORS, INC. FOR FUR- NISHING ONE HUNDRED (100) SMITH $ WESSON 38 ' CALIBER REVOLVERS FOR USE BY THE POLICE DEPART- MENT, AT A TOTAL COST OF $4,350.00 AND AUTHOR- IZING THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDEL FOR SAME (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 62, BID AWARD - SALE OF 195 CONFISCATED GUNS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-293 A RESOLUTION ACCEPTING THE BID RECEIVED IEBRUARY 21, 1973, OF CENTURY ARMS INC. , ItR THE SALE 0 F 195; HREARMS 0 F IARIOUS MAKES AND CALIBERS CON- HSCATED BY THE DEPARTMENT 0 F POLICE 0 F THE CITY OFMIAMI AT A TOTAL SALES PRICE OF $1,553.32 SUBJECT TO THE CONDITION THAT SAID H REARM S BE DISPOSED 0 F OUTSIDE THE LIMITS 0 F THE WITED STATES AND PROVIDING THAT SATIS FACTORY PROOF 0 F THE INTENTION AND ABILITY TO BJL FILL THE AIORESAID CONDITION SHALL BE FURNISHED TO THE CITY MANAGER PRIOR TO THE DELIVERY OF SAID FIREARMS 68 APR 191973 • (Here follows body of resolution, omitted here and on file in the City Clerks Office_) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 63, The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-294 A RESOLUTION ACCEPTING THE BID OF ROSAN ENTER= PRISES RECEIVED ON MARCH 26, 1973, FOR FURNISHING AMMUNITION RELOADING EQUIPMENT AND PRIMER TUBE FILLER FOR USE BY THE POLICE DEPARTMENT AT A TOTAL COST OF $5,385.00 AND AUTHORIZING AND DIR- ECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded; by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 64, BID AWARD - CAMERAS AND ACCESSORIES The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-295 A RESOLUTION ACCEPTING THE BID RECEIVED MARCH 20, 1973, of TRECK PHOTOGRAPHIC, INC., FOR FURNISHING CAMERAS AND ACCESSORIES FOR USE BY THE POLICE DEPARTMENT AT A TOTAL COST OF $3,048.85; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR, AFTER FIRST DETERMINING THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 69 APR 191973 65. BID AWARD - CHEMICALS FOR SANITATION DEPT. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-296 A RESOLUTION ACCEPTING THE BIDS RECEIVED FOR FURNISHING AND DELIVERING CHEMICALS FOR USE BY THE SANITATION DEPARTMENT; AS REQUIRED, FROM APRIL 1, 1973 TO MARCH 31, 1974, SAID AWARDS BEING MADE UPON THE LOWEST AND BEST BID AMOUNTS AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER FROM TIME TO TIME AFTER FIRST DETERMINING THAT FUNDS ARE AVAILABLE THEREFOR (Here follows body of resolution,. omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 66, BID AWARD - BASE RADIO STATIONS & MISC. ELECTRONIC EQUIPMENT The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-297 A RESOLUTION ACCEPTING THE LOWEST AND BEST 3ID AS RECEIVED FROM GENERAL ELECTRIC COMPANY FOR FURNISHING TWO BASE RADIO STATIONS FOR $7,677.00 AND ONE REMOTE CONTROL CONSOLE FOR $455.00 AND ACCEPTING THE LOWEST AND BEST BID AS RECEIVED FROM MOTOROLA, INC., FOR ONE COMPARATOR UNIT FOR $2,480.00; SEV3N RECEIVER -ENCODER UNIT FOR $10,465.00; FOUR POWER REVERTING PANELS AND BATTERIES FOR $720.00; TWO FILTERS FOR $250.00; ONE FILTER FOR.$130.00; AND ONE RECEIVER MULTI - COUPLER FOR $750.00, FOR A COMBINED TOTAL COST OF $22,927.00, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION OF THE CITY , OF MIAMI TO ISSUE A PURCHASE ORDER FOR SAME (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES : Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre.. NOES: None 70 APR 191973 67, The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-298 A RESOLUTION ACCEPTING THE BID RECEIVED APRIL 2, 1973, OF YELL FOR PENNELL PLUMBING CO., FOR FURNISHING PLUMBING ADDITIONS TO THE MUNICIPAL JUSTICE BUILDING FOR A PRISONER HOLDING FACILITY AT A TOTAL COST OF $2,240.00 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE A PURCHASE ORDER TO BE ISSUED THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) . Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso: Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 68, BID AWARD - MUNICIPAL SHOPS & INCINERATOR PARKING LOT FENCING The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-299 A RESOLUTION hWARDING THE BID RECEIVED APRIL 17, 1973, OF ANCHQR POST PRODUCTS INC., OF FLORIDA, IN THE ESTIMATED AMOUNT OF $6,184 FOR THE MUNICIPAL SHOPS; ALLOCATING THE AMOUNT OF $6,184 FROM THE ACCOUNT ENTITLED ".CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded 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 71 APR 191973 • 1 69, CONDEMNATION - PROPERTY FOR .XPANSION OF DINNER KEY MARINA The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-300 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, DETERMINING AND FINDING THE NECESSITY FOR A PUBLIC PURPOSE IN ORDER TO PROVIDE FOR ADDITIONAL PARK FACILITIES FOR THE EXPANSION OF DINNER KEY MARINA, TO ACQUIRE BY CONDEMNATION OR OTHERWISE THE FEE SIMPLE TITLE TO CERTAIN LANDS DESIGNATED HEREIN AND DIRECT- ING THE DEPARTMENT OF LAW OF THE CITY OF MIAMI TO INSTITUTE AND PROSECUTE TO A CONCULSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF THE DECLARATION OF TAKING AND THE POSTING OF THE NECESSARY BOND (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 70, PARTIAL FINAL ORDER-FRANKLIN COHEN ET AL VS.CITY OF MIAMI The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-301 A RESOLUTION AGREEING TO THE ENTRY OF A PARTIAL FINAL ORDER IN THE UNITED STATES DISTRICT COURT CASE FRANKLIN COHEN, ET AL. VS. CITY OF MIAMI, ET AL., #71-1887, DISPOSING OF ALL ISSUES IN THE CASE EXCEPT FOR THE ISSUES OF PROMOTION AND BACK PAY INCIDENT THERETO (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Rothstein: As you may recall that there was a class suit filed on behalf of black officers against the City with reference to past actions and activities and all of the matters have been resolved except for the individual issues of promotion and back pay and this order which the court is prepared to enter will allow any individual in the class who desires to take the issue to court. 72 APR 191973 71, • -N MI�MI �VI-_3Z ISIH \IKFl I Mr. Reese: Mr. Mayor, the City Commission previously on March 22nd, its number is 73-216, a resolution declaring the policy of the Commission that the former fire station building at North Miami Avenue and 14th Street, be permitted to be used by the Archdiocese of Miami as a drug rehabilitation center conditioned upon said structure having been found to be habitable and conditioned further upon the fact that the expenses of the necessary improvement is to be made to structure be born by the applicant. This was, this structure has been reviewed. In the meanwhile, there has been a request made by the county, that the county would like to rent that building for a dollar a year and use it for a rehabilitation program embracing job training and work furlough program that has been initiated basically out at the stockade and is now moving into certain parts of the community. The geographical location of this station makes it very acceptable as a location and the county of course would have to put the building in said necessary shape and condition. Mrs. Gordon: Isn't it a customary procedure that when one public body controls certain properties and finds that it is surplus, that first priority is generally offered to another public body. Mr. Reese: Yes, another governmental agency usually and this practice has been followed in the city and also in other juris- dictions as far as making property available. Mrs. Gordon: Isn't that the reason we received the boxing gym as a similar surplus item that we received? Mr. Reese: It was a piece of surplus property but originally we got a commitment, I got a commitment from the Coast Guard Admiral who is now deceased that the city would have first refusal on that property and that was on file in Washington and on three different occasions they endeavordd to declare it surplus but each and every time, this :memorandum prevailed and this is how it was made available. Mrs. Gordon: That's how we got it, because of the public governmental body. There were other bidder: I understood that really wanted it. Mr. Reese: THE school board wanted it and also the county wanted as well as other people that were not interested in it from the idea of being a governmental agent. Mrs. Gordon: Well what do we have to do? Mr. Reese: I am asking you to reconsider your resolution because its possible to answer the county if we are going to make it available to them or not. This is ex -no. 2 fire station, constructed in 1925. Mayor Ferre: Any further discussion or questions to be asked? Mr. Plummer: As I recall, we made that policy that it would be going to Dr. Sheppard. I really hate to go back on my word but I have to live up to my obligation to the County and to the citizens first. In the thinking that this in fact should go to the county first even though they didn't ask first, do we have an alternative to offer Dr. Sheppard for some time of a facility? Mr. Reese: I don't know of an alternative and this wasn't to Dr. Sheppard, this was to the Archdiocese. Mr. Plummer: Well I am sorry, he was the man here representing the Archdiocese. 73 APR 191973 Mayor Ferre: The archdiocese wants to use this is a half -way type of thing, is that the purpose? Mr. Reese: For drug rehabilitation. Mr. Plummer: That was the original proposal. Now the county is asking for it, correct? Mr. Reese: That's right. Mr. Plummer: This Commission at the last meeting went on a resolution giving it to the Archdiocese as a half -way house. Now Mr. Reese has had a request from the county for the same facility for a like purpose. Now what he is asking for us to vote upon here today is to rescind the motion giving it to the archdiocese and giving it to the county. Mrs. Gordon: Can we give it to aprivate group even the archdiocese? Mr. Plummer: We have already given it to a private group, he is asking us to rescind that. That's why I asked in fairness, was there a like facility that we could not turn around to Dr. Sheppard or the Archdiocese and say we must first live up to our commitment •to the County but we would like to offer you this alternative place. Am I right Mr. Reese? Mr. Reese: That's what you are saying, is offering an alternativ e but we don't have an alternative. This is the only building in Rthislocation. Mr. Plummer: Am I being factual in that first it was given by this Commission to the archdiocese if they could meet the qualifications? And now the second request is by the county? Mr. Reese read the resolution again. Mrs. Gordon: Did we set any period of time or other conditions? Mr. Reese: Other than the Manager was supposed tocreport back on the condition of it and my opinion after the building inspector went through this, it would be very expensive for the archdiocese people to bring this up to standard. the outside walls and the roof are all right but the inside, electrical to the dormitories and back down again, needs to be completely rebuilt and redone and I don't think it would be economically sound for them to assume this and bring it up to that condition. Mrs. Gordon: What aboutthe county, wouldn't they have to do the same thing? Mr. Reese: The county is in a much better position, I assume then the archdiocese. Mr. Plummer: Mr. Mayor, in all fairness, I think we should have Dr. Sheppard before this Commission and explain to him the dilemma that we are in. Mayor Ferre: Why don't we do that because I would like to know more about it before I vote on it or if you would rather vote without me. I think we could ask Dr. Sheppard down here to discuss this and perhaps someone from the county to explain to us what they want to use it for. Mrs. Gordon: Lets bring them both down and defer this matter. 74 72, SEPARATION OF POLICE AND FIRE PENSION SYSTEM FROM THE GENERAL EMPLOYEES PENSION PLAN - PROPOSAL AND DISCUSSION Mr. Robert Paulk appeared to outline a request as stated above to the Commission: Mr. Paulk: I appear before you today as the elected representative to the retirement board from the Police and Fire Dept. We request your consideration for a separation of police and fire from the balance of people in the retirement system, separating into police and fire becoming an entity in its own and permitting the general employees sector to become an entity within their own section within the retirement system, thereby establishing two different retirement systems. Mayor Ferre: I am not going to vote on anything this complicated without having read it. Mr. Paulk: Mr. Mayor, I neglected to say that I have just given you a copy of the report and I realize certainly, the police and fire organization representative likewise realize that you have not had an opportunity to review this. We do not expect you to do anything more than to listen to us today and ask you to embark upon setting up a committee to proceed with undertaking an approach in separating police and fire from the other employees by setting up 2 distinct retirement systems. We feel that there is merit in it, this is not a new consideraticn by the actuaries that have been representing the city of miami retirement system for the past number of years. The subject has been touched cin many many times. The most recent study that you have before you is one that was requested by the police and fire and wa.s funded by them by their engaging, Kruse, O'Connor and Ling to explore this possibility and come back with further recommendations on that subject but its been probably the first time it was touched upon was in 1967, the police and fire, have taken action to adopt this theory by a referendum vote in the fire dept. and they subscribed to this concept 97% by way of referendum. The police department subscribes to it, they have not as yet had a referendum but they have adopted the philospphy at a general meeting in which all of their membership was in unity in unanimous agreement with separating into two different systems. We feel it does have merit in accomplishing this, it is intended that there would be an employee dominated retirement board to handle through knowledge, an acknowledgment of the existing problems that exist, feeling they are more award of the problems and not disregarding a citizen appointee on any retirement board, ability to comprehend problems as they are related to them but acknowledging that problems do exist, such as disability retirements, the employees feel that they could better handle these situations and as a peer group prospect, set up something that is more tolerant to the employees who would be compelled to follow the directions set up under a retirement system such as we are now asking you to do. By the same token, it is the suggestion that in a period of time, the employees would likewise be having a heavier hand in the investment techniques and in the selection of the investment counselor and not at this moment, obviously it cannot be done. The Police and fire organizations have indicated to me that they are quite willing to proceed with the next mechanics of going ahead and selecting the investment counselors as has been undertaken at this moment by the investment committee of the retirement system and they do not wish to interfere with that process at this moment but in designing a retirement system, separated for the 2 different factions, the general employees and the police and fire, I know that police and fire do want a heavier hand in the overall development of benefits, recognizing that they do contribute quite heavily to the retirement system, they feel they have a tremendous hand at stake in guiding their destiny insofar as their investment in the retirement system. I am certain that probably the general employees would feel the same. Their problems are not always the same as police and fire. Police and fire generally are more career orientated because they come in at an earlier age and due to the physical demands on that type of occupation, earlier retirement is generally expected, not only in Miami but in other communities that likewise hire police and fire and likewise in the state retirement system. APR 191973 75 People who are in the high hazard risk area do have earlier retirement benefits so it is reasonable to assume that there is a very distinct difference between the 2 types of employees and as a result, we do feel that we would like to separate and set up 2 retirement systems with total new elements of sharing out the mechanics of that and we would request that you would set up a committee to embark upon exploring the various approaches in setting up retirement boards for the 2 agencies. There are several recommended and suggested here that you could embark upon. In a committee to carry this out, it would be suggested that police and fire have a representative on such a committee, that general employees likewise should have their representative and certainly would involve them as well and that the Commission should likewise have representation on a committee to set up the machinery to be considered as an amendmentto the overall ordinance. I think that would just about cover it. Mrs. Gordon: Bob, a target date a thing like this to take place if the present recommendations are adopted, it would then place it then in the future, at least 3 years because as I understand it, the new money management contract would be a minimum of 3=5 years. Mr. Paulk: I think you could devise a method of going ahead and accomplishing the separation identifying the assets as to one group and the other group and acknowledging in the selection of an investment counselor that that would be for the necessary period if selected and would not be subject to change in the new 2 different groups so you could proceed with the mechanice of separation and hold off the change of investment counselors; as a matter of fact, they might be perfectly satisfied with whoever is selected in the process but certainly it would be incorporated with any immediate change of the ordinance and separating it, it would be honored under conditions of selecting the counselor until such time as the necessary time, I believe in the criteria we developed in the investment committee, we suggested 3 years would be the time an investment counselor .should be given to determine whether his performance is suitable or not. Mrs. Gordon: You are talking about the split taking place before the money manager is selected not necessarily that you will select the money managers but that the funds be placed in different manage- ments- Mr. Paulk: Identified, identified, not necessarily separated perse but identified by way of separation so that ultimately it definitely would be and that of course in the interim period, I don't believe it would be possible prior to the selection of investment counselors that this could become a reality. There is too much work that really must be done and I think its going to be quite an undertaking by a very serious group of people who would serve on such a committee to set up the mechanics of separation. I don't think its something that could be done in 60 days, no indeed, I think it would have to take a great deal of study. Mrs. Gordon: 6 m cnths to a year. M r. Paulk: I think so, at least 6 months before you could come up with something suitable to all participants including the Commission, General Employees, Police and Fire and Administration, the City Manager Finance Director, etc. It couldn't be worked out real quick but we would ask that you pass a resolution to set up a committee to see how it could be worked out and project a target date for consideration. Mrs. Gordon: I would ask Mr. Mayor if its agreeable with you that we set up such a committee to study the situation and then determine the feasability of proceeding in this direction. 76 APR 191973 • Mayor Ferre: I only have one comment and that is I feel the administration should be represented. Mr. Paulk: No objection, a welcome representative to be placed on there whether from the Manager, Finance Director or Retirement Board itself. Mayor Ferre: This is not a question of an extra vote, I think its a question of discussion. I am sure the committee would welcome anybody who would help with the deliberations. Mr. Paulk: We would likewise need assistance from the law department in working this up. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-302 A RESOLUTION CREATING A COMMITTEE TO STUDY THE MATTER OF SEPARATING THE POLICE AND FIRE PENSION SYSTEM FROM THE GENERAL EMPLOYEES PENSION PLAN, SAID COMMITTEE TO CONSIST OF COMMISSIONERS ROSE GORDON AND J. L. PLUMMER JR., THE CITY MANAGER. THE DIRECTOR OF FINANCE AND ONE REPRESENTATIVE EACH TO BE SELECTED BY POLICE DEPARTMENT, EMPLOYEES, FIRE DEPARTMENT EMPLOYEES AND THE GENERAL EMPLOYEES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 73, INVESTIGATION OF ABUSES ALLEGED TO RETIREMENT SYSTEM -PROVIDING FUNDS Mrs. Reese: Mr. Mayor, we have been investigating the people who are out on retirement, especially disability retirement and it's been going on the past several months. This was brought about by some of the abuses that were brought to the attention of some of the Commissioners as well as members of the Pension Board, over the years. It is getting very difficult to get into certain cases and find out what type of employment these people are working at. Some of the individuals who left the city; it was determined they were not suitable for performing the duties in the city, went on the outside and hired out to perform similar duties. In order to assist us in making this investigation, I would ask the City Commission for the authority to take $1,350. out of the contingency fund and set it up in an account where it would be possible to use the Retail Credit Co., service to do a background or a check on these people to find out where they are working and what they are doing. The majority of them are in the general Miami area and some of them are located outside of the area. The type of claim or investigation would be very similar to what they do on an insurance claim or health claim. They have a question to raise on continuous disability, the type of claim that would cause an investigation to bring about and the other one is a lay progress report and we are very concerned about getting this information so we are in a position to be knowledgable about what these people are doing. Mr. Plummer: Mr. Reese, I was one of the ones that found out about this thing and thought that the City, the employees themselves were the ones catching the abuse. 77 APR 191973 As long. as this is not a selective type of thing but a broad covering type of investigation, I am all in favor ofit. Mr. Reese: It goes from 120 to 135 people. The only selection would be the individuals who are abeoa.utely in bed and physically unable to do anything. They would be excluded. Mr. Plummer: For the edification of the Commission. Mr. Reese is telling you that many people who have claimed disability from this city, have gone before a medical board and got better than 2/3 compensation and have gone out to the outside and got a job and are doing the same they did with this city drawing the compensation plus the fact that they got back in a lump sum, all they paid into the pension system. That there are in fact, a great number of abuses being perpetrated upon this pension fund and he is asking us for the right to investigate these people, what they in fact are doing on the outside and if in fact, they are entitled to a pension and I have said this for along time that this is wrong and it is something that should be stopped and I am in favor,if Mr. Reese wants 1300 to investigate, I am all in favor of it. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-303 A RESOLUTION TRANSFERRING THE SUM OF $1,350.00 FROM THE CONTINGENCY FUND TO THE PROPER ACCOUNT TO ENABLE THE CITY MANAGER TO CONTINUE WITH AN INVESTIGATION OF ALLEGED ABUSES TO THE RETIREMENT SYSTEM BY CERTAIN FORMER CITY EMPLOYEES PRESENTLY RETIRED ON DISABILITY PENSION (Here follows body of resociution, omitted here and on file in the City Clerks Office) Upon being seconded 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 ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE OMMISSION, THE MEETING WAS ADJOURNED AT: 5:30 O'CLOCK P.M. THIS DATE. ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 78 MAUMARIY�� FERRE ITEM NO. cr,i OF MtAM1 DOCUMENT MEETINDEX- IGDAfE DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION CODE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 COMMISSION AGENDA & CITY CLERK REPORT (54 pages) SANITARY SEWER IMPROVEMENT SR-52-75-C (CENTERLINE SEWER) ORDERING TRACY SANITARY SEWER IMPROVEMENT SR-5275-S (SIDELINE SEWER) INTERCOUNTY CONSTRUCTION CORPORATION-MUSA ISLE SANITARY SEWER IMPROVEMENT SR-5308-C ACCEPT COMPLETED WORK OF HOLLAND PAVING CO FOR THE WESTERN DRAINAGE PROJECT E-26 ACCEPT PLAT ENTITLED "LEAR SUBDIVISION" - A SUBDIVISION IN THE CITY OF MIAMI AUTHORIZE FEDERAL AVIATION ADMINISTRATION PERMI^ TO INSTALL NEW ILS OUTER MARKER POLES NORTH MIAMI AVENUE DENYING CERTAIN CLAIMS -CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR RECOVERY DAMAGES ARISING OF SAID CLAIMS CLAIM SETTLEMENT-JOSEPH HARRIS AND JOAN HARRIS CLAIM SETTLEMENT-JERRY LEWIS CLAIM SETTLEMENT-LOVETT KING CLAIM SETTLEMENT-STANLEY R. AVERY MODIFICATIONS MUNICIPAL JUSTICE BUILDING - TO PROVIDE PRISONER HOLDING FACILITIES ACCEPT COMPLETED WORK-FLORIDA UNDERGROUND UTILITIES INC.-CONSTRUCTION CRISTAL STORM SEWER PROJECT ACCEPT COMPLETED WORK OF C.A. DAVIS INC- CONSTRUCTION MOORE PARK -TENNIS CENTER AUTHORIZE CONTRACT-TOUCHE ROSS & CO.AUDIT FINANCIAL ACCOUNTS CITY OF MIAMI GRANT FREE USE-BAYFRONT PARK AUDITORIUM - INTERNATIONAL FOLK FESTIVAL GRANT FREE USE -MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI REQUEST EDWARD STONE JR. & ASSOCIATES SITE BI-CENTENNIAL PARK R-73-238 R-73-239 R-73-240 R-73-241 R-73-242 R-73-243 R-73-244 R-73-245 R-73-246 R-73-247 R-73-248 R-73-249 R-73-250 R-73-251 R-73-253 R-73-254 R-73-255 R-73-258 0074 73-238 73-239 73-240 73-241 73-242 73-243 73-244 73-245 73-246 73-247 73-248 73-249 73-250 73-251 73-253 73-254 73-255 73-258 UM IEN TEN DE; CONTINUE ITEM NO.I DOCUMENT IDENTIFICATION 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 12 43 AGREEMENT WITH BOOZ-ALLEN & HAMILTON INC.- "COMPREHENSIVE MANAGEMENT SYSTEM STUDY ACCEPT BID-L.C. MORRIS,INC.CONSTRUCTION OF REID ACRES HIGHWAY IMPROVEMENT ACCEPT BID-HOLLAND PAVING CO INC.-CONSTRUCTION DRAINAGE PROJECT A-3 ACCEPT BID -CRIMINAL RESEARCH PRODUCTS,INC.-FOR FURNISHING FIVE CRIME SCENE SEARCH KITS ACCEPT BID -LEE OFFSET COMPANY -COLOR BROCHURES FOR USE BY THE PUBLICITY DEPARTMENT ACCEPT BID-JOHN OLON-PISTOL BULLETS FOR USE BY THE DEPARTMENT OF POLICE ACCEPT BID -BELL & HOWELL BUSINESS EQUIPMENT GROJP FOR ROTARY MICROFILMER-•POLICE DEPARTMENT ACCEPT BID-FOTOMARx,INC. FOR FURNISHING ASSORTED PHOTOGRAPHIC EQUIP:'.ENT RESCINDING RESOLUTION NO.73-215-?REE USE OF THE MIAMI MARINE STADIUM BY EASTER 5'HNRIE cERVIC AMENDING ORDERING RESOLUTION NO.73-96- VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 DISCONTINUING FOR PUBLIC USE N.E. 1ST PLACE FROM N.E. 79TH STREET TO N.E. 80TH TERRACE CONDITIONAL USE -"DRIVE IN TELLER"-175 N.E. 79TH STREET -"LITTLE RIVER CENTER" VARIANCE -CONSTRUCTION "LITTLE RIVER CENTER" 175 N.E. 79TH STREET VARIANCE-CONSTRUCTION-1021 N.W. 27TH COURT CONDITIONAL USE-CONSTRUCTION-1061 N.W. 35TH AVE CONDITIONAL USE-CONSTRUCTION-1571 N.W. 68TH TEF VARIANCE-CONSTRUCTION-1571 N.W. 68TH TERRACE VARIANCE-REPLATTING- 115 N.W. 74TH STREET CONDITIONAL USE -DAY NURSERY- 255 N.W. 52ND ST. CONDITIONAL USE-CONSTRUCTION-3180 BIRD AVENUE ADVERTISEMENT -PROJECT No.13-110940.aPORT OF MIAMI GRANT PERMISSION -BICENTENNIAL PARK-BISCAYNE BOULEVARD BETWEEN N.E. 9TH ST. AND 11TH TERR. LATIN AMERICAN LEGAL SERVICES FOR FEDERAL REVENUE SHARING FUNDS MAYOR'S COMMITTEE EXTENDING CONTRACT -CITY OF MIAMI AND H.LESLIE QUIGG-SERVICES YACHT DOCKS COORDINATOR 4 PAGE # 2 COMMISiIn RETRIEVAL ACTION CODE NO._ R-73-259 R-73-260 R-73-261 R-73-262 R-73-263 R-73-264 R-73-265 R-73-266 R-73-268 R-73-270 R-73-271 R-73-272 R-73-273 R-73-274 . R-73-275 R. R-73-276 R-73-277 R-73-278 R-73-279 R-73-280 R-7 3-2 81 R-7 3-2 82 R-7 3-2 85 73-,259 - 73-260 73-261 73-262 73-263 73-264 73-265 73-266 73-268 73-270 73-271 73-272 73-273 73-274 73-275 73-276 73-277 73-278 73-279 73-280 0075 73-281 73-282 73-285 ITEM NO. 44 i 45 46 47 48 49 50 51 52 53 54 55 1.IENT+NDE; UE�GEY COF$4I ION TRIEVAL DOCUMENT IDENTIFICATION ACTION CODE. N0.___ 'RAMPS INSTALLED AT VOTING PRECINCTS TO ACCOMMODATE HANDICAPPED PERSONS ACCEPT BID -SOUTHERN GUN DISTRIBUTORS FOR FURNISHING REVOLVERS FOR POLICE DEPARTMENT ACCEPT BID -CENTURY ARMS,INC.-SALE FIREARMS CONFISCATED BY POLICE DEPARTMENT ACCEPT BID -FOR FURNISHING AMMUNITION AND PRIMER TUBE FILLER FOR POLICE DEPARTMENT ACCEPT BID-TRECK PHOTOGRAPHIC,INC.-CAMERAS AND ACCESSORIES -POLICE DEPARTMENT ACCEPT BID -CHEMICALS FOR USE BY THE SANITATION DEPARTMENT ACCEPT BID -GENERAL ELECTRIC COMPANY & MOTOROLA INC.-RADIO STATION- R-73-287 R-73-292 R-73-293 R-73-294 R-73-295 R-73-296 R-73-297 ACCEPT BID-PENNELL PLUMBING CO. -PLUMBING ADDITIONS FOR THE MUNICIPAL JUSTICE BUILDING R-73-298 ACCEPT BID -ANCHOR POST PRODUCTS INC. FOR THE MUNICIPAL SHOPS PARK FACILITIES FOR THE EXPANSION OF DINNER KEY MARINA UNITED STATES DISTRICT COURT CASE: FRANKLIN COHEN,ET AL. VS. CITY OF MIAMI ET AL TRANSFERRING SUM $1,350.00 FROM CONTINGENCY FUND TO PROPER ACCOUNT -ABUSES RETIREMENT SYSTEM R-73-299 R-73-300 R-73-301 R-73-303 73-287 73-292 73-293 73-294 73-295 73-296 73-297 73-298 73-299 73-300 73-301 73-303 i