HomeMy WebLinkAboutCC 1973-05-03 Minutes0
CITY OF MIAZVII
SPECIAL
COMMISSION
MINUTES
OF MEETING HELD ON MAY 3 - 1973
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
ITEM NO,
SUBJECT
INANCE ORsOLUTION NO, PAGE NO,
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RE -NAME COCONUT GROVE BAYFRONT PARK TO
"PEACOCK" PARK
AMEND ORD. 8099 TO IMPLEMENT EXECUTIVE PAY
PLAN
EMPLOY DR. LAWRENCE A. TOTO AS CITY
PHYSICIAN
DISCUSSION ITEM:FORM MAYOR'S COMMITTEE TO
STUDY TRANSFER OF PARKS TO METRO
Res. 73-347
Ord. 8159
Res. 73-348
Discussion
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MINUTES OF SPECIAL MEETING
CITY COMMISSION OF MIAMI, FLORIDA
MAY 3, 1973
On the 3rd day of May, 1973, the City Commission of Miami,
Florida, met at its regular meeting place at City Hall in said
city in special session pursuant to City Commission Resolution No.
73-304, passed and adopted on April 26, 1973. The meeting was
called to order at 9:05 o'clock A.M. by Mayor Maurice Ferre, and
the following members of the Commission were present: Mrs. Gordon,
Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. Absent:
None.
The Mayor announced that this was a special meeting called
for the purpose of conducting an advertised public hearing on the
matter of changing the name of Coconut Grove Bayfront Park to that
of Coconut Grove Peacock Park.
Mr. Joseph Harrison, representing the Boards of Directors
of the Coconut Grove Association, the Coconut Grove Civic Club, and
the Coconut Grove Chamber of Commerce, appeared and read the following
resolution:
Whereas, Coconut Grove Bayfront Park is the exact site of
the Peacock Inn (Bay View House) which was opened by Charles and
Isabella Peacock in 1883 and became the first hotel on the South
Florida Mainland;
Whereas, Coconut Grove Bayfront Park is the exact site of
the first store (Charles Peacock and Son), Voting Precinct, post
office and public dock in Coconut Grove;
Whereas, The Peacock Inn became the gathering place for all
occasions and the spawning ground for the development of the Coconut
Grove Community, including the organization of the school (1887),
Sunday School (1887), Church (1891), Women's Club (1891) and Yacht
Club (1887);
Whereas, Isabella Peacock was fondly known as"the mother of
Coconut Grove" and "the nucleus that gave soul to the settlement;"
Whereas, Charles Peacock Served the community and Dade County
in several official capacities which included County Commissioner,
Justice of the Peace and Postmaster;
Whereas, Coconut Grove is celebrating the 100th Anniversary
of the founding of the Coconut Grove Post Office (January 6, 1873)
with a ceremony in the Coconut Grove Bayfront Park on May 6, 1973;
The Boards of Directors of the Coconut Grove Association,
the Coconut Grove Civic Club, and the Coconut Grove Chamber of
Commerce respectfully request that the Mayor and Commission of the
City of Miami honor Charles and Isabella Peacock and make the entire
Miami community aware of the importance of the Peacock Inn in the
development of Coconut Grove, and the importance of Coconut Grove in
the development of Miami, by changing the name of Coconut Grove
Bayfront Park to Coconut Grove Peacock Park.
No one appeared in opposition to the proposed change in name
for this park.
At the suggestion of the City Manager it was agreed that
only the portion of the park south of McFarlane Road would be in-
cluded in this name change.
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Thereupon the following resolution was introduced by Mrs.
Gordon, who moved its adoption:
RESOLUTION NO, 73-347
A RESOLUTION RE -NAMING THAT PORTION
OF COCONUT GROVE BAYFRONT PARK LYING
SOUTH OF MC FARLANE ROAD COCONUT GROVE
PEACOCK PARK
ESE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
That the portion of Coconut Grove Bayfront Park lying
south of McFarlane Road be, and it is, hereby renamed Coconut
Grove Peacock Park.
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
CITY ATTORNEY - STATEMENT CONCERNING SALARY INCREASE:
Alan Rothstein, City Attorney, made the following state-
ment;
Mr. Mayor, Members of the Commission, I have a short
statement I would like to read into the record at today's meeting,
if I may.
Last week this Commission showed its confidence in me as its
attorney by voting to adjust my salary upward. I deeply and sin-
cerely appreciate this tangible proof of your recognition and
support of the work done by me on behalf of the people of Miami.
At the present I am in the process of researching the law
and preparing an option on the question of the legality of the pay
adjustment granted for all City Employees except the City Commis-
sion. This opinion will be ready and presented to you at next
weeWs Commission meeting.
As your City Attorney, on a personal basis of ethics and
morals, I feel I must be in a position to reach a legal opinion
which will not have any effect on my own personal salary, so
that in the event of a legal test no question can be raised as to
the objectivity and impartiality of my legal opinion. With this
consideration in mind, I would like to announce that I will not
accept the salary adjustment which you granted to me; I will not
implement administratively the increase, and I will continue at
my prior salary rate.
Again, let me say that I am grateful for your expression
of confidence and please know that I shall continue to serve you
and the people of Miami to the best of my professional ability.
The City Attorney suggested that an ordinance should be
adopted by the Commission to correct Ordinance No. 8158 so as
to delete the appropriation for the City Attorney's salary
increase; whereupon an ordinance entitled -
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AN ORDINANCE AMENDING ORDINANCE NO. 8099
(SEPTEMBER 26, 1972,)THE APPROPRIATIONS ORDINANCE
FOR THE CITY OF MIAMI FOR THE 1972-1973 FISCAL
YEAR, SO AS TO INCLUDE $117,417.30 RECEIVED FROM
FEDERAL REVENUE SHARING FUNDS UNDER PUBLIC LAW
92-512 STATE AND LOCAL FISCAL ASSISTANCE ACT OF
1972, AND TO APPROPRIATE SAID $117,417.30 TO THE
PROPER SALARY ACCOUNTS OF THE CITY OF MIAMI TO
IMPLEMENT THE EXECUTIVE PAY PLAN ADOPTED BY THE
CITY COMMISSION OF THE CITY OF MIAMI ON APRIL 26,
1973, AND TO PROVIDE FUNDS FOR THE SALARIES OF THE
OFFICERS OF THE CITY OF MIAMI AS DESIGNATED IN ORDI-
NANCE NO. 8157, ACCORDING TO THE PROVISIONS OF
RESOLUTION NO. 73-235, PASSED AND ADOPTED MARCH 22,
1973; DECLARING THIS ORDINANCE TO BE AN EMERGENCY
MEASURE; DISPENSING WITH THE REQUIREMENTS OF
READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION; REPEALING ALL LAWS OR PARTS OF LAWS
IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY
CLAUSE
was introduced by Mr. Plummer and seconded by Reverend Gibson for
adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by
the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr.
Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Whereupon
the Commission, on motion of Mr. Plummer, seconded by Reverend
Gibson, adopted said ordinance on its second and final reading by
the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr.
Plummer, Mr. Reboso and Mayor Ferre. NOES: None. And said
ordinance was designated Ordinance No. 8159.
CITY PHYSICIAN - EMPLOYING DR. LAWRENCE A. TOTO:
Upon the recommendation of the City Manager, the following
resolution was introduced by Mr. Plummer, who moved its adoption:
RESOLUTION NO. 73-348
A RESOLUTION CONFIRMING THE ACTION OF
THE CITY MANAGER IN HIRING DR. LAWRENCE
A. TOTO TO SERVE IN THE CAPACITY OF CITY
PHYSICIAN
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote - AYES: Reverend Gibson,
Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
MAYOR'S COMMITTEE - TRANSFER OF PARKS TO METRO:
Mayor Ferre made the following statement:
Let me bring out a little pocket item here. Back in
March Mayor Kennedy appointed a committee to study the turning
over the operations and responsibilities of the City of Miami
Parks and Recreational areas to Metropolitan Dade County. At
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that time he appointed Mr. Harry Hood Basset as Chairman of
that committee. Since then Mr. Basset has told us that he
could not accept that Chairmanship; and therefore, as Mayor,
since this is a Mayor's Committee, I am going to appoint Mr.
Mr. Walter Etling as Chairman of that Committee and add to the
committee the names of Mr. Carlos Arbolea, Mr. Bill Colson,
and Senator Robert Graham. Now, let's make sure we understand
what this is all about. The Mayor recommended that a committee
be established to study the transfer of these parks. That in
no way commits the City, or anybody else to this transfer. It's
just a question of a study being made. Since both the County
and the City budget will be made within the next two or three
months, or is in the process of being made, I feel that if this
committee is going to function, they had better get going and
come back to the City of Miami before budget time so that this
matter can be either moved forward or laid to rest, one way or
the other; and therefore, I --
Mrs. Gordon: Mr. Mayor, how many other persons are
serving on that committee besides the four you mentioned?
Mayor Ferre: The committee as appointed by Mayor Kennedy
was Dr. William Fields, Dr. Henry King Stanford, Mr. Martin
Fine, Mrs. Engleton, William Winn, Harper Sibley, Mel Reese,
Ray Goode, Walter Etling, Carlos --now these are the three new
ones --Carlos Arbolea, Bill Colson and Senator Bob Graham. Now,
I'd like to also state that the main responsibility mainly falls
on the City Commission, but secondarily --and I think as important --
is going to be the study and recommendation to be made by Mr.
Reese and the administration. I had nothing to do with this
original motio;, Mr. Reese, and I am fully aware that the charter
gives you full responsibility which is important to the City and
to this Commission, and I recognize that it is your main effort
in this study, which will bring all this to light. We are talk-
ing about a sum which is, as I understand it, is in excess of
four million dollars in the budget. I think this is something
which we ought to bring to a head, and let the City Commission
make a final decision on it.
M. L. Reese, City Manager: Mr. Mayor, I don't want to
dispute you on this list that Iola read as memberships, but I
think it would be appropriate to check with the Clerk, because
I remember Harper, Sibley was one of the individuals who was
designated on that committee, and ---- Winn was one of the
names that I don't think will show on the record at the time.
I am reflecting on my memory,•but the names that were read off
were different than the names that the Mayor supplied.
Mayor Ferre: All right; let's leave it this way. Are
there any corrections on this? If there are we will discuss
them at the May the loth meeting.
Mr. Reese: Yes, Sir, because I think it ought to be
looked at on the tapes.
Mr. Ferre: Mr. Reese, as I understand it, the Mayor of
the City of Miami has the right to appoint Mayor's Committees.
Mr. Reese: Well, there is no provision for it in the
charter, and --
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Mr. Ferre: Traditionally Bob High, Steve Clark and Dave
Kennedy have done so, and all I am doing is following something
that was started by the previous Mayor in March, and all I am
asking is that this committee be constituted, finalized; a chair-
man be appointed to it; that they meet and they come with a
recommendation, and beyond that it's up to the City Commission.
Mr. Reese: Sure; but what I am saying this morning is
not resisting this, or anything. Please don't misunderstand me.
All I am saying is that what will show up on the tape and what
you read are two different things.
Mayor Ferre: Well, let's check that out and see who we
have missed, because I certainly don't think that these people
that I have read --Walter Etling is presently the Chairman of the
Grang Jury in Dade County, and he is certainly an outstanding
citizen ---
Mr. Reese: He was not on the list you prepared. I under-
stand that.
Mayor Ferre: These are the people that I have recommended
in addition to the ones that Mayor Kennedy had appointed.
Mr. Reese: I am sorry, I misunderstood you, because
some of these were read, in my understanding as being on the
present ---
Mayor Ferre: No, No, No, I said that I am adding the
following to the Committee: As Chairman, Walter Etling; in ad-
dition, Carlos Arbolea, President of Fidelity National Bank of
South Miami, Mr. Bill Colson, who, as we all know was deeply in-
volved in the Parks for People Program and the Parks for People
Bond issue in 1970 and 1971
Mr. Reese: He might have been involved, but I know he
wasn't on the Committee that was appointed.
Mayor Ferre: And Senator Bob Graham. Now, I will recog-
nize, for example, that Senator Bob Graham doesn't live in the
City of Miami, but I doubt if there are many people in this
Community that are more knowlegeable or concerned with parks than
Bob Graham. Now, Bill Colson has already shown his interest in
part, so I am sure that Harper Sibley and the others --and Martin
Fine has been before this Commission on many other occasions; so
this is just trying to fulill something that was started in, March.
ADJOURNMENT:
There being no further business to come before the
Commission at this time, on motion duly made and seconded,
the meeting was adjourned at 9:30 o'clock R.M.
H. D. Southern
City Clerk
Maurice Ferre
Mayor
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