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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, 1 2 3 4 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 1=2 2=3 3 3=5 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. 1 1 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 - 5-3- 73 2 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 3 5-3-73 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 -- 5-3-73 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 5 5-3-73