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Home My WebLink AboutCC 1973-05-24 MinutesMIAMI CITY COMMISSION MINUTES OF MEETING HELD ON MAY 24 1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK !i it INDEX MINUTES OF REGULAR MEETING OF CITY COMMISSION OF MIAMI. FLORIDA_ ITEM NO. SUBJECT ORDINANCE OR RESOLUTION NO. 1, WAIVE MINUTES OF PREVIOUS MEETING 2, OPENING STATEMENT RE:CITY ATTORNEY BY MAYOR FERRE 3, PROCLAMATATIONS, PLAQUES, CERTIFICATES OF APPRECIATION 4, INTERIM REPORT- COMMITTEE STUDYING TRANSFER OF PARKS & RECREATION TO DADE COUNTY 5, PERSONAL APPEARANCE- REV.JENKINS RE: C,R,A,C. 6, PERSONAL APPEARANCE- DAVID VALKEN BIKE PROBLEMS ON RICKENBACKER CAUSEWAY 73-378 7, WAIVE RENTAL FEE-MIAMI §ASEBALL STADIUM JULY 1,1973 YOUTH EMANCIPATION DAY 73-379 8, PERSONAL APPEARANCE- MORTY FRIEDMAN 2ND ANNUAL INTERNATIONAL FOLK FESTIVAL 9, PERSONAL APPEARANCE-MRS, GRACE ROCKAFELLAR RE: PARKS FOR PEOPLE BOND ISSUE 10, PERSONAL APPEARANCE- MR. ARTHUR ETTINGER 11, STATEMENT BY COMMISSIONER GORDON RE: CITY ATTORNEY 12, AGREED ORDER - E,H,G,FINANCIAL CORP VS, CITY OF MIAMI case no. 73-998 and 73-1017 Circuit Court of Dade Co. 73-380 13, VARIANCE REQUEST- LOT 25 LENNOX PARK 14, CCONDJTIONAJL. USE- LOT 1 & 2 LESS SELY 8,25' LOT 3 & LOT 4, LOCK 5 NEW BISCAYNE AMD 73-381 15, CONDITIONAL USE -PLAT 843B PERELIS SUBDIVISION 73-382 16, ACCEPT OMPLETED CONSTRUCTION E. 17 ROAD SIDEWALK IMPROVEMENT SK-4356 17, AMEND ZONIN 9RDINAN E LY 1 0 _OT 1J VIRGINIA PARK SUB 18, ZONING STUDY REQUEST FOR LITTLE RIVER AREA 19, PLANNED UNIT DEVELOPMENT FORMAN SUB 73-383 first reading 73-384 73-385 20, PLANNED AREA DEVELOPMENT AND CHANGE ZONING CLASSIFICATION lots 13 thru 20 block 69N & 72N MIAMI B-41 first reading & 73-386 21, AREA HEARING- CHANGE ZONING CLASSIFICATION LOT 1, BLOCK 2, MARCELLUS DEARBORN SUB 22, PARKING PROBLEMS IN R-3A & R-4 ZONING DISTRICTS FIRST READING 73-387 PAGE NO. 1 1 1 1==3 3 & 3A 4-5 5-6 6 8==11 11-12 12 1318 18==20 20-21 21 21 22==24 24-25 25 26 27 27-28 • 30, MAHI SHRINE CIRCUS 31, PERSONAL APPEARANCE —MR WILLIAM HUGGETT 32, PERSONAL APPEARANCE -MR EMILIO LOPEZ REGARDING WYNWOOD PARK 33, PERSONAL APPEARANCE-JOSEPH MUSIAL RE: POLICE I,D,TECHNICIANS-POL & FIRE PENSIONS 34, ACCEPT PLAT — FORTE PLAZA 35, ACCEPT PLAT — MONETRO SUB 36, QUIT CLAIM DEED— FEDERAL WAY 37, FEDERAL GRANT APPLICATION PSYCHIATRIC CONSULTANT 38, AUTHORIZE CONTRACT SANITATION EMPLOYEES ASSN 39, APPOINT ADDITIONAL MEMBERS TO COMMITTEE ON ECOLOGY AND BEAUTIFICATION 40, EVALUATION OF COCONUT GROVE INCINERATOR AND SITE 41, AUTHORIZE SALE OF $11,540,000 PUBLIC PARK & RECREATIONAL BONDS 42, PERSONAL APPEARANCE —MR, ERNY FANATTO 43, ACCEPT BID — 3 YEAR ,INSURANCE POLICY 44, ACCEPT BID — CASSETTE PLAYER AND ASSOCIATED EQUIPMENT 45, ACCEPT BID — EMULSIFIED ASPHALT i ITEM NO. SUBJECT INDEX 23. DISCUSSION OF CITY ATTORNEY INCLUDING: CHARTER AMENDMENT RESOLUTION FULL TIME ATTORNEY RESOLUTION CITY STATIONARY RESOLUTION EMPLOYEES HIRING EMPLOYEES 24, PERSONAL APPEARANCE — ARTHUR ETTINGER SECOND APPEARANCE OF THE DAY 25.. CHANGE ZONING CLASSIFICATION SPOIL ISLAND LAYING OFF N.E. 64 STREET 26, CHANGE ZONING CLASSIFICATION TENT PLAT 793-A MIAMI CLUB APARTMENTS,FALLESON PARK AMD 1 ORD.8163 27, CHANGE ZONING CLASSIFICATION LOT 1 & 2 PORT #3 MC KAY TOWERS SEE ITEM NO. 48 of these MINUTES FOR ORDINANCE NUMBER AND CORRECTION TO TITLE LANGUAGE 28, SELECTION OF ARCHITECT FOR MIAMI MODERN POLICE FACILITY 73-391 29, CITY MANAGER'S REPORT ON AVAILABILITY OF FUNDS FOR POSSIBLE INCREASE IN PENSION BENEFITS FOR RETIBEgs2, 5-3 73-393 ORDINANCE OR RAGE NO. RESOLUTION NO. 29-==52 73-390 ORD.8162 DISCUSSION DISCUSSION DISCUSSION 73-394 73-395 73-396 73-397 73-398 73-399 73-400 73-401 DISCUSSION 73-402. 73-403 73-404 53 54 54 55-56 57 58=60 60 61 61==64 65==68 68 69 69 70 70 71 71 72-73 73-74 74 75 75 ITEM NO. SUBJECT INDEX 46, ORANGE BOWL N.W. RESTRQoQD ADDITION FOR HANDICAPPED PEOPLE - 19/ (THROWING OUT BIDS AND TO READVERTISE) 47, CHANGE ZONING CLASSIFICATION LOT , LOCK 1, MC KAY TOWERS 48; CHANGEE ZONING CLASSIFICATION LOTS & L & PORTION OF 5 MC KAY TOWERS 49, ACCEPT BID - MATERIALS FOR LIGHTING OF CITY OWNED PARKING LOTS 50. PUBLIC HEARING: CUBAN MEMORIAL BOULEVARD S.W. 15TH AVENUE 51, ACCEPT BID - MATERIALS FOR_ LIGHTING OF CITY OWNED PARKING LOTS SEE NOTE OF EXPLANATION IN MINUTES IN REGARD TO THIS ITEM. 52, SET DATE OF PUBLIC HEARING CITY MANAGER'S PROPOSAL FOR ESTABLISHMENT OF SUPPER CLUB -HOURS OF OPERATION FOR SERVING ALCOHOLIC BEVERAGES ORDINANCE OR PAGE NO. DISCUSSION ORD, 8164 ORD, 8165 73-405 73-406 see minute Item 45 MOTION 76 76 76-77 77 78==99 100 100 4IP4 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI. FLORIDA On the 24th day o6 May, 1973, the City Commission o6 the City o6 Miami, Fton.ida, met at .its negutan meeting ptaee at City Hatt in said City ,in negutan session. The meeting was catted to onden at 9:12 O'Ctock A.M. by Mayon Maun.ice Fenne with the liottow.ing members o 6 the Commission pnesent: Mn. Ptummen, Mk. Reboso, Mn..sGondon, Reverend Gibson and Mayok Fenne. ABSENT: None. An invocation was det.ivened by Reverend Gibson who then ted those pnes ent .in a ptedg e o 6 atteg.ianee to the 6tag . 1, WAIVING READING OF MINUTES OF PREVIOUS MEETING The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION TO WAIVE THE READING OF THE MINUTES OF THE PREVIOUS CITY COMMISSION MEETING Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 2, OPENING STATEMENT REGARDING CITY ATTORNEY BY MAYOR FERRE Mayor Ferre: Ladies and Gentlemen, before we start, I would like to state that we have had over the last few weeks a lot of discussion about the City Attorney and the City Attorney's job. This matter will be discussed this morning and I have change -.for the charter that I will offer later on and then if there is any other subject anyone else wants to bring up with reference to this, we will discuss it. We will not discuss this until after we have gone through the regular morning agenda. I will not take this out of order. f 3, PROCLAMATIONS, PLAQUES CERTLFLCATES OF APPRECIATION Cent.i6.ieates o6 Appnee.iat.ion we&e pnesented to the OttowJng pennons Lon the.in e66onts in conducting ne.ighbonhood meetings on the necent pnoposat to switch 6nom back yard to cunbside ganbage eottectLon: Musts: Chanter Jones Donald Moss Cantos Sitvest&e D. A. H.igman John Passe& Robent Du66 Howand Bengen Geonge Petens Cti6ton Hayes 4, INTERIM REPORT OF COMMITTEE STUDYING TRANSFER OF OPERATION OF PARKS AND RECREATION TO DADE COUNTY Mr. Etling: Good morning Mr. Mayor, I have a brief report which I would like to read to you and the other members of the Commission. Mr. Etling then read the following memorandum into the record: 001 MAY 2 41973 t • May 22, 1973 Memo to: Honorable Maurice Ferre Mayor, City of Miami From: Walter Etling Subject: Interim report of the Committee to study the transfer of the operation of Parks and Recreation to the County Our Committee of fourteen, which is 'made up, as you know, of a cross section of citizens from the City of Miami and Dade County. has had two formal meetings and several sub -committee meetings. Our meetings have been well attended and have added up to almost ten hours of time, with Monday's meeting running from 5:30 to 9:00 p.m. In accordance with your instructions, we have been studying both the transfer of operations of the city facilities and Manager Reese's Orange Bowl renovation program. In connection with the first priority various members of the committee have been supplying valuable "in -put". Lester Freeman has worked up an analysis of the park departments facilities and City Manager Reese has supplied the committee with a digest of the income and expenses of the Department of Parks and Recreation for our study. A preliminary schedule of reasons "why to transfer" has been developed and we are in the process of working up reasons against the transfer. The Committee has also had an opportunity to inspect and review the following material: 1. Proposed City of Miami Parks and Recreation bond program City of Miami Planning Dept. - January 20, 1972. 110 2. Dinner Key Master Plan - Russell Melton & Associates - June, 1972. 3. City Parks and Recreation budget estimate - City Manager - 1972-73. 4. Feasability Study concerning the transfer of Miami Park system to Metro Dade County - City Manager - January 1972. 5. Miami Bay Front Park Recreation Program Report - Edward D. Stone,& Associates - Sept, 1972 6. Latin Community - Park Study - February 1973 7. ,City of Miami Capital Improvement program - 1972..76 Manager Reese - December 1972 R. T1.roporsal parka for people - Staff January 29, 1973 002 MAY 2 41973 'We fool that: th.ornmitten h; malting substant ' progress toward a recommendation but as of this moment we have not come to any definite conclusion on the primary charge: and would like to report to you again at your next meeting. • rglation to the second item - the study of Manager Reese's Orange Bowl program, to date we have heard from Ernie Me Coy, Director of Athletics at the University of Miami and Ernie Seiler, Executive Vice President of the Orange Bowl Committee. These two gentlemen gave.us some stimulating ideas and comments in connection with the proposed Orange I3owl Renovation. We hope to hoar from representatives of the Dolphins, the high schools and other users of the facility before our next report to you and the Commission. Mr. Mayor, this is our interim report and if you have any questions I will be delighted to respond. Walter •cling WE:ic .1V Mayor Ferre: Well Mr. Etling, first of all, let me thank you for the many many hours of your time and that of your committee that you have spent on this matter. It is' an important task. I think 'we have a real .first class, outstanding committee, certainly a good representation and cross section of this community enthusiastic and certainly devoted and we are grateful for your time ,and your effort and we look forward to hearing from you again. Are there any questions from anybody? 5. PERSONAL APPEARANCE - REVEREND J. E. JENKINS REGARDING C.R.A.C. Mayor Ferre: Reverend Jenkins, the chair will now recognize you sir. Rev. Jenkins: Mr. Mayor and Ccmmissioners. My name is Reverend J. E. Jenkins, 740 N. W. 58th Street. I am deeply gratified of this opportunity to come to you with a burning issue of C.R.A.C., Community Rally Against Crime. As you well know on the first of July, the youth cf the State of Florida become recepients of the privelege of adulthood and we are proposing to provide for them the option here in the City of Miami to engage in wholesome recreation of brotherly love and fellowship prefereable to being entertained in bars and other degrading elements they could beiin., We are proposing to have on the first of July, Youth Emancipation Sinday to be held if you concur at the Orange Bowl. At this time we, propose to have.religous groups accross the State of Florida and other groups to participate so that ,our youth can prove to us that not only are they useful but useful in an activity for the upgrading of the entire state. I have with me Mr. Jim Gunn who will comment on this request. We,have been taught'by our great teacher and coach, Father Canon Gibson, I am sure will concur with me if ypu ask you will receive and so we are asking for your assistance and Mr. Gunn will now comment on other requests of you, thank you. Mr. Gunn: The project we are undertaking is not only by C.R.A.C., its by several other organizations namely, the C.Y.O., the Boy Scouts of , America, the•Explorers, also intend to have Youth for Christ. Our pro - ject is to have what we call a sing -out. We want to try to fill the, Orange Bowl with all the young choirs in the State of Florida. This,.is quite an undertaking. My job on this is no more than to lead the young people in a professional aspect to get the job done. We intent to have about 25 or 30 young people working at Reverend Jenkins church for the full month of June. Wa hope to try to change the image not only of Dade County but South Florida by having a national television hookup showing all the people around the United States that Miami is not No.1 crime city. Miami can obtain 80,000 young people that are singing out and we want to let them know in Washington by the first song we sing, "Wake up America". 003 MAY241973 This is our project. Our request is the use of the Orange Bowi. Mayor Ferre: Lets get right to that. Mr. Reese can we give them the use of the Orange Bowl on July 1? Mr. Reese: Mr. Mayor and members of the Commission. I received corres- pondence from Reverend Jenkins and also from Mr. Pekins and Mr. David Curry Jr., pertaining to this and I answered that yesterday so most likely, they haven't received it. I think what they are endeavoring to do is a bid contribution to the community and I am the first one to recognize that the Orange Bowi belongs to the people of the community but unfortunately during the summer months when they don't have scheduled games in there, we do have contractors working in there and we will have parts of the seatboards torn up and being replaced, this goes on every summer and there will be a segment of the stadium that will definitely be under construction because we have to replace steelwork in parts of it. Recognizing that we have Soccer Games scheduled in there, the soccer games are*only using a controlled seating area that we specify. These are the activities that are going on in the stadium but it is suggested and suggested very strongly we can schedule and make the Baseball Stadium available. The Baseball Stadium by using the seats and also using the outfield if its necessary, for the population to attend, can accomodate a large number of people and that facility can be made available and we can schedule it and we can have that in such a condition for the July 1 date. Mayor Ferre: flow many people can the stadium accomodate? Mr. Reese: The seating capacity of the stadium is approximately 16,000 but with using the outfield etc., there have been much larger crowds in there setting it up in that fashion. Mayor Ferre: Reverend, I remember a mass in the stadium and there must have been 30,000 there. I recognize its better to have the Orange Bowl where you can seat 82,000 but I don't think from what the City Manager has told us that we can do that, so I would recommend Mr. Gunn that you accept this and try to do it. I think what is being planned is teri.ffic and warrants the support of the City of Miami. Mr. Dunne Mr. Ferre, there has been no publicity on this. We have been working on this project over a month and we have contacted people around the state. We are trying to not only change the image. Now if we took Miami Stadium, I doubt if we would get TV coverage, which we have been negotiating to have 30 minutes of national TV hookup but if this is the answer, we will have to move in that direction but we had made plans with the City of Miami Beach to have a reduced rate and the hotel association to have these people not only be there for that sunday and visit all the churches of Dade County but to stay over for the 4th of July which would be close to a 5-day stay of approximately 15 to 20,000 people but if this is the case, then if there is the possibility we can put some type stands up around the field up there, I guess we will have to go in that direction. (See Resolution No. 73-379 adopted later in the meeting) 00U MAY 2 41973 6, PERSONAL APPEARANCE- DAVID VALKEN Mr. Valken: Mr. Mayor and City Commissioners, my name is David Valken, I am acting as spokesman for the Miami Cycling Association which is made up of 5 local clubs. , Hurricanes, Cuba, Niagara and Coconut Grove of which I am a charter member. I am general manager of the bicycle shop in the Grove, I am an avid cyclist. The clothes in which you see me are the clothes in which I always ride. The road I ride most is Rickenbacker Causeway to Cape Florida State Park and this road is the reason I am before you today. About a week ago, a 14 year old boy Reuben Adonn died because he was hit by a car travelling more than 70 MPU as estimated by his riding companion Daniel Gonzalez who was more fortunate than Reuben but it still in the hospital and can possibly lose his leg. These events particularly sadden me because I not only knew Reuben but I further sold him the $350.00 bicycle for which he saved all summer and told me it was the happiest day of his life when he got it, he bought the machine about a month ago, largely upon my recommendation. I also encouraged him to train with us on our rides to Cape Florida the trip he was making the day he died. While I don't feel guilty, I feel resentful and frustrated at being an unwitting instrument in this young man's death. I realize that one boy's death is not vital tosomething as impersonalas a City but the remedies I seek are to prevent more needless tragedies cost virtually nothing and are quite simple to enact. Most importantly the speed limits on Rickenbacker Causeway ought to be enforced, strictly enforced. Right now cars speed virtually with impunity at insane velocities on a road that goes 7 miles to nowhere. I can't begin to comprehend why the speed limit isn't enforced. It does not seem unrealistic for either the size of the road or the purpose of the road. Since I ride the road generally twice a day, I think I am qualified to say that one car in five seems to dangerously exceed the speed limit and that does not include an incredible number of maniacs who drive parts of it in speeds which seem in excess of 80 MPH. Secondly, 4 large reflector signs should be placed before the two bridges stating in large letters, "Caution Bicycle Riders". This is a designated bikeway. The City has more than an obligation to designate something. They should do something. It doesn't seem it would cost very much to do that and it would save future lives. If the City wants to get creative, they can consider paving 3 feet of the roadbed already installed on the causeway and using it as a bikeway. If you think about it, it could be part of the solution to the massive traffic jams on weekends and evenings. It seems to me you can study it all you want, there won't be a better solution to encourage pegple creatively not to use their automobiles. Bicycles are no longer toys. Miami is a climate for cycling and it isa viable source of transportation and to use them for this purpose does not require fantastic sums of money from the city coffers. All it requires is some imagination, for example: Bayshore Drive is a lane and a half, it's not currently possible to have 4 lanes of moving vehicluar traffic, For the most part and although there has been some talk of widening it, I don't understand why the city doesn't yellowstripe the half lanes on each side of the road and discourage motorists from driving in it while effectively making it what seems to be a dream concept these days, a bikeway. Intelligently done it wouldn't cost very much money and it wouldn't hamper vehicular traffic at all and it could possibly encourage some justifiably timid riders including possibly some of you for using a bike once in awhile for short trips. We are concerned about ecology and energy and its only fair for those of us who are willing to use an alternative source of transportation beneficial to the community, that we should be encouraged rather than thwarted in our efforts. That's all I have to say except for one thing that it doesn't seem to me the sum total of one boys death, a very fine young man should be for 4 lousy signs and somebody to patrol the road to see that the speed limits get enforced because that's why the kid was killed. He was minding his own business. I know the boy and I know what he was doing when it happened, if you have any questions, I will answer them. Mayor Ferre: Dave, thank you very much for coming here and I think we all concur with you that this was a senseless, needless tragic situation that I think we have to try to prevent. I ride bicycles all the time and my kids do so I am a bicycle rider and I tell you it is a terrifying experience when you try to ride a bicycle and compete with an automobile, its really a terrifying experience. I think more and more citizens are doing this, I think we certainly owe it to them to try to do something about it, let me say to you. 004 MAY 2 41973 • • Later today we will be talking about the implementation of a bond issue that the people voted for and in that is $50,000 that is committed to the specific purpose of making bicycle paths from the south to the north boundary line of the city, so this is a beginning. I certainly think, but you know the causeway is NOT within the purview of the City of Miami. There is nothing we can do about that except as you say, recommend to the County Commission. I would be perfectly willing to offer a resolution, I am sure anybody would here, requesting that the County Commission look into this matter and follow this up. Mr. Vaiken: The only thing I am really asking is that they enforce the speed limit. I don't expect the City to do anything creative because the City isn't interested. Mayor FErre: You are talking about Rickenbacker Causeway - Mr. Vaiken: Rickenbacker Causeway. Mayor Ferre: That's the County. Mr. Vaiken: All I am talking about is a resolution that they enforce the speed limit, that seems to be a very simple thing to ask, it doesn't even cost anything. After further discussion, the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-378 A RESOLUTION REQUESTING THE BOARD OF COMMISSIONERS OF METROPOLITAN DADE COUNTY TO TAKE NECESSARY STEPS TO VIGOR- OUSLY ENFORCE THE SPEED LIMITS POSTED ON RICKENBACKER CAUSEWAY; TO PLACE SIGNS AT APPROPRIATE AREAS IDENTIFYING THE CAUSEWAY AS AN ARTERY USED BY BICYCLISTS; ATTEMPT TO IMPROVE TRAFFIC CONDITIONS ON THE CAUSEWAY TO INSURE ADD- ITIONAL SAFETY FOR BICYCLISTS AND TO URGE THE COMMISSION TO STEP UP THEIR PROGRAM FOR CONSTRUCTION OF BIKE PATHS THROUGHOUT DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Officel 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 7, WAIVE RENTAL FEE-MIAMI BASEBALL STADIUM ON JULY 1, 1973 FOR YOUTH EMANCIPATION DAY The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-379 A RESOLUTION DECLARING JULY 1, 1973, AS "YOUTH EMAN- CIPATION DAY" IN THE CITY OF MAIMI AND WAIVING RENTAL FEE FOR THE USE OF THE MIAMI BASEBALL STADIUM FOR THE ORGANIZERS OF "YOUTH EMANCIPATION DAY" ON JULY 1,1973 UPON PAYMENT OF NECESSARY EXPENSES 005 (Here `'allows 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 8, PERSONAL APPEARANCE - MR, MURTY FRIEDMAN RE 2ND ANNUAI4, INTERNATIONAL 1►``OLK tt'-ESTIVAL Mr. Friedman: Mr. Mayor, Lady and Gentlemen of the Commission, Mr.Reese, I would like to report to you on the progress very briefly on the Second Annual Miami International Folk Festival which begins - As I am sure you all know this festival is sponsored by yourselves, the City Commission. Last year was the first one and the success of it, I think prompted the Commission to try to make it an annual event. You have given us a larger budget for this year and we expect.to have a much bigger and better festival. We are, have people who are constantly amazed when we tell there their city is giving them something free and there is no . admission for 4 days of entertainment. This year we are going to have more than 1000 persons actively participating in the festival. We have 40 nationalities and ethnic groups represented and we have a number of outstanding attractions. We have models from Rio De Janeiro wearing costumes worth $15,000 from the carnival in Rio. We have group sent here by the,,Natian government, folk singers and dancers. We have a 50 man choru Hof the 82nd Airborne Division from Ft. Bragg,' N. C. We have a ;coup from Key West. We have a 36 field drum band sent by the government of Trinidad and this is not including all the various nationality :1i_bs rind organizations in Miami who will have singers, dancers, instrumentali Ls. We have food booths representing 20 different national- ities who will.he serving food all the way through the festival. We have an Arts and Craft:, show which will be held this year in the auditorium of the main library due to a lack of space in the Bayfront Park AUditorium where the other events will be. Our parade will he a week from Saturday 7:30 to 9"30 P.M. is shaping up very well. We wiJ1 have 70 or more units in the paralie and incidentally I thine: you know the members of the Commission are all invited to participat We have convertibles for the members of the Commission and their families and we hppe you Will he in the parade at that time. it assembles at 7:00 on the west side of the courthouse. We have a hard working committee that has been working on this festival since last July, 20 members on the committee and we think you are going to be very proud of this festival. Mrs. Gordon: I have attended a number of their committee meetings and they are enthusiastic. The Committee is so anxious to produce results that they go far beyond what is expected of a committee member to offer ideas and suggestions and actually do a tremendous amount of work and they only feared that they may not be reappointed again so that they have indicated they want to continue and to keep working on this project year after year and the outlet for this festival which this year will be twice as big and twice as good if that is possible than last years festival, we look forward to the bi-centennial year and to increase the scope of this festival Letween now and then and of course from that point on forever, I hope to keep this as a perpetual event that will take place in the City of Miami in the Spring and Summertimes to bring people here, I think it is a fantastic tourist attraction. I wanted to particularly compliment Mr. Friedman who is not being paid at all. He is donating his services completely to the City because of his personal interest in bringing together all of the various ethnic and cultural groups in this community. Compliments to you Mr. Friedman. Mr. Friedman : I would like to mention we have had tremendous cooperation from the City of Miami Publicity Department and also would like to tell Mr. Reese that it looks like we will come in well under the budget as of now. 006 alft 7 MAY 241973 1 PERSONAL APPEARANCE - MRS,:_ GRACE ROCKAFELLAR RE' PARKS_FOR PEOPLE BOND ISSN Mrs. Rockafellar: I am Grace Rockafellar, President of the NorthEast Taxpayers Assocation, Director of the Northeast Improvement Association and we are here today on behalf of 16 different civic associations in the City of Miami who are all in agreement on the topic we are going to discuss and I have been asked to speak for them. We thought that would be better than having 16 speakers. These associations are: The NonthEas.t Impnovemen.t Association The Non..thEast Taxpayers Association The Bette -Meade Pnopenty Owners Association The Bay -Point Pnopenti Owners Association The Bayshone Homeowners Association The 8ay Heights Homeowners Association Coconut Groove Civic Association V.ing.in.ia Gkove Civic Association The BLtck Grove Civic Association The T.igen-ta.it Association o6 Coconut Grove The Coconut Groove Canes Association The Gnapetand Heights Civic Association The Southwest Le Jeune Homeowners Association The 8ayshone Plaza Pnopen.ty Owners Association This is a pretty good representation of the city as a whole. In March1972, the citizens. of Miami in good faith, passed a 39 million dollar Parks for People Bond Issue. Now, we understood the parks were going to belong to the people of Miami and we would have jurisdiction over them. Before this bond issue was passed, the Mayor and every City Commissioner visited our associations and solicited our help. They told us that we would definitely keep our parks and that the people in the community would set up a task force and they could plan the development and what went in to our own parks. Now, we believed our City Commission so we passed this bond issue. This is what we wanted, what we still want. Now in November 1972, the County passed a 75.8 million dollar bond issue for parks. In checking with Mr. Carter of metro, we were advised that the city comprises 21% of the population of Dade County. Our 21% share of the county bond issue would be 16 million dollars. We asked Mr. Carter how much of that 16 million dollars would be spent in the City of Miami. Well you guess it, not a dime. This money is going into the county. Now awhile hack, a proposal was made by the Mayor to turn our parks over to the county. At the last Commission Meeting a committee was being appointed to study this proposal but we have since learned that the City Administration has been planning on just such a move since almost the day after the bond issue was approved. Now, if this Commission turns the parks over to the county without invalidating our 39.5 million dollar bond issue, it would result in 21% of the population of Dade County paying 56 million dollars for parks while the other 79% of the population would only be paying 59 million dollars for the parks. We think this•is grossly unfair. If this Commission permitted that to happen, it would be guilty of perpetrating a gross injustice against the very people you are elected to represent. Now we understand that over 27 million dollars of that bond issue has already been sold but we were appalled to learn that upon receiving a copy of this agenda in the mail that over 25 million dollars of that has already been spent. We think this is a very irresponsible act, to spend the tax dollars. We voted for one thing, while you right along were planning to do away with the thing that we voted the bond issue for. We not only feel that it was irresponsible but we feel this administration has deceived every taxpayer in the City of Miami because you know and we know, that this bond issue would have never passed, would have never gotten off the ground had we the taxpayers in the City of MIami felt we were passing a bond issue for something that was going to he taken away from us and given to the County. We think the very least the City could have done while they were planning right along to turn our parks over, was to call a public hearing, and say now look, you voted for this bond issue in good faith, now that we are going to get rid of your parks, you want to invalidate the bond issue or do you want to validate? Which should we do? But the City didn't do that. They were telling us one thing and doing another thing with our tax dollars. 008 MAY 241973 • • The people of Miami are very angry about this and rightfully so. We are requesting today that this administration recoup that money that has been spent and put it in escrow and not dispose of the balance of the bonds until final disposition of our parks has been decided. If our parks are turned over to the county, that money from the sale of the bonds should be used to liquidate that debt and the rest of the bonds should he invalidated. Now if the County needs more money, in addition to their 75.8 million dollars, then let. the County put it to a referendum. Let it go county -wide and be voted on by all the taxpayers so the expense of the parks which the county will operate, will be shared county -wide and not the bulk of it on the citizens of Miami. Slowly but surely, our services arc being turned over to Metro and we have been under the threat of other services being reduced. We haven't heard one word about a tax reduction. We haven't heard one word about a tax credit for the services that we pay for and no longer receive. Now the same is true of Metro. We arc forced to subsidize their police department, their fire department and all the other things and if this goes through, it will he their parks department and still we aren't given a credit, tax credit while the people living in the unincorporated area are not taxed enough to pay for their own services. It seems to us that the property owners in Miami are being used as a pawn between the City and the County to see who can extract the most taxes and give us the least. We voted against consolidation every time it was on the ballot. We had no confidence in Metro and I don't think that has improved yet today. We wanted our own identify. We wanted our own government and we are willing to pay for it, but we do not want our own government badly enough to keep paying these high city taxes for token services and for the purpose of keeping a large number of highly paid officials and other personnel on the payroll. Now we are not the rich uncle we have ,been portrayed to be. We want to pay our fair share but only our fair share. The organizations that we represented here today have joined together. We are going to work together on this to see it through just as we did on the garbage proposal and just as we will continue to do on any matter that affects the city as a whole. Now, we realize we have no jurisdiction over this administration but we also know that this administration cannot act without the approval of this Commission, our elected officials. We are asking this Commission today to either let us keep our parks as we should and were promised or to cancel out this bond indebtedness. Now we are hopeful that you will pass a resolution to that effect today so that when we leave these chambers, we will know whether we are going to get satisfaction from our own city officials who promised us this or whether we are going to have to take it to court. We are very hopeful we will get it right here and I thank you for your time. Mayor Ferre: Mrs. Rockafellar, I want to thank you very much for a very concise and well written statement and I would like to ask the City Clerk to have that transcribed a little bit quicker than usual, just this portion and send copies to all the City Commissioners. Mr. Plummer: Mr. Mayor, I think it would be very appropo that this same statement be furnished to all members of the committee who is making this study at the present time. Mayor Ferre: Yes and I am now going to address myself to that point but I first will give ititr. Reese an opportunity if he wants to say something. Mr. Reese: Yes I definitely do. Tt is not the administration that has been planning for the transfer of the parks, lets get that understood quick. Also, at the time this was first introduced before this Commission by Mr. Danny Paul, I asked the Commission at that time to take a positive action to sat this proposal aside because it wasn't fair to the people to ask them to vote for a bond issue when it was contemplated to take an action to turn the bonds over to the county and erroneously somebody was under the impression that if they turned the bonds over to the county, that they would have more monies for the city's operation. Well that is not a fact because what its costing us to operate the bonds, there would be that amount reduced in the millage to the city's taxpayers. That would be our new tax ceiling and we would not be in a position to have any additional funds to do anything with. 009 MAY 2419 Mayor Ferre: Mrs. Rockafellar let me tell you this, this is one voice out of 5 here. I certainly am not going to take any position on this at this point for a very simple reason. Mayor Kennedy had constituted a committee to study this. I have appointed a chairman to that committee. That committee has spent hours and hours and hours studying this. Out of common courtesy, the least that we can do is let them finish their deliberations and come up with a report. I think you know me well enough and you certainly know this Commission well enough to know that we are certainly not going to ramrod anything, we are certainly not going to do anything without full public hearings, and I for one have not come to a conclusion, and I am not for one going to do on record very specifically right now today, on the record that I have not come to a conclusion. I want to have a completely open mind. Now, that doesn't mean that if for example, I should conclude, this is one voice here, that we should turn over some of these parks, then I am in complete agreement that these bonds obligations cannot go on the citizens of Miami. I have no arguments with that but beyond that I certainly don't want to go on the record as to how I feel about it because this is why we constituted a committee who is going in depth.. to study this. When they come up with a recommendation, then the City Commission is going to discuss it openly and,Mr. Reese and the administration is going to look into it, and we are going to call not one, but several public hearings on this matter, if this Commission at that time wants to proceed with it and if it doesn't want to proceed with it, then its going to be a dead issue, isn't it? Mrs. Rockafellar: Mr. Mayor, I appreciate that. We have confidence in this Commission or we wouldn't be here today. You said you aren't going to make a conclusion today but let me ask one other question. If you are not going to make a conclusion today, will the rest of the bonds not be sold and the rest of that money held in abeyance until such a conclusion is made, because how are you going to come up with all that money? Mayor Ferro: Mrs. Rockafellar, this community has waited for over a decade to get this program going. The people have voted on it. I for one, am not going to be any part of stopping progress, for stopping what people have been waiting for for a whole decade. As far as I am concerned, I would like to see Mr. Reese proceed as quickly as possible with the implementatio of what the people asked for. Now, should there be a change on that in the future, then I think obviously we have to go back to the people somehow. I go back to what I am telling you, that I for one will not be a part of anything which will either increase the taxes to people or do something other than what the people have voted for, without going back to the people Mrs. Rockafellar: Well there is one other thing Mr. Mayor. We cannot control your decisions in turning the parks over to the people, but did I understand you awhile ago to say also, that you would not put this indebtedness or this 39.9 million dollars on the property owners of Miami alone if the parks are turned over? Mayor Ferre: Absolutely not. Mrs. Rockafellar: Well that's what we want to know but most of all, we want the parks. Mayor Ferre: I don't think anybody here would have the nerve to do some- thing like that. Mr. Plummer: Mr. Mayor, may I try, as a member of this committee, Grace I sit on the committee representing the Commission. May I say to you that almost every point that you have made here is under full consideration by the committee and there are many more that you are not aware of and have not included - Mrs. Rockafellar: There is more, but I was cut down to 15 minutes. Mr. Plummer: This committee is taking under consideration and the biggest problem that has confronted this committee at this time is the very questions that you and the Mayor have addressed yourselves to and that is the bond issue, the indebtedness and where it will lie if there is a transfer so, we are very cognizant of all of these ramifications, the committee is making progress and I with the Mayor even though I am getting very tired of sitting, think that this committee is working, they are active and they will come forth with their recommendations. 010 MAY 2 41973 Everything you have here is under study at the present time. Mrs. Rockafellar: Well in thanking you, I just want to say one thing. The people in our area and in our associations have the utmost confidence in this City Commission. We think we have been treated very fine by them and we thought if a few things were brought to your attention, that we would be given justice, thank you. Mayor Ferre: We are always happy to see the public conscience of the northeast part of the city here at these City Commission Chambers. Mrs. Rockafeller: You have a strong one. 10. PERSONAL APPEARANCE - MR. A. ETTINGER Mayor Ferre announced the chair would recognize Mr. Arthur Ettinger at this point to make a very brief statement. Mr. Ettinger: That's what I have had every time Mr. Mayor. Mayor Ferre: Mr. Ettinger, last time you were here if you will forgive me, you were told that this Commission has absolutely no jurisdiction in your problem. Are you going to address yourself to that or have you got something new to tell us? Mr. Ertinger: To which problem'Mr. Mayor? Mayor Ferre: To the problem that you tried to present before the Commission which was turned over to the City Attorney and he gave you a ruling on it. Mr. Ettinger: No Sir, I did not have a ruling. In fact you said to me at the last meeting that I would meet with the City Attorney and the City Manager. I did not meet with the City Manager or the City Attorney. Mr. Rothstein: Mr. Mayor, this gentleman met with Mr. Andrews and Mr. Lloyd and - Mayor Ferre: And they represent the City Manager and the City Attorney. Mr. Ettinger: If I had known I was going to meet with Mr. Lloyd and Mr. Andrews, I wouldn't have bothered, I would have been in court already. This this here - Mr. Rothstein: Will you excuse me sir? Mayor Ferre: Wait a moment, I'll run this meeting, now you just hold on - Mr. Rothstein: In response to your question Mr. Ferre or your statement as such, this Commission has absolutely no authority or jurisdiction to accomplish anything that this gentleman wants. I think this gentleman would be doing a dis-service to himself if we air what his problem is because thenhe makes public issue of :Lt. If he wants to, I can tell you what his problem is and why we don't have jurisdiction. Mayor Ferre: Wait a moment. We have heard your ruling on this arid Mr. Ettinger, I will recognize you, what do you want to say? Mr. Ettinger: Why can't the city attorney tell me that himself? Mayor Ferre: He just told you that himself. Mr. Ettinger: He was supposed to meet me outside last time, he didn't do it. If he has something to tell me, let him tell me. I have another issue that I would like to bring up but you are giving me too little time so I would like to request at this time that I have a position on the agenda at the next meeting. Mayor Ferre: Mr. Reese, will you talk to Mr.Ettinger and see - If it is dealing with the same matter that he is here before us today, then I think this question has been exhausted. If he has something else that he wants to bring up before the City Commission, you can discuss it with him and see if you can put him on the agenda for the next meeting. Mr. Ettinger: It has absolutely nothing to do with the present or the previous subject. 011 MAY 241973 • • Mr. Reese: Mr. Mayor, we have followed ':he practice and I would like to continue following it, that anyone that wants to get on the agenda write us a letter of what items they want to discuss in order to give us the necessary information so if there is any information and files in the City, we can supply the City Commission and everything else beforehand and I am treating him no different than anybody else Mayor Ferre: If you will do that, then we will take that into consideration 11, c Mrs. Gordon: Mr. Mayor, if I may please, first and before we take up any matters on the regular agenda, which involves decisions - Mayor Ferre: Now Mrs. Gordon, excuse me - Mrs. Gordon: I would like to finish my statement - Mayor Ferre: Well - Mrs. Gordon, I will not recognize you on any matter that is not on this agenda, especially on this matter with the City Attorney which I said would be taken up after the regular agenda later this morning. Mrs. Gordon: Mr. Mayor, Mr. Mayor, I have every right to state - Mayor Ferre: Mrs. Gordon, you will have all of the time that you need later on this morning to read your statement and say everything you want - Mrs. Gordon: I will not hear any matters unless we first have an explanation from Mr. Rothstein on the matters which have been published this week in the papers. Mr. Rothstein's decisions and opinions are a part and parcel of these agenda items and he needs to explain those items now. Mayor Ferre: Well I'll tell you Mrs. Gordon, I am not going to argue with the seriousness of these matters. If you will look at the agenda, Mrs. Gordon: We are not speaking of a Charter Amendment - Mayor Ferre: Now wait a moment Mrs. Gordon -I - Mr. Plummer: Mr. Mayor, may I try to offer a compromise if I may. You have made your points very clear. Mrs. Gordon has made hers. May I suggest at this time so that we don't hit a stalemate and we can go through with the agenda as proposed, that Mr. Rothstein step aside until the matter of Mr. Rothstein can be discussed and let Mr. Lloyd, his Assistant sit in until that time. I think that would be proper and I think that would be proper for everyone. Mayor Ferre: Okay, I think that's a good solution. Mrs. Gordon, I think this is an important matter. Mrs. Gordon: What is your objection for nearing this from Mr. Rothstein at this time? Would you express yourself please? Mayor Ferre: I told you that already this morning, that I think that we have to keep to this agenda. Now - Mrs. Gordon: That's ridiculous. Thats ridiculous, ridiculous. Mayor Ferre: Its only a question of a few hours and I don't see any reason why this can't be brought up in an hour and a half from now and we get back to this agenda. Mrs. Gordon: We owe it to the people whose items are here today to get this thing resolved, to have this heard now. Mayor Ferre: The Chair will rule as follows: Mr. Rothstein, will you kindly step aside. Mr. Lloyd if you will take the position of City Attorney, we will now proceed with the agenda and we will now take up the item at 10 o'clock which is item #4 and at this point I will turn over the meeting to Father Gibson since I have a conflict, since I live right next door to this property. 012 MAY 2 41973 NOTE: AT APPROXIMATELY 1O:O! O'CLOCK A.M., MR, ALAN ROTHSTEIN, CITY ATTQRNEY REMOVED HIMSELF AS CITY ATTQRNEY FROM THE MORNING AGENDA OF THE COMMISSION 4jND MR, JOHN 4OYD, ASSISTANT TO THE DIRECTOR OF THE DEPARTMENT OF LAW ASSUMED THE POSITION OF CITY ATTORNEY FOR THE MORNING AGENDA. 12, AGREED ORDER-F.K.C� IN 1L C RPOFATIQI Y. C TY ° MI§M� ae a o. 7 9 an 7 cn e .cncu� oun o, e u ic1 a2 CJ te.ai,t in any{ ion Dade County, Ft.okida Mr. Bill Friedlander representing E.H.G. Financial Corporation appeared before the Commission in regard to the matter described above. Mr. Friedlander: We are here as a result of the issue of our settlement being deferred in order for publication of the hearing as I understand it and an opportunity for rebuttal. I have no idea whether there are rebuttal witnesses here and I have no intention of making any argument myself unless someone has a question. Mr. Plummer: Mr. Vice -Mayor, I believe the reason for the deferment as I recall, was so that a public hearing could be held. Now, I think Mr. Reese, am I correct in that and this is the time for the public hearing for the public to be heard on this matter. It is my hope Father, that the public are aware and I think it would be proper at this time that Mr. Lloyd inform those people as to the posture that the Commission has been placed in at this time. I would so request that the Law Department make a brief statement as to the item as it stands before us, at this time. Vice -Mayor Gibson: All right Sir. Mr. Lloyd, Assistant to the Director of the Department of Law: This item concerns a proposed settlement agreement between the E.H.G. Financial Corporation in the case of that corporation versus the City of Miami regarding a zoning matter and it has been felt by the Law Department and in particular, Mr. Turner who has been handling the case that in the case of this particular corporation and in the case of this particular piece of property, that a settlement agreement by virtue of the resolution which you have been handed is the appropriate manner to solve the matter which will be in the best interests of th3 City of Miami. Mr. Plummer: I would also like to hear, are you concluded Sir? Mr. Lloyd: Yes, I assume you are going to ask the Public Works Department and the Planning Department to make a statement also. Mr. Plummer: Very definitely, I so request. Vice Mayor Gibson: Let us hear from them. Mr. Grimm, Director of Public Works: Father and members of the Commission, when this suit was instituted against the City, the City' Attorney's office asked the Department of Public Works their opinion as to the need for this road. I think maybe the simplest and clearest thing would be for me to read into the record the report that I wrote to the City Attorney's Office. Early in 1960, the Planning and Zoning Board recommended to the City Comm- ission a variance which would allow the construction of a 21 story apartment building in this area. This building is known today as Brickell Town House. As a result of this variance, the traffic division of the department of engineering coupled with the engineering and planning staff recognized that 'if this area were to go entirely high-rise, some provision should be made for a service road, specifically to serve the proposed development. It was also recognized that the possibility of creating a service road either along the bay or down the middle of these properties between Brickell Avenue and the Bay would be impossible, and therefore it was suggested that the service road be parallel with and adjacent to the existing road. There is no question that the need exists today as it did some 13 years ago, and as this area continues to develop, more and more importance will be focused on the need for this service facility. It is my understanding that the owners of the proposed development at 1901 Brickell Avenue which is referred to as the Brickell Yacht Club, have contested the 70' dedication. 013 MAY 2419i It is further my understanding that they would not contest the need for the service road if they were allowed to include this proposed service area under their floor area ratio calculations. This apartment takes the position that this service road is essential. We are concerned that this area be reserved and that the city's legal rights to develop this area when the need is imminent, not be jeopardized. Whether this is accomplished by dedication or by grant of easement is immaterial and if using the term, roadway easement, will enable us to reserve this for service area, I would certainly recommend that we take that course of action. As a matter of information, the area acquired from the Brickell Town House was by easement. The Brickell Ray Village and the C.T.A. Towers were also acquired by easement. The Brickell Bay Club immediately adjacent to the north of the Brickell Town House was acquired by dedication. The Brickell Mar Apartments which is immediately adjacent to the north of the Bay club was acquired in the platting process. The Brickell Yacht Club is now in the circumstance of having filed a tentative plat which would technically require the dedication. This was based I believe, on the requirement of Zoning Ordinance No. 711-111 passed and adopted in May 1963. To reiterate this departments position. We feel that a 70' strip is essential to provide service to the buildings which are now and will be developed east of Brickell Avenue between 15th and 25th Roads. We further feel that if this 70' strip can be reserved in any manner which will give the city the legal right .to develop this as a roadway it is acceptable. If a choice has to be made between losing the 70' service road and allowing this area to have more apartments, then it is my opinion that the service road should take precedence. Vice Mayor Gibson: All right. Mr. Plummer, you asked for someone else didn't you? Mr. Acton, Director of the Planning Department: Mr. Vice -Mayor, members of the Commission. During the last public hearing on this matter, the Planning Department stated that during the original hearing, we plus the Urban Development Review Board were looking for certain public amenities which at that time were not included so as a basis for our recommendation of this court case, the applicant has declared that he is willing to incorporate all of those amenities which we felt were vital to a project of this magnitude. Now these conditions that are attached to the settlement and will be illustrated by drawings that the applicant has with him, are as follows: #1 That the 4 Towers will be staggered at varying heights. #2 Dedication of the 70' service road right of way with full landscaping treatment. It wLU be the responsibility of the project to maintain the landscaped portion of the right of way. #3 Substantial landscaping and Trees to be placed in the Pool -Plaza area #4 Substantial size shade trees placed on the perimeter in the interior planting well on the site If you recall the Urban Development Review Board was interested in retaining a "Hammock" like environment for those projects that are going up in the Brickell area. It was felt that many of these projects are taking out very fine beautiful 100 year old trees and that it was incum- bent on the developers to replace what they have taken out with trees of substantial size. The point now, I would like to have the architect, who does have drawings that illustrate the 4 points to come forward. Mr. Plummer: Mr. Acton, I will ask that you make your statement first and then I have some questions before we come to the architect or anyone else. 014 MAY 2 41973 • Mr. Acton: Thats all. The first drawing is the landscape treatment of the pool area which has changed substantially in character from the original drawing. The size of the planting •area in the wells around the pool do include very sizable trees plus quite a bit of ground cover. The next drawing is a drawing of the entire site and illustrates the number and amount of trees to be placed on the entire site, both on the interior and the perimeter. Mrs. Gordon: Mr. Acton, I think you said the Urban Review Board has seen these drawings. Mr. Acton: Yes, that is correct. Mrs. Gordon: And they have approved these drawings, each and every one? Mr. Acton: Correct. The Commission did see the 70' landscaping scheme for the 70' right of way of Brickell Avenue. Mr. Plummer: Would you address yourself to the point of the floor area ratio? Mr. Acton: We had recommended a floor area ratio of 2.36 on that portion of the.. site that is left after dedication of the 70' road. Mr.Plummer: That is as of the last go -round. Mr. Acton: Correct. 2.36 based on the site minus the 70' dedication. This is the, virtually the same floor area ratio that was granted to the Forte project. It is .001 larger because the amount of land that the developer is giving up in the 1901 project in relationship to the entire project is larger than in the case of Forte. This project is narrower in width as compared to Forte which is quite long so consequently the 70' represent a much larger perecntage of the total site area required to give u Mr. Plummer: Do I recall at one time for this particular project , that you did recommend a 2. almost 60? Mr. Acton: We had recommended originally upon the first application that the Commission heard, a floor area ratio of 2.47 but this was based upon much larger unit sizes and based upon other considerations. The towers were much larger and the character of the development was much different than as presently viewed by the Commission. Mr. Plummer: If this in settlement of a suit were to be approved now, what precedent do you feel this would set for future development of Brickell Avenue? Mr. Acton: I think that the precedent that will be set is that the developers future developers along the Brickell Area will realize that the City of Miami City Commission is vitally interested in preserving and encouraging those projects which will gybe developed in the future in the Brickell Area to provide the landscaping treatment and physical amenities which will make it one of the most beautiful and attractive areas in Dade County or the United States, for that matter. Mr. Plummer: Mr. Acton, do you recall that Mrs. Gordon and I both were striving for certain things during the last hearing of this matter? Do you feel that this presentation as it stands today meets all of those requirements that this commission was trying to secure? Mr. Acton: I think that Mr. Turner can best answer this particular question. Mr. Turner, Asst. City Attorney: Mr. Plummer, based on Commissioner Gordon's request, we have added a new requirement here and the developers have agreed to it verbally last week, a Section S: The Developer will be governed by the same regulations and controls as those set out in Ordinance No. 6871, Article XXI-1 Planned Area Development (PAD). So this basically puts him under the PAD requirements which he agreed to go under at last commission meeting which was Commissioner Gordon's requirement. Vice Mayor Gibson: Last time we werehere, we wanted to know about the people on Brickell Avenue. Are they here today? Mr. Plummer: I think Father Gibson, more importantly whether they are here or not, that this courtesy notice did go out to all of these people who were so advised on the first notice and I think that should be made a part of the record that each and every one were notified by mail of this public hearing. Vice Mayor Gibson: They are not here. Did they respond in writing or otherwise? Mr. Plummer: Father, is your question, where is Mrs. Alexander? Mr. Dave Simpson, Exec.Secty Planning Board: To inform the Commission, on 5-11-73, the Planning Board Office sent a notice as drafted by the City Attorneys office that this Commission today ::at 10 o'clock was going to consider a resolution authorizing the City of Miami to enter into an agreed order in the case of E.H.G. Financial Corporation versus the City of Miami and the case numbers. Along with this notice of public hearing, the city attorneys office also requested that I send a copy of a memorandum from Mr. Reese to the Commission dated May 9, 1973. The City Attorneys memorandum to the Commissio dated May 1. Mr. Actons report to the city attorneys office dated April 17, the report of the Urban Development Review Board dated December 27 and the memorandum from Public Works of Mr. Grimm that Mr. Grimm read to the Commission today, dated February 22nd. This entire package went out to all the people on the mailing list within 375' of this project along with any civic organizations and I think there were 3 of them in the area. Mrs. Gordon: Is there anyone here at all in objection to this? Well I think we ought to move on. Mr. Plummer: For the record, Mam, what is your position in this matter? Would you speak into the microphone please? Answer: I am Mrs. Carey Jane Mc Gary, office is 501 Seybold Building, and I am a public stenographer -court reporter and the E.H.G. Financial Corporation asked me to come and report this. Mrs. Gordon: You are not an objector? Mrs. Mc Gary: No. Mr. Plummer: I then ask through the chair, this gentleman's name and address for the record, and who you represent sir? Answer: Name is Tom Hartnell, with the firm of Friedman and Lombardy, I was hired by the law firm of Frates-Lloyd. Mr. Plummer: Who do they represent sir, do you know? Answer: I am not sure frankly. All I had on my book was E.H.G. Financial Corp. Mr. Plummer: Sir, do you have something to add to this? Are you of the law firm? Answer: Yes Sir, my name is Alan Greer, Law firm of Frates-Lloyd-Pearson and Stewart and we represent the Brickell Bay Club. Mr. Plummer: That is John Forte? Mr. Greer: Yes your honor. Mr. Plummer: Do you wish to make any comments at this meeting? Mr. Greer: No your honor, we are just obtaining a transcript of the meeting. 016 MAY 2 41973 Vice Mayor Gibson: Any further comments? I want the record to reflect now that we have given all of the people concerned adequate opportunity to protest, complain or make suggestions. I want to ask a question. Did we get a written comment from the Review Board? Mr. Plummer: They were here at the last meeting. Father Gibson, to answer your question, I personally talked with Mr. Pancoast who was present at the last meeting to speak for the Review Board and as I recall his conversation, he was here to express that the Review Board were in concurrence with the recommendations, George is that correct? Mr. Acton: Yes they are, as a matter of fact Mr. Pancoast was supposed to be here this morning to endorse the recommendation of the Planning Department to the Commission but he evidently wasn't notified otherwise he would have been here. Mr. Plummer: For the record, can you state that this is with the concurrence of the Review Board? Mr. Acton: Yes. Rev. Gibson: Do we hear a motion? Mrs. Gordon: I will offer the motion based upon the fact that this application has complied with all of the desires for the type of development that this property should have, having received the blessing of our Urban Review Board, having agreed to continue under the regulations of the PAD Ordinance and under the review of the Urban Review Board. For these reasons, I move this resolution. Mr. Plummer: Mrs. Gordon what I was checking with the City Attorney on and I think we have in front of us a resolution stiuplating the 6 points that should be adopted in the resolution, it is prepared. Mrs. Gordon: Of course, the resolution is based on the items that lay before us and should be incorporated into the motion and would be. Mr. Plummer: Mrs. Gordon, this is the motion. Mrs. Gordon: Exactly but I am stating my reasons for making this motion. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-380 A RESOLUTION AUTHORIZING THE CITY ATTORNEY OF THE CITY ATTORNEY OF THE CITY OF MIAMI TO ENTER INTO AN AGREED ORDER IN THE CASE OF E. H. G. FINANCIAL CORPORATION VS. CITY OF MIAMI, CASE NOS. 73-998 AND 73-1017 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA (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 017 MAY 2 41973 f Vice Mayor Gibson: Counsel, you have read the resolution, Are you in accord? Mr. Friedlander: Yes. 13, VARIANCE REQUEST - LOT 25 LENNOX PARK Mayor Ferre announced the Commission was now ready to consider this request for variance to permit construction of an addition to a single family residence and asked if the applicant was present. Mr. Reese: Mr. Mayor, a lady presented me with a petition that is signed by a large number of property owners. The people couldn't be here but they want to file a definite protest against this. Mayor Ferre: Are the proponents here? We will here you Sir. Mr. Goodman: I am Walter Goodman, 4250 Lennox Drive, Miami. I have lived 17 years at one residence and previous to this I lived with my family. I am not a man who likes change or to move around. I like permanency. I have come down with all my household goods and furniture and things I treasure and consequently and I am also registered as a permanent resident of Miami and I can understand how the residents want to guard and protect the character of their neighborhood and thats why I chose to move here and its exactly the same idea as Center Island in New York. What I am asking for is not a change but an improvement and something I feel I need very much. I am respectfully asking the Commission to approve and it will not change the character of the house or will anyone even notice it, but to me it will mean a great deal. It is basically the logical place to put the room with no impact on anyone. What I am asking for is a single room which is going no closer to the line than what already exists. The house was built before the present laws within 9 to 10' of the property line. The studio study proposed is within the existing framework, it will pose no hardship to others, it will be skylighted and no windows will intrude on anyone. No one will really be aware that there was an addition. It will also add to the symetry to an already very nice house and provide a room which I desperately need. A hardship does exist since there is no place to add a room without asking for a variance and this is the logical place without intruding on anyone. The room will be a quiet place in back for me to write and study on weekends and in the evening. More importanttoo, it will provide an extra space I need without intruding on the plot. It would be a hardship for me to have to give up the use and pleasure of so many treasured articles after so many years because I could not have a place for them and finally it would provide an extra room when my mother who is 84 comes down to visit me in the winter and she will be coming with a nurse. I respectfully ask the members of the Commission of Miami to approve my application, thank you. Mr. Pawley, who is the architect, could possibly explain something. Mayor Ferre: Are there any opponents here?, other than those of record? Does the Commission want to ask any questions now? Is there a motion? Is there a motion? Mrs. Gordon: I don't Have a motion, I have a question, something I would like to know if there is any information in the files to show me. Apparently this addition Is in line with an existing portion of the structure is that correct? Mr. Goodman: That is correct. Mrs. Gordon: But your neighbors who are the closest to be affected by this addition are in objection according to the map on the wall. I would be interested in knowing how this addition that you are planning falls in line with their property, whether its abutting it close to it, or is their property off to the side and not affected by this directly? Mr. Goodman: Yes Mrs. Gordon, on the map, you will see, 1,2,3,4,5 pink properties. Those are all the way back so they are not even near it. Mine is the yellow property. oie MAY 241973 Mrs. Gordon: I am speaking of the one abutting it, contiguous with you. Mr. Goodman: Of the 3 contiguous with me, the only one that might possibly feel that she is affected is No. 1. Mrs. Gordon: Where is her improvements on her property in conjunction with your proposed addition? Mr. Goodman:_ Her improvements, there are none. the nearest thing is her clothes line. Mrs. Gordon: Where is the house she lives in? Mr. Goodman: Her house is in the center of her property. Mrs. Gordon: Does she own all 3 of those lots? Mr. Goodman: She owns just No. 1. Mrs. Gordon: I would need to inspect this property Mr. Mayor in order to make a decision upon it. I don't know how the other Commissioners feel about it but I would have to do that in order to vote on it. Mayor Ferre: I think the Commission has always extended that courtesy to anyone who has asked for it so this matter will then be deferred until - Mr. Plummer: I think that should be in the form of a motion and if so, I will second it - Mrs. Gordon: I'll move it. Mayor Ferre: A motion and a second. Any further discussion? Call the roll please. To the next meeting until Mrs. Gordon - next meeting will be on June 14th. Mr. Pawley: My name is Charles Pawley, I am the architect and I might be able to answer your questions. Mr. Plummer: Mr. Mayor, I think this gentleman would be out of order. There has been a motion made. Mrs. Gordon has asked for the courtesy of inspection and I believe thats been the policy of this commission. Mrs. Gordon: I would hear his opinion and it would help me in fact on inspection if I knew what he had to say Mr. Plummer. Mayor Ferre: Take back your motion and the second so we may hear from Mr. Pawley. Mrs. Gordon: Yes, so we may hear from you. Mr. Pawley: My name is Charles Harrison Pawley and I am an architect registered in the State of Florida and am doing this remodeling for Mr. Goodman. I worked on the house originally and am coming back to make these changes for him. As he said before, Lots 2 and down to 11 cannot see this addition whatsoever. Lot 1, just could conceivably see the room that is being added. What Mr. Goodman said in his statement but I am not sure that you understood it at that time was that the addition has no openings whatsoever so this is skylighted for light and ventilation. Mrs. Gordon: I know, thats not the point. Mr. Pawley: Then you would have to see it because the owner from the standpoint of visual communication or sound. There is no communication whatsoever so this neighbor is not affected in anyway. Mrs. Gordon: Mr. Pawley, that would not be the point. If her property or her room in her house or her Florida room or whatever were on that side where this addition is going to take place and this addition would be only 7' from the lot line, it would present a feeling of being closed in like a wall almost abutting her property. If this is not the case, then that objection would not exist. 019 MAY 2 41973 Mr. Pawley: I agree with you, I think you should see it because I Mrs. Gordon: All right, then I will move to defer. Mr. Plummer: Second. Thereupon the matter was deferred to the meeting of June 14, 1973 in order that the Commission might inspect the applicants property and the matter was deferred by unanimous vote. 14, Fri41,0111 KSZS miTiI CAYflEhms SELY 8.25' LOTS 3 AND N.50' Mr. Cavanaugh: Good morning, rry name is Dan Cavanaugh, attorney for Donald Lee and Wilfredo Borrodc, the applicantsfor this conditional use. My address is 3652 Poinciana Avenue, Coconut Grove. I will be very brief with this presentation. This is an application for a conditional use as a Planned Unit Development for property located on your map there, on Bird Avenue just to the east of 27th Avenue. This, I participated some years ago in the formulation and adoption of a planned unit development ordinance and if I may respectfully say so, I think this is the kind of a development which the Planned Unit Development ordinance was adopted for. It enables you to use an irregularly shaped piece of property in an ingenius and attractive way. It is presently zoned R-2. There are 415 lots which could conceivably accomodate 9 R-2 units, however, my clients development consists of only 8 units. They are actually using less of the property than thy would theoretically be entitled to use if they developed simply as R-2. Initially there were a few objectors in the neighborhood. My clients went around to see every person in the neighborhood who did initially object and the result of that was that 2 persons specifically and in writing withdrew their objection and 1 was Mrs. Helen ?rill at 3026 Aviation Avenue. Also Mrs. Almberg withdrew her objection. I would also mention that the Coconut Grove Civic Club has endorsed this Planned Unit Development as a commendable project for Coconut Grove. Representatives of the Tigertail Association who are the Civic Association appeared in person at the hearing and they wholly endorsed this application. (The letters described above were filed with the City Clerk and are made a part of the papers of this meeting) Mrs. Gordon: I have always been a proponent of a Planned Unit Development, in fact, both J. L. and I were on the Planning Board when this ordinance was first developed and I feel if there ever was a piece of property that was adaptable to a Planned Unit Development and probably no other kind of development, it is this, so I would like to move this approval. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-381 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 ON LOTS 1 AND 2 LESS SE'LY 8.25' LOTS 3, 25 AND N 50' LOT 24, BLOCK 12, NEW BISCAYNE AMD (B-16), LOCATED AT APP- ROXIMATELY 2650 BIRD AVENUE, CONSISTING OF 8 UNITS IN 5 BUILDINGS, AS PER P'.4N ON FILE IN THE PLANNING BOARD OFFICE, SITE ZONED R-'z (TWO-FAMILY) DISTRICT (Here follows body of resoluti^n, omitted here and on file in the City Clerks Office) o ) MAY 241973 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. 15, CONDITIONAL USE - PLAT #843-B PERELIS SUBDIVISION The architect for the project appeared and outlined the proposed facility to the Commission. No objectors appeared. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-382 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 1 (4-A) TO PERMIT CONSTRUCTION OF A PATIO TOWNHOUSE DEVELOPMENT ON "PERELIS SUBDIVISION" - TENTATIVE PLAT #843-B, LOCATED AT APPROXIMATELY 2425 N. W. 11TH STREET, CONSISTING OF 30 UNITS, 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 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 16, ACCEPT COMPLETED CONSTRUCTION - S. E. 15 ROAD SIDEWALK gREMENT The Mayor announced the Commission was now ready to hear any objections to acceptance of the completed work as described above. No objectors appeared. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-383 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF FLORIDA CONCRETE CONTRACTORS FOR THE CONSTRUCTION OF S. E. 15 ROAD SIDEWALK IMPROVEMENT SK-4356 IN S. E. 15 ROAD SIDEWALK IMPROVEMENT DISTRICT SK-4356 AT A TOTAL COST OF $7,331.10 AND AUTHORIZING A FINAL PAYMENT OF $733.11 (Here follows body of resolution, omitted here and on file in the City Clerks Off?.ce) 021 MAY 2 41 73 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 17. AMEND ORDINANCE 6871-ELY 150' LOT 19 VIRGINIA PARK SUB Mr. Coppen: My name is Robert Coppen, my address is 840 N. E. 76th Street, Miami. This is an application for change of zoning to pave the way for the construction of a 5-story condominium office building. Our Little River area has of course for some time been struggling with a plan of redevelopment. We have been plagued with a number of businesses which we do not think are proper for the area so a group of the businessmen have put themselves together known as Control Development Company with the express view of trying to do something for the area. We bought this particular piece of property back in 1971 andat that time it had a large 2-story residential home on the property that is presently before you for consideration. This property as you can see from the map is actually one large tract bounded on all sides by a street. There is no division there between the yellow and blue. This is a single tract of land and the split zoning I suspect is the result of the use put to the property many years ago when the owner at that time had his home in the yellow section and the blue portion facing N.E. 2nd Avenue has been and continues at this time to be the commercial. N. E. 82 Street, I am sure all of you will recall is now the main thoroughfare taking the traffic from our 79th street causeway and going west. This, the Commission saw the wisdom of putting this street in I guess 5 or 6 years ago and of course, it changed the character of 82nd street from a residential artery into a main thoroughfare as it �xi.sts today so the character of Little River and at the intersection tiat we speak of now is heavy traffic one- way on 82nd street going west. 79th street carries the traffic to the east. Now the requirement that we had in going forward with our building which as I say is a 5-story office building which we believe is the right kind of development for Little River. We understand in talking with the Planning Department and the various advisors through the years that our area isno longer a retail shopping center. It really cannot come back as a shopping center. It must go into the office type development. I know you will recall, it was only a month ago, the First State Bank of Miami was down here and had plans approved for a 7 story building to be constructed for itself at the intersection of 79th street and 2nd Avenue. Mr. Mike Garner who is the president of First State Bank is in fact a principal of this corporation with myself and a Mr. Lance Cooper. I have practiced law in Little River 20 years, I own considerable property in the area and certainly we have been pioneers in the area. Several property owners in the Little River appeared to support the application for change of zoning. Mr. Coppen explained the property owners wanted the best possible thing for the re -development of Little River and that the Commission could depend.upon their representation as proposed for this project. Mayor Ferre called for objectors and none appeared. Mr. Acton, Dir.of P1.Dpt: We are not against the proposed development. Our only concern is that the adjacent residences are adequately buffered by the proposed parking lot. That was the reason we recommended that the zoning line extend to the east in a straight line down from the existing division to the north. We don't oppose the development in this area which does need renewal. We just want to make sure that the homes that surround this proposed project on 3 sides and those homes are very fine and well maintained and I do believe they should be entitled to adequate control of traffic and should be adequately buffered by adequate landscaping around the perimeter of the parking lot. Mrs. Gordon: How do you feel about that suggestion? Mr. Coppen: I believe we have submitted our plan to the Planning and Zoning Department and have incorporated all of the requisite buffering and zoning that is proper. We want it ourselves. We have so designed it in our plan and this is the pictorial view of what we propose and I know of no negative comment by the Planning and Zoning Department. We came down with one set of plans and they recommended certain changes and Q22 MAY 2 41973 certain things to be done. It was originally envisioned as a 6-story building but we lost space as a result of buffering and parking and it was then allowed at 5 stories so this is the first comment made to me by the department and I can only surmize that what they saw, they approved , because I have heard no objections. Mrs. Gordon: I am not opposed to your kind of development taking place however, we do need to consider how it can be done without any detrimental affect on the surrounding area unless this entire area has changed to such a degree that perhaps the entire area has to have a study and a look to see if its ready for some other changes. My opinion of changing this entire lot to the classification of commercial use might affect the other properties unless it was done on an overall basis. You could use the area for parking even if it wasn't a zoning change in its entirety because you could use it on a conditional use for parking. You would have basically the same affect. Mr. Acton: That's incorrect Commissioner Gordon, Mr. Simpson will respond to it but we no longer use conditional use -off-street parking as being counted in toward the total floor area ratio. Mrs. Gordon: Well that's a point that I wasn't aware of that you were using that for floor area ratio and thats why - Mr. Coppen: This is why I must on advice of the Board bring it in before you this way. Mrs. Gordon: Is that 3 directly to the east of the yellow line? The R is on it and I can't tell if its a lot or a street. Mr. Acton: Its a street and there are two homes on that little street. Mrs. Gordon: On the other side of the street, then the transitional use would not apply to those homes. Mr. Acton: My comments only were that the proposed parking lot for the development should be adequately screened and buffered from the surrounding residences and also ingress and egress to that parking lot. Mrs. Gordon: Thats not the point, Mr. Acton, I thought here on that map where the R is covering that space, that that was a lot instead of a street. If it were a lot, they would then have the opportunity of apply- ing a transitional use which would then permit an apartment building which of course is not in character with that lot, so otherwise, I just wanted to comment that reason. Mr. Coppen: It is a fact that all these people who are closely related to the property have joined with us in the petition. Not only are there no objections, they have supported and signed the petition. Rev. Gibson: How do we accomplish with what Mr. Acton said by giving you what you want, what you need, how do we accomplish it? Mt Coppen: To respond. I have brought to the department '-my plan, here it is. This is with the buffering and with the landscaping and with the placement of the parking. Now without knowing anymore about the inner workings of the City, I can only say this is what we propose, this is what I think is satisfactory and I believe this answers and accomplishes the concern of the Department. Mr. Acton: I asked Mr. Simpson if there was a plan of this building on file in his office and he said no. I personally have not reviewed the project but I do believe and you can't condition a change of zoning, the best we can hope for is that the applicant will work with the various affected departments providing those amenities and safeguards for the surrounding area and he says he will. I don't see any reason why he could not come in between the first and second hearing to review the project with the department. 023 MAY 2 41973 Mr. Coppen: Let me respond because this came up the last time and the statement was made that the plan was not on file and I AM SURE your department will explain that they will not receive it. I tendered it, I offered it, but it is your city's policy that you won't take this plan and the statement made by this gentleman would indicate that we never did and that's not a proper impression to leave with this commission. Mayor Ferre: Will you between the first and second hearing bring these? Mr. Coppen: I can leave it right today. Its prepared and ready. Mrs. Gordon: Mr. Mayor, I will move approval. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE EASTERLY 150' OF LOT 19, VIRGINIA PARK SUB (10-43), SUBJECT TO DEDICATION OF THE NECESSARY RIGHT OF WAY, LOCATED AT NORTHWEST CORNER OF N. E. 82ND STREET AND N. E. 2ND COURT FROM R-2 ('IWO-FAMILY) TO C-2 (COMMUNITY - GENERAL) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDIN- ANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon,.Reverend Gibson and Mrs. Gordon. NOES: None 18, ZONING STUDY REQUEST FOR LITTLE RIVER AREA Mayor Ferre recognized Mr. Gordon Smith, owner of Little River Jewelry and past president of the Little River Commerce Association. Mr. Smith: You people are familiar with me over a great many years and know that I only have the interests of Miami at heart. Little River is my primary interest at the moment. We have a transitional period that is taking place in our area. I am going to agree with Mrs. Gordon that our area needs a re -looking at. How long its going to take you, I don't know, but I would suggest that you take a good solid look at the area because many things are in the offing, they are being planned right now. As you know we have gone through the last 5 to 6 years that have been nothing but deterioration. Finally wr recognized among our own people that the time is to move and now is the time, so if you would please Mr. Mayor and Commission, do something to start a movement to take a new look at this, correct the zoning inadequacies that are taking place out there and improve it so improvement can be made. Mayor Ferre: I would like to thank you for being here today. We all know you and recognize you as being one of the leaders of this city. You have always as you said, had the interests of this community at heart. I think your request is a reasonable one and Mr. Acton, we have in the past made specific studies of areas. Last time, we heard an area in the northeast section of the city. This is a specific request which I think we all concur with and I would like to specifically request that the City and your department make a study and come back with' specific recommendations like we have on other areas in the past. Mrs. Gordon: I think this needs a motion and I will so move. 024 MAY 241973 Mr. Plummer: Mr. Mayor, I think it would be proper and I would ask as a favor to this Commission that Mr. Smith submit to the department and dileneate the area that you feel is involved. Little River, I am sure everyone has their own ideas where the boundaries are, but Mr. Smith you knowing the area better than anyone, that if you would submit to the Planning Department that area that you and the rest of the people of Little River feel is the area that needs the study, I think it would be very helpful that you dileneate those areas. Mayor Ferre: Then by the next meeting, if you would come back with a dilineation of the area and a time schedule - The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-384 A RESOLUTION REQUESTING THE PLANNING DEPARTMENT OF THE CITY OF MIAMI TO INSTITUTE A ZONING STUDY OF THE "LITTLE RIVER" AREA OF THE CITY OF MIAMI WITH SPECIFIC DILINEATION OF THE AREA TO BE STUDIED TO BE DETERMINED UPON RECEIPT OF INPUT PROPOSALS TO THE PLANNING DEPARTMENT FROM A REPRESENTATIVE GROUP OF PROPERTY OWNERS IN THE AREA (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: Mssrs. Plummer, Reboso, MRs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 19, PLANNED AREA DEVELOPMENT - FORMAN SUB The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-385 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEV- ELOPMENT TO BE LOCATED ON FORMAN SUB (90-99), AT 2920 N. W. 18TH AVENUE, PURSUANT TO ORDINANCE NO. 6871, ARTICLE XXI-1, TO PERMIT CONSTRUCTION OF COMMUNITY CENTER FOR THE ELDERLY IN CONJUNCTION WITH PROJECT KNOWN AS THREE TOWERS; ZONED R-4 (MEDIUM DENSITY MULTIPLE) 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 Mr. Robert D. Zahner, Attorney representing the applicant appeared. 025 MAY 2,4i973 20, l KI N(it /UNINU t�L�►J�IrIWu IuI' - LU 1 J 1J i nRu LU JJLU-�� JJI1 • less E 37.5= and N 50ft of w 12.5 ft of LOT 19 and lass N.50 ft of lot 18 MIAMI (B-41) AND PLANNED AREA DEVELOPMENT (SAME LEGAL DESCRIPTION) The Mayor announced the Commission was now ready to consider this matter and a representative of Little H.U.D. appeared. Reverend Gibson announced that since he served on that board, he would abstain from voting on this matter. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 13 THRU 20, BLOCK 69N; AND BLOCK 72N LESS LOT 20 AND LESS E 37.5' AND N 50' OF W 12.5' OF LOT 19, AND LESS N 50' LOT 18, MIAMI (B-41), LOCATED AT APPROX- IMATELY 550 N. W. 5TH STREET, FROM C-4 (General Commercial) AND C-5 (Liberal 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 and Mayor Ferre. ABSTAINING: Reverend Gibson. NOES: None The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-386 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEVELOPMENT TO BE LOCATED ON LOTS 13 THRU 20, BLOCK 69N, AND BLOCK 72N, LESS LOT 20 AND LESS E 37.5' AND N 50' OF W 12.5' OF LOT 19 AND LESS N 50' OF LOT 18, MIAMI (B-41), LOCATED AT APPROXIMATELY 550 N. W. 5TH STREET PURSUANT TO ORDINANCE NO. 6871, ARTICLE XXI-1, SUBJECT TO LANDSCAPING AS APPROVED BY THE PLANNING DEPARTMENT ZONED C-4 (GENERAL COMMERCIAL) AND C-5 (LIBERAL COMM- ERCIAL), PROPOSED TO BE REZONED R-4 (MEDIUM DENSITY MULTIPLE) 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. Plummer, Reboso, Mrs. Gordon and Mayor Ferre. ABSTAINING: Reverend Gibson. NOES: None. 026 MAY 2 41973 21, AREA HEARING - CHANGE ZONING CLASSIFICATION LOT 1, BLOCK2 MARCELLUS DEARBORN SUB Mr. Acton: Mr. Mayor and Commissioners, this is a city initiated item. The reason for this area hearing is because the owner of two of the, actually its the Marcellus Dearborn Subdivision, had come in with a request of zoning from the existing R-2 to R-3. The Planning Department at that time felt that this would be furtherance of spot zoning in this particular area which would basically be and is of a low density residentia character, so it was our recommendation to the City Commission that this item be referred back to the Planning and Zoning Board for recommendation of application for R-3A to the entire block under consideration, thereby eliminating the R-4 and resulting in a zoning classification that would be more in character with the surrounding R-2 classification. If the Commission recalls, the R-3A zoning district was developed primarily to serve adjoining areas on arterial streets so as to keep the scale and the density more in character with surrounding low density zoning district classifications, so actually the Planning Department is recommendin that the City Commission change the zoning in this area to R-3A to make it more compatible with the surrounding area. Mayor Ferre: Are there 'any questions of Mr. Acton? Mr. Plummer: Mr. Acton if I understand what you say, 'you think that this is a very healthy compromise. Mr. Acton: Yes Sir, we believe that the R-3A zoning classification is more compatible with the surrounding low density R-2 than the existence of the R-4 spot zoning or R-3 which are -more intensely developed. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FUR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA INCLUDING THE N 250' OF THE S 450' OF LOT 1, BLOCK 2, MARCELLUS DEARBORN SUB (B-26), LOCATED SOUTH OF S. W. 19TH STREET ON THE WEST SIDE OF S. W. 17TH AVENUE, FROM R-1 (One -Family) AND R-4 (Medium Den- sity Multiple) TO R-3A (Low density apartment) DISTRICT was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading by title by the following vote - AYES: Messr. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 22, TRAFFIC(PARKING) PROBLEMS III R-3A PIING DISTRICTS Cd!R}Riggidner Plummer: Mr. Acton, I would like to bring to your attention a problem that I think needs study by your department and I invite you Sir to take a look at the R-3A along Brickell Avenue. I think that this Commission recognized some problems based. on this development but I think additional problems are there. Every night as I drive by these developments, I am overwhelmed by the amount of problems presented by parking. Each one of these developments I have noticed that parking is in the aisles, around, everywhere that there can be a car stuck on this property, is being done. I think it behooves your department at this time to take a fresh look at the R-3A and come back to this Commission with further recommendations as it pertains principally to parking. I think that the department needs to expand the parking regulations as it pertains to R-3A. I will only conclude that remark by saying, I think one of the problems that is being generated is being generated by guests or visitors and some consideration might be given to the allocation of parking spaces for guests and visitors, so I will Mr. Mayor at this time make a motion that the Planning Department take a fresh look at the R-3A as it pertains 027 as it pertains to parking and they have my thoughts. Mrs. Gordon: May I amend your, well there wasn't a second but I will second it if you will accept an amendment. Mr. Plummer: I'll listen to your amendment. Mrs. Gordon: The amendment would be that the Planning Department take a look at parking in all of the classifications of our ordinance and in particularly into the R-4. If you recall a year or so ago, we conceded under 6 units remain on a 1 for 1. I believe that conditions have worsened in this past year and I believe that we can no longer continue to grant this type of concession because the congestion problems particularly in the area where the streets are so extremely narrow as we mentioned, as I asked for a traffic study at the last Commission meeting in the Little Havana section. It is this same section that is increasingly building up with more and more congestion in the streets because of the fact that we provided this escape hatch at our last consideration of our parking requirements. If you will accept the amendment that R-4 be included, I will second your motion. Mr. Plummer: I would be happy to accept the amendment but I would like an immeti.ate answer on the R-3A, I think that is the most pressing problem. Mrs. Gordon: Well I would like an immediate answer on all of it so - Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-387 A RESOLUTION REQUESTING THE PLANNING DEPARTMENT OF THE CITY OF MIAMI TO INSTITUTE A STUDY OF PARKING PROBLEMS IN R-3A AND R-4 ZONING DISTRICTS OF THE CITY AND TO SUBMIT THEIR RECOMMENDATIONS TO THE CITY COMMISSION AT THE EARLIEST POSSIBLE DATE (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 028 MAY 2 41973 414 23, DISCUSSION OF THE CITY ATTORNEY Mayor Ferre: At this time, I am going to turn over the chair to the Vice Mayor for the purpose of offering a resolution to change the Charter of the City of Miami. Mrs. Gordon: Mr. Mayor, may I ask you please if you would let Mr. Rothstein explain and express his views before any resolution. Mayor Ferre: Mrs. Gordon I have turned the chair over to Father Gibson and asked to be recognized for the purpose of a Charter Amendment which I think takes precedence. I offer the following Charter Change: Section 21: Department of Law The City Attorney shall be a full time governmental employee. He shall not engage in the private practice of law. The City Attorney shall be elected by the City Commission and will serve at the will of the City Commission. Now I would like to explain that I think we have had this matter expressed before the public. It is my opinion that the citizens of the City of Miami should express their opinion publically and that it should be a matter of record. The importance of that is an ordinance can be changed at any time by any Commission and I think this is a matter that should be settled by the people of Miami once and for all and I so offer the motion to direct the City Attorney to prepare the proposed Charter Amendment and put it on the November ballot. Mrs. Gordon: I would second that motion and on discussion on the motion. Do we have discussion? Reverend Gibson: Right. Mrs. Gordon: On discussion on the motion, I would like to say that what lies before us is not only a matter of setting the tone for what we wish to have in the future, but what lies before us is to move this Charter Amendment for permanent ruling but then after this has been acted upon, I wish to place on the table a motion for an immediate action by this Commission which would set the policy and tone so that the public when they go to the Polls in November will know that this Commission want's to have a full time City Attorney. I am speaking for the motion. Mr.. Plummer: Mr. Vice Mayor, I would like to ask for only clarification. I am not speaking for or against the motion at this time. That clarif- ication by action of this Commission, I think about 4 maybe 6 weeks ago, it was requested by you Father Gibson, that the City Manager undertake to solicit other major metropolitan areas as to what they use as a criteria the two questions basically were to be: Do you have a full time or part time City Attorney? And to that response would they please inform us as to what payment is made to that Attorney? I would like to ask at this time of the City Manager, what is the position, have the letters gone out, and if so, have any responses come back, Mr. Reese? Mr. Reese.: I have contacted the International City Manager's Association who puts out the yearly book on the different individuals and positions that are occupied throughout Manager form of government as well as other governments and they are void on the City Manager, so I contacted them to find out why, and they pointed out they were not successful because different communities have different positions in their charter of how the City Attorney would be hired and what his performance would be. Then I contacted Nimlow which is the National Organization for City Attor- neys and they did not have any statistics as to how the City Attorney;s are hired or paid and the members of this association were not overly enthusiastic to fill out the questionaire and supply the information, so they have never been able to gather, so I am therefore trying to contact the Manager's of the largest cities, the Manager's of the large cities have a special organization and they are going to supply me with the findings in their particular communities. IE: Cincinatti, Kansas City, Fort Worth, Dallas etc. 029 MAY 2 41973 fra Mr. Plummer: Mr. Reese in fairness to this proposal that has been set forth today by the Mayor. Do you expect or hope to expect something within the next 60 to 90 days? Mr. Reese: Yes Sir. Mr. Plummer: Mr. Mayor, I am sorry to deviate but that had been requested by Father Gibson before and I think this would be helpful information not only to this Commission but also the people when they gc to vote on this proposed Charter Amendment. Vice Mayor Gibson: All right, any further comments? The motion was made and seconded, call the roll please. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-388 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED CHARTER AMENDMENT TO CHANGE SECTION 21 OF SAID CHARTER TO PROVIDE THAT THE CITY ATTORNEY SHALL BE A FULL TIME GOVERNMENTAL EMPLOYEE; HE SHALL NOT ENGAGE IN THE PRIVATE PRACTICE OF LAW; THE CITY ATTORNEY WILL BE ELECTED BY THE CITY COMMISSION AND WILL SERVE AT THE WILL OF THE CITY COMMISSION; SAID PROPOSAL TO BE SUBMITTED TO THE ELECTORATE OF THE CITY OF MIAMI AT THE NEXT ELECTION TO BE HELD IN NOVEMBER 1973 (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 NOTE: Prior to the introduction of the preceding resolution, Mayor Ferre surrendered the chair to Vice Mayor Gibson and following the adoption of the resolution, the Mayor resumed the chair. Mayor Ferre: Now, I will recognize Mrs. Gordon for a statement. Mrs. Gordon: Mr. Mayor, may we first, before anything further is done, before I offer the motion which I intend tc make, may we please hear from Mr. Rothstein? at this time. Mayor Ferre: Well wouldn't it be better if you make a motion? Mrs. Gordon: No it would be more pertinent to the matters that lie before us if we could hear from him and hear his position and his comments about the matters that have been made public in the past week and I would want to hear from him before I go any further. . Mayor Ferre: All right Mrs. Gordon. Mr. Rothstein if you will take your seat again, the chair will recognize you for your statement. HIS OFFICOIALLPOSITTI'ON ASRLITYAATTORNEYEAT,THISCITY MEETING, RESUMED Mr. Rothstein: Mr. Mayor, Mrs. Gordon has been obviously upset because I did not respond to the Press and Media to the various articles. This is my 6th year as City Attorney and when these articles started to appear, unhappily, Mrs. Gordon did not give me the common courtesy to call me. Obviously from the statement she has just made about being ready to offer an ordinance but she wants to hear from me first, she has pre -judged the situation and obviously she has her own purposes and reasons for doing that. 030 MAY 241973 s a t WILL get to that in a little bit. During the past week, I have continually resisted any move to respond to press criticism which in some cases, I found to be inaccurate and irresponsible. I have held back any comments strictly on the basis of saying that any explanation in any form whatsoever should be made to the people of the City of Miami through their City Commission and hence I have told several of the individual Commissioners that I would respond in public to the Commission and that way to the people. Errors by the media occur in many ways and mis-statements of facts in many ways. For example: There was an editorial carried yesterday in the Miami Herald commenting on the cooperative attempt of the City of Miami and the County of Dade and referring to areas of cooperation between the two, and it said in the editorial; by the editorial staff of the Herald who have presumed to say to you that they are the voice of the people, and they know what is best for the City of Miami as opposed to the people and they say: "We can think of many other ways that there can be cooperation, such as the Courts which go over to Metro in several years anyway so why not now?" They apparently did not take enough interest to know that on October 1, 1972, the Courts were already turned over. To further show you that the errors by the media and misstatements of fact come into play and its germaine because they wrote many many words about me, and about my family. The same media alluding by inuendo to something terrible in what they call an investigation obviously didn't check their facts. -- I will now present to the Commission, a certified statement which took place at a conference between the Internal Revenue Agent, Mr. Jones in charge of the re-examination of my books and records, which clearly says_ as follows: Mn. Jones: As I have explained to you pnev.Louaty, this is stniet.ey an .invezt.iga.t.ion o6 h.ia income matte t on. the yeatz , 1969, 1970 and 1971. Mn. Jones: It's an .income tax investigation, Mn.. Gneenbeng: Going back to the beginning you wene tatk.ing about an investigation as to his income taxes. Mn. Jone4: That'4 night. That's what I am investigating. Now this type of investigation is the same type of standard normal inves- tigation or re-examination that could be conducted and is conducted on thousands of individuals in the United States. I will say that the gentleman from the I.R.S. have conducted it as gentlemen they have spoken to many people. Everybody they have spoken to has made it very clear that it is an investigation into those income tax matters and that there are no charges pending, that there were no charges made and that they are trying to get information. I further should advise you of the fact which the media did not advise that in the Spring, about April 1972, Internal Revenue Agents came to me and my Accountant, and told me they were re-examining my tax returns for 69, 70, and 71. At that time, I voluntarily turned over all my books and records to the I.R.S. The I.R.S. kept them until the summer of 1972 and then returned them. There were no charges made nor are any pending. In answer to questions, both Mr. Jones, and the Intelligence Division Chief Mr. Radcliff, said: This is an examination of the books and records of those years which I have cooperated. This examination was going on for a year and apparently its still going on. It has happened to many people. I hope this says to you, these few things that I have pointed out factually that you really can't believe everything you read in the newspaper, when newspapers have an axe to grind. People who pre -judge, based on newspaper articles, are not doing what we do here in the United States to give people their opportunity. Before addressing myself to other matters, let me start by saying that #1 Mayor Ferre's proposal for a referendum on the ballot in November asking the Citizens whether they want a full time or part time Attorney is good and it is my idea of a decision by the people in a democracy. 031 MAY 2 41973 The arguments for and against that type of system can then be aired to the public prior to the time they vote, and the true voice of the people can be heard, not that of the press as such. I will say this to the Commission. No matter what the circumstances, I have no right to subject my wife and my family to further abuse by inuendo. I will tell you as City Commissioners and Mayor, that under no circumstance, will I seek or accept re -appointment to this job after my term expires in November no matter which way the people vote. There were articles about private investment. One article was very long. 4 years ago in 1969, as a private and business investment, I determined that there was a possibility of building a Casino and Hotel in Guadalupe in the French West Indies. Presently and at that time, there was one hotel and casion, a small one, the French government was very anxious to have people come in and do business, especially from the United States because it would enable a new flow of tourism from the United States. The concept at the time with the great encouragement of the french govern- ment, as a matter of fact the french government was going to finance half the project, was great encouragement by them. The transaction has long been disbanded and was a dead issue for 4 years until the Miami Herald carried a letter I wrote using city stationary typed by my own private secretary. This was a mistake in judgment, no question about it. I feel that a clear reading of the letter showed that at no time did I compromise the City of Miami by using the letterhead. There was no influence used while of course, it was an error in judgment at the time, it is obvious from the letter that I was not in any way nor did anybody conclude that the City of Miami was involved. Certainly the content of the letter and the Herald's headline and personal attacks to the extent of sending reporters thousands of miles to inter- view my wifes ex-husband had no bearing whatsoever on the question of my fitness professionally as City Attorney. There is another area of private activity that the Herald by inuendo and vicious headlines attacked me. That dealt with the investigators in my office and so that I address myself openly to every aspect of the press reports, I will comment on the story that personnel doing trial investigation work for my office from 69 to 71 and they are not there and they weren't there since 71, were under surveillance by the federal government and the state government and had spent time in prison. These men were used by me upon the recommendation of an investigator licensed by the State of Florida, and for the purpose of assisting him. I originally had no knowledge of their record and once they were doing the job, I was concerned only about the efficiency of the job they did. I had no knowledge at that time nor do T now, that they were under sur- veillance but if you accept the facts as stated in the Herald, that they were under surveillance from 1969 to 1971, and that the various governmental agencies have given no report of wrong doing by them, and that the various governmental agencies have not taken action against them or me, I can only assume that the governmental agencies in question have given them the stamp of approval in their rehabilitation. It is my personal opinion, that the media, the Miami Herald, and those in the TV media who chose to play up this situation by the way they presented these facts, set the cause of rehabilitation of persons who have paid their debt to society back so far in Dade County, as to make it impossible for any Dade County business to hire anyone who has served their sentence and who is looking for a meaningful life. There is no employer in Dade County who will never know when he too will gain the ire of the Herald and be attacked. To take a position as the Herald has and some of the other media, and find that the past actions of an employee should be reflected on the employer is a horribly dangerous game. After 51 years of service to the City of Miami, and after being appointed to my 3rd term, I would hope that the Commissioners considering these matters will look to the service I have rendered and the professional competency of the department which I run. • 032 MAY 2 4197 I would like to share with you, an experience that I had in my office last week before the second article they wrote. The two gentlemen and I use the word in quotes from the Miami Herald, whose specialty is writing articles that destroy people, came to my office and when they came and asked to talk to me, I came out into the office and I looked at their faces. The two of them, their faces were filled with venom, hate, anger, and filled with the pleasure at the thought that they were destroying me. I did not talk to them, I could not. I only feel pity for them and for the few people, not all, but the few people who are on the editorial staff of the Miami Herald who abuse the freedom of the press and take pleasure in using Judges and Lawyers and Public Officials for their targets without sticking to the facts. If there are any questions the Commission has, I will do my best to answer them or provide further information. Mr. Reboso: Mr. Mayor? Mayor Ferre: I will recognize Commissioner Reboso.' Mr. Reboso: Mr. Mayor, as I stated previously I think it was a mistake to use the stationary of the City of Miami for private practice. The thing that has been bothering me, I would like to see if the City Attorney will clarify that for me and that is in that article in the Miami Herald, the word "narcotics" was used a few times and I would like to know what connection has that with this investigation? Mr. Rothstein: Well there is as you can see from what the people in charge of the investigation which I gave to you have said, no narcotics investigation. This was part of the Herald's big lie and attack on me to destroy me. There is no one in the federal government who has said to therm that it is a narcotics investigation because no one has said that to me. The men who supposedly were involved are men who according to the articles, the government watched from 69 to 71 when they left me. No arrests were made and I certainly would assume that if the federal gov- ernment was aware of narcotics violations, they would make arrests. This is an out and out attempt by the Miami Herald to destroy me as part of their overall general effort to destroy the City of Miami. . They have written articles and editorials galore - destroy the City. You heard Mrs. Rockafellar say today, "we don't want to go over to Metro" but the Herald wants to go to Metro, the City, and the reason is power. The citizens of Miami know who their elected officials are. Mrs. Rockafellar who is strong with all the organizations has expressed her confidence in this Commission. She I suggest to you, is a greater voice of the people than the Miami Herald Editorial Staff. Now unfortunately some of the TV media have picked up that big lie and have said the same thing that there is a narcotics investigation. I can only tell you that there is a certified statement in front of you by the people who are doing the investigation, that it is only into income tax records, that it is a re-examination which started over a year ago when I voluntarily gave them my books and records. Now, unfortunately the Herald has some puppets, one of which is Mike Calhoun. He was in the paper yesterday. He wants to destroy the City of Miami. He wants consolidation. It was very strange that the Herald wrote a big article about Commissioner Calhoun going to U. S. Attorney Rusk along with some I.R.S. people and not the I.R.S. people who were conducting the investigation by the way, some other I.R.S. people and all of a sudden, its a big publicity about an I.R.S. investigation. . There is a method to the madness of the Miami Herald and the people who are subject to their power and their control and that is that they want the City of Miami consolidated so when election time, the vote of the people of the City of Miami will be dissolved into county wide and that the Miami Herald can elect and control the gentlemen who run the government in Dade County. Mrs. Gordon: Mr. Mayor? Mr. Plummer: I have some questions. Mayor Ferre: Well lets get all the questions out and then we can make statements and then make a motion. Let me ask you a question Mr. Rothstein. Following up what Commissioner Reboso has asked. I think the question is that was it a Narcotics Bureau or Narcotics Agent or something like that, that was investigation this 033 • MAY 241973 could you explain the reason for that? Mr. Rothstein: I can only assume, since this self same gentleman is the one who made this statement and this is what he has told everybody, all along, including the Herald, I can only assume that he originally was with that division in Washington and that he was assigned here to help the local intelligence division in I.R.S. matters and he ,took over the investigation in my case, but I think it is safe for me to say that not one of any governmental official has ever said anybody that there was a narcotics investigation. The Herald picked up an inuendo here, an inuendo there, put it together and wrote a big headline that really didn't relate to the body of facts. Mayor Ferre: Let me see if I understand this right. What you are saying is that the gentleman was with the narcotics bureau before but in this specific case, he was assigned to I.R.S. investigation. Mr. Rothstein: I don't know that for a fact. I only know that he was with the narcotics bureau in Washington when he came down here, he was assigned to the intelligence division down here, he was assigned to my re-examination, and he made these statements. Mayor Ferre: Any further questions? Mr. Plummer. Mr. Plummer: First just let me comment on one matter . All of us are elected officials, and Mr. Reese and the City Attorney are public officials. Without commenting on the rights or the wrongs of the case, the thing that hurts me deeply and Mr. Rothstein eluded to it, and I can only be hopeful in the future that my comments will kept in mind, we subject ourselves to election, public office, but I think there should be a line drawn, and a very clear line, that we do not subject our families. This is to me is very unfair to have our families who have done no wrong, except to support us, should be dragged into matters that they are not involved and I can only hope that in the future, not just my family but each and everyone of us here and public officials, that if our families are in fact not involved, that they not be drawn into this type of thing and I will leave that for what its worth. Mr. Rothstein, I would like to ask some questions. For the record, did I understand you to say, regardless of the outcome of the election that you will terminate your employment with the City as City Attorney, at the end of this contract? Mr. Rothstein: That is correct. I have no right to submit my wife and family to this kind of personal abuse. Mr. Plummer: My next question is. To your personal knowledge Mr. Rothstein is there anything pertaining to this matter which has been brought out, are there any other aspects to this case that you are aware of and really my question is, that might be brought out in the future? That could be considered wrong -doing? Mr. Rothstein: Since the Miami Herald has made it obvious that they want to destroy me personally and as City Attorney and they have had these two reporters going around the community for some length of time, while of course I am a human being and am subject to making human errors, I would assume that they have brought to your attention what they feel should be brought to your attention. Mr. Plummer: My final question is and I am not speaking of the two gentlemen that were eluded to in the article as to their innocence or their guilt or their past associations. I do feel that it should be asked, at any time or in any way, were these men utilized in City business? Mr. Rothstein: Never. Mr. Plummer: Thank you Mr. Mayor. 034 MAY 2 41973 Mayor Ferre: Mr. Rothstein, the second question that Commissioner Plummer asked was, whether to your knowledge there .s.any other matter that would be considered wrong, and all the implications of that word. You answered it partly but you didn't answer it completely, so lets answer with a direct answer to that. Mr. Rothstein: To my knowledge NO. Mayor Ferre: In your opinion, there is no wrong doing other than what you have already said, with regards to the letter writing using the city stationary in 1969 which as you said was a mistake in discretion, 4 years ago. Let me ask you for the record now. Have you used city stationary for other private matters? Mr. Rothstein: I don't know. I did buy some city stationary just in case I had to for example, write a letter of recommendation and if somebody should say, he shouldn't have done that, I would pay for it, I really can't say that I have never used it because I couldn't answer that truthfully. I may have used it as in circumstances where, I doubt if I have ever used it other than this business situation but there may have been circumstances where it was appropriate, I can't answer that. There is no way I can remember all these things. Mayor Ferre: Other than that, you are telling this Commission that you have not been involved in any wrong doing either on a public or private basis in your functions as City Attorney or in your private life. Mr. Rothstein: That is correct. Mayor Ferre: All right, are there any further questions? Mrs. Gordon: Yes a question. Mr. Rothstein, can you answer this. This does not come from me, the question came from an anonymous caller and I pose it only because it requires an answer. It was a call that said there was indication that your city secretary has been doing some work for you in your private practice. Will you refute this? Mr. Rothstein: My City Secretary on her days off, to earn extra money has worked on Saturdays and Sundays for me, as a favor to her, for which she got paid by check, no question about it. She has never used, to my knowledge, city time, nor have I asked her to, nor would I ever ask her to, use city time for my benefit. Mrs. Gordon: What you are saying then is that during the hours that she is employed by the city, she has not at any time spent any time at all in your practice, and you can verify this to be an absolute truth? Mr. Rothstein: What I have said to you is very clear. To my knowledge, she has not on city time done anything for me privately. She has in her private time done typing and other work for me, at her request to me because she needed money for her family which she supports and I have paid her for it openly and above board. Mrs. Gordon: Don't you think this also leaves some room, some nagging doubts in the minds of people and the public? Wasn't that poor judgment on your part? Mr.Rothstein: I was trying-, let me say this, my city secretary has been a very hard working for the city, very loyal, very capable and very responsible. When she asked me for help because she had some difficulty, she had to make extra money, I said thats okay, I will be happy to do so. In times of criticism and in times of attempts to destroy me, yes it does look bad, I agree with you, its unfortunate, I agree with you wholeheartedly. Mrs. Gordon: I would like to make a statement. Mayor Ferre: Wait a minute. Before you do, on questions. Now Mr. Rothstein let me see if I understand. You are telling me that at no time have you used the City employees, your secretary, for private work that you have not compensated for privately and she did not do it during her regular working hours, she did it on extra time and she was paid privately by you. 035 MAY 2 41973 Mr. Rothstein: That is correct to my knowledge and without hesitation, I can tell you that. Mayor Ferre: Any other questions? Mrs. Gordon: I have a statement. Mayor Ferre: Are there any other questions from anybody on the Commission. Now Mrs. Gordon, you want to make a statement. Mrs. Gordon: 'I think what lies before us is not a matter of crime or convictions of any kind. I think what lies before us is one of ethics and confidence and 1 think that the position of City Attorney is one that requires above all confidence in ethics and Mr. Rothstein, I think you have gone very far in virtually destroying this confidence even before these recent happenings, considering that the matters, your representation of your private clients before the County, the matters of zoning, I think that this kind of private practice has continued to give many of us and not the Miami Herald alone, some very serious nagging doubts. I think that this City deserves a full time City Attorney and I think that these new charges confirms the necessity for a full time City Attorney and I think that my objections to a part time City Attorney began long before my election which was nearly 2 years ago. The records reflect that I did not support your appointment for this reason and I have tried on two or three separate occasions since then to convince my fellow Commissioners that a part time Attorney was leaving the City open for criticism and embarassment and I commend Mr. Ferre at this time for changing his position since his appointment. He agrees, we need a full time attorney, at least that's what I read in the press. I support the change in the Charter but I do not feel that we can wait without taking any other action at this time. We must set the policy and the intent of this Commission by passing an ordinance now and I would move this ordinance, that the position of City Attorney shall be a full time position and that salary shall be based upon the recommendation's in the Yarger Report and I would move that at this time. Mayor Ferre: Mrs. Gordon, its a minor matter and I don't want to get involved in a discussion about it but the Yarger Report did not include a recommendation on the City Attorney. ,There is no recommendation there. Mrs. Gordon: I would remove that portion, and that we would set the salary at a level that shall be commensurate with the work that will be required. Mr. Rothstein: Mr. Mayor - Mayor Ferre: All right now, before - Mr. Rothstein: As a personal privelege. Mrs. Gordon: There wasn't any second yet, maybe we will have a second. Mayor Ferre: Please Mrs. Gordon. According to parlimentary procedure the way the City of Miami is run on the Commission, a man has a right to speak on a personal privelege at any time in the midst of any motion so if he is requesting to be heard on a matter of personal privelege, then this chair has no choice but to recognize him on a matter of personal privelege. Mr. Rothstein: In the light of Mrs. Gordon's last statement. I feel I must take a personal privelege to respond so that all the facts are in front of this Commission. I have never disputed Commissioner Gordon's right to question whether there should be a full time City Attorney or a part time City Attorney. Especially she made that clear in a statement to this Commission when she voted against a part time City Attorney, on November 1971, where she said quote" I believe Mr. Rothstein is a fine man and is doing a good job". I don't believe that Mrs. Gordon lost her confidence in me because of the fact that I appear in front of the County on Zoning or because she is then saying and insulting the County Commissioners by saying to them that they will not look at presentations on the facts and on the merits but they will just look at things because Alan Rothstein is the Attorney. That is absurd. That is ridiculous. 036 MAY 2 41973 I think Mrs. Gordon lost confidence in me and started to have doubts in me on December 14, 1972. On December 14, 1972, a request for variance was presented to this Commission by Mr. Alan Morris and his corporation. In spite of the fact that the Planning Board voted 9-0 to deny the variance request, in spite of the fact that the Planning Department recommended against the va iance, despite the fact that I, and here is where confidence in me starts being lost, that I took a very strong position that the variance should not be granted because it would set a bad precedent, because it allowed someone to use a piece of property divorced from the property in question for an increase of floor area ratio to help his floor area ratio, and Mrs. Gordon, over all of our objections, the Department, the Board and myself, pushed for this variance, made the motion. I just learned last week from a phone call that Mrs. Gordon did not tell the Commission at that time that Alan Morris was a contributor to her campaign and what is more, did not tell the Commission at that time that several people in Mr. Morris's realestate organization helped very strongly in her campaign. I think that was the first time Mrs. Gordon lost confidence in me. Now the second time she lost confidence in me was more recent. Being City Attorney is not easy. You have to give opinions under the law, as you see them legally and properly. You can't play favorites, you can't see what people want to do. Sometimes those things get you into a position where people take anger at you. The second and more recent time and there are some others but I won't get into them, that Mrs. Gordon became unhappy with me and is anxious that I not be City Attorney, and its very germaine, was on April 18, 1973 when I made a report to the City Commission investigation pursuant to the direction of the City Commission which dealt with Mayor Ferre. In Section 7, I said the attached statement under oath by George DePontis shows factual allocations about Mr. Morty Friedman, who is Mrs. Gordon's public relations man that could be possibly be a violation of State Statute 836.05 Extor..ion. Mr. DePontis said as I attache( to my report, I believe that Mr. Friedman as an agent for Commissioner Rose Gordon attempted to use this information as a vehicle to blackmail Mr. Ferre out of contention. Mrs. Gordon knows that this Commission is going to have an investigation to this. Mrs. Gordon knows the people of the Clty of Miami will require an investigation because such allegation as she said it in the beginning, to have public confidence and set the tone, normally would be made by my office. I don't think that she wants an independent voice as City Attorney. I think this is when she lost the confidence in me because you are going to have to do that investigation. Mrs. Gordon: Mr. Rothstein you are clouding the issue. The issue is you. Mayor Ferre: I will recognize you in a moment. Are you finished with your statement? Mr. Rothstein: Yes. Mrs. Gordon: Mr. Rothstein the issue is you and all the clouding and all the inuendos that you are making have nothing to do with the matter before us. The matter before us is you and what you are saying is simply to try to cloud and muddy what I have made as a statement and which I stand upon and which I move again for a full time city attorney and if this Commission truly believes in the resolution that they passed previous to this to set this on the charter, they will not let your insinuations keep them back from seconding and voting affirmatively on this motion because this motion is a necessary motion to set the policy for this Commission and what we intend to do in the future. Reverend Gibson: Mr. Mayor. Mayor Ferre: Father Gibson. Reverend Gibson: I want you to note I have not participated in this discussion but I resent what Rose just said. Now, I don't think, I don't want anybody to think that I sit up here and have a gun to my head. I believe in the orderly process. Now ROSE, I don't have to vote today to get rid of, or for a full time attorney if I have set the machinery in motion to orderly make the transfer. Now, I resent it and I just don't think this is fair and I don't care who is doing what. Theodore Gibson for 27 years I have been hack here as a native a pastor in a church, I have the capacity and ability to do my thinking. son and own 037 MAY 2 41973 I am going to live with that and die by it. Now I just don't like that because when you say that if we believe in the resolution we passed, this is what we would do - Mrs. Gordon: Thats right. Rev. Gibson: I'll have you to understand that I am not going to let anybody do my thinking for me. Not anybody- MRs. Gordon: Nobody is doing your thinking Father - Rev. Gibson: And Rose that is what you are doing at this point. I am prepared to vote on the motion, you offered it and I think - Mr. Plummer: Mr Mayor, Mr. Mayor, Father please ---I am only one person and only can digest one person speaking at a time. I will ask for common courtesy to prevail so that I can hear both sides. Rev. Gibson: All right then let me proceed. Mayor Ferre: Father Gibson - Rev. Gibson: Mr. Mayor, I call and I ask for the orderly process. Rose has made a motion and if there is no more debate, lets find out if she has a second and proceed orderly. Mayor Ferre: In the interest of, I think trying to do the right thing, if you will permit me.for a moment, I have a suggestion. Mr. Plummer: Mr. Mayor, are you stepping aside because I had asked for the floor. Mayor Ferre: I will be happy to recognize you, I would just like to make a statement if I could. My statement is really very simple. I, and I am just speaking for one now, I have no objection of going on record that as of November which is the time this matter will be voted on, since I have stated publically, that I am for a full time City Attorney, go on record as of that time. I think that accomplishes what everybody wants to do here and thats just a recommendation I have which I think accomplishes the main purpose and then we can take it from there. Mrs. Gordon: Mr. Mayor, it does not accomplish the same purpose. Mayor Ferre: All right now, I will recognize Mr. Plummer. Mr. Plummer: In the same text as Father Gibson brought out about an orderly manner in which this is to be handled. I would like to ask the question. Mr. Reese, you have tried to stay out of this Sir but I will have to ask the question of you. If it's not the proper form, then Mr. Lloyd, whichever one of you will give me the answer. In the same manner as the City has contracts with individuals for employment. If I am not mistaken, the City Attorneys position is a contract, is that correct sir? Mr. Reese: Based on my understanding and observation, anyone that is appointed for a 2 year period by this Commission, the Courts have looked upon this as a contractual period of time. I think it was the Oli Hen- drickson case that the supreme court substantiated this and the commission at that time after removing him as City Attorney. The supreme court ruled and the city had to pay him something like a year and a half back salary and also compensate him for the period of time a decision was pending in the courts because he supposedly lost an income. Also the Bloodworth case, I am not as familiar with that as I am the other case but the court substantiated. Now this, is my knowledge but for your real legal inter- pretation, ask John Lloyd, Don't ask me. Mr. Plummer: Mr. Lloyd, do you have any disagreements or further comments about Mr. Reese's comments? Mr. Lloyd: Mr. Reese is absolutely correct. Mayor Ferre: Well wait a minute, what is happening? Mr. Plummer: Please, Mr. Mayor. 038 MAY 2 41973 s Mrs. Gordon: Repeat that please Mr. Lloyd. Instead of saying that Mr. Reese is correct, repeat what Mr. Reese's statements were in effect. Mr. Lloyd: Yes, the period of the City Attorney runs from the date of his election to the date of the next general election of the city commission which now is 2 years, thats where we get the idea of a 2 year term. This was established many many years ago in the Bloodworth case, when a City Commission attempted to remove a City Clerk and the Supreme Court reversed that removal and the Supreme Court reinstated the original City Clerk on the same basis and the Hendrickson case was based upon as Mr. Reese said, the former opinion of the supreme court in the Bloodworth case. Mr. Plummer: My next question. Mr. Reese or Mr. Lloyd either one. In the Charter there is a provision that if the City Manager is to be removed or fired, it stipulates exactly the procedures that shall follow and if I am not mistaken, the people who make the charges must prove malfeasance or misfeasance in office. Is there such a stipulation pertaining to the City Attorney? Or anyone else held under contract? Mr. Reese: No Sir, the City Manager is not held under contract. Mr.Plummer: Well Sir, I'll rephrase the question. Let me say that it is in there that if we are to remove the City Manager and for clarification that is not anything that I have in mind. I know the next thing I'll read in the paper is that I am after the City Manager but I am asking only for clarification. If this contract is to be broken as proposed in Mrs. Gordon's statement - Mrs. Gordon: I did not propose - Mr. Plummer: Mrs. Gordon, I sat quiet while you spoke, I will ask the same Mrs. Gordon: Then don't make misstatements of what was said. Mayor Ferre: I'll recognize you in a moment Mrs. Gordon. Write it down and we will recognize you in a second. Proceed Mr. Plummer. Mr. Plummer: I am asking, is there anything in the Charter that says that this Commission in breaking a contract shall prove the sam malfeasance or misfeasance in his job? Mr. Reese: There is nothing in the charter but the provision that was put in there pertaining to the City Manager was adopted after the 1961 dismissal of the City Manager and this is an exact quote in the procedure that is set forth in the model charter that is issued by the National League of Cities. This is the language that is now in the City of Miami Charter. The people adopted that. The misfeasance and malfeasance aspects of it is when you go and introduce the State Statutes on top of the Charter, this is when it enters into malfeasance and misfeasance question. Mr. Plummer: If I am not mistaken, the City Manager has the right after notice of dismissal, within 20 days to call for a hearing, is that correct? Mr. Reese: That is correct. Mr. Plummer: And in that hearing is where the proof of burden is on the accuser to prove malfeasance or misfeasance. Mr. Reese: That is right and that decision whatever it is, is open to the courts. Mr. Plummer: No, not everything, sometimes its in the charter that it precludes, that_its final but this one is not, its open to the court. Mrs. Gordon: May I clarify the motion please? There seems to be a misunderstanding of what the motion is. The motion is to set policy. The motion is that a full time city attorney shall be employed. It has no inclusion of asking for an immediate resignation from Mr. Rothstein. This would be by separate motion. The motion I am bringing to you now is a motion to set policy. The policy is as I stated before, that the position of City Attorney shall be a full time position . 039 MAY 24 1973 • • and salary shall be based on an amount sufficient for the duties involved. Mr. Ferre, you have stated publically you favor a full time. You stated publically you favor full time - Mayor Ferre: And that wasn't just in the newspapers. I stated it this morning. Mrs. Gordon: You stated it publically. If you truly believe and it is not just something you are putting off hoping that will never pass, then you will turn the gavel over, and second my motion. Rev. Gibson: Mr. Mayor, let me raise a question. Mayor Ferre: All right Mr. Gibson. Rev. Gibson: I have difficulty in this procedure and I admit. I don't have the years of experience some other people have. You have just passed a motion instructing that we have a charter amendment, asking for a charter amendmen t. If you have a charter amendment and the people say they don't want a full time attorney and we pass a motion now saying this is what we want, what are we doing? We are playing games with the people. Now I think we ought to get the thing straight and not let our emotions run away with us. I was quoted in the paper as saying I want a full time attorney. I don't mind going to that if that's what the people say and that's the way I feel but I don't think I need to play eenie minie moe that game, I think we ought to, either we want, those of us who voted for the amendment, either we had faith in the people to make a decision or we did not have or we do not have faith in the people to make the decision. This is the thing that bothers me. Mrs. Gordon: Mr. Mayor we aren't going to - Mayor Ferre: No, wait a moment - Mrs. Gordon: I am going to finish this because its getting muddied and clouded and its not the truth. Mayor Ferre: Mrs. Gordon, the chair has not recognized you. Now Father Gibson was making a statement and I am going to take the peroggative of the chair to make a statement in answer to that. Mrs. Gordon: All right, go ahead. Mayor Ferre: Now, Father Gibson, I don -It think that there is anything wrong with us as Commissioners stating what our opinion is, you have already done that, I have done that, others here have done that. We stated we think now, at least I did, that after consideration of this matter, after having studied the situation, that the proper way of doing this is letting the people vote on it. Okay now, I dont think there is anything wrong personally with us going on record to such an effect. Now, should the people vote us down, I think thats a moral leadership, that we in government must fact. If we for example pass a motion to make this a full time job, as of November for example and the people don't vote that way, well the people of course always speak. The people will decide, there is no question about it. I have no objection to going on record as to what my opinion is on that and do it officially as a Commissioner of the City Of Miami. Now, where I do object and where I differ with Mrs. Gordon, is that I don't think that we can by this action which is basically a subtefuge to get rid of Mr. Rothstein, come out and do it immediately because if that's the case, lets make a motion to censure or to fire Mr. Rothstein, which of course, we would have to prove the cause of that. He has a contract. Mr. Lloyd has told us that he has a contract. Mr. Reese has told us. I am pretty sure they know what the law is. This thing has been tested before the Supreme Court, if we, there is nothing that I think this City Commission can do but to live by the law. Now, I don't think and in answer to Mrs. Gordon, since you asked me directly to second your motion, I will not second the motion for the reasons I have just stated. I will however make a statement and I will make a motion that this Commission go on record and pass a resolution for a full time attorney as of November - Mrs. Gordon: Mr. Mayor---- 040 MAY 2 41973 Mayor Ferre: Mrs. Gordon, let me finish and then I will recognize you - Mrs. Gordon: until his contract expires, and that is in November Mr. Mayor. Mr. Plummer: Mr. Mayor, I am going to ask that if you are going to run this meeting? mayor Ferre: Mrs. Gordon please. Mrs. Gordon, Mrs. Gordon, I will recognize you in a moment Mrs. Gordon. Now let me let everybody speak in his turn. All right now I have made my statement and Mrs. Gordon if you want to make yours, we will hear you without interrupting. Mrs. Gordon: The motion does not say that thi.s becomes effective immediately. Mr. Rothstein has a contract. His contract expires in November. This motion simply sets a policy, you reiterated you believe in it, stand on what you believe. Mayor Ferre: Amend it. Amend it, so I can second it but I can't second the motion you made. The motion you made - Mrs. Gordon: The motion I made I repeat. The motion is very very clear. The motion I made said that this City Commission go on record as believing in this position, the position of City Attorney shall be a full time position and salary shall be based upon an amount commensurate with the duties involved. I did not say it begins today, it begins in November unless Mr. Rothstein is not with us next month, two months, then it would apply'at that time that a replacement for him would be sought. Mayor Ferre: Mrs. Gordon, I don't want to argue with you. You have changed your motion, ..you are hedging on it and that's fine Mrs. Gordon: I have not, its verbatim. Mayor Ferre: Let the record reflect and later, on, the City Clerk can go back because I don't think its worth an argument. I think this is a different motion. Mrs. Gordon: It is not. Mayor Ferre: This is a motion that doesn't put.a time and previously you put a time on it, you said immediately. Now if you are going to say immediately, you are not going to get a second from me. Now if you are not going to put a time on it, then that changes the situation. Mrs. Gordon: Mr. Mayor, I appreciate the second that you are making. This is the same motion that was made before. Mayor Ferre: I havent turned over the chair yet so I haven't seconded any motion. Rev. Gibson: Mr Mayor let - Mayor Ferre: I will recognize Father Gibson. Rev. Gibson: Let me say this. This is all confusing to me. We have just agreed that we want to have a charter change. Now I want to be the devils advocate, if you can imagine a clergyman wanting to be the devils advocate. If I am not genuinely concerned, and if I am not in dead earnest about that charter change, I don't really have to go through this process and if I am wrong, Ihope Mr. Lloyd you will tell me that I am or somebody. If we here want a full time attorney, the five of us could set that policy in November. We could leave the charter as is or do it now. The danger is that the five us might agree that that is what we want but the other five who follow us may agree that that's not what they want, isn't that right? Now, with the charter amendment, you have a different set of facts, a different kind of a situation. So the Charter Amendment sets the policy once and for all, is that right Mr. Lloyd? 041 MAY 2 41973 Mr. Lloyd: That is correct and it could only be changed by another vote of the people. Rev. Gibson: Right, right, this is what I am trying to say and this is what I hear disturbs me and I don't mind being Mrs. Gordon: Mr. Mayor - Rev. Gibson: Rose, you know, the men up here are mighty polite Rose. The men up here are mighty polite and I want everybody, I am going to be polite to you and I want everybody to be polite to me. Don't lets forget. One of the things the white folk taught me as a black, i.s that you must always be polite in whatever you do and I hope you will do that. Now Mr. Mayor, I just think that we ought to call for the vote. If she gets a second, she has it. If she doesn't get a second, she has it and I don't want to cut off debate, but I think we ought to now deal with the problem of procedure and don't beat us to death. Mayor Ferre: All right - Mr. Plummer: Under discussion? Mayor Ferre: The chair recognizes Mrs. Gordons request to talk. Mrs. Gordon: Father Gibson and I say it respectfully, Father Gibson, you have said that you believe and if you believe then you should act accordingly. If you believe in a full time attorney, tell the people out there that you believe. Don't say to them, you vote but I don't really believe because if I believe, I u ould act accordingly. Mayor Ferre: All right, the chair recognizes Commissioner Plummer. Mr. Plummer: Mr.Mayor, I would just like to make these comments on the motion, if I understand it correctly. Mayor Ferre: We are just discussing it now, we really haven't - Mr. Plummer: Under discussion of the proposed motion. I will give these comments just for the food for thought of the other Commissioners. As I understand Mrs. Gordon's motion, that this commission go on record that they are in favor of a full time attorney in November or a full time city attorney. The only hesitation that I have in voting in favor of that motion and I guess coupled with the statement of Father Gibson, are we in fact as a Commission making a proposal and trying to influence the voters? I question Mr. Mayor that there might be something wrong with that because we are the ones who are making the motion and it could be inferred that we are trying to tell the people how to vote. Now what I am in favor of and I would take a very strong stand on, that each and every Commissioner should make his position individually crystal clear as to where we stand individually on this proposal. I am only having reservations about doing this collectively and as a Commission. I for one am willing to take such a position individually but I just question as collectively as a Commission whether in fact it might be inferred or taken in the wrong vein. I give that for food for thought. Mr. Reboso: Mr. Mayor- Rev.Gibson: Mr.Mayor- Mayor Ferre: Wait a moment Father Gibson, we haven't heard from Mr.Reboso so would you please defer to him? Mr. Reboso: Mr. Mayor, when I questioned the City Attorney, I think I am satisfied with this affidavit I have here in front of me. The main worry I had, as I said previously, was the narcotics involvement in the papers that I heard. Otherwise if we already moved that the people are the ones that will decide next November, I don't see any reason we should vote right now on this matter. As Mr. Plummer stated - Mrs. Gordon: Mr. Reboso, we are not voting on - Mayor Ferre: Wait a moment. Mrs. Gordon please, now just hold on, we will recognize you. I want to tell you that I have not yet and this is the 4th Commission Meeting, ever failed to recognize you and let you say everything you wanted so you can't tell me that I haven't but let everybody 042 MAY 241973 41 finish their statement and then I will recognize you. Mr. Reboso: Its okay, that is the only thing I wanted to state at this moment. Mayor Ferre: Now wait a minute Father Gibson, Mrs. Gordon. Mrs. Gordon: Mr. Reboso, I know you are an intelligent man and I know you understand what I said. Mr. Reboso: Perfectly. Mrs. Gordon: Then how can you come back and make the statement you just made? Because that statement is irrelevant to what I am putting on this table. At this moment, we are setting policy only. We are saying we individually and collectively believe that we owe it to the citizens of the Clty of Miami to insure them that we support our own resolution which puts this thing on the charter. Mayor Ferre: Is this another change now? Mrs. Gordon: No Sir, I am commenting on a statement that Mr. Reboso made because he does not understand apparently what I have asked this Commission to act on. Mr. Reboso: In a personal basis, I agree but I don't agree with taking a vote. Mrs. Gordon: Why? Mr. Reboso: Because its the same thing. Mrs. Gordon: Why? You don't agree to tell the people out there that you believe in a full time city attorney? Mr. Reboso: I can't tell the people right now. Mrs. Gordon: Then why don't you to vote? Mayor Ferre: Well I think we have had enough discussion, now is there any further comments on this? Tf not, there is a motion on the floor, I personally am somewhat confused over the motion so I will ask for a second at this point'and then if we don't get a second, we will see what we do next. Is there a second to the motion? Mrs. Gordon: Are you still confused Mr. Mayor? Mayor Ferre: Yes I am. Mrs. Gordon: Okay, would you like me to completely - Mayor Ferre: Well - Mrs. Gordon: Reiterate this slowly word by word, slowly and clearly? Mayor Ferre: No because, could we have a second? Mrs. Gordon: You don't understand it you said. Mayor Ferre: Mrs. Gordon - Mr. Plummer: Mr. Mayor once again, I am going to demand decorum. I am not going to sit here - Mayor Ferre: Mr. Plummer let me chair this if you would please. Now I am going to chair the meeting Mrs. Gordon and - Mrs. Gordon: I didn't finish my statement and you cut me off without letting me repeat it. Mayor Ferre: You have a motion on the floor. I am going to let you repeat it in a moment. Now I am asking first of all, if there is a second on the motion and then I'm going to let you repeat it again and again. Now, is there a second on the motion? 043 MAY 2 41973 0 Now Mrs. Gordon would you like to repeat your motion to make sure that everybody understands it for the purpose of a second? Mrs. Gordon: It is the motion that the position of City Attorney shall be a full time position and that the salary shall be based upon the work that is required of that position. Now, again I say, it is only a policy position, it could not become effective or be used until Mr. Rothstein is not the City Attorney. If Mr. Rothstein remains in his position, until November, it would not be used until then. If Mr. Rothstein for any reason at all, should not be in the position, it would then be effective and would then be used. Now its a policy only and if any of you object to pure policy setting and can say in all honesty to the people that you believe but are afraid to say so publically and as a body and as a Commission, then I doubt and I challenge that youdo not believe in the statement. Mayor Ferre: All right Mrs. Gordon. Now do you have any other clarif- ications to make on this? Mrs. Gordon: No. If you didn't understand it before, I hope you understand it now. Mayor Ferre: Any other remarks Mrs. Gordon? Mrs. Gordon: No Sir. Mayor Ferre: You sure now? Now let me tell you that if you will amend, if you will amend that to make it effective as of November 30th which is the time that this contract is over, then I will second the motion. Otherwise, I will not second the motion. Mrs. Gordon: I will put into the motion Mr. Mayor, the stipulation that if for any reason Mr. Rothstein were not the attorney - Mayor Ferre: I accept that. Mrs. Gordon: That we would replace him with a full time attorney. Mayor Ferre: Not Mr. Rothstein because we are not going to put Mr. Rothstein's name in here because we are talking about a principle. You have your opportunity, if you want to fire Mr. Rothstein, that's something else. We are talking about a principle, not about Mr. Rothstein. Mrs. Gordon: Mr. Mayor, I agree with you, its a principle and that ;is what I moved today, a principle. I moved it that way and it would become effective upon the expiration of the City Attorneys contract or sooner if there is a vacancy. Mayor Ferre: All right, if you make that amendment and you clearly put it that way, I will turn over the gavel to Father Gibson for the purpose of my seconding that motion. Rev. Gibson: All right, you heard the motion and the second. Mr. Plummer: Through the chair. Rev. Gibson: Yes Sir. Mr. Plummer: Mr. Clerk. Mr. Clerk, read the motion as you have it Sir. Mayor Ferre: As amended, as amended. Mr. Ongie., Assistant City Clerk: A resolution setting the policy of the City Commission that the position of City Attorney shall be a full time position and that the salary shall be set by the City Commission based upon the duties of this position stipulating that if for any reason the present city attorney leaves, this resolution would become effective immediately or if that is not the case, it would be effective upon the expiration of his current contract. Mayor Ferre: No, thats not the motion I seconded. I won't second that motion. Thats confusing. 044 MAY 2 41973 Mr.'s. Gordon: Will you repeat it the way you wanted it? Mayor Ferre: The motion should be: That this City Commission goes on record as a matter of policy as of the end of this contract which is November 1973, that it will appoint a full time City Attorney to the job and that should a vacancy occur before that time, that would invalidate the present contract, that this policy would go into effect at that time. Mrs. Gordon: That is the same thing. It is the same thing. Mr. Reboso: Mayo; are you going to include if the people approve? Mayor Ferre: Obviously, that doesn't have to be included because of if the people do approve, then at that time, it will be changed. All we are really doing here is going on record that once this contract is over, we're for a full time city attorney. That's all we are really doing. All it means is that we are going on record that that's our opinion, that's how we feel about it. If the people vote against us, than the people - Mr. Reboso: I think the amendment now is very clear. Mrs. Gordon: Okay. Rev. Gibson: All right call the roll Sir, I trust we know what we are voting on. Mr. Ongie, Assistant City Clerk: That is Mrs. Gordon's amended motion and seconded by Mr. Ferre, is that right? Mrs. Gordon: Yes. Mr. Ongie: And as it was just read? Mrs. Gordon: In effect. Mr. Ongie: Mr. Plummer? Mr. Plummer: Let me preface my vote by the following statement: I don't think anyone on this Commission has ever been accused, I think the quotation was chickening out or taking a stand, and I will not today nor in the future. I want my personal, individual opinion to first be made and its very simple and very clear and that is that J. L. Plummer, is in favor of a full time City Attorney but that is not the motion or were we given the privelege of making individual stands. Since it is the feeling of this Commission, or I sense the feeling of this Commission, that it should be done collectively, with the same reservations that I had before about such a motion, I will vote in favor of the motion. Mr. Ongie: Mr. Reboso? Mr. Reboso: As it was amended, I vote yes. Mr. Ongie: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Ongie: Reverend Gibson? Sorry, Mr. Ferre. Mayor Ferre: I vote yes. Mr. Ongie: And Vice Mayor Gibson? Rev. Gibson: Yes. 045 MAY 241973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-389 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION THAT AS OF THE END OF CURRENT CONTRACT IN NOVEMBER 30,1973, THE CITY COMMISSION WILL ELECT AND APPOINT A FULL TIME CITY ATTORNEY TO THIS POSITION AND THAT SHOULD A VACANCY OCCUR THAT WOULD INVALIDATE THE PRESENT CONTRACT, THE PROVISIONS OF THIS RESOLUTION WOULD BECOME EFFECTIVE AT THAT TIME (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None NOTE: Prior to the introduction of the preceding resolution, Mayor Ferre surrendered the chair to Vice Mayor Gibson, and following the adoption of the resolution, thetMayor resumed the chair. Reverend Gibson: Let me make a comment. Mayor Ferre: I will take the chair back and recognize you for a comment. Rev. Gibson: You know, I understand what Rose is trying to do. I know I am a little dense sometimes. J. L. Says most of the time and I agree. Mr. Plummer: I didn't say that. Rev. Gibson: You know, we could set the policy. I raise this because this to me is a procedural difficulty for me. We could set the policy that we want a full time attorney, Now, and when November comes, do it then again. What would happen, this is my difficulty. What would happen if we who sit up here want a full time attorney and we have already spoken now, listen to this, and we say to the people, you make the Charter Amendment, and the people say, that ain't what we want? This is why I had difficulty in passing this particular resolution as Rose proposed it and I thought that we would have been in a much better position if the people said no, since we presently if I understand it correctly and if I am not right, I want somebody to tell me, we presently have the authority right now to decide if that's what we want to do but I thought I better get that out because that was a part of my difficulty but thank God we have already passed. Mayor Ferre: Well now Father Gibson, the City of Miami Commission has expressed itself and changed this ordinance on several occasions. If I am not mistaken Mr. Rothstein, in the past, the City Attorney's job has bean full time. Wasn't it full time ever? I thought it was full time 12-15 years ago and then they changed it to part time. Mr. Lloyd: I can answer - Mayor Ferre: Well who has a good memory that goes back that far? Mr. Lloyd: I believe I do Mr. Mayor. Mayor Ferre: All right, answer that question. Mr. Lloyd: As a matter of policy its never been a policy of the City Commission as far back as I can remember that it be full time. Now Bob Zahner by his own wishes was a full time City Attorney but to my knowledge, he was not required to be as now he would be. 046 MAY 2 41973 Mayor Ferre: The point I was trying to make - Mr. Lloyd: Mr. Reese corrects me on that he says - Mr. Reese: The Commission insisted he close his law office. Mr. Lloyd: This I didn't know but thats the only time I remember. Mayor Ferre: The point being as Father Gibson was saying that this is a matter of the will of the Commission if its an.ordinance. That is exactly why earlier this week I recommended that this be a specific amendment to the Charter of the City because once its a Charter Amend- ment, then it is only the people who can change it and now what we have done here this morning and I don't see anything wrong with it is that we have expressed our opinion officially as of November, I am all for that. The only thing that I didn't want to do was to invalidate and invalidate a cont=act in any way by making it effective immediately which is what, even though Mrs. Gordon now says is not the case, we will recall in the past she asked for it to be immediately. Mrs. Gordon: Never, never, never. Mayor Ferre: And today she wanted it effective immediately, wdll let the record clear it up. Mrs. Gordon: The record will refute your not making a true statement.'' Mayor Ferre: Let me make one other statement and then you can say what you want. The thing that has bothered me about all the procedures here is that this matter has affected a human being. Its an individual. Not only one human being, several, because that human being has a family. I am very happy that we were successful today, in making in abundantly clear that this is a matter of general policy on the Commission and is in no way referred to or an indication of Mr. Rothstein's competence, his ability, or his service as City Attorney to this City and to this City Commission and I think that the proceedings here have made that point abundantly clear and I think I am happy that it came,out that way and I think thats the way it should be. I, Mrs. Gordon, I would like for you to hear this for a moment before we break up. The only matter that has been proven with regard to Mr. Rothstein is the matter that he used City Attorney City Stationary improperly. He has admitted it and I think we have all pretty well said that it was wrong. The other matters that have come up are matters of discussion in the press that have not been in any way proven, so the only thing that we have before us with regards to Mr. Rothstein at this time with concrete evidence, which is the only way that we can proceed, is the matter of using stationary belonging to the City, which he paid for, but used the city stationary on a private matter. My opinion, so that we can clarify this for the future and I would turn over the gavel again to Father Gibson to make a motion, that in the future, no city employee or elected official would at any time use City stationary for any other reason other than official reasons and that means that we will not use it for political reasons and that we will not use it for business reasons and I make such a motion. Mrs. Gordon: Mr. Mayor, this is a matter of ethics. Are you saying we have to legislate ethics? For goodness sakes. Mayor Ferre: I have made a motion, so that it is very clear for the future. Rev. Gibsor: There is a motion, do I hear a second? Mrs. Gordon: I mean this is assinine. Mr. Plummer: I am laughing Mr. Mayor because it doesn't make any difference to my clients. 047 MAY 2 41973 Mayor Ferre: I think there are a lot of people who have used city stationary for personal gain other than business and I think we ought to have it a matter of record that it is only for official use. Vice Mayor Gibson: All right, do we hear a second? Mr. Plummer: For a matter of clarification and on the record, I think - Mrs. Gordon: Mr. Mayor, its assinine to put that into the record because its ethics. Lets set up a code of ethics then. Mayor Ferre: I have a motion on the floor. Vice Mayor Gibson: I think we can - Mr. Plummer: Through the chair. Vice Mayor Gibson: Yes Sir. Mr.Plummer: I think if anything, it doesn't fall under a code of ethics. I think it falls - Mrs. Gordon: It does. Mr. Plummer: May I proceed? Vice Mayor Gibson: Right on Sir. Mr. Plummer: The next statement will be let it all hang out. I think that it really is not a matter of code of ethics and I say this in all seriousness, that it is a matter of conflict of interest and based upon even the City having a conflict of interest, Metropolitan Dade County rightfully so, passed a new and more stringent and to the point, conflict of interest law and I see nothing wrong with the Mayor't motion that it be made abundantly clear that this should be the case and because of that, I will second the motion. Mrs. Gordon: I would like to add an amendment to that if I might Mr. Mayor, if you will take an amendment, that no city employee shall hire their city employees for any pf:rt time or additional service, even if they do pay them additional monies. That is also a violation of code of ethics. Vice Mayor Gibson: Rose, Rose, lets deal with one issue at a time. You are talking about stationary now. Wait, watt, wait --- You made the mistake of putting me to run the meeting now. Lets deal with the stationary, all right, you have heard the motion and seconded by Commissioner Plummer. Call the roll. Mr. Ongie: Mr. Reboso? Mr. Reboso: Yes. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Ongie: Mr. Ferre? Mr. Ferre: I vote yes. Mr. Ongie: Vice Mayor Gibson? Vice Mayor Gibson: Yes. 048 Thereupon the following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-389-A A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION OF MIAMI, FLORIDA THAT NO EMPLOYEE OF THE CITY EITHER UNDER CIVIL SERVICE, ELECTED OR APPOINTED POSITIONS; SHALL USE CITY STATIONARY FOR ANY REASON WHATSOEVER OTHER THAN FOR THE OFFICIAL BUSINESS OF THE CITY OF MIAMI (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 NOTE: Prior to the introduction of the preceding resolution, Mayor Ferre surrendered the chair to Vice Mayor Gibson and following the adoption of the resolution, the Mayor resumed the chair. Mayor Ferre: I'll take the chair back and - Mrs. Gordon: I have another motion Mayor Ferre: I will recognize Mrs. Gordon for the purposes of making a motion. Mrs. Gordon: I would then like to proceed since we're getting religion Father, with all due respects to you - Mayor Ferre: I hope we've always had it. Mrs. Gordon: I don't know about that from what I've heard today. Mr. Plummer: Well you question it yourself then. Mrs. Gordon: Mr. Plummer, thank you. Mayor Ferre: Okay, okay, that's enough. Mr. Plummer: A point of personal privelege Mr. Mayor. There is no one going to question my religion. Now I take serious offense to that statement. Mrs. Gordon: What statement? Mr. Plummer: That you just made that there is no religion here according to you today. Mrs. Gordon: That wasn't the statement I made. Mayor Ferre: You did make that statement but I am sure you didn't mean it. Mr. Plummer: Would you read the statement back? Mayor Ferre: Now lets not get into that. Mr. Plummer: Well Mr. Mayor, I take serious offense to that statement. Mayor Ferre: All right. Mr. Plummer: Now if she wants to question someone's religion, let her do so - Mrs. Gordon: Mr Plummer - Mr. Plummer: I am speaking under a point of personal privelege. Mrs. Gordon: There was no reference to your religion. Mr. Plummer: Mr. Mayor, I ask for that. Mayor Ferre: All right I understand, as a point of personal privelege, go ahead, we will recognize you Mr. Plummer but lets get this over with so we can then proceed and deliberate and get back to the city business. Mrs. Gordon: Since we are considering amendments to - Mayor Ferre: Now wait a moment Mrs. Gordon, this gentleman here who is a Commissioner has asked to speak on a point of personal privelege. Now we have to grant him that. Mr. Plummer: I will ask a very simple question and ask Mrs. Gordon to retract the statement if I misunderstood it, as I misunderstood it, is that correct? You did not make the statement? Mrs. Gordon: I did not attack such a thing as your religion, so let's not even discuss it, its below' our dignity. Mayor Ferre: Any further - Mrs. Gordon: Yes. Mayor Ferre: Any further discussion on the point of personal privelege? All right- 050 MAY 2 41973 Mrs. Gordon: There is a motion, since you want motions to this effect, this motion is pertinent to the matters before us and that is that at no time should any city employee whether by appointment or otherwise, engage: the services of another city employee on a part time basis unless that employment has been checked out and approved by the city manager and that is the motion. Mayor Ferre: I.would like to ask if I may the City Attorney and let's ask Mr. Lloyd so there won't be any conflict here as to whether or not, is there any constitutional problem on that? On restricting? NO, that's legal, okay. Mr. Lloyd: No this would be just a policy matter. Mayor Ferre: Okay fine, now is there a second to the motion? Mr. Plummer: Let me ask of Mr. Lloyd. I am sure, Mrs. Gordon correct me if I am wrong that you primarily are speakingof the Commission and the Administration ? The only question I am raising is I know for a fact - Mrs. Gordon: In any capacity - The Manager has the ability to check it out. Mr. Plummer: All right, if he has that reservation, Mrs. Gordon: I included that in the motion. Mr. Reboso: I second the motion. Mayor Ferre: All right, there is a moiton and a second, any further discussion? Call the question please. Mr. Ongie: Reverend Gibson? Rev. Gibson: Yes. Mr. Ongie: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mr. Reboso? Mr. Reboso: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: I vote yes. Now.are there any further motions with regards to ethics, use of stationary etc. within the City of Miami? RESOLUTION NO, 73-390 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION OF MIAMI, FLORIDA THAT AT NO TIME SHOULD ANY CITY EMPLOYEE WHETHER APPOINTED OR OTHERWISE, ENGAGE THE SERVICES OF ANOTHER CITY EMPLOYEE ON A PART TIME BASIS, UNLESS SUCH. EMPLOYMENT HAS BEEN INVESTIGATED AND APPROVED BY THE CITY MANAGER 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 as/ MAY 2 41973 Mrs. cordon: I would like to make a short statement please. Mayor Ferre: All likht now, I recognize Mrs. rdon for the purpose of a statement. Mrs. Gordon: First of all, Mr. Rothstein's self -defensive approach to me is understandable. He is a human being and he felt like he was being personally attacked and he wanted to flail out at anything or anyone whom he could, including the Herald, including me, I understand that. Becau:;e some of the statements that he made were irrelevant, untrue and I don't want to dignify them by even repeating them but, one thing that he did say which should be cleared for the public record is the fact that he said, I received a campaign contribution from an individual and I believe I did. I was not my own campaign chairman nor was I my own treasurer but I am sure and Mr. Plummer will verify that he also received a contribution he believes from the same individual and I believe that the same individual contributed to each and every person that sat upon this Commission at that time and to me, as a strong candidate in that election and that that particular item which you spoke to, which was spoken to by the Planning Department as being an innovative approach to zoning, and as all of you up here know, I am a specialist with regard to laymen specialists on zoning matters and planning matters and that I personally studied this item very intensively and that I recognized an innovative approach and I got the concurrence of our department with regard to that particular item and it was a unanimously, I believe, passed item so therefore the records now have been cleared on that particular thing. I also wanted to say that I was going to move to ask you Mr. Rothstein to save us any further embarassment, I was going to ask you to please tender your resignation, but after the tone of the conversation of my fellow Commissioners today, I know its a hopeless request so I would just leave the whole matter with your conscience and hopefully that you will see if its in your conscience, spare us, the City of Miami Commission, and the people of the City of Miami, any further embarassment. Thank you. Mayor Ferre: I would like to request that the City Attorneys Office to give us a written definition of what official business in regard to this resolution we just passed on using stationary. Are there any other comments to be made this morning?Before we break up? We will adjourn, we are behind. This took over 2 hours. That's why I didn't want to have it at 9:00 O'Clock. I hope you recognize now the specific reason. It would have meant having all these people wait for all this time. Now, I hope we can adjourn here by 230 , that will be h hour behind our schedule, maybe we can catch up. LUNCH RECESS: The City Commission adiourned their meeting at 1:20 P.M. until 2:30 P.M. 052 MAY241973 NOTES The City Commission reconvened for the continuation of the meetind at 2:40 P,M:-'with all members Present. 24, PERSONAL APPEARANCE - ARTHUR ETTINGER (SECOND APPEARANCE OF THE DAY) Mr. Ettinger appeared and requested a point of personal privelege of the Mayor. Mayor Ferre: Now, look you have come up, since I have been sitting in this chair, you have been at every single meeting and we have given you plenty of opportunity to talk. You have now talked to the City Manager or the Assistant City Manager, the Assistant City Attorney. I don't want to slight you in any way but we have got a lot of things to do today and we can't be just hearing you every time morning and afternoon. Now if you want to be heard, you ask to be put on the agenda at the next Commission meeting and we ask you to go on record telling us what you wanted, if it was not the same thing you talked about before, we would put you on the agenda, okay. Mr. Ettinger: When I left here this morning, I was angry, very angry. Mayor Ferre: There is nothing for you to be angry about. Mr. Ettinger: Oh yes there is - Mayor Ferre: I'll give you 2 minutes to say what you have on your mind. and if not you can come during the regular agenda, we will put you on the regular agenda, you can have as much tima as you want. Mr. Ettinger: Mr. Mayor, I left here before very angry. Not only angry, I was beside myself as to what could happen of a City Commission to a citizen of this city. We've been here over 50 years and we have never bothered this City Commission except for what came up and I want it taken care of. Now I took and I went home to my wife to tell her what happened here this morning to find out if I should let go on what was said here by our City Attorney. I left her home sick in bed over this thing, now I know why she has had these heart attacks one after another. When I saw Mrs. Rothstein go out and go down'out there. Mr. Mayor nothing, nothing in this world is worth her life to me so I would tell you this. I think you are wrong in what your doing and I think your wrong in the way you do it, I think your whole system is wrong. When I charged Mr. Reese, I charged him. It was not what I wanted done, it was what I charged Mr. Reese. Mr. Mayor, you can have this City, you can have Mr. Reese and you can have what you want with it. I think your wrong. You people have no right, no right whatsoever to deny a citizen his right to redress, to what was done to me. I'm selling my house this afternoon and you can have it, the City and all. Mayor Ferre: Just for the record, I would like to once again state that this gentleman has been before this Commission for the last 4 Commission Meetings. He has wanted to address the Commission, we gave him the opp- ortunity to talk to the City Manager, Assistant City Manager and the City Attorneys Office. We have no jurisdiction over his case. We cannot hear it. The matter in my opinion has been settled. He has the redress of the Courts if he wishes. There is nothing else that we can say. Is that correct? Mr. Lloyd: That is absolutely correct your honor, there is nothing more. Mayor Ferre: Is that right Mr.' Reese? Mr. Reese: Positively. Mayor Ferre: For the record, we are talking about Mr. Arthur Ettinger, yes. 053 MAY 2 41973 At this time the Commission took up for consideration Agenda Item 13 which was then temporarily deferred to later in the meeting for title , correction. 25, CHANGE ZONING CLASSIFICATION - SPOIL ISLAND LYING OFF An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF SPOIL ISLAND LYING OFF N. E. 64TH STREET FROM R-1 (One - Family) DISTRICT TO P-R (Parks -Recreation) 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 passed on its first reading by title at the meeting of April 26, 1973, was taken up for its second and final reading by title and adoption.' On motion of Mrs. Gordon, seconded by Reverend Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8162. 26, CHANGE ZONING CLASSIFICATION - TENTATIVE PAT �793-A CLU B APARTMENTS LYING EAST OF LOTS 31& 2. FALLESON PARK AMD An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THAT PORTION OF TENTATIVE PLAT #793-A "MIAMI CLUB APARTMENTS" LYING EAST OF LOTS 31 AND 32, FALLESON PARK AMD (4-19), LOCATED AT N. E. 63RD STREET AND BISCAYNE BAY, FROM R-4 (Medium Density Multiple) DISTRICT TO R-3 (Low 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 passed on its first reading by title at the meeting of April 26, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Reverend Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8163. 054 MAY 2 41973 • 27, CHANGE ZONING CLASSIFICATION- LOTS 1 2 PORT.3 MC KAY TOWERS An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1 & 2 AND THAT PORTION OF LOT 3 LYING SOUTH OF THE EXTENSION OF N. E. 69TH STREET, MC KAY TOWERS (75-18) FROM R-5 (High Density Multiple) DIS- TRICT 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 DESCRIP- TION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH passed on its first reading by title at the meeting of April 26, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Reverend Gibson, the ordinance was thereupon given its seco:7d and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None NOTE: This ordinance shown above was later recinded br a motion and readopted with title change. To eliminate confusion, a number to this version shown above was not assigned. See later in this meeting for rescinding motion and readoption of similar Ordinance. MR, KORNER: Mr. Mayor and Members of the Commission in regard to Item 14C my name is Robert Korner, I am the legal representative of the owner of that property. We have applied for a building permit on the property in April. We now wish to change our plan and reduce the density and we are working out to do that and I thought we should make this known to the Commission so that we would understand what we are doing and how we hope to accomplish it. The plan we now propose will have 240 units in lieu of the 344 unit building that we originally planned. We will have our plans into the City COmmission, into the building dep- artment in time, a permit issued and we will proceed under the zoning as it exists today which will be more than the R-4 permits but consid- erably less than what we would be permitted under the ordinance as it exists today. We have talked to the neighbors and we feel like this is a step in the right direction. Mrs. Gordon: I think Mrs. Rockafellar is out there. Mayor Ferre: I am going to recognize her, I know after. Mrs. Gordon: With regard to the request that Mr. Korner just made, your request specifically was - Mr. Korner: No its not really a request as much as simply Commission understanding of what we are going to do and we can do:.this under the ordinance that was just passed and - Mrs. Gordon: But you said it was more than this ordinance we have just passed will permit, didn't you say that? Mr. Korner: Thats correct yes. The floor area ratio is in excess of 1 which is the floor area ratio permitted for R4. Mrs. Gordon: Is the height of the building the same as what it was? 055 MAY 2 41973 Mr. Korner: The original building was 28 floors and this one is 24, so we have reduced the height of the building, we have reduced the number of units. Mrs. Gordon: Will the lot coverage be the same? Mr. Korner: I am not sure. Mayor Ferre: Well this is something we can't determine now. It will come before us later. Mr. Korner: Well it won't have to come, excuse me, Mr. Lloyd may wish to take difference with this. This ordinance will become effective in 30 days and during that 30 days we will have a permit and be underway which we can legally do but because it is a situation, we thought we should let you know about it at this point and get everything on the table. Mayor Ferre: Any further questions? All right, the chair recognizes Mrs. Grace Rockafellar. Mrs. Rockafellar: Well I am on a little different mission this afternoon than' I was this morning. First of all. The gentlemen that own this prcperty did talk to us but we did not agree to anything he said of what R-4 calls for. Now, what I am here for this afternoon is on behalf of both of our associations and the property owners in the northeast area, we want to thank this Commission and most especially the Planning Department under Mr. Acton and Mr. Simpson for catching the errors on the person that represented himself as trustee, and last but not least, Mr. Alan Rothstein whose decisions were most helpful. We think they are three outstanding public officials and we are very grateful to them and most of all, we are grateful to this Commission. Now we want this passed on a second reading just exactly as it was on the first reading and everybody held to the conditions of the reading of the first meeting which is R-4 and not in excess of R-4. Now, the day after this meeting, the man that the attorney just spoke forher._ Mr. Martin just called us, and he praised us and our civic association for the interest that we have in our community, the pride we take in it, and how we have fought to preserve the character. Now he went further and I th:nk this part would interest the members of this Commission. He went further to praise this Commission. He thought it was an outstanding such as ours, to protect it as far as density, overcrowding of streets Commission who had the boldness and the foresignt to protect a community and most especially to keep the character of the community and he told us that he was going to cooperate with you 100%, so again I want to express our utmost thanks to this Commission and to the officials that were involved. We appreciate it very greatly. Mayor Ferrer Thank you very much Mrs. Rockafellar. 056 MAY 241973 28, SELECTION OF ARCHITECT FOR MIAMI MODERN POLICE FACILITY Mayor Ferre: Mr. Reese? Mr. Reese: Mr. Mayor and members of the Commission. We sent out requests to a number of architect firms in the State of Florida to make a submission as to their qualifications, also the work they had actually performed, not just designs they come up with but actually in -place construction as well as other criteria that we endeavored to evaluate, to make sure that the types of buildings they built were of such magnitude to dem- onstrate good design and good engineering criteria. The results of this finding wa.; supplied the Commission with 21 diff- erent organizations making submissions supplied to the Commission for their decision to select one. Rev. Gibson: Are you telling us that all these people are qualified, these 21 on the memo you sent us? Mr. Reese: Well I would say they are all qualified but some represent a lot more experience than others do. Mr. Plummer: Mr. Reese, once again everything is included in here except the cost of the architect. Now are you asking this Commission to select two or three of these firms? so that you can sit down and negotiate with them in- a professional manner? Mr. Freese: With architects, the City prior to my coming here and ever since, has followed the practice of hiring an architect based on the scale that is established by the State Architectural Association and that is on a sliding scale, a sort of fixed rate, or to come up with a fixed fee contract with the architect and I never knew there was a possibility to negotiate with an architectural firm on a possible project in the City of Miami. Architects or Engineers, other than trying to negotiate for a set fee. After further discussion. the following resolution was introduced by Reverend Gibson who moved ..ts adoption: RESOLUTION NO. 73-391 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH PANCOAST ARCHITECTS FOR DESIGN OF PROPOSED MIAMI MODERN POLICE FACILITY AND SUBMIT HIS RECOMMENDATIONS TO THE City Commission (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 Mayor Ferre advised the City Manager that it was understood by the Commission that should negotiations break down with the Pancoast Firm, a subsequent recommendation would then have to be made to the Commission. 057 MAY 241973 • 29, CITY M NAGER'S REPORT ON THE AVAILABILITY OF FUND INCREIASES IN PENSION BENEFITS FOR RETIREES Mr. Reese: Mr. Mayor and members of the Commission. I previously sent you a memorandum on this. I told you I would mail it out on May 17th but it wasn't mailed out until the 17th but attached to it is a memo- randum that came out of the department of finance that sets forth the answer that the Commission was looking for at that time. Or a answer, not the answer. Mr. Plummer: Mr. Mayor, I think the important thing here is so that the public will not be in the dark, nor the people involved. That very simple mathematics, it states a $300 a year increase to the 1249 retirees would amount to $374,700 for the cost of the remaining portion of this fiscal year would be $124,900. Both the City Manager and the City Finance Director concur that there are not funds available for this purpose and also concur in the fact that it should be acted on at this time to implement it in the upcoming budget, or ways to be found to implement it in the upcoming budget. I guess we will just proceed from there. Mayor Ferre: Do you want to make a motion? Mr. Plummer: Well I think those people who are involved Mr. Mayor are the ones who should be heard from, if they have something to say and if they don't, I am ready to make a motion. Mayor Ferre: The chair recognizes Mr. Wilcox. Mr. Tony Wilcox: Yes Sir, we would like to have it implemented now. We asked on December 28th nearly S months and turned it over to the pension board and the administrative pension board didn't make any recommendations but the chairman of the board on March 6, asked what it would cost as of January 1, 1973, what would the cost be to adjust the benefits of all persons further entitled to 1% each year he or she has been retired? That was asked of Kruse, O'Connor and Ling Inc., Actuaries. On May 3, the answer was, the current retirees 1% increase for each year since retirement would cost $197,000. We would like for you to implement this and then if any change be made, you can make them but I have a copy of each of Mr. Lings ? Mayor Ferre: I think we received this. I have seen this before. Now Tony, I will tell you the problem of course is that Mr. Reese says that there is no money. Now I can argue with him at budget time, but I don't know how I am going to argue with him right now. If he says there is no money and he is making a statement to that fact, and Mr. Reese is an honest man. I don't think he is going to come and tell us that if that isn't the way - Mr. Wilcox: I am not questioning that but I was hoping that funds could be transferred to do this for them - Mayor Ferre: Well where are we going to transfer the funds from? Mr. Wilcox: That would have to be studied and then use some of the, they say they can't use the federal money for this but you could make up for the money you transferred. Mayor Ferre: Mr. Reese do you want to answer that? Mr. Reese: We can not do that with federal sharing funds. There is a case in the federal courts right now where the City of Atlanta, Georgia there tried to do that, of taking some regular budgeted funds and use that for a particular purpose and in lieu of the budgeted funds, endeavored to use federal sharing funds, and its in the federal courts right now and it can't be done. That's definitely in the rules. Mr. Wilcox: I am not an attorney but I don't know what the word priority means, on these federal funds. I get lost. I feel it could be used as priority expendutures what the city attorney said but how can you select what is priority expenditures and leave out pension more than you can anybody else. 058 MAY 241973 Its health and welfare, and it comes out of your budget. 1947 (unintelligible) MayorFerre: Tony and Captain, I want to tell you that I for one will vote today to have this put into the budget for this coming year which is in October, 4 months. Now unless you can tell me specifically where the money is coming •,from. Unless Mr. Reese will tell us we can do that. Mr. Reese: Mr. Mayor, if you will recall at the last Commission meeting, when this came up, I said now, I will ask Expenditure Control of the Department of Finance to go through all the accountsand see where this fund would come in so it wouldn't be any of my evaluation on any accounts etc. In the memorandum that was sent out, the Finance Department has made a complete study of all accounts and regret to say that we cannot find any funds available for this use and then if the annual cost is to be included in next years budget, its suggested the information be given to the actuary immediately so it may be included in the 1973-74 city's contribution to the retirement fund, is what they are saying, the city's contribution to the retirement fund. Mayor Ferre: That would cost $374,000. I am willing to go on record Tony, speaking for one but I don't see, you know this is a memorandum from Mr. Bailey and you tell me- , Captain Young: Mr Mayor, let me make a point here please. If I understand it, the figure that Mr. Reese has given you is for a year, cost for a year. Now we have been bandying this thing around for 5 months from one Commission Meeting to the other Commission Meeting and each time they say come up with something, come up with something and now is is 4 months, a little over to October. What we are asking for at this time is that break this thing down and give us something to go on until October and then put this in the budget for something permanent in the budget. That will only cost half as much as he reported it. Mr. Plummer: Well Captain Young, can you tell us where to get the money from Sir? Mr. Wilcox: Since we started here in December, well I hope you can find it somewhere. Since December when we came here, the cost of living has gone up 9% since December and if we wait 4 more months, it will be 15%. Mayor Ferre: Tony there isn't a soul here that would look you in the eye and tell you that what you are saying isn't so. There isn't a soul in the administration or on the City of Miami Commission that doesn't sympathize with what you are saying. I agree, I understand it, I think everybody here sees that. The problem is that we have to live under a balanced budget. The City Charter as I understand it, specifically states that we can't go into any deficit financing. Is that right? The only thing that we can do, is find the sources within the budget or within the available funds that the City has at its disposal. Now the federal funds of revenue sharing according to what you just heard, we cannot touch that, legally, we can't do it, the federal government will not let us. Now the next question is, is there any monies that we can transfer from one source to another? And I am going to ask Mr. Reese again. Are there any sources that can be transferred from the Contingency Fund to some reserve fund to accom- plish this? Mr. Reese: No Sir, the total amount of our contingency fund for a whole year is $75,000 and that's already been reduced in excess of 50'1. Mayor Ferre: Are there any other sources where we can find the money? Mr. Reese: That's what they did was research every account. Mayor Ferre: That's what Mr. Bailey said, this wasn't only you. Mr. Reese: No I am not the one who does it. 059 MAY 2 41973 thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-392 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION THAT A REQUESTED INCREASE IN PENSION BENEFITS FOR RETIRED EMPLOYEES BE INCLUDED IN THE 1973-74 BUDGET AND THAT SHOULD ANY FUNDS BECOME AVAILABLE WHICH MIGHT BE USED FOR THIS PURPOSE BEFORE THAT TIME THAT IMMEDIATE STEPS BE TAKEN TO IMPLEMENT SUCH AN INCREASE IN SAID PENSION BENEFITS AND THAT SUCH INCREASE WHEN AND IF IMPLEMENTED BE ADDED TO THE RETIREMENT FUND (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 andadopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 30, MAHI SHRINE CIRCUS Mr. Newell Taylor: Mr. Mayor and Honorable Commissioners, you know we have had our Shrine Circus the past few years at Tropical Park Race Track and I think all of you know that Tropical Park is out of business. They have partially removed the grandstand. Mr. Hecht of the Flagler Kennel Association has been gracious and generous to us to invite us to use his facilities next year. The reason I am here so early, our tentative dates are March 12 through 17, 1974 but there is a lot of work and a lot of planning going into this. We all work for nothing and so I am here to ask your blessings to come into the City of Miami with the Circus and our Carnival. Mr. Plummer: Newell, what are you asking? Do you want any kind of a resolution from this Commission that we are in favor? Mr. Taylor: Mr. Plummer, there has been rumors that there is no animals allowed in the Clty overnight, wild animals. Our animals are trained and we do have and give most of our income to the children. We have been having a City of Miami Night and a Metro Night. We hope. to get some cash customers when we get to town. Out in the country, its hard to get people out there. Mr. Plummer: Mr. Reese, would it be proper that this Commission make a motion at this time that we look favorably on the transfer of the Mahi Shrine Ciraus from Tropical to Flagler? Mr. Reese: I think it would be a good idea.if you would pass a resol- ution along that intent because I think the circus would do a lot better and be a bigger contribution than that carnival accross the street tat is approved every once in awhile. That is there for promoting business. This is for a public benefit. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-393 A RESOLUTION EXPRESSING APPROVAL OF A PROPOSED PLAN TO HOLD THE MAHI SHRINE CIRCUS IN THE CITY OF MIAMI AT THE WEST FLAGLER DOG TRACK INSTEAD OF AT ITS FORMER LOCATION AT TROPICAL PARK RACE TRACK 060 MAY 2 41973 • (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, Gibson, Reboso, Mrs. Gordon and. Mayor Ferre. NOES: None 31, ORGANIZATIONS Mayor Ferre: The chair will now recognize Mr. William Huggett on a formal request to appear before the Commission to discuss a petition from several civic organizations. Mr. Huggett: I understand you have already passed what we are looking for but just to go on record as who is in favor of your petition that you have just passed, I represent the Greater Miami Reform Committee as well as the Tigertail Association, The Bayshore Homeowners Assoc- iation, the Coconut Grove Club and the Bay Heights Civic Club. Our petition was to make the City Attorney a full time job which I understand you have already passed so I won't belabor tha point. I would say only that in discussion with the groups after we had first proposed this, I have learned that sometimes it is very difficult to get a very competent City Attorney for the amount they are paid and I would suggest and I don't ask the City to vote on it now but I suggest that for your consideration since you have already passed that, that if you have a City Attorney and he is not full time, or if you have one and it doesn't pass, that by simply requiring your attorney and I am one so I know of what I speak, to make public his list of other clients, you can well serve your own end. Obviously the reason is to prevent a conflict of interest and I think there is a great difference in a man who represents matters which may come before the City such as motions for variances than an attorney who represents lets say, a personal injury client to an insurance company or something. There is a difference in what your attorney does and I say if for some reason you don't get a full time, then I suggest to ycu that simply requiring your attorney to give you a list of whatever other clients he represents, you can very well accomplish the same thing. Mayor Ferre: Thank you for being with us today. 32, PERSONAL APPEARANCE - MR. EMILIO LOPEZ RE WYNWOOD PARK Mr. Lopez: Mr. Mayor and City Commissioners, Ladies $ Gentlemen, after looking over your agenda the request of Mr. Emilio Lopez in reference to re -naming of Wynwood Park, I have the idea that you have the wrong impression of the reason of my coming here. First of all, it is not Emilio Lopez that is going to speak on the subject of the Wynwood Park. I am only a mouth -piece of hundreds of Puerto Ricans and residents of the Wynwood Area who are concerned about the situation in the Wynwood Park and what is happening in the area. Secondly, I am not here to ask you to change the name to Roberto Clemente Park but to see that this park is made fit to accomplish its purpose. It was the mandate of my community to request from you the following: That a new building, a new facility be built to replace the inadequate old facility. When it rains, it rains more inside than outside. Installation of Lights in the PARK. That our community be given the opportunity to review the design or plans and have a voice in input into the structuring of the park. Finally, not to change the name from Wynwood to Roberto Clemente until the park is completely remodeled and worthy of the name and our community has a chance to make an official inaugaration. We recommend to the city fathers that when dealing with issues that affect not only a particular neighborhood, but also part of the families involved, that the Commissioners come out of their chambers, at night, if possible, and listen to their concerns. 061 MAY 24673 Second, if this is not possible,to hold the meetings at night in the City Hall so that our neighborhood could be present, therefore, we request as a follow up to our presentation, that a meeting be held between our community and the city fathers in regard to Wynwood Park. Mayor Ferre: Thank you Mr. Lopez. For the record, you wrote Mr. Reese on May 9 and on May 16, he sent a memorandum to the Commission stating that the total cost of the building improvements as recommended would be around $75,000 and the construction plans are underway and should be completed by June 15th which means we will get bids by July loth which means we could award the contract by July 26th. This morning I talked to Mr. Reese and mentioned to him that in this memorandum, even though there is a perimeter fence, handball court, baseball backstop, installation of sprinkler system, landscaping and installation of tables,and benches etc., I would like to not only on the basis of Wynwood Park but I would like to recommend to the Commission something which we started to do back in 1969 and which we did for awhile and, it got away from us and I know its time consuming and we all work hard and have other things, but I think its time again for us, once in awhile, to go out into the community and talk to the people in the community, in the evenings where we are accessible and they are available and we can have Town Hall Meetings. I know this has been a matter of contraversy in the past but I think one of the most important functions of a Municipal Government is to go into the community itself and be heard at the community level and I would recommend we consider this. I am not going to make a motion to this effect today, I will in the future. I would like to just for the purpose of•initiating this type of an approach, to continue to show .that the City of Miami is always receptive and always available to the citizens. I would like to respectfully request this Commission, to gather some evening at Wynwood Park and discuss this general neighborhood and its problems with the residents of the general area and beyond that, Mr. Reese is passing out Parks for People Bond Program and the District Meetings. Mr. Reese, I think this is exactly what I was talking about, that we could incorporate some of the town hall type of provisions into the existing district meetings and actually request that as many members of the Commission as can be there, be present to discuss these matters with the people. Mr. Reese: Mr. Mayor, the purpose that I had in handing this out is that first of all to get this on an orderly and systematic manner, I would suggest we allow the committees in the different community areas to get functioning on these park needs which can be done in a short time. As soon as the community gets together and gets their thinking resolved to a degree, then you go into Town Hall Meetings because then you have an organized group that is concerned about the parks in the area that will be in a position to discuss it and discuss all of the problems and I think that your Town Hall Meetings then will become much more meaningful because people will have a chance to discuss it among themselves and realize what its all about. These booklets show each district where we are setting up these meetings. Mayor Ferre: Mr. Reese, what I was saying is I think we might take this opportunity to expand these district meetings beyond just parks, in other words, that we take up the park matters first but if there are any other citizens that want to discuss any other problems. I went out to Wynwood Park and I heard 2 hours of very dedicated citizens that have a lot of concerns. I am going to be very frank to tell you and some of the people that were there are here today, that half of the problems that I heard, we can't do anything about because they are not City of Miami problems but there are certain are areas thatwe may be able to help and I think that we owe it to the citizens to listen and to participate and if possible to help. I think this might be a good place to start. I am not disagreeing with what you said and by the way, I want to thank the administration for the new picture you put of me here. I will recognize Armiciado. Mrs. Armiciado: Did you use a figure of $75,000 in that report? I was understanding it was $110,000 that had been allocated for Wynwood. Mr. Reese: That is correct. 062 MAY 2 41973 Ferrer This Mayor $75,000 of the 110- y just Mr. Reese: For the building Mrs. Armiciado: For a new building? Mr. Reese: No for reconstruction of the present building. Mayor Ferre: That is.something we are going to have to discuss at the meeting. Mr. Reese tells me for us to knock down that building and put up another building for that $75,000, you would end up with a smaller and not as good a building, and what they are recommending doing is obviously they will have to tear off the roof and put up another roof but the walls and floors, some of that can be saved and the question is is of logic and common sense. Mr. Reese: We have $110,000 programmed for the entire park. If we tore down that structure and built another building exactly the same size as this building, it would take the $110,000 and that would leave us no funds for doing all the other necessary, work in the park area. It won't give you a larger or better building so it is just almost the practical thing to do to say, we will re -building this building, do as much to it as possible and still monies to do other things,including the lighting, handball courts baseball stops and sprinklers etc. Mayor Ferre: When you see the drawings Emilio that will be available on June 15, I think you will recognize this isn't just patching up and putting tarpaper on the roof, the roof will have to be torn off and rebuilt. Mrs. Gordon: I wanted to say, I inspected this building a year ago, it was deplorable, dangerous, not habitable, certainly not for little children. I came back here and I expressed myself to the Commission at that time and when the issue came before us for the first sale of bonds Wynwood Park was not on the priority list. I did ask and the Commission did follow my recommendation that this park be placed amond the priority items and the safety factor, its not for any other reason. I was a bit taken aback by the Manager's recommendation that it was going to be a re -built of the present structure since I thought the present structure looked so bad and had no value but I am not an engineer and I do have to take the recommendation of the engineering department of our City and they have assured me that the building that will be re -built around the core will not be recognizable as the old building ever was there and will be a brand new appearing structure. Mr. Lopez: Mrs. Gordon, you know you told us and I have been working in that area for the last 5 years and the park has been in a deplorable condition for the last 10 years. What I am telling you is if you remember, the building is held together with scotch tape. If you just rebuild it. Mrs. Gordon: And add on. They are going to add on new areas. Here is the point. I would still prefer a new building very much prefer because understanding realestate as I do and property values as l do, I still feel there are obsolete factors within that building that are within the walls of the building and if you tear down the walls, what have you got left? Nothing, so I still would prefer it, if we could do it within our budget but there is another factor that is of concern and that is time and when I saw the timing on this recommendation from the Manager, again I decided, its important to get this thing started and if we are going to start another approach, its going to take months more of planning etc. and delay so you see the problem? Mr. Lopez: I see your problems. Mrs. Gordon: We are interested in what is best for the community. Mr. Lopez: I am interested that you people realize what we are trying to do in the area. We are trying to help you to realize what is really going on and not to exclude us. Up to this point I would say that our community has been excluded. Mrs. Gordon: You are in these priority items and you are not excluded. 063 MAY 2 41973 Mayor Ferre: Mr. Reese, just for the record, I want to say that when I went down there, there was a class and two very fine, dedicated women who were taking care of the children of that community and we had some other boys and men that were involved in participating. I sensed a positive spirit of cooperation. Here is what I saw. I saw about 15 little children sitting there and 5 feet above there was a hold that must have been 3 to 4 feet accross . As I looked over that roof, half of it was rotten. There were wires that were going along the side of beams that were just nailed on and hanging down were light bulbs, the way they used to do things 40 or 50 years ago and I don't have to be much of an electrician to know that when it rains, those kids have got to get out of that building, not because they are going to get wet but because it becomes an electric trap. These kids could be electrocuted there and I really think until we get going, we ought to really make sure, I know these children need a place to meet but I hate to have an accident happen in a place like that. I am not accusing anybody of negligence, I am just saying that I would say I was rather surprised to see the really bad conditions of a building that was being used by the City of Miami with these little children inside. I think that warrants a little looking into. Mr. Reese: Mr. Mayor, I am sure we can go over and make some emergency corrections to eliminate the obvious safety factors, maybe even put a canvas over the top of the roof to hold it down for the time being, to give water protection as well as do some temporary electrical but I know that the City Commission is not criticizing because everybody recognizes the position we have been in. We have several of these parks that fall into a like category. Moore Park building is another good one as an example but this afternoon we have the balance of this bond issue up to the city commission to give us the approval to go ahead and we are moving very very rapid on these buildings and on these parks just as soon as we get the money and on this one as I pointed our in the memorandum, ourown architect in the City and Engineering people are doing the actual remodeling design so we don't have to tie ourselves up withoutside delay etc., and thats underway. Mayor Ferre: Mr. Reese, what district does Wynwood Park fall in? It looks like District 1. No its District 2. Mr. Reese: It is District 5. Mayor Ferre: Can we have the District 5 meeting first? Mr. Reese: I can ask the Parks Department to set that meeting up first, there's a full committee and everything. Mr. Lopez: We are willing to participate and help in any way possible. Mayor Ferre: We will set up a time and if the Commission can go there, I will be there and whoever else wants to attend. Mr. Lopez: I would like to ask a question of Mr. Reese and the people in charge of this bond issue. Are there any Puerto Ricans included in any of those boards in which they can make an input, a meaningful input to the parks? Mayor Ferre: This City Commission has a record of including all of the people, I would imagine there are Puerto Ricans included in District 5. Mr. Reese: I can't answer that question. the chairman was selected by the Mayor for these areas and how the membership was developed from that point, I have no part of, but I can find out. Mayor Ferre: Would you do that and send us a report and then if we have to expand or add, I would be very grateful if I had the opportunity to add members to that. Mr.Lopez: And there are many other boards that I know there is a lack of representation from my community. Mayor Ferre: We will take that into consideration at the meeting. Mr. Lopez you call the Manager to see what day is acceptable. 064 MAY 2 41973 33, -PERSONAL APPEARANCE- JOSEPH MUSLIAL RE POLICE IDENTIFICATION TECHNICIAN'S PARTICIPATION IN POLICE AND FIRE PENSIONS Mr. Musial: I am here on behalf of the City of Miami Police Ident- ification Technicians. We filed a petition some time ago to be included in the Police and Firemens pension fund and following this turn- down, we took this matter into the Court and got a declatory decree from the Circuit Court stating that we were entitled to be included in this particular fund. On February 8th, we came before this body and asked that in the interest of time and expense to all concerned that the Commission not appeal the case further but abide by the Circuit Court decision to include us in the Police and Firemen Pension Fund and at that time the issue was tabled pending a cost study from Mr. Reese on what it would cost to include the 32 Identification Technicians in this fund and so I am back here today with the same appeal asking you people in the interest of time and legal expense for all concerned, not to appeal the matter further but to accept the decision of the Circuit Court on this matter. Mayor Ferre: Mr. Reese, what is the Manager's Office reaction to this? Mr. Reese: Mr. Mayor this has been to Court and was adjudicated in the lower court and its pending appeal to the Court of Appeals and that is what brings this problem forth. The Technicians were asking the City Commission not to proceed with the appeal but see if they couldn't resolve the question. The question before the City Commission is that the technicians want to be classified as police officers in order to benefit by the pension priveleges that are set forth for the Police Officers and this has been discussed a number of times and these people were not hired under the rules and the regulations applying to the uniform people, they were not hired as :uolice officers and they are not performing police duty as set forth in the State Statute as well as in the local criteria, and the last action of the City Commission was a request of the Actuary as to what it would cost to put these people under the employees benefit of policemen and the Actuary figured it would be $12,100 to put these people in that category and of course it would be necessary for them to increase their contributions to 811% instead of the 7 they are paying now. Mr. Musial: May I say one thing Mr. Mayor in reply to Mr. Reese's statement. He continually contends as do all the others that we are trying to say that we are police officers and are trying to be made police officers. Nothing could be further from the truth. We are Identification Technicians. This is a profession in itself. It is a vital function within the police department but we are technicians primarily, we are not policemen and we recognize that. We are not trying to be made policemen but because of the nature of the work and because of precedents that have been set in the past, we feel that we are entitled to all the emoluments and benefits. Mayor Ferre: All right-, lets hear from the City Attorney on the question of the appeal. Mr. Rothstein: We have already won one lawsuit with reference to people pay in which the final determination is that these gentlemen are not entitled to police pay. So far as this is concerned, as I have told the Commission a number of times that while at the trial level oft times we lost, most of the time on the appeals we are successful because we are out of the lower level of the trial atmosphere and into the law and this is a matter of a policy situation for this Commission to determine based on the recommendations of the Manager as to whether its appropriate or not appropriate. It changes greatly when the men can retire, their benefits, the cost and Mr. Reese just told you what the cost was so as far as I am concerned, we have taken the necessary steps for the appeal, we are awaiting your decision telling us whether to go ahead or just drop it. 065 MAY 2 41973 Mr. Plummer: Mr. Mayor may I inquire of Mr. Musial. This $12,000 figure that is referred to. Now Mr. Reese, explain that, is that per man, or all 32? Mr. Reese: The Actuary said: Increase in required annual city contribution if employees transferred to Group 3, Class A-2, would be $12,100. That is for the I. D. Technicians. For all City Employees to be put under that who are not police officers, to make like benefits available for everybody, would be $736y400 plus the individual has to increase their contribution to 811%. Mr. Plummer: Mr. Musial, didn't I read somewhere where your group and I am speaking of the 32 were willing to pay the $12,100? Mr. Musial: In the decision from the Circuit Court, this sets this out that this will be done. Certainly we are going to pay the difference. Mr. Plummer: Did your group, the 32 of you agree that you would increase your annual contribution to 81.1%? Mr. Musial: Certainly. Mr. Plummer: Mr- Reese, is in fact this $12,100 to be paid by them - Mr. Reese: Thats what I said. The increase in required annual city contribution if employees are transferred is $12,100. The employees contribution is increased to 81/2% in lieu of, what is your deduction now 711 or 8? Mr. Musial: About 71 Sir. Mr. Reese: 71, so they would have to increase their contribution by 1%. That automatically gives them the eligibility of retiring at 50 years of age as well as your other benefits. Now this has to be evaluated in other than dollars and cents. Mayor Ferre: I understand that the City of Miami Beach went through the same procedure last year and tEat it ended up where these people were admitted. That the courts resalved in the same way, is that so? Mr. Reese: I can't answer that question Mr. Mayor. I don't know it to be a fact and I haven't heard any discussion on it but I do know that the Miami Beach pension system is altogether different than the City of Miami so it can't be applied as being a parallel. Mayor Ferre: What is the will of the Commission? Rev. Gibson: I have difficulty in not wanting the very best for the people who work for the City. I have strong strong difficulty. I don't know how pension funds operate but I have some idea. I just left New York where I was just talking about the pension fund of our church. I know the problems but it seems to me that these people are not police officers but work in conjunction with them, they are like an arm or a foot, they are our people. It seems to me that I would like to see this differential worked out. I don't want to do any injury to another mans pension because I don't want anybody to do it to mine but I would hope we could work this business out, get it together, and the other point I have in mind is, the Circuit Court has said this ought to be done. I remember reading the material when it first came before the Commission since I have been here where you set the precedent by doing it for some one or two other people who were similarly situated so it isn't a precedent and maybe that was a part of the courts reasoning. Now, I would like to have somebody explain to me the fact that you had a previous incident and it was done, why can't you do it now? I know 30 is greater than 1 but the fact you did it for one, it stands to reason that each man of that 30 has the same equity as 1 had propor- tionately. 066 • • Mr. Reese: At one time in the City of Miami they had a pension system that went b krupt. Back in 1948 so the City had reworked their system and had some��people do a great deal of effort on it to try to set it up with certain criteria in mind. One criteria was the demands and the job requirement as far as entrance requirements were concerned as well as the risk the individual was exposed to. This made one category of your pension system which was the uniform police people and firefighters. Now from time to time, there has been other categories set up for the general employees in different classifications. Based again on the Actuaries studies as well as the evaluation of the pension system. I don't want to say that the system would be in a bankrupt or default situation if endeavored to give all people the same evaluation and the same benefits out of the pension plan but if you are going to consider that approach, I would make a suggestion 'that I think would be the right suggestion and that is you set a date of say 1976 or some one date, from that day on, everybody that comes to work for the city has to meet the same criterias, perform under the same conditions, then they would receive the same benefits, their contributions would be the same. Your contributions have to be equal or have to produce the necessary funds for you to retire. We have people in the General Employee category that come to work for the City at an age when other categories are already eligible to retire because those people are needed but you surely wouldn't give them the same benefits that you would give the other people who have two exposures and been here a lot longer etc. All of these rambling things I have been saying are criterias that have to be taken into evaluation. That's why you have your classes, your group 3s, etc in your different categories in your pension fund. At one time, we used to have people even under a pension contract system that was part and parcel of this program. Mayor Ferre: I think we've heard enough. Everybody has made their statement. The City Attorney has told us this matter is in court and we are appealing it. Obviously you wouldn't take it to the appellate court if you didn't think you could win it. Mr. Rothstein:Yet, Sir, otherwise we would recommend not. Based on the other decisions where they ruled in our favor,that they were not entitled - Mayor Ferre: And its a matter of policy now. Its a matter of, I mean, I will make this statement. I for one ;ee the justice on both sides. I think what you are saying has an awful lot of merit but I also see what Mr. Reese is saying Mr. Musial: Mr. Mayor may I - Mayor Ferre: Let me finish my statement. I think there is a lot of equity that has to be considered. A lot of other people who have paid into the pension and thats what this is all about, is equity, we have to be fair. Mr. Musial: When I first came.with the City, I had to meet all the same standards as the police and firemen met, as far as age and everything else and when the question that Reverend Gibson asked of were there any others of like classification under this pension plan, that was never answered. Yes there were and there have been. My predecessor, Mr. Volmer was never a policeman or a fireman. He was the Supervisor of Identification and Records. He retired and was active in the police and ifiremens pension fund through his whole tenure and how can you give it to him and not give it to me when I had to meet all the same criteria, the same standards that he had to meet. Mr. Robert Faulk: If I may, the statement that Mr. Musial just made is not entirely correct. Mr. Volmer originally was employed as a fireman back in 1937. Mr. Musial: Not he was not. He was an emergency fireman which didn't mean the same at the time. Mr. Faulk: You said he was not a fireman, or policeman, he was originally a fireman. Mr. Musial: Explain the category of emergency fireman first before you say he was a fireman. 067 MAY 241973 4P Mayor Ferre: Bob, we aren't going to get into, you know we have been on this for 15 or 20 minutes. I think we have heard enough. Do you wish to add anything else? Mr. Musial: Mr. Mayor - Mayor Ferre: Mr. Reese, do you want to add something to this? ANy members of the Commission want to add anything? Well, the chair will now. Would you make it quickly? Mr. Naples: Yes Sir, I am Gene Naples, I am on the Fire Department representing the Miami Association of Fire Fighters. I am at a loss how the Circuit Court could rule under the circumstances frankly and I agree with Mr. Reese that the requirements for coming on the job, if we are going to categorize police technicians who are not police officers, of course the Fire Departmenttis involved in this, I would suggest to you at this time that we may very well have the Fire Department Shop people down here wanting to get into this also. I think it would be beneficial to him. I think there are other people working for both departments who might very well be included. If that were the case, I think you can take the title of Police and Fire and remove it and put everybody in a general category. Mayor Ferre: All right, is there any further discussion? Do we need to take action on this? Mr. Rothstein: Its already appealed. Mayor Ferre: You are under appeal. The only way now is if somebody wants to make a motion at this point to have you withdraw the appeal. Mr. Rothstein: That is correct. Mayor Ferre: Anybody want to make such a motion? Is there any further discussion on this matter? We will take up the next agenda matter. REV, GIBSON: I still wish we could adjust the equity part and then solve the problem. I have strong feelings about - Mayor Ferre: I have a recommendation. My recommendation is that I am going to appoint a committee of one, which is you and I am going to be your assistant on that committee and you and I are going to sit down with the representatives involved and with Mr. Reese and discuss it and then we will bring it back the next time. Rev. Gibson: It will be my pleasure. 34, ACCEELELAL:_1021EILAZA The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-394 A RESOLUTION ACCEPTING THE PLAN ENTITLED FORTE PLAZA A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) 068 MAY 241973 • Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Rebosg, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 35, ACCEPT PLAT - MONTERO SUB The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-395 A RESOLUTION ACCEPTING THE PLAT ENTITLED "MONTERO SUB" A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING A COV- ENANT TO RUN WITH THE LAND POSTPOINING THE IMMEDIATE CONSTRUCTION OF IMPROVEMENTS IN ALLEY ABUTTING SAID SUBDIVISION; MUCH REMOVAL, FILL, ONE STORY DRAINAGE STRUCTURE AND ASPHALT CONCRETE PAVEMENT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (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 36. QUIT CLAIM DEED - LOTS 1 & 2� BLOCK 2 AMD PLAT OF FEDERAL WAY The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-396 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND DELIVER TO HARRY S. ROTHSCHILD AND ALLYSON A. ROTHSCHILD,HTS WIFE, A QUIT- CLAIM DEED FOR A FIVE FOOT PUBLIC SERVICE EASEMENT ABUTTING THE SOUTHERLY BOUNDARY OF LOTS 1 $ 2, BLOCK 2 AMENDED PLAT OF FEDERAL WAY (25-6), LOCATED AT THE SOUTHWEST CORNER OF N. E. 79TH STREET AND STH AVENUE (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 069 MAY 2419 37, FEDERAL GRANT APPLICATION - PSYCHIATRIC CONSULTANT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-397 A RESOLUTION APPROVING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMINISTRATION, TO IMPLEMENT A PROJECT ENTITLED "PSYCHIATRIC CONSULTANT"; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE ALL CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT (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 38, AUTHORIZE CONTRACT - SANITATION EMPLOYEES ASSOCIATION The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-398 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION EMPLOYEES ASSOCIATION, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HERE IN IN THE ATTACHED COPY THEREOF (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 070 ., MAY 2 4197 a 39, ' ' • 1 ► ;11 AND BEAUTIFICATION 1 Y ;Y C$NN 1 11 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-399 A RESOLUTION APPOINTING ADDITIONAL MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION (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 The following members were appointed: DAVID SIMPSON JR. MIKE MARTINEZ NATHANIEL DEAN JACINTO A. ALFONSO FREDRIC B. BURNS MILDRED B. CALLAHAN OFELIA T. FERNANDEZ GERALD SILVERMAN WILFREDO GORT 40, EVALUATION OF COCONUT GROVE INCINERATOR AND SITE TNe following resolution was introduced by Reverend Gibson who moved ;its adoption: RESOLUTION NO. 73-400 • A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH AN EVALUATION OF THE COCONUT GROVE INCINERATOR AND SITE AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM ON THIS MATTER DATED MAY 21, 1973, COPY OF WHICH IS ATTACHED HERETO ANI) BY REFERENCE MADE A PART HEREOF (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 Specific recommendations are attached to Resolution No. 73-400. 071 MAY 2 41973 41, AUThORIZt SAFE OF $11,510.000 PUBLIC PARK AND RECREATIONAL. FACILITL BONDS Mr. Reese: Mr. Mayor and members of the Commission, the last time we went out on the Parks Bond Issue, we sold $28,350,000 worth. Those bonds were sold for $7,500,000 for the Bayfront Expansion, the Ball Point property, $715,000,000 for the Bi-Centennial Park, which is the F.E.C. Dock property, the Downtown Riverfront is $100,000 was sold on that property. $50,000 sold on the Bicycle Paths. $300,000 for Dixie Park. $100,000 for Dorsey Park. $2,000,000 for Martin Luther King. $220,000 for the Edison proposed neighborhood park. $666,000 for Manor Park., $385,000 for Moore Park. $110,000 for Wynwood Park, leaving a balance of the second issue to be: $1,700,000 for the balance of the Downtown Riverfront. 200,000 for the Downtown Urban Park 669,000 for the Bicycle Path, balance on that 316,000 :nor Dixie Park, balance on that 528,000 cor Dorsey Park, balance on that 700,000 for proposed Trail Community Park which is a park that was recently agreed upon that we would participate with the federal government in building a park on the water- front so we need that money for condemnation bringing the total of the bond issue to: $11,540,000. The reason that most of this first issue got the priority it did, was the majority of that money was for condemnation purposes and we can't proceed to condemn until we have themoney in our financial records. Now we do have the money, the money that is being held for condemnation is out on interest. We are getting between 61/2 and 7% on some of it. The balance that is to be sold will be used and programmed immediately. Mayor Ferre: Any questions of Mr. Reese on this? I have a statement then that I would like to make and that is one of congratulations to Mr. Reese for dilligence that he has shown and this is one more step forward to complete the will of the people when they voted for the Park Bonds. How many years ago was that Mr. Reese? Mr. Reese: The Bond Issue was January 1972, that was the proposal. Mayor Ferre: The bond issue in 1972 was when a lot of people worked very hard and citizens expressed their opinion and here we are in May the following year moving along. A lot of questions have been asked as to why we haven't moved any faster. I think what you have shown us today with regards to the parks and programs, I think we are now saying to the community and citizens that this City of Miami is performing as expected and moving along the road of fulfilling our obligation of creating these parks and I think this is another great day for the City of Miami. Mr. Rothstein: Along those lines Mr. Mayor, I would like to advise the Commission that the property in the middle of the Wainright Park is now the city's property and is in process of proceeding with that natural hammock and how to use it is in Mr. Reese's hands. Its complete. And on the motion made by Mrs. Gordon on this Coconut Grove Marina, we are awaiting the title searches. Everything else is processed. As soon as the title search is completed, we will file and take it. Mr. Reese: Mr. Mayor, there have been numerous photographs in the paper about the old city docks. The most recent one is a building that looks like somebody's outhouse down there. That building is what we are paying for the fill to fill those slips. Mayor Ferre: You had better protect it then. Mr. Reese: That structure is housing a laser beam that is used in the dredging program to maintain their centerline. This is a new technique and is the first time it has been used in South Florida and for the location of this structure, they are going to supply us with about 3/4 of a million yards of fill to put, to bring the city docks up to a grade that the designer is proposing. This is up before the State cabinet in Tallahassee on June 5th. I anticipate to be there to present it and I don't see any problem of getting our permit. The dredging people are hoping that they can move in there in September, October and November when the winds and tides have changed and they can't work on out shore. 072 MAY 241973 Mayor Ferre: Wonderful, and you know Mr. Reese, I think in a couple of years, the City of Miami is going to have one of the best system of parks of any metropolitan area in the United States and when that happens, 1 am sure we won't have any recognition and credit from certain segments of this community, which I won't name and you will see other photographs which will be critical -and ridiculing some of the things the City is doing but the people of the City of Miami will know and they are the ones that voted for the bond issue and they are the ones that are going to get the parks, so lets move on. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-401 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH THE IMMEDIATE SALE OF $11,540,000 PUBLIC PARK AND RECREATIONAL FACILITIES BONDS TO COMPLEMENT THE FIRST SALE OF BONDS AMOUNTING TO $28,350,000, A MAJOR PORTION OF WHICH WAS EXPENDED FOR FIVE PROJECTS, CONSIS- TING OF ACQUISITION AND DEVELOPMENT - BALL. POINT; ACQUIS- ITION AND DEVELOPMENT OF BI-CENTENNIAL PARK; DEVELOPMENT AND ACQUISITION OF PROPERTIES FOR THE MARTIN LUTHER KING BOULEVARD PROJECT; ACQUISITION.OF DINNER KEY BAYSHORE UNDERWOOD MARINA AND RESTAURANT PROPERTIES; AND ACQUISITION OF WAINWRIGHT PARK PROPERTIES, ALL OF WHICH REPRESENTED AN EXPENDITURE OF $25,900,000 OF THE OVERALL $39,890,000 PUBLIC PARK AND RECREATIONAL FACILITIES BONDS AUTHORIZED TO BE ISSUED (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 42, PERSONAL APPEARANCE - MR. ERKY FANATTO Mayor Ferre announced the chair would recognize Mr. Fanatto at this time for a brief statement. Mr. Fanatto: Honorable Mayor and members of the Commission. Erny Fanatto is my name and I am president of the taxpayers of Miami and Dade County and Homestead Tax. I would like to make some comments. Before I do, I want everybody in this room to know. I am not taking any offense against any people in any nationality. We are people of God and I think everybody should be treated equal. Mayor Ferre: Now wait a minute Erny, are you going to talk - Mr. Fanatto: I mention that statement a man made awhile ago that you told Mr. Reese to make Mr. Mayor and this is what it is. Mayor Ferre: You aren't talking on Item #30 are you? Mr. Fanatto: I don't know. Mayor Ferre: If you are talking on Item #30, you can sit down. 073 MAY 241973 Mr. Fanatto: I am not talking about Item 30 Mr. Mayor. I am only bringing this up. I have helped every minority party in the City of Miami. When Abe Aronovitz was elected Mayor, he was the first Jewish Mayor and I helped him. I have helped the colored people. I have helped every colored person who was elected, I have played a part. Some was major and some was smaller, however, awhile ago I heard some remarks here that Mr. Reese was to check certain nationalities of wanting to know why they don't have representations on the board. I don't blame anybody for doing that, if they want to do that but lets call a spade a spade. I am going to talk about a nationality now. On the Planning Board, you have several cubans, you have several colored. On other departments, Civil Service Board, but now you people want to do what's right and fair, you have the cubans, you have the colored but you don't have one italian. Now Mr. Mayor, I want you to tell Mr. Reese to make an appraisal to find out why there's no italians on any board'and come back and lets do that. I want you to know this here. You say your are fair and you are not discriminatory.. You made appoint- ments, but you never made it for an italian. Mayor Ferre: Would you believe I am part Italian? Mr. Fanatto: I want Mr. Reese to come back here and tell whether there is any italians on any board in the City of Miami in any position and you will find - In the future when you say you want other nationalities to have consideration give everybody the same consideration. 43. ACCEPT BID - 3 YEAR INSURANCE POLICY The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-402 A RESOLUTION ACCEPTING THE BID RECEIVED MAY 7, 1973 OF FOREMOST INSURANCE,COMPANY FOR A 3-YEAR INSURANCE POLICY PAYABLE ANNUALLY, FOR FURNISHING LIABILITY INSURANCE FOR THE PERIOD JUNE 1, 1973 THROUGH MAY 31, 1976, AT AN ANNUAL COST OF $15,000; AND AUTHORIZING THE DIRECTOR OF FINANCE TO PLACE THIS INSURANCE COVERAGE (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, Mrs. Gordon and Mayor Ferre. NOES: None 074 MAY 2 41973 • 44, ACCEPT BID - CASSETTE PLAYER AND ASSOCIATED EQUIPMENT The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-403 A RESOLUTION ACCEPTING THE LOWEST AND BEST BID AS RECEIVED FROM MOTOROLA TELEPROGRAMS, INC., FOR THE LAW ENFORCEMENT PROGRAMS AT A COST OF $3,015.00, AND FROM SPIRE AUDIO VISUAL CO., INC. FOR THE CASSETTE PLAYER AND ASSOCIATED EQUIPMENT AT A COST OF $1,590.00 AT A TOTAL COST OF $4,605.00, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION 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. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 45, ACCEPT BID - EMULSIFIED ASPHALT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-404 A RESOLUTION ACCEPTING THE BID RECEIVED APRIL 25, 1973 OF CENTRAL OIL ASPHALT CORPORATION FOR FURNISHING EMULSIFIED ASPHALT, AS REQUIRED, FOR THE PERIOD FROM JULY 1, 1973 THROUGH JUNE 30, 1974, AND AUTHORIZING THE CITY MANAGER 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. Reboso, the resolution was passed and adopted by the following vote -AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 075 MAY 241973 • 46, ORANGE BOWL - N. WML RESTROOM ADDITION FOB HANDICAPPED PEOPLE - Mr. Reese: Mr. Mayor, Item 34, we went out on bids. We got two bids on this but we have now done additional research and we can put in a lavatory over there that would accomodate these people for about $5,500, sq I am going to throw out these bids and re -advertise because we can save around $20,000. I am just giving you this information. I can throw out the bids and I have that authority. 47. CHANGE ZONING CLASSIFICATION - LOT 3, BLOCK L. MC KAY TOWERS An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FOR THAT PORTION OF LOT 3, LESS NORTHEASTERLY 420' LYING NORTH OF EXTENSION OF N. E. 69TH STREET, BLOCK 1, MCKAY TOWERS (75-18), LOCATED AT 880 N. E. 69TH STREET, FROM R-1 (One -Family) DISTRICT 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 CON- FLICT HEREWITH passed on its first reading by title at the meeting of April 26, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Reverend Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8164. At this time the City Attorney announced there had been an error in Item 14C (See Minute Item 27) passed and adopted this date and that in order to correct it, the ordinance would have to be rescinded by a motion and then readopted. The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION TO RESCIND ITEM 14C PASSED AND ADOPTED THIS DATE Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Reboso, Mrs. Gordon and Mayor Ferre. NOES: None 48, CHANGE ZONING CLASSIFICATION -LOTS 1 & 2 & PORTION 3 MCKAY TOWERS NOTE: This is a correction of Item 27 in these minutes previously passed and adopted and rescinded by the above motion. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1 & 2 AND THAT PORTION OF LOT 3 AS PER ATTACHED MAP,MC KAY TOWERS (75-18) FROM R-5 (High Density Multiple) DISTRICT 076 MAY 2 41973 1 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 REF- ERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH passed on its first reading by title at the meeting of April 26, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8165 THE CITY ATTORNEY RULED IT WAS APPROPRIATE TO AMEND THE TITLE OF THE PRECEDING ORDINANCE AT THE TIME OF ITS SECOND READING. THE ORIGINAL VERSION WAS PASSED AND ADOPTED APRIL 269 1973 ON FIRST READING. 49, ACCEPT BID - MATERIALS FOR LIGHTING OF CITY OWNED PARKING LOTL The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-405 A RESOLUTION ACCEPTING THE TOTAL BID LESS ITEMS 2 AND ALTERNATE 19, RECEIVED MAY 22, 1973 OF RAYBRO ELECTRIC SUPPLY FOR THE FURNISHING AND DELIVERING OF MATERIALS FOR THE CITY OWNED PARKING LOTS - LIGHTING - 1973 AT AN ESTIMATED COST OF $21,799.36; ALLOCATING THE AMOUNT OF $24,400 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVE- MENT FUND - UNALLOCATED FUNDS" AND DIRECTING THAT A PURCHASE ORDER BE ISSUED 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, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None - 077 MAY 2 41973 50s CUBAN MEMORIAL BOULEVARD (SW 13TH AVE) - PUBLIC HEARING: The Mayor announced that the Commission was now ready to consider an advertised public hearing for the purpose of recon- sidering the action taken by the Commission several months ago in_re-naming SW 13th Avenue from SW 8th Street to SW 22nd Street as Cuban Memorial Boulevard. The following discussion occurred: Mayor Ferre: Each group will have exactly thirty minutes. Now you can divide your group any way you want. You can have one man speak for one minute, or he can speak for three minutes, which is the average, or he can speak for ten; but at the end of thirty minutes I will then move to the other side. At the end of those thirty minutes, which will be one hour, then we will give each side five minutes for rebuttal, and then the public hearing will be over, and it will be a matter before the City Commission. All right, sir, the Chair recognizes you. Mr. Dixon: My name is William Dixon. I live at 1255 SW 17th Terrace. I would like to preface my remarks by saying that all members of our group hold our Cuban brothers and our Cuban neighbors in the highest of esteem, and that's the way we all feel. We have discussed this matter, and our objections primarily are based on the fact that we had insufficient notice. We do not feel we had proper notice when this change was made originally. No one in our group received any such notice as we received recently, which I think was sent to the entire city. We also are concerned about these signs, because we feel that while it is a picayune amount that this was a frivolous expenditure. We don't know the cost of it. I would guess it is well over a thousand dollars. Since the signs have been put up they have been defaced. There are twenty signs between Coral Way and SW 8th Street, all of which have been defaced. It's in reality a blight on the neighborhood and a pretty sorry comment on human relations. If it's proper, I would like to pass these pictures on to the members of the Commission, because I am sure many of you have not seen these streets. Since they have put them up there has been no attempt made to repair these signs. You will notice one of those pictures I gave you there shows a Cuban boy standing in front of Coral Elementary School with his little brief case, as many of them do, and that's a pretty sad commentary on community relations. Now, originally, I think if this was discussed properly, there could have been some compromise. I don't know what. I could have been United States Veterans Boulevard, where we could have celebrated Veterans Day and they could have. celebrated the anniversary of the Bay of Pigs invasion, and we would go down there and celebrate with them. But we certainly object to bringing in this ethnic name, and as a result of this, sick people have defaced these signs, and I object to it, and I know all members of our delegation are pretty sad about it. And this is not the fault of the sick people. It is not the fault of the Cuban people, and it's not the fault of the hundred and fifty-six people who signed the petition. It's the fault of this City Commission. I think any time you do something like this in a mixed neighborhood you have to give consideration to community relations and human relations. I don't wart to take up a lot of your time, because I know you have had a very long and trying day, and I can appreciate that, but at this point we would like to see these signs removed. If possible today we would like to know something about the cost of putting up these signs. Ob- viously it came from taxpayers' money; and while it is not a large 078 5-24-73 amount, and you feel picayune discussing it, nevertheless, it is a question of financial responsibility with this City Government, and government in general today. As I have indicated --and I want to repeat this --because one of our members actually drove down SW 13th Avenue and has the names of every street where a sign has been de- faced, and there are twenty -some streets, at least. Some signs are missing. And as I said, no attempt has been made to fix them up. We would appreciate your consideration in rescinding the original resolution; and at that I am going to close my comments because of the time involved, and our next speaker will be --- Mr. Freefield: I am Charles Freefield. I am a resident of the City of Miami for almost twenty-five years. I own a home in the City of Miami. I am the Democratic Party Executive Committee- man for this district in the City of Miami. I am a graduate of the University of Miami in City and Regional Planning. I think that this type of action taken by the Commission is a tendency to- ward ghettoization in the City of Miami. For years of black people in the City of Miami have been fighting to get out of ghettoization. I think this is a tendency toward it, by condoning these actions. I certainly concur in the comments of the previous speaker in so far as our feelings toward Cuban Americans, and those Cubans who are not yet Americans; and perhaps the City Commission is surprised how many Americans are still living in this area of the City of Miami. When Martin Luther King Boulevard came into existence there was tremendous opposition to it. It took months, perhaps a year, --people shouted and raved all over the place over the changing of the name. An American Citizen, Martin Luther King, who gave his life in the cause of civil liberty in this country, but it took practically an in camera meeting of the City Commission to get the name changed to Cuban Memorial Boulevard. Why don't we call it Warsaw Ghetto Memorial Boulevard? Why don't we call it Israeli 6-day War Memorial Boulevard? Why don't we call it the Hungarian Freedom Fighters' Memorial Boulevard? There are many different names we can call this. This is not against any of the Cuban freedom fighters. I just say this; that this type of a tendency that whenever a public action happens to immediately jump into the breach and re -name something quickly to satisfy either a political or a social context is very poor politics, very poor administration, especially with- out notifying the people directly concerned. Why don't we name it, perhaps, the Watergate Boulevard, in view of the heroes of the Bay of Pigs Invasion, today on the stand who said that they were in the Bay of Pigs Invasion. I am not talking about the Bay of Pigs In- vasion; I am talking about as far as names are concerned. I say that this does tend toward ghettoization. I say that this is the wrong thing for the City of Miami, which, with its ethnic groups, as was witnessed by, perhaps an hysterical outburst before, un- warranted, shouldn't deal with it in this way. I don't want to take the time of speakers who might have other points to bring up. I don't consider this an affront to fine Cuban -American citizens, but I don't think that this constant insidious way putting in monuments and streets and re -naming them without the citizens be- ing notified at a proper hearing. Perhaps some day the City of Miami will be changed. Maybe we will call it --and this is not meant in any offense --New Havana, because this is what somebody says we should do. If Castro comes back into grace. If Nixon recognizes him like he did Russia and China, maybe some day we will call it Castro Memorial Boulevard. I think this is the wrong thing to do. I hope that the City Commission will reconsider its action for the benefit of the Cuban community and the non -Cuban American community. 079 5-24-73 Mrs. Gordon: Mr. Mayor, the last speaker did not state his address. Would he mind, please, repeating his full name and address? Mr. Freefield: 1911 Coral Gate Drive. Mrs. Gordon: You are not a resident of the immediate neighbor- hood; is that right? Mr. Freefield: No, I am not. Mr. Narrow: My name is David Narrow, 1120 SW 13th Avenue. I have been a resident of Dade County and the City of Miami, and I have lived on 13th Avenue for the last thirty years. This week -end will see a very important holiday for all of us; Memorial Day. I just want to propose that if we are going to name any boulevard let's name it Memorial Boulevard, in memorial to all the soldiers who have fallen in all of the wars. Mrs. Ryan: Alberta Ryan, 1270 SW 14th Street; taxpayer. I am definitely opposed to it being Cuban Memorial Boulevard. I think it should go back to SW 13th Avenue rapidly. It shouldn't have been changed in the first place. We were not notified, and we are taxpayers in the City of Miami, and have been for years and years, and it would never have happened had we known about it. I like Cuban people. Some of my best friends are Cuban people, but I don't think any ethnic group has any right to come into Miami to the United States; be supported and be given all the privileges that these people have been given, and then to say, change the name of your street to my native land. Their native land is no friend of ours. Let's change it back pronto. Dr. Murray: My name is Dr. Murray. I am a resident and taxpayer of the City of Miami. I have been here since 1926. Clerk: May I have your address, please? Dr. Murray: 1275 SW 20th Street. I, personally, can find no logical reason for the change of 13th Avenue to Cuban Memorial Boulevard. Illogically, yes, but not logically. I don't know if the City Commission has the right to take a piece of property like that and make a park out of it. It will be a park, whether you believe it or not, if you allow statuary from Coral Way to the Trail. We already have the monument on the trail, and just recently, after watching TV, there was some Cuban holiday, or something that they were celebrating,and I saw this bunch of young men in khaki uniforms marching. What did it bring back to my mind? I am old enough to remember the Bund in the ---- ------ states. See what happened from that. Now, we are going to have an ecological fac- tor, as well as a traffic situation there, because every time some kind of a memorial comes along; some kind of a holiday, or somebody did something that they want to celebrate, we are going to get it on 13th Avenue. Traffic is bad enough there now. We are going to have all kinds of waste papers and things to be picked up. We do enjoy two days of rest in that area. That's Saturday and 5-24-73 080 Sunday . There is a school in our immediate neighborhood from 19th Street down to 20th. The noise and the din in the afternoon is teriffic. That is something that you gentlemen can 't do anything more about than the police can; but what you can do something about is to turn that street back from 8th right straight through to Coral Way to 13th Avenue. We are going to have trouble there; we are going to have people that we don't want in there for the simple reason that too much is too much.Now if the City Commission is this free in giving something to somebody, I would suggest that you give these people a piece of land, if you have got it, in the Everglades, that's undeveloped; let them develop themselves, The only thing that might be disturbed there, ladies and gentlemen, are the birds and the bees; but I am sure they wouldn't care, because they can't vote. Mr. Sidney Diamond: My name is Sidney Diamond. I live at 1249 SW 15th Terrace. I was the third house built from 13thIStreet to Coral Way. I have been there fifty-seven years; and in the thirty-seven years we have appropriated money twice to tax, to beautify 13th Avenue and to make it a boulevard. Twice we have raised the money. Once the City spent the money. The second time they didn't. Now I don't see why we have to have a place for the pigeons to park. If they want 13th Avenue and 8th Street, that little corner, that's far enough. One inch is notl.a mile. If they want that park there, fine; but not the rest of 13th Avenue. People that have seen these signs have said, to Cubans. If you will check their voter registration in that neighborhood you will find out that there are still more than 70% of Americans that live in that neighborhood. If you want to give them 20th Street, which is City owned; where the dump is; the :.ncinerator is; and let them beautify that piece, and make that a boulevard, 20th Street could stand to be a boulevard, but not 13th Avenue. It is supposed to be a boulevard park for the City, and let it remain a park, and not a boulevard memorial. Thank you. Mr. Ossip: I am Fred Ossip. I reside at 2020 SW 13th Avenue. I have been living there since 1954. My predecessors before me have put it very eloquently. They have expressed my opinion. Time is getting short, so I have nothing else to say. Mr. Merlin: My name is Mike Merlin. I live at 1745 SW 13th Avenue. I have lived there for twenty-two years. The reason I am here is because of the re -naming. I didn't know anything about it until one day when I walked out after breakfast and noticed that the signs had been changed. Then two weeks ago I received a letter stating there was a meeting to re -name it. I would like to know why wasn't I notified in the first place that it was going to be re -named Cuban Memorial Boulevard. I had no idea it was to be changed in the first place. I think that, perhaps, before being a meeting to re -name it there should have been a prior open ses- sion to decide to re -name it in the first place. As people have already said before, 13th Avenue extends from 8th Street all the way to Coral Way. It is about a mile and a half. They have made reference to the street signs. There are, I believe, twenty street signs, and you have seen the pictures. I live on 13th Avenue. I drive by it every day. As people have noticed, every single one of those signs have been defaced. In front of my house somebody has stopped by and taken the whole sign away. I think that this de- facement and defilement, and abuse of the signs is, as someone said, turning it into almost a ghetto. It's disgusting when you walk by. Every sign is painted a different color. The word, 5-24-73 081 Cuban has been crossed out in black paint, red paint, green paint, and yellow paint. That's the signs that have not been taken down and vr.indalized. I think tlat it is a shame that people have to come here avid complain to the City that their street signs are being vandalized. As the previous speaker said, there is a memorial up on 8th Street. It's a memorial to the Cuban veterans of the Bay of Pigs. It's about one block in length. Now I think a compromise would not be a bad idea if perhaps that one square, or one block; not the whole mile and a half, was re -named, perhaps, Cuban Memorial Square, or Cuban Memorial Mall, or Cuban Memorial Park. I have nothing against the Cuban people. It's their monument. It memorializes something very important to them. Fine. But I am against the whole street for a mile and a half being named, and having street signs defiled, and the people upset. I have heard people stop by at night messing with the signs. I don't like people messing around the street late at night destroying public property. It's dangerous to the people, and it's costly to the City. Someone brought up the cost before. I think that, since the people on 13th Avenue are paying the taxes for it, they should have been notified via the mail that this was going to happen. Like the first speaker said, it is a picayune thing, but since we did lay out money for it, I think we should have been notified. That's all I have to say. Mrs. Tytell: My namo is Adeline Tytell. I live at 1310 SW 20th Street. Pretty much what I have to say is a repitition of what you have heard before; but what I resent so bitterly is that I got no notice of any sort, and the first I knew of this meeting is because they had a little clipping in the newspaper. I didn't even get a letter. That was bad enough. I have lived in Miami twenty-seven years. In twenty-seven years I have seen my taxes go up and up and up. When I appealed occasionally I got ro help, no results. My taxes still go up. I resent my taxes being used in this way. This is number one. Number two; I have a ques- tion of one of your Commissioners. Can I ask it? Mayor Ferre: Yes, Ma'am. Mrs. Tytell: Commissioner Reboso, I understand that you are the gentleman responsible for the changing of this sign. You brought up the motion to change the street sign. Is that correct? Mayor Ferre: That's correct. Mrs. Tytell: When you were elected to this office, were you elected to represent all of Miami, or just one segment? Mr. Reboso: Excuse me; I was appointed. Mrs. Tytell: All right, when you were appointed --well, that blocks that. Nevertheless, a City Commissioner is supposed to represent all of the people. Is that correct? Mayor Ferre: Right. Mrs. Tytell: Under the circumstances, when the signs were being changed, or you felt that the signs should be changed, don't you think you should have notified all the people and gotten their opinions on this? 5-24-73 082 Mr. Reboso: Well, maybe. We didn't think it was so important, because in Havana we have so many boulevards with American names. I mean all the Latin-American Countries --and nobody is complaining. I go from country to country --- Mrs. Tytell: (Interrupting) I don't mean this as a complaint, Mr. Reboso; I am asking this as a question, for the simple reason that we are in the United States of America and the democratic way is to take a vote on things when you wish change, especially when you have a mixed area, and this was my question to you. And, of course, as I say, it's quite shocking when you tell your friends to come down 13th Avenue to find your house, and you can't find 13th Avenue, because above it is Cuban Memorial Boulevard, and when you are driving and trying to pay attention -- Mr. Reboso: SW 13th Avenue is also underneath the -- Mrs. Tytell: But when you are driving you can't have the time to read a complete sign; you read what is right on the top. Mr. Reboso: Well, at that time the City Attorney never ad- vised me that we should have a public hearing. Mayor Ferre: Well, we will get into that in a moment; so go ahead Mrs. Tytell. Mrs. Tytell: Thank you very much. Mayor Ferre: Now, you have five minutes left, and I will do this. I think this might be better for you; to give you those five minutes in rebuttal, in addition to your five, or would you rather take them now? Go ahead. It's your time. Mr. Dixon: I just want to present one thing for this Commis- sion to think about. This is a community relations problem. This is extremely important. That's all. Mr. Reboso: Mr. Dixon, may I ask a question of you? You say here it's a Cuban boy here at 13th Avenue and 19th Street --- Mayor Ferre: Mr. Reboso, we will get to the questions in a little while. We will get to that after everybody has had the opportunity, pro and con. Mr. Reboso: O.K. Mayor Ferre: Now, are there any other speakers who wish to speak at this time? 'u have got four minutes left. Mrs. Caminetti: My name is Mrs. Caminetti. I live at 4245 SW 2nd Terrace. I recently sent a letter to Mr. Reese, Mayor Ferre and members of the Miami City Commission. I wish to read this letter into the record. Mayor Ferre: Now,'Ricki, does that have to do with this? Mrs. Caminetti: Yea. Sir. Honorable Gentlemen and Mrs. Gordon: Although our Cuban neighbors have contributed to our com- munity in great measure, both economically and culturally, so have other ethnic groups. Many Cuban people have given unselfishly of themselves to better serve their fellow men, women and children. So have other ethnic groups. In many of them deprivation preceded 083 5-24-73 their accomplishments, and we have been enriched by their acts. Since the birth of our lovely city millions of Americans gave their lives and limbs to preserve the freedom we are privileged to enjoy and share with others, to whom we extend a helping, out- stretched hand. Our own prisoners of war are still not all at home with their families. There is absolutely nothing that jus- tifies re -naming of 13th Avenue, or exchanging any of the streets or avenues in Miami as they presently exist. Certainly there are other more deserving, or at: least equally deserving, memorial or patriotic events, and even patriot also worthy of your consider- ation. This letter is not written with any malice toward the Cuban community. They are a beautiful and wonderful group of people. However, we feel it reprehensible that public hearings are necessary to consider unfounded proposals such as this one. We strongly urge you not to establish this precedent. Today, as in past days, we have been listening quite avidly to the T.V. about the Watergate affair. Most of our Cubans have the best in- tentions, but now we know that many are also involved in political espionage, on the pretense of national security, but really to secure Cuban freedom. In every area their intentions are well founded. In this instance, however, I find no justifiable founda- tion. Thank you. Mr. Ferre: You still have a few minutes left and I think what we will do is to add them to the rebuttal, and I think that's. the best way to handle that one. Now , we will hear the proponents. We will first hear Judge Carlos Fernandez. Attorney Carlos Fernandez: My name is Carlos B. Fernandez. I have an office at 700 SW 22nd Avenue; I have a home at 241 SW 19th Road. I do not live in tr.is neighborhood. However, I have been asked by many of the proponents over here to express their feelings and ideas in this matter. I am glad that I have lived in the City of Miami for twenty-eight years; that I have served the City of Miami for a few years on the City Bench. Now, I will let the other speakers get emotional, and I will try not to get emotional about it. Somehow, when it comes to matters pertaining to our nationalities, or the place where we live, we tend to get emotional, and this is understandable. I have listened very carefully to the arguments; first of Mr. Dixon, and then the other speakers, and I fail to see any reason that deserves credit, or merit, for the approval for what they stand. I think that the facts that signs have been de- faced as an argument to take away the name that was given by this Commission to that avenue and to go back to 13th Avenue, I think is an argument that merits no discussion, because if the signs were defaced, certainly they were not defaced by Cubans, but were de- faced by unknown people who apparently do not like Cubans, or do not like the name; so I fail to see that that should be consider- ed. Apparently Mr. Freefield, who, being a member of the Democratic Executive Committee, I respect very much, that being the party that I like; Mr. Freefield says that to change the name would tend to convert this area into a ghetto. I don't think whatever name that street would have would stop it from being a ghetto. It is going to become a ghetto. The name of a street does not a ghetto make. Now, in Harlem in New York they have beautiful names for. some streets, and it's an ugly ghetto. Some places in the southwest are ghetto -like, and the names have not been changed. No, Mr. Freefield, the change on the street would not convert the area into a ghetto; it's the people living on it. Now, we heard from Dr. Murray, and the thing that characterized Dr. Murray's remarks were the fears that she had of seeing little boys in khaki uniforms 5-24-73 084 marching. I fail to see any relationship between that and the name of a street. Then Mr. Diamond said that the Cubans should go to the dump on 20th Street and beautify it. Well, if there were a place for the dump to go, maybe we should let some of our new citizens from Cuba c_'•o to the dump and beautify it, but we need a place for the dump, and the dump is no place to send anyone. Then I heard about the Watergate, and by golly you would think that this Watergate gets into everything. I fail to see any con- nection between political espionage and the name of a street. Now, if SW 13th Avenue had any historical significance, or had any special need, the change of the name probably could be given as an argument to be opposed to it, because there would be attach- ments and ties to it. We go to Coral Gables, and we see that all the streets have Spanish names. But Mr. Merrit wanted it that way. I remember Chuck Hall, oui ex -Metro Mayor, who seven or eight years ago wanted to change Collins Avenue and call it in honor of a Polish General, the hero of Poland. He could not do that. I think it was because Collins Avenue is named after the man who more or less founded Miami Beach. There is a name which would be of historical meaning to the community. Then we go to the north- west, and we see Martin Luther King Boulevard. I think that was very appropriate. I don't think there was anything wrong with the City of Miami designating a street for that civil rights leader. Now, there has been some argument as to whether a public hearing was necessary. I think that when the City Commission named the park over there in the Flagami area for our beloved Mayor Robert King High that there was no need for a public hearing. I know that when the City gets ready for that magnificent park, which will be named after Alice Wainwright, that there will be no need for a public hearing. I think that this Commission, once it ap- proved the establishment of this monument on 8th Street and 13th Avenue, felt, of course, that it was logical that the rest of the street was to be named as a memorial to those who fought in the Bay of Pigs invasion, which was a joint enterprise of Americans and Cubans in a common bond for and freedom from Cuba. I am not going to touch in thore matters. I have tried to use locric. There are many cities throughout the world. It may be said that this is Miami, but Miami is a city; Miami is not the small town that it was twenty-five years ago. Miami is a metropolis now, and it has grown. We have to grow with the City. Throughout the world -- Commissioner Reboso was mentioning even Havana. In Havana there are many avenues named for other people, for other countries. One, I remember, is the Wilson Avenue, honoring President Wilson. Statues of Roosevelt, and the Maine monument. There are many. Now we go to New York and see that the Avenue of the Americas was named for a famous thoroughfare in New York, and some people resisted the change, and they did call it --I believe it is 5th Avenue, --but it is Avenue of the Americas; but it is called Avenue of the Americas. Now, regardless of what you name a street, it is the people who live on the street that counts. I have seen many instances of - Cubans and Americans getting along together, because you cannot live on an island; and the reality is that the Cubans are here. They are your neighbors, and what is important is for each of you all, and for them, to have the spirit of neighborhood, and not get emotional about an insignificant, simple thing like the name of an avenue. 5-24-73 085 Mr. Fusted: My name is Thomas Garcia Fusted, and I got my business in 1979 West Flagler, and I don't live in the City of Miami. My address is 1643 West 64th Street, Hialeah. I got my business and my work in the City of Miami for thirteen years, and I would like to show everybody in this room these pictures. (Exhibiting photographs) You can see that it is a big monument; not a small monument. This is amonument with the name, a big warship from the Spanish-American War. The monument was in the middle of the Havana on more than five acres of land, and we, all the time be proud of this monument. In the City where I was born in Cuba we got over there a big monument to Teddy Roosevelt. We got over there a whole mountain in Santiago de Cuba honoring American soldiers in the Spanish-American War. The most important street in Havana; we call in Spanish Malecon--it is like the Palmetto Expressway in Miami --is Washington Avenue, and we be proud of that. Is why Ore Cubans in Miami be very upset about what some guys do with the signs in this�13th Avenue, because if we do that things in Cuba before, we don't waiting for nothing, I think nobody here in Miami got a right to break the name of a smaller street with the name of Cuba Boulevard. What for? What with this, if we did before all of these things? A small group of Cubans and Americans died in , and somebody talk over here now about the Watergate things. I would like to talk about the Bay of Pigs thing that is a democratic• part of government . What I say is was prepared for the U. S. Government, and over there Cubans and Americans die for the freedom, you know; and this is what 13th Avenue represents for us. The name of this street, remember Bay of Pigs Invasion were with us; the Cubans lost the freedom, but in the future we think of way we can do something more than like that and give the freedom to the Cubans; but this is not my way. I think if this is a community relations problem it is very important for this Commissioner to take care about what the whole City of Miami is thinking about; not a small bunch of people who got a chance to come over here. Mr. Rebull: My name is Julio G. Rebull, and I live at 801 South Bayshore Drive; but let me say I owned a house for five years that I just sold eight months ago at 1271 SW 21 Terrace, so I was a home owner in the area for more than four years. Let me tell you that I have been in this Country for thirteen years; very grateful to this country, but not happy, because the only way I can be happy is back in my home. I have heard a lot about tax figures, and about what everybody pays here in tax. Let me tell you that I have been a taxpayer in this Country for thirteen years, and I match my income tax every year with anybody here, because I have three jobs, and I work very hard to keep my nine -year -old boy, who is as American as Lincoln, because he was born here, all the commodities I can give. I am an ex member of the Bay of Pigs Invasion , and there I met some wonderful people that they did with me there. Six wonderful Americans who are also a part of that Cuban Memorial Boulevard. No matter who don't like it, at least they are in our hearts. About taxpayers, I think I just want to bring out something, a thing I think that some of the people here should know; many of our friendly Americans. The Cubans in this country last year paid two hundred and eleven million dollars -- and in case somebody want the , I will be glad to give them the map. I am surprised that this issue was brought out here, be- cause, like I say, I have been a neighbor in that area for four years. I have not seen a change in the environment; just the put- ting up of a name; and all the signs have been torn down, but who are to be responsible for that? I am sure it would not be the 08G 5-24-73 1.1 Cubans. I am sure it would not be the Americans there. I think they are decent people living in that area, and I don't think that thing should be done, and I think everyone in this room should condemn that. I heard somebody say why don't you name the street in the name of Jewish, or Italians, or some other nationality. Let me tell you --and I compromise myself here, publicly --that if any day the City of Miami or Dade County named a street in the name of any patriot of any country, you may be sure I am going to have the whole Cuban community there with me to honor that person. We don't care about nationality; we care about what is being discussed here today. When they say about the Cuban Memorial, and that it can bring problems, I can't really understand it. I feel very proud when I take my little kid up to Washington Avenue and talk to him about who was Washington. When they say about the Hay of Pigs, let me tell you. Unfortunately I was part of it, and unfortunately it was not us who financed that, directed that; and on the part of prisoners of war I heard somebody mention, let me remind some of my Cuban friends and some of my American friends that in the prisons of Cuba there are still nine members of the brigade 2506 that are still in jail, and they haven't even been freed. As far as some- thing they made to appear as real estate value, just because you changed the name of a street, let me mention that I bought that house for an amount of money four years ago. A year ago I sold it for ten thousand dollars, and I just found out two days lately that the owner who bought it from me is selling it again --and this is after this street was mentioned Cuban Memorial Boulevard, --for four thousand dollars more than what I sold it to him. I am a real estate licensed man in the State of Florida, so they cannot talk to me about real estate. I come here in the name of some- body mentioned community relations. I think the Cubans --and they have shown it so far --have worked real hard in the City to pro- mote community relations. That's what we are here for, until they give us the chance to go back to our country. Mr. Rodriguez: My name is Manuel Rodriguez. I am the President of the organization, America First, America Always, and I am very proud to be the president of that organization. My ad- dress is 1417 NW 196th Terrace, and I live up there because I like to live with American people, and don't live exactly in the ghetto. The Cuban people that have been involved in the Watergate case, in my opinion, have broken the law and are people of the same quality as the people that are vandalizing 13th Avenue. But of one thing I am sure that the people that vandalized 13th Avenue, and most of the people that have spoken here this afternoon, do not represent the great America that I love. The great America that I love is represented by your Washington, by Lincoln, by Roosevelt, by Kennedy, by Lyndon Johnson, by Martin Luther King; and I am sure that all of them are in favor of the resolution that has been passed already by the City of Miami. As a matter of fact, I can't care less if the name is changed again or not, be- cause I am not proud of our bad name at all. What I am real proud of, as a Cuban by birth, is that the most important street in Havana carries the name of the great President Wilson. What I am proud, certainly, is that the monument of Maine facing the average people that come into Havana has been put there by our decision. What I am proud of is that. there are more than twenty in Cuba that carry the name of people in the United States. This is where I am real proud. I am proud of all the kindness that these 087 5-24-73 people and all the understanding that the good Americans are having with us, when we are coming here by chance and nobody's choice. This is what I am real proud of. (Portion of statement unintelligible) But what is important here, and before I finish, is this: Somebody here has made the remark that this s a com- munity relationship program. I don't consider that, and I don't want to consider that that is a threat, because if that is a threat it is very unhappy, because we are here ready to tell you that threat, in any time and any moment that the opportunity come in. Mr. Carlos deTorres: My name is Carlos deTorres. I live at 2181 SW 21 Terrace. I believe (unintelligible). In the last year the 13th Avenue name still on the same place, but no American on that section lost one penny for selling. .Nobody breaking their own home. They all be happy. But in the Latin Community of Miami we have one-third of the community to help the Americans like the Americans help us. We don't want to fight the Americans. We want to be a brotherhood. What is the reason for a simple monument to have the name of 13th Avenue changed to have a between Latin- Americans and the American people? We live in the Community of Miami. We have one Commissioner w ho is Latin; we have a mayor Latin; we have Mrs. Rose Gordon, Mr. Gibson, Mr. Plummer. That's working together. Name no mean nothing. The public relation between communities mean a lot for this community. We are starting the process of the Latin-American community like a brotherhood for the near future. I believe you people have some feeling against the Cubans. I agree, Cuban people have feeling against the Americans. But forget about the Cubans and the Americans. Let's face it, this is Miami. We need working to- gether, and better for the community. Let's try to have the solu- tion. In the United States, in this part of the country, we have names like a Jew's name, American name, Latin name. In New York and Chicago in the North. In South America we have American names in different communities. What is the reason, because we change the name give their blood for this community to stop communism; to try to change (Unintelligible) • Mr. Tosquella: (By translator) It was mentioned here today that a hundred and fifty-six petitions were presented to the Commission in order to revise, or names, and he has a document which is very long. I just want to read three lines, which repre- sent by far more than a hundred and fifty-six names. It says here to that effect --and that was the resolution to re -name 13th Avenue to Cuban Memorial Boulevard --to that effect we presented a request to City Hall endorsed by the signatures of twenty-four corporations, which represent over sixty thousand members, and in the public session that took place on January 25, 1973, the change of name was agreed on, but leaving out the word of Cuban. Therefore, our propo- sal, as presented, was not accepted, and we were disappointed. A few'days later we learned through Channel 6 that Resolution 73-88 had been issued revoking Resolution No. 73-39, and therefore 13th Avenue was to be named Cuban Memorial Boulevard. On March 13, 1973, Mr. R. D. Southern, City Clerk of Miami, informed us of the change in name. Here are the signatures when that petition was named, and I really think that this corporation will represent over sixty thousand names. That's all we have to say. 5- 24 - 73 088 • Mr. Mendez: My name is Jose Mendez. I live at 3454 NW 199th Street. I am an appointee Board Member of the Dade County Communi- ty Relations Board. I make my livelihood in Miami, and have always done so since I moved from the north. I might sound repi- titious in some of the things that I mention to you, but especially Mr. Charles Freefield I would like to sort of indicate to him that in 1956 when I was wearing the uniform of the United States Army I remember that I had to put coal in a fire to warm the Hungarians that were coming from Hungary. Let me say also to you that I am a United States citizen by birth, so that the one who is talking to you does not happen to be Cuban; he happens to be a United States citizen by birth. I was born in the Island of Puerto Rico. Let me say to you also that we have always been very proud in Puerto Rico in naming many of our avenues, such as George Washington and Theodore Roosevelt. Let me say also that all over Latin -America, and especially in those places where I have been personally; in the Dominican Republic --;a lot of people in the Dominican Republic might not know who George Washington is, but let me say to you that in Santiago, in the Oriento part of the Dominican Republic, and also in the capitol, there is also the name of George Washington. So I am saying to you that perhaps they should have named Flagler Street all along from east to west Cuban Memorial , and not 20 blocks; and let me say to them that it made me proud, not only as a Puerto Rican, but as an American citizen that I believe that with so many Cubans in Dade County that have contributed to the growth of this country and to this county and to this city, it made me proud to see Cuban Memorial Boulevard. Mayor Ferre: Now that concludes the portions and we are going to give each side five minutes of rebuttal. We may, with so many speakers, have to extend the rebuttal a little bit beyond five minutes on each side, but I promise you I will not permit the rebuttal to go over ten minutes on each side. A number of persons spoke in rebuttal both for and against the proposed change of name of this street to Cuban Memorial Boulevard, several of whom expressed the opinion that if a street were to be named Cuban Memorial Boulevard it should be a commer- cial street rather than a residential street, and one of whom expressed the opinion that before any decision was made on this matter another hearing should be held, in which case a majority of the persons living on this street would appear in favor of re- taining the name of Cuban Memorial Boulevard. In response to a question by Mr. Plummer, Mr. Dixon stated that he felt that the people he represented would favorably con- sider a proposal to make the portion of SW 13th Avenue from SW 8th Street to SW 13th Street be designated as Memorial Boulevard. Reverend Gibson made the following statement: Mr. Dixon, I tell you, you really restore my faith in man. As I sat here, more than, I presume, anybody else, what I heard going on here this afternoon disturbs me. I have been where this is and has been for a number of years. On thing I have resolved in my life, and that is that at this stage in my life I want more than anything in the world to be able to live with people. I don't want to live black; I don't want to live white. I realize I 5-24-73 089 am black in color. I realize other people have their shades of colors, but the one thing I hope we in this community will do once and for all, is make up in our minds that we have got to live here together, Man. I am not going back to Africa; I have never been there. I doubt that there are very few Cubans who are going back to Cuba at this late date. There aren't any Italians going back to Italy, because it's late; and I tell you, my brethern, it's' later than we think. We are talking about our children. We might do well to watch our children. I make this final comment, Mr. Mayor, having been in the struggle, and find it difficult for grown people to get along, I want you to watch the children. They are telling us something far more than we can guess. At first when they go out on the playground they are a little reticent. When they start playing ball and start playing together; they stop chasing those other children home; and you and I, who are old, with our prejudices and inhibitions, sooner or later have to sit around and watch and say, Great God Almighty, I never thought we would come to it. So, sir, I want to congratu- late you at least responded to Mr. Plummer very forthrightly and without hesitation, and I hope that the Latin Community, in a spirit of cooperation,will take to heart what has been said here. Now nobody has told me to say this. As a matter of fact I would have been smarter if I had kept my mouth shut, but that's not my nature. I just believe we have got to come to the point in our lives, especially in this community; we are going to have to set the tone and the e}ample, and we are going to have to learn to live together. Now, whether we call it Cuban Boulevard, or Memorial Boulevard, I hope before we leave here this evening one thing we will go away with is that we are all here in this com- munity together, and that we just don't want this division that I hear. Mrs. Gordon made the following statement: I appreciate the fact that the, question was asked of Mr. Reboso about the naming of the boulevard, and he accepted full responsibility. He is a gentleman. I shared the responsihiity. also took part in the naming of the boulevard, and I am not Cuban, as you well can see, but I just am a bit of an idealist instead of a realist, and I think I kind of hoped that people would all want to honor, if you please, those persons who did die for a worthy cause, and I see now that it wasn't so; that the community did not accept the re -naming of the street, and I can't change that now. You are here, and you don't accept it, in the re -naming to Cuban Memorial Boulevard, but I thought it was sig- nificant that we let the people, the Cuban people, know that we did appreciate and do appreciate the great many things that they have done for this community. There is always some good and some bad in every human being, but I think that the majority have given more than they have taken from the community --and maybe you don't agree --and that's your privilege --but last year I initiated for the first time an International Folk Festival here in Miami, and it was a tremendous success. It brought together all of the ethnic and racial persons of our community to work together; to bring together, to feature together their backgrounds, their cultures, their arts, their talents. This year the festival will take place. It will be twice as big and twice as successful. It's the talk of the entire Americas. It's well known in South America. It has even spread to the European countries that the City of Miami features an International Folk Festival, and we hope that next year it will be bigger, and the year after that, and perhaps by the bi-centennial of this country it will be a month long, or maybe longer, festivity; but what the purpose was, 090 5-24-73 and what the purpose is, and what the purpose was in the street, was to bring together and honor people. Now, as I said, apparently it is not working out that way; so I consulted with the members of the Memorial Committee a couple of days ago, and I suggested per- haps what I consider a good compromise. Perhaps we can accept it, if the persons in the community and the Latins will accept it; the memorial to the Bay of Pigs veterans stands on 8th Street, and it is a fine monument. Perhaps we could take that little section there from 8th to loth --it's a parkway --and perhaps we could call it Cuban Memorial Plaza, or Cuban Memorial Square. As one of the speakers brought out the point of the square; that was the first name that I thought of, but the Memorial Committee's recom- mendation is Cuban Memorial Plaza, and I think it's a pretty good idea. It's a very small area of land. There is a monument on that parkway. I don't believe there is a 9th Street. I think it goes from 8th to loth at that point, and perhaps you could ac- cept that, and perhaps these Cuban people would then have some- thing significant that they could turn to and say that an American woman felt that there is a little part of Miami that should be significantly named for those people who have added so much to our economy here in the City of Miami. Mayor Ferre made the following statement: I want to clear up the record a little bit, because I was not on the Commission at the time that this matter came up or was voted on, so I have asked for some clarification --and I want to clear the record, so that we all understand exactly what happened. There was a resolution, which was Resolution 73-40, and I am going to read from part of that, and it says as follows: The matter of adding the surname of Memorial Boulevard instead of Cuban Memorial Boulevard was discussed by Commissioner Reboso, who said he pre- ferred Memorial Boulevard in order that in the future other heroes, such as national heroes from Venezuela, and other Latin-American countries, would not be excluded, so I want to very clearly state to all of you here that this gentleman sitting here to my left, who is Cuban born and was appointed to the Commission, did not want, at the time of this hearing, for this to be named Cuban Memorial Boulevard, but rather preferred that it be named Memorial Boulevard. Is that clear for the record? Now, he later voted for it, like everybody else did, but he had a pre- ference; that he wanted it called Memorial Boulevard. That's number one. Number two; there was an amendment to resolution 73-39 changing the name to Cuban Memorial Boulevard, and I am going to read it exactly the way it is written here. The follow- ing resolution was introduced by Mrs. Gordon, who moved its adoption. Resolution No. 73-88. A resolution amending Resolution No. 73-39, passed and adopted January 25, 1973, by changing the name for alternative designation of SW 13th Avenue between SW 8th Street and SW 22nd Street from Memorial Boulevard to Cuban Memorial Boulevard. Now the motion was seconded by Commissioner Reboso, and the resolution was passed and adopted with the fol- lowing vote - Messrs. Reboso, Plummer, Gibson, Mrs. Gordon and Mayor Kennedy voted yes. There were no Noes. I just said that to clear the record. Now, let me express my opinion on this. I think everybody recognizes valid arguments on both sides of the argument. The fact that these people are Cuban does not in any way mean that they do not have full rights as citizens of the United States if they are citizens at this time. They have all the rights that you and I have. Now, these are people who came here, most of them against their will, but I'd like to remind you that many of the people that came to this country from the pilgrims on came against their will. The Irish came because there was a famine in 091 5- 24 - 73 INS Ireland. And I am sure --I imagine Mrs. Ryan is an Irish name, and I don't know when your forefathers came from Ireland, or Scotland, as the case may be --but there are many people who are sitting here today --and it doesn't matter whether it was your father or your grandfather, or grandmother or great grandfather; what's the difference ---I don't see any Indians here --(an uniden- tified person in the audience arose to be recognized) Mr. Ferre: (continuing) So we all came over here sometime within the past two hundred years; now three hundred years. Now, I think the main point that these ladies and gentlemen who are proponents of this are trying to point out is that they feel they are American citizens, and they --some of them who spilled their blood —trying - to free their country; not ours; their country; they wanted recog- nition of this amongst us. This is not something that is new in America. We have Powalski Bridge. Powalski, as you remember, was a great hero of the American revolution. We have in Boston and Chicago Avenues, Plazas --you know, I don't mean to offend our Cuban friends here, but they are not the only ones that name streets after George Washington and President Wilson. The United States, in the major cities of this country are rampant with the names of foreigners who streets and plazas have been named after. I don't think that's really what we are talking about. That's really not the case. Now, let me speak on the other side. I think one of the great things about the American democracy is the right of private property; and the most important private property that anyone has is his home. That's one thing that people work for and save and suffer and build and try to create; not just the Americans; all over the world people try to eventually own their homes, and once they own their home that's the one prize possession. You know there is an old saying that everybody's home is his castle. Really isn't this part of the great American tradition; that our homes are our castles. Now, we recognize that sometimes, some places in our history, this over -zealous attitude that our homes are our castles, and that that takes precedence over everything else, sometimes con- flicts with the public good. We are living through that kind of a situatio n right now. For example, on zoning roll backs; on the old problem of ecology, where you and I as American citizens; residents of the City of Miami, are concerned about the ecological welfare of our community; and sometimes you and I are willing to take away certain rights of the property owner to protect the over- all good of all of the people. So we have to keep that in mind, too. Now, following the great American tradition of working out our prob- lems with a smile and trying to please as many people --we are not going to please everybody here; there are going to be many of you who are going to walk away angry. Some of you are going to want more; some are going to want less, but we can't solve that, and we can't please everybody. We are going to please as many as we can. And now let's see, following that great tradition, whether or not we can't compromise. Now, let me come out with my recommendation, and then we will see where it goes from there. I think what Commissioner Gordon said is very sensible. I think what Commissioner Plummer said is very sensible. I see not reason why we can't do both; that we name the majority of the area between 13th and 22nd Memorial Boulevard, the way it was intended to be named originally. That's what you said you would agree to, Mr. Dixon --excuse me, be- tween 8th and 22nd--and that the immediate area where the monument is, for one block, or one street, be called Cuban Memorial Plaza, and I think this satisfies both sides. (Loud applause and some expressions of dissent from the audience) 5-24-73 Jpn Mr. Reboso: In April 29 of this year , a Miami News Reporter wrote an article in the Miami News. A few days later she received an answer from a lady, and on May 8th she answered that letter in the same newspaper. I just want to read a couple of paragraphs of that letter that I think are very interesting. She says, In answer to your last question, just what does this country owe the Cubans? She answers: I would guess this country owes the Cubans about as much as it owes everyone else that lives, works and contributes to this society. It owes to them about as much as it owes you and it owed your ancestors when they chose to settle here as foreigners. I trust you realize this country is a land built of immigrants, beginning with the pioneers who first came here from England and continued with the Germans, the Irish, Polish, Chinese, Italian, etcetera. Actually the only truly genuine Americans are the Indians. Based on that, I think we should go to the first resolution that I introduced here on January 25th, 1973, that is a resolution designation SW 13th Avenue between SW 8th Street and SW 22nd Street as Memorial Boulevard, and include not only the national heroes from Latin -America, but all the national heroes from the whole world, including Cubans, Americans, Latin-Americans, and everybody. I hope that as a compromise, I am willing, as I said that day,that the name should be Memorial Boulevard, and I am introducing that resolution again if that is the proper case. Is it proper, Mr. City Attorney? Mrs. Gordon: Mr. Reboso, would you wait until the Mayor comes back, so that he may hear that you are introducing resolu- tions. Mr. Reboso: Mr. Mayor, I want to say that I want to intro- duce a compromise resolution, going back to the same resolution I introduced on January 25, 1973, designating SW 13th Avenue between SW 8th Street and SW 22nd Street as Memorial Boulevard; just as Memorial Boulevard. The motion was seconded by Reverend Gibson. Mr. Plummer: Mr. Mayor, do you think it would be appropriate, since your comments that we are trying to work for the people, both sides, that we could ask what.the feeling is of the people is who are here representing that area; as to what their feelings are in the matter? Mrs. Gordon: Mr. Mayor, I think Mr. Plummer in right in this regard. You know, I was the mover originally; I felt that way. I still feel sorry that this meeting is taking place in the manner in which it is, but these people who are here and have spoken against it; if we are going to move something else now, at least let's kiow that we are doing something that is going to be harmonious to both sides. Mayor Ferre: Well, now, Mrs. Gordon, you made a comment, and I subscribe to it, and I agree with you; OK? So I am not dis- agreeing with you now; I am in full agreement. I think your recommendation is a good recommendation. Now, Commissioner Plummer had another recommendation. I think in the interest of unity and of solving, the majority of the people; there are going to be some that are going to be angry about this. There is nothing that I can do about that; but I don't think that anybody is going to deny these people to have one block named as Cuban Memorial Plazai just one block as Cuban Memorial Plaza, and the rest of the 093 5-24-73 street named the Memorial Boulevard for ---wait a moment; in a moment we are going to get a show of hands around here. All I am saying is, why don't we commemorate--as--there was a gentleman here --and this isn't my idea --somebody said that speaking here today --why don't you call it Memorial Boulevard to commemorate everybody who has ever fought in any war for freedom, whether it be in the second World War, or the first World War, or the Spanish-American War, or any other War, and in that way we can cover the whole world, and everybody is going to be happy. Now what's wrong with calling it Memorial Boulevard, and one block of it Cuban Memorial Boulevard. Mrs. Gordon: May I make a recommendation, Mr. Mayor. From the Memorial Committee Mr. Frank Stearns is here, and Mr. Stearns would you stand, so people may know who you are, and certainly Mr. Stearns is a spokesman of long standing for the City of Miami. One of the other recommendations that the Memorial Committee sub- mitted to me when I asked for their opinion on the Cuban Memorial Square was that perhaps 13th Avenue should be the Parkway of Americas. Is this a recommendation from the committee, Mr. Stearns? Oh, that was your personal opinion. But the other was polled of the committee; the part of Cuban Memorial Plaza was polled and recommended by the entire committee? Yes. All right. Mr. Ferre: All right, Mr. Dixon, would you come up here, because I am going to choose you out of the group, and now you tell me whether you, in your opinion feel that this is an accept- able compromise, and then I am going to ask everybody who dis- agrees to raise their hands. OK? Mr. Dixon: Mr. Mayor, as you put it so well, it's something we can all celebrate; we can celebrate Veterans Day; we can celebrate all the holidays that we have, and I think we can all relate to Memorial Boulevard, and I think this is a time of com- promise. We are not compromising principle in this. On the contrary, by compromising I think we end up establishing principle on this. All right, now, I am going to ask at this point for a show of hands to see how strong the feelings are here. How many of you want to keep it all named Cuban Memorial Boulevard? The way it is now. (A number of persons raised their hands) All right, now how many of you don't want to have it as Cuban Memorial Boulevard? (A number of persons raised their hands) All right, now, lower your hands. How many of you are willing to compromise? Let's see the spirit of compromise. Now that's the majority. So the majority are willing to compromise. Now the question is what are we going to compromise on? Are we going to call it all Memorial Boulevard? We have three choices now, and I want to see a show of hands to see what the feeling is in this public hearing. I am going to tell you what the choices are and then see a show of hands. Choice number one is calling it all Memorial Boulevard, which is Mr. Plummer's recommendation. Mr. Plummer: No, sir; that was Mr. Reboso's recommendation. Mr. Ferre: I am sorry; Mr. Reboso's recommendation. That's compromise number one. Compromise number two is just naming one portion of it Cuban Memorial Plaza. And Compromise number three is what I came up with, which is a combination of both. 5-24-73 094 Mr. Plummer: Wait a minute, now, Mr. Mayor, I had a com- promise in here. My compromise, Mayor, was that from SW 8th Street to SW 13th Street be known as Memorial Boulevard; just Memorial; that's all. Mayor Ferre: That's what I said, those are the three. One is from 8th to 13th, is that right? Oh, 8th to loth. So we have got four now. So let's do this orderly now. All right, let's have a show of hands on what Mr. Plummer recommends, which is from 8th to l0th--8th to 13th Memorial Boulevard. Let's see a show of hands as to how many people like that; 8th to 13th, Memorial Boulevard. ( A number of persons raised their hands) All right, now we are going to go to the next one. The next one is what Mrs. Gordon recommended, which is --you repeat it. Mrs. Gordon: Cuban Memorial Plaza between 8th to loth, because it's a parkway section in there, and it would be adapt- able, because there is a monument ti-ere now. Mayor Ferre: All right, nrw, let's have a show of hands as to who wants that solution_ (A number of persons raised their hands) I'd like to point out that I see some Cuban hands as well as American hands up. Now how many want it to be called Memorial Boulevard, just Memorial Boulevard, for the whole thing? Let's have a show of hands. Ncbody on that one. O.K., now the last one. This is the compromise, where you would have what Mrs. Gordon said, plus what Mr. --- Mr. Plummer: Mr. Mayor, it was not definite and rigid. If you want to make it from 8th to loth, or 8th to whatever it was -- Mayor Ferre: All right, you get the idea. We are going to have one called Cuban Memorial Plaza and then the rest of the street is going to be called Memorial Boulevard. Now let me see a show of hands on the combination. From 8th to loth it would be called Cuban Memorial Plaza. Now from there on it's called Memorial Boulevard. Now how many hands on that one? (A number of persons raised their hands) All right, now it is a matter of this Commission coming to a decision. A previous motion offered by Mr. Reboso and seconded by Reverend Gibson that the entire street all be named Memorial Boulevard was withdrawn. After further general discussion Mrs. Gordon made the fol- lowing statement: Let me give my good reasons why I feel that offering the two things together would make nobody happy. It is pretty evi- dent that the people who live on 13th Avenue do not want a .second name for their street. This is the point that I see being ex- pressed. It isn't whether it's Cuban Memorial or Memorial Boulevard; they do not want two names. They find it a confusing issue. OK, I feel in recognition to the fine Cuban people, who I wish to honor; who I feel deserve to be recognized, I would like to make a motion to call the section where the Memorial Boulevard now stands Cuban Memorial Plaza; that we put a suitable recognition on that site to commemorate those people who did die in the Bay of Pigs, and that if there is any additional monuments to be placed', that they be placed on the same square. 5-24-73 095 Mr. Plummer: Mr. Mayor, for clarification, Mrs. Gordon, do I understand you to say that the one block, which would be --- Mrs. Gordon: It's two blocks. It's from 8th to loth. Mr. Plummer: All right; from 8th to loth will be known as Cuban Memorial Plaza, and from that point further south will remain or revert back to 13th Avenue? Mrs. Gordon: Mr. Plummer, I am not touching on that at all. If there is any action on that it will have to be handled by separate resolution. This is simply a resolution establishing the name of Cuban Memorial Plaza to the square between 8th and loth. Mr. Plummer: Based on that I will not second the motion. I will offer an amendment to your motion to read that that area from SW 8th Street to SW loth Street be known as Cuban Memorial Plaza, and that the rest revert back to 13th Avenue. Mrs. Gordon: All right; I will accept that. After discussion the motion failed to pass by the following vote - AYES: Mrs. Gordon and Mr. Plummer. NOES: Reverend Gibson, Mr. Reboso and Mayor Ferre. Thereupon the following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 73-406 A RESOLUTION OFFICIALLY DESIGNATING THE AREA OF SW 13TH AVENUE BETWEEN SW 8TH STREET AND SW 10TH STREET AS "CUBAN MEMORIAL PLAZA", AND DESIGNATING THE PORTION OF SW 13TH AVENUE RUNNING FROM SW LOTH STREET TO SW 22nd STREET AS "MEMORIAL BOULEVARD" BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: That the area of SW 13th Avenue between SW 8th Street and SW loth Street be, and it is, hereby officially designated as "Cuban Memorial Plaza", and that the portion of SW 13th Avenue run- ning from SW loth Street to SW 22nd Street be, and it is, hereby officially designated as "Memorial Boulevard" Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Reboso and Mayor Ferre. NOES: Mr. Plummer. Prior to roll call the following discussion occurred: Mayor Ferre : All right, is there any further discussion on that motion? 5-24-73 09r Mrs. Gordon: Yes, there is some discussion, Mr. Mayor. I think that this Commission should take both items as indivi- dual items. Mayor Ferre: You said that you would accept the amendment that they be both together. Mrs. Gordon: I said to get this thing on the table --- Reverend Gibson: Mr. Mayor, I am calling for an order of procedure. Now, what Mrs. Gordon wants to do indirectly she couldn't do directly. Mayor Ferre: That's right. Reverend Gibson: Now I want you, Mr. Mayor, to put the motion. If you don't want what has been offered, vote it down. Mayor Ferre: Father Gibson, she has a right to discuss the motion, which she is entitled to do. Reverend Gibson: She doesn't have a right to ask us to do indirectly what she couldn't do directly. Mayor Ferre: I understand. Reverend Gibson: So, what she is doing is not only discus- sing the motion. She has already discussed it. What we are do- ing is entirely to the opposite of what she offered and was voted down. Mayor Ferre: Father Gibson, everybody here knows what is going on. We have all heard it and seen it. There is no ques- tion now. Go ahead, Mrs. Gordon and discuss any --we have been here over two hours now --go ahead; any further? Mrs. Gordon: Yes, I'd like, on discussion, to Mr. Reboso; Mr. Reboso, you saw the feelings in this room. Do you think the Cuban people want just Memorial Boulevard? Is that going to make the Cuban people happy; removing the name that was significant to them. Is this the point that they want to have? I am asking pu. You are Cuban. You can answer that better than anybody else. Mr. Reboso: Mrs. Gordon, when I introduced this resolu- tion on January 25th I was aware of what was coming, and that is the reason for this paragraph that says the matter of having the surname of Memorial Boulevard instead of Cuban Memorial Boulevard was discussed by Commissioner Reboso, who said he pre- ferred Memorial Boulevard in order that in the future all the heroes, such as heroes from Venezuela and other Latin-American countries, would not be excluded. Mrs. Gordon: O.K.; then may I ask you a question, since you attended the meeting with the Memorial Committee when that was taken up, may I ask you a question; wasn't the intent for the parkway to depict the complete history of Cuba from the monument of Aguilera, which was passed at the same meeting? Wasn't it supposed to be a complete history of Cuba from the Trail to 13th Street with one period of history; from 13th Street 5-24-73 097 to 17th with the second period of history, and from 17th to 22nd a third? Mr. Reboso: Let me answer that. There are many, many American patriots that participated in the liberation of Cuba and the Spanish world, like Theodore Roosevelt. We can have all kind of patriots over there; not only Cubans or Latin- Americans. We can have , and the opinion here is that we should include heroes from Viet Nam and other wars; to make a memorial boulevard where everybody will be included. We don't want to be apart, the Cubans of this community. We want to be together with the Americans in this community. So I think everybody should participate. On roll call Mrs. Gordon made the following statement: I will simply say that if I vote affirmatively with this motion I will insist that any future monuments that need to be placed, or would be asked to be placed; that there be a public hearing held, so that there would not be any monuments placed in that parkway from 8th Street to 22nd until there was such a public hearing. I will vote with the motion simply because I do want to have the plaza, and if I vote against the motion it will look like I don't want the plaza, and I do want it to be called Cuban Memorial Plaza at this point, so I will vote with the motion. Mr. Plummer, in casting his vote, made the following state- ment: I made my thoughts known that that area should be designated on 8th Street as Cuban Memorial Plaza. There is a monument there for that purpose, and I think it would be very significant, but for the remaining portion; I was opposed to it then and I am opposed to it now, and I vote No. Mayor Ferre made the following statement on roll call: Let me clarify --I don't know what anybody else meant, but what is at stake here and what's involved, ladies and gentlemen, is a lot more, believe me; it's a lot, lot more than the name of a street; it's a lot more than the integrity of a neighborhood, which I think is most important in this democracy of ours. What's involved in this is human relationships between people. Now let me tell you why I think this is important to compromise --and I hope you recognize this when you think about it. I don't want these people and you leaving these chambers with anger, because as we build up anger we sometimes end up creating more resent- ment, and that creates situations which eventually lead to vio- lence and to fear. Now we have a bad situation. It is not unique in the history of the United States. Everytime throughout the history of this country, when a neighborhood changes, ethnic backgrown, whether it is Chicago, Boston, Los Angeles or New York, we have problems. Now we have got to learn that in this democracy there is nothing you can do about the people that live in your neighborhood, because they have the right to buy houses there; and since they can buy houses and live in the neighborhood, then you have to learn how to adapt to it and learn how to live with the situation. Now, in my opinion, what was not a very meaningful matter has become a very dangerous situation for you, the neighbors of the area --and I want to tell all my Cuban friends here --and I hope those of you with newspapers are not going to go out and start writing stories to blow this out of proportion and to try to call all these people haters, because what you are going to do is create more problems for your own 5-24-73 098 people if you do hat; and I hope you go back and loll tell it like it is, and you have a little bit of humility and a little bit of kindness, and that you take this in what I hope is a fair and open attitude, and not go back and start flaming up hates, envies and difficulties in what is and has been a very nice neighborhood. I hope that all of you will let your conscience guide you on that, and I ask those of you who are here, members of the press, to keep this in mind. Now, I ask those of you who live in the neighborhood to be patient and be understanding also of a situation which has gotten out of hand. I was not on that Commission at the time --and I don't mean any criticism of anybody here; there is no question that this matter should have been a public hearing. We also had another incident like this recently on the naming of Bayfront Park Peacock Park. You may have heard about that; and there were•a lot of people who got very upset about that; and we did have a pub- lic hearing --and there were a lot of people who were upset originally about renaming bayfront Park to honor Mr. Peacock; but you know, after all, these things happen. We can't go back now. The situa- tion is now. This has already happened. Now, the question is, should we try to compromise and save something out of it. In my opinion we should, and in my opinion that's the way to try to balance an unfortunate situation. Both sides are wrong, and both sides are right; and I vote yes. Mrs. Gordon: Could I make a suggestion, please; to the Depart- ment of Traffic, or whichever department will be affixing the new name of Memorial Boulevard; that they be instructed to put l3th Avenue above Memorial Boulevard, because essentially it is confus- ing. As one lady so aptly said, those motorists who are trying to find an address; so I would make this by way of a recommendation. I don't know whether we need a motion. • The Mayor submitted a letter from a Mr. Edward H. Daniels with respect to this matter opposing the name of Cuban Memorial Boulevard, which he filed with the Clerk. • 51, ACCEPT BID - MATERIALS FOR, LIGHTING OF CITY OWNED PARKING LOTS The following resolution was introduced by Reverend Gibson who moved its adoption: SEE NOTE BELOW A RESOLUTION ACCEPTING THE TOTAL BID LESS ITEMS 2 AND ALTERNATE 19, RECEIVED MAY 22, 1973 OF RAYBRO ELECTRIC SUPPLY FOR THE FURNISHING AND DELIVERING OF MATERIALS FOR THE CITY OWNED PARKING LOTS - LIGHTING - 1973 AT AN ESTIMATE?) COST OF $21,799.36; ALLOCATING THE AMOUNT OF $24,400.FROM THE ACCOUNT ENTITLED" CAPITAL IMPROVE- MENT FUND - UNALLOCATED FUNDS; AND DIRECTING THAT A PURCHASE ORDER BE ISSUED THEREFOR 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 NOTE: The preceding resolution was actually passed twice by the CitY Commission, in error. See Minute Item 49 (Resolution No. 73-405) 52, SET PUBLIC HEARING - ESTABLISHMENT OF.SUPPER CLUB HOURS OF OPERATION FOR SERVING OF ALCOHOLIC BEVERAGES Mayor Ferre: There is a matter before us. We have all received a memorandum dated May 18th , recommendation establishment of Supper Club -Hours of Operation for serving of Alcoholic Beverages, now Mr. Reese, explain that fully and the only thing we can do if we want to take this matter up is have a public hearing on it. Is there a motion for a public hearing on this matter? The following motion was introduced by Mr. Reboso who moved its adoption: A MOTION TO SET THE DATE OF JUNE 28, 1973 AT 4:00 P.M. AS THE DATE FOR A PUBLIC HEARING TO CONSIDER RECOMMENDATIONS OF THE CITY MANAGER IN REGARD TO ESTABLISHMENT OF SUPPER CLUB HOURS OF OPERATION FOR SERVING OF ALCOHOLIC BEVERAGES Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES:- None. ADJOURNMENT: There being no iunthen buaine44 to come bedoxe the Commission, ,the meeting was adjourned at 1:05 O'Ctock P.M. this date. ATTEST: N. V. Southern CITY CLERK Ratph G. 0ng1e ASSISTANT CITY CLERK Mau..i ce Ferrne MAYOR CITE OF MIAMI DOCUMENT — ME ETING DATE: NDEX ITEM NO. 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 (8 pages) SPEED LIMITS POSTED ON RICKENBACKER CAUSEWAY - PLACE SIGNS AT APPROPRIATE AREAS "YOUTH EMANCIPATION DAY" JULY 1-1973-RENTAL FEE FOR USE OF MIAMI BASEBALL STADIUM AGREED ORDER CASE OF E.H.G. FINANCIAL CORPORATION VS. CITY OF MIAMI CONDITIONAL USE-CONSTRUCTION-2650 BIRD AVENUE CONDITIONAL USE-CONSTRUCTION-2425 N.W. 11THi STREET ACCEPT COMPLETED WORK -IMPROVEMENT SK-4356 IN S.E. 15 ROAD SIDEWALK AMEND ORDINANCE NO.6871- COMPREHENSIVE ZONING FOR THE CITY OF MIAMI GRANT PETITION FOR PLANNED AREA DEVELOPMENT 2920 N.W. 18TH AVENUE GRANT PETITION FOR PLANNED AREA DEVELOPMENT 550 N.W. 5TH STREET ADVERTISEMENT "DIARIO LAS AME RICAS"- "CUBAN PARK" REQUEST INCREASE IN PENSION BENEFITS FOR RETIRED EMPLOYEES BUDGET 1973-1974 ACCEPT PLAT ENTITLED FORTE PLAZA -A SUBDIVISION CITY OF MIAMI ACCEPT PLAT ENTITLED "MONTERO SUB"- A SUBDIVISION CITY OF MIAMI • DELIVER HARRY S. ROTHSCHILD A QUIT CLAIM DEED FIVE FOOT PUBLIC SERVICE EASEMENT- S.W. CORNER OF N.E. 79TH STREET AND 5TH AVE. FEDERAL GRANT APPLICATION -DEPARTMENT OF JUSTICE CONTRACT BETWEEN CITY OF MIAMI AND EMPLOYEES ASSOCIATION EVALUATION OF THE COCONUT GROVE INCINERATOR ADVERTISEMENT-"LATIN COMMUNITY RIVERFRONT PARK" R-73-378 R-73-379 R-73-380 R-73-381 R-73-382 R-73-383 R-73-385 R-73-386 R-73-392 R-73-394 R-73-395 R-73-396 R-73-397 R-73-398 R-73-400 0053 73-378 73-379 73-380 73-381 73-382 73-383 0054 73-385 73-386 0055 73-392 73-394 73-395 73-396 73-397 73-398 73-400 0056 DOCUMENTINDEX CONTINLI COMMI I DOCUMENT IDENTIFICATION ACTION rmi NO. 20 21 22 23 24 25 ACCEPT BID -FOREMOST INSURANCE COMPANY- -LIABILITY INSURANCE JUNE 1-1973 THROUGH MAY 31, 1976 ACCEPT BID-MOTOROLA TELEPROGRAMS INC. FOR LAW ENFORCEMENT PROGRAMS ACCEPT BID -CENTRAL OIL ASPHALT CORPORATION - FOR FURNISHING EMULSIFIED ASPHALT ACCEPT BID-RAYBRO ELECTRIC SUPPLY -MATERIALS FOR THE CITY PARKING LOTS ACCEPT BID-CARL J..HOENES INC.-ORANGE BOWL N.W. RESTROOM ADDITION DESIGNATING AREA S.W. 13TH AVENUE BETWEEN SW 8TH ST. AND SW 10TH ST. AS "CUBAN MEMORIAL PLAZA" R-73-402 R-73-403 R-73-404 R-73-405 R-73-406 PAGE # 2 RETRIEVAL CODE 4D._ 73-402 73-403 73-404 73-405 0057 73-406