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HomeMy WebLinkAboutCC 1973-06-14 MinutesMIAMI CITY COMMISSION MINUTES JUN 1 4 1973 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL • H. D. SOUTHERN CITY CLERK . RALPH G. ONGIE ASSISTANT CITY CLERK INDEX E X MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE N 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. WAIVE MINUTES OF PREVIOUS MEETING PERSONAL APPEARANCE - County Commissioners JOYCE GOLDBERG AND REV% EDWARD T. GRAHAM DISCUSSION OF CITY -COUNTY COOPERATION APPOINTMENT OF COMMITTEE FROM COMMISSION DAY CARE -CHILD DEVELOPMENT CENTERS PROCLAMATIONS+ CERTIFICATES OF APPRECIATION. WAIVE RENTAL FEE -GULFS —REAM ROOM OF BAYFRONT PARK AUDITORIIIM YOUTH HONOR DAY BALL REflUEST FOR USE OF ORANGE BOWL STADIUM MR. DAVID CURRY RECEIVE SEALED BIDS - Protect No.135 +76+ CAPITAL IMPROVEMENT PROGRAM BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357 RECONFIRM ORDERING RESOLUTIONS TRACY SANITARY SEWER IMPROVEMENT SR-5375-C and SR-5375-S VARIANCE - LOT 25+ LENNOX PARK (5-89) VARIANCE - LOTS 1+ 2+ 3+ BLOCK 2 FEDERAL WAY AMD (25-6) CONDITIONAL USE - LOTS 11+ 12+ BLOCK 125N MIAMI B-41 CONDITIONAL USE - LOTS 19+ 20, BLOCK 6 CORAL NOOK (8-115) VARIANCE - LOTS 13+ 14+ BLOCK 9 TAMIAMI GARDENS VAP ANCE - LOT 15, BLOCK 12 BUENA VISTA GARDENS FILL SUBMERGED LAND- LOTS 14, 15, BLOCK 104S BRICKELL ADD AMD CHANGE ZONING CLASSIFICATION E.150ft. LOT 19 VIRGINIA PARK SUB CHANGE ZONING CLASSIFICATION- LOTS 13 thru 20 BLOCK 69 & 72N LESS LOT 20 & LESS 37.5 f t . & N 50 ft. of W. 12.5 ft. LOT 19 & Less N 50 ft LOT 18 MIAMI B-41 CHANGE ZONING CLASSIFICATION- LOT 1+ BLOCK 2 MARCELLUS DEARBORN 73-407 DISCUSSION 73-408 73-409 DISCUSSION 73-410 73-411 73-412 73-413 73-414 73-415 73-416 73-417 73-418 73-419 73-420 73-421 ORD. NO. 8166 ORD. NO. 8167 Passed as EMERGENCY on second reading ORD. NO. 8168 1 1-3 11 12-14 14 14--2 21 22 23'25 25-27 27-28 28-29 29 29 30 30 JUN141973 INS MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO, PAGE N 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. AUTHORIZE PAYMENT OF DUES WORLD BOXING BOXING ASSOCIATION PERSONAL APPEARANCE - MR. HENRY L. GIVENS MIAMI FEDERAL EXECUTIVE BOARD MINORITY BUSINESS OPPORTUNITY COMMITTEE- APPOINTMENT OF VICE MAYOR GIBSON AS CITY REPRESENTATIVE PERSONAL APPEARANCE - MRS. D. STEINBERG COMPLAINTS OF ACTIVITIES AT SOUTH FLORIDA MILITARY ACADEMY, 2121 S. W. 27TH AVENUE VACANCY ON INTERAMA AUTHORITY. SUBMIT NAMES OF CANDIDATES TO GOVERNOR PERSONAL APPEARANCE - MR. LUCIUS WILLIAMS DOWNTOWN DEVELOPMENT AUTHORITY RIVER WALKWAY DEVELOPMENT INVESTIGATE ELIGIBILITY OF EMPLOYEES OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO PARTICIPATE IN GROUP INSURANCE AND RETIREMENT PLANS APPEARANCE OF REPRESENTATIVE OF +VIVA+ Welcome home for returned Prisoners of war ORDERING RESOLUTION ' NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-C centerline sewer ORDERING RESOLUTION NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-S sideline sewer ORDERING RESOLUTION LIBERTY SANITARY SEWER IMPROVEMENT PHASE II - SR-5377-C centerline sewer ORDERING RESOLUTION. LIBERTY SANITARY SEWER IMPROVEMENT PHASE II - SR-5377-S sideline sewer HIGHWAY RIGHT OF WAY DEED ALVIN I AND DEBORAH MALNIK URGE COUNTY COMMISSION AND H.U.D. TO TAKE SAME APPROACH IN CONNECTION WITH INSTALLATION OF LIBERTY SANITARY SEWER PROJECT AS WAS TAKEb WITH INSTALLATION OF SEWERS IN COCONUT GROVE HIGHWAY RIGKT OF WAY DEED ARMANDO AND EMERIA DELGADO JUN 141973 73-422 DISCUSSION 73-423 73-424 DISCUSSION 73-425 73-425A 73-426 73-427 73-428 73-429 73-430 73-431 73-432 31-32 32-33 33-38 38 38-41 42-44 44-45 • MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM N0, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NI 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 47. 48. ACCEPT PLAT LAS VEGAS SUB AUTHORIZE PUBLICATION OF PUBLIC HEARING FOR OBJECTIONS TO COMPLETED WORK. - CORAL WAY SOUTH HIGHWAY IMPRC"EMENT H-4354 AUTHORIZE PAYMENT TO L. S. WEGMAN CONTINUED OPERATION OF 20TH ST. INCINERATOR ACCEPT COMPLETED WORK MANOR do MOORE PARKS FENCING - 1972 DUPLICATE TAX CERTIFICATE - CHARLES VANO TRANSFER FROM CONTINGENT FUND TO CITY CLERK BUDGET FOR ADVERTISING REQUIREMENTS RECREATION LEADER PROGRAM- MIAMI DADE JR. COLLEGE STUDENTS CONTRACT WITH DINNER KEY BOAT SHOW FOR USE OF PIER 5 CLAIM SETTLEMENT - ARTURO TORO, FREDERICO TORO AND MAINE INSURANCE COMPANY AUTHORIZE CONTRACT - CITY OF MIAMI AND GENERAL EMPLOYEES ASSOCIATION FEDERAL GRANT APPLICATION POLICE COMMUNITY RESOURCE POOL AMEND SECTION 39-24 - PARKING CHARGES CERTIFICATIONS ESTABLISHING FAIR MARKET VALUE ALLOCATE $250,000 FOR LAND ACQUISITION EXPANSION OF DIXIE PARK STATEMENT OF CITY -COUNTY COOPERATION CONFIRM ACTION OF THE CITY MANAGER REPAIR OF OVERHEAD CRANE MOTOR 73-433 73-434 73-435 73-436 73-437 73-438 73-439 73-440 73-441 73-442 73-443 FIRST READING 73-444 73-445 DISCUSSION 73-446 50 50 51 51 52 52 53 53-54 54 55 56-57 57 58 58 58-59 JUJN 141973 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT werrisiarrimetarrip ORDINANCE OR RESOLUTION NO. PAGE NO 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. AUTHORIZE AGREEMENT- STANFORD RESEARCH PHASE II MANAGEMENT STUDY FOR MODERNIZATION OF THE DEPARTMENT OF POLICE SUMMER SPECIAL FOOD SERVICE PROGRAM APPROPRIATING $846,000.00 CRIME PREVENTION AND POLICE FACILITIES BUILDING IN THE DOWN- TOWN GOVERNMENT CENTER AMEND CODE - INCREASE AND REVISE CHARGES FOR USE OF SWIMMING POOLS LEASE OF CONCESSIONS AT CITY PARKS LUMMUS PARK MORNINGSIDE PARK DORSEY PARK WEST END PARK CONDEMNATION OF PROPERTY- WAINWRIGHT PARK AMEND ORD. 6945- CIVIL SERVICE RULES REPEAL SECTION OF SICK LEAVE WITHOUT PAY FOR PREGNANCY AWARD BID - PERMIT APPLICATIONS AWARD BID - 5000 POUNDS OF LAWN GRASS AWARD BID - HEAVY EQUIPMENT REPLACEMENTS AWARD BID - TOTE CONTAINERS (REFUSE) �'*?► - MIAMI STADIUM PARKING LOT AWARD BID - ORANGE BOWL Wti%. n!lgo'R PLATFORM ACCEPT COVENANT- TRANSFORMER VAULT FOR THE BANK OF MIAMI 46 WEST FLAGLER STREET CITY PROPERTY POSSIBLE SALE OR USE FOR MINI -PARK CULMER CENTER REQUEST FOR ASSISTANCE FOR CLEAN-UP FEDERAL REVENUE SHARING FUNDS- APPROVING PLAN FOR EXPENDITURE. SET PUBLIC HEARING DATE REFER PROPOSED PLAN TO COMMITTEE 7�-447 73-448A 73-448B 73-449 73-450 73-451 73-452 EMERGENCY ORDINANCE no. 8169 59 60-63 64 64-65 73-453 65 73-454/ 66 FIRST READING ORDINANCE 66 73-455 67 73-456 67 73-457 68 73-458 68 73-459 69 73-460 69 73-461 70-7 73-462 72-7 DISCUSSION 76 73-463 73-464 73-465 77- JUN 141973 • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. RETIREMENT SYSTEM- CONTINUING FIRST NATIONAL BANK OF MIAMI AS TRUSTEE UNTIL SUCCESSOR IS DESIGNATED AGREEMENT - UNIVERSITY OF MIAMI for ELECTRICAL TECHNICIAN ALCOHOLIC REHABILITATION PROGRAM - PLANNING AND ZONING - PROPOSED CHANGES (First scheduled workshov session after initial presentation) • 73-466 73-467 DISCUSSION 73-468 88 88 89 89-103 MINUTES OF REGULAR MEETINC CITY COMMISSION OF MIAMI, FLORIDA 0n the 14,th day 06 June, 1973, the City Commission 06 the City 06 Miami, FtonLda, met at .its negw an meeting ptace at City Hatt in said City ,in Aeguean session. The meeting was caned to order at 9 : 00 O' C.Eock A.M. by Mayon Maun.ice Fenne with the 6oUtowLng membena o 6 the Commission pkesen,t: MA. Ptummen, Mk. Reboso, Reverend Gibson, MAa. Gordon and Mayo4 Fenne. ASSENT: None. An invocation was detivened by Reverend Gibson who then ted those pnes en.t .in a peedg e o6 atUegZance ,to ,the 6.Qag . 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. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 2, PERSONAL APPEARANCE - COUNTY COMMISSIONERS JOY E GOLBERG AND APPROPRIATE FUNDS FROM REVENUE SHARING REVEREND EDWARD T. GRAHAM FOR 50% CONTRUBUTION TO OPERATION OF LEGAL SERVICES LATIN AMERICAN OFFICES Mayor Ferre: At this time, I would like to recognize out of order the presence here of two very distinguished Commissioners, our own Reverend Edward Graham and Mrs. Joyce Goldberg and with them is Mr. Howard Dixon and I would like to recognize them for their presentation at this time. Mr. Dixon: Mr. Mayor and fellow Commissioners. You may recall early in April or May, I came here with distinguished members of the Latin- American community to ask for $92,000 for the•latin american office in the little Havana area. At that particular time I was given 2 pieces of advice. One of them was I should go to the county. I went to the County Commission and the County Commission said they would certainly help fund our office but they felt they would like to talk to you with respect to you joining in with them on this particular venture to fund our legal services office in Little Havana. I received a letter June 6 from Ray Goode indicating that they had appropriated $45,000 to be put in the coming budget for our latin american office. Mayor Ferre: Thats what we wanted was for the county to act and now we see where you stand and I think you can see that you will have a similar reaction here on the City of Miami Commission. Mr. Reese later on this morning is going to be discussing some of the revenue sharing funds we have. Let me ask you specifically Mr. Reese if you have any provisions in there and what are your recommendations in this matter? Mr. Reese: In order to comply with the federal regulations, we have to advertise -in a newspaper and publish a report as to how we contemplate or plan spending the 1973-74-75 funds and in keeping with the City Commission's previous actions and also the resolution for legal services, I am incorporating in the plan $45,000 for legal services which is the figure that represents the same amount that Dade County is proposing for legal services. • 00.E JUN 1419 Mayor Ferre: I think it would be appropriate for this Commission to go on recorcon the policy of putting $45,000 on the budget for this purpose. Mrs. Gordon: I would so move that Mr. Mayor. Mr. Reboso: Second the motion. Mr. Reese: From this source of funds. Mayor Ferre: is limited - Well we didn't limit it to this source, I don't think it Mrs. Gordon: From the Revenue Sharing Funds. Mayor Ferre: You want to limit it to the Revenue Sharing Funds? Mrs. Gordon: Well yes, I think its the purpose of the Revenue Sharing Funds to supply money for this type of service. Is that all right? Mr. Reese: Mr. Mayor, you made a suggestion that it be put in tht budget and if you take that action, then we have to be in. a position of demonstrating the source and the budget is not before you. What is before you or will be before you, is a plan for the expenditure of revenue sharing funds. Mayor Ferre: Mr. Reese I am going beyond that. What I am saying is I think that this Commission following the example of the County should go on record publically stating its will that this matter be included in the budget. Now the sourcesare something you are going to have to - Mr. Reese: What I am saying is that if its a policy of the COmmission to include it, please put it as a policy. Mrs. Gordon: We will move it as a policy that we include it. Mr. Southern, City Clerk: That is in the forthcoming budget, right? Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-407 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT FUNDS IN THE AMOUNT OF $45,000 TO BE TAKEN FROM REVENUE SHARING FUNDS OR FROM SOME SOURCE TO BE DESIGNATED AT A LATER DATE, BE PROVIDED IN THE FORTHCOMING BUDGET TO MATCH AN EQUAL AMOUNT TO BE CONTRIBUTED BY DADE COUNTY FOR THE PURPOSE OF FUNDING THE LEGAL SERVICE AGENCIES LATIN OFFICES (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 002 • Commissioner Joyce Goldberg: Thank you very muc;: I think its the beginning of a new era of coordination and cooperation between the County and we appreciate it. Mrs. Gordon: And compliments to you and Commissioner Graham. Everytime we have appeared before you, you are equally as cordial. Commissioner Edward Graham: Thank you Mrs. Gordon, Mr. Mayor and Commissioners. 1 have not had the experience of being on this side of the fence for very much but I am pleased to be here this morning and to be with some of my former colleagues and those workers that have supported our efforts so many years when we were here together. I want to tell them how pleased I am just to be back to greet you this morning and to share with your Mr. Mayor in meeting some of the respon- sibilities that our populace demands of us. I think we are in a transitional period where we can remember that .we are not going to have federally funded programs with us always. We must then assume our responsibilities as a responsive government to people's needs and whenever that opportunity presents itself, I would commit the County Commission now to certainly Sir, meet you and your colleagues at least half way if not 51%. Thank you very much for allowing to come. Mayor Ferre: Thank you very much Commissioner Graham. 3, DISCUSSION OF CITY -COUNTY COOPERATION - APPOINTMENT OF COMMISSION MEMBERS TO SERVE ON SUCH COMMITTEE Mr. Reese: Mr. Mayor if I may bring up something at this particular time along a similar line of cooperation. I understand that your meeting with Mayor Orr, reading this in the news media, there is going to be some group set up for cooperation between the County and City - Mayor Ferre: Perhaps we ought to get Commissioner Graham and Goldberg back to listen to this. Mr. Reese: Mr. Mayor, I think this action is very vital and I think it needs to be expedited as rapidly as possible. The city of Miami government and some of the people in the government have worked quite hard to assist in the county's passing of their bond issue which I think is very necessary. It has been long overdue that we stop this idea of trying to put day to day capital expenditures on an operating basis. It has to be long term financing. Also, the City of Miami worked very dilligently to get the Water and Sewer Board operation transferred over to Metro in order to make it a county -wide Water and Sewer system which I feel is very vital but we are running into some problems as far as the City of Miami taxpayers are concerned. This is why this committee is very necessary to move in immediately. There is proposed right now by Metropolitan Dade County to sell X-dollars of these proposed bonds for building of sewers and water system. The City of Miami taxpayer recognized he was going to have to pay a percentage of this bond debt obligation. He was knowledgable of this when he voted on it but in the City of Miami, some time ago, there was adopted by the City Commission a report and also an action to be taken by the Water Department which afforded them to increase their surtax on the water bill to 154% or an increase of 54% in the City or to 140 previously, 96. Now in doing that, this was done for the sole purpose of making monies available to the Water and Sewer Board authority to use for the expansion of the sewage disposal plant at Virginia Key and for the outfall. Now if I read the articles correctly in the newspaper, the bond issue that is proposed is to pay for the outfall and the sewage plant expansion. My point is that it needs to be discussed through cooperation is this: Are the City of Miami taxpayers going to continue to -pay the surcharge of 140% and at the same time pay the debt service? If we are, we are making a contribution well in excess of the total benefits to the community which is a greater burden than would be applied to any other subdivison. 003 JUN 14197 • I raised this solely to show how we need such a committee to sit immediately and try to reconcile some of these problems. Mayor Ferre: Mr. Reese I was going to bring this up a little later in the day but now that the subject has been brought and we have two county commissioners, I would like to announce at this time, the appointment of the City of Miami committee to meet with the County Commission committee on this cooperation and part of this is going to require a ruling from the city attorneys office because I would like to appoint: VICE MAYOR GIBSON • COMMISSIONER J. L. PLUMMER COMMISSIONER ROSE GORDON. to this committee. Since I had talked to Father Gibson and J.L. PLummer first and then Commissioner Gordon requested to be on it, then I changed because I was going to have a lay person closely connected to the City of Miami, Sidney Aronovitz or Mrs. Alice Wainwright on the committee but since Mrs. Gordon requested that, I would like to request a ruling from the City Attorneys Office. Mr. Turner, Asst.City Atty: Mr. Mayor, we are ready. It is the recommendation of the City Attorneys Office that you limit this committee to 2 members of the City Commission instead of 3 because of the implications of the sunshine law. The sunshine law is rather broad, I am sure you are aware of it and 3 members would constitute a quorum of the Commission and this could under certain cases be considered as the official action of the Commission so it is our recommendation that you limit it to 2 members of the Commission. Mrs. Gordon: Mr. Mayor - Mayor Ferre: In that case then, I will appoint: VICE MAYOR GIBSON MR. J. L. PLUMMER. and I have already talked to Mr. Sidney Aronovitz and he unfortunately at this time cannot accept this proposal. I have tried to reach Mrs. Wain- wright. She is up in Maryland as she has a very ill brother. As soon as she comes back, then I will discuss it with her. In the interest of time, I will then ask Mr. Reese along with Vice Mayor Gibson and Mr. Plummer to request a meeting as soon as possible and I would like to see a list of those more important items to be discussed drafted within the next week so perhaps the following week, there can be a first meeting. I have 4-5 things and will be sending a memo to Vice Mayor Gibson and other members of the committee on the specific areas that I think should be looked into. Mrs. Gordon: Mr. Mayor may I say a comment please to your comments regarding me. About 10 days ago, I sent a memo to you. You had not made any announcements whatsoever of whom you intended to appoint and certainly I had no way of reading your mind. My memo stated simply this, that I have been working together with the County in many areas such as bus transportation, child day care, senior citizens welfare and others and in my memo, I noted for your recollection that, and this is no reflection on the Vice Mayor because he is a man I hold in high esteem, that there were only 2 people on this Commission who have been elected by the people of the City of Miami. As an elected Commissioner and one who is thoroughly involved in the County and City cjoperative ventures, I hoped that you would consider the appointment of myself and as a woman from this Commission, as being appropriate. This is the reason why I sent you the memo and hoped that you were going to take that into consideration. Mayor Ferre: Mrs. Gordon, I received your memorandum. I recognize your point. I had previous to that memorandum, discussed this and decided that the b est representation because, and this is no reflection on your involvement because certainly you have done a very commendable job in the City of Miami Commission and I know that you have had a lot of interest in a lot of different matters. I would be very happy to appoint you to that committee and subject to the approval of the city attorneys office since I had already determined 004 to appoint the Vice Mayor and Mr. Plummer to tha. committee. Now this is no reflection on you. I wtiuld like fiery much to appoint you to that committee. Unfortunately, you have heard what the City Attorney said that we cannot have 3 members appointed, so I propose to appoint Mrs. Alice Wainwright who as you know has also served the City of Miami as a Commissioner and is very interested in many important matters. She is also a fine lady and has a great interest in our community. I am sorry that it turned out that way, I am afraid we are bound by the legal - Mrs. Gordon: Have you spoken to Mrs. Wainwright? Mayor Ferre: Mrs. Wainwright is in Marl►land and I have placed 3 phone calls and talked to her secretary. If She cannot serve, then I will have to find someone else outside of the City COmmission. Mrs. Gordon: My main point in my memo to you Mr. Mayor was that I did not expect that you would appoint me but I did want you to remember that I was elected. Mayor Ferre: I don't think the Charter, and let me get a legal opinion. I don't think from a point of view of action on this Commission'that the charter distinguishes between an elected official and an appointed official, is that correct? Mr. Turner: Correct. Mayor Ferre: So in other words, once a Commissioner is appointed, then he in effect becomes a Commissioner under the charter and these are the laws that we live by, a first class citizen. We don't have first class citizens or second class citizens and we don't have first class commissioners and second class commissioners. Mr. Plummer: Reverend Graham or Mrs. Goldberg, who are the three from the County? Fogg, Phillips and Goldberg? Thank you. Mayor Ferre: Any further comments or discussion? Mrs. Gordon: Mr. Attorney. May I ask you a question. Would there be anything illegal in attending these meetings without being an official part of the committee? Mr. Turner: Commissioner Gordon the problem is that the sunshine law is not clear on that. Mrs. Gordon: Is the public going to be invited to these meetings? Mr . Turner: This is one of the problems Commissioner Gordon, we - Mr. Plummer: Well let me make one point very clear Mr. Mayor. If these meetings are not open to the public, I will not sit, now these are things I think are very clear. Mrs. Gordon: Congratulations Mr. Plummer. Mayor Ferre: I think that with Joyce Goldberg there, there is no question they will be open to the public so I don't have any doubts about their being public meetings. Commissioner Gordon has asked you a specific question. Is there any reason why she can't be present as a member of, not in an official capacity, but as a member of the public? Mr. Turner: Mr. Mayor, I can't give you an answer at this time, I will have to research that question. Mayor Ferre: Would you then research it and give Mrs. Gordon and the rest of the Commission a copy. This also limits me from being present as I understand it or Mr. Reboso so we are not just talking about you Mrs. Gordon, this limits us too. Mrs. Gordon: I wish to be notified of all meetings please, Mr. Reese. Mayor Ferre: Would you notify the Commission of the meetings Mr. Reese? Mr. Reese: Am I to be the Clerk of this Committee or what? That person ought to notify everybody. 005 JUN 1419 1 Mayor Ferre: I think we are going to leave the chairmanship of this to Vice Mayor Gibson if you would Sir please, and ii you would coordinate/ our portion of it and so inform the Commission all,. the Manager and of course Mr. Reese. Mr. Fogg is coordinating it with the County and will you please call him and coordinate it for our side. 4, DAY CARE - C ILD DEVELOPMENT CENTERS DISCUSSION Mrs. Gordon: I would like to bring up an important item if I may Mr. Mayor. Its short and important. There is a group of citizens who are involved in day-care child development in this county and the city who are extremely interested in proceeding rapidly in the development of some child care centers and after school centers. I met with a group of these people last Saturday and I am giving you a report on this meeting. I intended to bring this up later but I specifically wanted the County Commissioners to hear this because it will be something they will be interested in and was one of the items that I would have liked to be on the committee for. At the present time, the City cf Miami operates within the city of Miami parks and recreational program, there has been for several years a program of for pre-school children. THERE WERE ( PARKS in the City of Miami scattered throughout the entire city which are in neighborhoods of varying income levels. These pre-school programs were either at no charge or a very minimal charge but they are not adequate for the needs of the working mother. For the needs of the working mother, we need to have a full day care program whidh they know their child will not just have custodial care so to speak, but that those children will be given the proper kind of training for schooling and its an idea that I have that I brought to the people attending the meeting, and to give you an idea of the calibre of those persons, we had the Day Care coordinator for the Catholic Service Bureau, the Director of the Volunteer Action Center, the Director of the Dade County Department of Youth Services, the Child Care Chairman of the N.O.W. South Chapter, Dr. Alma W. David, Professor of early child education of the University of Miami. We had people from other organizations connected with child day care work, league of working mothers and the office of education of the Diocese of Miami and we have at least 20 other people of similar calibre who are now on this task force working with me as an ad hoc committee. It is an idea that I had and I presented to this group, that within the parks system of the City of Miami, that this program be expanded to an all day session and yesterday, a portion of this group and I traveled by bus to several of our parks to inspect the premises to see which of them would be a good pilot program. We would like very much to begin a pilot program here in the City of Miami in our parks system and let it catch on and expand itself into the park system of the county and its very possible we will need your cooperation with regard to proceeding in the area because I ,believe that one or two day care centers is not nearly enough. Its a little flame and we need a fire. I am asking this of you to consider it and we will meet again this Saturday at 10 o'clock and invite any interested persons to come. It will be held here and we will proceed to try to further develop it. Our target date is to open the first pilot program in October and I would by resolution like to ask Mr. Mayor that this Commission as a policy decision go on record as being in favor of the promotion and development of day care centers and after school centers within our park system but not necessarily limited to it and that we immediately proceed in that direction by having someone within our parks department named as a ceor rinator for child day care services for the City of Miami. I so move. Mayor Ferre: Is there a second to the motion for the purposes of discussion? Mr. Plummer: I'll second the motion. 006 JUN 141� • • Mayor Ferre: I would like to before we get into .ny further discussion on this matter, ask Mr. Reese to comment on it and he is at this time drafting a plan for the expenditure of funds for the fiscal year and I am going to take the peroggative of the chair and limit this discussion for 5 minutes because I know its a very important matter Mr. Reese and I would request that we hold this up until many of these people that have been here since 9 o'clock are heard and then if we have any time before 10 we will take it up again and if not, we will take it up at the end of the morning so lets make this rather quick if we could and we will come back to the more specific details of this plan. Mr. Reese: I want to make several comments. The City of Miami Recreation Department has a kindergarten program and it was never intended to be a day care center so the county has been carrying out a day care center for some time through their community action program. In Mr. Goode;s budget he proposed the communities make available $400,000 to assist in day care centers. Recognizing that the City of Miami has the largest population and the largest need etc., it is suggested in this proposed plan and please now, under the federal regulations we have to publish a plan. We are not confined to expend our money in this, we can re -program it and thenlater on make a report to the federal government showing how we actually spent the money, but in this plan, it is proposed that we make $400,900 available to Dade County to cooperate in the funding of their day care centers with the emphasis that they consider establishing and developing a more extensive day care center at the 4 or 5 locations we have listed in this report. In the program there is a number of other items but in order to point out what was thought of as an overall plan. Mayor Ferro: In other words, if I understand your statement correctly. What you are saying is you don't want to duplicate the administrative level that already exists within the County and that in effect what we are going to do is utilize some of our funds to supplement the County in their program. Mr. Reese: Definitely. Mayor Ferre: Specifically allocated to the areas within the City of Miami. Mr. Reese: Definitely. Just as true as on the legal service. Mayor Ferre: That way we won't get into creating a beauracratic structure by duplicating what already exists in the county. Mrs. Gordon: You now see my point very well Mr. Mayor when I asked to be on the committee that was to be able to work together with the County in developing these programs. Mayor Ferre: Mrs. Gordon, I don't think there is any in the charter for you doing that. Mrs. Gordon: I ask you to make a policy decision that the parks be the take off point for the city's day care and after school care programs. The Moore Park which we inspected yesterday has a marvelous facility, very well adaptable for the pilot program. I would like very much, in fact, I will meet on an individual basis with the County and invite in fact, that the County send a representative to this Ad Hoc Committee to help us to start this program going immediately, there is no need to delay. We need to cut red tape one way or another. Children can no longer wait while political machinery moves very slowly and especially if we say to the County, here you are now custodian of these funds and unless we help you to design what we need, its not going to move it forward quickly enough Mr. Mayor. We need to work together with them in the designing of what we know we need in the City of Miami. Mayor Ferre: I think that's wonderful but that's not giving too much credit to the ability of the County - Mrs. Gordon: Its not a matter of ability - Mayor Ferre: of their staff in moving ahead. #2, we have the problem that these monies will be available when Mr. Reese? 007 JUN 1419 • Mr. Reese: They will be available in October 1 to start the programs. Mayor Ferre: Do we have any funds to start this before? Mr. Reese: We have thie 4 allo'tment but we don't have the total amount. What we have is $1,957,169 now but the County isn't in a position to move either. Mayor Ferre: Its not? Mr. Reese: No because they are talking about their next budget which begins October 1. Mrs. Gordon: What about the monies left from last years revenue sharing? Mr. Reese: There isn't any monies left from last years revenue sharing. We are still under the appeal for the retroactive pay raise. We still have the money earmarked for the acquisition of the Underwood property, the money also for the restaurant property down here and those properties are not acquired so the balance if there would be a balance would be able to be reported to the Commission. The Commission took the action that we had to use federal funds for the acquiring of this property. Mrs. Gordon: Mr. Reese what you are saying is there is absolutely no funds left from last _years revenue - Mr. Reese: I cannot at this time come in with an absolute balance sheet because you or nobody else can tell me what the Underwood property is going to finally cost when it goes to the jury for an award. All we got is an estimated figure. Mrs. Gordon: Mr. Reese what we are talking about to begin the pilot program to get it for beginning october is a minor amount of money. I think we are talking of $100,000. This amount is not the millions of dollars that revenue sharing had made available. I still would like to move the motion that I made before if the clerk would repeat it. Mayor Ferre: Before we get to that Mr. Gordon, I would like to make this statement. I think what you have done is wonderful. I think that your interest is commendable. I think that the City of Miami has an oblig- ation to its citizens in helping in this type of program. I agree with you that time is always of the essence in any social program. I think that we should move as quickly as we can. I do feel that we must avoid the duplication of a structure which may already exist. I think the County should be looked upon and counted upon and pushed if necessary by us to implement this. The important thing is the money because I think they have got the ability and the structure. I think that the best way of moving on this is to have this joint County Commission where there will be 3 members of the County Commission plus the County Manager along with the City Manager and 2 members of the City Commission to take this up on the agenda next week as one of the first items and see how we can move this forward as quickly as possible. It doesn't mean that you or anybody else in the City can meet with different members of the county staff or the county commission to move this program forward but I think the way to do it is through the establish route and I would recommend to you Father Gibson that this be one of the first things on the agenda next week. Mrs. Gordon: In order to support your position Father Gibson, I would say to you the resolution I made before was a policy position. Would you read it back mr. Clerk please? Mr. Southern, City Clerk: Yes the motion says that the Commission go on record as being in favor of the promotion and development of day care centers and child after school centers within our park system but not necessarily limited to it and that we immediately proceed in that direction by having someone in our parks department named as coordinator for child day care centers within the City of Miami. Rev. Gibson: Mr. Mayor, wouldn't it be better to turn this over to the committee with the express understanding that that is the intent rather than- 008 JUN 1419 Mrs. Gordon: its an intent motion - Rev. Gibson: You said the city parks and recreation department must do the coordinating. Suppose the county - Mrs. Gordon: May I amend that motion and remove that portion about the coordinator in the parks division and just of the rest would stand. Its a policy motion. Mayor Ferre: I think thats very good and that improves it because then that leaves the city more - Mrs. Gordon: Well it makes it flexible and I. will continue Mr. Mayor working with the Ad Hoc committee and bringing the recommendations of this Ad Hoc Committee to the joint City -County Commission committee so that they may have the benefit of the expertise of these people who are all vunteers. Mr. Plud'mer: Mr. Clerk, is my memory correct, we passed such a resolution about 6 weeks ago that this day care center be given the highest priority under revenue sharing? Mrs. Gordon: This is more specific Mr. Plummer. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-408 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION AS FAVORING THE ESTABLISHMENT OF DAY CARE CENTERS AND CHILD AFTER SCHOOL CARE CENTERS WITHIN THE PARK SYSTEM OF THE CITY OF MIAMI BUT NOT NECESSARILY LIMITED TO THAT SYSTEM AND URGING IMMEDIATE ACTION IN THIS DIRECTION (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 Mayor Ferre: Let me ask you this question Mrs. Gordon because I sit as an Ad Hoc Committee. Appointed by the Commission or the Mayor? Mrs. Gordon: Not appointed by anybody. People who have worked together with me to lend me the benefit of their experience and knowledge so that I may be better off to help . you and the Commissioners and the City of Miami to proceed rapidly in this direction. Mayor Ferre: Now there was a mention on your part and I think rightly so, I subscribe to it, that you be fully informed of any meetings and the proceedings of those meetings. You didn't say that but I would add that if we keep some kind of minutes. Mrs. Gordon: I intend to be present Mr. Mayor, if I am not able to for some reason physically or other but otherwise I shall be there. Mayor Ferre: I am sure you want some minutes so that we have a - Mrs. Gordon: I think everyone should receive minutes. I think we owe it to the citizens to give them minutes. 009 JUN 141973 Mayor Ferre: I would also like to request becau.e I understand that you, on a regular basis had various ad hoc committees meeting in the city chambers to discuss various matters. Mrs. Gordon: Citizen matters. • Mayor Ferre: Senior citizens and different groups. The Charter does not provide for any unilateral action even though it doesn't limit you or anybody else from having such meetings but since they do affect the citizens and the city and since they do affect this Commission, I would like to respectfully request of you also that in the future when you have such meetings that you so advise your fellow members of the Commission so that if they wish to be present, they can be present. Mrs. Gordon: We always have Mr. Mayor. Mayor Ferre: My office has not received notices of these meetings. Mrs. Gordon: We always have permission from the Manager before we arrange for such a meeting. A memo comes through. Mayor Ferre: I am not trying to make a big point or issue out of it. All I want is that I would like for all the Commissioners including the Mayor's office to be advised of any meetings. Mrs. Gordon:, I will be glad to. We invite your presence in fact. We also invite the press, these are not closed to the press. Mayor Ferre: I am not saying they are Mrs. Gordon but my office has not been advised of at least h dozen meetings in the last 4=5 weeks. I am talking about the senior citizen meetings, I am talking about - Mrs. Gordon: We have had 2 senior citizen meetings and I would like to advise you about this because its something I think you ought to know about. The senior citizens - Mayor Ferre: I will recognize you at the proper time. We are 40 minutes behind. Mrs. Gordon: With regard to the parks, excuse me, I wouldlike to mention one thing to Mr. Reese. Mr. Reese the bus we traveled in yesterday broke down at Moore Park, we had to hitch a ride to get back here to City Hall. I understand we have 2 buses within the park system and we certainly do need more vehicles and we hope that you budgeted for some new vehicles for the parks department. It was quite an embarassing situation. Mr. Reese: Mrs. Gordon, I understand your car was hit by another vehicle parking in front of the house so your car is broken down too and I don't think thats a true evaluation of a city bus. Mrs. Gordon: The bus doesn't compare with my car. The bus is just obsolete and as I understand it the metro transit authority is disposing a lot of vehicles, perhaps we could buy some bargains. Mr. Reese: That's what we have now, is a bargain. Reverend Graham: Mr. Mayor I have no desire to take more time but simply to reiterate the county's position in a bilateral understanding with the City of Miami through its CAA Agency of which Mrs. Gordon is a member enshrined to prosecute this program that I think all of us would agree is necessary and I say again for the County that we are going to do what our share calls for and we are happy to do it. Mrs. Gordon: Thank you Father Graham. I inspected that CAA facility yesterday. Its beautiful, lovely and the children are well cared for and its really something we can all be proud of. That's at the Manor Park and its a very well run facility. Mayor Ferre: Thank you for being here today Reverend Graham and Mrs. Goldberg. 010 JUN,4197 5, PROCLAMATIONS -CERTIFICATES OF APPRECIATION EI i (a) Reverend Gibson recognized the presence of BOBBY LEE JACKSON and JOHN HUGHES for their receipt of an award from the Marine Council in recog- nition of their efforts in saving the life of a young man who had fallen into a rockpit. PnoetamatLons necognizLng the.ih e66onts wene then pnesented by the City Commission and photognaphs wene taken. (b) A pnocQamation decZan.Lng June 23, 1973, ,the Queen's 8.i4thday, as BRITISH FLORIDIAN CLUB DAY (c) Pnoctamat.%on decta&Lng Wednesday, JuJy 25, 1973 as PUERTO RICO DAV • in connection with a ptanned cetebnatLon oti the Puento Rican Democnat.ic Ongan. zatLon 6, WAIVE RENTAL FEE- GULFSTREAM RQOMJBAYFRONT PARK AUDITORIUM YOUTH HONOR DAY BALL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-409 A RESOLUTION WAIVING THE RENTAL FEE FOR THE GULFSTREAM ROOM OF BAYFRONT PARK AUDITORIUM ON JUNE 14, 1973, FOR THE YOUTH HONOR DAY BALL UPON PAYMENT OF NECESSARY COSTS (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 011 JUN 141973 • REQUEST FOR USE OF ORANGE BOWL STADIUM - MR. AVID CURRY. Mr. David Curry addressed the Commission at this time in regard to his request for use of the Orange Bowl Stadium for a planned event. Mr. Curry: I represent an organization known as SUPER SOUL BOWL 73. This is an organization set up primarily to produce and promote shows. We have organized a show similar to the Wattstax show with top Black acts throughout the country will perform whenever we can secure a date to present a show in the Miami area. This show will be taped and rec- orded with 3=4 million copies of the tape and album and also recorded by a major movie studio to show in the USA and foreign countries. We feel this is a prime opportunity for the City of Miami to get quite a bit of free publicity and to lend its citizens a dual treat by giving them permission to use the Orange Bowl Stadium to perform such an event in. We are talking about 50,000 or better people. With a show of this size, we don't have any other facility in the community to use other than the Orange Bowl Stadium. We have asked for the use of the stadium but we have been informed that the City is overcommitted and our organization has written several letters to the City Manager stating the purpose and he informed us we could use Miami Stadium or the Marine Stadium but each of these facilities will not seat the capacity crowd we are talking about. We want the dates of either August 25 or September 1. Both of these dates we have found the Orange Bowl is available and its on a Saturday and in the event that it rains Saturday, we would hare to have a rain date on the ticket so we would have to perform that show on Sunday. We are talking about some 71 hours of continuous entertainment with acts such as Ray Charles, James Brown, Al Green, Roberta Flack and acts of this nature and this is basically the thrust of our presentation and we would like to ask the Commissioners for permission to use the facility. Mayor Ferre: Mr. Reese, do you have any comments on this sir? Mr. Reese: Well as it was pointed out, the Orange Bowl is over -scheduled now. Also, during the break in the scheduling we have construction work going on over there and I would say that I could not project or see how the Orange Bowl could be made available and furthermore there is an ordinance on the City of Miami books that we have to have a positive, not an anticipated but positive proposed program showing contract commitments and funding that would be carried on in the City of Miami and we have to have sufficient time to do a thorough background investigation on all parties concerned and I think we have to recognize this ordinance is on the books and we can't waive it so if the Commission sees other than the stadium is over scheduled, there is going to have to be some extensive procedures followed. Mayor Ferre: Any questions from the Commission? Mr. Plummer: Mr. Reese, has proffered, realizing that he or anyone else would have to go through the normal channels of filing the proper document and funding and things of this nature. Mr. Reese, to your knowledge, thes two dates, are they available? Would the construction work be over by thi time? Mr. Reese: I can't answer if they are available. I can't answer if the construction work is going to be over because at the present time over there we have sand all over the place because we are sandblasting an we have a lot of structural steel that has to be replaced. While this work is going on, its committed to be ready for the scheduled football season, not the pre -season games but the scheduled games. Mr. Plummer: Mr. Mayor may I suggest then. Mr. Curry, you heard the City Manager state that there are certain things that you must comply with. You initiate the processes now to start that and hopefully you can get that in and Mr. Reese can come back with us to an answer on the 28th which is our next meeting and tell us if in fact these things could br ready. . Mr. Reese: I can't predict that they are going to be ready. This is what the contractor is stating. Please don't put me in a position of saying on the 28th that the contractor is going to be ready. The only safety factor in our contract is that it has to be available 012 JUN 141 • • and ready for the regular scheduled footfall sea: ,n. Mr. Plummer: When does that start Mr. Reese? Mr. Reese: The first game is in the early part of September. Mayor Ferre: Mr. Reese as I recall, we have a Soccer game sometime there don't we? Mr. Reese: We have Soccer games scheduled and also pre -season games scheduled but if we tell this man to go ahead and pull together this thing, he is going to have to make commitments and as soon as you do that you are indirectly putting him in a position of being obligated and all I am saying is, if we don't have the facilities, we can't make a clear commitment on that, then one of the alternate places should be used and then if he wants to see fit to go ahead and promote this and make his commitments, that is his business but if you make a commitment that this is going to be available, then he can in turn go out and make commitments based on that. Mr. Plummer: Mr. Reese, regardless of whether he used the Orange Bowl or an alternative, he would still have to file the same necessary paper work showing the necessary funding and things of that nature, is that correst? Mr. Reese: Yes Sir, but then we are back to dates available on those places so that first of all, he has to say which he wants for the availability of the date and I can't guarantee the availability of the date for the Orange Bowl. On the Baseball stadium, if its not in conflict with scheduled games, I can do that, or on the Marine Stadium if its not in conflict, I can do that. Mr. Curry: Our organization, we went out to the Orange Bowl and we checked with Mr. Rubio. We also checked with the secretary and we were informed that the dates we possibly could use were available, thats August 25th, the Dolphins play L.A. on Friday, AUgust 24th. If he can't forsee that a construction company will come in on Saturday morning and do additional construction to this Orange Bowl on a saturday and the next date, there is no game scheduled at all for the Orange Bowl on the week of September 1. Mayor Ferre: All right Mr. Curry, in the interest of time, are there any further questions? Mr. Plummer: I think this is something Dave that you must keep in mind and I don't know the full ramifications. You made mention of Wattstax which I saw part of the film and I want you to be very cognizant of the fact. One of the things this Commission is caught for and something that is in good condition now is the polyturf. Now I don't know what you would have to do to go through with this program but if you are going to have to build scaffolding out there as they did in Wattstax, I think you better look into this real well because this is one of the key factors. That rug out there could be a real problem You don't have it at any of the alternative sites. Mr. Reese: Mr. Rubio or his secretary might have said that this calendar date right now for an event is open but Mr. Rubio isn't the one that has scheduled these other construction jobs or he isn't the one that has to have the people in there the next day to get the place totally clean and prepared. This is done by other people and you have to look at this total operation, not just the calendar date. Mayor Ferre: I think we are 15 minutes behind now. Mr. Reese, as in the past, I think this is a matter that you have to get into and I think Mr. Dave Curry will have to discuss this with you and see if dates are available and the problems that are involved and you will have to come back to this Commission on the next meeting June 28th with a full report, as to whether or not he has posted whatever he has to post to meet all the requirements that he has to, the dates that have been selected etc. so that we can meet all these requirements. Mr. Reese: Mr. Mayor, I know or I feel very sure that American Biltrite who holds the contract over there is going to say, look we have to be assured that at least for $150,000 worth, that that is going to be not -damaged and kept as a playable football field. 013 JUN 1419 Mayor Ferre: Well these are things that you have to determine. We are not going to determine them if we stay another half an hour discussing them, so all I am doing is turning this over to you and let you negotiate and finalize with Mr. Curry the dates available and all the requirements if they are met and bring it up to this Commission on June 28th if you can, and if you can't come to an agreement, lets see if we can find an alternative. 8,KicHIENSPARANTP 5PARAPCM; CAPITAL—dPROVEMENT PROGRAM At approximately 10:15 O'Clock A.M., the Mayor announced the Commission was now ready to receive sealed bids as outlined above. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-410 A RESOLUTION TO RECEIVE, OPEN, TABULATE AND REFER TO THE CITY MANAGER FOR REPORT, BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR PROJECT #135 -"76" CAPITAL IMPROVEMENT PROGRAM-BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357 (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 BIDS WERE RECEIVED FROM THE FOLLOWING: MARKS BROTHERS Base $193,310.00 9, R51C�5R� QRDERING.RESOLUTION - TRACY SANITARY SEWER IMPROVEMENT 51 CENTERLINE SEWER) QBDERING RESOLUTION - TRACY SANITARY SEWER IMPROVEMENT - l - SIDELINE SEWER) Mr. Plummer: Are there any objectors on Item 6? Hearing none. Mayor Ferre: Mr. Reese, this isn't that matter where so many people came down and objected? Mr. Reese: Thats right, this is. Mayor Ferre: Now those people were all advised, I saw a memorandum or letter you wrote them and are they satisfied now and do they understand now, those have to pay? Mr. Reese: I think they understand but I don't think they are satisfied. Mr. Grimm, Dir.Pub.Works: Thats correct Mr. Mayor. Mayor Ferre: Were they informed of this in writing? Mr. Grimm: Yes. 014 JUN 1419 • • Mayor Ferre: This Commission if you will recall, went on record by saying we would not vote on this unless there was a meeting #1 and #2 you were going to talk to the State if they would and I have seen the letters have gofte out on it and #3, they were going to be fully informed before we voted. Mr. Grimm: About 40 people contracted me Mr. Mayor of which 19 were still objected. These 19 objected for the same reasons as before because they had existing sanitary sewers. I was not able to eliminate these objections but I spent considerable time, we met with them on 2 nights. I have written each property owner 3 different letters and sometimes its impossible to pacify them but I think they understand the problem. Mayor Ferre: Were they informed this matter was going to be voted on by this Commission today? Mr. Grimm: Yes Sir. May or Ferre : In Writing? Mr. Grimm: Yes Sir. Mayor Ferre: You took the names of the people that were here as I remember on that Commission day. Mr. Grimm: Yes I talked with each of those plus 37 additional ones. Mayor Ferre: We have one objector here, are there any other objectors on this? 2, 3. Mrs. Hycee: My address is 1994 N. W. 24 Ct. My lot is on the south side of 20th Street. 45' of it. I wanted to know just who is going to benefit from this new sewer thats being put in. Mr. Grimm: All of the properties in the district are going to benefit from the sewer. Mrs. Hycee: Who is going to pay for it? Mr. Grimm: The property owners. Mrs. Sycee: The one property owner, me. Mr. Grimm: you will pay for your proportionate share. All of the rest of the people in the district also pay for their proportio share. Mrs. Hycee: My neighbors didn't get this. Only the ones on 20th Street. The neighbors on 24th Ct. We have at least 9 taxpayers from N. W. N. River Drive to 20th Street that didn't get these notices. Mr. Grimm: Everyone that is in the district got a notice. There is 271 different property owners. The people you may be talking about may be outside the boundary of the district. Mrs. Hycee: No Sir, I have neighbors accross the street that didn't get this and we are just under the assumption we are going to pay for it and they are going to get a free ride. Mr. Grimm: No one is going to get a free ride when new sewers are constr Everybody in the district was notified according to the records we have o the property owners. Mayor Ferre: In other words, we want to make sure that everyone who is to be assessed and has to pay for this was notified so that they have complete knowledge we are going to vote on this today so they can come here and discuss it and object. Asten a conienence with the D.inec.ton o f Aubtic Wanks, it wa4 detenm.ined ,that Mu. Hycee wad NOT in .the pnopo4ed datiLiet unden dL4 cu.44ion. 015 JUN141 • • Mayor Ferre: Any other objectors? Mr. Martinez: I am Joseph Martinet, 1863 N. W. 20 Street. I still object to the sanitary sewer system as Mr. Grimm has explained it and I am still not in agreement with the way its handled. Due to the fact that I feel we have a sanitary sewer system there now and Dade County is coming khrough and make a road and tear up the sanitary sewer system thats in there now an.d they are going to replace it again and charge us for it. I feel that's really unfair. Mayor Ferre: I think Mr. Martinez and these objectors have a valid point and this is a little different. I would like to ask the Law Department an opinion here because the situation is different from what we regularly get and that is that there is an existing sewer connection there and it serves their immediate purpose?. Now the problem is that we need a larger sewer connector to serve the rcst of the neighborhood but since they are already served by a sewer line, legally, are they bound to pay for the improvement as such? Mr.Harris Turner, Asst. City Atty: Mr. Mayor, I can't give you an answer on that, we will have to research that problem also. Mr. Plummf: Mr. Mayor, I move we defer Item 6 until all these answers can be given to the Commission and then we can get more of an intelligent answer and I will move it be deferred until such time the answers raised here can be answered, whatever the earliest date is. Mayor Ferre: And at a time when everybody else is notified. Mr. Plummer: If they can have the answer by the 28th, I will move it for the 28th. Mr. Grimm: Mr. Mayor, I don't want to take the position of the Clty Attorney but we have on record in our files opinions from more than one City Attorney that said YES, we can assess where people have had sewers previously and where they have been assessed. I want to remind you that this sewer is 47 years old. Mr. Martinez's point is that because its adequate for his needs, he doesn't feel he should be assessed for his replacement and I can -understa and sympathize with him. The fact remains that it has outlived its usefulness. Mayor Ferre: My question is very specific and its a legal question. Are these people in this neighborhood legally bound, liable for this assessment if in fact they already have a sewer connector whether its 5 years or 47 years old, and whether or not the City has the right to assess them specifically for a change, improvement or what have you, and that is the specific question and if you have answer to that and can satisfy the City Attorney, we can move on this matter now, otherwise its deferred to June 28th. You have a legal position on that? Mr. Grimm: Yes Sir, I have and if you wish I will read it into the record. Mayor Ferre: Just give it to the City Attorney and let him look at it. Mr. Plummer: Mr. Mayor, I would like the record to reflect that Mr. Rothstein called me yesterday and for the first time in S1 years, that he has been City Attorney that he has not made a Commission Meeting. He is home in bed, ill, yesterday running a temperature of 104 and that is the reason that he is not here today and I think it should be so stipulated for the record. Mr. Turner: Mr. Mayor, based on past legal opinions, I would say YES you can where you can show that the present sewer is inadequate, you can Yes. Mayor Ferre: Thats the law and I think that's been clarified then to everyones satisfaction so we are back to the beginning, any further questions from the Commission? Mr. Martinez: According to what he says, I understand the law now. As a matter of fact I didn't think we wouldn't be liable, I would imagin we would be but the question really is not legal necessarily, is it fair 016 JUN 14 • I am just wondering. Did they have aplan to repl :e our sewers before this road was going to come into effect? We feel and I understand, I can't speak for the people I have talked to and by the way I have talked to 13 people and out of 13, 13 are against it. It sounds like good stastics to me. The point is, if they had had a plan for instance to replace those sewers because they are inadequate or because they are bad and now they are putting in the roads, fine. We have to be assessed for this. I don't, I have a funny feeling that if the road wasn't being put in there; we would go another 25, 40 or 60 years before that would be replaced. Mayor Ferre: Do you have an answer for that? Mr. Grimm: Yes I. have an answer for that Mr. Mayor. Yes we do have a plan to replace these sewers and it was scheduled for 1 year later than it is. Now the reason we moved it up was as you saw in the Decade for Progress, this is the top priority item approved by the County on Tuesday and we were forced to move it up because of the road schedule but other wise Mr. Martinez wuld have been here probably a year from now anyway. Mayor Ferre: Mr. Martinez let me express my opinion. I am sure that people never want to pay taxes and never want to pay for improvements. Thats human nature. I think your objections are valid objections. Everybody wants to go to heaven but nobody wants to die. That's what the problem is. We all want improvements but we don't necessary want to pay for them directly. I think you have valid objections and I think your neighbors have valid objections. Unfortunately the City of Miami and Dade County has a whole series of improvements that are very much needed and this happens to be one of them. I think the question has been answered that it would have happened anyway next year and its part of an overall problem and its going to affect you and many many other people as we progress and its one of these things that a municipality and citizens are just stuck with but I don't see any other way around it personally. Mr. Martinez: I would like to make my pcint clear. I do expect to pay for the improvement we will get.. I understand this and am willing but like many other people, its coming to the point we are being taxed and taxed and then on top of that we are being put on these special assess- ments and every time we turn around there is something else we are taxed for and prices are going up everywhere. I own rental property and every one wants to know why prices go up skyhigh and we continually have to pay for this. On top of this assessment, we are going to have to pay 144% on our water bill. Now is this 144% on top of the 100% we are alread paying now? Mr. Grimm: No sir, its the same, 154%. Mr. Mayor, I would like to say the COmmission has the authority at the time that the assessment roll is confirmed, not until then, to modify the assessments based on benefits and because of the fact that these people do have sewers already in this area, if the Commission instructed,. I would try and determine some adjustment to that. Mayor Ferre: I think that sounds very reasonable and fair to me and I would hope this Commission would so move. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-411 A RESOLUTION REQUESTING THE ADMINISTRATION TO TAKE INTO CONSIDERATION THE MATTER OF EXISTING SEWERS IN TRACY SANITARY SEWER IMPROVEMENT DISTRICT SR-5275-C AND SR-5275-S IN DETERMINING SPECIFIC ASSESSMENTS AGAINST PROPERTY OWNERS LIVING IN THIS DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) 017 JUN 1419 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 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-412 A RESOLUTION RECONFIRMING ORDERING RESOLUTION NO. 73-238 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF TRACY SANITARY SEWER IMPROVEMENT SR-5275-C (centerline sewer) IN TRACY SANITARY SEWER IMPROVEMENT DISTRICT SR-5275-C (centerline sewer) (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 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-413 A RESOLUTION RECONFIRMING ORDERING RESOLUTION NO. 73-239 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF TRACY SANITARY SEWER IMPROVEMENT SR-5275-S (sideline sewer) IN TRACY SANITARY SEWER IMPROVEMENT DISTRICT SR-5275-S (sideline sewer) (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, Mayor Ferre, Reverend Gibson. NOES: None 018 Mr. Plummer: In this same vein, Mr. Grimm I brought to your attention Sir, about 8=9 months ago, a problem which I think is bad and I asked you at that time to look into and report back to this Commission and as of this date, I have not heard anything from you or the administration. Its all well and good for the CIty of Miami to fund the programs and assess the people for sewers. It was brought to my attention of one area in the model cities program that the, some 9 million dollars has been spent in putting in sewers and I think 1400 people were affected by this sewer program. There were no provisions, nor will it ever be a reality of these people of hooking up to the sewers because based on todays conditions, when I just recently myself at my home hooked up my sewer, it cost me $1400 out of my own pocket plus the assessment to the sewer which you then, I think my assessment was $460. You are talking in the neighborhood of $1800. Just to run a sewer line down the middle of the street and you taxing the people separate, double water bill. It was my proposal some 8=9 months ago that the administration look into a method of financing or some method to make these people, hopefully heap these people, to make better living conditions by making it available to hook up to the sewer system. You can run a sewer down the middle of the street but if nobody hooks up to it, what good is it. Based on present prices of todays hookup prices, I don't think it will ever ba a reality that the people in model cities or some other programs are ever going to be able to hook up. At that time, I also brought to your attention that for example the assessment. You have a 10 year amortization period to pay it off or pay it in cash or whatever you want. I asked at that time that some similar system might be made available that these people could hook up through city forces or some contract and be taxed against their property and also amortize over 10 years and I think that would encourage the people to hook up to sewers. Has anything been done in that vein to make it more encouraging:to these people to hook up to the sewer which we are providing, has anything been done in that light? Mr. Grimm: I can't recite the statistics to you of model cities Mr. Plummer but in the Coconut Grove area where we recently completed sewers, there was about 2000 properties affected and 700 of those properties have already taken advantage of the sewer system being available. I understand and sympathize what you are talking about in the financial end and in March and July of last year, we sent you a report. The Manager sent you a two page report on the avenues available to people for hooking up their sewers. There is some serious legal questions involved in parts of that and I can't answer what legal ramifications - Mayor Ferre: That wasn't the question. The question was very specific as I understand it. What Commissioner Plummer said is that 8 months ago he requested for you or the administration to study this and come back with a specific recommendation, is that right? Has that been done? Mr. Grimm: We came back with 4 and I can read them to you. 1. If the property is located in an economic development or code enforcement area, neither of which has yet been designated in the City of Miami, the property owner may apply for a low interest federal loan for home improvements which can include the sewer connection. A loan of this type however will be not be made for a sewer connection only. 2. A neighbor development program of which there are several in the city limits, a property owner may avail themselves of an outright government grant if his income is less than $3,000 annually or if it is greater than $3,000, he may apply for a low interest government loan to pay for the cost of the sewer connection. 3. There are also provisions for property owners on welfare who are not receiving maximum benefits to obtain some assistance under the welfare program to help finance a sewer connection, 4. All property owners with the proper credit rating whether in Model Cities, Code Enforcement, EPA or NDPA may apply for Title I Home Improvement loans. These are F.N.A. guaranteed and may also be used to fund the cost of sewer connections. The period for financing these loans is limited to 3 years. 019 JUN 14197 • • Mr. Plummer: Are the people who are affected by ew sewer lines, are they made aware that these avenues are available to them? Mr. Grimm: Not by me. Mr. Reese: The City of Miami doesn't make that available or that information - Mr. Plummer: I understand Mr. Reese but what I am saying is, are these people, it seems to me these people should be made aware that these programs are available and it would maybe encourage these people to hook up to the sewer system. I am glad to hear there are 4 avenues available. Rev. Gibson: I live in an affected area and can say this. If it is in an N.D.P. area, the N.D.P. committee has made this information available. I am glad for this now joint committee and I am even happier that Mr. Knight is present so that he could go back and say to Metro Commission, what has been said here this morning because H.U.D. needs to get on the ball. That is a responsibility of H.U.D. of even seeing to it that the money is made available to certain people and there is a H.U.D. staff member here today and help answer Mr. Plummers question. Unidentified Man: Father as you know, I am with the housing end of it and I know very well about the N.D.P. committee. Rev. Gibson: I am on the committee that helped to do what was done. I am going to make a motion. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-414 A RESOLUTION URGING THE BOARD OF COMMISSIONERS OF METRO- POLITAN DADE COUNTY AND THE APPROPRIATE OFFICIALS OF HOUSING AND URBAN DEVELOPMENT TO TAKE IMMEDIATE STEPS TO DO ALL HUMANLY POSSIBLE TO EFFECT CONNECTION TO NEWLY CONSTRUCTED SANITARY SEWERS IN THE CITY OF ALL PERSONS WHO HAVE NOT CONNECTED TO SAID SEWERS DUE TO ECONOMIC REASONS AND TO ADVISE SAID PERSONS, THE VARIOUS AVENUES OF FINANCING AND POSSIBLE OUTRIGHT GRANTS TO EFFECT SUCH CONNECTIONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None M r. Knight: Mr. Mayor, just as a point of information. No. 1, in the affected where we are putting sewers, Model Cities, Coconut Grove Perrine-Goulds areas, we have had for some time now, staff assigned to a water and sewer program with the responsibility of notifying and inter- viewing individuals and finding out what programs they are eligible for and facilit ating their getting through the process and the Commission has also considered as Mr. Plummer has indicated some sort of longer term loan over a 10 year period rather than a limitation of 3. Several of the resources as mentioned by the gentleman to my right are no longer available because of the freeze on federal funds and there is some serious question as to whether or not these funds will be available in the future because of the direction of special revenue sharing in the area of community development. We do have a program and will convey the sense of your resolution and perhaps be able to submit a report about the hookups. 020 JUN 141973 Mr. Plummer: One final concluding remark. Fathc. Gibson, I hope your motion was for all areas of the City of Miami, not just specific areas but all the people of the city. Rev. Gibson: Yes Sir. 10, VARIANCE - LOT 25, LENNOX PARK (5-89) The Mayor announced the Commission was now ready to take up for consideration a request for variance by Walter F. Goodman described above. Mr. Plummer: Mr. Mayor if I recall, this, was deferred so Commissioner Gordon could go out and inspect the property. We've already heard it. Mrs. Gordon: Has anyone else gone out? Mr. Plumner: Yes I went out. Mrs. Gordon: Would you like to offer an opinion? Mr. Plummer: As far as I am concerned I can see no big problem existing here. Your main concern was that of the bedroom of the neighbor behind andthe camoflaging is there and I personally don't see any big problem. Mayor Ferre: Are there any objectors present? Mr. Plummer: Remember Mrs. Gordon and members of the COmmission, this is merely an extension of something that already exists. It is not something totally new. He is already at that point further down the building. If there are no problems Mr. Mayor, I will offer the motion we approve. Mayor Ferre: Before you do that let me place in the record a letter objecting from Mr. Earle E. Moyer. (Mayor Ferre then read the letter which is made a part of this minute file) Mr. Plummer: Mr. Mayor I reiterate my motion. It is an extension of an existing building and I will move to approve. Mayor Ferre: Is there a second t� the motion? Rev. Gibson: Yes, I second. -Mrs. Gordon: I am a bit concerned that there has been some piecemeal additioning to this property from time to time and this is a unique area of a great deal of privacy. I know your plans does not include a window on the south side. Mr. Plummer: Mr. Simpson will you show Mrs. Gordon the plot plan and I think this might answer some of the questions you have Mrs. Gordon. Show her Dave what is existing and what he plans doing with the open area. Mr. Goodman: May I say this has been under the control of one architect all the time. I have some pictures. Mayor Ferre: Any further questions or discussion? Call the roll. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO.73-415 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871 ARTICLE V, SECTION 3 (3), TO PERMIT CONSTRUCTION OF ADD- ITION TO SINGLE FAMILY RESIDENCE ON LOT 25, LENNOX PARK (5-89), LOCATED AT 4250 LENNOX DRIVE WITH A 7' REAR SET- BACK (20' REQUIRED) SITE ZONED R-1B (ONE -FAMILY) DISTRICT 021 JUN1419 • • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: Mrs. Gordon 11, VARIANCE - LOTS 1. 2, 3. BLOCK 2 FEDERAL WAY AMD (25-6) Mr. Peter C. Jones, 810 Biscayne Building representing Harry S. RothscHild appeared in connection with this application. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-416 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 25 (1), TO PERMIT CONSTRUCTION OF GAS- OLINE STATION ON LOTS 1, 2 AND 3, BLOCK 2 FEDERAL WAY AMD (2S-6), LOCATED AT APPROXIMATELY 480 N. E. 79th STREET, BEING 13,740 SQUARE FEET IN AREA (15,000 SQ.FT. REQUIRED) WITH THREE STREET FRONTAGES, EACH OF WHICH DOES NOT EXCEED THE 150' REQUIRED, SUBJECT TO A REVISED SITE PLAN FOR REVIEW BY THE PLANNING DEPARTMENT AND NO ACCESSORY USES SUCH AS TRUCK OR TRAILER RENTALS, CAR WASHES, ETC., ON THE PROPERTY; SITE ZONED C-4 (GENERAL COMMERCIAL) 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 022 JUN 14197 lio 12 , CONDITIONAL USE - _LOTS 11 8 _12, BLOCK 125N ' IAM1 B-41 Mr. Irving B. Levenson, Attorney representing the applicant Robert Revitz appeared. Mr. Levenson: The plan is to have a parking lot on the corner of S. E. 2nd Street and S. Miami Avenue and you may visualize it as being directly accross from the entranceway to the expressway and that express- way entrance will take traffic north and south. A parking lot in that area is particularly desirable because it will keep the cars that park there out of the congested area of downtown. It was approved by the Staff and Planning and Zoning Board with certain conditions that the traffic department of Metropolitan Dade County approved the traffic pattern which they have done. Also that the details of the landscaping planned for the area would be submitted and approved by the staff and that also has been done. Mr. Plummer: Who is this valet parking for sir? Mr. Levenson: For the public. It will be a public parking facility for that area. It has also been approved by the downtown parking auth- ority having been submitted to them. It will have 40 spaces. Mr. Charles: My name is W. W. Charles, 15180 Biscayne Blvd., North Miami Beach. I am here on behalf of W. R. Watts owner of the adjacent property objecting. I objected before the Planning Board although it recites no objectors. My client owns lots 9 and 10 on the First Street side. Miami Avenue traffic pattern has one line of traffic going north. When it gets the point of interesection of S. W. First Street, there is a 20 sec light mandatory right turn, traffic is jammed up. On the south - bound traffic on Miami. Avenue are two lines coming south which are usually jammed also. In order to get accross that, you have to make a left hand turn that's illegal. There is no right turn permitted going west on 2nd Street on Miami Avenue. The expressway going to the east down below the railroad track below the goodwill eliminates all that traffic at Miami Avenue section and 90% turns north so that causes a constant jam from 8:30 to 5:30 on that traffic corner. The exits on this parking lot is proposed to be on the north end, so therefore to exit, you are going to have to get accross the northbound Miami Avenue traffic and into the southbound traffic and then fight your way from the inner lane over to the outer lane, westerly lane to get onto the ramp to take you up to I-95. There is no traffic engineer can say that that's good traffic planning to go over 3 lanes of heavily congested traffic to put that parking lot in there in this place. It's strictly a traffic problem and anybody that's got two eyes can go down there and analyze it anytime of the day that it is just compounding the traffic situation which is bad to begin with. I know the reports but they are not detailed of the Miami Traffic Authority and I talked tc the man that wrote the report for the Metro Engineering Department and they said they didn't give it much study. Mayor Ferre: Do we have a written report on traffic? Mr. Plummer: Mr. Mayor, I will read this one paragraph. "Mr. Robert Revitz has presented plans for a parking lot on the N. E. corner of Miami Avenue and S. 2nd Street. The driveway location is acceptable to the department of traffic and transportation." Signed by Eugene Simms, dated May 25. Mayor Ferre: Was that the question we asked him? Mr. Plummer: Yes. Is it acceptable to - Mayor Ferre: That's not what he said, he says the drive location. Mr. Plummer: The driveway location is acceptable to the Department of Traffic and Transportation. Mayor Ferre: Don't they have to rule on somethi-1,: beyond that? Mr. Plummer: What I can fathom if you want my opinion, they are going to make it so you can't come out of that garage onto the expressway, that you are either going to mandatory right or left turn. Mr. Charles has made a good point. You aren't going to get accross that thing in the morning or afternoon and all I see is if they do put their exit there on the northerly end of the property, Eugene Simms is going to put a sign there that says no straight accross, either right or left turn. Mayor Ferre: Any other questions? Mr. Levenson: The matter was submitted in terms of traffic pattern and the ingress and egress is not on the north end, its towards the middle, north of the middle and arranged so that people coming in from the south end of the county on S. W. 2nd Street may turn and go into that parking lot and avoid circular traffic patterns within the immediate down- town area and when they leave, they will be able to go directly accross to the entrance of the expressway and go north or south and the traffic people - Mrs. Gordon: How do you get accross? Mr. Levenson: There are lights and its regulated and in between the light is apparently when they will do it but the traffic people thought that would alleviate congestion rather than create congestion and I might suggest to you that the man who is represented here owns a parking garage. Mr. Plummer: That is not to be taken into consideration by this Commission. Mr. Levenson: I know that but I think that his motive is competition and the matter has .been submitted to the experts and they think that it is not going to cause a traffic problem and on the contrary will eliminate congestion. Mr. Plummer: Mr. Mayor, I think its not our problem, I think its one Eugene Simms has already coped with by virtue of his letter which we will hold him to and I think our answer is whether more parking is needed in the downtown area and I think that answer is a resounding yes. This has met all of the approvals and I will move to uphold the recomm- endation of the Planning Board and Planning Department. Mrs. Gordon: I'll second that. Mayor Ferre: As I understand this now. This has been approved by the Metro Traffic and Transportation Department. Its also been approved by the Downtown Off -Street Parking AUthority. Its been voted on by the Planning f, Zoning Board 9 to 0. The Planning Department recommends app- roval subject to submission of a landscape plan etc. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-417 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2 (8) (a), TO PERMIT ATTENDANT VALET PARKING ON LOTS 11 AND 12, BLOCK 125N, MIAMI (B-41), LOCATED AT N. E. CORNER SOUTH MIAMI AVENUE AND S. E. 2ND STREET, AS PER PLAN ON FILI; IN PLANNING BOARD OFFICE, WITH ONE OPENING ON SOUTH MIAMI AVENUE; SUBJECT TO APPROVAL OF DOWNTOWN OFF-STREET PARKING AUTHORITY, POINTS OF INGRESS AND EGRESS AS REC- OMMENDED BY METRO TRAFFIC AND TRANSPORTATION AND APPROVAI OF LANDSCAPING PLAN BY PLANNING DEPARTMENT; SUBJECT .Lo COMPLIANCE WITH LIGHTING REQUIREMENTS FOR PARKING !.01'- AS SET OUT IN ORDINANCE NO, 8115, SITE ZONED C-3 (Central Commercial) DISTRICT 024 (Here follows body of resolution, omitted h.re 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 13, CONDITIONAL USE - LOTS 19, 20, BLOCK 6, CORAL NOOK (8-115) Mr. Vincent Amanzio, Applicant and owner of Sorrento Restaurant appeared in connection with his application for conditional use as described above. Mr. Amanzio: I respectfully request you approve this plan already as approved by the Planning Board. I have a private dining room which requires more parking spaces. Mayor Ferre: Are the objectors present? Mr. Garcia: My name is Rudy Garcia, I represent my family. We live at 636 S. W. 31 Avenue. Lot 11, Block 8. My objection is that we bought our house in 1963 and my family bought it for a variety of reasons. One reason was it was a residential area and a quiet area and since 1963, we have had a string of changes in our residential areas. One bus passes through 7th St. The school districts have been changed and are bussed. Also they plan to make 7th Streetone- way which will increase traffic five fold which will also ruin our 7th Street residential setup. We also have a pizza palace at the corner and they have a wall like Sorento would build which is concrete masonary. That wall and the condition, full of gaping holes, children run through back yards and litter. Now they are trying to come into the neighborhood itself from the business district and build a 5' masonary wall on 7th Street and come into our neighborhood. We see very little future for our neighbcrhood as R-1. Its going to be business. We are middle class working families and I would like to officially state our objections. Mayor Ferre: Thank you Mr. Garcia. Mrs. Lee: My name is Emily Lee, Lot 15, Block 7. I objected at the Planning Board meeting and I didn't know how to say the things I would like to put before you now. This man at Sorrento's says his dinner hour starts 5 P.M. I have been in the business working as a waitress and am now a hostess. This man has no parking attendant.. They say that after 10 O'Clock there will be no parking there. We all know in a restaurant where you sell liquor, you have a license to operate certain hours which. will allow him to stay open to 1 A.M. and 2 on sat. If a person is parking in this area where they say and can only park until lo, they go in at 8. Who is to say they don't go in the cocktail lounge for drinks, and not come out till 12 or 1 o'clock. Who is going to move these cars. Also we look to the future as far as Beacom Blvd. it is a one-way street. What is to say with a one-way street, this man doesn't want to open up this lot and let the traffic through our neighborhood and we already have enough traffic through there. I have lived here since 1925, thank you Mayor Ferre:- Thank you Mrs. Lee, any other objectors? Interpreter: I am speaking for Mr. Vioretto Viena, 303A S. W. 7th Street next door to this lot. He objects and complains about the trucks already making enough noise and is scared of what is going to happen to his property in the residential area if they do build this parking lot. He says that there is sufficient parking in the existing lot to place enough cars. He believes the man might make a 2-level parking garage on his existing parking area. Mr. Harwood: My name is M. W. Harwood, 3060 S. W. 7th Street, Lot 22, I am speaking also for 21 and 22. According to this resolution you have got 8th street as a frontage landscaped area. Isn't that an error? Shouldn't that be S.W. 7th Street? 025 JUN 141973 Mr. Simpson: The conditional use provision calls for and requires a 20' landscaped area along 7th Street. The Planning Department in reviewing this plot plan indicated that the existing parking area and especially the 8th Street frontage was lacking landscaping of any kind so tied to the conditional use they asked permission for approving a landscaped area so that the present parking lot and the 8th Street frontage can be brought up to code. That's part of the resolutionbefore the Commission. Mr Harwood: A 20' setback on S. W. 7th Street. Mr. Simpson: With wall and no ingress or egress. The landscaping is between the sidewalk and the wall. Mrs. Gordon: What;s on Lot 21? Mr. Harwood: A residence. I live on 22. Mrs. Gordon: Is that other person here? Mr. Harwood: Yes, he is over here. Mayor Ferre: Let me see if I understand again. Mr. Simpson what you are saying is between the sidewalk and wall, there is 20' of landscaping, is that right, and then the wall and the proposed parking area. Mr. Harwood: This kind of upsets my talk here. I had come here with a deafeated attitude inasmuch as an off-street parking lot can be put anywhere as long as its not next door to those voting for it including the Sorrento people who do not live in the area, he lives in Coral Gables. We've lived here 30 years as most of the people have. What would you do about a lot next door to you, paved, black next to your home and in your neighborhood with the prevailing east to southeast blowing 125 degree heat over your houses. You sure would vote against it. How can a person or business get something approved over the protests of everyone within the block, sending in letters to the Planning Board. It's wrong, that's all there is to it. They are doing this because they want a future opening on S. W. 7th Street because S. W. 7th Street sometime is going to be Route 41 off the expressway from the expressway straight on through. This doesn't seem right to us. There isn't anything else on S. W. 7th Street from the expressway through excepting at 19th Avenue that's got a parking lot by food fair. That neighborhood has depreciated a lot because of having a parking lot going straight on through. Mrs. Gordon: What is on 19 and 20? Mr. Harwood: One house on 20 and vacant lot next to lot 18. These are all nice residences even though we live butting up against commercial property and just because an ordinance is passed, it doesn't mean its right. We have to to 13 people objecting. Unidentified Man: I live at 3050 S. W. 7 Street, owner of Lot 21. 0ld people live there, working, go to sleep at 10 o'clock and get up early. With the parking lot, we willhave trouble. Mrs. Lewyn: My name is Mrs. Michael Lewyn, 3043 S. W. 7th Street. We have had heavy traffic on that street. We have 2 buses running through there besides all the private traffic. Shrubbery gets knocked to pieces. They are using it as a 7th street exit right now. They ride over the walkway to the house. Mayor Ferre: Any other objectors? Any other questions? Mr. Amanzio: My dining room is used for private parties. They usually finish by 9:30. The parking lot will be used only for private parties if the other lot is full. 026 JUN 141973 After further discussion, the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-418 A RESOLUTION TO DENY CONDITIONAL USE AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (A) TO PERMIT OFF-STREET PARKING ON LOTS 19 AND 20, BLOCK 6, CORAL NOOK (8-115) LOCATED AT 3044 S. W. 7TH STREET (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, Mrs. Gordon and Mayor Ferre. NOES: Mr. Reboso In casting his NO vote, Commissioner Reboso said he was aware of the problems of parking in the S. W. 8th Street area and felt that off-street parking was of utmost necessity. Mayor Ferre commented this was a difficult decision because he understood the problem but that the integrity of the residential areas had to be maintained. 14, VARIANCE - LOTS 13 & 14, BLOCK 9, TAMIAMI GARDENS The applicant appeared and said he had a small piece of land on which he wished to build a duplex. Mr. Plummer: George, the reason your department denied it was because of the waiver? Mr. Acton: The Department is of the opinion that the site is not app- ropriate for a duplex and we are always against the waiving of any re - platting. Mr. Plummer: You are saying then that it should be an R-1? Mr. Acton: Its suitable for R-1. Its too small and I did take a ride out there and looked at the property and I am of the opinion that if a duplex was put on this very, small lot, that it wouldn't afford enough room for properly buffering it from the adjacent gas station use, Mc Donalds next door and another gas station accross the street and it isn't an appropriate site for putting a duplex plus the site is separated from the residential area by an alley. It was an illegal division of land after 1946 and as the Commission realizes, there is a provision if the land is platted prior to 1946, and its 4000 sq.ft., you can erect a duplex but this land was illegally divided after that date. Mr. PlummeR: Based on 35' George and the setback, how wide would that building be? Mr. Simpson: Two story building, 9' on either side, north and south and the building would be 17' wide. Mayor Ferre: 17'wide the building? Any other questions? Is there a motion? Is there a motion? Are there any other questions? Are there any objectors present? Well you have it before you then, is there a motion? 027 JUN 141973 Mrs. Gordon: I'll offer a motion basing on the opinion of the Planning Department, the property is too small and my opinion unsuitable for a duplex. I don't even think its a proper place to put a house adjacent to a commercial use and situated in the manner it is, however they are legally permitted to build one but they do have to plat, is that correct? Mr. Acton is that a part of your recommendation? Mr. Acton: Yes they have to plat. Mrs. Gordon: I would not move to waive the platting nor to permit a duplex to be erected. Mr. Simpson: This particular parcel of land does not meet the minimum requirements for a plat. This is why it was written up in the 2 parts. Should he go to the expense of drafting a plat, it would have to again come before this Commission subject to the 35' width rather than the re- quired 60', so this why it was presented to the Board and Commission in a dual application. Mayor Ferre: Is there a second to the motion? Mr. Plummer: Second. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-419 A RESOLUTION TO UPHOLD THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND DENY REQUEST FOR VARIANCE TO PERMIT CON- STRUCTION OF DUPLEX ON N 35' OF LOTS 13 & 14, BLOCK 9, TAMIPJ1I GARDENS (48-19) LOCATED AT 785 S. W. 73RD AVENUE (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 15, VARIANCE - LOT 15 BLOCK 12 BUENA VISTA GARDENS Mr. Fred Tharp, an employee of Biscayne Construction appeared to urge consideration by the Commission of the request as outlined above to permit cons truction of a parking garage on their property. He said it was a garage of only 5 units because of thefts on the property to vehicles of employees. Mrs. Gordon asked if the lot contiguous to the north, owned by the applicant, was intended to be sold and was informed that no sale was planned. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-420 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO.6871 ARTICLE XVII, SECTION 4 (1), TO PERMIT CONSTRUCTION OF PARKING GARAGE ON LOT 15, BLOCK 12, BUENA VISTA GARDENS (5-45) LOCATED AT 355 N. W. 54TH STREET, WITH 0' REAR SETBACK (10' REQUIRED) SITE ZONED C-5 (liberal commercial) DISTRICT SUBJECT TO UNITY OF TITLE OF OWNERSHIP OF LOT 16 Jo% 141973 028 • (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 .16, FILL SUBMERGED LAND - LOTS 14 -15. BLOCK 104S BRICKELL ADDAL Mayor Ferre announced he would abstain on this item since one of the corporations he was affiliated with owns property within the 300' limitation and turned the chair over to Vice Mayor Gibson. Mr. Jim Peary represented the applicant appeared. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-421 A RESOLUTION GRANTING PERMISSION TO FILL SUBMERGED LAND CONTIGUOUS TO LOTS 14 & 15, BLOCK 104S, BRICKELL ADD AMD (B-113), LOCATED AT APPROXIMATELY 1005 SOUTH BAYSHORE DRIVE, SUBJECT TO SUBMISSION OF A DEVELOPMENT PLAN FOR REVIEW BY THE PLANNING DEPARTMENT, SITE ZONED R-CB (Residence -Office) DISTRICT (Here follows bod; of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution wa's passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSTAINING: Mayor Ferre. Following the adoption of the resolution, the Mayor resumed the chair. 17,= CHANGE ZONING CLASSIFICATION- E 150' LOT 19 VIRGINIA PARK SUB An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE 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 (Two - Family) TO C-2 (Community General) 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 May 24, 1973 was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messr. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8166 on 41/ 18, CHANGE ZONING CLASSIFICATION. - LOTS 13 THRU ,.O. BLOCK 9N & 72N LOT 18, MIAMI-B-41 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 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 APPROXIMATELY 550 N. W. 54TH STREET, FROM C-4 (General Commercial) and C-5 (Liberal Commercial) TO R-4 (Medium Density Multiple) DISTRICT Passed on its first reading by title at the meeting of May 24, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, 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. Reboso, Plummer, Mrs. Gordon, and Mayor Ferre; ABSTAINING: Rev. Gibson Mr. Dan Rhodes representing Little H.U.D. appeared and requested the preceding ordinance be passed waiving the 30 days since construction of a H.U.D. project was ready to begin. NOTE: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8167 AND THE COMMISSION UNANIMOUSLY AGREED TO DECLARE THIS TO BE AN EMERGENCY MEASURE AND WAIVE THE 30 DAY RE&UIREMENT. Reverend Gibson abstained from voting on the preceding ordinance and amending motion because he serves on the H.U. D. BOARD. 19. CHANGE ZONING CLASSIFICATION - LOT 1 BLOCK 2. MARCELLUS DEARBORN 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 THE AREA INC- LUDING THE N 250' OF THE S 450' OF LOT 1, AND THE N 195' 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 Density Multiple) TO R-3A (Low Density Apartment) 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 May 24, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mr. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES" Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Sid-8-9RD.KANCE WAS DESIGNATED ORDINANCE NO. 8168. 030 JUN 14 19 • • 201 AUTHORIZE PAYMENT OF DUES- WORLD BOXING ASSOF:ATION Mayor Ferre: MR.Demos is not here. Mr. Plummer: Mr. Mayor, his request is in writing. I think this Commission can handle it. He requests two things. A request for allocation of funds to send delegates to the World Boxing Association convention which I think this Commission has done every year. Mr. Reese would you like to speak to that. The second item is $150.00 to cover the membership which is I think an annual thing. Mr. Reese: This is a meeting in Caracas. Mr. Plummer: Haven't we always sent the chairman to the meeting ? Mr. Reese: The Commission has always done this. Mr. Plummer: Has a price been stipulated, or is it necessary? Mr. Reese: There has been no price stipulated as far as travel costs are concerned but $150,00 is not going to get anybody to Caracas. Mr. Plummer: No the 150 is to the membership Mr. Reese. Mr. Mayor, I will move that we honor the request of the chairman of the Miami Boxing and Wrestling - Mayor Ferre: Is there a second? Rev. Gibson: Second. Mayor Ferre: Second by Father Gibson, any further discussion on this item 17? If not call the question please. Mr. Southern, City Clerk: This will be providing so much money for them to attend the convention. Mr. Plummer: For him. Mr. Southern: For him and also to pay - Mayor Ferre: $150 for the membership. Mr. Reese: There is no specified amount for travel or anything else. That has to be determined how he is going to get there. Sometimes they travel on their own etc. This is the first time to my knowledge its been out of the country. Mr. Plummer: Well isn't it normal that he would travel in the most economical way Sir? Mr. Reese: You go ahead and do it as you want to. Mr. Plummer: No Sir, I am asking. Mr. Reese: You are asking me the question? Mr. Plummer: Yes Sir. Mr. Reese: Then we should know how he contemplates getting there and there should be an adequate justification of spending the money, not just to go to a meeting. Mayor Ferre: I think you have to be careful there and also J.L.- he has the word delegates - plural. Mr. Plummer: I said delegate, him, one. Would you prefer Mr. Reese that he supply us with a cost factor before we approve this. Mr. Reese: Yes. 031 JUN 141973 Mayor Ferre: I would say that he - Mr; Plummer: I'll move the first portion of it and defer the second portion. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-422 A RESOLUTION PROVIDING AN AMOUNT OF $150.00 TO COVER MEMBERSHIP DUES AND SUBSCRIPTION FOR MR. JAMES P.DEMOS CHAIRMAN OF THE MIAMI BOXING AND WRESTLING BOARD FOR HIS MEMBERSHIP IN THE WORLD BOXING ASSOCIATION AND DEFERRING CONSIDERATION OF HIS REQUEST FOR FUNDS TO PERMIT HIM TO ATTEND CONVENTION OF THE WORLD BOXING ASSOCIATION IN AUGUST OF 1973 PENDING SUBMISSION OF A MEMORANDUM TO THE CITY MANAGER EXPLAINING THE NEED AND OR PURPOSE OF THE PROPOSED TRIP AND DEFINITE ANTICIPATED COST FACTORS (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 21, PERSONAL APPEARANCE - HENRY L, GIVENS RE MIAMI FEDERAL EXECUTIVE BOARD MINORITY BUSINESS OPPORTUNITY COMMITTEE APPOINTMENT OF VICE MAYOR GIBSON AS CITY REPRESENTATIVE Mr. Givens: My name is Henry Givens, home address is 1129 N. W. 60 St., Miami and I am Chairman of the Minority Business Opportunity Committee of the Federal Executive Board. I am the Minority Enterprise Chairman of the Small Business Administration. Briefly I would like to let you gentleman and lady know exactly what we are doing on the federal executive board. The minority business opportunity committee on the federal executive board has been responsible for creating here in Metropolitan Dade COunty approximately S.2 million dollars in construction contracts to minority firms. We have also been responsible for in excess of 3 million dollars in other contracts that have been awarded to minority firms. On August last year, our committee made a request in writing to the City Manager of the Clty of Miami requesting that someone from the City government be placed on the committee to serve as a member of the minority business opportunity committee. To this date we have not had a response from the City Manager's office. I am here today asking that you, the City COmmission do appoint someone to serve on this committee because this is a very important committee. The City of Miami is largely populated by minorities and it is important that this city structure be represented on this committee so that we can attempt to have the city cooperate in trying to assist the disadvantaged businessman by givingthem various contracts and other services that these businesspeople do need and I would like to say by the mere fact that the County Manager's Office saw fit to put Mr. Dewey Knight on the committee we are now, we have negotiated with the Dade County Port Authority and we do have certain concessions in the new concourse 7 when its completed where we will have minority concessions for the first time in the history of the Dade COunty Port Authority. 032 JUN 14197 This is very important to us that we have someone 'rom your city government serving on this committee. Mayor Ferre: Are there any comments or discussion on this item? Mrs. Gordon: Its a valid request. Mayor Ferre: Than at this time I will appoint Vice Mayor Gibson to serve on that committee to do that if he will accept. Rev. Gibson: I will be glad to. 22, IBM AT SOUTH FLORIDA MILITARY ACADEMY, 2121 S. W. 27TJ AVENUE Mrs. Steinberg: Your Honor since I am not very good at public speaking, I would like to turn this over to Mr. Jules Fasce who is going to rep- resent us. Mr. Fasce: Jules Fasce, 2528 S. W. 21 Street. Your Honor Mayor Ferre and members of the Commission. I am serving as spokesman for this group of freeholders as well as myself for the purpose of seeking relief from a deplorable and most aggravating zoning condition. Permit me to implore you for your patience, tolerance and assittance to present these facts and findings before this assembly. Inasmuch as none of us present can boast of any legal training or par- liamentry procedure, occasionally and during my presentation of these grievances, I expect several of these freeholders to amplify my statement or interject facts of their own that are best known to them through the experiences they suffered through these and. because of these grievances. Mr. Plummer: This matter has been before my desk and I think really to put this thing in the proper perspective, that we should hear from the Planning Department or the Building Department, Mr. Ferencik. His dep- artment has been involved in this. He has issued certain dictates. Threatened certain warrants and let him bring us up to date from his department because this is not a new item to his department. Mayor Ferre: Before you do that. Is there anybody here from the South Florida Military Academy? Were they notified? Mr. Reese: This comes in as a personal appearance request. Mr. Plummer: They have had notifications but not of this meeting. Mr. Reese: They got no notification. Somebody requested to come in to discuss this. Mr. Plummer: I think basically and I don't want to jump Mr. Ferencik's statement but I believe he has issued certain violations and these people are not complying with it and these people here today want to know why Mayor Ferre: I am only questioning whether the people involved in the South Florida Military Academy were notified and I think just our of courtesy they should have been notified so they could be here to answer. Mr. Reese: Mr. Mayor there was a letter from your office. "I have forwarded your request to the City Manager to that he key schedule that for that date. Mr. Reese's office will inform you of the time and place" Its a request in the matter brought up at the City Commission Meeting and signed by an individual. Under the ordinances and everything else, if we are going to put something on the agenda for a hearing, it has to be supplied the city administration. so they can in turn get all parties and all facts prepared to bring into the City Commission. When we get a request for a personal appearance, that is not followed. Mayor Ferre: What you are saying is that this is a request for a person appearance and not a public hearing and if we want a public hearing, then that's another matter. All right. JUN 141973 032 i Mr. Plummer: I think the important factor is tha'_ these people who will make their grievances known, there is nothing that this Commission can do today without a public hearing, lets to say if it is to be at the next meeting but they want the Commission to know what's going on. Mr. Ferencik, Dir.Bldg.Dept.: The Florida Military Academy is located on S. W. 27th Avenue just north of Coral Way between 21st Terrace and 21st Street. The building that houses the main part of the academy is a commercial structure. There is an alley immediately to the rear of it and some paved parking lot area to the rear of that. First of all, a school is a permitted use.in as limited a zone as R-1. There is no problem with the zoning on this property as far as the oper- atin of the school is concerned. Schools are frequently built in R-1 zones. We got a petition from a group'of citizens in this neighborhood September. There were certain complaints with reference to the operation of the school which involved the blocking of a public alley and certain other problems that related to the traffic of on -street parking. The school structure and the.school itself is approved by the, all of the proper agencies, the fire department, health department and everybody else. We went out and investigated the complaints that were contained in the petition and this was fact. These people have erected a fence accross a public alley with gates they could close accross the alley. These people were ordered to remove this obstruction. I don't think they ever really took the gates out but they stopped closing the gates. The gates are open and the alley is no longer obstructed. They use this area back there as a parade gound, to park their school buses and various other elements of the operation of school take place out in that parking lot. The one issue that citizens complained about in the petition which we frankly missed, its in the petition but we really didn't follow this up, was the fact that there was certain night classes being held in this school. There is no argument. It was in the petition. When we investigated, we didn't pick that thing up. Mr. Plummer: Is that a permitted use? Mr. Ferencik: An adult school could be used in the zone but you have to provide specific off-street parking in a case of an adult school. This was only approved as a grade school. Mr. Plummer: As its used, its in violation? Mr. Ferencik: When we finally got this straightened out, we went out there and found that the Biscayne College was in fact operating a night school on these premises, that they were conducting night classes there and their bi-lingual division or whatever they call it. We put them on notice that they must stop that activity on the property. Their semester terminated on 8th of June and we notifed them sometime about the middle of May. They agreed they would get off the premises by the 8th of June and so far as we are able to determine and we went into the building yesterday and Biscayne College is no longer operating there. The operation of the school itself,the Military Academy as long as they maintain it as a grade school, there is no violation of the zoning ord- inance. Mrs. Gordon: In setting up private school don't we make any requirements for playground areas? Mr. Ferencik: In the case of day schools, yes, where they are conditional use like a nursery school, a day school. Mrs. Gordon: What are the grade levels of this school, do you know Mr. Ferencik? Mr. Ferencik: I believe from 1st grade through Junior high. I don't believe they operate, I have never seen anybody that I believe would have been high school age. Mrs. Gordon: We ought to determine that because high schoolers do drive cars. Mr. Ferencik: The children that go to this school are brought in in buses. In the Latin community this is a customary thing. The children are picked up and brought to the school by buses. 034 so1419 Mrs. Gordon: You have raised an interesting poin' because one I came accross through my investigation of facilities for day care centers is a park that, our parks are being used a great deal by private schools for recreational programs. The children are being bused to the public park for this purpose. I am not saying this is right or wrong but there is a question in my mind as to whether private enterprise which is profit making should in fact expand their facilities onto public property in this manner without any revenue producing to the city and the rest of the taxpayers of the city. This is an interesting point and its a little aside to the question before us but yet it is pertinent because this school does not have in my inspection of the premises, any outdoor recreational area that they can utilize for their students. Mr. Ferencik: I think they do bus these students over to Shenandoah Park at various times. Mr. Plummer: If I am not mistaken, isn't your main complaint about the night operation. (Several people shouting) Mrs. Gordon: Will you all speak one at a time, we would like to get your points on record. Come to the microphone please if you are going to make a statement. Mrs. Steinberg: Our original complaint was because of the adult night classes operating and as Mr. Ferencik said, these people were notified last September that they were operating at night and nothing was done about it. Mr.Plummer: He also said that they were discontined as of June 8th. Do you agree with that? Mrs. Steinberg: I don't know, I don't think so. Mr. Plummer: What is your next complaint? Mrs. Steinberg: Let the gentleman finish what he is saying. Mr. Plummer: I'm trying to simplify this. Mrs. Steinberg: Yes I understand that. We believe that this zoning for this school was not there before this school was constructed. Mrs. Gordon: It was. Mrs. Steinberg; We think that the zoning was changed to accomodate this school. Mr. Plummer: All right fine, Mr. Ferencik will you speak to that point please? Mr. Ferencik: Well the most restrictive zoning in Miami is R-1 and in this property, there is a portion of it that is R-1, the parking lot. The balance of the property is zoned commercial. Mr. Plummer: Well is there any violation of zoning? Mr. Ferencik: There is no violation of the zoning insofar as the use of the property is concerned. Mr. Plummer: Was the zoning changed? Mr. Ferencik: No, there has been no change in zoning. Mr. Plummer: Does that answer the question now? 035 JUN , 41973 (Mr. Fasce distribud photocopies of documentto the COmmission) Mr. Fasce: I call your attention to the very first copy which has to do with a permit for building. Please note in th• upper left hand corner. Purpose of permit: "Office Building" Mr. Plummer: Well Sir because you build a building for one purpose doesnt mean that you can't at another time use it for some other purpose. When it was originally built, yes, that's what they intended but it doesn't mean that someday later you can't use it for another use if it is compatible with the zoning. Mr. Fasce: I was going to raise that next. What does it require to make a military school out of an office building? Mr. Plummer: Well I think the simple answer sir is that he says that it is acceptable as its zoned, I think thats the answer. Mr.Fasce: The only provisions that necessitate a military school? Mr. PlummerNo Sir, he said. To simpLitiy the answer, he says what is there today is acceptable. It is legitimate under the present zoning. If you want to ask another question. Are there certain other items of stipulation for a military school, then I'll ask him to address that point and I think he has addressed that point. Mr. Fasce: Several years before this building was put up on these premises we were before another Commission - Mr. Plummer: Wasn't this building originally some Westinghouse? Mr. Fasce: No its General Electric on the other corner. On the site under discussion, it was the very first structure ever put on it. Mr. Plummer: Do you have a 3rd point of grievance? Mr. Fasce: We don't know whether the school there has been erected legally or illegally inasmuch we came before a Commission prior to this building on a petition for variance by Midas Muffler Co. The Commission at the time saw the justification of our objection to this thing and they did not give the man the right to establish these things for the very rea.;on that we are objecting to the school right now. Its a terrible annoyance to the neighbors to have 3 times a day, an invasion. They do their cadences and have their drill team out in the back and there is only several feet between the back of that school and all of us residents there. Mr. Plummer: You are saying they are using the alley? Mr. Fasce: Yes Sir. Mr. Plummer: I believe without question that is a violation of the use of the alley, is that correct Mr. Ferencik? Mr. Ferencik: Well I don't know if the use of an alley to march children up and down is a violation of any law. I really don't know. There is no violation of the zoning ordinance to march people. Mrs. Gordon: Mr. Plummer, Mr. Simpson is investigating -to determine if and when in fact there has ever been a conditional use granted for parking on the R-1 property. If they are using it for parking, there would have had to be a conditional use granted so we should have an answer in a couple of minutes. Mr. Plummer: Mr. Mayor, I think sufficient cause has been shown here today to warrant a public hearing to look into this matter. Only at a public hearing can this Commission take any action to justify any complaint. At this time Mr. Mayor, I will make a motion - Mrs. Gordon: Mr. Plummer, before you call for the public hearing, will you wait until furnishes us with - Mr. Plummer: No Maam because that can be included in the public hearing. Mrs. Gordon: So that these people will at least know that the public 036 JUN 141973 • • hearing will be of some avail. Mr. Plummer: If you will let me finish Mrs. Gordon, I will incorporate My motion is that sufficient cause has been shown that there are problems occuring here at this location, that a public hearing be scheduled at only which time this Commission can act, and that the neighbors #1, it behooves you to make your list of grievances as clear and concise as possible and the Executive Secretary of the Planning Board and Mr. Ferencik furnish to this Commission, all matters pertaining to this both legal and illegal that is occuring at this location and that it be scheduled as soon as possible and I will say June 28th. Mayor Ferre: Commissioner Plummer, I think we would like to have whatever the administration comes up with specifically in writing beforehand. I think we ought to have it ,in our hands before the 28th so that we can study it and know the specific areas we are going to be talking about. Mr. Plummer: Mr. Mayor, if you will recall, I asked the neighbors to make as clear and concise, their detailed reasons, grievances. Also I am asking Mr. Simpson and Mr. Ferencik to bring us up to date from their standpoint as to what is existing, how its existing and why its existing. At a public hearing, we can then take some kind of action needed to correct the situation. Mayor Ferre: A memorandum from the administration before the public hearing with regard specifically to each individual complaint as to whether or not this matter is or is not in violation of an existing law or ordinance. Mr. Fasce: I would like to incorporate the statements made so far into the minutes of this meeting. Mayor Ferre: We have no objection to that. Is there a second to the motion? Mrs. Gordon: Second. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-423 A RESOLUTION ESTABLISHING THE DATE OF JUNE 28, 1973, AS THE DATE OF A PUBLIC HEARING TO CONSIDER NEIGHBORHOOD COMPLAINTS OF ACTIVITIES AT SOUTH FLORIDA MILITARY ACADEMY LOCATED AT 2121 S. W. 27TH AVENUE; FURTHER REQUESTING THE BUILDING DEPARTMENT DIRECTOR AND THE PLANNING BOARD EXECUTIVE SECRETARY TO FURNISH THE COMMISSION 1 WEEK PRIOR TO SUCH PUBLIC HEARING ALL INFORMATION RELATIVE TO PERMITTED USES OF THE SUBJECT PROPERTY AND PROHIBITED USES TO BE CONSIDERED BY THE COMMISSION ON JUNE 28 (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 Mrs, Gordon: Mr. Acton, I would recommend that your department study the requirements for private schools regardless of the zoning classif- ication as to whether or not they should have specific requirements in the ordinance to make allowances for playground areas for children, more particularly in the elementary grade levels. There has been,schools opening up in stores, opening up in all sorts of insufficient areas, I think for that purpose and I think in all due respects to those who wish to have private schools, I think that we should require the kind of req- uirements that we would for a public school. 037 JUN 141973 Mr. Plummer: Isn't there existing conditions tod.' anc stipulations, why it's under Dade County Welfare, I don't know, but ds I recall before you can open a Day School or a Nursery, the amount of square footage or play ground areas determines the number of children you can have and its already existing. Mr. Acton: Day Nurseries only. Mrs. Gordon: I am tacking about elementary schools. Also Junior Highs of a nature that this one is because some of the prob- lems that these people are suffering from stem from our lack of require- ments. Mr. Reese: Yes, I think you will find that there is no requirements or anything we have in ordinances pertaining to the public school facilities. I think what Mrs. Gordon is referring to is the Planning Department should study what basic requirements we should have in our zoning regulations for schools. Mrs. Gordon: Thank you for the clarification. 23. VACANCY ON INTERAMA AUTHORITY - SUBMIT NAMES OF CANDIDATES The following resolution was introduced by Mr. Plummer who moves its adoption: RESOLUTION NO, 73-424 A RESOLUTION TO BE SUBMITTED TO THE GOVERNOR OF THE STATE OF FLORIDA SUBMITTING THE NAMES OF COMMISSIONER ROSE GORDON, COMMISSIONER MANOLO REBOSO AND MRS. ATHALIE RANGE, AS POSSIBLE CANDIDATES TO FILL A VACANCY ON THE INTERAMA AUTHORITY ONE OF WHICH NAMES TO BE SELECTED BY THE GOVERNOR (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: Mr. Plummer, Reverend Gibson and Mayor Ferre. ABSTAINING: Mrs. Gordon and Mr. Reboso. • 24, PERSONAL APPEARANCE - MR. LUC LUS WILLIAMS-DowwrowN DEVELOPMENT AUTHORI' Mayor Ferre announced the chair would recognize Mr. Williams at this time for a brief presentation. Mr. Williams: As you know the Downtown Development Authority is proceedin to build a walkway along the river. A current status report is that we now hold a permit from the State of FLorida Internal Improvement Trust Fund. We have the permit from the Pollution Control Board. We have applied to the Corps of Engineers and are awaiting that permit. That will be the last permit required prior to construction of this walkway. As you further probably are aware, we have construction going and document ready for the 1st phr a of this walkway. We have the funds available for the construction of the first phase of the walkway and we do reasonabl expect to start construction in 60 to 90 days pending the approval from the Corps of Engineers. 038 JUN 1419 • Since there has been no objection to the Pollution Control Boardaand to the Internal Improvement Board, we assume there will be no severe objections from the Corps of Engineers and assume we will receive this permit. Now in this connection as we have known all along, at the western terminus of the 1st phase which is immediately in back of the new Y.W.C.A., there was and is a proposed City of Miami Park called the Ft. Dallas Park. This park was specifically included in the bond issue and $400,000 was provided in the bond issue for acquisition and development of that park. The importance of that park to the walkway is that its the only public access point on the western terminus. The only other public access point to the 1st phase will be the 15' strip of land between the S. E. 2nd Avenue Bridge and the Du Pont Plaza Building but with the acquisition and development of Ft. Dallas Park, we will have an access from the west and from the east to provide a circulation pattern. In view of the imminence of this, the authority is requesting that the City make a policy decision for the immediate acquisition of this park and development so that it may be done consistent with the construction of the walkway because without the access, this walkway will not be particularly beneficial and indeed the authority may determine to delay its construction if we cannot have the access. Mayor Ferre: Mr. Reese, would you like to comment on this please. Mr. Reese: The City Commission previously has expressed the interest on moving ahead on this Fort Dallas Park and move the priorities around. Mr. Crouch, the City Attorneys office have already contacted some of the people and the is in process of negotiating on acquiring the owner- ship of the necessary land pertaining to Dallas Park, so it is moving ahead but we can still undoubtedly expedite it more. Mr. Plummer: Mr. Reese: Mr. Plummer: Well this is policy Mr. Reese. The policy has already been established. Are you saying this is not necessary? Mr. Reese: That's right, that's what I am saying to you because the steps have already been taken. Mr. Williams: That will satisfy us. As a matter of fact, I was unaware that this park was in the 2nd phase of funding. If its alreddy1,been moved up, then that's exactly where we want to be. Mayor Ferre: Mr. Williams, while you are here and for the public record, since I serve as chairman of the Downtown Development Authority, I would like to go on record stating that I am very concerned about the proposed walkway especially in that area where there is a proposed Holiday Inn to be constructed by members of the Feinberg family. I am very much in favor of the proposed Holiday Inn and I think its great for the downtown area that we have another 4 or S00 room hotel. The thing that concerns me is that they are proposing to give us, and dedicate an area which will be part of the walkway. The thing I am concerned about is that at 2 points its only 8 feet wide. That it is in effect a tunnel because what it is on top, 20' or whatever it is over, there is an over hand right to the edge of the river so in effect it becomes a 200' tunnel 8' wide at 2 points and this matter has come up before the Downtown Development Authority and I think will probably come up before this Commission and if it doesn't in normal course, I am going to bring it up because I think that if we are going to do something. I am all for the downtown river walk. Its got to be first class and we have to have something usable in the sense of being used and enjoyed by the public rather than having the fear of walking down a tunnel with a wall 20' on one side without any openings and the river on the other side 8' wide at 2 places. I am not in any way being critical of Mr. Feinberg or the proposal except that I want to make it perfectly clear that we have to be very careful of what we accept. 039 JUN 141973 The other part of it is that I understand that Mr. Feinberg also owns beyond that 220', an additional 400' which we would have to be either condemning or - Mr. Williams: We retained the easement there. Mayor Ferre: We retained the easement, so we have that now. Mr. Williams: Right, and we shall retain it provided that we get ready to construct on it before they do and Mr. Mayor, may I bring you up to date on this? Mayor Ferre: Does that easement also include the area of the Holiday Inn? The proposed Holiday Inn? Mr. Williams: Not the 400'. Mayor Ferre: No, no, the 220' where they are going to build the Holiday Inn, on the River, do we have an easement through there of 20'? Mr. Williams: Yes but, the point is they could revoke that easement provided that they provide a walkway of their own, but let me take this opportunity to bring you up to date. Subsequent to your instructions and perhaps you did not get my memorandum of Tuesday. Mayor Ferre: I did. Mr. Williams: We have begun negotiations, I believe and Mr. Acton participated and we now have an agreement in principle. The architects are putting these matters on paper and we have a meeting scheduled for tomorrow morning and we will again go over it to see if we can agree in fact. If we do agree in f�.ct tomorrow, we will call a special meeting of the Development Authority so you will have another opportunity early to evaluate this. For George Acton and myself to agree in principle on this means that we have relieved the 8' constrictions. We have relieved your concern about the tunnel and we have relieved your concern about the compatibility of the private development and the other, so I have every confidence, we will reach agreement early on this matter. Mayor Ferre: Just as a matter of curiosity Mr. Williams. How exactly is a special meeting of the :Downtown Development Authority called? Mr. Williams: You may call it or any 3 members may call it. Mayor Ferre: I see. Mr. Reese: On this downtown walkway and these easements etc., I think that it would be very advantageous if we had a study or something showing where it is, what it is, and the size of it, these easements. If these easements are going to be dedicated solely for a walkway or for other facilities etc. All this should be made known prior to any commitments being made. Mayor Ferre: I agree. Mr. Reese: I am not sure about this, but I think the City Attorney ought to research to see if the downtown development authority can receive an easement or ifit has to be a publically recorded easement in the name of the City of Miami. Mayor Ferre: I am glad you brought that up Mr. Reese because this brings up something else in my mind. One of the things I am concerned about with regards to this easement is that its worded in such a way in the letter that was written that what we have is the availability of crossing the property but evidently they retained the property and they can use it also. I don't quite understand exactly how that works but all we are getting really is the public access to it. That's something the legal department of both the Downtown Development Authority and the City should get into to make sure that the citizens and city are property protected. Mr. Reese: Yes because this co-uld assume a great liability. In the sense of an easement but its really only for access and its really public access so I think that has to be looked at and studied. 040 JUN 141973 a • Mr. Williams: Mr. Mayor, may I ci rify these sit..itions for you? The easements that are in hand reflect undergroun._ and above ground and on the ground including the right to put utilities, pavements, walks storm drainage anything both underground and above. Secondly the easements are made out to the City of Miami because we in the Development Authority do not want to hold those easements. Mayor Ferre: Excuse me for interrupting you. Is this exclusively on this Holiday property? You say we have easements above ground? How high? because if we have a wall 20' up there, I mean a ceiling - Mr. Williams: If I may please continue and complete so that I can give you all the conditions. #1, we have 2 easements in hand. They provide an easement both on the ground and above the ground. Some with limitations, some with not. and underground to provide for underground -utilities, water systems, electrical systems, telephone systems, emergency systems etc. Those easements are made to the City of Miami because we in the Development Authority do not want to become owners of easements. We think the proper place for it is to you. It is our full intention to convey these to the City with the request that they accept the easements in the proper legal manner. The reason this has been not done heretofore is simply that the condition on which those people granted those easements as reflected in a cover letter requires me not to record these easements until we are ready to build. This is simply to protect them for giving away property that won't ever be used, and I happen to agree with that. There are probably easements all over town that's been granted and some of which hasn't been used. They didn't want to do that. They wanted to give the easements only if we are going to accomplish our objective. Now as we near the construction stage, we will be presenting these easements to you for your review of your legal staff, the public works department and ultimate acceptance. Now lets go back to the Holiday Inn. Another condition from the Feinberg family when they gave the easement says we give it to you if you will go ahead and do it but if we get ready to do it first, we the Feinberg family, we reserve the right to revoke the existing comprehensive ease- ment and we agree to build the thing ourselves, maintain it etc., and we will give you a public easement accross it because if its already there, we have no need to put utilities underneath, water underneath, etc., we just need passageway accross it but that condition comes into play only if the developer has to build it. If the Authority builds it, then we retain all of the other values including underground that is reflected in the easement. They did reserve the right to revoke those values assuming they were ready to build before we were and that simply happens to be the way its worked out. Mayor Ferre: And that's exactly what my concern is, that what they are going to do is proper and acceptable and usable and that we will have full legal rights of using it, not have liability, that it is usable as far as the width and the height and the rest of these limitations because we don't know maybe in the future we may want to put some wires under there for lighting on either side. That type of a thing, so there are a lot of ramifications to it. I would like to request since as you stated, the City of Miami is going to be the recipient of the easements and will be involved in this, I think that the City of Miami legal department in conjunction with the authority's legal department should review this and I would like to ask the administration also since the City of Miami is going to be the recepient to be, to get itself involved so that when it does come to a head, when it does come for a resolution. before the City Commission, we have all of the facts before us and we have no objections with all due respect to the administration. Mr. Reese: Well Mr. Mayor, we are not here sitting here today discussing the merits of easements that were dedicated to the City when people did platting. I don't know if the Feinberg property is going to be platted or if its already platted for the particular use but what I was talking about is there is provisions in the City of Miami charter pertaining to easements and that is the reason that I wanted to make sure the City Law Department and the City administration became party and well under- stood long before any commitments were made that would in turn, bind the city. Mayor Ferre: We've just done that Mr. Reese. 041 JUN 14197 410 25, INVESTIGATE ELI6IB11ITY OF EMPLOYEES OF D➢WN,lWN DEVELOPMENT AUTHOQILY TO PARTICIPATE IN GROUP INSURANCE AND RETIREMENT PLANS Mayor Ferre: Mr. Reese, there is another matter Mr. Williams would like to bring up. Mr. Williams: I do not have that Mr. Mayor, it was supposed to be presented to you. Our Attorney has assured me that he got it to you. Mayor Ferre: I am talking about the 3 Development Authority employees into the city's pension plan and insurance plan. Mr. Turner: The DDA attorney gave it to us and I gave it to Mr. Cobo to give to you. Mr. Williams: Mr. Mayor, I will briefly describe the intent as I under- stand it. May I emphasize tha: this was the intent of the Mayor and the Board of Directors. This uas not a recommendation of the staff. In consideration of a retirement plan for development authority employees and a health accident and liability insurance for development authority employees, the Board and the Mayor considered it desirable to find ways and means to bring us in under the city plan for purposes of insurance and retirement only and at the direction of the Board, Mr. Ferre has brought that matter to you today. Mayor Ferre: In other words, what this resolution does, is it directs the City Manager and the City Attorney to investigate, that;s all it does, investigate the possibilities of amending the code of the city to make eligi.ble the 3 employees of the downtown development authority for Miami General Employees Retirement plan and for the City of Miami group insurance plan as established by the code of the city 1957 as amended. All we are doing here is directing the City Manager to investigate. Rev. Gibson: Why only the 3 employees, what about all the people? Mr. Williams: We only have 3. Rev. Gibson: I just wanted to make sure. Mr. Williams: It really should read, all employees because we may have more than 3. Mr. Reese: You better confine it to the subject right now because you have got 3 employees now, rather than all employees because that could cover an indeterminate different groups and classes, so you better stay within the element - Rev. Gibson: Wait a minute, no, no, no, no, no. Suppose you hire some other people. I just think that I am not Apposed to protecting the pension fund but I think that we can't sit here and not protect all the people who work for the City. Now, I am in the pension plan and the way the pension plan operates is if you start working for the church even though those fellows preceded you 50 years, I am not going to sit still for that. Mr. Reese: I raised the question on the word "all". If he is confining his remarks to the Downtown Development Authority Employees, fine. fine. but the word "all" gets over into other areas. Mr. Turner: Rev. Gibson, if you will read the body of the resolution, section 1 states: The City Manager and City Attorney are directed to investigate the possibility of amending the code of the City of Miami 1957 amd to make employees of the Downtown Development Authority eligible for the Miami General Employees Retirement Plan and for the Clty of Miami Group Insurance Plan, in the same manner that City of Miami employees are eligible. 042 JUN 1419 • Gibson: I buy that, but you heard them refe, to 3. Rev. is not employees. Mayor Ferre: All right, I apologize for that and what it speaks to is the employees of the Downtown Development Authority. The reason for this so we are very clear, is that the Downtown Development Authorityhas been deliberating and has studied and has recommended specific inclusion to protect within proper group insurance the existing employees of the Downtown Development Authority. They also have looked into the possibility of establishing an employee retirement plan for the Downtown Development Authority. At that point, I brought out that I think that we should look into the possibility of including these employees in the various city plans rather than going ahead and creating a complete, separate plan for these people ,and that's all we're doing here. Rev. Gibson: All right. Mr. Plummer: Mr. Williams, does that include you? Mr. Williams: Yes, and for 7 years the authority has provided no coverage of insurance, no coverage of retirement, no coverage for any kind of protection. Mr. Plummer: One further question. In speaking of the Retirement and Pension starting as of the effective date of this ordinance or retro- active to back when you went to work for the City. Mayor.Ferre: That's something that Mr. Reese is going to have to look into. Mr. Plummer: I think we have to direct Mr. Reese as to which way we want him to look into it. Mr. Reese: I am quite sure you can't amend your ordinance right now to make it retroactive for 7 years. Mr. Plummer: If he made a lump sum payment, he could. Mr. Reese: If he was an employee 7 years ago he could but he wouldn't be until the ordinance is amended. Mayor Ferre: That;s the problem. The Downtown Development Authority is obviously going to have to pay this to the City of Miami. Thats a legal matter. Mr. Williams: It is a very important one however. Mayor Ferre: I agree. Mr. Williams: That question is totally dependent on whether or not, I would become party of it. Mayor Ferre: If it isn't then its something we are going'to have to consider at the Downtown Development AUthority. Any further discussion? Is there a motion? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-425 A RESOLUTION DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO INVESTIGATE THE POSSIBILITY OF AMENDING THE CODE OF THE CITY OF MIAMI OF 1957 AS AMENDED, TO MAKE ELIGIBLE THE EMPLOYEES OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE MIAMI GENERAL EMPLOYEES RETIREMENT PLAN AND FOR THE CITY OF MIAMI GROUP INSURANCE PLAN AS ESTABLISHED BY OR UNDER THE CODE OF THE CITY OF MIAMI OF 1957, AS AMENDED, IN THE SAME MANNER THAT THE CITY OF MIAMI EMPLOYEES ARE ELIGIBLE 043 JUN 141973 (Here follows body of resolution, omitted•he1.1 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: Mrs. Gordon, Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: None LUNCH RECESSI The City Commission recessed at approximately 12155 P.M. to 2200 P.M. The Commission reconvened at 2200 P.M. with all members Present. 26, APPEARANCE OF REPRESENTATIVE OF "VIVA" WELCOME HOME FOR RETURNED PRISONERS QF WAR Lorrie Kellogg: I am Lorrie Kellogg, 12225 N. W.7th Avenue, North Miami is the location for the VIVA office. The VIVA organization, which is Voices in Vital America, the secondary name being Prisoner of War Missing in Action, Florida Cares, we are a non-profit, non-polit:.cal organization and we have prepared a Florida says thank you weekend for the prisoners of war from the State of Florida and we are also inviting the boys from all over the country and the RSVPs have been great so far. We are asking each city if they would please participate with us to see that the boys have a real great weekend and we are having a black tie dinner dance July 8th at the DuPont Plaza, Governor Askew, Sen. Lawton Chiles among many dignataries will be in attendance. What we are hoping is that we can have I.D.Cards that when the POW and their families present it to our local attractions, they will allow them to enter complimentry. Just the prisoners of war and their immediate families. We are asking for support from the City on this weekend project, Florida says thank you. Mayor Ferre: Mr. Reese, I don't know exactly what we can do for these prisoners of war but certainly I for one and I think I would voice the opinion of everyone on this Commission, and of yourself and of the administration, feel a great deal of debt to those brave men that represented our country in a time of need and did not shirk their respon- sibility and who were the unfortunate victims of having been prisoners of war. I think that we should bend over backwards to do everything within our power to participate in this worthy movement of recognition and I don't know what specifically we could do for these prisoners of war but certainly if there are events at say the Marine Stadium or anything else the city is involved in, perhaps we could do something of recognition. Mr. Reese: I would suggest that we would endeavor through the publicity department to see if we couldn't get ommission cards for the Seaquarium Parrot Jungle and any activity going on in the City of Miami or facility at that particular time. Mayor ferre: I think that's been done already. L. Kellogg: May I respons to that SIr. We have to make it easier on the particular attractions, we have designed an I.D.card that says Operation, "Florida Says Welcome Home" this will serve to introduce. We were hoping that these cards could be presented to your attractions in your city that upon the men showing them, they could automatically go in. It would save a lot of problems of free passes because we have already encountered a great deal of problems in that area. Mr. Reese; I felt that we could solicit these and then you would have them to hand out because a number of these activities, if we are fortunate enough to get them, get these permits, have crowd control and have to account for attendances etc. so you use the pass technique and if I could get the number of people we are talking about 044 JUN141973 Mayor Ferre:. How many people are involved in this roughly? L. Kellogg: We are just talking about the returned Prisoners of War and their families and their children. Right now its approximately at 150 and they have until the 22nd to respond. We have told them to bring their children. Mr. Reese: It would be fair if we could get this information and then lets see what we can possibly do so that we can help. If I could get -that information, then we could proceed to try to get the different activities open. Mr.Plummer: Mr. Mayor, I think it should be brought out to this lady as well as to the public that during the year that I served as vice mayor, the city does cooperate with the program known as Operation Sunshine where they bring 35 to 40 wounded veterans back to Miami for a weekend and Mr. Price has been one of the coordinators of this program and I think he could be very beneficial to you in this thing. Mr. Reese: I made the suggestion we use our publicity department. Mr. Plummer: Mr. Price has been doing this for years. I thi-nk it would be appropriate Mr. Reese that we make a motion or its not necessary. Mr. Reese: I keep saying I wish you would get the information back to me but if you want it to go to Mr. Price. Mayor Ferre: Miss Kellogg, if you will get the info to Mr. Reese, he will assign this to various persons in the city including Mr. Lew Price and have them assist. I do think we should pass a formal resolution commending VIVA for what they are doing and stating that the City of Miami Commission goes on record welcoming our Prisoners of War back to Florida and to Miami and that we want to actively participate in whatever activities will be done for these prisoners of war. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-425A A RESOLUTION COMMENDING THE EFFORTS OF THE ORGANIZATION KNOWN AS "VIVA" FOR THEIR PLAN TITLED "OPERATION WELCOME HOME" TO WELCOME RETURNED PRISONERS OF WAR AND EXPRESSING THE DESIRE OF THE COMMISSION TO AID IN EFFORTS TO MAKE THIS A SUITABLE CELEBRATION; REQUESTING THE CITY MANAGER TO ACT AS A COORDINATOR IN THE RECEIVING OF INFORMATION FROM "VIVA" AS TO THE NUMBER OF PERSONS ATTENDING AND TO WORK WITH THE PUBLICITY IN SECURING I. D. CARDS AND ADMITTANCE TO LOCAL ATTRACTIONS FOR THE RETURNED PRISONERS; FURTHER REQUESTING THAT AN APPROPRIATE PROCLAMATION BE PREPARED TO BE ACTED UPON BY THE CITY COMMISSION AT A LATER DATE OFFICIALLY DECLARING THIS WELCOME BY THE CITY OF'MIAMI (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 Mayor Ferre: When is this scheduled for? L. Kellogg: July 6 to 8, weekend, start arriving Friday night. Mayor Ferre; We "have a meeting before that. Would you report back to us what's happening and where we stand. 045 JtUH 141973 its adoption: 27. ORDERING RESOLUTION - NORTH BAYS DRIVE S(:r1ITARY SEWER I POVEr MENT SR-5383-C (CENTERLINE SEWER) The following resolution was introduced by Mr. Plummer who moved RESOLUTION NO. 73-426 A RESOLUTION ORDERING NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-C (centerline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASS- ESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH BAYSHORE DRIVE SANITARY SEWER IMP- ROVEMENT DISTRICT SR-5383-C (centerline sewer); AND ALLOCATING FUNDS (Here follows body of resolution, omitted here and'on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs& Plummer, Reboso, , Reverend Gibson and mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. 28, ORDERING RESOLUTION - NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVE- MENT SR-5383-S (SIDELINE SEWER) The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-427 A RESOLUTION ORDERING NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-S (SIDELINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASS- ESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH BAYSHORE DRIVE SANITARY SEWER IMP- ROVEMENT DISTRICT SR-5383-S (SIDELINE SEWER); AND ALLOCATING FUNDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, , Reverend Gibson and Mayor Ferre. NOES: None ABSENT: Mrs. Gordon. 046 29, ��D � [ G..BESOLUTION LIBERTY SANITARY BIER IMPROVEMENT PHASE II G CENTERLINE SEWER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-428 A RESOLUTION ORDERING LIBERTY SANITARY SEWER IMPROVE- MENT PHASE II SR-5377-C (CENTERLINE SEWER) AND DESIG- NATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS LIBERTY SANITARY SEWER IMPROVEMENT PHASE II DISTRICT SR-5377-C (CENTERLINE SEWER); AND ALLOCATE FUNDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. ABSENT: Mrs. Gordon. 30, g D IN ESOLUTION. LIBERTY SANITARY SEWER IPPROVEIMIJNT PHASE II 1! SIDELINE SEWER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-429 A RESOLUTION ORDERING LIBERTY SANITARY SEWER IMPROVEMENT PHASE II SR-5377 S (sideline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS LIBERTY SANITARY SEWER IMPROVEMENT DISTRICT PHASE II - SR-5377 S (sideline sewer) (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. ABSENT: Mrs. Gordon. 047 31, HIGHWAY RIGHT-OF-WAY DEED Alma I AND DEBORAH MALNIK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-430 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT-OF-WAY DEED EXECUTED BY ALVIN I. MALNIK AND DEBORAH MALNIK, HIS WIFE, CONVEYING FOR THE CONSTRUCTION OF DRAINGAGE FACILITIES AND FUTURE HIGHWAY DEVELOPMENT A 15-FOOT STRIP OF LAND ALONG THE WEST SIDE OF S. W. 27TH AVE- NUE ON THE NORTHWEST CORNER OF COCONUT AVENUE; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. ABSENT: Mrs. Gordon. 32, URGE COUNTY COMMISSION & H,UID L TO TAKE SAME APPROACH IN CONNECTION WITH INSTALLATION OF LIBERTY SANITARY SEWER PROJECT AS WAS TAKEN WITH INSTALLATION OF SIRS IN THE COCONUT GROVE AREA Reverend Gibson: Mr. Mayor, This Liberty City Sanitary Sewer Improvement. I would hope that we could again ask H.U.D. to do some assisting. Mr. Plummer: We did that this morning. Rev. Gibson: No J. L., Sir, would you speak to this? We want them to some other than. They got some funds J.L. -and they aren't telling us.. I'm sorry. Mr. Plummer: He's talking about 21A and 21B, the Liberty City Sewer. Mr. Grimm: Remember when the city built sewers in Coconut Grove, we had N.D.P. funds behind to do some street work and I would hope the Commission could encourage the County to have some of this work done in Liberty City also when we finish the sewers. Rev. Gibson: Right, and Mr. Mayor, I was hoping we could also by letter or some such call it to their attention and ask them to cooperate in that matter like they did in the Grove. Mr. Reese: In their programs and also following through on the connection as well as on the street improvements. Rev. Gibson: So what do we do? Mr. Plummer: Make another motion and bring that to their - Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: 048 JUN 141973 RESOLUTION NO. 73-431 A RESOLUTION URGING THE BOARD OF COMMISSIONERS OF METROPOLITAN DADE COUNTY AND THE APPROPRIATE OFFICIALS OF THE METROPOLITAN DADE COUNTY HOUSING AND URBAN DEV- ELOPMENT DEPARTMENT TO USE THE SAME APPROACH IN CONN- ECTION WITH THE INSTALLATION OF SEWERS IN LIBERTY SANITARY SEWER IMPROVEMENT PHASE II - SR 5377-C $ S AS WAS TAKEN AT THE TIME OF THE INSTALLATION OF SEWERS IN THE COCONUT GROVE AREA 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 Mr. Reese: Mr. Mayor and Members of the Commission, I think its being overlooked that these sewer projects that we are bringing in are the part of the completed program for 76 of getting all of our bond money for sewers in place. This project here represents S40 acres of city property that will be sewered when the project is completed. Just the magnitude of the work that we have been bringing into the City Commission in the last few months to get this program and keep it on schedule, I don't think is being recognized by all parties concerned. 33, ACCEPT HIGHWAY RIGHT OF WAY DEED - ARMANDO AND ERRIA DELGADO Mr. Reese: Mr. Mayor and members of the Commission. This item #23 represents a piece of land on 12th Avenue that is the only part of 12th Avenue in this area, in fact all the way down to Jackson Memorial Hospital from the further end of the Avenue that doesn't have a side- walk on it. This was just 2 building lots. People have lived there for years but never had a sidewalk in there. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-432 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY ARMANDO DELGADO AND EMERIA DELGADO, HIS WIFE, CONVEYING FOR HIGHWAY WIDENING A STRIP OF LAND ALONG S. W. 12TH AVENUE BETWEEN 12TH AND 13TH STREET: AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY (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 049 • 34 ACCEPT PLAT - LAS VEGAS SUB The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-433 A RESOLUTION ACCEPTING THE PLA" ENTITLED LAS VEGAS, A SUBDIVISION IN THE CITY OF M::AMI, 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) 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 35, AUTHORIZE PUBLICATION OF PUBLIC HEARING -OBJECTIONS TO COMPLETED WORK - CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-434 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACC- EPTANCE BY THE CITY COMMISSION OF THE COMPLETED CON- STRUCTION OF CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354 IN CORAL WAY SOUTH HIGHWAY IMPROVEMENT DISTRICT H-4354 (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 IPA 050 JUN 141973 INCINERATQ� 36. AUTHORIZE PAYMENT TO I<. S. WEGMAN- C01VTI(��.OPER.OF 20 S�'. 3- The following resolution was introduced in :•.r. Plummer who moved its adoption: RESOLUTION NO. 73-435 A RESOLUTION AUTHORIZING PAYMENT OF $1,495.00 TO LEONARD S. WEGMAN CO., INC. OF 101 PARK AVENUE, NEW YORK, NEW YORK, FOR PROFESSIONAL SERVICES RENDERED AT PUBLIC HEARING BEFORE THE DADE COUNTY POLLUTION CONTROL HEARING BOARD CONCERNING CONTINUED OPERATION OF THE 20TH STREET INCIN- ERATOR (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 Mr. Plummer: Mr. Reese, this gentleman appeared and I didn't want it to be part of the question. He got for the City a 1 year continuance on the operation of the 20th Street Incinerator. Now, where do we stand after that period of time. Is it hoped by you that we will at that time be ready to go with Metropolitan Dade County and they will take over the operation? Bring me up to date as to the status. Mr. Reese: Dade County is going into the bond market to borrow money now. One of the items on the money they are going to borrow is solid waste disposal and they are endeavoring to explore the possibility of setting up a pilot plan operation at 20th Street. One year from now we will have to go back in for another variance. The control people will only give us a 1 year variance. I don't think 20th Street will be shut down within a year and I don't think that the new facility will be operating. 37, ACCEPT COMPLETED WORK - MANOR AND MOORE PARKS FENCING - 1972 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-436 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FENCE MASTERS, INC., AT A TOTAL COST OF $33,4-0 AND AUTHORIZING A FINAL PAYMENT OF $3,339.91 FOR MANOR AND MOORE PARKS - FENCING - 1972 (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 051 JUN 141973 • 38, DUPLICATE TAX CERTIFICATE cHARLEs VANO The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-437 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF , FINANCE TO ISSUE DUPLICATE TAX SALE CERTIFICATE TO CHARLES VANO, UPON FILING OF BOND IN ACCORDANCE WITH THE LAW AGAINST ANY LOSS THAT MIGHT OCCUR BY REASON OF THE REAPPEARANCE OF THE ORIGINAL CERTIFICATE (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 39, TRANSFER FRAM CONTINGENT FUND TO CITY _CLERKS"S BUDGET FOR ADVERTISING REQUIREMENTS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-438 A RESOLUTION AUTHORIZING THE TRANSFER OF $3,300.00 FROM THE CONTINGENT FUND TO THE PROPER ACCOUNT IN THE CITY CLERK'S BUDGET FOR THE PURPOSE OF INCREASING THE ACCOUNT FOR ADVERTISING TO COVER ADDITIONAL ADV- ERTISING REQUIREMENTS NECESSITATED BY INCREASED PUBLIC HEARINGS BY THE COMMISSION (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 452 JUN 141973 • 40, RECREATION LEADER PROGRAM- MIAMI DADE JR.COLLEGE STUDENTS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-439 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE ATTACHED NEW AGREEMENT FOR PART-TIME EMPLOYMENT FOR THE RECREATION LEADER PROGRAM FOR MIAMI- DADE JUNIOR COLLEGE STUDENTS TO COVER THE FISCAL YEAR BEGINNING JULY 1, 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 ado pted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 41, CONTRACT WITH DINNER KEY BOAT SHOW. TO USE PIER 5 The Mayor announced the Chair would recognize a gentleman in the audience who wished to speak on this item. Mr. Ross: My name is Dr. Saul Ross, I am a tenant at the Dinner Key Marina, Pier 5, I have been for several years. I have been selected to represent the majority of the tenants at Pier 5, to represent them in this matter. We have always cooperated with the City and shall continue to cooperate with the City. We have been informed however that this year things are somewhat different than they were in previous years because there is apparently no available space or not sufficient available space at Miamarina to accomodate all of the boats that will be displaced by the boat show. We would like 2 assurances from the City COmmission. 1. That we be guaranteed space at Miamarina for the period of the boat show in which case we will be very happy to cooperate. 2. That in the event that there is not sufficient space to accomodate us, that we not be forced to move from Pier S. The Major Boat shows in the do not have in the water slips. The New York show, the Chicago show, the Miami Beach show, are all dry hhows that have no boats in the water and are extremely successful. The Ft. Lauderdal show used to have boats in the water at Pier 66, they have become very successful, they have outgrown it. Port Everglades for 2 years in a completely dry show with no boats in the water. They are now moving to larger quarters at the Dania Jai Alai Palace, still with no boats in the water and we think it is unjust and unfair that we be required to move and certainly if we can't be guaranteed space, it will be a gross injustice Mayor Ferre: Mr. Reese? Mr. Reese: It is a stipulation with this promoter for this boat show has to get an agreement from each occupant on Pier 5 and assure them that he is going to make sure that they get space. He has to make these arr- angements before he gets the full approval to proceed with utilization of Pier 5. This is done for the simple reason that it is a convenience to' the promoter of the boat show and he has to take these necessary steps and otherwise Pier 5 is not available. Mr. Ross: I see, then we have the COmmission's assurance that we will have space to which we can move? Mr. Plummer: Would a motion be in order then subject to his getting these approvals? 053 4 ft- Mr. Reese: This does not give him approval. Thi.; authorizes to enter into a contract arrangement with the boat show people and this is one of the conditions that before we enter into this, he has to come in with this type of assurance, Mayor Ferrel In other words, what we are saying to you is that what you have requested is covered as Mr. Reese has told you in Item #31. Mr. Ross: The reason for our objection was that we were informed by the dock office that they did not believe they would have space. If we have the Commission's assurance, then we are satisfied. Mr. Reese: Nobody can guarantee space on October 18th but you do have the space at Dinner Key and you cannot move out of the space until you get other space. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-440 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO A CONTRACT"WITH THE MIAMI DINNER KEY BOAT SHOW TO USE TH3 FACILITIES OF ENTIRE PIER FIVE, DINNER KEY MARINA, FOR THE PERIOD BEGINNING OCTOBER 18, 1973 AND ENDING OCTOBER 25, 1973, FOR THE USE FEE OF THE ESTABLISHED TRANSIENT RATE FOR THE DIS- PLACED VESSELS THAT WILL USE MIAMARINA TO BERTH THEIR BOATS DURING THE PERIOD OF THE MIAMI DINNER KEY BOAT SHOW IS IN PROGRESS, PLUS $1,764.00 FOR THE RENTAL OF PIER FIVE, PLUS ALL APPLICABLE TAXES (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 42, CLAIM SETTLEMENT - ARTURO TORQ-FREDERICO TORO & MAINE INSURANCE CO, The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-441 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $515.70 IN FULL AND COMPLETE.SETTLE- MENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS ARTURO TORO, FREDERICO TORO AND MAINE INSURANCE COMPANY; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY JF MIAMI TO EXECUTE A RELEASE RELEASING ARTURO TORO AND MAINE INSURANCE COMPANY FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the City Clerks Office) 054 JUN 141973 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 43, AUTHORIZE CONTRACT BETWEEN CITY OF MI I AND GENERAL EMPLOYEES ASS. Mr. Plummer: Mr. Reese, bring me up to date now. Is this meet with their approval as well as the administration? Everybody is in accord? Mr. Reese: It has to go through all that process before it comes here. Mr. Plummer: I always thought that in the past, but I got myself in trouble thinking that way. Mr. Reese: Now wait a minute, its not everything everybody wants. It's what has been negotiated. Mr. Plummer: Its agreed. The City Manager recommends, I'll move it. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-442 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO A'CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE GENERAL EMPLOYEES ASSOCIATION, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF (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. Mr. Plummer: Mr. Reese, I would like to ask. Last year during budget time, we provided in the budget for a full time negotiator with the employees. Now what is the status at this time of that proposition? October is going to be here, you know it better than I before we know it. Mr. Reese: The negotiations are going on just the same. They go on throughout the year. Last year did an advertising job accross the country for somebody that was qualified to negotiate in the public sector. I got a large number of applications, not one of them was representative of what I felt the City should have. I have endeavored to contact two people here in the State recently that I was informed about but neither one of those represents the experience that I feel we should have. We also have a federal golrernment grant for $20,000 to help us finance this labor relations for the first year; so you can see we are moving but to get the right type of people is very difficult. It's something new in the public sector. 055 JUN 141g73 44, FEDERAL RANT APPLICATION = POLICE COMMUNITY RESOURCE POOL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-443 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE LAW ENFORCEMENT ADMINISTRATION, FOR THE PURPOSE OF CON- TINUING A PROJECT ENTITLED "POLICE COMMUNITY RESOURCE POOL", AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH GRANT AND TO EXECUTE SUCH CONTRACTS AND AGREEMENTS AS ARE NECESSARY TO IMPLEMENT THE PROJECT IN ANTICIPATION OF THIS PROGRAM (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: Messr. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 45, AMEND SECTION 39-24 - "PARKING CHARGES" Before the COmmission officially considered this item, the foll- owing discussion occurred: Mr. Plummer: Mr. Reese if I understand :his correctly, this will allow campers, mobile home type of things on the premises of the Orange Bowl during stadium events, is that correct? Mr. Reese: Only for the stadium event, and they have been coming in there on a fee basis. This gives them a permit. Mr. Plummer: Let me tell you what I just experienced up in Indianapolis. .This year for the first year, they refused to allow any campers or mobile homes on the premises of the Indianapolis speedway. Last year, I understand the situation there became so intolerable with illegal uses going on in those trailers which I don't have to bring out but there was a lot of illegal uses going on in those trailers. Mr. Reese, before I get myself into a situation I can't back out of, is — there a way or a stipulation that these things cannot be occupied during the stadium events? Do you know what I am driving at? Do I have to go into any more detail? This is my only concern. Mr. Reese: During the Nebraska Orange Bowl game here, there were quite a few people from Nebraska that were here and they were in campers, some of them that did occupy space. The adults went to the football game but i know of two campers that had baby sitters with the young people that were too young to go, so now I cannot say it was not occupied during the game because it was but when the game was over, the people left, all of them. Mr. Plummer: You are not concerned about that? Mr. Reese: Well I am just pointing out that you say that it can't be occupied. That is, we can control pretty well are in and out of the place. I think we are losing sight of something. There are activities over there. The parking lot is open approximately 2 hours before game time but afterwards, its cleaned out. 056 , At Indianapolis, if it is one date. I went to Inlianapolis which was a long time ago. They used to pitch tents in the circle, so, they did that 34 and 36 hours before. Mr. Plummer: Indianapolis they now close every night at 7 o'clock. As long as you are convinced that this thing can be controlled, fine, that was my - An ordinance entitled - AN ORDINANCE AMENDING SECTION 39-24 ENTITLED "PARKING CHARGES", OF THE CHARTER AND CODE OF LAWS OF THE CITY OF MIAMI, FLORIDA, BY THE ADDITION OF A PROVISION THAT SEASON PERMITS FOR THE PARKING OF MOTOR HOMES AND REC- REATIONAL VEHICLES AT THE ORANGE BOWL STADIUM PARKING AREA MAY BE OBTAINED ON THE PAYMENT OF A FEE OF $80.00; FURTHER PROVIDING THAT THE PAYMENT OF SAID FEE SHALL • AUTHORIZE PARKING IN THE AREA RESERVED FOR SUCH VEHICLES AT TIMES DURING WHICH THE STADIUM IS UTILIZED FOR PRE - SCHEDULED HIGH SCHOOL, COLLEGE AND PROFESSIONAL FOOTBALL EVENTS; FURTHER PROVIDING FOR A PER -GAME FEE OF $4.80 TO BE ASSESSED FOR THE PRIVELEGE OF PARKING MOTOR HOMES AND RECREATIONAL VEHICLES IN THE AREA RESERVED FOR SUCH VEHICLES IN THE ORANGE BOWL STADIUM PARKING AREA was introduced by Reverend Gibson, seconded by Mr. Reboso,and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 46, CERTIFLCATIONS ESTABLISHING FAIR MARKET VALUE The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-444 A RESOLUTION AUTHORIZING THE CITY MANAGER, M. L. REESE TO MAKE CERTIFICATIONS ESTABLISHING THE FAIR MARKET VALUE AND SUCH OTHER ACTIONS AS MAY BE NECESSARY TO COMPLY WITH FEDERAL REQUIREMENTS OF GRANT ELIGIBILITY FOR PROPERTY TO BE ACQUIRED BY 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 057 JUN 141g71 4 47, ALLOCATE $250.000 FOR LAND ACQUISITION - EXPANSION OF DIXIE PABK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-445 A RESOLUTION ALLOCATING $250,000 TO COVER THE LAND ACQUISITION AND MISCELLANEOUS COSTS FOR THE EXPANSION OF DIXIE COMMUNITY PARK; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE COU- NTY FOR BUILDING MANAGEMENT AND OTHER NEEDED SERVICES; DIRECTING THE CITY ATTORNEY TO ACT IN THE CITY'S INTEREST IN THE CIRCUIT COURT CONDEMNATION PROCEEDINGS; AND DIRECTING THE PROPER CITY OFFICIALS TO POST THE NECESSARY FUNDS WITH THE CLERK OF THE CIRCUIT COURT AND METROPOLITAN DADE COUNTY PRIOR TO THE JUNE 25,1973 DEADLINE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Rebose, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None STATEMENT REQARDINQ N$ CITY -COUNTY LQQpERAT I ON r. Reese:7 Item is another 3 oint venture "between Metro _ and, the City of -Miami or H.U.D. Mayor Ferre: We are talking about Item 38 now aren't we? Mr. Reese: Yes but nobody recognizes we are cooperating and do work together. Mr. Plummer: Bring it out when its due. Mayor Ferre: I think it's important Mr. Reese and I agree with you that we point out all the time. Its just like all of these arguments that some people are using against the City of Miami continually that we haven't turned over some of these area wide functions, and we just have to repeat it over and over and over again, what we have turned over and that there has been cooperation in the past and that every time we do these things, that we mention it, so that at least if it doesn't get attention in the media, at least we have the satis- faction of repeating it over and over and over again. Mr. Reese: No but at least it will be in the record, I hope. 48, CONFIRM ACTION OF CITY MAANAGER - REPAIR OF OVERHEAD CRANE OT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-446 A RESOLUTION kATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING THE REPAIR BY GENERAL ELECTRIC REPAIR SHOP, AT A COST OF $1625 OF A SO H.P. OVERHEAD CRANE MOTOR FOR THE DEPARTMENT OF SANITATION AS AN EMERGENCY MEASURE 058 (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 49, AUTHORIZE AGREEMENT - STANFORD _RESEARCH PHASE II MANAGEMENT STUDY FOR MODERNIZATION OF THE DEPARTMENT OF POLICE Mr. Plummer: Mr. Reese, on 39 sir, can I ask why this contract is only for 1 year, when we passed on April 26, the Phase II and Phase III? Mr. Reese: In negotiating this contract it was felt and brought out and also we were assured that the majority of the work that was exp- ressed in II and III could be done in Phase II, and wait until we get to Phase III to determine to what degree you need their efforts, rather than to follow all the way through on the original specifications. Mr. Plummer: My concern at the last meeting was that this would be seen through to its completion. Mr. Reese: Oh Yes. Mr. Plummer: Now that still stands? Mr. Reese: That's right. Mr. Plummer: The only thing we are negotiating now is just the dollar amount for phase II? Mr. Reese: That's right and we have taken part of Phase II and part of Phase III and put it together in Phase II. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-447 A RESOLUTION AMENDING RESOLUTION -NO. 73-332, THEREBY AUTH- ORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH STANFORD RESEARCH INSTITUTE FOR PHASE II OF THE MANAGEMENT STUDY FOR THE MODERNIZATION OF THE DEPARTMENT OF POLICE, SAID PHASE II TO COMMENCE ON APRIL 11, 1973 AND CONCLUDE ON JUNE 14, 1974, AT A COST OF $598,000 FOR THE DEVELOPMENT AND IMPLEM- ENTATION OF PROGRAMS AND SYSTEMS WHICH WERE REPORTED IN PHASE I AND ADOPTED BY THE CITY COMMISSION THROUGH RESOLUTION NO. 73-331; FURTHER AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO UTILIZE CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS TO SUPPLEMENT EXISTING POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUNDS UNTIL SUCH TIME AS THE CITY PROVIDES FOR A THIRD SALE OF BONDS THROUGH A POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND SALE AUTHORIZATION; FURTHER ALLOCATING FUNDS FROM THE POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUNDS AND THE CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS TO PROVIDE FOR FUNDING OF THE PHASE II STUDY (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 059 50, SUMMER SPECIAL FOOD SERVICE PROGRAM Mr. Reese: This is the 5th summer, the City of Miami and only the City of Miami carries on this program in their parks. Its not peanut butter and jelly, its a balanced lunch these children get. You have got to get milk and fruit in with it. Rev. Gibson: It's really nice. Mr. Mayor, I think, I don't like to belabor the point but I just don't think people look into these matters and see that the city does far more than meets the eye along with the fact and I might just as well mention this here. That an awful lot of people are concerned about the quality of service in our parks -recreation department over against parks -recreation in the County. Now I didn't bring that up for an argument but I have heard any number of times that you just get a superior quality of service and I would call that to your attention. Mayor Ferre: Well Father Gibson, as Chairman of the Miami -Metro Action Committee, I would hope that perhaps you might bring this up to see why the County could participate or at least amplify on this program which the City of Miami does. Summer Special Food Service Program. Perhaps the County might want to in the county areas take on such a program and follow the city's example. Mrs. Gordon: How many children will this take care of Mr. Reese? Mr. Reese: I don't know but the anticipated cost for a luncheon is just under 50t and this is in named parks in the poverty area where the support school program lunches are carried on during the regular season. Mayor Ferre: This is a State -Federal Grant. Mr. Reese: Yes Sir`, this comes through the Department of Education and really the Department of Argiculture. Mayor Ferre: I don't understand why the rest of the community doesn't do something like this. Why doesn't the County have a program? Mr. Reese: I don't know. This was raised one time at a Community Relations Board Meeting, or else it was one of the others and Porter Homer was manager at that time and he said he would look into it but for some reason or other, they back away. Mrs. Gordon: Mr. Reese, is this only a summer program? Mr. Reese: Yes, its only when theschool programs are not available. Mrs. Gordon: Could we, or is there any possibility of extending this to the child day care type of program that we were discussing earlier? Mr. Reese: Not this one. MRs. Gordon: Not this one, this is just for the older children. Mr. Reese: No, this is for the little children. The ones who might go without lunch that day if it wasn't made available. Mrs. Gordon: I know but I am trying to enlarge upon it. Mayor Ferre: Well I really think as I said Father Gibson that this is an area that you ought to explore with the County to see how perhaps they can get into this program. Rev. Gibson: All right Sir, I shall. Since you are mentioning some cooperative effort. The Department of Agriculture has a desire or is attempting during this summer, certainly in the Grove area to operate what is called "nutrition expanded". This would afford them the opportunity for two different periods in the summer to increase the nutrition deficiency or enlighten the people and those people seem to be having a devil of a time even getting a building. 060 JUN 141973 • Now maybe this is not the place to mention it but I just can't understand the Department of Agriculture, why they can't use a school building when the school has a kitchen, has some classrooms, you have say in the Grove area you have 41.4 acres of land and I wonder if we the Commission wouldn't want to go on record as urging the school board to look with favor. Now heres what they have told the lady in charge. They told the lady in charge, you have to have a health certificate and all this kind of thing. This doesn't make sense. You have a school with somekitchen facilities there. You have 411 acres of land. You have classrooms, all sitting up there and those children running around in the streets. They don't have summer school but if they do, the school is never taken up to full capacity and if July 2 through 13 is one period suggested for either or 13 to 24, people are flexible but I was told because they came to use our parish hall and I am perfectly willing but I just don't understand how we are going to continue to say to the public this is your property and then say to the public, you can't use it. Mr. Reese: At one time the City of Miami or a relation with the Board of Education to rent buses from them in the summertime to haul the children to swimming pools and different events. Then the Board of Education refused to enter into contract with us because their attorneys ruled that the buses could only be used for educational purposes. I would suggest to the City Commission that they might want to pass a resolution and direct it to the Governor to bring up at the Cabinet because the cabinet member is Agriculture as well pointing out that the school facilities should be made available for this agricultural program and point out these facilities are public, they are not - Rev. Gibson: They will have the program one of two periods. Either July 2 thru 13 or August 13 thru 24th. They are willing to operate on either period for this special program. Mr. Reese, I know you know more about this than I. Would it help us Mr. Mayor, if we passed a resolution and sent it to the School Board with a copy to the Governor? I don't want us to be in - Mayor Ferre: Pass 2 resolutions, one to the Governor and one to the School Board because that way. If the Governor gets a resolution addressed to him will pay more attention. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-448A A RESOLUTION URGING THE DADE COUNTY BOARD OF PUBLIC INSTRUCTION TO GIVE FAVORABLE CONSIDERATION TO A REQUEST BY THE FLORIDA STATE DEPARTMENT OF AGRICULTURE TO USE CERTAIN SCHOOL FACILITIES DURING SUMMER MONTHS WHEN THEY ARE NOT IN USE FOR EDUCATIONAL PURPOSES FOR IMPLEMENTATION OF A PROGRAM ENTITLED "NUTRITION EXPANDED" (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 061 JUN 141973 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-448B. A RESOLUTION URGING THE GOVERNOR OF THE STATE OF FLORIDA TO BRING UP AT A CABINET MEETING THE MATTER OF A REQUEST OF THE FLORIDA STATE DEPARTMENT OF ARGICULTURE TO USE CERTAIN SCHOOL FACILITIES DURING THE SUMMER MONTHS WHEN THEY ARE NOT IN USE FOR EDUCATIONAL PURPOSES FOR THE IMPLEMENTATION OF A PROGRAM ENTITLED "NUTRITION EXPANDED" (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. Mrs. Gordon: I have another resolution regarding the same matter in a sense. The School Board does use public land at times where they need it for recreational purposes and they generally charge $1 a year which is fine as far as that goes but I think in line with Father Gibsons thinking, the school board should extend themselves a little bit in the other direction and try to provide some kind of after -school care programs which could easily be housed in the cafeterias which are not used at that time of the day for those students who are attending that particular school and I would move this as a recommendation to the School Board that they consider setting up these after school care programs for working mothers. Many children are dismissed from school and they do not have anyone at home to care for them until mother comes home from work and are wandering the streets as Father Gibson mentioned before, and this is a very serious and dangerous situation for young people so there fore, I move this resolution. Rev. Gibson: Rose before you do that, I was at a meeting yesterday at Carver Jr. High in which they explained that they are doing this, they have a program to do it. Maybe you need to pass a resolution. Mrs. Gordon: It should come from us, a resolution urging them to expand it into all schools, not just in 1 or 2 schools but all schools because all schools and all children at all levels of their parents economic position need this kind of help not just necessarily those in the depressed areas or the poverty areas and I move that. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-449; A RESOLUTION URGING THE DADE COUNTY BOARD OF PUBLIC INSTRUCTION TO CONSIDER THE POSSIBILITY OF ESTABLISHING AFTER SCHOOL CHILD CARE CENTERS WHICH MIGHT BE HOUSED IN SCHOOL CAFETERIAS NOT BEING USED AT THOSE HOURS FOR THE CHILDREN OF WORKING PARENTS (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 The following resolution was introduced by Reverend Gibson who moved its adoption: 0 RESOLUTION NO. 73-450 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN MAKING APPLICATION TO THE FLORIDA DEPAR- TMENT OF EDUCATION FOR THE PURPOSE OF CONDUCTING A SUMMER SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN RESIDING IN THE CITY OF MIAMI, AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT IN THE AMOUNT OF $71,136 TO BE CONTINGENT UPON FINAL APPROVAL OF OUR CONTRACT WITH BIDDER TO PROVIDE SAID LUNCHES (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 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-451 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN RECEIVING AND OPENING BIDS TO FURNISH LUNCHES FOR THE 1973 SUMMER SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN, AND TO FURTHER AUTHOR- IZE THE AWARDING OF THE BID TO LANDSHIRE OF FLORIDA, INCORPORATED, THE LOW BIDDER MEETING ALL BID SPEC- IFICATIONS AT A COST OF 52 CENTS PER LUNCH AND NOT TO EXCEED $71,136 (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. 063 • 51, APPROPRIATING $846.000.00,- CRIME PREVENTION AND POLICE.. FACILITIES $UIWING IN pONTOWN GOVERNMENT CENTER Mr. Plummer: Mr. Reese under Item #41, those houses that are existing there on that 2-block area. Are those ones that I have to be are going to be court situations rather than settlements? Mr. Reese: This $846,000.00 is to get. the last of the property. This cleans it all off. Mr. Plummer: There is maybe 10 or 12 houses on the 2-block area. Mr. Turner, Asst.City Atty: There is 15 parcels left in which we are unsuccessfully unable to negotiate with the owners and these were, we entered what is called an Order of Taking which we can take immediate possession of the houses. Some of them the courts have modified by giving the tenants, residents 90 days to vacate. Some of them we will clear up right away and some have 90 days. Those are the ones we have entered into a court case with. Mr. Plummer: That will be the whole 2-block area. Good. Within 90 days or shortly after, the whole thing will be scarified. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-452 A RESOLUTION APPROPRIATING $846,000.00 PURSUANT TO THE ORDER OF TAKING FOR THE CRIME PREVENTION AND POLICE FACILITIES BUILDING IN THE DOWNTOWN GOVERNMENT CENTER, AND CONFIRMING THE ACTIONS OF THE CITY MANAGER IN ADVANCEING THE MONEY TO BE DEPOSITED IN THE REGISTRY OF THE CIRCUIT COURT PURSUANT TO THE ORDER OF TAKING (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 52, AMEND CODE- INCREASE & REVISE CHARGES FOR USE OF SWIMMING POOLS Mr. Reese: I think the only Commissioner here that will remember the time we took the charges off the swimming pools would be Canon Gibson. The Manager at that time had a theory that we were charging the young people at that time a fee to come into the swimming pools in excess of their ability to pay and thereby restricting instead of integrating our pools, we were really economically segregating them. The Commission went along with my recommendation to eliminate all fees. Well the problems that has generated over the years, now we are asking to have corrected and that is, once whan an individual pays fees, at least you have the peroggative of asking the person to leave the swimming pool when he is no longer willing to abide by the rules that you have to abide by with a large number of people in a swimming pool. 064 JUN 1419 So in re-establishing the fees, what we have done is set up a fee for use through the ages of 17 at 15*. Adult fees 18 years of age through 61, 50f. Senior citizens 62 years of age and over - free. Youth under 17 years of age that bring in 25 empty aluminum cans and deposit them, we will then admit him free. In this way, I don't think we are segregating or in any way making an opportunity to come in. Mrs. Gordon: I'll move it. I think thats a great idea, congratulations Mr. Reese. An Ordinance entitled - AN ORDINANCE AMENDING SEC. 39-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA FOR THE PURPOSE OF INCREASING AND REVISING THE CHARGES FOR USE OF CITY OF MIAMI MUNICIPAL SWIMMING POOLS; PROV- IDING A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVER - ABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE: DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEP- ARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION; CONTAINING AN EFFECTIVE DATE was introduced by Mrs. Gordon and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Whereupon the Commission on motion of Mrs. Gordon, seconded by Reverend Gibson adopted 'said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8169 53, LEASE OF CONCESSIONS AT CITY PARKS LUMMUS-MORNINGSIDE-DORSEY-WEST END The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-453 A RESOLUTION.AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR LEASING THE CONCESSION PRIVELEGES AT DORSEY PARK WITH R. SILVER; LUMMUS PARK WITH JENNIE DI TONNO; MORNINGSIDE PARK WITH MARY BARDAKJY; WEST END PARK WITH MARY BRINKER; IN ACCORDANCE WITH THE SUBMITTED BIDS; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO THE CON- CESSION PRIVELEGES AT SHENANDOAH PARK (Here follows body of resolution, omitted here and on file in the City Clerks Office) 065 JUN14197 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 54, CONDEMNATION OF PROPERTY - WAINWRIGHT PARK The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-454 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER WHICH PLACED $1,100,000 IN THE REGISTRY OF THE CIRCUIT COURT TO PROVIDE FOR THE CONDEMNATION OF PROPERTY AT WAINWRIGHT PARK; FURTHER ALLOCATING $1,100,000 FROM THE 1972 PARKS AND RECREATIONAL FAC- ILITIES BOND FUNDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 55, AMEND ORD.6945 CS RULES REPEAL SECTION OF SICK La E WITEOT PAY FOR PREGNANCY An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XIX, SECTION 3, SUBSECTION J, WHICH PROVIDED THAT SICK LEAVE WITH PAY SHALL NOT BE GRANTED FOR PREGNANCY AND REPEALING THEREFROM RULE XIX, SECTION 6, SUBSECTION "C" WHICH ESTABLISHES THE ENTITLEMENT FOR A MATERNITY LEAVE AND THE CONDITIONS UNDER WHICH SUCH LEAVE MAY BE GRANTED was introduced by Mr. Plummer, seconded by Reverend Gibson and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 0ss JUN 141gyS 56. Awan .RLn_ - PERMIT APPLICATIONS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-455 A RESOLUTION ACCEPTING THE BID RECEIVED MAY 14, 1973, OF DATA FORMS COMPANY, INC., FOR FURNISHING APPROX- IMATELY 57,000 PERMIT APPLICATIONS AT A COST OF $1,665.25 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS, AS REQUIRED, AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by 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 57, AWARD BID - 5000 POUNDS OF LAWN GRASS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-456 A RESOLUTION ACCEPTING THE BID RECEIVED MAY 29, 1973 OF CHAN W. BAKER, FOR FURNISHING FIVE THOUSAND (5,000) POUNDS OF LAWN GRASS SEED MIXTURE, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS, AS REQUIRED, AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None • 58, AWARD BID - HEAVY _ EQUIPMENT REPLACEMENTS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-457 A RESOLUTION AWARDING BIDS RECEIVED ON MAY 18, 1973 FOR THE 1973 INITIAL PURCHASE OF HEAVY EQUIPMENT REPLACEMENTS FROM FUNDS AVAILABLE IN THE BUDGET OF THE DEPARTMENT OF PUBLIC PROPERTIES AND AUTHORIZING. AND DIRECTING THE CITY MANAGER TO ISSUE PURCHASE ORDERS THEREFORE (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 59, AWARD BID - TOTE CONTAINERS (REFUSE) The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-458 A RESOLUTION ACCEPTING THE BID RECEIVED MAY 30, 1973 OF THE WTHE CORPORATICN FOR FURNISHING 275 REFUSE TOTE CONTAINERS FOR USE B1THE DEPARTMENT OF SANITATION AT A TOTAL COST OF $4,345.00, 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 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 068 JUN 141973 60, AWARD BID - FENCING - MIAMI STADIUM PARKING . OL The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-459 A RESOLUTION AWARDING THE BID RECEIVED JUNE 7, 1973, OF FENCE MASTERS, INC., IN THE ESTIMATED AMOUNT OF $3100 FOR THE MIAMI STADIUM PARKING LOT FENCING B-2594; ALLOCATING THE AMOUNT OF $3472 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 61, AWARD BID - ORANGE BOWL WHEEL CHAIR PLATFORM - 1973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-460 A RESOLUTION AWARDING THE BID RECEIVED JUNE 12, 1973, OF C. A. DAVIS, INC., IN THE ESTIMATED AMOUNT OF $3900 FOR THE ORANGE BOWL- WHEEL CHAIR PLATFORM - 1973; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by REverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 069 • 62, ACCEPT COVENANT - TRANSFORMER VAULT FOR THE ,SANK OF MIAMI MR. Harold Greene representing the Bank of Miami appeared to outline plans for construction of a transformer vaule for the new building to house the Bank. Mr. Greene: Mr. Mayor and members of the Commission, I am Harold Greene from the law firm of Greene and Layne and we represent the Bank of Miami. I would like to introduce Miss Jo Ann Brown, the Assistant Vice President of the Bank of Miami. Mayor Ferre: I am a large stockholder of this bank. I will abstain from voting on this item. Mr. Plummer: About how long will this take? How long will the street will be tied up Sir? Unidentified Architect: I don't know but I want to clarify right now that we are not trying to build this transformer vault under the existing sidewalk. We are going to build the transformer vault under our property and the only thing that we are going • to build in an area between the existing property line and the building line is only an exit to this transformer vault as you can show in this chart. Mr. Greene: What we are trying to explain. First question was how long will it take to get this transformer vaule constructed. Architect: i year. Mr. Plummer: What will be tied up as far as pedestrian traffic or vehicular traffic, if any? Architect: We are going to provide all the protection required by the public works department. Mr. Plummer: Not protection, what impeding will it be of pedestrian traffic or vehicular traffic? Architect: During the construction we are going to protect. Mr. Grimm: Mr. Plummer maybe I can answer the question for him by showing you the proposed sketch. The transformer vault is entirely on their own property. None of it will be within the sidewalk area or the street area so there should be no interference with pedestrian or veh- icular traffic. The reason they are here is because its within the zoned right of way. Mr. Greene: We are setting back 10' behind the existing building line. In other words, under the new zoned right of way code in the City of Miami, we are required to come back further. Our building will start over here. This is the existing building line. The sidewalk that is public is outside of the existing building line and the transformer vault will be built inside our existing building line on our own property but will be on a private sidewalk area inside the existing property line. Mrs. Gordon: Youre in the setback area right? Mr. Greene: Right and partly under the building. Mr. Plummer: There will be nothing to impede pedestrian traffic at all? Mr. Greene: There will be while the building is under construction and while the old one is being torn down, we have to have some kind of a structure to protect the public. Mr. Plummer: Yes, but I mean people can still walk down the sidewalk? Mr. Greene: Right, they will be able to walk down the street. 070 JUN141973 • Mr. Ferencik, Dir.Bldg.Dpt: The demolition cont..ct in this project, Cuyahoga was the demoliton contractor. They got with the City of Miami Police Department, really they did this without our knowledge and they went in there and they provided a pedestrian way on Flagler Street, a protective overhead pedestrian way. On First Avenue between S. First Street and Flagler Street on the east side of the street, the police department told the contractor he could block the entire public right of way, the entire sidewalk. There is a shoe store and the only access to it is off of a little walkway from first street and this is really putting this man out of business. We got the contractor in today and we told him they must redesign that projection there t; provide a pedestrian walkway all the way from S. First Street thru to Flagler Street so that this little store and another little store in there will get pedestrian traffic. Mr. Greene: I understand the problem. We had nothing to do with that particular situation because that's strictly during the period of demolition. What we are talking about here is the period of construction. When we start to build the new building, that will all he open except for the walkway so that we can protect the public while the new building is being built, We did not know up until yesterday in fact that the demolition contractor had gone in there and failed to build any kind of public walkway on that side and that's when we were notified, I think by your office. Mr. Reese: Harold Greene, I think it could be readily answered if we could assure the City Commission, that the public walkway area, so designated, would be available for the people to use at all times. Mr. Greene: We -can put that in as a part of your resolution if you wish. Mr. Reese: I think that's the major question. Mrs. Gordon: Will there be anything of that structure that will be visible above ground? Mr. Greene: Not of the vault structure except for the walk, there is a grill which will be within our property on which people will walk. Its flat and something for them to walk over. Mrs. Gordon: I asked him by way of construction if there was anything that was going to be visible above ground. He said no, only a grill which would be level with the sidewalk. The reason I asked the question was because in my mind, I was wondering if there was any reason why to be technical it had to go before the Planning and Zoning Board. It does not because its level with the ground and its beneath the surface, is that correct? Mr. Ferencik: The permission to do this in the zoned right of way below the ground. Mr. Greene: We have already signed a covenant running with the land which has been delivered and the covenant provides that we can even go out into the street. We posted bonds for this and everything else. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-461 A RESOLUTION ACCEPTINT THE MAY 2, 1973, COVENANT TO RUN WITH THE LAND FROM THE BANK OF MIAMI RELATING TO THE CONSTRUCTION OF A TRANSFORMER VAULT UNDER THE SIDEWALK AREA ON THE EAST SIDE OF S. E. 1 ST AVENUE, 116'+ SOUTH OF THE CENTERLINE OF EAST FLAGLER STREET AND AUTFTORIZING THE ISSUANCE OF A PERMIT FOR SAID TRANSFORMER VAULT 071 (Here follows body of resolution, omitted h 'e and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES:. Messrs. Reboso, Plummer, Reverend Gibson and Mrs. Gordon: ABSTAINING - Mayor Ferre. NOTE: Prior to the resolution, Mayot Ferre announced he would abstain from voting on this application and turned the chair over to Vice Mayor Gibson. Following the adoption of. the resolution, the Mayor resumed the chair. 63, 46 WEST FLAGLER STRI OR USE AS MINI -PARK DISCUSSION OF P Mr. Reese: Thisis a property that is entitled to the City of Miami but its actually, the mortgage is held by the trust of the pension system and the utilization of this building, it is felt that we could relocate it in another building and to make this available for public sale at this time. It has been suggested that this particular site would be suitable for a mini -park. Well I strongly recommend to the City Commission that that not be looked upon as a possibility of a location for a mini -park for the simple reason that the lot is not big enough. It would be an open rectangular area and it would lead 'to a place where people would spend their time and would not give the effect of a mini -park no matter what you do with it. A mini -park should have more then one entrance or exit and it should necessarily be on a corner place or something like that where its out in the open at all times and nobody has a right or a peroggative. Mayor Ferre: There is a little mini-park,can't be more than 30' wide 50' deep in New York City right off of 5th Avenue on 52nd Street. They have arranged it in such a way that there is a fountain, a couple of trees, open space with benches for people to sit. A couple of restaurants and delicatessens are near and everyti.me I walk by I am impressed. Its a well conceived thing. Mr. Reese: If I remember correctly and I think I know the place you are talking about, it is tied in with private enterprise. There is a place to go there. You have private enterprise that is policing it and also servicing it but we have a lot of traffic in the winter time etc. and is not representative of the commercial traffic you would normally have in the center business district and if we open up a facility that would give them a shelter, I am afraid we would leave a problem that would be very difficult to control. Mayor Ferre: How big a property is this Mrs. Reese? Mr. Reese: 36' by 120'. Mayor Ferre: And its right next to - Mrs. Gordon: May I speak to it, I have some thoughts on it and I like the idea of a restful spot downtown where people who work downtown can go and sit down and relax. Maybe they bring their lunches. A lot of working people downtown can't afford the restaurant prices and would enjoy a little spot like this. Maybe a fountain to beautify it, a few trees the Mayor mentioned. I like the idea. I don't see why we should sell it. We can always sell it. Lets first try to make something of it. I agree with you Mr. Mayor. Mayor Ferre: I really think that this pt3rhaps s] .uld be studied a little further Mr. Reese. Perhaps you might have someone in your departments study the possibility of making this into some kind of a an area where there is a quiet place where people can get off of the street, sit down and rest with water and I think it could be done rather nicely. Before we make this decision, I think you ought to - Mr. Reese: Mr. Mayor, the decision that is before the Commission is to determine to sell it or even to set an appraisal on it because somehow we have got to pay off the balance that's due on it. If you aren't going to dispose of it, then the easiest way is for the City to continually use it. Mayor Ferre: We have something called the Downtown Development AUthority. The DDA has a yearly budget which as I recall is close to $400,000 and I don't know whether, there is so much for administration and studies. Every year we make studies and studies and studies. This might be a good place to spend that additional $60,000 we owe. Mr. Reese: That is not the value of this property. Mayor Ferre: I know, only the amount owed on it. Perhaps the Downtown Development Authority could use some of its funds in buying this and this might be one of their projects so I would say before we decide to spend any money getting an appraisal on it, we ought to first of all have Mr. Acton or whichever department you think is appropriate, study it and I would also like to have the Downtown Development Authority comment on this matter. Mr. Reese: Well Mr. Mayor it would really have to be sold at a fair market value. Mayor Ferre: Well Mr. Reese, if its not going to be sold, why should we spend any money on making any appraisals? Isee you see the consensous. You have heard from 3. Mr. Reese: No no, what I am trying to say is if the Downtown Develop- ment Authority buys it, Mayor Ferre: I didn't say they would buy it, all they would do is to donate $60,000 for the City of Miami to own it and maybe they might give us more than that to improve it, I don't know. It might be a project them. Lets look into it. Mr. Levenson: Mr. Mayor may I be heard? My name is Irving B. Levenson and as I told you earlier I am a member of the law firm of Sibley, Gibley Levinson and Ward. We represent the developers of the property immediately adjacent to this property at 44 West Flagler St. Its the Flagler Center Building, a building in construction that is going up 25 story office building. Back in October of last year, we were inter- ested in acquiring this property because we had ascertained that the City property at 46 West Flagler St. which is the water department building and it is put to a nominal use with a few employees in there and all they do is collect water bills which is a post mail business need't be used for that purpose and it doesn't seem to be put to its best use. We were interested in acquiring it not because we wanted to develop it but because of the nature of the lot that we are developing, there is a lack of space and we could use extra elbow room in the construction of our building. Its our only interest really in it. We wrote a letter in October to Mr. Reese and we sent copies to various parties that we thought would be interested in this particular matter. We only received one response and that was from the Downtown Development Authority. They said that they agreed with us in principle that the land was not being put to its best use in terms of public property but they would not want to see a private developer acquire the property. At that point it occurred to us, that we, at that juncture could join hands as a private enterprise, and with the City representing the public sector and do something that would be of long range benefit to the City and of some benefit to us on a very short term basis. What we wanted to do and suggested to do was that we would pay the costs for the demolition of this structure which would cost somewhere around 15 or 20 thousand dollars and that we would leave that site clear and ready for whatever use the city would want to put to it because if you were to sell it and its obvious that Mr. Reese has concluded and I have 073 JUN 14 a letter that indicates that. they are ultimately going to abandon that property. You would have to tear it down no matter what you did with it. Whoever bought it would have to do that so that we could advance that purpose and its real value is not in a building but its in land. We received a letter from Mr. Lucius Williams of the Downtown Development Authority saying that this is an ideal spot for a mini -park. He says its perfect, its ideal, its in the right location, we need some open space there. If we could join hands and you could clear it for us, and we could let you use it for a short time which is all we really care about in terms of our private interest. The long range interest is that we could clear it and you would then have it for this use and he wrote a letter to me saying exactly that. Since that time - Its dated in November. Since October, that's the only response I ever got to our inquiry and I have had several conversations with Mr. Williams since then and the Manager has had this matter under study since October, really, unless my letter was ignored and I had to go through great pains frankly to get this before this ,City Commission so that you could consider this problem. Mrs. Gordon: Were you a prospective purchaser? Mr. Levensen: Initially in October, I wrote a letter and I have it here saying that we were interested in buying at a fair and a reasonable price and made an offer for it and saying we were aware its being put to a nominal use and if there is some hiatus or interim where these few people that are there have to be located, we will arrange for free rent for them for 6 months in the immediate vicinity. We never heard anything - except for Mr. Williams who said, we agree, this building is put to a nominal use, its not put to the best use for the public. If we had to go out and acquire land and current condem- nation, they run very high indeed. As I think Mr. Reese knows. This is a perfect spot. We don;t have to use up bond money, we own it. Lets put it to that use and we can cooperate with you. Mrs.' Gordon: Let me get your interest in it now, I am not following you. You don't want to buy it now, all you want to do is remove the building, for what purpose? Mr. Levenson: Mrs. Gordon: oh. So that we have elbow room in our building. So while you construct your building, you have room to --- Mr. Levenson: That's all. Our only selfish purpose wouldbe that. the cost of demolition. The city of course would gain by Mrs. Gordon: You would pay for the demolition? Mr. Levenson: Of course, and we will be in and out of there within a year. Rev. Gibson: Mr. Mayor, I would like to offer a resolution that this matter be turned over to both or do it jointly if that's the term to be used, Mr. Acton, Mr. Reese and Downtown Development Authority and that they bring us back within 30 days, a recommended suggestion. Mr. Reese: Mr. Mayor and members of the Commission. Mayor Ferre: Rev. Gibson: Mayor Ferre: Mr. Reese wait a moment. Is that in the form of a motion? Thats a motion. Is there a second to that? Mr. Reboso: Second. Mayor Ferre: All right Mr. Reese? 074 JUN 141973 Mr. Reese: I have to reply to this gentleman's observations because the Sibley Law Firm has a tendency to make statements and it shows up in our records and then in 3 or 4 years from now, it ends up in a condemnation suit or something else, then the Manager is quoted that he said such and such, which is taken out of context. In order to get, I know its humorous but - Mr. Levenson: It also isn't true Sir. Mr. Reese: It is true and'I'll prove it to you.' I don't care now. Mr. Levenson: I know you don't. Mayor Ferre: Wait, wait a moment. I'll recognize you - Mr. Reese: That building down there has been used to collect water bills. It was a service that the city has performed for the water department for a number of years. Also its a place where all the occupational licenses as. well as all fees for permits etc is paid out of that place so it isn't just a collection of water bills. It isn't just the activity that was commonly referred to here, but, as I pointed out, there is a standard form letter that we use in our office to notify people, who owns this property. Who owns the mortgage on it and it would have to be put up for public sale, if its to be disposed of. I have been very interested to try to vacate this building and just recently got the agreement that the mortgage is in such condition etc., that now it can be offered for sale so the purpose of bringing it here was to see if the Commission wanted to dispose of it because the first thing we will have to do is hire appraisers, if this is the wish. Now that's the fact and the story. Mayor Ferre: All right, it seems to the that the expression on the part of several Commissioners here is that we study the possibilities of using this property to enhance and I will tell you my personal opinion and that is God knows downtown Miami needs every little bit of green it can get and I realize that this might be a problem of safekeeping and guarding 120' long piece of peoperty, 36' wide but I think we ought to look into it and report back to the Commission with a study and a recommendation and I think you ought to give the Downtown Development Authority since it falls within their area of interest and their purview, the opportunity also to come back with an opinion so we have a motion and a second. Is there any further discussion from the Commission. Please call the roll on the motion. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-462 A RESOLUTION THAT THE POSSIBLE FUTURE USES OF CITY OWNED PROPERTY DESIGNATED AS 46 WEST FLAGLER STREET BE REFERRED JOINTLY TO THE CITY MANAGER, THE DIRECTOR OF THE PLANNING DEPARTMENT AND THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THEIR STUDY AND RECOMMENDATIONS WITH A REPORT TO BE SUB- MITTED TO THE CITY COMMISSION WITHIN A PERIOD OF 30 DAYS (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 • Mayor Ferre: Did you want to say something else? Mr. Levenson: I just did want to say one thing. I believe that, I know that in October, I asked that this matter be put on the agenda so it could be heard then. I know since April 6th when I wrote a letter, I have been getting information from the Manager's Office although I never was able to discuss it with him, that they had had it under study. They have had it under study since April and it is now the middle of June. Mayor Ferre: Well its moving now Sir, is there anything else you want to add? Mr. Levenson: Well I just wondered if there was a time. Mayor Ferre: Yes 30 days is the time on the motion. Mr. Levenson: Thank you. 64, CULMER CENTER Mayor Ferre: We have a letter here from Mr. Arthur H. King Sr. of Culmer Community Service, CAA requesting that on Saturday, June 16th which is the day after tomorrow, from 9 to 4 P.M., there is going to be a cleanup announced by the community action agency and the citizens are going to participate. Mr. King has requested the City of Miami through the City of Miami San- itation Department to help in this citizens action program and they would like the assist of trucks to pick up the trash and the heavy items. Mr. King says that he has spoken to Mr. Jones, Director of the Sanitation Department and he has pledged help but doubted whether he could have men and equipment there on Saturday but would have a full compliment on Monday to pick up. They feel that since a great deal of citizens will be dedicating their time, for such a worthy action, that they ought to be there Saturday to help out. I am bringing this to the attention of the Commission since I guess it would - Mr. Reese: Mr. Mayor, the reason they got the negative action from the department head was that Sanitation and the rest of the departments are overspent in their over time. I will discuss it with Mr. Jones and I am quite sure that it can be rescheduled and worked in such a way that its possible to make this equipment available for cleanup operations in the City of Miami. Mayor Ferre: Of course. We really don't need any action on it then. Would you make sure that Mr. Jones does call Mr. King so he is aware. Thank you very much. 076 65, FEDERAL REVENUE SHARING FUNDS - APPROVING PLAN FOR EX P ENDITURE - PUBLIC HEARING: The C anmission took up for consideration the City Manager's plan for expenditure of Federal Revenue Sharing F>>nds, .tnd the following discussion occurred: M. L. Reese, City,Manager, made the following statement: Mr. Mayor and members of the Commission; this morninc when I mentioned this t don't know if I got it across, but I'd like to reiterate that there is a provision in the Federal R';venue Sharing Act that makes it necessary to advertise in a newspaper of public circulation in the area on June 20th of what your plan is for spending the revenue sharing funds. I was not sure if it was permissible to come in with a plan which would induce and encourage public reaction, aid bring about a public hearing, and afford the City the opportunity then to create a positive program on the spending of these funds, and allow the prerogative of re- porting to the government how the fund was spent. I got this verified from the Secretary of the Treasury's office two days ago that it is permissible. In fact, the thought behind the provision of advertising and putting out a report was to bring about discussion and public reaction, so that we could get the necessary public input to a proposed program. We halve this program prepared to submit. Now what I have been endeavoring to do is, recognizing that the revenue sharing trust fund terminates on July 1, 1976; that if we would follow the plan of programing and spending the money when we had it available in each and every quarter, we would have no funds to carry out the balance of the 1976 budget year, the balance being the period .of time after the July one date; and all of our other programs in the City of Miami are funded from October one to September thirtieth. I then dis- cussed with the Treasury, was it their intent in this legislature, and in their orders, and so on, that the Federal Revenue Sharing money be coordinated in the planning activities to be in keeping with the local budget programming and planning. They said, Yes, this is the definite intent, and the new forms that are coming out are going to carry this in order to reflect the reporting period. So, this program is put together showing a period of time from October one, 1973, through September thirtieth, 1974, showing that what we anticipate receiving by the close of the fourth quarter of the funds that are being made available to the City of Miami on the first page. On the next page, and the fol- lowing pages, we have endeavored to show, in given areas, where there is different needed funding for different purposes. The first two items have been fairly well covered in discussions this morning. Also that Canon Gibson --it's too bad he has left the room --made an observation a little while ago that some of our park programs were not up to par of maybe Metro's, but one of our problems has been over the years that we haven't had our parks open on Saturdays and Sundays with recreational people. We have only had custodial people, in order to make sure that the place was opened and locked up. We are proposing that we expand this program so that we can have it open on Saturdays and Sundays. We are also projecting that we set up our park program to take care of senior citizens. We have some parks now that take care of senior citizens, but we have more senior citizens than we have got park programs. Recently, within the last month, we have set up some park programs for handicapped children, which is something that has not been performed in this area before, or in the City, or the Greater Miami area. Our parks buildings are in a very, very, 077 6-14-73 poor condition, and we have endeavored, through Property Maintenance over the years, to try to get our parks buildings brought up to a condition, but we have not been successful, because vandalism and other activities moved faster than the ability to repair. So I am asking for a hundred and sixty thousand dollars to be made available where we could go out on contract and bring in contractors to bring these buildings up to standard. Then I am sure our Property Maintenance people could definitely keep them in repair. Par benches, we are in dire need of throughout the City. We need an expansion of our mechanization program, so that we are in a position of doing a much better job with less people on our park areas, and we are in a position of moving crews from one park to another and not in a position of trying to staff them with people to do all things in all parks. Another area where most everything so far falls within the priorities of the federal revenue sharing. We have approximately three and a quarter square miles of the City of Miami that has not been exposed to the intensive street lighting program. This has been one of the big deterrants to crime in the City of Miami where it has been applied. I am suggesting that under the priority of crime prevention we use one million six hundred thousand dollars, which would make it possible for us to have high intensity light- ing in the City of Miami by the end of next year. Then, in the law enforcement areas, that we immediately have people trained and make it available to perform the service that we have been per- forming in a limited number of our junior high schools of having police officers there assigned on a cooperative and educational basis. It's the expansion of our scaool resources program that we have been carrying on for some time. The other program is the threshold program; to try to get young people that are not of age to be made available to be employed by this City to look for- ward to them eventually filling professional police officer's jobs and semi -police officer's jobs in the department. We have a number of young people who are available, and with an adequate exposure in training, could make a big contribution toward their own effirts, as well as the policing efforts in the City of Miami. Also that we would make funds available for the necessary tech- nical training, as well as developing and financing the Explorers Program that is going on in the Police Department. I gave you a separate report on what the Explorers Program consists of, but again, it is bringing young people into the police, and making part and parcel of their over-all efforts. But at the present time they have to go out and sell candy bars and other things to try to finance themselves for the meager operation they are per- forming. In the Sanitation area, we still have the major problem of ha -ring the necessary equipment to go out and pick up abandoned refrigerators and abandoned stoves, abandoned dryers, and a lot of davenports and mattresses, and so on; and if we could have that instituted we would be on a definite call basis and be able to do it constantly, and hoping eventually the people would call us before they get it out on the street. (Our rescue service in the City of Miami has gotten to the point where the demands exceed all ability to really service the people. I don't think the merits of this need to be discussed, but I think the need for the additional facilities is definitely recognized and would be to the City's benefit to increase this service. Over the years we have had our fire alarm system tied into the Department of Communications,aid it's manually operated, and it is suggested that for better fire protection in the City of Miami we should consider putting in an automated system that would give us a method of dispatching, of receiving and recording 078 6-14-73 all calls that would be needed for emergency service in the fire area that could be done as mechanically as possible. This would eliminate some of the human errors, and also might be the basic element that could then be expanded in the metropolitan area throughout the entire county to establish the 911 emergency call telephone system. The 911 system can't go in operation until we get some kind of an automated system to put the calls through and get the dispatches in the right area. I would be necessary for the new budget coming up to make available approximately three million dollars for the funding of the budget to pick up the gradual integration that I am hoping to accomplish of the pay raises that were granted this year. One of the things we lack here in the City, and have for a long time, is the ability to rent the neces- sary computer equipment, and also to train the personnel needed to develop as much automation as possible. I don't need to dis- cuss the merits or the economics of this, but it's something we should move forward toward at all times. Our Building Department needs a system whereby we have a much better record system, and also a much more up-to-date system of filing all of our building permits, our plans, blueprints, and so on, as well as having a simple record system. Now, one of the priority items under the Federal Sharing is code enforcement in the buitling area. This would definitely be falling into that category. In reviewing the efforts that have been performed per- taining to the new zoning regulations, it appears that one of the keystones of this whole operation is a comprehensive master plan, that if we don't have a comprehensive master plan we are not in a position to apply any new or modern zoning regulations. It has to be applied against the basic land or comprehensive plan in order to do the type of program that is contemplated under this new zoning regulations. I suggest that we give serious consideration to hiring outside consultants to come in and do this master plan within a specified time limit. It might be necessary to break the community into about four different areas, and have four con- sultants working in different areas and centrally coordinated whereby your end item would be the accomplishment you are looking for, but it will not be dragged out until 1980 or 1985 in this manner. If you endeavor to do it in-house, I think you will fall into the same pattern as has been fallen into by so many different communities, and that is that you never have a comprehensive mas- ter plan. All you have is a patch -work quilt type of a community plan. Recognizing that the county is now working on a land use plan, and also an over-all zoning plan, our comprehensive master plan could be definitely coordinated and tied into this so that there would not be any duplication at all. Now, this is the pro- posed plan that would set up the plans for anticipated expenditures. Now, whatever the Commission modifies or changes on this, when you are finished, I wish you would be in a position that we could go ahead and put it out as a report to be advertised. Mrs. Gordon: I have a question, Mr. Reese, if you would please answer it. The State, as I read in the papers, was going to be allocating to the jurisdictions in this area a larger sum of money than they did before. Have you taken that into 0o nsideration on such items as the one for the three million dollars for ah--- 6-14-73 079 Mr. Reese: Yes, Ma'am; I recognize that we anticipate get- ting in excess of a million dollars, and that has been taken into consideration with this three million dollars for the simple reason that if we didn't anticipate that million ddlars, we would have to come in for over four million dollars on this. Mrs. Gordon: All right; then, the next question that I have is that the item which is budgeted four hundred thousand dollars for day care centers reads, "these day care centers might be planned to operate as at these locations only in the City", and I am very concerned --- (Unintelligible comment) Mrs. Gordon: All right; in other words, you will say, but not limited to these locations. I am very concerned that the four hundred thousand dollars is hardly enough. It's not even a drop in the bucket to the needs, and with the amount of millions that we are being given from revenue sharing, I think our children are in need --and I don't think just those in the poverty areas --I am speaking for all the children of working mothers, who maybe would be in the poverty areas, if they weren't working --and these child- ren need to'have some facilities, too; at least twice as many as what you have allocated here. You have five areas allocated. Ten wouldn't serve the needs of the community. There are thousands of children that need this kind of assistance. The mothers are working, and the children do not have a facility to go to; so I would hope that you would --well, let me ask you this; the Revenue Sharing Committee gave you an analysis, I believe, of what they felt was necessary. Did they in their analysis advocate the sum of this amount or more? Mr. Reese: The Committee, per se, didn't supply any money figures, because they were not supplied the basic figures, other than the gross amount; and under the first grant that we got, as you know, that money was definitely used for salary raises and property purchases; or it's planned for that purpose; so their study has been on priorities. This four hundred thousand dollar figure was the figure that Ray Goode put in his budget, and it was released as such; that there was four hundred thousand dollars that should be made available from all of the municipalities out of their federal revenue sharing funds to meet the needs of the Day care centers. Now, this is what he put in his budget, because under the community action program they have been carrying on the program for years, and they have expanded it; so I felt that we have the mass, the largest part of the population of the whole area, and would recognize this, and that's how I arrived at the four hundred thousand dollars. The County has been carrying on a program of day care centers through this community action program for some time, and this was a means of supplementing that in their action. This is what they proposed. Mrs. Gordon: Yes, but that just takes care of the children, as I said before, in the poverty level, and we need to provide for the other children, too; all the children. Another thing: Would the four hundred thousand be budgeted for capital improvements, as well as operating expenses? 6-14-73 080 Mr. Reese: No; this was only for operating expenses. Mrs. Gordon: And who produces these facilities that these children will be occupying? Mr. Reese: There are -the ones that are listed here have buildings and facilities on them; and most of our parks. Now there are also perimeter activities that are servicing the City that are not in the City; Brownsville, for an example, and I think there is one up in the Coconut Grove area that is the City and Coral Gables, and part of the County. Mrs. Gordon: Mr. Reese, I want to compliment you on some parts of this, because I think that you are far-sighted in your making provisions for the comprehensive plan and other factors, but I really feel that this particular portion, the four hundred thousand, is so far below what is needed; and since the funds can be re -arranged, has the revenue sharing committee taken a look at these recommendations that you are making to us? Mr. Reese: No, Mrs. Gordon, this was concluded this morning. Actually ---- Mrs. Gordon: Well, wouldn't it be a good idea to ask them, before we took any action at all on this, to take a look at this, to say, we are set up for this purpose? Mr. Reese: Well, Mrs. Gordon and members of the Commission, I recognize the revenue sharing committee was set up for this purpose, but the revenue sharing committee was not set up to do the Commission's job of allocating the money. This is their responsibility; and I would suggest that this be made available to that committee, and then at that public hearing, let them come in and express themselves that this is not a sufficient dollars to do such and such. Mrs. Gordon: Are you asking to take some action today on this, though, aren't you? Mr. Reese: I am asking you, please; this is only a plan, so we can get it advertised, so you can --and at the public hearing you can shoot the daylights out of it. Mayor Ferre: Mr. Reese, let me, just for everybody's --let me repeat what you just said --let me para prase it a little bit. What we are going to do here is we are going to comply with the law; we are going to comply with the requirements of the Treasury Department of the United States, of how we go about spending seven million, eight hundred thousand dollars, approximately, that they make available to us, and what they have told us, in effect, is that we must, on record, by June the 20th, advertise a proposed series of expenditures. Now, that does not mean, in any way, that that's the way we are going to spend the money; that this is the way that the administration has recommended, and that we put, not an endorsement, but an agreement to advertise it for the purpose of a public hearing. At that public hearing we will hear from the people of Miami. It will be advertised and let the people of Miami have the opportunity to come in here and express their needs, their concerns, their agreements; their disagreements. I know that our friend Ernie Fannatto is going to 6-14-73 08i be here talking for the taxpayers --sit down, Ernie, we are not going to recognize you now --I was speaking for you. I thought maybe we would save some time. And there will be others who will also be here, and they will be recognized, and I am sure there will be many people at that public hearing. Now, after we have had a public hearing, then this Commission will go on record specifically and officially designating as to where these funds will be spent, and will so instruct the City Manager to put them in the budget in October, and at that time we will communicate with the Treasury Department telling them how these moneys have been spent. Now that's the procedure, as I understand it. Now, there is one other question before us, and I think it is a moral question of this Commission, and even though I was not on the Commission before I think the Mayor designated a special committee headed by Mr. Dan Paul to recommend to the Commission the expend- itures of these moneys. Now that was in reference to the past budget, but I am sure it is extensive to the future budget. Lbw, I agree with Mr. Reese. I think that the way to proceed in honor of this commitment, and Mr. Dan's committee, is to submit to him a copy of the proposed plan that will be advertised, and he can call his committee together to discuss it and come back with specific recommendations. When he comes back with those recom- mendations, they will be considered --along with others, I am sure -- before this commission, and I am sure that this commission will be perfectly happy to allocate time to Mr. Dan Paul, and to any- body else who wants to speak, at the appropriate time. Now that's where we are. Reverend Gibson: Vt. Mayor; two things, I want to make further comment. I hope- -and you have expressed it, and Mr. Reese has expressed it-- and Mrs. Gordon has expressed it --I don't like us to appoint citizens to do things --then, you know, we pro- ceed. I understand --I know; but I am pretty sure that those people --I am talking about the committee now --but what I am saying is that we are adopting this in philosophy, and I am concerned that when that committee has an opportunity to look, that we ought to at least listen to them. I am not being critical, but I am a little disturbed that those people gave their time and they felt -- I can only say what was said to me --they felt that they were not listened to. Now the second thing is this: We are going to get a group of consultants, or a consultant, or some consultants --I see three hundred ninety-one thousand dollars. This sum of money doesn't bother me; but you know I .just don't think anybody in New York could tell me what I ought to do about Miami, because I go to New York, and as soon as I can get out I am back here. Now, I would hope there ought to be enough honorable, genuine, sincere people in this City, in the City of Miami; architects, engineers, landscape architects, and some of these other people; just good business people, who eventually must bear the burden of this whole business of the City; not in this money thing; who would be honest enough with us to say, this is what we believe ought to be for Miami. Now, I say that very prayerfully,because I just have some mixed emotions about, every time I want advice I ask people in New York --and I make this final comment: Mr. Bailey is the best example for me. Here Mr. Bailey is right here. We went on the New York Bond Market, only to find out that we have as good a man here, along with the others in his department --and of course, in my church, you know, the Bishop doesn't know the organist, and the Sexton and the other people; the Bishop knows the Rector; and you know. He is right here, and I think we have a pretty good staff around here. I am not saying that the staff ought to be the 082 6-14-73 consultants, but I think that a citizens group --because I heard this comment --and I'll end with this --we are just tired of every time getting consultants; making a study, and then we end up in the library. We aren't going to do that this time, I am pretty sure, but I'd like to see us, before we go to California or New York or New Jersey, consider some possibility of having the people who live with this problem daily helping us to devise a plan. Mayor Ferre: Father, I don't like to disagree with you --and I am not going to disagree with you too much, but I hope you will forgive me for saying this. I expressed at the last hearing we had here on the zoning and planning reorganization several things. One is that no plan is better than the people that are going to perform under it. Two; that we did need, in my opinion, a new plan; and three --and I think just as important as anything else -- is that this city very badly needs a new master plan. I think that this is a key factor to anything that we do in the future. Now, this is a relatively small city, the City of Miami --I am talking about the jurbdiction of the City of Miami itself --and even though I think that Mr. Acton and his staff are capable people, I think, as you just stated a moment ago; that you weren't recommending that Mr. Acton do this alone. Now the county is somewhat different, because the county has a much larger staff, and they have been working on this master plan for a much larger time. Now, I think, along with you, I conclude that we do need some outside help. That doesn't mean that Mr. Acton is not going to be pert of the staff of this master plan. The question, then, comes up as to whether or not we should in any way limit this to planning firms in the City of Miami; and here I think we have got to distinguish between --this is not an architectural program, and this is not a landscape program-- this is something dealing with a master plan. Now I want to use the example, if I may, because I think it's very much appropos of Professor Bartley. Professor Bartley is an expert in another complicated field --and he is not from Miami; he is from Gainesville. Now the point that I am try- ing to make is that I am sure that there are capable people in Miami to do a zoning study, but sometimes, in these rather com- plicated technical matters, it is not like going to get an architect --and there are a lot of wonderful,. capable architects in Miami, but when you get involved in the area of city planning you get involved in areas which are highly technical and very difficult, and I, for one, sometimes dcn't understand half the things that those fellows come up with, and I guess that's not speaking too much for those planners; that we can't understand them; but I think we have got to be careful --and I don't disagree with you completely, because there might be some people within Dade County who have the capacity, but I would want to be very careful not to limit it to just the people in Dade County, be- cause if the best man is Pey, and he is a Chinaman up in New York, then I think that is the guy we ought to use --I just picked that out of the hat --I know that Mr. Pay is not a planner; he is an architect --I just used that as an example, because I don't know too many planners; but I think that we ought to let the Manager look around for --first; and I agree with you; within Miami, or within Dade County, but if he can't find someone, and Mr. Acton and the Department can't find someone of a high enough caliber to do this job, I think we have got to be real careful not to limit him. Reverend Gibson: Mr. Mayor, please, I am never arguing for mediocrity. I always want excellence, but I just find it hard ow 6-14-73 083 or let me put it the other way; I would hope that when we start talking about a master plan for this city we use the best avail- able material --and let's put it in the reverse; not to exclude the people who are here, because usually --what I am trying tc say --that's what's done; they exclude the people who are here, and all the other people who are in New York look for the people here, and we look'for the people in New York. That's all I am saying --and I just want to make sure that we use what we have; the best material that will bring us the best product, and do it a pronto. Mayor Ferre: I agree with that. All right, now, I think we have heard a lot about this. Is there any further discussion on this matter? Reverend Gibson: Do we need a motion? Mayor Ferre: I think we need several motions. We need one motion to advertise; we need a second motion to cr.11 for a public hearing; and I think we need a third motion to recommend specifically to Mr. Paul's committee, the Revenue Sharing Committee, that they study this and specifically come back to the City Commission --and I wouldn't put them --and I say this as a matter of tact --I don't say that they should come to the public hearing. I think, if they want to come and talk to us before then that we ought to allocate time on the City Commission --- Reverend Gibson: Right: Mayor Ferre: --(continuing)--and if they have some changes or recommendations, or things, I think they have been constituted as a committee to do this and we ought to give them a little special attention. Reverend Gibson: I move you, sir, that we advertise the plan as suggested by the City Manager, in principle. Mrs. Gordon: Well, in principle --I am not in favor of the principle of the way it is allocated, so if we go on principle I can't vote with it. If we advertise it as being the legal framework of what the law requires --- Reverend Gibson: Well, that's the sense of the motion. Mrs. Gordon: O.K. Mayor Ferre: We are advertising to publicize this; but let's be very clear on this, because I don't think we want any misconceptions on this. What we are doing now is the City of Miami Commission is endorsing this plan for the purpose of adver- tising, but that means that you are saying that, gentlemen, unless we hear otherwise, or unless we change it, which we can --and I, want to make sure that Mrs. Gordon understands it --that after a public hearing we are going to get to the nitty-gritty specifics of this, and you can say that at that time, I don't want this item, and I want that one, and I want this one twice as big, and I want to eliminate these three items. Mrs. Gordon: I don't want the public of the City of Miami to think that I am endorsing the allocations as outlined in this program, and what will there be in the advertising to let them know? 6-14-73 084 Mayor Ferre: You can amend it or you can vote against it. We now have a motion. Let's see if we have a second. There is a motion on the floor to advertise for public hearing and to tell the Treasury Department of our preliminary plans, as recommended by Manager Reese in his memorandum to us dated June 14th, and reviewed this afternoon. The motion was seconded by Mr. Reboso. Mayor Ferre: Now, is there any further discussion? Mrs. Gordon: Yes; would Mr. Turner, or Mr. Reese, one of them, read that law that says we have to advertise on the hearing? Mayor Ferre: I have got it here --where is it? Mr. Plummer: Father Gibson, for the record, I think that it might be more acceptable to Mrs. Gordon --at least I know it will be more acceptable to me --that if the motion is termed pro- posed plan, rather than primary plan. There is a difference. Reverend Gibson: Mr. Plummer, I have no problem with pro- posed plan, but my understanding is that we are just carrying out a legal requirement, and we are going to do this; we are going to open our treasury at the proper time. Mr. Reese: Yes, sir; the Commission doesn't need to recog- nize any one of these, providing I+ou substitute the items that would fall within priorities set forth in the --- Mayor Ferre: All right; it goes like this: Public Law 92-592 92nd Congress, House Resolution1437O, October 20, 1972, titled Financial Assistance, State and Local Governments, Federal Sharing. Public Disclosure. Local governments must submit re- port on how they plan to spend their money and how they, in fact, spend the money. Those are two distinct and separate requirements -- those are my own words. The report must be published in general circulating newspapers within the geographical area; the report that is to be published on June 20th for the plan on how we anti- cipate spending the money. After June 29th it will be necessary to file a report with the Federal Government on exactly how we did spend the money. Now these are two distinct and different require- ments. What we are doing, in effect, now --(brief discussion -- unintelligible) --we will have to ask Mr. Reese that. Must it be published on June 20th? Mr. Reese: Yes; Public Disclosure. Local Governments must submit reports on how they plan to spend their money and how they, in fact, spend the money. Mayor Ferre: That's what I just read. Mr. Reese: Yes. Now, first of all, we must publish by June 20th how we plan on spending it. After the 29th of June, we will then get the reporting form to show how we spent the money, and we are not obligated to spend it as we plan on spending it, provid- ing we spend it within the priorities set forth in the Federal Revenue Sharing, and the priorities are: ordinary and necessary 6-14-73 085 maintenance and operation expense for public safety, including law enforcement, fire protection, building code enforcement. Mayor Ferre: I think it's very clear. City Clerk: Mr. Commissioners and Mr. Manager and Mr. City Attorney, I am not sure that we can get that entire report pub- lished in the Herald and the News, because they want more time; and I don't know whether the Miami Review --- Mayor Ferre: Today is the 14th. You mean they won't let you publish it? City Clerk: On real long notices like that they usually want a little more time. Mayor Ferre: I don't think this is very long, is it, Mr. Reese? sure Mr. Reese: Well, we have to publish it all; and I am quite that we can get it published in the sense of a legal notice. City Clerk: Well, we'll do our best. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-463 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PUBLISH A NOTICE, IN ACCORDANCE WITH PUBLIC LAW 92-592 - 92ND CONGRESS, H R 14370, OCTOBER 20, 1972, TITLE i - FINANCIAL AS- SISTANCE, STATE AND LOCAL GOVERNMENTS (FEDERAL SHARING) PUBLIC DISCLOSURE, INFORM- ING THE PUBLIC OF THE CITY OF MIAMI'S PLAN FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS WHICH THE CITY OF MIAMI IS EXPECTING TO RECEIVE DURING THE CALENDAR YEAR 1973 BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: That the proper officials of the City of Miami be, and they are, hereby authorized and directed to publish a notice in accordance with Public Law 92-592 - 92nd Congress, H R 14370, October 20, 1972, Title I - Financial Assistance, State and Local Governments ( Federal Sharing) Public Disclosure, inform- ing the public of the City of Miami's plan for the expenditure of Federal Revenue Sharing Funds which the City of Miami is expect- ing to receiving during the calendar year 1973. Upon being seconded by Mr. Reboso the and adopted by the following vote - AYES: Gordon, Mr. Plummer, Mr. Reboso and Mayor resolution was passed Reverend Gibson, Mrs. Ferre. NOES: None. 6-14- 73 086 • The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-464 A RESOLUTION ESTABLISHING THE DATE OF JULY 12, 1973, FROM 2:00 O'CLOCK P.M. UNTIL 4:00 O'CLOCK P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO BE HELD BY THE CITY COMMISSION TO CONSIDER THE CITY OF MIAMI'S PLAN FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS EXPECTED TO BE RECEIVED BY THE CITY OF MIAMI DUR- ING THE 1973 CALENDAR YEAR BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: That July 12, 1973, from 2:00 o'clock P.M. until 4:00 o'clock P.M. be, and it is, hereby fixed as the date and time for a public hearing to be held by the City Commission to con- sider the City of Miami's plan for the expenditure of Federal Revenue Sharing Funds expected to be received by the City of Miami during the 1973 calendar year. Upon being being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Reboso, Mr. Plummer and Mayor Ferre. NOES: None. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-465 A RESOLUTION REFERRING A PROPOSED PLAN FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS WHICH THE CITY OF MIAMI IS EXPECTING TO RECEIVE DURING THE CALENDAR YEAR 1973 TO THE MAYOR'S COMMITTEE ON FEDERAL REVENUE SHARING FOR ITS ANALYSIS; AND REQUESTING SAID COMMITTEE TO SUBMIT ITS REPORT TO THE CITY COMMISSION AT ITS NEXT REGULAR MEETING TO BE HELD ON JUNE 28, 1973 BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: That a proposed plan for the expenditure of Federal Revenue Sharing Funds which the City of Miami is expecting to receive during the calendar year 1973 be, and it is, hereby referred to the Mayor's Committee on Federal Revenue Sharing for its analysis. That said committee be, and it is, hereby requested to sub- mit its report and recommendations to the City Commission at its next regular meeting to be held on June 28, 1973. 6-14-73 087 5Z. Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. RETIREMENT SYSTEM - CONTINUING FIRST NATIONAL BANK OF MIAMI AS TRUSTEE UNTIL SUCCESSOR IS DESIGNATED: Upon the recommendation of the C:.ty Manager, the following resolution was introduced by Reverend Gibson, who moved its adoption: RESQJ4UTION NO. 73-466 A RESOLUTION AUTHORIZING THE FIRST NATIONAL BANK OF MIAMI, MIAMI, FLORIDA, TO DELAY THE TRANSFER AND ASSIGNMENT OF THE TRUST ESTATE BELONGING TO THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM AND THE MIAMI GENERAL EMPLOYEES' RETIREMENT PLAN, AND TO PERFORM THE DUTIES OF TRUSTEE UNTIL SUCH TIME AS A SUCCESSOR TRUSTEE IS IDENTIFIED AND DESIG- NATED BY THE CITY COMMISSION, AND FURTHER ESTABLISHING A THIRTY (30) DAY MINIMUM AD- VANCE NOTICE BEFORE.THE DESIRED TRANSFER AND ASSIGNMENT DATE (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. AGMT - UNIVERSITY OF MIAMI - ELECTRICAL TECHNICIAN: Upon the recommendation of the City Manager, the follow- ing resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-467 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF MIAMI EXTENDING THE PREVIOUS AGREEMENT ORIGINALLY DATED AUGUST 14, 1970, WHEREBY THE CITY OF MIAMI AGREED TO FURNISH AN ELECTRICAL TECH- NICIAN TO THE UNIVERSITY OF MIAMI AT AN ANNUAL SALARY OF $7,905.60, TO BE REIMBURSED TO THE CITY BY THE UNIVERSITY OF MIAMI (Here follows body of the resolution, omitted here and on file in the City Clerk's office) 6-14-73 088 58, ALCOHOLIC REHABILITATION PROGRAM: Mr. Plummer: Mr. Reese, tell me, what is the posture at this time of the alcoholic program that is supposed to go into play at the end of this month? I have heard some con- troversy that it might not go into effect; where they won't arrest drunks any more. Are you familiar with that? Act. M. L. Reese, City Manager: Yotire referring to the Meyers Mr. Plummer: Yes. Mr. Reese: The Meyers Act is being funded by the State Government, and it will partially go into effect. Now what part of it I haven't been able to find out, but only part of the total act will be put into effect this year, and the balance of it will follow throughout the year. Mr. Plummer: When you get some information, would you in- form us? Mr. Reese: Surely. I haven't received all of the informa- tion on the State Legislation as yet, and I am trying to get it all together, so I can inform you. 69, PLANNING AND ZONING PROCEDURES - PROPOSED CHANGES: The Commission took up for consideration suggested changes in the City of Miami's planning and zoning procedures, submitted by Dr. Ernest R. Bartley, pursuant to a charter amendment approved by the electorate of the City .of Miami in 1972; and the following discussion occurred: Mayor Ferre: I would like to recommend that we approach this in the same manner as the Legislature does in committee meetings, and go over the, Dr. Bartley's proposed documents on a line by line basis, reading it. As we go along we will take turns reading this, and then we will take the proposed amendments as they come up, from both the Manager's office and the City Attorney's office, on an item by item basis, and vote upon them on an item by item basis. As we complete a section --and I would pro- pose that the Commission vote on each section as it goes along -- and that as we finish, that we then vote on the final document for the purposes of calling a public hearing; and I don't see any reason why we can't do that as we stated, in what we have left of this meeting, and in the next meeting, which I think was scheduled on the 28th. In other words, I am recommending that we do this the way a legislative body does it. Mrs. Gordon: Would it also, in your opinion, be a good idea to pass this in principle first, and then proceed on the basis of what you are talking about? Mayor Ferre: I think that would be contrary to the pur- poses which I have outlined. In other words, what we are going to do is we are going to read it on a line basis and approve it on a section basis, with amendments, and then finally approve the final documents. Mrs. Gordon: O.K.; no argument whatsoever. 6-14-73 089 Reverend Gibson: Mr. Mayor, let me ask this: Maybe this isn't the thing to do --I know this is, perhaps, one of the most trouble- some areas of our responsibility. I have no doubt in my mind. I have been disturbed that fifty -plus per cent., sometimes, of our time goes into the hearing of zoning matters. I am not always good at asuaging wounds and easing pain; that's not my way of living, but I do become sensitive of human feeling every so often --I guess, because I have to preside --I am the last to preside --No, no, I am sorry, J. L. (Mr. Plummer) is; I am just before J. L. in order --I just wondered --have we asked the Planning and Zoning Board whether or not they have read this document? Have we asked them to react? Let me say this: I am going to vote my conscience; what I think to be best for the City, regardless; but I may need them again. That's all I am saying. I am being very diplomatic, I guess. We need this document. We should have had it yesterday. But I would wonder, Mr. Mayor, if we shouldn't have asked them to respond, to react. Then we go on and do what we need to do in view of what we have heard. Mayor Ferre: I know what you are telling me, and I agree with you, but I want to put it this way. I'll tell you my opinion; the way I see it. I think the City of Miami Zoning and Planning Board has been fully aware of the proceedings, and what we have here right now is a commission meeting. This is not a public hearing. I am not going to accept any statements by the public today, except on questions. I am sure there are going to be a lot of questions asked here, and then as these questions are asked by the Commission I will recognize the various people who want to speak on these questions, and we will proceed that way, but this is a Commission meeting on this matter. And we are going to have another one like that; and hopefully between these two meetings we are going to come to some kind of a conclusion on this document; and then we are going to call for a public hearing. Isn't that the way we set this? Mr. Reese: Yes, Sir. Mayor Ferre: And then after the public hearing we are going to finalize it and say, all right; this is what we are to vote on; and then we are going to let the public have one more crack at it --and I would hope ghat there are not going to be too many people present at that last public hearing --and then we are just going to put it on the --- Mr. Plummer: How long to we propose to go today? Mayor Ferre: Well, I think this is going to take well over an hour --I would say an hour and a half --and if we get moving quickly we can be out of here, maybe, a little after six. Mr. Plummer: I'll have to apologize, but I must leave here at five, twenty. Mayor Ferre: Well, then, let's move on rather quickly. I would say, Father Gibson, that the members of the Planning and Zoning Board have the opportunity to be here at this meeting 6-14-73 090 and the next meeting, and to be heard, and I would, similar to what we did with Dan Paul's committee; if they want to come in here. They have got this as a public document. I think everybody has it, and as I recall this matter, I have been told, has been mailed to many people. Reverend Gibson: Mr. Mayor, this is what I am saying: I don't disagree with you. You know, there is such a thing as telling a man, go to Hell. In other words, saying, Man, you know, you can go to Hell. I do that daily for a living. You can't believe it. Would it be beyond reason to say to the Zoning Board, I want you to react to this; and we go right on doing what we are going to do now. Let's keep right on; but I would like to have them react. My Bretheren, there is nothing like asking citizens to work for you. I move you, sir, if this is proper, that the Commission would ask the Planning and Zoning Board, as it presently is constituted, to formally react to this recommendation. Mr. Plummer: Wait a minute. I think you are missing something. The Chairman of that committee, Mr. Mile Martinez, appeared here at the last Commission meeting stating that he, in behalf of the Zoning Board, wished to have an input into this document, and asked when would it be proper that they make their input known to this Commission, and he was instructed that the first meeting in July, which is a public hearing, would be the proper forum to hear from him and the other members. Mayor Ferre: Yes, but what Father Gibson is saying --and I think I agree with him, J. L.--let's give them an opportunity if they want it --.it's just : a question of diplomatic tact, if you will. Reverend Gibson: Right; and if they agree with certain sections, beautiful. If they disagree, beautiful right on. We have a right --they have a right to disagree. They have been serving us as a public body, and we are going on and do what-3 hope we are going to do what is best for the citizens; but we do want to hear from them. They have some experience that we don't have. At least I don't have. Mrs. Gordon: May I give you some information? I want to tell you that the members of the Planning and Zoning Board irobably have become very well acquainted with this, because most of them served on the task force committee, with the ex- ception of maybe one or two people; so their input has come in through the citizens task force committee, and some of those people who are involved are here now --the Chairman of one of the sub -committees, Mr. Pancoast, can attest to that. They did have their input, and if you are asking for a recommendation from them --Is that what you are asking? Mayor Ferre: The thing is --I think Father Gibson is --and I agree with what he is saying, and what he is saying is --let me paraphrase it --is that this task force is not an official body of the City of Miami; whereas the Planning and Zoning Board is an official chartered part of the City of Miami. They are involved on a day-to-day basis, or week -to -week, or whatever it is, on these matters; that they should officially be asked to comment officially; not as part of the task force, but as part of an organized body within the City of Miami; and I think all he is saying is that this is a diplomatic and tactful way of 091 6-14-73 • doing it, and there is nothing wrong with asking people to cooperate, or to express their opinion. That's all we are doing, right? Reverend Gibson: That's all. Mrs. Gordon: Father Gibson, you are not intending any delay in --- Reverend Gibson: Not at all. They know what our time- table is like. They can make their critique if they wish. 7i they don't want to, that's all right. We will have given them an opportunity. Mayor Ferre: We are stating that we are having a work session today; a work session on the 28th; a public hearing on the 12th; and the last public hearing the first week in Septem- ber. Mrs. Gordon: Were we skipping the last meeting in July, Mr. Mayor? Mayor Ferre: The reason for that, as you will recall, Mrs. Gordon, was --and Mr. Reese pointed out --that most people -- first of all that this Commission probably will be on vacation --- Mrs. Gordon: No; we are talking about the last meeting in July for second reading. The, first reading on the 12th of July. I think we miscalculated the last time. Mayor Ferre: Wait a minute. I am sorry. I beg your pardon. We have a work session on the 14th; then we have the next work session on the 12th; is that right? City Clerk: On the 28th. Mrs. Gordon: No; we have the next work session on the 28th, and the first public hearing on the 12th, and the second public hearing on the 28th. I think we miscalculated last time when we were --- Mayor Ferre: No; I don't think so. Somebody clarify it. Mr. Plummer: I'll clarify it, because I made the motion. We have a work session on today. We have a work session on the 28th. We have the first public hearing on the 12th. We have the second public hearing and first reading on the 26th of July; the third and final hearing for adoption will be on the first meeting in September, whichever that is. City Clerk: That's the way the minutes reflect it. Mrs. Gordon: I know that's the way they reflect it, but I didn't understand why we weren't going to take any action on the 12th. Mayor Ferre: We are going to take action on the 26th. Mrs. Gordon: Well, we are going to have a public hearing on the 12th. Does that preclude our taking any action on the 12th? 6-14-73 092 Mayor Ferre: Yes; ::t has to be re -drafted in final form. And then we are going to take action on the 26th. Mr. Reese: Because there will be corrections made. Mayor Ferre: I am sure the editorial that has some ob- jections to our time is not going to really have any real serious objection to our delaying this a matter of thirteen days. I don't think it's going to make that much of a difference. Mrs. Gordon: What thirteen days are you talking about? Mayor Ferre: From the 12th to the 26th. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-468 A RESOLUTION REQUESTING THE MEMBERS OF THE PRESENT CITY OF MIAMI PLANNING AND ZONING BOARD TO FORMALLY STUDY AND REACT TO THE PROPOSALS AS SUBMITTED BY DR. ERNEST BARTLEY ON THE PROPOSED RESTRUCTURING OF THE PLANNING AND ZONING FUNCTIONS OF THE CITY OF MIAMI, AND TO SUBMIT THEIR RECOM- MENDATIONS TO THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Ferre: Now lets take up, on page number one of the draft dated May 25, 1973, Article.I, Comprehensive Planning, Section 1,purpose and intent. Dr. Bartley, I am going to impose on you and ask you and Professor Mantel, and Lester Pancoast to take turns reading this page by page, and if we start -trading down too much --now we are going to stop you and ask questions on a line -by-line basis, and when Mr. Reese comes to those sections where you have any correc- tions, objections or recommendations, would you please ask the Chair for recognition, and we will proceed that way. The same way with the City Attorney. Dr. Bartley: Let me say, first of all, that I shall have to leave at 5:15 today, but I am sure that Mr. Acton, Mr. Whipple and Professor Mantel and Mr. Pancoast can certainly carry on. Mayor Ferre: Well, let me ask you, then, as a courtesy to you, since you have to be leaving in half an hour; is there any- thing that you want to add to this document at this point? Dr. Bartley: No, sir; and I have had an opportunity to go over rather hurriedly to be sure the comments that Mr. Reese has on the draft, and there are only one or two of those that are substantive. There are one or two that relate directly to matters 6-14-73 093 1 of policy. I guess in sum what I am saying, in so far as Mr. Reese's memorandum is concerned, I have no basic objection. Mayor Ferre: Dr. Bartley, I'll tell you what let's do, since you have to go in half an hour, and since there are mat- ters of substance, maybe we can expedite this and do it a little quicker. You said there were two matters of substance in Mr. Reese's memorandum. Would you address yourself to those, and then we will take --- Dr. Bartley: Mr. Reese has called attention to the mater- ial at the top of page 2. I would have to ask him to explain his comments on that. I don't quite understand its relationship, Mr. Reese, to the material on the draft, page 7, line 27. Are you suggesting, sir, that -the board is to serve as an instrument of coordination in all phases and aspects of the comprehensive planning program authorized by Section 72 of the charter. Are you suggesting that this is phraseology in terms of the City Commission rather than the board? Mr. Reese: Well, what I am really suggesting is that the electorate voted on it at the ballot box, and I endeavored to quote it the way the --- Dr. Bartley: Page 2 of Mr. Reese's memorandum, as it re- lates --- Mr. Reese: And in this paragraph it quotes, at the top of that, of what the ballot, or how the ballot was stated whereby the people voted; and throughout this document here it raises questions from time to time that really is in conflict with what was acted upon by the electorate. Dr. Bartley: In what regard? I am afraid, Mr. Reese, I am a little bit dense. Mr. Reese: Maybe I am splitting hairs here as far as technicalities. It authorizes, by Section 72, provides for the creation, by ordinance, of the Planning and Zoning Board, and their duties and responsibilities. Therefore, the board is to serve as an instrument of coordination in all phases and aspects of the comprehensive planning program, as authrorized by ordinance to be adopted by the City Commission; and this is not in keeping with what was adopted under the ballot, in my inter- pretation, now. This is something that is falling over into the legal area definitely, because on the ballot it was stated, shall Section 72 of the City of Miami Charter be amended by deleting said Section 72 in its entirety, or by substituting therefor a new Section 72 entitled Planning and Plan implementa- tion. That is really the nub of the question, so rather it has to be amended, really,by ordinance. I was under the impression -- and this document here leads me to believe --that Section 72; that there could be a new section written. Dr. Bartley: Still I must apologize. I am afraid I still don't understand. 6-14-73 0944 Mr. Reese: Well under Section 72--I think it's right in the Charter in front of me --we talk in terms of a Planning and Zoning Board. Dr. Bartley: We speak of boards in the ordinance; we do not give them any name --I mean in the charter amendment; we do not give them any name. Mr. Reese: No; you are proposing a charter amendment. Dr. Bartley: I beg pardon, sir. Mr. Reese: In your proposed charter amendment? Dr. Bartley: This is not charter material. Mr. Reese: No; I am asking the question, sir; because you talk about the board is to serve as an instrument of coordination in all phases and aspects of comprehensive planning program authorized by Section 72 of the charter of Miami. Now, I say that the section 72 authorizes the Zity Commission to create by ordinance, and take on certain activities by ordinance. Now, are you saying that this authority was granted by the electorate to take this step? This is the nub of the question. Dr. Bartley: Yes, sir. Mrs. Gordon: Are you disputing the authority, Mr. Reese? Mr. Reese: I raised the question. That's all. I raised it. Dr. Bartley: I think quite clearly, Mr. Reese, by the terms of the amendment adopted in October, that the step which is pro- posed in the draft that you have before you is authorized, if I understand the question. Mr. Reese: Well I think it shouldn't be debated on, but I think it ought to be something that the City Attorney definitely looks at; looks at very carefully, to see if the charter was ac- tually amended in the way that you are anticipating carrying out this program. Mayor Ferre: Well didn't the City Attorney draft the charter change? Mr. Reese: But now it is being interpreted. Mrs. Gordon: So what's wrong? Mr. Reese: I am questioning whether it was interpreted in keeping with what was on the ballot. That's all. Dr. Bartley: Mr. Reese is raising a very fundamental ques- tion as to whether or not the drafts that you have before you are valid within the context of the charter change. In response to an inaudible question by Mr. Plummer as to whether or not this document may be exceeding the authority given in the charter, Mr. Reese made the following reply: No; I just read something one way. Mayor Ferre: It's pretty basic. 095 6-14-73 Mr. Reese: Then I say, well, I can only read this to give certain limited considerations. There is a possibility, and I say it is something that should be fully explored. Mrs. Gordon: The intention of the people who went to the polls, by a two -to -one majority last November, overwhelmingly voted to modernize the structure of Planning and Zoning, and I can't see why splitting hairs at this time is complying with the wishes of the people. Mayor Ferre: That's not in question, Mrs. Gordon. That's not what he is saying. What he is saying is, he is asking for a legal clarification as to whether or not this document that is before us is within the purview, as established by law, and the charter, and by the charter amendment as passed by the voters last year; and I am not an attorney --and I don't think you are -- and I don't think anybody on this table is --so, therefore, a^ - cording to our charter, since Mr. Reese is entitled to ask questions, as our Manager, and he has brought up a substantial question. He is asking the City Attorney for a ruling. Now I'll back him on that. We want a ruling from the City Attorney on that question that Mr. Reese has brought up. Mr. Harris Turner, Assistant City Attorney: I had to get a document, an ordinance, from the Clerk. I am sorry I wasn't able to rule until I got that. The voters changed Section 72. The change in section 72 is set out in Ordinance No. 8081, which this Commission passed on the 20th day of July, 1972. That sets out; that is the basis that Dr. Bartley used to draft the draft that he gave you. That is the authority that he had. Now this change in Section 72 changed our charter around to be much the same as the Metro principle in the fact that, previously, under the old Section 72 the zoning and planning functions were spelled out in the charter. They could not be changed, and they could not be altered, unless we had a charter change. The new Section 72, which the voters approved, and set out in Ordinance No. 8081, which is two pages in the ordinance, sets out the zoning function in basic language, which allows us to set out in ordinance form our changes, which is what Dr. Bartley has. In other words, we are, instead of having the zoning and planning function under the charter, we are now --the charter just gives us the authority to adopt these by ordinance, which is what we have. Mayor Ferre: We can do this? Mr. Turner: Yes, you can. Mr. Reese: But then the change is being made in the ordi- nance, and not in the charter. Instead of this saying authorized, you are actually changing an ordinance. Mr. Turner: What zoning functions of the nance; they will not be City Commission reaches they want, and how they zoning functions of the ordinance form. we are adopting now, the planning and City of Miami will be set out by ordi- set out in the charter. After the its determination and finalizes what want to set up the new planning and City of Miami, this will be adopted in 096 6- 14 - 73 Dr. Bartley: Let me add, Mr. Mayor --perhaps you may re- call that when I presented this material to the City Commission the last time I was down here I preserved your City Attorney's right, of course, to comment on any aspects of the legalities that are involved, not only in terms of the new Section 72 of your charter, but also in terms of legal questions, generally, under the Constitution of the United States and of the State of Florida, and I am sure that y our City Attorney's office will have some materials or comments for us as we proceed. Mayor Ferre: All right, any other major discrepancies that you wish to address yourself to in this memorandum? Dr. Bartley: Most of these --I would suggest that the -- probably, from my point of view the basic, or the most funda- mental matter of difference, as I read Mr. Reese's memorandum, is on page 4 of his memorandum at the bottom of the page; item number 12, and that runs over to the next page, of course; and this refers to the material of the draft on page 12, lines 5 through 11. Let me say that this material here is a general statement, and that Mr. Reese's comment in regard to it, of course, is found in greater detail later on, on page 15, lines 17 through 21, so that those two are related. If you will ex- amine Chapter 176 of the Florida Statutes, which is the General Municipal Enabling Act for Florida, you will find in that act that the quasi-judicial instrument, the Board of Adjustment, as it is called in that act, has three functions. One function is the function of interpretation. The second, the variance func- tion. The third, the function of special exceptions. Mr. Reese -- and I will not state his position on that --but Mr. Reese, if I understand him correctly, is questioning whether or not the words interpretation, or administration, in lines 6 and 7 on page 12 should properly be a part of this. Let me add that the lan- guage, as it appears in the draft at the present time, is the language of every other zoning ordinance in Florida with which I am familiar. This is not necessarily an argument to Mr. Reese that the City of Miami must go the same way; I am simply saying that it is standard language. I would let Mr. Reese, of course, state his own position in the matter. Mr. Reese: I was asked to prepare comments on this docu- ment. I have endeavored to prepare them through the eyes of the City administration. I am not looking at the State of Florida. I am looking at the City of Miami Charter, and at the over-all operation from that point of view. And I would like to point out that this part that I raised the question on, on page 12, Paragraph b; it says here, it shall serve as the quasi-judicial instrument for the hearing of appeals concerning interpretation or administration of the comprehensive zoning ordinance, for variance under the comprehensive zoning ordinance, or for conditional use under the comprehensive zoning ordinance. It shall perform these functions as set out in this article, and under applicable laws and regulations of the State of Florida and the City of Miami. This is divesting this City Commission of a prerogative that they have always previously exercised, and that is that the door was always open for anybody to come before triis Commission and make a presentation as to the administration of the Building 6-14-73 097 Department in its interpretation, or any other activities, as far as zoning regulations are concerned, because zoning regula- tions, or rather, the different regulations that the Building Department administers, goes well beyond zoning regulations, and now you are taking the elected officials who make the final decision on zoning matters out of the position of the public coming to him to say that the administration hasn't carried out the activity. It is now going to be performed by a quasi- judicial instrument created by this body. That's the theme of the whole question that is being raised. Dr. Bartley: There was considerable discussion in the citizens committee about alternate procedures, but let me point if you will examine in the draft, starting at page 23, line 19, and the material which then follows over through line 11 on page 24, decisions of the zoning board under Sections 2 (which is the section that we are talking about to begin with; the b part of it) sections 2 and 4-10--these deal with variances and conditional uses --shall be deemed final, unless a request is filed with the City.Commission by the petitioner, or any person or persons, jointly or severally agrieved by any decision of the zoning board, or by any officer, department, board, commission, and so forth, within fifteen days of such board's decision. In other words, there is an appeal in these matters, provided it is taken within fifteen days. A lot of these things that you have had to handle are relatively routine, where they are not controversial. This simply says, if nobody takes an appeal within fifteen days, then the decision of your board is final. Mayor Ferre: Can the administration appeal? Dr. Bartley: Yes, sir. Mr. Reese: No, sir; there is no authority for the City administration to appeal to the City Commission on any action taken. That includes the personnel board and everything else; no provision in the charter. Mayor Ferre: All right; we have a difference here. Dr. Bartley says that it can. be appealed, including by the adminis- tration, and you are saying that it cannot be. Mr. Reese: There is no provision in the charter, or any way that I have known --and I have tried several times to bring to the Commission an action of a board of under the charter, or else by the City government, whereby I could appeal an action that was taken; and I don't see where it would be set forth here. Mayor Ferre: Dr. Bartley, would you refer to that specific section where this can be appealed again? Dr. Bartley: Page --if you will --the language that I read a moment ago, on page 23, starting with line 19, and running over to page 24, through line 11, specifically, the appellate process is set out in terms of any officer, department or board, commission or bureau of the City, on lines three and four therein. Mayor Ferre: All right, Mr. City Attorney, we have a dif- ference of opinion. Would you clarify it from a legal point of view. 6-14-73 098 • Mr. Turner: This appellate procedure applies to only the decisions of the zoning board. This doesn't apply --this can be set out by ordinance, and it is not necessary in the charter, because the charter change, the new section 72, gave the City the power to enact ordinances to provide for these procedures, which would be enacted in this ordinance, as set out by Dr. Bartley, which includes this appellate procedure. Mayor Ferre: Which means, then, that the administration could appeal any item that it wished to. Is that correct? Mr. Turner: That's correct. Dr. Bartley: In the context of the zoning board. Mr. Reese: The zoning board would take an action that would affect the fire code, and then if it was not knowledgeable to the administrators of the fire code within 15 days, that they would then go ahead and have a facility available that was not in keeping with the fire code? Because you lost your appeal within fifteen days? Mayor Ferre: Now this is not a legal matter. You are talking now of a practical matter. Mr. Reese: Yes, sir; a very practical matter. Mayor Ferre: Let's address ourselves to the question as to whether fifteen days is sufficient. Does that satisfy you, Mr. Reese? Dr. Bartley: If you will, ladies and gentlemen, look at the draft, page 11, line 32. We are speaking of the zoning board here. The zoning board shall have the following primary areas of responsibility: a. an instrument for the hearing of applications for the rezoning of specific properties. Coming over to the next page; b. the quasi-judicial instrument for the hearing of appeals concerning interpretation or administration of the comprehensive zoning ordinance; not the fire code; for variance under the comprehensive zoning ordinance; or for con- ditional use under the comprehensive zoning ordinance. b is limited strictly to the comprehensive zoning ordinance. In line 12, on page 12, then: it shall perform such other functions as may be given it by appropriate action of the City Commission. For example, the City Commission --I am not advocating this; I am using it as an illustration --the City Commission may choose by official action under c., on street closings, to place some re- sponsibility on the zoning board; but so far as the fire code, the construction code, etc. etc. of the city, the answer is that under this draft there would be no such authority in the zoning board. Mr. Reese: The point that I was raising --and I don't want to worry it --a variance could be granted that would affect the over-all public health, welfare and safety of the people, especially under the fire code, or under sanitation, which is another area I can think of right off -hand; a variance could be. This is not brought to light for the operating departments un- til your actual variance has been brought older construction, really. The 15 days has long gone by. I think that somewhere along the line, when this happens there should be provision that the appeal, or the action by the neighborhood should be brought direct to the commission 0nnot the zoning area. 6-14-73 Dr. Bartley: At the present time --- Mr. Reese: This is what I am trying to --that you don't divest yourself and say the zoning board over here is the body that is going to hear these, and serve solely, and divest your- self of this opportunity to hear it and reconcile it. Dr. Bartley; There is no change, fundamentally, in this draft and your present procedure. At the present time your Planning and Zoning Board hears the variance. That variance then comes to the City Commission. The only change that is proposed here, the only difference, is that this now says that if nobody takes an appeal, or if an agency or instrument of the_ City government does not take an appeal to you within fifteen days, it becomes final. If somebody does,'then you have exactly what you have at the present time. You have got different boards set up, but I am talking about the technical area; but this, I think is one that you have to --you re not going to reach, and should not reach, a decision on this this afternoon, but it is, I think, really, about the only place that Mr. Reese and myself should find ourselves in any very substantial disagreement; at least as I read this memorandum. There are matters of policy that you are going to have to. Mr. Plummer: On page 23 and 24 of the draft, I see here that if any appeal is taken to the Commission that there shall be no formal public notice required. Dr. Bartley: That is the way the draft stands at the moment; yes sir. Mr. Plummer: Dr. Bartley, if you could be here, sir, on cases where more than ample voted for it; more than ample adver- tising was done, and listen to the complaints that we get about, we didn't know about it; if we had known about it we would have been there. Now this alarms me. First of all, the 15-day period alarms me. There is just no way that you could get out a notice to the people within 375 feet, and second of all, you are proposing here that no notice at all would be given to the public. I am talking about page 24--- Dr. Bartley: Lines 8 through 11. Mr. Plummer: Right. Z for one, would want to be no party to anything that the public was not aware of. I think we catch too much unjust heat at this time endeavoring to do the best we can to notify the public of these hearings, and I surely would not be a party to such a thing here where no notice is given to individuals, based on that fifteen days, would not be adequate. We sat here today and heard the City Clerk make mention of the fact that the papers are requiring more and more time to get in public notices. So I am bringing to your attention that I would be opposed to that sort of thing there. I think it is definitely a must that it must be heard by the public. 6-14-73 100 • Mrs. Gordon: On the point of clarification, J. L. What youte saying is that on the appeal you want a public hearing. Mr. Plummer: Correct. Well,that's what it stands at today. He is saying that we are following the same procedure almost as we have followed in the past. Well, I disagree with that. Dr. Bartley: We were speaking of another matter. Mr. Plummer: But what I am saying is that if an appeal is taken to this Commission on a zoning matter, I thin' more than 15 days has to be provided, and,I would want to see that all people are notified, just as in the initial proceedings before the zoning board. Dr. Bartley: This is Commission, and Mr. Plummer are goinc to have to extend a policy consideration for this is eminently right when he says you the period. Mrs. Go:?don: I don't see any objection to that. Mr. Plummer: But in this draft it appears that there is no notice. Mayor Ferre: That's why we are d ot.ng this. Just mark it, and when we get to that page then we will accept an amendment to it. Mr. Plummer: Mr. Mayor, I'd like to ask one more question, because I have to leave in five minutes. with Dr. Bartley. Dr. I brought to your attention at the last meeting --and I hope that• you were able to afford yourself of the opportunity of looking over the recent passing of the conflict of interest law of Dade County. It is far-reaching; it is in great depth, and has a great number of restrictions. Were you able to get a copy of that, sir, and did you apply that to your draft here, and is there any violation or conflict with your draft? And the man who is most vitally concerned is sitting right there in the front seat. Mr. Pancoast is the Chairman of our Urban Review Board. He has done a magnificent job; and I can see in some places where he, under the new Metro ordinance, would be in conflict. So, I brought that to your attention at the last meeting. Were you able to take that into consideration? Dr. Bartley: First of all, the material, or the point to which Mr. Plummer refers, is that material on page 32 of the draft which you have in front of you; lines 29 through 33, which makes the not only your present conflict of interest provisions of your existing code applicable to the members of both boards, but would also --and at that time I did not have a copy --would adopt by reference the Code of Ethics of Metropolitan Dade County. I think there is absolutely no doubt, to speak very frankly, Mr. Plummer, that the Dade County Code of Ethics can raise questions in regard to some types of activity on the part of some very public spirited professional persons. I suggest, however, that on this point your determination is a policy one here. I have some personal feelings about codes of ethics, but I think really that it's the sense of this Commission as to whether you want to take the Dade County Code; whether you want to soften it; whether you want to work it in; or if you don't want to use it, whether you want to stand with what you have presently got. There is no 6-14-73 101 • doubt in my mind but that the Dade County Code of Ethics can occasion some considerable difficulties in getting people for some of these bdards. Mr. Plummer: What you are telling me, then, is this diaft includes the conflict of interest law? Dr. Bartley: At the moment it does', sir. Mr. Plummer: But it will be a conscience decision of this Commission of who we appoint as to whether or not it is in con- flict. Dr. Bartley: Well, no, no. Mr. Plummer: Well, in a conflict exists. Dr. Bartley: No; I said the question of whether or not you include lines 29 to 33, as a policy decision of this board, or if you include lines 29 to 33 and say that provision two or three of the Dade County thing shall not apply. You see what I am driving at, Harris? Mr. Turner: Dr. Bartley, I think the Dade County Conflict of interest law, in itself, applies itself under the Home Rule Charter to all municipalities. We have no choice. We are under it. We can be more restrictive, but we are bound by the Conflict of Interest law. Dr. Bartley: All right, I see. Mayor Ferre: All right, now, since we have to break up, since you are leaving, Commissioner Plummer --and I recognize that you have a serious engagement which you can't break, and we have just gotten to the question of reading some parts of Mr. Reese's memorandum --- Dr. Bartley: May I say that on your meeting two weeks from today I have made arrangements, which I was not able to do at this time, to stay with you as long as you want to. Mayor Ferre: I would like on that meeting for all of us to come well prepared, like the legislative body that we are, with any amendments, and that we go through the 36 pages of one docu- ment and 13 pages of the other document, page by page and section by section, discussing each section or each amendment as it comes up, and amending it by page and by section, hopefully with the idea of completing a document that we can tentatively vote on on that date. I think, Mr. Reese, that the importance of this is such that it warrants a lot more time than the pressures of the regular meetings afford, and I would just like to see if we can't kind of cram as much as we can into the morn- ing session, and those things that we can'. fulfill --and I promise you to run as tight a meeting as I have ever run here, and try to get through as many of these matters in the morning session, and whatever things we just can't fit into the morning session of June 28th we will have to hear on July the 12th; and then have in the afternoon at least three hours for this, and perhaps --we have a public hearing, don't we? The Clerk stated that a public hearing had been scheduled for 4:00 o'clock P.M. on this date to consider hours of sale of alcoholic beverages by supper clubs, but that it had not yet 102 6-14-73 NOTE: Mr. Plummer left the meeting at 5:20 o'clock P.M. been advertised and that the time could be changed. After further discussion it was agreed to hold the public hearing on the supper clubs at 4:30o'clock P.M. on June 28th, and devote the time from 1:30 P.M. to 4:30 P.M. on that date for the consideration of the present matter. The City Manager requested the Clerk to furnish him with a list of all the public hearings which had been scheduled for the next few months, and the times; and the Mayor requested that copies be sent to the City Commissioners as well. It was also requested that the City Attorney furnish the Commission at the next hearing on this matter with a memorandum, detailed and itemized of any questions of law on this proposed legislation, and that the City Manager also submit any recom- mendations he might have on this matter, and that these memoranda be furnished the Commission in advance of the hearing in order that they might study them. ADJOURNMENT: There being no further business to come before the Commission at this time, on motion duly made and seconded, the meeting was adjourned at 5:30 o'clock P.M. ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE A. FERRE 'MAYOR 6-14-73 103 CIT P OF MIAMI DOCUMENT MEETING DATE: INDEX DUNE 14, 1973 ITEM NO DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTION CODE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COMMISSION AGENDA & CITY CLERK REPORT (11 pages) PRELIMINARY ASSESSMENT ROLLS FOR TRACY SANITARY SEWER IMPROVEMENT DISTRICT SR-5275-C & SR-527 -S R-73-411 RECONFIRMING RESOLUTION NO. 73-238-CONSTRUCTION TRACY SANITARY SEWER IMPROVEMENT SR-5275-C R-73-412 RECONFIRMING RESOLUTION NO. 73-239-CONSTRUCTION TRACY SANITARY SEWER IMPROVEMENT SR-5275-S R-73-413 BOARD OF COMMISSIONERS AND DEPT. OF HOUSING - TAKE STEPS -NEWLY CONSTRUCTED SANITARY SEWERS IN THE CITY OF MIAMI VARIANCE - SINGLE FAMILY RESIDENCE - LOT 25 LENNOX PARK 4250 LENNOX DRIVE. VARIANCE - GASOLINE STATION - LOT 1, 2, AND 3, BLK. 2, 480 N.E. 79th ST. CONDITIONAL USE - VALET PARKING - LOTS 11 AND 12, BLK. 125N, N.E. CORNER SO. t1IAMI AVE. AND S.E. 2nd ST. CONDITIONAL USE - OFF-STREET PARKING ON LOTS - 19 AND 20 - 3044 S.W. 7th ST. VARIANCE - PERMIT CONSTRUCTION DUPLEX - LOTS 13 AND 14, BLK. 9, TAMIAMI GARDENS, 785 S.W. 73rd AVE. VARIANCE - PARKING GARAGE - LOT 15, BLK. 12, BUENA VISTA GARDENS - 355 N.W. 54th ST. GRANT PERMISSION - SUBMERGED LAND - 1005 SOUTH BAYSHORE DRIVE. APPOINT MEMBER - INTER AMERICAN CENTER. PROPOSED - FT. DALLAS PARK - IDENTIFIED IN THE CITY OF MIAMI PARKS AND RECREATIONAL BOND PROGRAM. AMEND CODE CITY OF MIAMI 1957 - RETIREMENT PLAN AND GROUP INS. PLAN. APPEARANCE OF REPRESENTATIVE OF "VIVA" - WELCOME HOME FOR RETURNED PRISONERS OF WAR. R-73-414 R-73-415 R-73-416 R-73-417 DENIED DENIED R-73-420 R-73-421 R-73-424 DISCUSSED R-73-425 R-73-425A 0068 73-411 73-412 73-413 73-414 73-415 73-416 73-417 0069 0070 73-420 73-421 73-424 0071 73-425 73-425A OCUMENTUIDEX CONTINUE ITEM NO. DOCUMENT IDENTIFICATION 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. A .NORTH BAYSHORE DRIVE SANITARY SEWE SR=5383-C (CENTERLINE SEWER) NORTH BAYSHORE DRIVE SANITARY SEWE SR-5383-S (SIDELINE SEWER) LIBERTY SANITARY SEWER IMPROVEMENT SR-5377-C ( CENTERLINE SEWER) LIBERTY SANITARY SEWER IMPROVEMENT SR-5377-S (SIDELINE SEWER) R IMPROVEMENT R IMPROVEMEN PHASE II PHASE II ACCEPT RIGHT OF WAY DEED - ALVIN I. MALNIK AND DEBORAH MALNIK - S.W. 27th AVE. ON THE NORTHWES CORNER OF COCONUT AVE. INSTALLATION OF LIBERTY SANITARY SEWER PROJECT AS PHASE II-SR-5377 C & S - COCONUT GROVE. ACCEPT HIGHWAY RIGHT OF WAY DEED - ARMANDO DELGADO AND EMERIA DELGADO. ACCEPT PLAT - LAS VEGAS PUBLISH A NOTICE OF PUBLIC HEARING - OBJECTION OF THE COMPLETED CONSTRUCTION OF CORAL WAY SO. HIGHWAY IMPROVEMENT. AUTHORIZE PAYMENT - LEONARD S. WEGMAN CO., INC. ACCEPT COMPLETED WORK - MANOR AND MOORE PARKS - ISSUE DUPLICATE TAX SALE VANO. FENCE MASTERS, INC. FENCING. CERTIFICATE - CHARLES AUTHORIZE TRANSFER - CONTINGENT FUND TO PROPER ACCOUNT IN CITY CLERK'S BUDGET. AUTHORIZE NEW AGREEMENT FOR PART-TEME EMPLOYME - MIAMI DADE JR. COLLEGE STUDENTS PROGRAM. AUTHORIZE CONTRACT - MIAMI DINNER KEY BOAT SHOT CLAIM SETTLEMENT - ARTURO TORO, FREDERICOTORO AND MAINE INS. CO. INTER CONTRACT BETWEEN CITY OF MIAMI AND GENE- RAL EMPLOYEES ASSOCIATION. FEDERAL GRANT APPLICATION - DEPT. OF JUSTICE - POLICE COMMUNITY RESOURCE POOL PROJECT. AUTHORIZE M.L. REESE TO MAKE CERTIFICATIONS ESTABLISHING THE FAIR MARKET VALUE. ALLOCATING FEE - LAND ACQUISITION AND MISCE- LLANEOUS COST - EXPANSION OF DIXIE COMMUNITY PARK. AUTHORIZE REPAIR BY GENERAL ELECTRIC REPAIR SHOP - EMERGENCY MEASURE. R-73-426 R-73-427 R-73-428 R-73-429 R-73-430 R-73-431 R-73-432 R-73-433 R-73-434 R-73-435 R-73-436 R-73-437 R-73-438 R-73-439 R-73-440 R-73-441 R-73-442 R-73-443 R-73-444 R-73-445 R-73-446 PAGE 2 AL DE_NIL 73-426 73-427 73-428 73-429 73-430 73-431 73-432 73-433 73-434 73-435 73-436 73-437 73-438 73-439 73-440 73-441 73-442 73-443 73-444 73-445 73-446 DOCUMENT'I NDEX CONT1NUEDPA3 ITEM N0. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47.. 48. 49. 50. 51. 52. 53. 54. 55, 56. 57. DOCUMENT IDENTIFICATION AMEND R-73-332 - AGREEMENT WITH STANFORD RESEAR INSTITUTE FOR PHASE II - MODERNIZATION OF THE DEPT. OF POLICE. URGING DADE COUNTY BOARD - REQUEST BY FLA. STAT DEPT. OF AGRICULTURE SCHOOL FACILITIES - EDUCA- TIONAL PURPOSES "NUTRITION EXPANDED." URGING GOVERNOR OF THE STATE OF FLA. - REQUEST BY FLA. STATE DEPT. OF AGRICULTURE - SCHOOL FACILITIES - EDUCATIONAL PURPOSES.- "NUTRITION EXPANDED." SCHOOL CHILD CARE CENTERS - CAFETERIAS. SUMMER SPECIAL FOOD SERVICE PROGRAM FOR CHILDREr IN CITY OF MIAMI. BIDS TO FURNISH LUNCHES FOR 1973 SUMMER SPECIAL FOOD SERVICES. APPROPRIATING PURSUANT TO THE ORDER OF TAKING - CRIME PREVENTION AND POLICE'FACILITIES BLDG. AUTHORIZE CITY MANAGER - CONTRACT FOR LEASING CONCESSION PRIVILEGES. COMMISSZ ACTION CONFIRMING ACTION BY CITY MANAGER - CONDEMNATIOI OF PROPERTy AT WAINWRIGHT PARK. ACCEPT BID - DATA FORMS CO, INC. - PURCHASE ORDERS. ACCEPT BID - CHAN W. BAKER - FURNISHING LAWN GRASS SEED MIXTURE. AWARD BID - INITIAL PURCHASE OF HEAVY EQUIPMENT REPLACEMENTS. ACCEPT BID - WHE CORPORATION - FURNISHING TOTE CONTAINERS. AWARD BID - FENCE MASTERS, INC. - MIAMI STADIUM PARKING LOT FENCING. AWARD BID - C.A. DAVIS, INC. - ORANGE BOWL - WHEEL CHAIR PLATFORM. ACCEPT COVENANT TO RUN WITH THE LAND FROM THE BANK OF MIAMI. REFERRING QUESTION OF POSSIBLE FUTURE USES OF CITY -OWNED PROPERTY - 46 WEST FLAGLER ST. TO THE CITY MANAGER. PROPOSED PLAN - EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS.' AUTHORIZE FIRST NATIONAL BANK OF MIAMI TO DELAY TRANSFER OF THE TRUST ESTATE. AUTHORIZE ENTER AGREEMENT BETWEEN CITY OF MIAMI AND UNIVERSITY OF MIAMI. R-73-447 R-73-448A R-73-448B R-73-449 R-73-450 R-73-451 R-73-452 R-73-453 R-73-454 R-73-455 R-73-456 R-73-457 R-73-458 R-7.3-4 59 R-73-460 R-73-461 R-73-462 R-73-465 R-73-466 R-73-467 CODE -_ 73-447 73-448A 73-448B 73-449 73-450 73-451 73-452 73-453 73-454 73-445 73-456 73-457 73-458 73-459 73-460 73-461 73-462 73-465 73-466 73-467