HomeMy WebLinkAboutCC 1973-07-12 MinutesMIAMI
CITY
COMMISSION
MINUTES
OF MEETING HELD ON JUL 121973
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H, D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
•
•
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO,
SUBJECT
ORDINANCE OR p.
RESOLUTION NO. PAGE NO
1.
2.
3.
3A
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
WAIVING READING OF MINUTES OF PREVIOUS
MEETING
PROCLAMATIONS. CERTIFICATES OF APPRECIATION
AND PLAGUES
RESIGNATION OF M. L. REESE AS CITY MANAGER
OF THE CITY OF MIAMI
RENAME LE JEUNE GOLF COURSE
LIFETIME PRIVILEGES FOR USE OF
M. L. REESE GOLF COURSE
REPLACEMENT OF CITY MANAGER WITH INTERIM
MANAGER — DISCUSSION
BULLETIN BOARD IN CITY HALL TO
ANNOUNCE PUBLIC MEETI:!GS
STATEMENT FROM M. L. REESE, CITY MANAGER
ON THE SUBJECT OF HIS RESIGNATION
AUTHOPIZE EMPLOYMENT OF MEL REESE AND
ASSOCIATES ECR PART TIME CONSULTATION
SERVICES
WORKSHOP SESSION — RESTRUCTURING OF
PLANNING AND ZONING SYSTEMS
RECEIVE SEALED BIDS
SAN MARCO SANITARY SEWER IMP.SR-5316—C
RECEIVE SEALED BIDS
VIRGINIA GROVE HIGHWAY IMP. H-4358
PRELIMINARY ASSESSMENT ROLL —CONFIRM
MUSA ISLE SANITARY SEWER IMP.SR-5308—C
CONFIRM ORDERING RESOLUTION
N. E. 4TH COURT HIGHWAY IMP. H-4360
OBJECTIONS TO CONFIRMING ORDERING RES.
N.W. 29 STREET HIGHWAY IMP. H-4361
CONFIRM ORDERING RESOLUTION
NORTH BAYSHORE DRIVE HIGHWAY IMP.
H-4359
CONFIRM ORDERING RESOLUTION
NORTH BAYSHORE DRIVE SANITARY SEWER
IMPROVEMENT SR-5383—C (CENTERLINE AND
SR-5383—S SIDELINE SEWER)
CONFIRM ORDERING RESOLUTION
LIBERTY SANITARY SEWER IMPROVEMENT
PHASE II SR-5377—C do SR-5377—S
1
1
73-517
73-518
73-519
1"4
73-520 5--8
73-521 9
10---1-
13
DISCUSSION 14---
73-523 17
73-524 I7--I8
73—:725 18
73-526 18--
DISCUSSION 21--
73-522
73-527 25--
73-528
73-529
73-530
73-531
73-532 27
•
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, SUBJECT
ORDINANCE OR
RESOLUTION NO, PAGE NC
16. CONDITIONAL USE
LOT 16r BLOCK 25► FROW HOMESTEAD
17. 1 WAIVER OF DEVELOPMENT OFF-ST.PKG.SPACES
LOT 5,6rBLOCK 2r PHOENIX PARK
18. ' CONDITIONAL USE -
LOT 8,9,10, BLOCK 41 FAIRMONT PARK
19. ' VARIANCE REQUEST
LOT 3, BLOCK 58N - MIAMI B-41
20. REQUEST METRO TO REASSESS POSITION WITH
RESPECT TO SPRINKLER SYSTEMS IN CONJUNCTION
WITH CONCRETE PARKING GARAGES
21. CONDITIONAL USE
LOTS 6 & 15, BLOCK 103N MIAMI B-41
22. CONDITIONAL USE
LOTS 2r3+4,19,10,BLOCK 90 LAWRENCE EST.
23. I CONTINUED WORKSHOP SESSION - RESTRUCTURING
( PLANNING AND ZONING SYSTEMS
LUNCH RECESS FROM 12;30 TO 2:02 O'CLocK P.M,
24. 1 CONDITIONAL USE - PLANNED UNIT DEVELOPMENT
LOTS 10,11,9 BLOCK 1 ALLAMANDA GARDENS
25. 1 PUBLIC HEARING - REVENUE SHARING FUNDS
26. PERSONAL APPEARANCE -MR. DAN PAUL TO DISCUSS
SERVING ALCOHOLIC BEVERAGES IN THE
PRESS BOX OF THE ORANGE BOWL STADIUM
27. NEGOTIATE WITH SCHOOL BOARD FOR
TEMPORARY PORTABLE BUILDING
28. PROJECT 049- 76 CAPITAL IMPROVEMENT PROGRAM
EDISON PARK TEEN CENTER
29. ' PUBLIC HEARING - PROPOSED RESTRUCTURING OF
PLANNING & ZONING SYSTEMS
30. 1 DOWNTOWN ZONING STUDY -PRELIMINARY REVIEW
73-533 38
73-534 38
73-535 39--40
DISCUSSION 41--42
73-536 42--43
73-537 43
73-538
44
DISCUSSION 44
73-539 45--4
73-540
73-'5•t1
73-542 47--
DISCUSSION 75
73-543 76
DISCUSSION 76
DISCUSSION 78--
DISCUSSION 80
• •
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO
SUBJECT
ORDINANCE OR
RESOLUTION NOI PAGE NO
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
SUPPER RECESS - APPROXIMATELY 1/2 HOUR
PLAZA VENETIA — STATUS REPORT
APPOINTING MRS. JULIUS ALEXANDER
MEMBER OF BEAUTIFICATION COMMITTEE
FUTURE USES OF CITY OWNED PROPERTY AT
46 WEST FLAGLER STREET
ACCEPT PLAT — LEVERA SUBDIVISION
ACCEPT PLAT — W. T. SUBDIVISION
AMEND AGREEMENT — KLEBBA BAY ESTATES
ACCEPT HIGHWAY RIGHT OF WAY DEED
CONTROL DEVELOPMENT INC.
FEDERAL GRANT APPLICATION
ORGANIZED CRIME FIGHTING TEAM PROJECT
PROVIDE PUBLIC HEARING DATE
OFF—STREET PARKING AUTHORITY BUDGET
EXTEND TERM OF PLANNING BOARD MEMBERS
GROUP(DISTRICTS) 1, 7 do 9
EASEMENT — FIRST STATE BANK OF MIAMI
ACCEPT BID — CASTABLE REFRACTORIES
ACCEPT BID — AIR VACUUM SWEEPER
ALLOCATE $29.914 FOR INSTALLATION OF
LIGHTING IN CITY OWNED PARKING LOTS
ACCEPT BID — EDISON PARK TEEN CENTER 1973
COCONUT GROVE INTERIM ZONING —DISCUSSION OF
PROPERTY ON BAYSHORE DRIVE —HIGH RISE DEVEL.
ORANGE BOWL IMPROVEMENT PROGRAM
AUTHORIZE FUNDS TO IMPLEMENT RES.73-559
ACCEPT BID — 5000 POUNDS OF GRASS SEED
PROVIDING FUNDS FOR PAYMENT
DEMOLISH STRUCTURE-3812 N.W. 17TH AVENUE
PURCHASE TRANSMITTER CRYSTALS
MISCELLANEOUS DISCUSSION ITEMS
DISCUSSION
73-544
73-545
73-546
73-547
73-548
73-549
73-550
73-551
73-552
73-553
73-554
73-555
73-556
73-55i
73-558
DISCUSSION
73-559
73-560
73-561
73-562
73-563
ADJOURNMENT
81
82
82--86
86
86
87
87
88
88
89
89
90
90
91
91
92-
94
95
95
96
96
97
97
•
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI. FLORIDA
On the 12th day o6 Juty, 1913, the City Commission o6 the City
06 Miami., FLokida, met at .its negutan meeting ptaee at City Hatt .in
said City .in negutan session. The meeting was caned to onden at 8:10
O' C.2ock A.M. by Mayok Maufl ce Fenne.
On Rott Cat, the 6ottowJ.ng members o6 the Commission were bound
to be pees ent: Mt. P.2ummen, Mn. Reboso, Revenend Gibson, Mu. Gordon
and Mayon Foote. ABSENT: None.
An .invocation was deti.vened by Revenend Gibson who then l.ed
those pneaent .in a p.2edge o6 attegiance to .the F.2ag.
1, WAIVING READING OF MINUTES OF NEVIX 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 resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None
2, PROCLAMATIONS, CERTIFICATES OF APPRECIATION, PLAQUES ETC.
A cen.z.i 6.ieate o 6 Appnee.iation was pees ented to BARBARA TERP
bon hon e66o,t4 on behat6 o6 Coconut Grove School. ch.Udnen
A Pnoe.2amat.ion was pnesen.ted DECLARING the week beginning
JULV 14th as "STOP THE PUSHER WEEK" and commending the
e66onta o6 the Cuban Amen.Lean Jaycees .in this pnognam
A Key to the City was presented to Mn. Victor. F.iguedo,
Vice Comsat o6 Uruguay bon the Min.isten o6 Fone.Lgn A66a.in4
o6 that Country
3, RESIGNATION OF M. L. REESE AS_ CITY MANAGER OF THE CITY OF MIAMI
Mayor Ferre: I would like to first thank Mr. Reese for the many many
years of service that he has rendered to this community. I think he
has been a man of honesty, dedication, conviction. A man who has done
for this community many things very quietly, unassumingly, with distinction
without making a great deal of fanfare about how he approached problems
and how he solved them.
I think the best thing that I could say about Melvin Reese at
this point is that the record stands on its own merits and I think
the accomplishments of Melvin Reese during 131/2 years are evident
throughout the City of Miami, especially in the fact that we have a
healthy, viable community and City which has grown and prospered and
is financially healthy so I certainly think that if anybody deserves
credit for this accomplishment, its Melvin Reese.
He has done a very difficult task, once in awhile losing his temper
or getting a little upset here and there, sometimes with justification.
As a matter of fact, I think most times with justification and I think
all of us who served with him have been honored to have served with
him. It has indeed been a pleasure and we are going to miss
Melvin Reese. He is going to be a very difficult man to replace.
1 JUL121973
I think all of us are going to have a difficult task ahead of us,
in looking for someone who has all of the qualities and qualifications
that Melvin Reese so amply fits and are so essential to the continued
growth and health of a vital City.
Mr. Reese, I have received your letter of resignation. It is
before this Commission at this time and I think it is appropriate that
your resignation now be brought to the fIlor by any member of this
Commission.
Mr. Plummer: Mr. Mayor, I echo your sentiments and for the record, I
will move that we accept the letter of resignation of Mr. Mel Reese,
our City Manager.
Mayor Ferre: Is there a second?
Mrs. Gordon: Second.
Mayor Ferre: Second by Mrs. Rose Gordon. Is there any further
discussion on the letter of resignation?
Mrs. Gordon: I would just like to echo your sentiments and add a few
of my own.
I really feel that the City is going to have a great vacuum
Mr. Reese, even though I have sometimes not agreed with you, I have
always respected you and continue to do that and your ability is beyond
question.
I didn't know until I read the editorial this Morning that you
are a Welshman. I have always admired Welshman so thats just a little
more notch in my feelings toward you.
Mayor Ferre: Well I might add that Mr. Reese probably has a little
irish here and there. Sometimes I think he has a little scotch so I
think its a good combination.
We have a motion and a second. Is there any further discussion?
If not, please call the roll.
Thereupon the following resolution was introduced by Mr. Plummer
Who moved its adoption:
RESOLUTION NO. 73-517
A RESOLUTION ACCEPTING THE RESIGNATION OF M. L. REESE
AS CITY MANAGER OF THE CITY OF MIAMI EFFECTIVE AS OF
MIDNIGHT, AUGUST 17, 1973
a
(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
Mayor Ferre: Mr. Reese, I think it is appropriate at this time that
we offer some recognition of the fact that Melvin Reese has been a
leader amongst men and left an indelible mark in this community and I
in turning over the gavel to Father Gibson, like to make a motion we
should in recognition of your services and of your hard work and of
your accomplishments and dedication to the City of Miami, that we
rename the Le Jeune Golf Course as Melvin L. Reese Golf Course.
Mrs. Gordon: I'll second that.
2 JUL 121973
Mr. Plummer: Did you include in that a lifetime free pass?
He never accepted them when he was in office. 1 think it would be
appropriate now that he will be out of office.
Mayor Ferre: I think he as our City Manager would say NO, no free
passes but I think when he is no longer City Manager, I for one
will move that he gets a lifetime pass to the Melvin L. Reese Golf
Course. Thats part of my motion.
Mrs. Gordon: I would like to wish him as I am sure we all do, many
years of health and hapFiness to enjoy it.
Mr. Plummer: And Mr. Mayor, I think should be included in that, I
have never heard anyone with a swansong of us or anyone else that did
not make notation of the person who stands behind that person and I
think included because she has weathered the storm with him.
All right, we will make a separate motion.
The following resolution was introduced by Mayor Ferre who
moved its adoption:
RESOLUTION NO. 73-518
A RESOLUTION RENAMING THE CITY OF MIAMI LE JEUNE GOLF
COURSE TO MELVIN L. REESE GOLF COURSE AND PROVIDING
THAT AS OF AUGUST 18, 1973, MR. MELVIN L. REESE BE
AFFORDED THE PRIVELEGE OF USING THE FACILITIES OF THIS
GOLF COURSE WITHOUT CHARGE FOR THE REMAINDER OF HIS
LIFE
(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
Rev. Gibson: Mr. Mayor, I don't know if this is the time or the place
to say it but I hope when we the 17th of August comes that we would
do something by way of having the City Manager present along with his
wife, and I say this because I saw a piece of paper the other day that
distressed me about this community. A man who served it and I am not
debating it whether its right or wrong. I just don't like foi us to
be ungrateful for the service of people. I would hope we would, in
addition:.to the resolution that was passed.
Mr. Reese I don't know what your attitude is on parties or luncheons
or something like that. I think whether you like it or not, we ought
to do it and invite Mrs. Reese and if you don't want to come, you don't
have to come. Please let her come. I don't think we ought to ask you,
I think we ought to do it and be positive about it. I just can't
stomach what I saw in the paper about Mr. Stewart and how he left this
community and seemed to have been so dejected as a result of our
attitude. Now that was not the City Commission, that's another outfit
but I don't want that said about us.
Mayor Ferre; I think that is a very fine recommendation and I completely
concur with it and I think for those of us on the Commission and the
many citizens that admire and appreciate Mel Reese's work. We will all
do this together.
3 JUL 121973
September might be a good time.
Mr. Plummer: I think it would be best. Father Gibson, may I offer
you a suggestion. I think if the Mayor at this time appointed
Mr. Lew Price to coordinate such a luncheon I think it would be well
fitting Mr. Mayor.
Mayor Ferre: Well I am going to ask mr. Lew Price to help but I per-
sonally,I think this is important enough for the Commission as a
committee of a whole to take direct involvement of it and with your
permission, as Mayor, I would like to invite all four of you and myself
as a committee which I hope will be expanded to achieve its purpose
sometime in September.
Mr. Reese: Mr. Mayor, aren't you going to let me say anything?
Mayor Ferre: No we have 2 more resolutions to pass before you can talk.
Go ahead Mr. Plummer.
Mr. Plummer: Mr. Mayor, getting to what I said before, a person who not
too many people know about but the person who has always stood behind
the man in the chair and has suffered with him as this City has progressed,
I think should also because she does endeavor in golf as he does, should
be afforded the same priveleges that he is, and I would like that not only
a lifetime pass be given to her to the M. L. Reese Golf Course but I would
like some words of appreciation go out from this Commission to her as well
as to Mel for the fine things that Mel has done that she has been at his
side to do with him so I would make that in the form of a motion and
hopefully since there will be a party in September or Luncheon, that it
could be given to her at that time.
Rev. Gibson: I second the motion.
The following resolution was introduced by Mr. Plummer who moved
its adoption:
RESOLUTION NO. 73-519
A RESOLUTION PROVIDING THAT AS OF AUGUST 18, 1973,
MRS. MELVIN L. REESE BE AFFORDED THE PRIVELEGE OF
USING THE FACILITIES OF THE MELVIN L. REESE GOLF
COURSE WITHOUT CHARGE FOR THE REMAINDER OF HER LIFE
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was passed
and adopted by the following vote - AYES: Messrs. Gibson, Plummer,
Reboso, Mrs. Gordon and Mayor Ferre. NOES: None
Rev. Gibson: I hope Mr. Reese won't be absent purposefully even though
we haven't asked him what his schedule is.
Mr. Reese you realize on or about the first of September we will be
doing this and we expect you not to be away playing golf.
No tournament at all.
Mr. Reese: Tell me when I can speak.
Mayor Ferre: Not yet, we have one more to go.
I have another statement to make and then I think its certainly approp-
riate for Mr. Reese.
4 JUL 121973
34%, REPLACEMENT OF CITY MANAGER AFTER EIS RETIREMENT WITH INTERIM
CITY MANAGER - DISCUSSION.
Mayor Ferre: Due to the resignation of Mr. Reese, effective August 17th,
we have several choices that we can persue.
One would be to appoint a Manager before August 17th. The other would be
to appoint an Acting Manager from August 17th until after the Elections.
It seems to me appropriate for the very simple fact that out of the 5 of
us here, 3 have been appointed and there have only been 2 elected, that
we wait until after the Elections in November to appoint a permanent
Manager.
Besides the fact that it is right, that gives the opportunity to the
people of Miami to elect their Mayor F the 2 Commissioners that are up
for election.
I think its furthermore appropriate because whoever is going to take this
and get this job, I think would feel a lot stronger and safer about it
if it were a duly elected Commission that appointed him after being
elected rather than being appointed at this time subject to the whims
and changes of a future Commission, should it be different. Iam not
saying its going to be different but should it be different, and
therefore, my conclusion is that we not move on this matter today but
rather we think about it for a short while and then certainly before the
26th or on the 26th at the latest, appoint an Interim Acting City Manager
until after the November elections. Perhaps do it in such a way so it
will be December 31 and that way giving the Commission after November a
month and a half to finalize,
Mrs. Gordon: Mr. Mayor -
Mayor Ferre: on who the Manager should be.
Mrs. Gordon: I need some information, a point of information. Mr. Lloyd -
Correct me if I am wrong but its my understanding that the Manager is
appointed for a 2-year period of time, each 2 years.
Mr. Lloyd: No, no. The Manager is appointed and there is no specific
term designated. He serves at the will of the Commission subject to
the amendment to the Charter which provides that in the event that the
Commission desires to dispense with his :services, they shall at such
time as they dispense with his services, they indicate the reasons
therefore and then he has the privelege of asking them to make specific
charges and have a hearing if he wishes. That's the way I understand it.
Mrs. Gordon: That's not the way I understand it. I may be wrong.
Mr. Lloyd: And then its open to appeal.
Mr. Reese: May I?
Mrs. Gordon: Would you correct me please?
Mr. Reese: When this amendment to the Charter was adopted which was
at an election year, the first time it was part of the City of Miami's
laws, it was necessary because of being an election for Mayor High to
hold his organizational meeting which is a provision in the Charter
for the Mayor to hold '.the organizational meeting, at which time they
appoint the Municipal Judges, the City Clerk, the City Attorney and all
of the appointed people that are appointed by the City Commission.
Judge Balaban, then suggested that the nice and the courteous thing to
do would be to appoint the Manager also so there can be no doubt in
each and everyones mind that he is carrying the endorsement of the
reorganized Commission.
Mrs. Gordon: I see.
Mr. Reese: This is where the 2-year appointment comes in, but its
not necessary.
Mrs. Gordon: Its just a courtesy?
5 JUL 121973
Mr. Reese: Its just a courtesy thing.
Mayor Ferre: What it means then from a practical point of view is
that if we were to appoint a Manager, then he would in effect actually
be Manager and the only way -after that that you can remove him would
be either to resign or for you to fire him which means then if he wanted
to, we would have to have a public hearing and if he wished to appeal it,
he could appeal it.
Mr. Lloyd: We have the Charter provision right here that specifies thht.
Mrs. Gordon: Would you read that?
Mr. Lloyd: Removal of the City Manager. This is Section 15-A.
The Commission shall appoint by a majority of its members a City Manager
for an indefinite term and may remove him by a majority vote of its
members at least 30 days before such removal shall become effective,
the Commission shall by a majority vote of its members adopt a preliminary
resolution stating the reasons for his removal. The City Manager may
reply in writing and may request a public hearing which shall be held
not earlier than 20 days nor later than 30 days after the filing of such
request. After such public hearing if one be requested and after full
consideration of the Commission by a majority of its members, may adopt
a final resolution of removal.
Mrs.Gordon: I see, then its the fact that we did a courtesy re -appointment
so to speak that has been in my mind that it was an appointment for a
2-year period which is not so.
Mr. Lloyd: That's why I had Mr. Reese explain that particular facet.
All I was familiar:with. I knew that it existed but I wasn't aware of
the exact details because its an administrative matter. I knew what the
legal situation was. I just read you the Charter.
Mayor Ferre: I am going on the record stating that in my opinion as
Mayor, we should not fill the vacancy today #1. #2 that it should be
an interim or acting Manager's title when it is filled and #3, that the
job should be done by the newly elected Commission after the elections
in November.
Mrs. Gordon: Yes, under the circumstances that have been so specified
that the appointment is for an indefinite period of time and not for a
2-year period of time. I can see the reasoning where we have a number
who are not electedon this Commission, however I would like to express
my point of view with regard to my thinking at least for the interim
or Acting City Manager.
Mayor Ferre: Mrs. Gordon before you do that and I will recognize you
in a second. I think its appropriate to do this in a formal way so I
am going to turn over the gavel to Father Gibson and then offer a
resolution that we go on record as a Commission stating that at this
time, we will not appoint a Manager, thatbefore July 26, we appoint an
acting Manager or on July 26, until after the election at which time
the Manager's job will be filled.
Mr. Plummer: I'll second that motion.
Rev.Gibson: Any discussion?
Mrs. Gordon: I am going to have discussion now since I was going to have
the same discussion before the motion was made.
I would like my position at least to be known to the Commissioners and in
this public manner to make it known.
I feel that an Acting person certainly would be the proper procedure under
the circumstances that have been reiterated, I also think that we should
not look beyond the City Commission, present administration, for an
acting person, and I just leave this thought with you because it is for
such a short period of time. I am not going to make it in the form of a
motion after your motion but I will wait till the 26th, at which time,
I would hope that this Commission would think along the lines that I am.
6
JUL 121973
Mayor Ferre: Well I'll tell you. I didn't make it a part of my motion
Father Gibson but I want to explain my feeling on that subject.
I don't think it should be structured in the motion itself.
I think anyone who has a possibility of being the permanent
Manager should not take the role of Acting Manager for 2 to 3 months
period.
Mrs. Gordon: Why not?
Mayor Ferre: I think there are good reasons for it. #1, if he should
not in the long run become the Manager, then its a step down and we have
had and I don't mean to call any names but you remember one individual
in the Law Department where that happened and I think that created a lot
of tension and ill feeling and I don't think that the man who is going
to get the permanent job should in any way be acting. I think that
creates a whole series of problems. I don't think its fair to him.
1 really don't. I think and I AGREE with you, I think the first respon-
sibility of the Commission is to .,look within the City for the Manager.
I absolutely and feel very strongly in that and I have made that
statement publically and I am not in anyway backing off of that.
I feel very strongly about that. That all consideration and priority
must and should be given to people within the City, but I think it would
be unfair to put someone in an acting position which might bias the
future Commission should the Commission change.
This is just a matter. We're not stydying this today and as I said,
I don't want to make it a part of the motion but I just wanted to express
my opinion like you have expressed yours.
Mrs. Gordon: I would like also in regard to expressing opinions to
express mine that at least the person we are thinking about, I am not
saying, at least should be asked if they would object to that thought
of a possible consequence.
Rev. Gibson: Any further discussion? Cali the roll please.
The following resolution was introduced by Mayor Ferre who
moved its adoption:
RESOLUTION NO. 73-520
A RESOLUTION GOING ON RECORD THAT THE CITY COMMISSION
NOT APPOINT A CITY MANAGER AT THIS TIME; THAT AN ACTING
CITY MANAGER BE APPOINTED ON JULY 26, 1973 TO SERVE
UNTIL AFTER THE ELECTIONS TO BE HELD IN NOVEMBER AFTER
WHICH TIME THE POSITION OF CITY MANAGER WILL BE FILLED
BY THE THEN CITY COMMISSION
(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
NOTE: After adoption of the resolution, the Mayor resumed the chair.
Mr. Plummer: I would like just so that there would be, open and above
the table, and at a later date will not have any consequences to anyone
including myself.
Mr. Lloyd my question is to you Sir, to the Legal Department.
You know we operate under a Sunshine Law which many people have taken
to task. I personally think its one of the finest things that ever
happened and because of that in no way do I want to violate that law.
My question to you Sir is: Is there any provision , oh Mr. Rothstein,
good morning Sir.
7
• •
Mr. Rothstein, is there anything that prohibits under the sunshine law,
or any other law, from any Commissioner sitting down on a 1 to 1 basis,
to interview or to discuss with an individual their qualifications or
desires of becoming City Manager of the City of Miami?
Mr. Rothstein: No Sir.
Mr. Plummer; In other words, I am free and every other Commissioner here
is free to sit down and to hold personal on a 1 to 1 basis, interviews
with anyone who I would like to consider for City Manager.
Mr. Rothstein: That is correct, you can do that.
I may say the Sunshine Law is for the purpose of preventing a decision
making situation between a majority of Commissioners being done outside
the public forum.. Now in the City of Miami where you have a 5-man
Commission and a 3-majority vote, it becomes a question as to how many
Commissioners. Certainly 3 cannot meet together anywhere outside a
public forum and discuss City business.
I have previously advised this Commission because of the fact of the
3-majority, that it would be my recommendation that 3 Commissioners even
if they don't in anyway discuss City business, should never meet and
have dinner together or be alone in a grouping because of the appearance
of the requirements.
The Supreme Court has specifically said however that the sunshine law
does not prevent interchange of information between Commissioners
outside of a Commission Meeting, but I would once again say for the sake
of appearance and so that there can never be any misunderstanding, even
though there can be outside interchanges of opinion, there should never
be any meeting between any more than 2 Commissioners outside the Comm-
ission Chambers in any circumstance and certainly -
However once again, the Sunshine Law is, I am sorry if I am going into
it but your question leads to it all.
A lot of people have thought from certain statements being passed around
and being bandied around that because of the sunshine law, Commissioners
are prevented from even discussing issues privately with citizens, with
interested parties, with anybody and both myself and the County Attorney
have on several times told our respective Commission, that anybody can
talk to a City Commissioner or County Commissioner about any public
subject at any time and its not a violation of the Sunshine Law.
Mr. Plummer: As I understand it, you can talk to anyone with 2
Commissioners or even 3-
Mr. Rothstein: No no no. What I am saying is not in any circumstance
should 3 Commissioners even have lunch together even if they are not
discussing city business because there should always be avoided the
thought of a violation of the Sunshine Law. The most that should meet
would be 2 Commissioners in any circumstances.
In any circumstance, any final determination of what you are going to
do should not be determined outside a regular Commission Meeting.
Mayor Ferre: Are there any further questions on that? If not, at
this time, Mr. Reese -
Mr. Plummer: Mr. Mayor if I could in the same vein while you are
waiting for Mr. Reese. I would like to offer a motion at this time
Mr. Mayor.
8
•
•
41 BULLETIN BOARD I[N CITY _BALL TO ANNOUNCE PUBLIC MEETINGS
Mr. Plummer: A motion that the administration immediately place a
bulletin board at the front door of City Hall whether it be inside
or out, making or bringing it to the attention of all those who pass
in and out of that door, of all meetings which take place,public
meetings, which take place in the Dinner Key facility.
A situation arose yesterday. It was the first meeting of the combined
Commissions of Miami and Metro and the question was raised that it was
not known, that the meeting was not known to the general public.
Well I surely told anyone who asked me and I was talking with that the
meeting was taking place and because of it there was media here. There
was no problem but I think MrMayor if we put a bulletin board at the
front door of City Hall that any meetings that are scheduled here at
City Hall would be placed on that bulletin board.
It would be a very good thing and I move that it be done immediately.
Mr. Reese: Any Meetings _or Commission Meetings?
Mr. Plummer: Any meetings that would be public meetings, that are open
to the public and as far as I know, all meetings are open to the public.
Mayor Ferre: You have that information anyway. They all go through
your office Mr. Reese. Is there a second to that?
Mrs. Gordon: Second.
Mr. Plummer: All right, Mr. Reese wantsit clarified and I think it
should be. Any meetings that are meetings that should be open to the
public that they would be placed on the bulletin board in advance so
people could have notice.
Mayor Ferre: I think that's a reasonable request. Any further discussion?
Call the roll please.
The following resolution was introduced by Mr. Plummer who moved
its adoption:
RESOLUTION NO. 73-521
A RESOLUTION REQUESTING THE CITY ADMINISTRATION TO
IMMEDIATELY CAUSE TO BE PLACED AT THE ENTRANCE TO
THE MAIN CITY HALL BUILDING, A BULLETIN BOARD GIVING
NOTICE OF ANY PUBLIC MEETINGS WHICH ARE SCHEDULED TO
TAKE PLACE IN CITY HALL
(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
9 JUL 12197
• •
Mayor Ferre: At long last Mr. Reese, we recogni.:e you now.
5, STATEMENT FROM THE CITY MANAGER ON THE SUBJECT OF HIS RESIGNATION
--Vt. Reese: Mn.. Mayon and Membeu of the Commission:
On Jay loth, I submitted to this Commission, a memonandum
on a tettet Aesign.ing as City Manage/, os the City o6 Miami.
1 want to assure you that this was not done at a moment o6
haste on. without a tong tong time o6 ptanning and thought
on my pant because when 1 came to the City o6 Miami, I came
here with deti.in.ite commitments and ve&y very among
convictions.
1 Seet with the eoopenation o6 the eteeted o 66.ic.iats ,
appointed o66iciats, department heads and att employees o6
the City o6 Miami, a tot o6 the objectives have been
accompt.ished but .it wasn't Met Reese that accomplished them
because no one pen.aon does this. It is onty the dedicated
e66ont o6 the public employee that does it. He is the
ind.ividuat that is exposed at all tames. He is teeognized
as a target to be criticized, pubticatty chastized and
people wilt exene,i,se the penoggative o6 ve&batty gutgitating
on a public o66iciat it they can. He is an unrecognized.
He is not adequately compensated and I have to do att this
praising in btinging this out because these ate the
.individuals that make you& community tick.
It isn't one pen4on, but as the individual that had the
executive &es pons.ib.itity Got the operation o6 the City,
I have to take the blame on. the shortcomings and ; have
enjoyed taking the Recognition lion the accomplishments.
We have accomplished in the City o6 Miami, pants and pa&eel
of public attitudes and changes that have never been
thought about oR o#het communities in the State o6 Ftonida
maybe didn't have these provisions in their chante' so
they didn't have to make the connections.
•
•
1 know in 1960, we integrated the swimning pouts and
nobody even knew they were being £ntegnated. There was
no demonistnation. Thene was no objections. Everybody
just accepted it and went along.
We ats o nemoved the provisions in the Charters that set
up the boundary tines o6 where certain people eoutd tine
and others people couldn't tive. These are items that
are not discussed. That was accomplishedand adopted
by the people and the correction to the Charsten was by
a tange vote.
When you stan.t to took at these accomplishments, it was
not in terms o 6 building monuments.
It was not in terms o6 building buitding6, but its in
tenors o6 building people and a pride in the City o6 Miami.
This is what 1 mean in my tetten o6 resignation by
saying that the community still a66otd4 a grseat challenge.
I hope that the City o6 Miami Taxpayers recognizes that the
City o6 Miami is an Intennationat City and Dade County is
not an Intennationat community.
The City .c.6 your international community and it cannot be
be pant o6 a big community. It has to keep the identity
where the people who understand it, can get to it, and
teach it.
This .is a among, stJ ong point. 16 you don't bet.ieve
me, took at New York City today. It is .too big to do a
tittle thing and it i.s r.'t big enough to do a big thing
because they can't get to the problem. This is the .important
thing in public ti6e and 1 plead with this Commission,
don't let this 6att by the wayside because somebody said
that General Motors was great because it got big. Stop
and took at Genetat Motors. They ate spending mote Got
administrative costs today .than they even did cotteet.ivety
as individual conponate setups. This has been studied,
estabV.s hed and 40 on oven the years.
These arse prsinciptes and neatisms that you can't
wash aside with emotion and when people have petsonat
and ambitious axes to grind o6 .theirs own 6undamentat
theories, you ate going to bind out that o6ten times
11
you get cnacka ,in the £oundatdon o6 your basic government
which tis the community government.
I want to thank you tcon the patience and totenance
you have shown bon me at the momenta when I might have
raised my voice. I might have demonstrated a temper
and I want to assure you, .there .is no £n.i.sh in me and
there .is no scotch in me.
1 have been btessed and cursed as being a We..4hman and
at the same time, .it has been noted that the Wet4h are
the onF y ones that can dea.L with the or.ientais and come
out with a pretty good dea.b.
Thank you very much.
Mayor Ferre: Mr. Reese, both you and the press have stated that even
though you are retiring from the City of Miami, and it is not your
intention to retire completely from public life, and I think it is
appropriate at this ..ime to specifically ask you whether or not, you
would be available on a part time basis to consult with the City of
Miami, on specific programs that the Commission might deem fit.
Mr. Reese: Mr. Mayor, in reply to your question. It is my plan to,
in fact, last night I got with my Son who has drawn up the corporation
papers and to set up the Mel Reese and Associates Consultants.
This is being done for the purpose of acting as a solely owned
corporation but I need not explain the tax provisions in that type of
an operation so to answer your question, yes, but please only on a
part time basis.
Mayor Ferre: We understand.
1 WOULD LIKE to request the City Attorney to draft an appropriate legal
document between Melvin L. Reese, between Mel Reese $ Associates for
a period of 2 years to consult with the city of Miami as needed, not to
exceed 1000 hours a year on a per annum basis and I would specifically
recommend and I personally have in mind, in specific assignments, three
areas that I think very very badly need attention and the full time but
when Mel Reese gets involved in things, its not going to be any part time,
I assure you he will put a lot of effort into it but I think that we
need to push forward on this whole Parks and Bonds Program, Parks for
People and the Sanitary Collection pngram that we studied, other than
the home garbage collection but the other programs in the commercial
areas etc.
I think the downtown area needs some of his attention also so these are
three specific areas where I think Mr. Reese, as special consultant,
could be working for the City of Miami and I would like to make that
part and parcel of the motion.
I think you should pattern the contract on the one similar to the one
that Admiral Stevens got from Dade County. In thatcase, Dade County
contracted with Admiral Stevens specifically to be a consultant to
Dade COunty.
12 JUL 121973
•
•
Mr. Rothstein: For the purposes of the terms of the contract, can we
have included that Mr. Reese would have the opportunity in the course
of his consulting to also make such suggestions to the Commission as
he deems appropriate in the matters, not limited by the 3 items.
In other words not giving him the responsibility but allowing him to
give you advice.
Mayor Ferre: Yes but I want to specifically cover those areas in the
contract so that we have specific assignments but not limited to those
assignments. As the Commission sees fit in the future to request
Mr. Reese to do other things, then they can.
Mr. Rothstein: Also, in a consulting situation. .Mr. Reese would
have the opportunity to.do other consulting, I am sure.
Mayor Ferre: Yes and I think that should be part and parcel of it.
I would like however to put into the contract that we have first
call on his services and that we would like up to 1000 hours of his
time. If he wishes later to come back and change that, then at that
time, I am sure we would be happy to consider it.
Mr. Rothstein: Also to give him the opportunity not to be restricted
to take a public position on certain items.
In other words, as a public servant there were many times while working
for the City where Mr. Reese and myself many many times have pointed
out that the Commission sets the policy and he makes recommendations
or I make recommendations but I think he would be in a different
position as consultant to make the position that he feels very clear
and public. I don't know if I'm making myself clear but what I am
saying is, when you are sitting in these two chairs, you are very
limited in the things that you can say and the approaches that you can
take because you are working for the City;as an outside consultant he
would have much more freedom to speak out for positions and that's the
way the contract should be drafted but I just wanted to confirm it
with the Commission, that it is their understanding.
Mayor Ferre: Yes, I think that is clear. Everybody -
Mr. Plummer: Its clear and Mr. Mayor, I hope that in no way, I know you
have set a limit of 1000 hours but I hope in no way are you precluding
other fields to be included. In other words, immediately what I am
thinking of is this. This new committee which has been formed of the
spirit of cooperation between Miami and Metro. I would like to see him
be a working help in this committee.
Mayor Ferre: He is on the committee now.
Mr. Plummer: Well I mean so he can come back and offer information,
advice and counsel to this committee, so I just hope that you are not
limiting it to those 3 fields.
Mayor Ferre: No Sir, I made that very clear. This does not preclude
and that's the motion.
Mr. Plummer: I'll second the motion.
6, AUTHORIZE EMPLOYMENT OF MEL REESE & ASSOCIATES FOR PART-TIME
CONSULTATION SERV LCES
The following resolution was introduced by Mayor Ferre who moved
its adoption:
RESOLUTION NO. 73-522
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO PREPARE A PROPER LEGAL DOCUMENT WHICH WOULD PROVIDE
FOR THE EMPLOYMENT OF MEL REESE F, ASSOCIATES ON A PART-
TIME BASIS BEGINNING AUGUST 18, 1973 AND TO RUN FOR A
PERIOD OF TWO (2) YEARS AND WORK HOURS NOT TO EXCEED 1000
PER YEAR FOR THE PURPOSE OF PERFORMING CONSULTANT SERVICES
FOR THE CITY OF MIAMI AS REQUIRED
13 JUL 121973
(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: Mr. Rothstein, I would ask that this be drafted and
finalized by the next meeting so we can act upon it.
Mr. Rothstein: We will subject to the problem of checking the charter.
If we can do that while Mr. Reese technically is still the Manager, so
as to be sure not to interfere with -
Mayor Ferre: Well his contract would not become effective until
August 18.
Mr. Rothstein: Lets put it this way. We will have it all drafted
but how to implement, we will tell you after.
7, WORKSHOP SESSIQN - RESTRUCTURING OF PLANNING AND ZONING SYSTEMS
The Commission took up for consideration the matter of the
proposed re -structuring of the Planning and Zoning Systems of the
City of Miami, consideration of which was deferred at the meeting
of June 28, 1973.
M. L. Reese,•City Manager: May I make a suggestion on this item,
recognizing that this is identified as a work session? I would like
to suggest to the City Commission that considerable time could be
saved if the Commission would see fit to designate the City Attorney,
the City Manager, and the consultant, to sit down and go over this
document and do the necessary editorial changes. You will find that
about ninety-five, or ninety-eight per cent. of the suggestions that
are made are editorial changes. The substantive material would have
to be resolved by the Commission, and the substantive material that
is proposed, I think, can be brought out very sharply; highlighted,
and even underlined in a document that you would have for the public
hearing.
Dr. Ernest R. Bartley, consultant in this matter, called atten-
tion to the language on page 23, beginning with line 19 of the pro-
posed document and carrying over to approximately the middle of page
24, which he stated represented a departure from the existinc; pro-
cedure in the handling of variances and conditional uses.
The City Attorney stated that this language would not be an un-
lawful delegation of authority by the City Commission, since it did
provide for an appeal to the Commission.
Dr. Bartley stated that the City Manager had suggested that a
reporting procedure be provided whereby the City Commission would
be apprised of these matters for which there was no appeal taken,
and that he concurred in that suggestion.
After discussion, on motion of Mrs. Gordon, seconded by Reverend
Gibson, it was unanimously agreed to include in this portion of the
draft the language, "that the Zoning Board shall have final authority
on the granting of variances and conditional uses, unless they are
appealed to the City Commission."
14
7_12-73
Mr. Plummer made the following statement: Mr. Mayor, I must
interject this. I did before, and you will just have to listen to
me. I want to once again raise the point that I have serious
reservations about this Commission making decisions before a public
hearing. If we are'holding a public hearing on this thing, it is
for the purpose of helping the public to come here and make --Mr.
Mayor, I am sorry, sir; I still make this notation for the record.
I am talking about us, as a Commission, going through this document;
voting on this document, and then holding a public hearing afterwards.
To me, the purpose of a public hearing is so that the public can be
heard, who we represent, and then draft the final document.
Mayor F3zre: Mr. Plummer, I am going to overrule you; and I'll
give you the basis of the overruling, so that we can move ahead.
All we are doing here is having a work session in which we, as a
City Commission are taking a position ---
Reverend Gibson: For the time being.
Mayor Ferre: ---to present a temporary, unfinished document to
the public as to what we have done. Then the public can speak, and
if we change our opinion at that time --this is not a final draft;
this is strictly the same format as the U. S. Congress follows; that
the Legislature in Tallahassee follows, and it is a well -established
legislative proceeding. That's all we are doing.
Mr. Plummer: There is nothing to overrule. I am just making
my statement known for the record.
Dr. Bartley called attention to page 26 of the proposed docu-
ment, and the question of how the Commission should proceed in the
appointment of the members of the two proposed boards. He explained
the proposals, constituting two alternate drafts, one providing for
a nominating committee and the other providing that the Commission
appoint the members without a nominating committee.
The City Attorney expressed the opinion that alternate draft
number one was an unlawful delegation of the City Commission's
authority. He also expressed some doubt about the legality of
the proposed alternate number two.
After general discussion, on motion of Reverend Gibson, .seconded
by Mr. Reboso, it was unanimously agreed (Mr. Plummer absent) to
strike the remainder of the sentence on page 33 of the proposed draft,
line 1, after the words "electors of the city".
Dr. Murray Mantel, representing the citizens committee consider -
ing this matter, appeared and suggested a third alternative to the
method of selecting members of the boards, and the City Attorney
expressed the opinion that the alternative was not legal.
It was further agreed, after discussion, that the language on
page 31, line 10 providing for soliciting and encouraging the public
and professional or citizen organizations should be clarified to mean
that a legal notice would be published in a newspaper of general
circulation in the City of Miami.
7-12-73
1)
With respect to the reference to appointment of vacancies
on the Planning or Zoning Boards, set forth beginning on line 35,
page 31, and continuing on to page 32 of said draft, it was agreed
that one alternative member be appointed to each board, but to
serve for the sole purpose of replacing any member who might re-
sign or die during his or her term on the board. The motion was
introduced by Mr. Plummer, seconded by Mrs. Gordon , and adopted
by a four -to -one vote, with Reverend Gibson voting no.
Reverend Gibson expressed the opinion that this decision
could very well come back to haunt the Commission.
It was further agreed to approve several "housekeeping
items" on page 32 of the proposed draft.
NOTE: The matter was deferred until later during the
meeting.
16
7-12-73
•
RECEI F _SEALED BIDS - SAN MARCO SANITARY SEINER IMPROVEMENT SR-5316-C
The City Clerk inquired if there was anyone else in the audience
that had a bid for the above project and had not turned it in to the
Clerk.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-523
A RESOLUTION TO RECEIVE, OPEN, READ, AND TABULATE AND
REFER TO THE CITY MANAGER, BIDS FOR CONSTRUCTION OF
SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316-C
PROJECT #74 - "76 CAPITAL IMPROVEMENT PROGRAM"
(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:
Intercounty Construction COrporation
Ebsary Foundation Co.
Mr. Reese; Mr. Mayor make I make an observation. I want to bring to
the City Commission's attention this project was brought up before the
City Commission in 1962 for us to go in there and construct the sewer
system and at that time a small group of citizens appeared before the
Cu:nmission and the Commission voted the project down. In 1971, or 1969
we brought it up again at which time we made a federal application for
assistance. It was confirmed and ordered in 1971 and in 1973, In 1969
May 27th we made application for federal funds. On May we got the
results back that they would participate in this project 1973.
This is the length of time and this is what is happening to the con-
struction costs. They are going up constantly all the time ai:d here
we are at the mercy of trying to move ahead, so this is why you don't
have the sewers in the City as rapidly as you should have.
9, RECEIVE SEALED BIDS - VIRGIN_IA GROVE HIGHWAY IMPROVEMENT H-4358
The following resolution was introduced by ,Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-524
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE
CITY MANAGER FOR TABULATION, BIDS FOR CONSTRUCTION
OF VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358
PROJECT #133 - "V6" CAPITAL IMPROVEMENT PROGRAM
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
17 JUL 121973
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:
Holland Paving Co., Inc.
Marks Brothers Co., Not Inc.
10, CONFIRM PRELIMINARY ASSESSMENT ROLL - MUSA ISLE SANITARY SEWER
IMPROVEMENT SR-5308-C (CENTERLINE SEWER)
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-525
A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT
ROLL FOR CONSTRUCTION OF MUSA ISLE SANITARY SEWER
IMPROVEMENT SR-5308-C (CENTERLINE SEWER) IN MUSA
ISLE SANITARY SEWER IMPROVEMENT DISTRICT SR-5308-C
(CENTERLINE SEWER), AND REMOVING ALL PENDING LIENS
FOR THIS IMPROVEMENT NOT CERTIFIED HEREBY
(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
No objectors appeared in connection with the adoption of the
foregoing resolution.
11, CONFIRR ORDERING RESOLUTION - ADVERTISE FOR SEALED BIDS_ UR
CONSTRUCTION CIF ICI,. 4 COURT HIGHWAY IMPROVEMENT H-4360
The Mayor announced the Commission was now ready to consider
this item and asked if any objectors were present.
Several persons appeared.
Mr. Joseph Vitaile: My name is Joseph Vitalle, 5980 N. E. 4th Court.
We have submitted to you a petition of a list of property owners
between 58th and 60th Street on 4th Court.
If you the Commission are acquainted with those streets, you will know
we have no need for improvements. All that this improvement states
that we need curbs and drainage is not needed on our street. Not quite
2 years ago it was resurfaced. We have no drainage problems and we have
beautiful landscaping and I daresay we have two of the most beautiful
streets in Miami. The people that I assume made this request live
north of 6lst street. If you are acquainted with that neighborhood,
you will find that they do have a problem. If I lived there, I would
be the first to go for it.
1� JUL 121973
They live in a lake after a rainstorm. They have no street, no
curbs, no landscaping. Its a sight, but why should we be involved
in an expense which you know today, we have a tough time trying to
meet other kinds of expenses and I wish the Commission would consider
that because our streets from 58 to 60 St are beautiful streets and
there is no need for us to go to any expense to beautify it anymore.
Mr. Grimm, Dir.Public Works: As the COmmission knows, N. E. 4th Court
is basically a semi -arterial street. It was authorized as a highway
project from 54th Street north to 79th Street. We did receive a
petition from this gentleman which is restricted to this particular
1-block between 59th and 60th. There were 20 signatures on this
petition, 6 pf which were wives, so that gets it down to about 14 and
of the 14, our records didn't indicate that 3 were owners of record.
The only real objections we have had to this project were isolated in
this 1-block. I personally feel that this is a worthwhile project.
This is a redevelopment of the street providing full pavement, curbs
and gutter, positive drainage, adequate lighting and landscaping and
since the City has reduced the assessment by 75%, the taxpayers as a
whole are paying 8 times as much as the individual property owners.
I know that sometimes isn't a selling point but to me its a valid one
and these people can pay for this over a period of 10 years. I realize
its an expense item. I also know if the city were doing it for nothing
we wouldn't have any objectors. It always gets down to a money matter.
Mr. Vitalle: May I ask a question. Are you acquainted with that
street? Do you think it needs improvement?
Mr. Grimm: If the Commission will look, I have furnished each of you
a book and in the middle of t}at book are photographs of the existing.
You will see pictures that fairly well depict the existing conditions.
Mr. Vitalle: We never have a drop of water even after the heaviest
rainstorms. Its been newly resurfaced, curbstones, proper drainage
and beautiful landscaping. Why should we be involved in a situation
like this?
Mr. Grimm: The area this gentleman is in, this is true. Its predom-
inantly a residential section he is in. North of here is commercial
on the westerly side and residential on .:he easterly side. I don't
know how we could very well isolate 1 block out of the whole project.
Mr. Plummer: Let me ask you -
Mayor Ferre: Why not?
Why if there is 1-block that meets your criteria and your satisfaction,
can't you do this and the other part in the commercial area where
obviously its needed/
Mr. Grimm: If that were going to be done Mr. Mayor, I would recommend
that we start the project az 60th and go north and delete it all the
way south of there.
Mr. Vitalle: That's the way it should be.
Mayor Ferre: Show us on the map what you are talking about.
Mr. Grimm: If we were to delete any portion, I would not recommend
that we delete 1 block but take it from this point here and delete it
all the way back to 54 street.
Mr. Plummer: You are talking about 6 blocks?
Mr. Grimm: Yes Sir.
Mayor Ferre: You would have a beautiful avenue.
Mr. Vitalle: They couldn't make it more beautiful than it is now.
Mayor Ferre: you know that is not so, you know it can be greatly
improved.
Mr. Vitalle: I mean under these circumstances. Why should we be
involved when it does not need it?
10
Mayor Ferre: That's another argument. That I miOt go along with you
but don't tell me it can't be improved.
Mr. Plummer: Mr. Grimm, in any way will this situation alleviate the
problem at 54th and Biscayne? That has always been like a bottleneck.
Mr. Grimm: Yes Sir, we propose to come in and pro'ide an adequate
barrier between the Biscayne Boulevard traffic and the 4th Court traffic
which practically merges at that point.
Mr. Plummer: Well then Mr. Mayor, I would not be in favor of dropping
it as he says, all the way down because -
Mayor Ferre: If you look at exhibit #2 in your books and #1, you are
going to see that in my opinion, that portion which is the southernmost
portion isn't beautiful and that certainly needs a lot of work.
You then go on to exhibit #4, and get to that portion which is on 59th
Street and you see the Palm Trees on either side and that's the portion
that I think the people are here for today are residents of that portion
of those 2 blocks, from 60th to S8th, is that right?
Mr. Plummer: Yes but Mr. Mayor the immediate question that has to be
asked is what is that going to do to the continuation of a project all
the way down? I can appreciate these people's problem.
If we take out 2 blocks of the thing, in your estimation, will it
seriously hamper the overall good that the entire thing will do?
Mr. Grimm: Well you are asking me something I will have to answer with
an opinion. What you would have is a newly developed street on either
end of a 2-blocks that didn't match. Anything can be done.
Mr. Plummer: Are we talking about a street to drive down and all of
a sudden, you have to be narrowed in?
Mr. Grimm: No, that would not have to be the case.
Mr. Plummer: Well then we can delete the 2-
Mr. Vitaile: We have a beautiful wide street.
Mr. Grimm: It could be done. I won't say thatit couldn;t be done.
Mrs. Gordon: Mr. Grimm, I think this is a beautiful portion of that
overall area.
Mr. Grimm: That is the best portion of the whole street Mrs. Gordon,
there is no question about that.
Mrs. Gordon: Why don't we just eliminate that portion and do the rest.
Mr. Plummer:` Mr. Mayor, I think we have' heard the thing and we are
all in accord, I will move we accept this deleting that portion between
58th and 60th Streets.
Mrs. Gordon: I'll second it.
Rev. Gibson: I just want to know technically, I am not going to worry
about the beauty. I want to know about smooth operation of the entire
system.
Mr. Plummer: I just asked that question.
Mr. Grimm: Technically, we can solve the problem Father.
Mayor Ferre: I think what may happen eventually is that when you
ladies and gentleman of the neighborhood see what a beautiful street
you have on either side, you may be so happy with it, you may want to
extend it. We have a motion. Call the roll.
20 JUL 121973
•
The following resolution was introduced by Mr. Plummer who moved
its adoption:
RESOLUTION NO. 73-526
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-192
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF N. E. 4 COURT HIGHWAY IMP-
ROVEMENT H-4360 IN N. E. 4 COURT HIGHWAY IMPROVEMENT
DISTRICT H-4360
(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
12. OBJECTIONS TO CONFLRMING ORDERING RESOLUTION (N0. 73-193
N. W , 29 STREET HIGHWAY IMPROVEMENT H-4361
The Mayor announced the Commission was now ready to consider
hearing any objections to confirmation of N. W. 29th Street Highway
Improvement H-4361.
Several objectors appeared.
Mr. Griffin: My name is J. Wyatt Griffin. I am a Realtor and represent
the Dade Mortgage and Builders investment corp on the corner of N. W.
7th Avenue and 29th Street.
My objection is not to the project gentlemen. Its something on the same
order. My objection is that we have a building and I would like to give
you a picture of it on this corner.
Mr. Plummer: Did you say the N. W. corner?
Oh S. W. corner.
Mr. Griffin: Our building is on the S. W. corner. We have a bar and
numerous small stores running back to the alley. Our problem is we
have 12.75 per sq.ft. for new sidewalks, curbs and gutters.
We have already put these things in and paid for them. We are on the
intersection. We aren't going to gain a thing in parking because they
don't allow parking east of 7th Avenue. Our problem is parking which
we know you can't solve because they allow no parking and no stopping
in front of our buildings. We have asked the engineering department to
when they come up to this corner, to not rip out our sidewalks and not
rip out our curbs which have already been liened and paid for and if we
have to rip them out and pay for them all over again, we will just have
to rent on all those small stores over the period of time.
The street is widened here but beyond -us there are parkways.
Mayor Ferre: Lets here from the administration. Mr. Grimm would you
tell us whether or not the specifications that you have for this
improvement, whether the existing curb and gutters that they put in
fits within those specs. If it does, it doesn't make any sense to rip
it out.
Mr. Grimm: We do not intent to rip out the sidewalks. We intend to
salvage the sidewalks. Glance through the book and you will see it in
the cross-section, how we propose to develop the street as it stands
right now, its primarily a commercial st.reet with dirt parkways.
We intend to come in and develop positive drainage, provide a paved
parking and landscaping area similar to what you see in the Grove only
21
on an 80' cross section instead of a 50' cross section, so we will have
4 moving lanes of traffic with parking and landscaping on both sides.
You see from the cross section that we intend to widen the sidewalk but
not destroy it. Now that does not mean that there isn't a place some-
where in this mile of street that we won't have to remove some existing
construction. I can't promise you that. We aren't that far in the
stages of details of design.
Mr. Griffin: Mr. Mayor, may I say that our protest is that if they
don't take out all of our stuff, they are going to charge us the same
rate as places where they do. A separate foot frontage should be given
to these properties where things we have already paid for are utilized.
Its a reasonable request. We can't get an answer from them, that is
why we are here today.
Mayor Ferre: My personal opinion is that the matter should be looked
into. I don't think we can hold this matter up today.
Mr. Grimm: I will assure the Commission that we will not destroy any-
thing that we don't have to. If that is recorded in his particular
piece of property that we do not have to build curb and gutter or
sidewalk, then he will not be assessed for it because this is done on,
the basis of actual construction but I can't say to him that I won't
tear it out today.
Mr. Griffin: Thats another thing. They won't even tell us that they
won't take it out.
Mayor Ferre: But I think they will when they have the appropriate
engineering done.
Mr. Griffin: Well don't you think you should wait until you get the
appropriate engineering done before you pass this project?
Mayor Ferre: We have too many other important things and people to
consider and the City as a whole and we are going to do it in such a
way so that at least .you have that protection, if there is any.
Mr. Griffin: 0ur things are important to us to and we in our little
buildings do not try to decide them before we have all the facts.
Mr. Plummer: The Mayor is telling you Sir, we are not overlooking it.
We are going to pass it and if you have a problem with Mr. Grimm,
come back to this Commission and we will see what we (scan do to rectify it.
We are not overlooking you.
Mrs. Gordon: If you don't tear up his sidewalk and have to rebuild it
because it is already in there, should not in my opinion be wasted,
will he still be charged a proportionate share of the overall
improvement?
Mayor Ferre: No.
Mr. Reese: Not for the overall sidewalk improvement.
Mr. Grimm: He will be charged only for those improvements which abut -
his piece of property.
Mr. Griffin: The paving which it may need. The curb and gutter which
we have and I may object to the gutter a little bit because we have
already paid for it but the sidewalks, if you have to widen it, we would
probably paid for the additions. On this street, there is no need for a
wider sidewalk. There is a need for a wider street but not a sidewalk.
Mrs. Gordon: All right that clears it up. He would get credit for
what is salvaged.
Mr. Grimm: Yes Mam.
22
JUL 12197
Mayor Ferre: I n other words Mr. Reese, if they don't tear out in
front of his property there, then he isn't going to be charged for a
new curb and gutter.
Mr. Reese: Unless he gets a new curb _ and gutter.
Mayor Ferre: Now the sidewalk improvements, he has to pay his proportionate
share, there is no question about that.
Mrs. Gordon: You mean street improvements. He has already got his
sidewalk.
Mayor: Ferre: I think we all understand it.
Mrs. Hayes: I live at 2900 N. W. 10th.Avenue. I have 100' on 29th Street.
We have a storm sewer there right in front of the property and the
drainage is good. The only thing that's necessary is from the road
out to the sidewalk to be filled in. Other than that, I can't see
spending 1275 dollars and I have a duplex there and the rent isn't that
high that I can afford to spend that kind of money and all the ...,.neighbors
are up in arms. They are mostly widows up and down the street and they
certainly can't afford it either. The sidewalk is low on loth Avenue
and the road is higher. That's where the water stands but other than
that, 29th Street is fine.
Mayor Ferre: Mrs. Hayes let me tell you, this is a problem that this
COmmission sees at every single meeting. We see it with sewer•improve-
ments projects and the same, and I forget who made that statement but
everybody wants to go to heaven but nobody wants to die. That is the
problem. Everybody wants improvements. We all want a better city and
better streets and lighting in the street. We want proper sewage. We
want to have nice green areas and beautify the city. We deserve that
as citizens. The problem is the way this thing is established, the
people who will benefit by the improvements have to pay a part of it.
That's the way the law reads and what happens is when it comes your
turn or my turn, we want the improvements but don't want to pay for
them and If I have to pay for them, I don't want the improvements.
That is exactly what you are saying in this petition as I read it.
You are telling us that the taxes are high and you don't want to pay
any more and I think you are absolutely right. I can't blame you for
that but the problem is that if we take that position on every thing
then the City of Miami couldn't improve anything.
Mrs. Hayes: What should be done is the traffic there. My fence was
run down 3 times. Once in May and twice in June. I just got a new
fence up for the 4th time.
Mayor Ferre: Will these improvements help the traffic with the gutter
and all that?
Mrs. Hayes: No they just want to beat the light there, there is a
traffic light there. People don't even carry insurance so I hove to
pay the first $50. Allstate is going to throw me out, I know that.
Mayor Ferre: Well you see what our problem is. We are between,
its a dilemma/ on the one side, we don't want to charge anybody anything
extra and on the other side, we know we have to get on with these
improvements and under the law the way it exists there is no other
way to do it. Is that right Mr. Reese?
Mr. Reese: I don't know of any other way. We have to assess for the
benefit to the property.
Mayor Ferre: I know its no consolation to you to tell you that your
property is going to be more valuable by improving the streets.
Mrs. Reese: Also Mr. Mayor, now you only pay 25% of the improvement cost
on a front foot benefit basis and it used to be higher than that and
also that there is a provision whereby these people can extend the
payments over a period of time with a nominal interest rate.
23 JUL 12197
Mayor Ferre: Over what, a 10 year period?
Mr. Reese: Yes.
Mayor Ferre: Again, its no consolation. If you have to pay for it,
you have to pay for it. But you have 10 years to pay for it and its
at a very nominal interest.
Mr. Reese: The law is not arbitrary and capricious.
Mayor Ferre: Its very exact you see and we can't waive it for you
and not waive it for somebody else.
Mrs. Hayes: Why can't the city just fill in like they have been doing
for years. When the cuttings are put out and the truck comes along and
picks it up, they take some of that soil with them. Why can't they just
fill in and leave the road as is?
Mayor Ferre: You see, there is a lot more to it than that.
We have a lot of improvments that are going to be made.
Mrs. Hayes: We don't need shrubbery there.
Mayor Ferre: I am going to give you this book and you know your
neighborhood better than anybody else. Nobody knows it better than you.
Look at 29th street in these photographs. You tell me whether or not you
think that area shouldn't be improved. You see it every day but look at
it in a photograph. We in the city can't be proud of that.
Mrs. Hayes: Mr. Mayor, they have taken the worse of every street there.
My property doesn't show up and I am right on the corner of l0th Avenue
and 29th Street and you don't see it at all.
Mayor Ferre: How many objectors vdo we have on this matter?
.Raise your hands. How many want to speak. We are running very late.
Defer? What are we going to defer it for?
Mr. Plummer: Mr. Mayor, I think Mrs. Gordon has apoint. Lets defer
this item and let the Commission go out and take a look.
Mayor Ferre: These people have come here today and they have sat here
for an hour. I think we ought to listen to them.
I will set 10 minutes and we will cut this off.
Mrs. Prara? 1145 N. W. 29th Street. Why do we have to pay for that
parking on the street? We have a tree there and they couldn't take
the tree out, its practically dead and I had to get the city police
to remove the tree. I am asking now, why are we responsible for the
parkway? This is the 2nd year that we have been overtaxed.
Virginia H. Timm: I live at 856 N. W. 29th Street since 1941.
Very frankly we have storm sewers that have been put in recently.
Our sidewalks have been improved recently. They are wide enough for
children to run up and down with their bicycles. The recent influx
there, the area is quickly becoming a blight area. I do not feel that
I am able.to afford 1275 dollars even over a period of 10 years when
my income was 2300 last year and I have gone on social security this
year. I can't afford to pay it I have to borrow $1000 every year
to pay my taxes, realestate taxes on that and another small parcel
of land left to me by my aunt. Now I had to put 2-$10,000 mortgages
on my property to pay off where I had to borrow before so I would not
lose my properties. I feel that this is a great hardship. I feel
the taxes are too high for the way the neighborhood has run down over
the years. That was a nice street when I first bought there. It was
a thoroughfare, it is a wide street. We do not need an island down
the middle with plants on it which create a hazard for the driving
because cuban people do not know how to drive well enough, the
ladies I am speaking of, that have recently got cars, they do not
know how to drive well enough to miss the island. We do need the
off-street parking that we now have. I'll admit its just ground and
not concrete but I don't see why if they take the existing parking on
the side and create the island down the middle, I don't see where
2k
the cars will be able to park and I think this is some plan by somebody
with holes in their head and we don't need this expense on 29th street
in the blocks where we live, its residential.
Mayor Ferre: Anybody else want to be heard briefly?
Mr. Reese would you briefly reply to the lady about the tree?
Mr. Reese: Well I think that the lady answered her own question by
stating that it was a rundown and deteriorating neighborhood and the
City is trying to make its contribution to counteract this first of
all to go in there and do - a master facelift on that street, realizing
its an economic impact on these people but I think that in the long run,
the neighborhood would benefit by it because of the value and the
potential use of the land in that area. I think this has to be looked
at and of course when a person is in economic stress, its very hard to
look that far ahead but this is a total benefit that has to be looked
upon as the benefit of this overall improvement and I would like to
make an observation to the lady. I am a Welshman and I have driven a
car and won't tell you tot how long but I think I am about the poorest
driver in the country so maybe the other fellow is a little bit better.
Mayor Ferre: Is there a motion of any kind now?
Mr. Plummer: Mr. Mayor, I will reiterate what I said before.
I think we should take the time to go out and look at the street and
then formulate this opinion. There isn't anything that is going to
make or break this in 2 weeks. We have the thoughts of the people as
they have expressed them and then lets go out and look and make a
determination.
Mayor Ferre: Mr. Reese, would you schedule this for September 13th
meeting please?
Mr. Grimm: excuse me Mr. Mayor, did you say September?
Mr. Reese: July.
Mayor Ferre: We aren't going to have time on the 26th,
Well fine, put it on the 26th then.
I frankly think if we can put it on the 26th, there is not anything to
be by putting this off.
are
we?
It was unanimously agreed to defer the matter to July 26, 1973.
13, CONFIRM ORDERING RESOLUTION - NORTH BAYSHORE DRIVE HIGHWAY
IMPROVEMENT H-4359
The following resolution was introduced by Mr. Plummer wi:o
moved its adoption:
RESOLUTION NO. 73-527
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-191
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF NORTH BAYSHORE DRIVE HIGH-
WAY IMPROVEMENT H-4359 IN NORTH BAYSHORE DRIVE HIGHWAY
IMPROVEMENT DISTRICT H-4359
(Here follows body of resolution, omitted here and on file in
the City Clerks Office)
25 JUL 121973
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Reverend Gibso-n, Mrs. Gordon and Mayor Ferre. NOES: None
14, CONFIRM ORDERIM RESOLUTIONS - NORTH BAYSHORE DRIVE SANITARY SEWER
IMPROVEMENT SR-5383-C (CENTERLINE SEWER) & SR-5383-S (SIDELINE SEWER)
The following resolution was introduced by Mr. Plummer who moved.
its adoption:
RESOLUTION NO. 73-528
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-426
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF NORTH BAYSHORE DRIVE SAN-
ITARY SEWER IMPROVEMENT SR-5383-C (CENTERLINE SEWER)
IN NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT DIS-
TRICT SR-5383-C (CENTRLINE 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, Reverend Gibson and Mayor Ferre. NOES: None
The following resolution was introduced by Mr. Plummer who moved
its adoption:
RESOLUTION NO. 73-529
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-
427, AS AMENDED BY RESOLUTION NO. 73-512, AND AUTH-
ORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF NORTH BAYSHORE DRIVE SANITARY
SEWER IMPROVEMENT SR-5383-S (SIDELINE SEWER) IN
NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT DIS-
TRICT SR-5383-S (SIDELINE SEWER)
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None
26
f
15, EQNEIRM ORDERING RESOLUTIONS - _LIBERTY SANITARY SEWER IMPROVEMENT
PHASE II SR-5377-C AND SR-5377-S
The Mayor announced the Commission was now ready to consider
hearing any objections to the ordering resolutions as described above.
Several persons appeared.
Mr. Willie Scott: Yes, I would just like to ask about that charge,
a charge for treatment disposal sanitary sewer will be added to the
water bill by the Miami -Dade Water and Sewer Authority for all prop-
erties that can be connected to the sanitary sewer.
This is called a surcharge and it is approximately 129% of the bill
of water consumption.
That 129%. Would that be the total overall for my connection or what
is that 129%?
Mr. Grimm: That is strictly thewater bill.
Mr. Reese: The surcharge is for an example if you pay $i for your water,
in addition to that, you then pay 29t which is the surcharge that is used
to pay for the cost of taking your sewage from liberty city area over to
the disposal plant and disposing of this sewage.
This is the way the sewer disposal plant was funded and the water bill
is used as a means of getting at a fair cost to everybody's fair share
for paying because your sewage is usually in direct proportion to the
water you use and this is how its arrived it and this is an explanation
to you of what the surcharge is and what its used for.
Mr. Scott: Do I understand you to say Sir, my water bill is $11, I pay
29¢ on each dollar of that?
Mr. Reese: Yes Sir.
Mr. Plummer: We are speaking of an area now where the common practice
is when an apartment is rented, that the water bill is included in the
rental. I assume that particular setup, that the landlord or agency is
pays the entire water bill. Now, I can only see one thing, that rents
are going to go up because of it. Is there any provision or should there
be, of trying to protect the situation that could be out of hand?
We have found some of these people renting apartments and they charge
for electricity. They are adding their own surcharge to it.
Could this happen? Or could it be built in that it cannot happen?
Where a tenant, not an owner who supposedly has the water included in
his bill for rental, that he is not going to be charged not only an
additional rent, but also a surcharge on top of that for the landlord
to process. Do you understand my question?
Mr. Reese: I understand your question thoroughly and I thin you will
find that landlords have all kinds of provisions, agreements and contracts
as their costs increase, they also escalate the rental but I don't know
if the City of Miami has the constitutional authority to adopt an ord-
inance to regulate how a landlord would disperse the costs against the
users in his property. I don't know if you have that authority.
It would be worth looking at because this gets into price control and
rent control theories.
Mr. Plummer: With price freezes, I am not scared about it now but I
remember reading very vividly about a trailer park where you didn't
have individual meters at a trailer, the landlord was putting out a
blanket X-number of dollars per trailer which in fact they were then
paying a surcharge. Administrative cost is what they called it.
Mr. Reese: Of course, there is a law in the State of Florida under
the Public Service Commission that when you buy energy on a meter,
you can't resell it.
Mr. Plummer: What about water and sewage?
27 JUL 121973
Mr.,Reese: Not to my knowledge because the Public Service Commission
doesn't regulate water and sewer in the City of Miami or set the rates.
this could be and it might be feasible for Metropolitan area government
to look at because they are now the rate setters of water and sewer.
Mr. Plummer: I think its an important facet. In the Liberty City area
there are a great number of rental units and I have driven by these
rental units time and again and seen the billboard on the side of the
apartment, your rent includes your water and electric and I can see
where some games can be played in the interim there. They would say,
my costs went up, your rents going to go up.
Mr. Reese: Unfortunately, Mrs. Range knows this better than I do that
a large number of those places are rented on a weekly basis and when
that man comes around in the morning to collect that, this is sometimes
when the rent is now 50¢ more, its now 25(t more and so on and this is
where your built in costs are constantly going up, but again, the
only way I would know is if the rate authority has the constitutional
authority to regulate this, that world be the source of regulating.
Mayor Ferre: Mr. Plummer, any further discussion?
All right then, the chair recognizes Mrs. Range,
Mrs. Athalie Range: Thank you very much Mr. Mayor, Father Gibson and
Lady and Gentlemen of the Commission.
I have come to speak from the aspect of the charge per 50' lot frontage
for the improvement. We note in the letter that this charge $860.00
I realize that the cost of living and everything has really accelerated
tremendously in the past few years but I myself would like to have this
explained as many others who are interested, who could not be here today
and let me make this clear. I am not attempting to represent the
community but I feel that many many people are not here simply because
they do not fully understand the impact of this $860 per 50' frontage
for this improvement.
I would like to make just one or two observations. We realize that
this can be paid over a period of time. We realize this with a 5%
interest charge on it. Nevertheless what is more important and what
strikes me even more is the fact is that as septic tanks become non -
usable, and permits are no longer issued for the repair of these septic
tanks once the sewer line is put, its simply going to mean that people
are actually going to have to leave their homes. There are many many
home owners in this area who are beyond the age now of being able to
support themselves, who are on social security or other means of
limited support and when they pay the $860 foot frontage plus having to
pay for the hookup from the lateral to their property line, its simply
going to be a matter of impossibility for them. Its unfortunate that
we have come at the time when the cost of living is higher than it has
ever been to have our sewers put in at this particular time.
I just left the Public Works Department and I noticed that as late as
less than 2 years that there are areas sewered or put out foe far less
for $3.80 per 50'frontage or $4, I am not quite sure but even though I
agree with you that the cost of living has gone up, it strikes me that
more than 100% is certainly bears some questioning and I would like to
have your explanations on this.
Mayor Ferre: Mr. Reese?
Mr. Reese: I want Mrs. Range and everybody to understand that this
is an absolute estimated figure and we have to come up with an
estimated figure of what we t}ink its going to cost. The final figure
and final billing is what our actual cost is and I think one of the
good examples as I pointed out to the Commission earlier today of a
case in 1962 that was before this City Commission for San Marco. If
at that time, those sewers were adopted and the authority to do ahead,
it would have cost between 6 and 700,000 dollars for the total project.
Today in approving it, its going to represent a cost in excess of
$1,300,000 and if we wait much longer its going up.
Mayor Ferre: Twice as much, since 62?
Mr. Reese: Since 62 and its even increased since we first made
application for federal assistance and this was 1969 and since then
it has constantly gone up on the estimates.
28 JUL 121973
1
I don't know how you can possibly keep these costs down and the only
way is to get to work on the ground and recognizing that if we are so
unfortunate that this does cost $800 for 50' lot, its going to rep-
resent a cost of *80.00 a year to a taxpayer, its an impact but don't
overlook the fact that you are improving that property and if that
septic tank has to be pumped out once or twice in 10 years, you know
the cost of that better than I do and in this market and you used to
have a lot of problems along that line and some of these septic tanks
I think I am right in saying, have to be pumped out at least every 3
months in that area, which is a cost item. Fortunately with sewers,
you won't have to have that. Again, I can only extend the greatest
sympathy possible but we have to face realism and this has been through
the efforts of the Model Cities and everyone, made one of the top
priority items of projects in the City of Miami, and we are even trying
to make it the largest possible project in the City to make it the least
costly so when a contractor does move in, he won't have to spend money
for moving out and back etc, he will be there for a long enough time to
get the total job done.
Mrs. Range: I can appreciate everything you are saying Mr. Reese
but in addition to this, what probably has not been said, I am not sure
if I read this in the letter or not and it probably is here but when
the time for the hookup comes, this is going to be a one time cash
payment which is also a very and extremely high item to the property
owner. I know in some areas where there have been hookups, a plumber
is at liberty to charge whatever he wants. 3, 4, 5, 600.00. Maybe
somebody on the Commission has had an experience, I don't know, but
this would be a one time thing, the plumbers aren't going to allow the
people to pay on a monthly basis and I am just trying to face reality
as to what is going to be the problem when time for the hookup actually
comes. Now the average person, you know we are accustomed in our area
to living on installment plans. That's why were always in debt.
Because unfortunately we have not considered the actual cost, we have
only looked at the monthly payment so 1 realize its true when you say it
can be extended over a period of years but the 5% interest rate only
serves to keep us in debt continuously but what I am speaking about,
when this is completed and its time for the hookup and we must get off
the septic tank, then somebody is going to be having to come up with
nies for the plumbing and 4 or 500.00 in some instances for many
many people, this is a matter of impossibility. What is going to happen
to these people when they simply cannot find the money? To hook into the
line for clean sanitary living?
Rev. Gibson: Did I hear Model Cities had something to do with this?
Mrs. Range: It has not been my knowledge.
Mr. Plummer: Model Cities as far as I know, Mr. Reese, but they did
put some amount of money in for the sewers.
Mr. Reese: Model Cities made it possible to hook up to sewers outside
of the CIty of Miami . They financed that but for some unknoi'n reason
when it comes to the city boundary lines, they stop. Now, this is a
great inequity but I understand unfortunately they are not as free with
the flow of cash as they have been, they have been restricted.
This might be a possible solution for Model Cities to make a real plea
on this and get additional funds out of special grants for this purpose.
It isn;t impossible because they have created a precedent in their
Model Cities area and they are not treating every one of the residents
to the same degree as they treated others in the model cities area but
it is only a possibility. The other possibility is there is a method
under public housing or H.U.D. financing provision where a property
owner can go to a bank and under a controlled loan, get the money for
the house hookup cost. Again, this is a time payment deal but its the
same procedure that most people today go through to acquire or get
anything done.
Mr. Plummer: They have to qualify, don't they Mr. Reese?
Mr. Reese: Its agair.st the property.
Mr .Plummer: Well Mrs. Range. I think you were aware some 2 years
ago I brought this same problem home to bear. It came very vividly
to me when I paid my $485 as my share of putting the sewer down the
2g JUL 121973
and then when I went to get the plumber to install from the street
into my septic tank, I got bids ranging from $920 to $1400 and I
said what good is it to put a sewer down the middle of the street
when nobody is going to hook up to it. I then asked at that time
that these matters be looked into and I got the same answers. I was
under the belief and still am that the City whether it be the Water
Dept or the City itself oould finance such a problem over a 10 year
period and encourage people to hook up. I was hopeful at that time
that it could be done through the water and sewer board. Mr. Sloan
came back and said no, that the alternatives were thru Model Cities
or Home Improvement loan which many said they couldn't qualify for or
through this grant. Now Mr. Mayor, I was aware of the problem then
and I am aware of the problem now. I think Mr. Reese was the one that
questioned whether the city could finance such a proposal. If the City
can finance, my argument was if they could finance the improvements to
put them in, that in fact the city could finance the improvement from the
street into the house and encourage at low interest for homeowners to do
this. Mrs. Range all I am saying to you is we are not unaware of this
problem, that I brought this up 2 years ago.
Mrs. Gordon: Mr. Reese with regard to the revenue sharing funds which
are allocated to the city, can we consider a portion of that money for
needs in an area where the residents truly prove that they cannot
financially assist in the improvement for•the hookup and I think that
if we could, that we should consider some expenditure from our revenue
sharing funds for the most needy and if we took a group perhaps we could
say the senior citizens whose fixed incomes prohibit them from even being
able to live for the daily necessities of what they receive. Can we?
Mr. Reese: That's a very difficult question for a yes or no answer
because I don't see under the present priority system where it would be
permissable but I don't want to say it is not permissable. This would
have to be a question resolved by the city attorney but if I could make
a personal observation, it is my feeling that this is not the solution.
As Commissioner Plummer pointed out, this was brought up 2 years ago.
Our present charter specifies what and how we can do public improvements.
How we go about borrowing the money. What the money can be used for and
what chargeback we make, the charter specifies that. If this City
Commission is so inclined, they could have that provision changed whereby
there could be a provision in that charter that would give this city
commission the authority to borrow the money and use it for that purpose
and then chargeback or run it on a time basis. This could be done by
modifying the provisions in the charter.
Mayor Ferre: Would we have to go to the voters to do that?
Mr. Reese: Yes Sir but the voters in the City of Miami have been very
kind and very generous in modifying our charter for the benefit of the
people. It was only a few years ago where we modified it as fir as the
front foot cost being brought down to 25% instead of a much higher figure
.on the costs for improvements.
Mayor Ferre: Let me ask you -
Mrs. Gordon: Wouldn't they have to repay that?
Mr. Reese: This is what I am saying. Yes but somewhere along the line,
you could get it set up for a longer period of time. There is nothing
magic about 10 years. It could be for 20 years.
Mayor Ferre: Mr. Reese, I intended to ask the Walker Bros who were to
come to receive a plaque we were going to present them but I think of
FHA and the guarantee of the government of repayment of loans which has
a fairly good record of collecting. Rather than the City of Miami act-
ually going into the money lending business which I think it is out of
purpose for the city, could we legislate and put on the charter some
kind of a program where the city would guarantee loans by savings and
loan institutions. 20 year loans for example of 1S and act as a
guarantor therefore in hopes to put ceilings on interest rates etc.
30 JUL 121973
Mr. Rothstein: You are prohibited by the constitution. You can't
lend your credit to anybody.
Mayor Ferre: There is no way for the City to be involved in any type
of guarantee -
Mr. Rothstein: Not in that form, not in a guarantee because that is
lending your credit -to an individual.
Mayor Ferre: Well how c ould we actually do that in changing the
charter?
Mr. Reese: You can change the charter without putting the city in a
finance position of incorporating in the cost of your sewer project
the house connection, or to run it up within the boundary lines of the
property.
Mayor Ferre: Do we lay up that money in the bank someplace or is
that against us? If somebody has $1000 to pay for the line, not the
hookup and we give them 10 years at 5%. Is that our money or do we
take that paper and lay it off at a bank someplace?
Mr. Reese: No Sir, this is part and parcel of the general bond
obligation.
Mayor Ferre: That goes into the general bond obligation.
Mr. Reese: What I am saying is, you could modify your charter whereby
you could absorb into this overall public improvement, part and parcel
of this house connection cost.. Now I would not recommend that you would
go beyond the property line. You would run it up to the property line.
This would absorb in most cases in that area about 2/3 of the sewer
costs because the 1/3 would be within the property line. Some properties
would be less. This would be part and parcel of the total cost and you
would do this on a volume basis, it would be less expensive than it
would for the individual plumber and it would be charged back on this
10 year theory.
Mr. Plummer: Mr. Reese, I hate to disagree but one statement you made
I think is totally in error. This will not cover 2/3 of it if you
bring it to the property line Sir, using my house for the example.
$485 was my portion of bringing that sewer down the street to my prop-
erty line. I paid $980 for the plumber to bring it from the property
line and eliminate the septic tank.
Mr. Reese: Yes but 1 think I am on pretty safe ground when I say it
costs approximately 2/3 from the property line out to the sewer to
hookup and 1/3 in the average located property in the City of Miami
today because with a 50' lot, you don't have the_setbacks, as you do
in your larger lots. You have to keep in terms ofthe properties
that exist.
Mrs. Gordon: But its still true that the lump sum payment for the
rest of the hookup is money that the people don't have and if we
could get that money from revenue sharing for the hardship cases, I
think we then could solve the problem pretty well.
Mrs. Range: Mr. Mayor, I want to make -
Mr. Reese: Listen I was trying my best not to get this over to the
emotional side or anything else, we are trying to solve a problem.
To talk about revenue sharing as a source for everything. I even
question if you can use revenue sharing to go in on private property
and make a capital improvement. This is what you are proposing you
see and you have to evaluate it from that angle.
31
Mrs. Range: First of all, I want it made very clear and understood
here that I have not come :simply because I have an interest there.
I have block frontage on 17th Avenue that will run me several thousand
dollars for the lien but I want it understood, that I have not come
begging for myself or for anyone else in the area. I realize that we
have to pay for these improvements as we go along. I realize, unfor-
tunate as it is, that this paticular area was left unattended until we
have reached an apex in our cost of living that's hardly believable but
be that as it may, the fact of life now.
What I would like to have this Commission actually consider before
it goes into this improvement is that you and we the community is
actually going to be faced with a situation where people,many of them,
are not going to be able to hook up no matter how much they would like
Via. No matter how much the law says you can. no longer have septic
tanks, that the sewer lines are there now and you must hook up. Its
the difference between having the money to do it and not having the
money to do it.
You are going to be faced with a situation where the sewer lines are
there, the septictanks are not usable and the people have no method
of sewage disposal. No means to pay for it and I think it needs to
wait for some 2 to 3 years when these circumstances become realities
and when you say you can't have your septic tank any longer and a
homeowner looks at you and says, I simply don't have the money, what
do I do now? Its going to come to that actual point.
Rev. Gibson: What do you suggest Madam? You once sat here and you are
there in the situation plus I lived through septic tanks and I had to
hook up so. I want you to tell me what the solution is.
Mrs. Range: When I sat there, I spoke from the same vantage point that
I speak now. I am not speaking with tongue and cheek this morning.
I said the same thing then didn't I Mr. Reese that I am saying now.
The only thing I can say is, if there is a way, we have come to you
because you are the city fathers and mother. We have come to you to ask
you to help to work out a solution before the problem really becomes a
reality. Do you not agree with me Father Gibson being of my kind, that
there are going to be people out there who are absolutely under no
circumstances going to be able to ,hook up unless there is some special
provision made for those person who are not able, do you agree?
Mayor Ferre: Mrs. Range, everybody agrees.
Rev. Gibson: Mr Dear, the reason I turned to you is that I thought in
your infinite wisdom you had a suggestion to give me and we want you to
give it to us because we are in that predicament.
Mayor Ferre: You have been in the predicament many times where you
want to do something and you are searching for a way to do it and I
concur with what Father Gibson is saying. I sat with you foi 31 years
and we all know that you are not speaking any different now th.ln you
have always spoken. We also recognize the problem that there is a need
for a solution. Not 2 years from now but now. Our problem is that
nobody here can come to grip with how do we solve it actually unless
we turn to revenue sharing funds which Mr. Reese and the City Attorney
have got to determine whether or not we can go into private property
and improve it, whether that is in the purview of what revenue sharing
can do. Now, I don't know what else unless you have a suggestion or a
solution. I think you are absolutely right. I think that it is
criminal, socially criminal, for us to not help people who cannot afford
on their own to pay for need and let them, refuse to let them use their
septic tanks and force them into a situation which is untenable.
Mrs. Gordon: Ask Mr. Rothstein to give us an opinion.
Mayor Ferre: Yes Mr. Rothstein, give us an legal opinion and Mr. Reese
before I ask you to comment, lets go back to your thought now because
I am afraid Mrs. Range that we aren't going to find any solutions where
we can pay for one property owner and not pay for another so that if
we do it in one section of the town, you have citizens right here that
I can tell are going to come back and say, you did it for him, now do
it for me because I am a taxpayer, so I think the only we will be able
to do it is to figure a way to extend the period of payment and include
32
JUL 121973
in the financing portion of it,
the private section from the property line to th:: house and instead of
10 years, perhaps ask for a 15 yr1 payout which for example $500.00,
payments would be 30 or 40 dollars a year.
Somebody could pay 3 or 4 dollars a month.
Mrs. Range: Yes, you realize we are just really seeking a way. This
is exactly what we are all doing.
Mr. Rothstein: #1 It may be possible to work it out subject toa
charter amendment approval that the time period for the payoff could
be adjusted to the life of the general obligation bond for the
improvement area which would give you a much greater time.
#2 It is my suggestion that you indruct us to prepare a charter amend-
ment to be presented to youi:at the next meeting when we will have other
charter amendments in final form to be able to go on the ballot,
certainly at the least along the lines of Mr. Reese's suggestion.
If you haven't solved the whole problem, you have solved a certain
portion of the problem, so you make the dollar number much much smaller
when it comes time so I don't think you should wait to see how we are
going to solve the whole problem. Mr. Reese has made an excellent
suggestion and I think you ought to direct us and Mr. Reese to come up
with a charter amendment covering that area we know is legal and while
we are examining the other area, about doing something on private property.
Mrs. Gordon: I'll move it.
Rev. Gibson:, Second.
Mayor Ferre: So we all understand the motion. What we are doing now
is we are passing a motion instructing the City Attorney and the City
Manager to draft up an appropriate Charter Amendment where the payments
of the personal portion of the hookup is included in the financing,
furthermore -
Mr. Rothstein: Not in those terms Sir. It's bringing the lines to the
property line. In other words having the sewer improvement include not
only the sewer improvement of the street but bringing it to the edge of
the property line as well.
Mayor Ferre: Can't we go beyond that?
Mr. Rothstein: Let us come with that amendment and secondly to explore
the other area.
Mrs. Gordon: Do we need separate motions then?
Mayor Ferre: It can be in one motion but lets make sure we understand
there may be two separate portions of this because we may not be able
tc do one, we can do the other and that is something you will legally
have to investigate. The intent is that in that portion from the
property line to the actual hookup, in those areas where people cannot
afford and can prove, Mr. Reese lets follow this because this is an
important portion of it. Where people can prove that they are unable
financially under normal circumstances and that you will have to
struggle with, to pay for the hookup from the property line to their
home, that this be a secondary loan also in proportion to the other
loan and then the last part of it as I understood it is that the
period of payment is going to be extended so that it is commensurate
if not equal but perhaps commensurate with the actual time of the bond
issue itself.
Mr. Reese: For the life of the bond issue but I recognize Mr. Mayor
that these are the motives you are reaching for but if we can't reach
them all at one direct path, there might be alternate suggestions
where we will accomplish the same mission so -
Mayor Ferre: This is a motion of intent only.
33 JUL 121973
Mrs. Range: Mr. Mayor, I just noted one thing in your motion that I
would like to clear up where you said in instances where the property
owner cannot afford to pay. I am not asking thit anything be given
to anyone. I am only asking for an extended period of time if this
is what has to happen. I don't want anybody to get the impression
that I am down here looking for welfare. We always get this.
I am not asking for welfare but I am asking for a reasonable period
of time.
Mayor Ferre: that's what this motion includes but I think we have to
in fairness, we have a person who is a dentist and who has a yearly
income of $30,000. I see no reason why the City ofrMiami should go
out and finance something -
Mrs. Range: I want that very clear Mayor Ferre because I don't want
to be saddled with having come down seeking something for myself.
I am not saying this. Whenever the time comes, I will certainly see
to it that my hookup is made but I am thinking about those thousands
of people who will not be able, who are not here this morning and
I am not attempting to represent them but I know its a fact of life,
that this is what is going to happen because these people are not
going to be able and its going to be a bigger problem then.
Mrs. Gordon: Athalie, are you suggestion that we eliminate that
from the motion?
Mrs. Range: No not necessarily, I just wanted it clarified.
Mr. Reese: Mr. Mayor, I think I can respond to Mrs. Ranges concerns.
That is that however the charter is amended, it will have to apply to
everybody in the City of Miami and it can't be on class basis and the
provision for the person who has a higher source of income or a greater
reserve is that for these people the inducement is to pay it off on a
lump sum basis and for the other people to be given the opportunity
and we endeavor to accomplish it -
Mayor Ferre: Mr. Reese, I want to vote for this motion and I want
to make it clear. This is only a motion of intent, you are going to
investigate. I want the City Attorney to investigate that possibility
because and I don't mean to be criticizing anyone but let me tell you
a little thing that peeves me. The United Fund does a great job and
I'm not knocking it. The United Fund for example subsidizes for
example the boy scouts and I have 4 kids that are boy scouts and I
because I serve on the Boy Scout Council for South Florida, I know
that every time my kid goes to the Boy Scouts meeting, that for every
dollar I pay, somebody is subsidizing me for 3 or 4 dollars and that
isn't right because I can afford to pay, instead of paying $25, I can
afford to pay $100 for my kid to be a boy scout and on the other hand
there are other people that cannot afford it and should and need
subsidy and all I am saying is that I think its wrong for me who can
afford for my kids to be boy scouts to go on a free ride and Y don't
think the United Fund should subsidize me. I don't need help from the
United Fund. I can stand on my own two legs and you say, you want a
welfare state but I don't. What I am saying is that those people who
cannot afford it are the people who should be given primary consider-
ation and what I am telling you Mr. Rothstein, in this motion as I
understand it, that if it is possible, to do this on a basis of
economic income, I personally see nothing wrong with it because I don't
want to be subsidizing somebody who makes $100,000 a year and saying
and have that man ride the City of Miami on a long period of time at
low interest. He can do the same thing by .going to the bank and
borrowing it because he has the borrowing capacity.
Mrs. Range: I agree with you Mayor, that's what I want made clear.
Mayor Ferre: It can't be done any other way, if its legally impossible
we will cross that bridge then.
Mrs. Gordon: The motion was made then of intent.
34
JUL 121973
•
�bw"�•.MAN.t.y�.,
•
Unidentified Man: Could I be recognized Mr. Mayor?
Mayor Ferre: Yes Sir, your name?
Mr. Markowitz: My name is Ben Markowitz. I am a property owner in
Liberty City area under discussion. Also happen to be a plumbing
contractor.
the
Mayor Ferre: That we know well, and a good one too.
Mr. Markowitz: Thank you. I was up at the Sewer Department yesterday
looking over the plans for this new installation and it appears to me
as a part of the installation contract to be let, it included the
connections up to the property line, so I think that part of your .problem
is already solved. Now, if it is not, its very easy to,include that as a
part of your contract documents and it should be actually a part of the
city's obligation to put that sewer line up to the property line.
Rev. Gibson: Mr. Mayor when we got it in the Grove, that is the way
it was done. The hassle is not to the property line, the hassle is
from the property line to where that septic tank is.
For instance: Let me say a personal matter. When we built the rectory
in 1962, the architect said to us. Put the septic tank in the front of
the yard on the front lawn so it will be near the street and you wouldn't
have to go all the way back there. Some of these houses have, the
treasurer of our church, who had to bring his sewer line brought 150'
and this is what Mrs. Range is talking about and I think what we are
saying to everybody is what about the people who can't come from that
150' or whatever and need some extended time? Thats what she is saying.
Mayor Ferre: I think its clear. We have a motion on the floor and
a second and its been clarified so call the roll please.
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-530
A RESOLUTION DECLARING THE INTENTION OF THE COMMISSION
THAT A PROPOSED CHARTER AMENDMENT BE PREPARED BY THE
CITY MANAGER AND CITY ATTORNEY AND PRESENTED TO THE
COMMISSION AT ITS NEXT REGULAR MEETING WHICH AMENDMENT
WILL PROVIDE FOR THE CITY TO FINANCE A GREATER PORTION
OF THE COST OF THAT AMOUNT OF MONEY ASSESSED AGAINST
PROPERTY OWNERS AND THAT THE METHOD OF PAYMENT BE EX-
TENDED TO BECOME COMMENSURATE WITH THE LIFE OF THE
BONDS WHICH FINANCE SUCH IMPROVEMENT
(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
Rev. Gibson: Please keep a watch on it and come back again.
Mrs. Range: I shall, thank you very much.
Mayor Ferre: Thank you very much Mrs. Range, Ladies and Gentlemen
for being here.
35
Mr. Plummer: Mr. Mayor, are we going to pass A y B?
Mayor Ferre: We are in a moment.
Do you want to be recognized on 15A?
Mr. Snyder: My name is Richard Snyder. 810 N. E. 171 Terrace.
Mayor Ferre: Mr. Snyder in the interest of time, let me clarify it
for you. Mrs. Range don't :leave. We are going to vote on this now.
I just want to make sure that if you have any objections that you
be heard now. We are talking about Project 76, Liberty City Sewer
Improvement, pHase II 15A is where we are. Does anybody want to be
heard on that specific item?
Mr. Snyder: You have made a motion, I don't know whether -
Mayor Ferre: Nobody has made a motion on 15A yet.
Mr. Snyder: I don't know if its 15A or B but in listening to Mrs. Range
with respect to the ability of the residents to be able to come up with
the money to connect to the sewer or even to pay the amount of the
assessment, I think that some consideration. I do represent my mother
who owns a store building on 62nd Street and was built by my father in
1940 and we have been there for many many years. We don't occupy it
as a business but some consideration has to be made with respect to the
ability of people who own property in the area or on a street like 62nd
street who are unable to rent their property and by the same token
Mr. Plummer says that when an apartment owner who has apartments is
paying the entire water bill, he can go in and raise the rents of these
people and they possibly have to pay. We don't have that ability to
raise rents. In fact, we barely have the ability to keep our store
rented and if you have been out in the area for any length of time,
you would know that there are many stores that are all but abandoned
on 62nd Street and very possibly in this particular perimeter of 7th
Avenue to 17th Avenue, 54th Street to 71 Street. If you consider the
business property and not the people that operate the business, as the
Mayor says, somebody making $.100,000 can afford to pay, but a property
owner might have property that would have an added burden of an
assessment like this and a hookup which would cost him in the neighborhood
of 500 to 1000 dollars.
Mayor Ferre: Mr. Snyder, were you here about an hour ago when we talked
on
I won't make the speech over again but Mrs. Range, I think you hadn't
come in yet and I'll just repeat the main version of what I said then.
That is that every single meeting that we have, there isn't a time when
we don't have somebody coming here and saying look we don't want that
street improvement. They don't want to be taxed and they don't want to
pay for that. They want improvements but they don't want to pay for
them. Unfortunately, we in the City just can't stand still and these
things are needed and they are needed in the community. I recognize
that there are always inequities. There is always somebody wl,o is going
to get hurt or somebody that isn't quite right that you have a building
there. Its like taxes. I happen to live in a residential area that
has been rezoned and my taxes as some of you may have read in the
newspaper increased 50%. That's a lot of increase. I am a man who has
money but its still a tremendous increase. When I go down to the
Assessor to complain, he is going to tell me, look Mr. Ferre, this is
a free country. Ifryou don't want to pay your taxes, the County will
take over your property and I know I will have to pay the taxes and
that's all I get for living in an area that has now become a high-rise
area. What can I tell you? It hurts you and a lot of people are hurt
by these things but we cant stop.
Mr. Snyder: I just wanted to register an objection. I didn't want to
stay outside and say, I didn't know what they are doing and spending
money, without coming here and raising some kind of objection.
I happen to be in concurrence with the Liberty City Sewer situation.
I think it all should be sewered but I think there should be some
relief, not only for the people who are residents or residents of
apartment but for people who own business property. The area is very
very depressed.
36
JUL 121973
Mayor Ferre: I wish there was a way of doing that.
Rev. Gibson: I am not being impatient but, we'll never get out of
here today, I wonder if we can move this itemand since you have
already instructed the City Attorney and the City Manager to look into
some possibilities of relief, that we will deal with the relief and
later on ask the people to return.
The following resolution was introduced by Reverend Gibson who
moved its adoption:
RESOLUTION NO. 73-531
A RESOLUTION CONFIRMINGORDERING RESOLUTION NO.73-428
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF LIBERTY SANITARY SEWER
IMPROVEMENT PHASE II SR-5377-C (centerline sewer) IN
LIBERTY SANITARY SEWER IMPROVEMENT DISTRICT PHASE II
SR-5377-C (centerline sewer)
(Here folloias 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
The following resolution was introduced by Reverend Gibson who
moved its adoption:
RESOLUTION NO. 73-532
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.73-429
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF LIBERTY SANITARY SEWER
IMPROVEMENT PHASE II SR-5377 S (sideline sewer) IN
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. 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 in order to assure these people of the faith of
the Commission. We take sealed bids on these but set the date of
receiving these sealed bids sometime after the election in November.
Mayor Ferre: All right, duly noted.
Thank you for being here with us.
37
•
16, CONDITIONAL USE - LOT 16. BKOCK 25 FROW HOMESTEAD (B-106)
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-533
A RESOLUTION GRANTING A "CONDITIONAL USE" AS LISTED
IN ORDINANCE NO. 6871, ARTICLE XIV, SECTION 1 (21)
(e) TO PERMIT'DRY-CLEANING ESTABLISHMENT AT LOT 16
BLOCK 25, FROW HOMESTEAD (B-106), BEING 3661 GRAND
AVENUE; ZONED C-2 )COMMUNITY COMMERCIAL( DISTRICT
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mr. Leon A. Major appeared and urged adoption of the resolution.
17,
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-534
A RESOLUTION GRANTING APPROVAL FOR CONTINUED WAIVER
OF 15 OF 29 OFF-STREET PARKING SPACES, FOR A PERIOD
OF ONE (1) YEAR FROM THIS DATE, AS PROVIDED BY ORD-
INANCE NO. 6871, ARTICLE XXIII, SECTION 2(3), ON
LOTS 5 AND 6, BLOCK 2, PHOENIX PARK (6-80), LOCATED
AT 73-97 N. W. 76TH STREET, IN CONJUNCTION WITH
CONSTRUCTION OF A 23-UNIT APARTMENT FOR THE ELDERLY
SITE ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
-Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
38 JUL 1219
4
18, CNDITIONAL USE - L.QT. 8, 0, 10, BLOCK 4, EAIRN1ONT PARK 2ND AMD
The Mayor announced the Commission was ready to consider this
application of Sheehan Buick and asked if any objectors were present.
Mr. Harold Kravitz representing Sheehan Buick appeared and stated
his client accepted all the recommendations of the Planning Department
and agree to conform to all of them.
Mrs. Patricia Lonsdale: I live at 2220 S. W. 7th Street, and I am
strictly against cutting off access from 23rd to S. W. 7th Street.
Mayor Ferre: Mr..simpson, would you point that out?
Mrs. Gordon: He is upstairs.
Say that again Mam, I am not sure we followed your objection.
Mrs. Lonsdale: I wasn't sure whether I understood the whole proposal
or not. I am not against them using the lots on the corner for a
parking lot but I am against them closing off access to the alley
because its a public street and I use that alley constantly to get in
and out of my yard.
Mrs. Gordon: It won't be closed in any way whatsoever as far as I
understand.
This applicant would not be able to open a driveway into 7th Street.
Mrs. Lonsdale: It says with no access from S. W. 7th Street or S. W.
23rd Avenue. I want access through S. W. 23rd Avenue.
Mayor Ferre: Thats for him. What it means is that he cannot have
access if I read it right from S. W. 7th Street or S. W. 23rd Avenue.
Mr. Reese: The alley is going to be open. We are not closing the alley.
Mayor Ferre: He can't come in that way, but you can.
Mrs. Lonsdale: And I was representing all my neighbors there that were
unable to come. We were under the impression that if they were closing
off access toethat alley which has been a public street for 25 years
that I have lived there and we need that alley to get through there.
Mayor Ferre: You have this Commissions assurance and the administration
that the alley will not be closed off and will be available to you and
the neighborhood for access purposes.
Mrs. Lonsdale: We also would like Sheehan Buick to stop using part
of the alley as they have been doing now as a parking lot.
Mayor Ferre; That is another matter.
Mrs. Lonsdale: They have been doing that right against the wall and
we have to almost knock our cars against those parked cars to get
through there and they have been told repeatedly and repeatedly that
it is against the city, law for them to park in that public street.
It has no parking signs there.
Mr. Kravitz: That is the main reason we have made the request that
we have before you.
Mayor Ferre: What happens I am sure is that it isn't the owner or
the management of Sheehan Buick but might be employees and its easy.
for them to park there and they park in the alley.
Mrs. Lonsdale: They are all employees probably. I have no qualms
or no hard feelings against Sheehan Buick. They are a very fine
company but as people who are breaking the law and obstructing us
from getting through the street there, I do object and so does every-
body on the street.
39
4
Mrs. Gordon: Tam going to move approval and include in the approval
that Sheehan agree not to permit any parking in the alley whatsoever
and that's a condition of granting this use.
Mayor Ferre: Is there a second to the motion?
Mr. Plummer: Mayor, Iithink you are creating a situation where you are
making Sheehan Buick a policeman.
Mayor Ferre: No we want them to abide by the law.
Mr. Plummer: Mrs. Gordon, I am in accord that Sheehan Buick and them
and their employees shall not- fine, but you said, that there shall
be NO parking in the alley and you are making him a policeman to
enforce it.
Mayor Ferre: No that's not what she meant.
Mr. Plummer: I know thats not what she meant but that's what came out.
Mrs. Gordon: J. L., if you want a clarification on my thinking, you
are getting it. My thinking is that the area that is between Sheehan
Buick property and there is a portion there that abuts both properties,
that they shall control the parking there and I think they can control
it.
Mr. Plummer: NO.
•
Unintelligible conversation at this point -several persons talking at once.
Mayor Ferre: Wait, wait, lets have some order and I will take the chair.
Mrs. Gordon, wait a moment. Lets get this confusion clarified.
Mrs. Gordon and correct me if I'm wrong and its very simple, is sayin g
that Sheehan Buick will not park any cars in the alley. Obviously,
she is not saying that Sheehan Buick is not going to prevent somebody
that comes in from St. Louis. That's not Sheehan Buicks responsibility.
I think its clear. We have a motion and a second.
Call the roll.
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-535
A RESOLUTION GRANTING A "CONDITIONAL USE" AS PRO-
VIDED IN ORDINANCE NO. 6871, article V, SECTION 1
(6) (b) TO PERMIT OFF-STREET PARKING LOT ON LOTS
8, 9, AND 10, BICK 4, FAIRMONT PARK 2ND AMD (11-63)
LOCATED AT 2296 S. W. 7TH STREET, IN CONJUNCTION
WITH SHEEHAN BUICK, LOT TO BE USED FOR EMPLOYEES
AND CUSTOMERS ONLY, WITH NO ACCESS FROM S. W.7TH
STREET OR S. W. 23RD AVENUE; AND SUBJECT TO THE
APPROVAL OF THE WALL AND LANDSCAPING BY THE
PLANNING DEPARTMENT; ZONED R-1 (ONE -FAMILY)
DISTRICT; SUBJECT TO COMPLIANCE WITH LIGHTING
REQUIREMENTS AS SET OUT IN ORDINANCE NO. 8115 FOR
PARKING LOTS, SUBJECT TO THE APPLICANT PROHIBITING
PARKING OF EMPLOYEES AND CUSTOMERS CARS IN THE
ADJOINING ALLEY
(Here follows body of resolutin, 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
40 JUL 121973
•
4
19, VARIANCE _REQUEST LOT 3 BLOCK 58N MIAMI B-41
Mr. Phaelan: My name is A. A. Phaelan, I am an Attorney representing
the applicant. I have about a 7 minute presentation.
Mayor Ferre: Could you make it 3?
Mr. Phaelan: I could cut it to nothing if you would vote in the
affirmative now.
Mayor Ferre: I am not saying anyone here is because I want to know why
the Department recommended denial.
Mr. Phaelan: This request is the subject of a letter sent to all of the
Commissioners this week, I believe you received either at home or at
your office. I have talked, if you will look at the presentation on the
board, I have talked to the owner of all the properties to the east
along N. E. 7th Street. He has no objections.
Mayor Ferre: We are not talking about objectors, let me see if I can
expedite this. The only objection I want to know about is the department
because I read the case. The case is very simple. The Department of
Transportation said if they need 45' for turning and they only 371g' and
in effect I think there is only 1 employee and he already has a place
to park.
Mr. Plummer: Mr. Mayor looking at the departments recommendation, they
recognize the fact that the immediate.area needs office space but I
think they recognize the problem here but I think because of the book
they have to recommend against, is that correct?
Mr. Reese: Mr. Mayor, may I read a memorandum that came from Trans-
portation Planning Engineer.
Mayor Ferre:
Mr. Reese.
Mr. Reese: Well briefly, although this department considers the
proposed use as most reasonable for the subject location, this depart-
ment still recommends denial of the requested variance as we are mainly
concerned with future traffic flow on N.W. 7th Street and the
potential future of the proposed building at the subject location.
The paved area proposed and the setback area could be best utilized as
a turnback area for the owners delivery vans thus eliminating backing
into the street. This is sent over by the Transportation Planning
Engineer of the Department of Transportation, Metropolitan Dade County.
This is what the Planning Department is basing their recommendations on.
Mr. Phaelan: Mr. Mayor, the proposed use we are proposing in a
minimum use that could be made of this land. Any use we make is going
to require a variance of some sort. The parking requirements generated
by this use are very minimum. There is nothing we could do to make
them any less. There is nothing we can do to this lot even if we
turn it into a parking lot that would make it conform to the parking
requirements.
Mayor Ferre: The problem is, you can't get away from that recommendation
"It is suggested that the applicant acquire use of another site in the
area or of an adacent property in the area in order to meet the parking
requirements"
Mr. Phaelan: There is no other land available your honor.
The only adjacent land is under a long term lease to the federal
government. We would do anything we could to meet with the requirements
but there is nothing we can do. This lot has been established since 1906
in its present form. This is what variances are for, to allow usage of
small lots that were established many years ago.
Instead of reading it, why don't you paraphrase it
Mayor Ferre: What is the will of the Commission?
Mr. Plummer: Mr. Mayor, I would like to go see it. I'll move to defer
until we can go out and look at it.
Mrs. Gordon: Second.
Thereupon it was unanimously agreed by the Commission to go out
and inspect the property in question and defer action on the request.
20, REQUEST METRO TO REASSESS POSITION _WITH RESPECT TO SPRINKLER SYSTEMS
IN CONJUNCTION WITH CONCRETE PARKINNG GARAGES
Mayor Ferre: I want to talk about something which I think affects you
and possibly other people who are thinking about putting up parking
garages. Yesterday I had a conversation with some people in the County
including Commissioner Harvey Ruvin and as we all know, the County
Commission recently passed an ordinance requiring sprinkler systems.
I talked to several people in the fire department to get a clarification
and the County passed that ordinano in such haste, they made several
basic and substantial mistakes. For example: All of the insurance
people and I talked to several yesterday and the experts on parking
garages recognize that a sprinkler system is more of a hazard than it
isa help in a parking garage for this reason. Parking garages are
concrete structures and they are slanted, they have ramps. If there is
a fire, the only kind of a fire you can have is with an automobile
which means that there is gasoline involved. Where there is water on
gasoline, the gasoline can go down the ramp quicker than it would
normally and the water would not put out the fire of gasoline and all
it would do is to spread the fire. The Fire Marshal of the City of
Miami has gone on record and has written.a memorandum which I have not
seen a copy of, but Mr. Reese, I would like the Commission to get a copy
of the Fire Marshalls recommendation but I would like to make a motion
to have the county reassess their position about the sprinkler law
specifically as it relates to open concrete parking garages within the
City of Miami and any other recommendation that the Fire Marshall of
the City of Miami is recommending to the,COunty.
Mr. Plummer: Second the motion.
The following resolution was introduced by Mayor Ferre who moved
its adoption:
RESOLUTION NO. 73-536
A RESOLUTION REQUESTING THAT THE METROPOLITAN DADE COUNTY
COMMISSION REASSESS ITS POSITION WITH RESPECT TO SPRINKLER
SYSTEMS IN CONJUNCTION WITH OPEN CONCRETE PARKING GARAGES
IN THE CITY OF MIAMI AND TO RE-EVALUATE THIS MATTER AS IT
RELATES TO FIRE PREVENTION
(Here follows body of resdution, omitted here and on file
in the City Clerks Offte)
Upon being seconded by Mr. Plummer, the resolution was passed and
adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs.
Gordon, Reverend Gibson and Mayor Ferre. NOES: None
42
NOTES RIOR TO THE INTRODUCTION OF TH PRE EDING RESOLUTION, MAYOR
�ERRE SURRENDERED THE CHAIR TO VICE MAYOR GIBSON AND FOLLOWING
THE ADOPTION OF THE RESOLUTION, THE MAYOR RESUMED THE CHAIR.
Mayor Ferre: Mr. Reese, the only purpose of that is, the County admits
a mistake has been made and I think, I would hate to see this beaucratic
structure that sometimes ensnarls us.
I am not accusing Metro of anything but maybe t'•-is might help to
expedite things.
21. CONDITIONAL U$E - LOTS 6 & 15, BLOCK103N IMAM B-41
Mr, Swope: My name is Ivan Swope, First Federal Savings and Loan
Association and there are no objections on our part to the approval
as was previously recommended.
Mr. Plummer: Sir, do you stipulate that everything contained in here
in this application is correct?
Mr. Swope: That is correct.
Mr. Plummer: Do you agree to the terms outlined in Resolution 73-462
of the Off -Street Parking Board?
Mr. Swope: I do.
Mr. Plummer: I move for adoption.
Mrs. Gordon: Second.
The following resolution was introduced by Mr. Plummer who moved
its adoption:
RESOLUTION NO. 73-537
A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2 (8) (a)
TO PERMIT CONSTRUCTION OF 7-LEVEL PARKING GARAGE ON
LOTS 4, 5, 16, 17 AND E 1 LOTS 6 AND 15, BLOCK 103N,
MIAMI (B-41), LOCATED AT APPROXIMATELY 245 N. E. 1ST
STREET; SUBJECT TO LOT 8 OF PROUTS SUBDIVISION (B-65)
TO BE DEVELOPED ONLY AS SURFACE PARKING; ZONED C-3
(CENTRAL COMMERCIAL) DISTRICT
(Here follows body of resolutin, 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
4s
fi
4
22. CONDITIONAL USE - LOTS 2, 3, 4. 19 & 20. BLOCK 90. LAWRENCE ESTATE
LAND CO. (2-46)
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-538
A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE XII, SECTION 1 (33)(e)
TO PERMIT COIN -OPERATED LAUNDRY ON LOTS 2, 3, 4, 19 &
20, BLOCK 90, LAWRENCE ESTATE LAND CO (2-46), LOCATED
AT 328 S. W. 12TH AVENUE; BEING SOUTHERLY STORE IN
BUILDING
(Here follows body of resolution, omitted here and on file
in the City Clerks Officel
Upon being seconded by Mr. Plummer, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Mayor Ferre, Reverend Gibson. NOES: None
23, CONTINUED WORKSHOP ESSION - RESTRUCTURING OF PLANKING & ZONING
PROCEDURES
The Commission again took up for consideration the matter
of the restructuring of the City of Miami's Planning and Zoning proce-
dures.
Dr. Bartley called attention to the question of legal adver-
tising for the planning and zoning matters, and after brief discussion
it was decided, upon motion of Mr. Plummer, seconded by Mrs. Gordon,
it was agreed unanimously that these advertisements, as mentioned on
line 21 of Page 17 of the proposed Graft, be placed simply in a news-
paper of "general circulation" , rather than endeavoring to arrive at
a numerical figure designating the size of circulation.
RECESS:
The meeting was recessed at 12:30 o'clock P.M. until 2:00
o'clock P.M. this date.
The Commission reconvened at 2:02 o'clock P.M. with all mem-
bers present.
7-12-73
44 JUL 121973
Reverend Edward T. Graham appeared and accepted a proclamation
proclaiming "BLACK CULTURE WEEK" in the City of Miami and photographs
were taken.
24, CONDITIONAL USE - PLANNED UNIT DEVELOPMENT - LOTS 1O 11 AND
N. 1/2 LOT 9 AND Es _75 of S 1/2 LOT 9, BLK 1, ALLAMANDA GARDENS
Mr. Ralph Aaron, the applicant for conditional use on property
described above appeared before the Commission at this time. The item
had been called earlier in the morning and the applicant did not answer.
Mr. Aaron: Mr. Mayor, I want to thank you for allowing me to speak in
behalf of my application at this time rather than defer it for another
2 weeks.
I am here this afternoon to make request that you favorably consider
my Planned Unit Development for 6-Townhouse Condominium Units in
Coconut Grove immediately adjacent to and abutting Lemon Tree Village
which is a 20-unit Townhouse Condominium project. There have been many
PUDs in Coconut Grove in the R-2 zoning category. This is the second
example of a PUD abutting a PUD. I did come before your Planning Dep-
artment personnel for purposes of getting their tacit approval before
going before the Planning and Zoning Board and they turned down 5 site
plans in a row.
Mayor Ferre: Until they approved this one.
Mr. Aaron: They did not, they recommended denial sir, however, the
Planning F, Zoning Board after deferring me from June 11 by a 6==2
vote against my objection, did on June 25 see fit to honor my request
by passing by a unanimous 9==0 vote, over the denial of the Planning
Department staff, which gave as its reason something quote-
"entrinsic criteria", not enough meaningful open space. Now I am
here to fight for the project because if I am reduced from 6 down to
5, the economics are wiped out and what sits there, remains there.
I feel after 40 or 45 years.
Mayor Ferre: Mr. Aaron in the interest of time, you well know that
is not a cause for hardship. If you have other arguments then that
is a different matter. I think , as a matter of fact as I recall one
of the things you told me is that some of these objectors have waived
their objection. For example Mr. Polizzi.
Mr. Aaron: Mr. Pollizzi waived his objections and Mr. Dennis Jenkins
president of the Lemon Tree Village Condominium Association came
forward at June 11 meeting to represent Mr. Pollizzi to say that he
had withdrawn.
Mayor Ferre: Are there any questions?
Mrs. Gordon: Mr. Aaron, how large is your lot?
Mr. Aaron: Off the top of my head its about 19,600 sq.ft.
Mrs. Gordon: Dimensions sir, front and rear.
Mr. Aaron: Frontage of 125 by a depth of 150 and at the half -way
mark back, its width of 150 by a depth of 75.
Mrs. Gordon: Its an irregular shape?
Mr. Aaron: It hash of 1 lot missing.
Mrs. Gordon: Among the objectors were the neighbors on either side.
45 JUL 12197
We usually have a map to portray this and we don't have it right now
so I have to ask you these questions.
Mr. Aaron: No Mam, there was an objector on the next street.
Mrs. Gordon: Anyone immediately abutting your property.
Mr. Aaron: Accross the road, but they withdrew.
Mrs. Gordon: Noone abutting your property?
Mr. Aaron: Oh I am sorry, except to the rear. An old pioneer gentleman
from Coconut Grove who said he was getting even because I made him get
his grass cut four years ago.
Mrs. Gordon: Mr. Acton, what was your objection to this application?
Mr. Acton: As Mr. Aaron stated, we felt that with 5-units instead of
6, there would be more open space on the site and would be a better
neighbor to the existing development and accross the street. I
believe there are 2 single family or duplex homes accross the street.
Mrs. Gordon: Does he have any difficulty getting his parking and open
space of sufficient amount in there with a 6-unit?
Mr. Acton: No he still has open space and can accomodate parking.
Mrs. Gordon: And he can accomodate the parking?
Mr. Acton: Yes he can.
Mr. Aaron: I would like to make one more comment. I went into the
Planning Zoning Board files and I pulled out every PUD that was
approved in the last year and a half and from that I made a table and
that table indicated strangely enough that a Mr. James Redford who
happens to be -
Mayor Ferre: Mr. Aaron, that has nothing to do with this case.
Now you address yourself to your problem on your property. We don;t
want to hear about Mr. Redford or anybody else. That has nothing to
do with it.
Mr. Aaron: My project permits 1 unit for every 3,184 sq.ft. of lot
area. The R-2 zoning category calls for 1 unit for every 3,000 sq.ft.
of lot area. Other projects have been granted with much less.
Mrs. Gordon: Mr. Aaron may I ask you a question? The objector
immediately to the west accross the street has withdrawn his objection?
Mr. Aaron: Everyone has withdrawn.
Mrs. Gordon: All right, I personally favor this type of development
as a good utilization of land. The Planning Department has stated you
do have sufficient open space and parking for the development.
Mr. Aaron: He stated I don't have enough open space.
Mrs. Gordon: He said you do. He just said you do.
Mr. Aaron: Then why didn't he say that -
Mayor Ferre: Mr. Aaron, lets not get into arguments as to what he
said before. You just heard Mr.s. Gordon said what Mr. Acton stated
so just keep quiet now. Go ahead Mrs. Gordon.
Mrs. Gordon: I reiterate. It appears that those who have been in
objection have withdrawn their objection. It appears from our Planning
Department comments just now that you do have sufficient open space and
parking. Apparently whatever objection they had before, apparently has
been removed. Is that correct Mr. Acton?
46
JUL 1219?3
AbillAMMor
Mr. Acton: No, what I stated Commissioner Gordc1L is that, he does
have open space and sufficient space for 6-units. However we were
of the opinion that a 5-unit development would be a better development.
What is not mentioned is that we have discovered through the long
process of Planned Unit Development in the R-2 zone that the smaller
the area, the greater amount of space that is usually needed per unit,
follow me? In other words in a large lot, you have accumulation of
open space by the nature of the size of the land itself.
What we are stating is that we just felt that if the project were
limited to 5 instead of the requested 6, it would be a better develop-
ment.
Mrs. Gordon: I'll move approval.
Mr. Reboso: I second the motion.
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-539
A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 1 (4-A) TO
PERMIT CONSTRUCTION OF PLANNED UNIT DEVELOPMENT ON
LOTS 10 AND 11 AND N h OF LOT 9, AND E 75' OF S OF
LOT 9, BLOCK 1, ALLAMANDA GARDENS (6-72), LOCATED AT
APPROXIMATELY 3255 ALAMANDA STREET, CONSISTING OF 6
UNITS IN 3 STRUCTURES AS PER PLAN, SUBJECT TO DEDIC-
ATION OF RIGHT-OF-WAY ON ALLAMANDA STREET; ZONED R-2
(TWO FAMILY) DISTRICT
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded -by 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
25, REPORT QF MAYOR'S COMMITTEE ON REVENUE_ .RING FOR 1973-1974
Mayor Ferre: The chair recognizes Mr. Dan Paul who is the Ci:airman
of the Committee.
Mr. Paul: Mr. Mayor and Members of the Commission, the task of your
revenue sharing committee has been rather frustrating to say the
least. Before we were appointed, the major part of the funds for
last year were committed by the Commission and in January, the balance,
we understand, were committed without any recommendation from the
revenue sharing committee. However before we go on to the revenue
sharing funds for the upcoming year, there is one question I would
like clarified. If I understand the City Manager's letter of June
21 to the Mayor, there was still the possibility that $1,630,000 in
proposed retroactive salary increases might be possibly available
depending on action from the federal government and I wonder what the
status of that matter is.
Mayor Ferre: Mr. City Attorney, would you answer that.
Mr. Rothstein: Mr. Reese has made the application for permission.
Well we are working on the application, lets put it that way for
the authorization prior to January from October through January.
That will go routine through the Boards and if it is approved, its
authorized. If its not, it won't be..
Mr. Paul: So I understand the application has not even been submitted yet?
Mayor Ferre: The application has not been submitted?
When will it be submitted?
Mr. Reese: I would like to point out, its going to take from 5 to 6
more days before the entire payroll for October 1 through January loth
is completely reconstructed and that is the part that has been holding
this up.
Mr. Paul: I would like now to address myself to the recommendation.
One housekeeping matter first. I have to submit to the City Commission
the resignation of Mr. James Angleton from the committee.
We have no authority to accept or reject recommendations or to appoint
replacements to the committee. I understand -
Mayor Ferre: The resignation is accepted Mr. Paul.
Mr. Paul: I also understand Mr. Henry has submitted his resignation
directly to the Mayor. He advised me that he was resigning.
Mayor Ferre: I have not received that in my office.
Mr. Paul: That would leave two vacancies on the revenue sharing committee.
Now to the recommendations made by the City Manager in the report of
June 14, 1973 and before I start, I would like to say that the information
supplied to revenue sharing committee on these recommendations does not
allow us really to make a definitive recommendation one way or the other,
however the committee has met and will indicate those projects that the
committee feels they are in favor of in principle, as far as the actual
amounts that have been allocated and the locations for which they have
been allocated, the committee is not in a position to make a judgment
on at this time with the information at its disposal.
Item #1 under funding of cooperative programs with Dade County.
The Day Care Centers. The committee is unanimously in favor in principle
of funding the Day Care Centers.
Our only comment is that it appears the amount of $400,000 is probably
insufficient to do the job if the Commission is seriously interested in
going ahead with Day Care Centers in anything more than a token basis.
I might add it appears to us in general, that with the first recommen
dations in category 'a', that the rest of the items are really items
that in the large part belong in the operating budget of the City of
Miami.to be funded in normal course by normal revenues and w. think its
poor budgeting technique and poor planning to pick items out of the City
Commission budget and stick them in the revenue sharing program.
If that's what the COmmission wishes to do, then why not just take all
the revenue sharing money and dump it into the general revenue fund?
The social service programs and the programs originally recommended by
your revenue �m mittee which are really people's programs, are
clearly getting the -short end of the stick in these recommendations.
$400,000 for Day Care Centers. $45,000 for Legal Services program.
As I said we are not in a position from the information furnished to
us to judge the amount. Our comment was that it appeared to be
insufficient and its not clear to us from the report whether these are
new day care centers you propose to establish. Several of the committee
members have investigated these sites and find that day care centers do
not exist at all on these sites.
Maybe its planned to establish those.
Mrs. Gordon: That's right.
Mr. Plummer: Let me ask you this question. Since a great number of
programs and especially those in the service type of programs, likewise
Dade County received X number of dollars for federal revenue sharing as
all municipalities did. Have you in any way been able to investigate
the amount of dollars that other municipalities and Metro are
expending towards these services?
48
JUL 121973
Basically, when you say something is too much or not enough. You have
to look at an overall program. We are looking at the overall program
of Dade County. As you are well aware of the fact, the City of Miami
contributes 27% of the gaff of metro from the City of Miami. Do you
have any idea what metro is going to spend in the day care operations?
Is any of that money going to be spent within the city limits of the
City of Miami?
Here again, I don't see how you can derive any figure being sufficient
or insufficient without knowing the total overall program.
The last time I had the opportunity to inquire of Dade County, I was
told by them. Is 10 million their figure for revenue sharing Mr. Reese?
Mr. Reese: I wouldn't want to say but I think I saw 28 million in the
newspaper.
Mr. Plummer: Without terms of dollars or a given amount. We were told
a t a meeting by Bill Hampton their budget director that metro was not
going to spend the first dollar. They were putting it in reserve and
holding it until they were able to see the overall picture. Now my
question was, how are we going to be able to allocate our money to
different types of programs without knowing what youre spending?
Then all I say is have you have you had any opportunity to compare with
other municipalities or metro about their spending?
Mr. Paul: We have now investigated the situation in other municipalities
since our charge is limited to the City of Miami and as I stated to
begin with, the information feed to this committee is clearly insuff-
icient for us to determine a specific amount. My comment relates to the
fact that considering need of day care centers in the central city, the
City of Miami, as pressing as it is, it appears to us that to allocate
$400,000 out,of $7,828,000 is really only a token from point of view of
the need. I have no information from the county or really no indication
that the county intends to meet t}e City of Miami's day care need out
of their revenue sharing money.
Mrs. Gordon: Mr. Plummer, may I say that there are a number of experts
in the field here listening into this portion of the report that
Mr. Paul is giving and I believe when he finishes his report, that there
will be enough information furnished.
Mayor Ferre: Mrs. Gordon, we will hear the other people at the
appropriate time so at this point if there are no other questions of
Mr. Paul, would you please proceed.
Mr. Paul: Item #2, Cooperative Funding- the Legal Services Program.
The committee does approve in principle. We have only one question.
We have only one question. Why a service for the latin speaking commun-
ity is the only one provided. We don't know but the question we ask the
city is: Are the other legal services programs within the city limits
of the City of Miami being adequately funded from other sources?
Mayor Ferre: Mr. Paul let me answer that one. The reason why you
find that in there is because Mr. Howard Dixon came before us along
with an attorney from legal services and this is all they requested.
They had not asked us for any other monies.
Mr. Rothstein: They have their funding for their other offices in
other areas of the city. This will satisfy the need in Miami.
Mayor Ferre: As I understand it, all the legal services for Dade County
are at present time, met by sufficient funds. Now, legal service
didn't go to Hialeah and ask them to come up with money even though
there are a lot of people in Hialeah who use legal services but they
did see fit to come to the City of Miami and request funds and we have
been happy to give them exactly what they asked for, which is half of
$90,000.
Mr. Paul: Now we come to the items beginning in "B" of the City Managers
report in Parks and Recreation and the committee is in favor obviously
of all these projects in principle but how could you be against them?
2 questions we asked is whether you should be allocating your revenue
sharing money to perform these functions if you have already approved
in principle, the transfer of the Parks and Recreation Department to
the County.
49 JUL 121973
IT SEEMS to me that you should resolve that question before you
allocate funds for this purpose.
Also we wonder why items "B?, "C" or "E", the renovation of park
structures and park bench program and the mechanization program are
not funded out of the "Parks for People" bond issue or as I said earlier
those seem to me to be on -going operations of the City of Miami and again,
if we are using revenue sharing money to make up the deficit in the city
budget by just picking items, then I think we ought to say so directly
instead of leading the citizens to believe •that the revenue sharing
money is really going to be used to fill the gap of social service
programs that are needed in the City of Miami as opposed to supplementing
the budget.
On Item #4, the high intensity street lighting program. The committee
was unanimous with one exception. Mr. Angleton objected on the grounds
that the money should be used for higher priorities. Again however,
that seems to be an item that ought to be funded out of the city budget
and one question I had to ask as I read the Manager's recommendation is
that the cost includes putting in the high intensity lighting in all
areas including residential areas and I wonder if you are really serious
about putting high intensity lighting in totally residential areas.
Mayor Ferre: Mr. Reese, do you want to answer that specific question?
Mr. Reese: Yes Sir, this recommendation is made up to put high -intensity
lighting throughout the City where it is needed and there is a number of
residential areas that will not permit or even recognize any need for
it so we endeavored to try to measure those areas. For an example,
there is a part of Coconut Grove, a part of the "Roads" section and
other areas in the community that we are well aware of that will not,
they didn't even want street lights let alone -
Mayor Ferre: On the other hand, there are parts of the City of Miami
which, this is a very high priority item. For example, certain sections
of Coconut Grove that people come here all the time wanting lights.
The other day for example, I was at Grapeland Heights. You remember
that we talked in Grapeland Heights about the need for more lighting
in certain parts of Grapeland Heights and these are neighborhood action
committees who are requesting this.
Now, I want you to know that in the meetings that I have attended,
lighting is one of the very very top priority items that the people are
asking for, so I think that is something we have to seriously consider.
Mr. Rothstein: Mr. Mayor -
Mr. Paul: We don't question the wisdom of the lighting except maybe
in some of the residential areas. Its a question of whether its a
proper use of revenue sharing money, it seems to me.
Mrs. Gordon: I have another question to Mr. Reese.
I understand Florida Power and Light has notified Edison Cente, people
that they would not even be able to install the lighting for about
a year and I am wondering how we expect to light the whole city in this
years budget when they can't even provide what we'ordered before.
Mr. Reese: Well I didn't know that the people in Edison Center were
notified they would not get their lights. It is my understanding that
the people in Edison Center were notified that they will be part of the
lights to be put in, starting to be installed in September and there
will be other segments that will not be able to be put in by the
Florida Power & Light until several months later than this which is
very true as far as the engineering is concerned and your lead time
on the installation of these lights. Prior to this program being
recommended to the City Commission, I talked to Mr. Autrey and I talked
to Mr. Cook of the Florida Power and Light and I said, what impact would
this have? He said the biggest impact would be to get the contractors
but if we knew that this program was going through, we would endeavor
to schedule it in this manner.
50
Mayor Ferre: All right, Mr. Rothstein.
Mx. Rothstein: Yes, the questions raised by Commissioner Plummer and
the report of Mr. Paul with reference to the report being in isolation
of facts and figures between the City and the County is very significant
matter that the Commission want to direct the Manager's office and our
office or maybe Mr. Reese as a consultant. We are going to have to have
the City reviewing and analyzing the County budget because certain
problems arise. One of the items recommended in the County Manager's
budget is for a contract with Florida Power & Light with Florida
Highway Patrol as I understand it to do road accident work in a certain
segmentof the iunincorporated areas but being charged in the regular
county budget which means City of Miami citizens pay 27% of particular
enforcement in a particular area while we are paying, our own citizens
are paying taxes for our own police force. The significance of this
is that Metro just passed an ordinance wherein they said that any
excess of their citagette tax money which is beyond what they have
programmed for their bonds and I understand its going to be a very very
substantial amount, shall be put into a special allocation budget for
the unincorporated areas. Which means in effect, they are taking money
from the citizens of Miami, not only to pay for general county matters
but policewise to pay for local matters in the unincorporated areas and
then further when they get excess funds on funds collected out of the
unincorporated area where its acting as a city, instead of relieving
the citizens of Miami of paying, they are, putting it for additional
services and additional matters into the county area and similarly in
parks and recreation county bond areas. We are paying 27% of the bond
issue and we are getting back 6% being spent in the City and the 6% that
is being spent in the city is being spent in areas that are a county -wide
matter such as Viscaya etc. The Dade County Auditorium improvements.
I think that Mr. Paul's committee and the commission cannot work in
the dark, that you have to see to it that we go ahead and look into the
county budget because otherwise you can't make monetary decisions because
somebody else may be paying for them.
Mayor Ferre: All right, I would like to do this in a 2-fold way.
First, we have a.joint committee which has been established and which
Father Gibson chairs for the City and Commissioner Ed. Fogg for the
County. I think that ought to be one of the first things on the agenda
because as we agreed in the very beginning when this committee was set
up, that it was going to be a 2-way street and we were going to talk
about what the City could do to cooperate with Metro but also what
Metro could do to cooperate with the City, and this is a specific example
of the distribution and expenditure of tax funds, sometimes paid for
by the City of Miami without getting any benefits for these taxes that
are being paid.
Mr. Rothstein: The point I was making is that you happen to have the
facts.
Mayor Ferre: The second aspect of it -
Mr. Plummer: Let me just answer what you just said Sir because that
was under discussion at our meeting yesterday. We have asked for the
facts and figures and it will be the priority topic at our meeting
on September 12. I think you should know the committee has looked
into this matter.
Mayor Ferre: Mr. Rothstein is recommending that we as a Commission as
a matter of policy, instruct the administration and the City Attorneys
Office to study the County Budget and come back with specific recomm-
endations as to where these inequities exist, if they do in fact exist,
and to what extent they exist.
Does anybody want to make a motion to that effect?
Mrs. Gordon: I would certainly because I think that if we want for
the committee to take action and discussion, it will may be applicable
to the 1974 budget but it will not be applicable to this years budget
and so I would say this is a necessity that somebody with authority from
the City of Miami immediately confer f',r some action with the County
on this matter.
51 JUL 121973
Mayor Ferre: We have a motion. Is there a secc►.d to the motion?
Mr. Plummer: Tell me that motion.
Mayor Ferre: The motion is that we instruct the City Attorney and the
City Manager to study the county budget and report back to this
Commission and also to the Committee as to whether there are any tax
funds that are being used by the County that are collected within the
boundaries of the City of Miami that are not of benefit to the citizens
-of Miami and to what proportion it,is, if it does exist.
Mr. Plummer: I second the motion.
Mayor Ferre: There is a motion and second, any further discussion?
Call the question.
RESOLUTION NO. 73-540
A RESOLUTION INSTRUCTING THE CITY ATTORNEY AND THE
CITY MANAGER TO STUDY THE BUDGET OF METROPOLITAN
DADE COUNTY AND TO REPORT BACK TO THE CITY COMMISSION
AND TO THE CITY -COUNTY GOVERNMENT ACTION COMMITTEE
ON THE QUESTION OF WHETHER OR NOT ANY TAX FUNDS
COLLECTED WITHIN THE CITY OF MIAMI THAT IN THEIR
OPINION ARE OF NO BENEFIT TO THE CITIZENS 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 - AYB: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mr. Paul: In Item SA, the School Resource Officer extension program.
The committee is unanimously in favor of that program.
The same is true with SB, the Threshold Program. The only question we
have to ask is how does that fit in with the program already in effect
at the Dade County Jr. College Training program there?
Mayor Ferre: Mr. Reese, do you want to answer that?
Mr. Reese: This threshhold program is the idea to bring youi'q people
into the police department and hoping to get them interested and
introduced into police operations so that they will be in a position
to go to Dade Jr. College. This is an idea of bringing in the
minority groups in this special program as well as helping to be a
concept of rehabilitation.
Mayor Ferre: Is that part of that Explorer Group?
Mr. Reese: No Explorer is a separate- this is different. People who
have already qualified but they have to wait for an age. This is an
idea of people that are young, bring them in and try to get them
interested and oriented into the police so that when they are properly
developed, they can go on to Dade Jr. College.
Mayor Ferre: Does that answer your question Mr. Paul?
Mr. Paul: Yes. Item "C", Police Training Program, the committee is
in favor in principle of. Again, we wonder how that fits in with the
program already in effect at Dade Jr. College. Apparently this is a
different program from the one being conducted for police training at
Dade Jr. College.
52
Mr. Reese: Dade Jr. College program is a progra;a that was instituted
originally by the City of Miami to get a centralized training program
for all of the cadets. This is a different and an additional program
for on -job training and in the operational training.
In the years gone by, the City of Miami and Dade County Police Officers
who went through cadet school, graduated and were given their badges
and that was the beginning and ending of their training. The idea of
this is a continuous training program. On_the job training.
This is in keeping with the work Stanford Research people are doing.
Mr. Paul: The next 2 items. Sanitation and Fire Department Item "A"
Rescue Service. It seems to us those are clear cases of shifting
normal operating expenses of the City which should be funded in the
budgeting process to revenue sharing. As far as 1 know you are adver-
tising already that you have been picking up abandoned refrigerators
and I guess now that you are going to fund something you already adver-
tised you were doing in the past, if I read that request correctly.
Mayor Ferre: Mr. Reese would you answer that.
Mr. Reese: Mr. Mayor I will answer facts, but I won't take the
prerogative of answering somebody's interpretations.
Mayor Ferre: We are just asking you for facts Mr. Reese.
Mr. Reese: Yes Sir, we have always picked up along with the other
trash in the City of Miami, items that are not trash. Let them be
abandoned refrigerators, stoves etc. Under our own ordinance, we are
not supposed to pick up those items and we got our trash program
operating on such a program and a schedule, that the only place we're
tied up, again is these solid waste items.
In keeping with the concept of environmental protection and solid waste
disposal, we then propose that we have a responsible setup and
element whereby when people call in and have an item to dispose, we
can then pick it up and not have it on the streets.
Mayor Ferre: In other words, you have answered now for sanitation.
Now why don';t you answer for Fire Dept. "A" Rescue Service.
Mr. Reese: We have funded our Rescue Service throughout the City to
the best of our budget ability. One of the priorities in the federal
revenue sharing is to improve our fire fighting and our fire fighting
function. Rescue is a part of that. We thereby can use this money
and should use tilt so supply us with one more extra unit in this
community and then we would be in a position to give the total coverage
to the community.
Mayor Ferre: In other words this comes within the purview of the -
Mr. Reese: Yes Sir, there isn't an item on this suggested Iist that
doesn't come in with the priority suggestions.
Mr. Plummer: Mr. Paul, if you would Sir, for my way of thinking.
You made a comment when you first started that you felt that only #1
was a service orientated type of service. Now, surely Mr. Paul, how
do you differentiate between that and Rescue Service, not being a
service type of thing? Surely it is a service to the people of the
City.
Mr. Paul: I think you misunderstood what I said Mr. Commissioner.
What I said was that we thought that the revenue sharing money ought
to be used to makeup the deficit in social services being provided
in the City of Miami and institute new social services that were not
now being provided but which were high priority items as supposed to
funding deficits in the budget of normal operating services.
I would hope that every service in the budget is in some way a
service oriented. If it isn't, it shouldn't be there.
Mr. Plummer: You didn't use the word before, social services.
53
JUL 121973
Mr. Rothstein: Mr. Mayor. May I just point that the Revenue Sharing
Act and one of the purposes of it, and the statements in the act
itself, are clearly set forth that one of its purposes is because of
the squeeze on the property owners, that there be an alternative way
of supplying increased funding to carry on certain high priority act-
ivities in the City, which is what Mr. Reese is talking about, without
putting a greater burden on the property owners.
The Revenue Sharing Act, as Mr. Paul says, also has part of it, social
services but the implication that Mr. Paul is giving to you in his
statement which is why Commissioner Plummer asked the question, is when
Mr. Reese lists these services, he is doing something outside the
Revenue Act because this money is for social services. Well that is
not accurate. The purpose of the Revenue Sharing Act was to have on
a local level, more inputs of money that the local Commissioners can
decide where this money should go to meet the increasing needs of the
City without putting a big squeeze on the property owner.
What Mr. Paul is saying is that we feel that the priority should be
here, here and here but the implication that these listings are not
proper within the Revenue Sharing Act, is not accurate.
Mayor Ferre: Let me paraphrase it in layman's language.
I think really what we are saying here Mr. Paul is that a lot of these
functions here are social services. You sort of have to admit that
Sanitation and Rescue Services are important services to people of this
community. The question is: What priorities are you going to assign
and what proportion are we going to give of the total amount of money?
That is a subject that is open to discussion and we want to discuss
here, but I don't think anybody here would say a Rescue Service is not
a social service in this community.
Mr. Paul: But it was not one that was funded by federal money before
and you have now pulled it out of your operating budget and funding -
Mayor Ferre: No, no Mr. Paul, excuse me. Let me answer that for
Mr. Reese. This has not come out of the operating budget. We will
have in the budget an amount, the same as last year or greater for
these type of services. This is an addition. Is that correct Mr. Reese?
Mr. Reese: That is correct. This is.a bra:ld new additional unit.
Mr. Paul: It seems to me that is a distinction without a difference.
All you are saying is that the higher cost of the services are now
being funded by the federal government.
Mayor Ferre: That is not what Mr. Reese --now wait a moment.
Mr. Plummer, lets not get these things roff with words on a tangent.
Mr. Reese, you correct me if I am wrong, I will repeat the statement.
We will be in the September budget that we will receive, have itemized
in there, an amount for Rescue Service which will be equal to or
greater than the amount allocated to that same service in thi previous
budget. Is that correct?
Mr. Reese: That is absolutely correct.
Mayor Ferre: So this is not to cover the additional expenses but is a
completely new program that would not exist did we not have these -
Mr. Reese: This is a complete and new and an addition, unit, to the
previous services that we have not been able, previously to finance.
Mr. Plummer: What I think it is in simple language I think.
We have 4 units operating now at roughly 12,000 calls a year.
The budget cannot stand a Sth unit to take some of the pressure off
the 4 existing units. Taking the money from federal revenue and
starting a Sth unit, would take some of the pressure and let them
expand their services they are performing now.
In the budget as I understand it will still be the monies for the 4
to operate on and money from the 5th unit would come from federal
funds if I understood correctly.
54
JUL 121973
Mr. Rothstein: Mr. Mayor, apparently I didn't make myself clear.
The point of the Revenue Sharing Act was not to say, operate your
budget as such and get extra things. It was to alleviate the pressure
on the property owners when in addition to additional services, when
cost of living goes up, we need additional monies to run your city
that you shouldn't keep putting the burden back on the property owners.
That the property owners can get the services. That the community can
get the services and these monies ought to help do it.
Mayor Ferre: I'll tell you, you ought to go around with me to some
of these community events and hear the people at Tamiami and Flagami
and Grapeland and the other communities around here talk about these
things and you would see how important what you are saying now is.
Mr. Paul: Nevertheless, just in brief response to that. I don't think
Revenue Sharing was intended as a cost of living adjustment to cities
and if you read the Revenue Sharing Act, I don't think that was its
purpose however, I certainly wouldn't quarrel with the City Attorney.
Frankly you can use legally, if you want to stretch the Revenue Sharing
Act, revenue sharing for any purpose you want, short of two or three,
such as dumping it in Biscayne Bay or 2 or 3 other restrictions.
I am not saying that you are violating any of these things legally.
in any sense of the term.
Mr. Plummer: Memphis Tennessee used 100% of their funds to build a
new football stadium.
Mr. Paul: I understand there is one city in Dade County that used it
or a substantial part of it, to build new Tennis Courts.
Mr. Plummer: There is also a city in Dade COunty that got so little
amount they sent it back.
Mr. Paul: Item 7B, Fire Alarm Systems. The committee is unanimously
in favor of in principle.
Item "C", General Government services. Item 8, the committee is
unanimously opposed to a 3 million dollar contribution to continue
finding the pay plan. When that was first suggested in the first year
the committee sent the Commission a report pointing out and there is no
need to take the time now, why we feel that is very unsound budget
technique. Its unsound from the employees involved. They are clearly
painting themselves into a corner and how are you going to fund normal
operating salaries in the City of Miami when Revenue Sharing ends if
you are going to continue to rely in such a major amount, this year
in the extent of 3 million dollars to fund the pay plan?
Mayor Ferre: We are running out of town.
I will recognize you Mr. Plummer on this point later, go ahead Mr.Paul.
Mr. Paul: Item 9, 10 and 11, in view of the shortness of time, again
I will cover by one recommendation and that is we see no reason for
shifting those operating expenses of the City of Miami to revenue
sharing. It seems to me that at some time you are going to have to
come to grips with balancing your budget with the millage limitation
and existing revenues and that if you rely on revenue sharing money
to make up that deficit, that 2 or 3 or 4 years along the way, you
may find that you have a bankrupt city on your hands and I think itsa
problem you ought to fact now. It's very unsound from a fiscal point
of view in future planning of the City of Miami.
That concludes our report as to the items. We again, urge the
Commission to consider the items which the Revenue Sharing proposals
which we made to the City in a written report some time back and
suggested and particularly if you decide to put your salary increases
in the budget. In fact if you are in that kind of a budget squeeze
I would strongly recommend that you pull other items out of your
city budget and put themin revenue sharing and put the salaries of
City employees back in the normal budget where it belongs so the
taxpayers know which way they are going and so you don't leave a
bunch of policeman and firemen 3 or 4 years from now out on a limb
without any funding at all.
Thank you.
55
Mayor Ferre: Now, Mr. P;.ul wait a moment. Commissioner plummer-
Mr. Plummer: I just want to go on the record. Mr. Paul some time
ago you raised or I think you initially you raised about this funding
of employees salary as being improper from federal revenue sharing.
Now my question is to Mr. Reese, and for your edification.
I immediately inquired of Mr. Reese and raised the same question to him
your question, and Mr. Reese, is it still your thought as it was at that
time as I recall your answer, that over the normal 5 year period,
hopefully that the program would last 5 years, that the normal increase
in the ad valorum taxes from the tremendous amount of construction in
the downtown area, would more than compensate for this pay to the
employees and at the end of 5 years would be able to be easily covered
by the budget?
Mr. Reese: That can't be answered with a yes or no. I would like to
say when the City Commission adopted the budget in October and at that
time stipulated that the salary adjustments based on the Wage Survey
would be taken out of Federal Revenue Sharing.
When that was done, the Commission asked me if it would be possible to
absorb this in the up and coming budget and I said no, not in its
entirety but we would be able to absorb a good percentage of it which
we are absorbing and the balance or this 3 million dollars, I am quite
sure in the next 2 budgets will be down to zero as being absorbed into
the budget.
This philosophical statement of preparing budgets and the position of
the City and so on is done for no other purpose than to bring out a
point. Now what the point isoI don't know, but I want to assure this
City Commission that not one of these programs that has been proposed
to you is pulled out of the budget or has been part of the budget.
If it was and met the priorities, that would still be permissable and
also, I would like to bring to the Commission's attention that there
is a resolution on the City of Miami books that on committees that are
in existence, they are supposed to keep minutes, supply these minutes
to the City Commission and alsothe list of attendance at these meetings
and the actions of these members as far as adopting anything that is
recommended to the City Commission.
I would like very much if the City would see fit to ask for such a set
of minutes on this revenue sharing committee.
Mr. Paul: The minutes on all previous meetings have been furnished to
every member of the City Commission with a copy to the City Manager
with the exception of the meeting which was held on Monday of this
week and which the minutes haven't been written yet, however,
furnishing them didn't seem to have much effect.
Mayor Ferre: Nos Mr. Paul.
Mr. Reese: All of the provisions of the resolution.
Mr. Ferre: Mr. Paul, I just want to make one comment and then we
will open the matter up for further questions from the Commission
and some answers from Mr. Reese.
The comment I want to make is this. That for the last dozen years
or More, I have heard time and time and time again, how bad the
City of Miami was and in what dire financial straits it was in and
how the City of Miami had only another 2=3 years to go because it
couldn't fund its budget. Now I think from my experience of serving
31 years on the City Commission and almost 3 months now as Intermin
Mayor, that I have never seen the City of Miami in a stronger fiscal
posture than it is right now. I think if you look at last years
budget, the way it was funded, the surplus that we have and we c..rry
over from one budget to the other, and I think the general posture of
the City of Miami fiscally has in my experience, the City has never
been stronger and I would like to ask Mr. Reese to specifically comment
and address himself to that question because that keeps coming up and
I don't thinkit should go unchallenged.
56
1
Mr. Reese: Mr. Mayor, anything I say on that undoubtedly will be
interpreted as self -servant.
Mayor Ferre: You say it anyway.
Mr. Reese: I think that you have to go and look at the financial
statement and one of the best barometers of the City of Miami's financial
position is look at the results every time we go into the bond market.
Before you go into the bond market, you have to expose your entire
financial record, your plans, all of your anticipated built in operating
and capital expenditures, and it has to satisfy the needs or otherwise
we wouldn't be able to sell bonds at a lesser price than Metro just sold
them the other day for.
Mayor Ferre: Mr. Bailey, I see you sitting back there Sir. Do you
want to comment on this?
Mr. Paul: May I just make one final statement Mr. Mayor?
It seems to the Revenue Sharing Committee that in view of the informational
infeed that we have had, that it serves no useful function to continue the
committee any further and personally I should like to resign as chairman
of the Revenue Sharing Committee.
Mayor Ferre: Now, I would like to have a show of hands of the people
that are going to speak today on this matter today of revenue sharing?
1-2-3-4-5-6. I will allocatate exactly 4 minutes because we are already
1 hour and lets make it 5 minute's for every one of the 6 speakers that
want to speak.
-Now Mr. Paul, I want to, since you have resigned, I assume is your
resignation yours personally, or for the whole committee?
Mr. Paul: I obviously can only resign for myself.
It's my resignation personally. I have no desire to participate in an
exercise in futility.
Mayor Ferre: Let me tell you that I don't think that is exactly accurate.
I don't know what has happened in the past because I wasn't part of that
but I can tell you that your words here today, if you will have the
patience of not condemning us before we have our day, that I think it is
going to be rather obvious, the work of this committee is going to have
some kind of an impact so your work is not in futility and I really
think again that this is unfair case of pre -judging something without
waiting for the final results.
T of course with regrets accept your resignation and thank you for your
services. Mrs. Range.
Mrs. Range: Mr. Mayor, this has certainly come as a total surprise to
me, being a member of the revenue sharing committee.
I want to have you know that I would plead with Mr. Paul here in public
to reconsider his resignation and to ask at the same time that this
committee be given what we commonly some teeth, that we be ah1: to
move on some of the issues without simply being an advisory committee
to come and say things and then go away and not even know what is being
planned by the Commissioners until we see it in the papers. We feel
that it is an exercise in futility. I notice Mr. Reese pointedly asked
that the minutes of this committee be furnished.
I can assure you for one, that this committee worked very very hard
toward what we feel is for the betterment of the entire City of Miami
and I should feel that if this: reignation is allowed to go through
now, I can't speak for every member of this committee but another
member of the committee just suggested that we resign in mass.
Certainly I do not feel that this would be the best thing for the
City of Miami. If we are going to work for the betterment of the
City of Miami, I think we should all work in unison and I am asking
Mr. Paul to reconsider his resignation and that this City Commission be
more ameanible to our dillemma in trying to help you solve these
problems.
Thank you very much.,
5 7 JUL 121973
Mayor Ferre: Mrs. Range, I would like to responk, very briefly.
You better than anybody else, having served on this Commission for 4
years certainly know that the way the government functions in this
country and in Miami and Dade County, the final responsibility of any
budgetary item or any funds that come here from the federal government
must be determined by the public body which is the City of Miami Commission.
We cannot give this duty over to anyone unfortunately. Sometimes I just
wish we could pass the buck.
Mrs. Range: I am not asking for that Sir. I am just asking for
consideration of the items tht we bring to the Commission. I would
certainly not go so far askance as to ask you to relinquish your duties
to this committee. We are not asking for that Mr. Mayor, we are simply
asking for the kind of cooperation we are going to need to make the thing
actually work because it is the money of the taxpayers filtering back
to us and we feel that, I personally feel that something can be worked
oI.t between the Committee and the City Commission for the betterment
of the people of this community.
Mayor Ferre: Well I certainly hope that you don't subscribe to what
Mr. Paul has stated here which is a pre -judgment of what we are going
to do because I don't think anybody here. I am talking for myself but
nobody here knows what Maurice Ferre is going to do today or tomorrow
or whenever we vote on this matter so don't prejudge what is in my
heart or in my head. I haven't made any statements one way or the other
about any of these items.
Mrs. Range: I am not prejudging.
Mayor Ferre: Mr. Paul did.
Mrs. Range: Well I am certain Mr. Ferre that we can understand that
even though as you sit there as City Commissioners and we stand here
as citizens, we are still all human beings and emotional elements happens
to enter in no matter how much ve say that we leave emotions out of
government, as longas we're human, cur emotions are going to surface
at some time or other. I personally feel that this is what happened
a moment ago and I know Mr. Paul's interest in this and the interest
of all of us including yourselves and I just wish something else could
be done other than accepting his resignation at this moment.
Mayor Ferre: Mr. Paul , would you reconsider serving as chairman?
Mrs. Gordon: Mr. Mayor, I would like to add my own comments. I hope
that you do reconsider Mr. Paul. I do for one feel that you have
aided me tremendously with your recommendation.
Mr. Paul: It's not an emotional outburst on my part. It seems to me
that the Revenue Sharing Committee doesn't really have any function if
its a policy decision of the Commission to continue to fund the operating
budget of the City of Miami out of revenue sharing money.
Mayor Ferre: Mr. Paul, we haven't come to that decision yet.
Mr. Paul: In dialog with the City Manager, that was this Commissions -
Mayor Ferre: The City Manager does not vote on this commission. He
has an opinion.
Mr. Paul: I will withdraw my recommendation but I do sincerely state
that I see no purpose of a committee to advise you on how to work the
operating budget of the City of Miami and -
Mayor Ferre: Why don't you hold back your resignation until we and
this Commission take a vote and take a position on this matter?
Mr. Paul: All right.
Mr. Plummer: Mr. Mayor, I think Mr. Paul and Mrs. Range and all and
maybe even some of the Commissioners should be very cognizant of one
thing. I think its been forgotten.
58 JUL 1219
Mr. Paul, when Mr. Reese submitted to us this paper which you quoted
from, if I remember correctly, his words were, that this was merely a
plan which would be submitted to the federal government, which had to
be done by a certain date for the intent of these funds.
Now, he made mention at that meeting when this thing came up and this
proposal came up, that at the public hearing, you can rip this thing
apart. You can tear it and you can tear it down and you can rearrange
it but right now, to meet a federal requirement, I must submit some
plan. This was the plan that he submitted. He readily admitted at
that meeting that we could change it, we could alter it, I think his
terminology was rip it up and down.
Mayor Ferre: And I have a feeling we will.
Mr. Plummer: And so you see, I think people are jumping at the gun.
This is not what the Commission said we are going to do or what we
want to do. I am sure there is a lot of things in hPr..teit we do.
There is a lot of things that we don't but I think a pre -judgement has
been made that this is the plan. This was only a plan developed to
submit to the federal government by a certain date to follow their
guidelines. I think the people have forgot that and I think its
important.
Mr. Paul" It seems to me though that an advisory committee can't serve
a very useful function if we hear about it after the fact as Mrs. Range
said. I am talking about even the Manager's recommendations.
Mayor Ferre: Mr. Paul, let me tell you something. I as Mayor of this
City received those recommendations the day before and we on this
Commission said and its a matter of record that this in no way ties
down this City Commission in any of these recommendations.
All we are doing or had to do to fall within the law was to publish
this, make it a public forum, call for a public hearing before we come
to a vote. We had to publish something. I certainly didn't have the
expertise nor did anybody on this Commission nor is it our function in
the Charter to do this. Mr. Reese is the Manager of the City. He has
come up with the recommendations, they were published. We are now
holding a public hearing. They will now be discussed and eventually
this Commission will go on record and vote.
Mr. Paul: One other thing I neglected to mention. Several members of
the revenue sharing committee are here and they wish to speak themselves.
Mayor Ferre: I now have 6 people I am going to recognize to speak
and we will take them, lets get those hands again, 1,2,3,4,5,6,7,8,9.
Mr. Angleton, you can have your hands up a dozen times. I am going to
recognize everyone in due course, including you.
Mrs. Gordon: Mr. Mayor, could we hear from some of the people that
are here to furnish us some information on the Child Day Care Center
portion which was a top priority item of the committee?
Mayor Ferre: I'll tell you what. Since Mr. Angleton is so insistent
we are going to recognize him first and I am going to give him 5,
because he has been jumping up and down and I -
Mr. Plummer: Mr. Mayor now wait a minute.
Mayor Ferre: i am running this meeting Mr. Plummer. I am going to
give everyone of these speakers 5 minutes. Mr. Angleton, you have
exactly 5 minutes.
Mr. Plummer: I then will question the chair and I feel Mr. Mayor
that it is only appropriate that the members of the committee be
allowed to speak first -
Mayor Ferre: No Sir, this is a public hearing. Anyone who wants to
be heard, can be heard. I will give them 5 minutes each.
59 JUL 121973
Mr. Angleton: Thank you Mr. Mayor. I haven't been jumping up and
down and I haven't resigned. I wish you would read my letter again.
I resigned, I offered to resign only if you thought it was a conflict
of interest.
Mayor Ferre: Oh, I don't think its a conflict of interest.
Mr. Angleton: Well I would suggest you read my letter again because
I haven't resigned. I want to serve my community.
Mayor Ferre: I heard Mr. Paul say that he had the resignation of
Mr. Angleton and he was not authorized to accept it. He gave it to me
and I took Mr. Paul at face value that you had resigned. But lets not
take time -
Mr. Angleton: Yes Sir, you were quick to accept my letter but not
Mr. Paul's. Anyway, I am still a member of the Revenue Sharing Committee
or a past member and that's why I am here.
I am appearing today in 3 different capacities. First as a member
of the Mayor's Revenue Commission on Revenue Sharing with the consent
and encouragement of Mr. Dan Paul, Chairman. Secondly, as a private
citizen and thirdly as a man who hopes to fill the Mayor's seat soon
and will therefore inherit the financial burdens and problems -
Mr. Plummer: Mr. Angleton-- Mr. Ferre is too much of a gentleman but
I am not I guess and I am not going to sit here Sir and listen to you
or anyone else use this for a political platform.
Mr. Angleton: Its not being used as a political platform.
Mr. Plummer: Well Sir, you are saying what you want to do and things
of this nature. Now I personally, Mr. Mayor, you call me out of order
again if you want to but I will listen to you Mr. Angleton or anyone
else who wants to speak to this thing here. I think I have got to be
fair and under fairness, speak to this and I will listen to you Sir.
Anything else I think is out of order.
Mr. Angleton: Ok, I will accept that. It's not out of order.
Mayer Ferre: Go ahead Mr. Angleton.
Mr. Angleton: In all 3 capacities -
Rev. Gibson:, Mr. Mayor before we, please I want to be fair to everybody.
Mr. Mayor, I suggest that we appoint a timekeeper because we want to be
fair and Mr. Reese, since you are the Manager, would you keep the time.
5 minutes please Sir.
Mayor Ferre: He has already had 2 minutes.
Mr. Angleton: If you just listen to me because this is a public forum
and if you just listen to me, I would appreciate it because I have a
word about how my money is being spent also.
#1. In all three categories I stand opposed to using federal revenue
sharing funds for employee pay raises for two reasons. (1) using these
funds for pay raises were not '-_the intent of the federal revenue sharing
program. The funds were and are intended to be used for people projects
where all the citizens in the community benefit from projects too long
delayed. #2 The state statutes expressly prohibit you from using any
funds for retroactive pay raises. The City has already violated this
law once with the money appropriated from last years allotment of
$6,125,124 in federal revenue sharing funds and now the city government
is breaking this law the second time. How can we ask the public at
large to obey our laws if we indiscriminently break them at will on
city administration level. Out of $7,828,767, it is proposed by the
City Manager that we allot 3 million dollars for employee pay raises.
At what sacrifice? By cutting down on the amounts of people programs
and reducing them to token programs instead of realistic ones which
will establish results.
The City has embarked upon a dangerous path when it chooses to shift
funds from one pocket to another instead of coming to grips with the
60 JUL 121973
financial problems of this City.
Eventually we will run out of pockets and then our successors will
inherit the financial crisis which we -
Mayor Ferre: 2 minutes Mr. Angleton.
Mr. Angleton: Yes Sir, which we created. Certainly our city employees
should have raises to meet the cost of living but not at the expense
of the people. Certainly not through any convenient method, whether
legal or not. The Mayor's Committee on Revenue Sharing is an advisory
board. All we can do is make our recommendations known to the Mayor
and the City Commission. We as a committee cannot force them to accept
our recommendations. We do however have other alternatives available to
us in our roles as private citizens such as speaking out today and any
other legal preventative means. I can only hope that the city fathers
will not spend the money from federal revenue sharing funds contrary
to the position of the committee and the law, and therefore oblige me
as a private citizen to test my opinions in court.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Angleton:
Mayor Ferre:
Your name for
Thank you Mr. Angleton.
Now can we ask questions Mr. Mayor?
I don't think so, not right now.
Well I think there is a very important question here.
We are going to come back to this.
Thank you for your courtesies.
Yes Sir Mr. Angleton. Maam, who is the next speaker?
the record and you have S minutes.
Ms. Wllson: Anne Wilson, a resident of Miami for 30 years. I have
brought a sort of a homemade map of the park of Dade COunty.
I am the Chairperson of the Status of Women for Dade COunty.
As you know we brought a resolution a couple of weeks ago asking you to
take some of this federal revenue sharing money out of the new money,
not the old money because you have already recommended $400,000 of the
old money. This is over and above that money that we are asking for
and we are asking for expansion of the pre-school program that is
presently in the City of Miami Parks and I just wanted to show you on
the map where the present programs are located and the fact that in this
center city, there are vast areas where there is no park program for
pre school children at all, as you can see from this map. The red
parks marked are where the programs are presently located. #1, we would
like to call to your attention that the real world statistics are this.
44% of the women in Dade County work. Miami proper which comprises
approximately 4 of Dade County's population, has a high concentration
of families where both parents work or a single person is the head of
the household. From this map which shows the present parks, the pre-
school programs, you can see vast areas of the city which has no pre-
school park program at all. We ask for expansion and upgrading of the
present programs in the areas outlined in red for expansion wherever
possible. We expect these fees to be charged. We don't expect this
to be a charity program. It would be, we would hope it would be in
middle income areas as well as low income areas and the fees would be
charged on a sliding scale where it would serve both low income and
middle income families and I would like at this time for those people
who are here in support of this to please rise.
There are other people that would like to speak to this.
Thank you very much.
61
JUL 121973
Mrs. Gordon: Anne, would you more or less tell the backgrounds of
most of the people that have just stood up.
Ms. Wilson: Oh, there is a varied background here. There are working
Mothers, people who serve on day care committees, and other functions.
There are some who will speak. There are 3 or 4 people who would like
to speak and be brief and this will be a cross section of these people.
Mayor ferre: Thank you Mrs. Wilson for your presentation and for
your briefness.
Ms. David: My name is Alma David, I too have lived here for 20 years.
I would like to speak in behalf of the 40 to 50-
Mayor Ferre: Excuse the interruption but just for the record would
you state your address. We need that for our records.
Ms. David: Yes, I live at 8505 S. W. 48 Street.
Mrs Gordon:Dr... David, also for the record, your occupation and your
preparation of the presentation that you are making.
Ms. David: Yes I am a Professor of Early Childhood Education at the
University of Miami.
I would like to speak in behalf of the 40 to 50,000 children of
working mothers in Dade County who are under 6 years of age and who
cannot speak for themselves. We as Mrs. Wilson says, have 44% of the
working force in Dade County who are women *mut society ignores the
problems of who minds the babies while these mothers are working.
As she has said, we need day care for all levels of our society.
There have been proposals for day care centers'in the low income areas
and we approve of that and also want day care centers in some of the
areas where there are many working mothers in the middle class.
One of the things that we are aware of, is that we need a quality
program for every phase of a child's development. Research has shown
that 50% of the childs intellectual development takes place in the early
years and if the child does not receive intellectual stimulation, in
those early years, then this is a deFicit that may follow him throughout
life. We also know that nutrition aid health affect the learning
potential of the child as well as every other aspect of his development.
We know too that psychological damage can result if a child has poor
care or in some cases is left with no care at all if the Mother cannot
find a place to leave the child.
We know that quality care helps not only the child but the whole family
and we endorse the kind of program that would involve the parent in
these policy making of the center and in an educational program which
would help them to become better parents. Therefore, a good program
strengthens the family. We feel too that it would strengthen the
community because business needs to have good care for the children of
working mothers so that they can do a better job while they at work.
We feel too that the community needs to bring all ages togethtr.
We have one member in our group that is in charge of the grandparents
program including them in day care centers as well as the parents but
the greatest gain is an investment in the life of a human being who
can either contribute to society or if neglected, can become a
burden and end up in jail or psychiatric ward or become a drag upon
society, so we endorse that the proposal to set aside $1,000,000 from
the revenue sharing be spat in behalf of young children of the City
of Miami. (Applause followed)
Mayor Ferre: Ladies, we have had since I have been Mayor, about 5
public hearings. I have requested in the past that we have no outbursts
of any kind so I will since:you are full fledged persons of society
now, I am going to treat you the same as I have treated everybody
else and will kindly ask you to refrain from applauding.
Thank you very much Dr. David.
Ms. David: I have a petition here endorsing the resolution also.
Mayor Ferre: Who is the next speaker please?
62 JUL 121973
Ms. Pritcher: I am Mrs. Nathan Pritcher, Vice Chairman,Vice PResident
of Community services of the Greater Miami Section of National Council
of Jewish Women, 4200 Biscayne Boulevard. The National Council of
Jewish Women has been vitally concerned with quality day care for many
years. We feel very strongly that mothers in training, mothers who are
the sole support of their families or contributing supporters of their
families, should not be in a position of doing so at the expense of the
emotional stability and mental health of their children and family units.
This is frequently the case because of woefully inadequate child care
facilities. The reality is that many working mothers must leave their
children with one neighbor, then another, then another, one relative,
then another. Often older children have the full responsibilities for
their younger siblings. Baby sitters when they can be found give the
quality of care dependent on thequality of the baby sitter.
For those who can afford it, there are some proprietary care centers
available on a limited scale but even some of these facilities merely
offer custodial care because of the quality of the personnel. Some are
actually repressant. Certainly it is far less costly to supply quality
day care than to pay for care of many of these children who in the future
will become dropouts, be emotionally disturbed, the troublemakers, the
juvenille delinquents because of a lack of quality day care.
We have a golden opportunity in the City of Miami to offer our children
of working mothers and mothers in training or working fathers who are
the sole person in the house that seems to develop to the maximum pot-
ential in their formative years. It whets their appetite for future
education. It helps channel their energies into constructive rather
thandestructive paths.
The National Council of Jewish Women of Greater Miami is involved in
2-Day Care Centers. One in Larchmont Gardens and the other, a new one
in conjunction with the Ym-YWHA. We have had the opportunity to see
first hand the benefits that can accrue to children in a quality
facility with properly trained interested caring personnel.
Quality day care is an investment in our future for certainly our
children are our future. The question is not can we afford to spend
1 million dollars on day care. But can we afford not to spend this
amount on a program that will be of great benefit both to our children
and to our community. Thank you.
Mayor Ferre: Thank you Mrs. Pritcher. Who is the next speaker?
Ms. Zatinsky: My naite is Marilyn Zatinsky, I live at 6060 N. E. 5th
-Avenue, Lemon City, in Miami.
I have 2 children. One in early teens and one nursery school age so I
have been a working mother for quite awhile.
I really feel that I represent a large number of working women in Miami.
I found out that there are 221,584 working women in Dade County. That
is the 44% that has been mentioned before and for a lot of reasons, we
need services that are not presently available. There are 70,000
families in Dade County with working mothers who have children under
the age' of 18. Only about 10,000 of those are in the poverty category.
There are lots of us. I make under $6,000 a year and I am ha,ring a
really hard time. I just need a little bit of help but I am doing
the best that I can to see that housing, clothing and provide for my
children and raise healthy well adjusted ones but there were things
like broadly distributed quality day care programs at prices that I
and so many others like me could afford, it would be a tremendous load
off and I really feel that so many of as working mothers are putting
money into the tax pot, why can't we be some of the ones who get
something back? Why can't we get a little bit of a fair share?
From the revenue sharing thing. We don't want warehousing for our kids.
We want quality programs. We want these things at times when our
children can use them. We want something on a sliding scale as I said
so we can all afford them, not only low income people.
I don't qualify for assistance. I am not too far away from it but I
don't Qualify. I really don't want. I would like to do it on my
own with just a little bit of return of my tax dollar and I appeal to
you and I hope there is some way in the City of Miami that some of
these dollars can be returned to us.
6 JUL 121973
Mayor Ferre: Thank you very much Mrs. Satinsky.
Mrs. Rockafellar.
Mrs. Rockafellar: I am Grace Rockafellar, President of the Northeast
Taxpayers Association. Now we agree with Mr. Rothstein when he said
that the Revenue Sharing was intended to take some of the burden of
the over burdened taxpayer. We agree with Mayor Ferre when he said
the City of Miami is in a better financial situation than it has ever
been. As taxpayers, we are opposed to the federal revenue sharing
being used for salaries. Now on the national guidelines for salaries
set down by the government, its 51% that most of us must adhere to.
In private business if the business cannot afford a salary increase,
its based on what it can afford. I think the City of Miami could base
their pay increase for their officials on what the City can afford and
not take it out of federal revenue sharing and we think this money
should be used for the services that these ladies have spoken about
and Mr. Paul spoke about for civic services that cannot be given unless
you put an extra burden on the taxpayers, so hopefully we were against
the last time that a great portion of this was used for salaries and
hopefully that no more of this will be used for salary.
Thank you.
Mayor Ferre: Thank you Mrs. Rockafellar. All right Erny, oh excuse
me, Mrs. Virrick.
Mrs. Virrick: I won't take but a minute because I don't think its
necessary to try to sell you on day care. If anybody in Dade County
knows, I know because I have seen hundreds of times children left with
the old lady in the neighborhood. They are running in the streets,
paddled with a paddle, they were eating food left exposed to bugs and
ants and I know how desparate the need in many of the parts of town are.
I didn't come to sell you on that because I think its a foregone conclusion.
I came up here to try to be a peacemaker to resolve the problem
that seemed to come up today unexpected by any member of the committee
and I am a member of the committee. It should •not have come up. It came
up because the committee has not had time to do what it should do to
study these problems and this was reflected in what Mr. Paul said.
It apparently was not, you didn't get it, but that's what he was saying.
We don't think $400,000 or maybe even a million is enough for the
day care centers but before we say how much, we would like a little
more study and I haven't been able to get to the Saturday morning
meetings because I have been busy but if we could have a survey that
would show where these parks are that the centers are to go, what
they need, how much additional personnel would be necessary, we could come
up with something to say yes or no to but we didn't have any of that.
The things we made our decision on were the things that were given to
us and we had neither the time nor the information to come up with
concrete recommendations to you as to amounts and that sort of thing.
I see no excuse or any reason for you all to get mad at us after we
have worked so hard and we have worked without enough to work un and I
don't blame him for resigning and if he resigns, I 'shall too and I
think most of the committee will because its not fair.
You asked us to give a service to the community. You asked him to
submit minutes which he does at his own expense and then he comes up
here and reports to you and every single word he says, you argue with
him about. This isn't very polite of you. You haven't been very polite
to -your committee and I don't want to resign because I am interested and
I have very definite ideas of what I think revenue sharing should do and
I would like to continue on it but if there is going to be this kind of
unpleasantness, I am going to resign too.
That is a promise.
Mayor Ferre: Now Mrs. Virrick, I don't think anybody is trying to be
mean to anybody else around here. The only thing that I took exception
to strongly is that I think that it is wrong for anybody here to
pre -judge what this commission is going to do. You don't know what we
are going to do and my only quarrel with Mr. Paul today was that he
came in here and got upset and resigned without knowing what it is that
this Commission is going to do.
64
Mrs. Virrick: Maurice, put yoursel;pretend you ;.ere standing here and
he was up there and if everything you said was jumped on the way you
all jumped on him, you would have done the same thing.
Mayor Ferre: Ok. You just be patient here as this thing progresses.
Mrs. Virrick: Well you all give us a chance to make some good decisions
and we'll do it,
Mayor Ferre: All right Mrs. Virrick, thank you very much.
Mr.Fannotto, keep it short please,
Mr. Fannotto: Honorable Mayor and members of the Commission, Erny
Fannotto and I am President of the Taxpayers League of Miami and Dade
County. I think the basic purpose of the revenue sharing money was
for two specific purposes. One is to help the City specifically to
help the homeowners and taxpayer and lets do just that. Iam going
to ask you to deduct 25% of the revenue sharing money and tell the
people of the City of Miami,we used this money to reduce taxes.
I am going to ask you to take 10% of the total money and use it to
beef up our police force. I am tired of being in the City of Miami
£, hearing candidates run and say, I am going to reduce crime.
Let's do something about it. Lets take 10% of all the money and add
policemen. Let me give you s specific illustration.
Our principle industry in Dade County is the Hotel Industry and they
work on two shifts from .12 to 4 and 4 to 12. They come downtown and
take buses. You don't have one foot policeman after 11 or 11:30 on
these streets and let me tell you something. And let me tell you that
these people who work in hotels whether they are maids, whether they
are secretarys or accountants, they pay taxes too. If you want to
cut crime, put extra policemen during these hours. Go in Liberty City
and give them some extra policeman. We know where the crime is and
you folks know too.
Mayor Ferre: Erny, you have 2 minutes.
Mr. Fannotto: Ok Mayor, I am going to take the 2 minutes to say I
think you are a good businessman Mayor and I trust and have confidence
in you that you will spend the money in a good businesslike manner
and again I am going to repeat, 25% to reduce taxes. 10% to fight
crime and let's hire policeman and lets make our streets safe for
the ladies, children and men of the City of Miami.
Thank you.
Mayor Ferre; Thank you Mr. Fannotto. Who is the next speaker now?
Ms. Frazier: I am E. Frazier and I am President of
and I am here today because I am interested in revenue sharing day
care. There should be more money put into day care because we are
all working mothers. We find we have many of us who would wark and
even though working have to spend as much as $100 a month for day care.
Therefore, you will find mothers working who are just above the
poverty level when it comes to their struggling children and are
struggling harder than would be if at the poverty level.
I am encouraging that we do extend the day care centers into all parks
in the City of Miami so that the working mothers can continue to work
and be sure our children are being taken care of.
Mayor Ferre: Thank you Mrs. Frazier.
Ms. Liberty: My name is Eunice Liberty from the National Council of
Negro Women. If you can read back, the National Council of Negro Women
who have really spearheaded the original child care center in Washington
D.C. so, we have a long record of doing a community job.
I would like to also say to you because of the fact that many of our
young people are now in jail, if you go to jails today, you will find
95% are there and if you talk with them, they will tell you where it
started and right here where the child could have been protected at an
early age. I have spent 37 years in Dade County working with young
people. I have a young man who is close to a PHD level and when I talk
with him, he is working with Dade county but when you talked with him
when he was 5 years old, he didn't get the care. He is an educated
6� JUL 121973
person and you would be surprised to know his story, so take this one
example for a .man who has really disturbed, couldn't stay with the
wife, went in service, came back, working everyday trying to make it
and if you see him tonite you wouldn;t believe it, how close he is
to his PHD degree but at 5 years old he didn't have the protection.
When you get ready to share your money, think of that particular person
and really multiply it by many many more. Go to the jails tonight and
95% of them are black and 95% of them did not get the care. Think about
it, they are in prisons too. Thank you.
Mayor Ferre: Thank you very much Mrs. Liberty. We have 2 more speakers.
Ms. I am Francis:o , President of Centro Mater
a recreation center for children. We are running right now a summer
camp. We have 250 children and we have no shelter. We have 2 shelters
but they are open on the sides. We have a very small office and we
run a day camp for the children from 9 to 5.. Due to the bad weather
we have now, we would like to ask the City Commission if they could
help us to get some portable classroom building. We have a problem
there because there is going to be built, a park in the meantime, we
need this shelter for the children. We would like and went to see
Mr. Klein, Dade Co.Public School Asst.Superintendent and he sent us a
letter telling us that they have:10 portables no longer of value to the
Board and they are going to take this to a meeting on July 19, 1973 and
they are offering this portable classrooms to the in a public auction
and if it is possible if they could help to get us this portable or
a way that we could get that portable.
Mayor Ferre: I have a copy of the letter here which you gave me from
the Dade County Public Schools. Mr. F. H. Klein, Asst.Superintendent
of the Division of Business Services and Iam going to give this to the
City MLnager and Mr. Reese if you would have somebody call Mr. Klein
and find out exactly what type of shelters they have available and what
.the cost is and that is something we will take into consideration when
we get into these programs. I am afraid that we are not going to give
you a quick solution.
Ms. We need a quick solution because we tried to rent some -
Mayor Ferre: It all depends on what kind of money you are talking
about and if we could get somethingdetermined, perhaps we might find
something within the City. How much do you think these units would
cost?
Ms. : We have no idea right now because- Sister Miranda has
more information.
Sister Miranda: Mr. Mayor and all the Commissioners. As far as.I
know, the last time I talked to him he told me he could quote around
$5,000 to bring them to Centro Mater where we are working and where
is so needed, one day care center also. We cannot work where we are
and this would be a help in order to continue our programs not only
during the summer, but all through the year to expand our programs.
We have no buildings. We are working in the garden.
Mayor Ferre: Well if we can get sane kind of a response before the
end of the day, then perhaps we would know what we are talking about
right now till we know what kind of money. Mr. Reese, maybe someone
could call before 5 and see what Mr. Klein has to say about that.
Mr. Reese: He is offering these for bid sale, the school board is
and this is within 30 days of July 19th they are offering them on
a bid for the disposal of them.
Mayor Ferre: We might be able to get those at a very inexpensive
price. You mentioned several hundred dollars. That's what Mr. Klein
said.
Mr. Reese: No no, you said somebody said this.
��; JUL121973
A
4'
Sister Miranda: No Mr. Klein said maybe they won start from $100.00
up.
Mayor Ferre: Well let;s find out and if we can do that, we might
find some money within the city if its a matter of a couple of
hundred dollars to get these shelters right away.
Sister Miranda: It is the transportation also.
They move them to the place -
Mayor Ferre: The trouble is, we can't determine that today so its
a matter of following up and you have our commitment and I think I
speak for everybody on the Commission that we will persue this and we
are asking Mr. Reese perhaps this afternoon we may have some answers
before we break up this evening.
Mrs.Gordon: This is pertinent to Mother Miranda's problem and to
the other speakers on Child Day Care because there aren't any other
minor items of this kind that can be resolved quickly if we have a
group of interested people who are willing to give their time and
attention to it and we have such a group of people and Ms. Ann Wilson
is here, the Chairperson of the Status of Women Committee, who has
volunteered to serve as the chairperson of an ad hoc task force for
this very same purpose so may [ move that we appoint her as chairper
son of the task force that have volunteered and of course it is open
to any other volunteers that desire to help on this program.
They can handle these emergency problems and can save the Commission
a lot of time and effort. May I appoint her at this time?
I would so move.
Mayor Ferre: Now tell me again. You are making a motion to appoint
a committee?
Mrs. Gordon: I am appointing Ms. Ann Wilson, Chairperson of a volunteer
committee to help with the child day care coordination efforts that are
being made in the community.
Rev. Gibson: Mr. Mayor, Mr. Paul just got through arguing with us.
Now if you don't need that committee, get rid of it.
Mrs. Gordon: It's a different committee Father-
Rcv. Gibson: You are talking about Day Care. These people have to
deal with that Revenue Sharing money. All I am saying is, my bretheren,
I am disturbed everytime this one comes here. Either we are going to
be orderly or we are not going to be. I would suggest Mr. Mayor that
you turn this matter over to that committee. If you don't need their
recommendations, get rid of them.
Mrs. Gordon: Mr. Mayor, I don't think Father Gibson is listening.
Rev. Gibson: I am afraid I listen too much.
Mrs. Gordon: I think you have missed the point of what I have just said.
Rev. Gibson: All right, let me hear you again because I am going to
answer it.
Mrs. Gordon: What I have said is there is a group of citizens who
are specialists in early child development and educators and people
of great knowledge and experience in ttis particular field. They are
not going to tell us how to spend the revenue sharing funds perse.
They are going to bring forth the kind of information that the
revenue sharing committee will need in order to decide specifically
how much money will be used for this portion of the revenue sharing
funds.
Rev. Gibson: Mr. Mayor, I want to again. I am not an educator.
I preach for a living but I tell you this. I have some common sense
and concern about procedures.
67 JUL12'1973
Dan Paul came here resigning simply because we :.ways circumvent that
committee. Now if this is the way we feel, if t;;is is what you want
done, you ought to say to the committee that Mr. Paul heads, Mr.
Paul you have heard this matter, we want you to make a recommendation.
Otherwise you are going to lose citizens committees every day.
Mrs. Gordon: Mr. Paul, I appreciate your recommendation to -this
committee has volunteered to aid the city in coordinating efforts to
develop day care centers within the City of Miami and would you as
the chairman of the Revenue Sharing Committee have any objections
to such a committee helping the city in this regard?
Mr. Paul: Mrs. Gordon, I don't think that is even a question that
I can answer. (Rest of Mr. Pauls remarks were inaudible since he
was in the audience and did not use the microphone) —
Mrs. Gordon: A citizens committee to put their efforts and knowledge
behind the formation of centers of course.
I again would like to movethat this citizens committee be given some
official status as a volunteer committee within the City of Miami
for -the purpose of developing a network of child day day care centers.
Mayor Ferre: There is a motion on the floor. Is there a second
to the motion?
Is there a second to the motion?
Father Gibson, I will turn over the chair to you and I will second
the motion for this purpose. I see no conflict in having a committee
that is involved specifically with a very very important matter which
is called day care centers. That does no violence in any way in my
opinion to the Revenue SharingCommittee that Dan Paul heads.
Mr. Paul has a specific task. His task is to recommend to us how
we should use these funds. That doesn't mean that we are going to
follow 1000 of anything that the committee recommends but we certainly
are going to pay attention to it as I have said before because it is
an important committee. They work hard and they deserve recognition.
One committee has a specific task. This is a completely different
matter. This is a committee tYat is dedicated to one specific
specialized complicated subject and I don't see that there is any
conflict between one and the other and I am certainly very happy.
Mrs. Gordon: I want to commend you Mr. Mayor on your farsightedness.
Mr. Plummer: Let me ask this. Are we under discussion?
Mr. Vice Mayor?
Rev. Gibson: Yes Sir.
Mr . Plummer: Mrs. Gordon, is it also because I am looking here at 3
pages, 21 pages which already shows the Chairman on it.
Mayor Ferre: Well now excuse me -
Mrs. Gordon: Mr. Plummer, these first 2 pages -
Rev. Gibson: Please, all of us can't talk at one time. Now Mr.
Plummer -
Mr. Plummer: Mrs. Gordon, lets say that approximately we have got
as it stands today, 15 different allocations of where the monies are
going to go. Now if we are going to formulate a committee for each
and every one of these allocations of money and the committee is
going to be as lengthy as this one, I hate to tell you but I don't
think anything is ever going to get accomplished and there is not going
to be any money after administrative to do anything.
Mrs. Gordon: You are not going to pay anybody on this committee one
single penny Mr. Plummer.
Mr. Plummer: Indicate that so Mrs. Gordon, committees I was always
thought, if you want no action, you make them large and if you want
action, you make them small.
Mrs. Gordon: May I explain the position of the, would you mind
Father?
6b
Mr. Plummer:,Iasked the question of Mrs. Gordon.
Mayor Ferre: Mrs. Gordon, I think I can cut through quickly -
Mrs. Gordon: I just want to tell him who is on the committee -
Mayor Ferre: That would take 10 minutes.
Mr. Plummer: I can read it.
Mrs. Gordon: No you can't because the 3rd page is not on the committee.
Those are simply consultants and Mr. Plummer, would you listen?
Do you want an answer to your question?
Mr. Plummer: I will ask you to answer my question.
Is it your intent that every delegation from the federal revenue
sharing -
Mrs. Gordon: No Sir.
Mr. Plummer: All right, that answers my question.
Mrs. Gordon: No Sir, and an aside of this committee is necessary
for the purpose of that it will split itself into smaller task forces
to cover specific items that need to be covered.
Mayor Ferre: I think by the facts, they speak for themselves.
Look at the amount of ladies are here today and look at the amount
of ladies that have been here everytime something has been discussed.
Certainly I think it shows interest. This is an important and somewhat
controversial item . I think we need some specialized guidance, help
interest, involvement in this very specialized field. That doesn't mean
we are going to get a committee on how to spend money for fire equipment
or rescue squad because one has nothing to do with the other.
This is a social problem that is affecting the community. There is
obvious deep serious concern. I think there is room, indeed need, for
this type of action. I am thrilled that citizens of Miami would give
of their own time and put forth effort to contribute to such an
important cause and I certainly think that we should not only recognize
them but encourage it and thank them, so that's the end of my speech.
Rev. Gibson: Please call the roll.
Thereupon the following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 73-541
A RESOLUTION OFFICIALLY RECOGNIZING THE VOLUNTEER
CITIZENS CHILD CARE COMMITTEE FORMED TO ASSIST
THE CITY IN ESTABLISHING CHILD DAY CARE CENTERS
AND APPOINTING MS. ?aNN C. WILSON AS CHAIRPERSON
OF SAID COMMITTEE
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
Upon being seconded by Mayor Ferre, the resolution was passed and
adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs.
Gordon and Mayor Ferre. Reverend Gibson voted NO.
In casting his NO vote, Reverend Gibson stated:
I vote NO because I believe the route is to go to the committee and I
can see right now, we are going to have all sorts of problems. I am
not opposed to day care, God knows if anybody ought to be on the side
of day care, I ought to be because we gave a 5-acre tractof land for
that purpose before you even had it in government and I just think
69
1
■s
that the procedure is wrong based on the complaint that you heard
earlier. I am not opposed to day care. I am opposed to procedure.
Mr. Jasper Andre: I represent citizens and homeowners of Grapeland
Heights Civic Association and I would like to get something clear.
I read in the newspaper that Mr. Reese had indicated that we were
going to have some sodium lights in the city and by the same token
I hear today that Mr. Dan Paul doesn't believe that the money should
come from federal revenue sharing funds for the lighting system.
If that is the case, I would like to know now because I have to
direct myself in a certain way to approach this matter whereby the
City has to recognize the direction of what I am going to ask.
In our neighborhood and I want to make it clear this has no bearing ,
on the day care. I am not knocking it and I think I am going to help
it. We have a pretty high rate of crime in Florida.
We also have in Miami area. We have a bad lighting system and it has
to be upgraded and according to what 1 hear today here that there is
a sort of a misunderstanding may be but the lighting system from
Florida Power and Light may not be available as we thought itwould be
and yet there is money from the fund sharing to do this.
Is this a true fact? Is it coming from the fund sharing?
Mr. Reese: My recommendation to the City Commission in order to bring
this improved lighting about within a reasonable length of time was
to use Revenue Sharing Funds because this again is in keeping with one
of the priority items.
Mr. Rothstein: What this gentleman is really asking you is, in effect
what is going to happen today if anything about the monies and the
revenue sharing fund and I think the answer is that this Commission
today does not have to act,really this is a public hearing to get
input from the public preparatory and planning wise to the budget
hearings which are coming up because its at the budget hearings that
there will be a determination of how the monies of the City will be
spent and included in the monies of the City is revenue sharing funds.
Mayor Ferre: That's correct but this Commission hopefully is going
to go on record on philosophy as to how these monies should be
allocated because if we so state, then that gives Mr. Reese and the
administration directive as to how these monies should be allocated
when it comes time for budget.
Mr. Andre: We have a very serious situation. We have like a mentioned
before and think you kr..ow about, the lighting system in Grapeland Heights
is very bad and I am not saying other parts of the city isn't.
Of course we have a library, we have a ball park which is active with
children night and day. We have a golf course and dog track and a
methadone clinic, a drug situation and an Orange Bowl which collects
people from all over and god knows Broward County, Palm Beach and the
metropolitan areas of Dade County. We need lighting systems and we
can't get any because there isn't enough funds in the revenue funds
sharing we will be out of luck, what happens then?
Mayor Ferre: Ok Jasper. thank you very much.
Now that concludes all the people that want to speak today. Now are
there any questions or comments from the City of Miami Commission?
Mr. Plummer: #1 Mr. Angleton, is he still here?
Would you come forward sir. Mr. Angleton in your presentation Sir,
you made mention that something was done illegal. I revert back
Sir, were you made aware of a memo dated May 9, 1973 and an answer by
Mr. Rothstein to an inquiry of Mr. Dan Paul in reference to the legality
of the spending of monies on city employees pay raises?
Are you aware of the memo Sir?
Mr. Angleton: I am only talking about retroactive pay raises.
Mr. Plummer: Well just so the record will be clear. I was very
concerned of anytime doing anything illegal and I would only like
to quote from this memo in which it says and this is the City Attorney
speaking" It is my opinion the salary adjustment plan for the City
of Miami Employees is lawful and does not violate the provisions"
I want the record to be clear Sir.
70
der
Mr. Angleton: Well I like the record -
Mr. Plummer: I will be glad to give you this copy for your perusal.
Mr. Angleton: I would like to be put on record as having said that
the pay raises that were retroactive is illegal.
Mr. Plummer: I think if you will read further in that, it does
clarify it sir.
Mr. Angleton: I have done a lot of research on it and I am only
talking through the research and my counselor and I intend on testing
this in court.
Mr. Plummer: All right, but it concerns me when you say its illegal
because I was very explicit to make sure that we didn't.
Mr. Angleton: I am sure that you wouldn't do anything illegal, knowing it.
Mr. Plummer: Rest assured.
Mr. Angleton: I didn't mean to, I know that Mr. Plummer. It's «c.L a
personality, I am only talking here as a private citizen and a concerned
citizen. I was told this was a public hearing and that's the reason why
I am here as a concerned citizen.
I don't like the rudeness and the way I was treated though. I don't
appreciate it.
Mr.Plummer: You had the right to speak and you were afforded the
opportunity.
Mr. Angleton: Okay, thank you.
Mr. Plummer: My next question. Mrs.Wilson since you seem to be the
spokeswoman, I will ask of you since Mrs. Gordon indicated that
somebody would have the expertise answer that I requested and I never
heard it. Are you or anyone else aware of what Metropolitan Dade
County is expending for day care centers? Has there been a price proposed?
How much of the monies they are allocating are going to be used for
purposes in the City of Miami?
Ms. Wilson: Sir, their budget hearing is Tuesday and they presently
have allocated $1,250,000. Most of it being spent in the poverty
areas. We are asking that the middle income areas which you saw a
big lack of any park programs in that big center area of Miami and
part of it is poverty area but a lot of it isn't. Its middle and lower
income area but, not poverty. We are asking for some support for those
people like the gal who makes under $6,000 a year.
Metro's plan is to put it mostly in poverty areas as of this point
but the budget hearing is not until Tuesday.
Mr. Plummer: To your knowledge, is there any other municipality that
are contributing monies for day care centers?
Ms. Wllson: Not that we know of. I think the City of Miami is the
only one so far that has earmarked any funds for that and I think
that is a very sad commentary on the other municipalities.
Mr. Plummer: In other words what you are telling me is you don't
have any figures available as to what amount of that million and a
quarter will be spent in the city limits of the City of Miami.
Ms. Wilson: Not until its actually approved. They are making a
survey at t is point and we can't give you anything definite until
Mrs. Spitallmick could speak, she is the chairman of the Dade County
Day Care Committee. She could tell you that right now -
Mr. Plummer: Do you understand the basis of my question?
Ms. Wilson: Yes I understand it, sure.
If you remember our resolution Mr. Plummer,'we asked that there be
cooperation of Dade COunty so there would he no overlapping of
services and this is what we expect to be done.
7'
JUL 12S7
•
Mayor Ferre: I would like to make a statement here as to how I feel
about this whole matter.
I hope and I intend to see that this Commission today goes on record
on the matter of philosophy as to what the allocation or percent*ges
or appropriate amount must be for these sums. Now that does mean
that this is a final determination as to where and how these monies
are going to be spent. We might reverse at budget hearings and I want
to make this very clear. This is just an intent as of now. I also
want to make this statement which I don't think you are going to like
about.Day Care Centers.
I do not think we should create another beauracracy to make and
service this function. I think that these monies should be expended
by Metropolitan Dade County and the organizations that are already in
existence for Day Care Centers whether they be servicing those specific
pa~ks or not and I certainly want no part of the City of Miami starting
ana competing with Metro or any other agency on something that already
exists. Now I don't mind that we may have perhaps an administrative
office with 1 or 2 people to make sure that the monies are being
properly spent and that they are not going outside of the City of Miami
and that type of thing but I certainly think we are not going to
duplicate anything that exists as far as a beauracracy is concerned.
That is just a personal opinion of mine.
Mrs. Gordon: I would like to offer your comments by way of a motion.
I would like to move that the City of Miami Commission go on record
as favoring, as a recommendation to the Revenue Sharing Committee
again, that we feel that at least $1,000,000 ought to be set aside
for Day Care Centers and if possible that this $1,000,000 be in addition
to the $400,000 previously mentioned. We feel that a network of Day
Care Centers in the City of Miami could serve as a guide for all of
the Dade County municipalities and Dade County itself because a million
two for Dade County is a token amount and $400,000 for the City of Miami
is a token amount. Really it should be a lot more so the motion was
to try to allocate at least a and if possible a million plus
the four hundred thousand.
Mayor Ferre: Now Mrs. Gordon, I have heard the statement about
tokenism and how the City of Miami is just giving token amounts but
ycu know, I don't see Miami Beach or Coral Gables or Hialeah or any
other city is giving even a token amount so I think the City of Miami
is always getting clobbered and blamed for things that they don't do
and when we do something, we don't get any recognition.
For example, Mr. Howard Dixon was here awhile ago and everybody was all
upset because we didn't come up with out $45,000 and the, moment we did,
there wasn't a word said about it. That happens every single time.
This City of Miami Commission has gone time and again on record over
the past years as being actively supporting, cooperating and interested
in all types of social and other programs in this community.
There is a motion of intent on the floor and is not a binding motion
to this Commission and its instructing the City Manager that at least .
1 million dollars of these revenue sharing funds go into -
Mrs. Gordon: It was a recommendation- since the revenue sharing
committee will be meeting again I know before our next Commission
Meeting and will be going back over these -
Mayor Ferre: Do you want to recommend this to Dan Paul's committee?
Mrs. GordoN: Well Dan, are you going to meet again?
(Mr. Pauls remarks again inaudible)
Mayor Ferre: She said a'minimum of a million and hopefully up to
$1,400,000.
Mrs. Gordon: Yes in other words, hopefully we can have a million four
but not less than one million.
Mayor Ferre: We have a motion on the floor.
Rev. Gibson: I will second the motion because its going by the route
of the revenue sharing committee. I want to maize my position clear.
72
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-542
A RESOLUTION RECOMMENDING TO THE MAYORS REVENUE
SHARING COMMITTEE THAT IT CONSIDER ALLOCATING THJ3
SUM OF ONE MILLION DOLLARS FOR DAY CARE CENTERS
IN THE CITY OF MIAMI, SAID SUM TO BE IN ADDITION
TO THE $400,000 PRESENTLY SUGGESTED FOR THIS PURPOSE
(Here follows body of resolution, omitted here and on
file in the City Clerks Offi )
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messr. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mayor Ferre: I will tell you my opinion on this pay play and on
this amount of money that is being allocated in your proposal,
3 million dollars.
I for one feel that it is extremely important that we maintain the
quality of services that the City of Miami has been rendering to the
highest degree possible. You cannot do that unless we have well paid
motivated employees. Now, I don't mind stating and I know Grace that
this is a touchy subject but I want to tell you that I think that it is
essential that we maintain adequate and appropriate pay.
As I go around talking to people in different parts of the City, they
all want their taxes lowered but they want those services improved.
They want more policemen. They want better services. They want better
parks. And everytime I ask these people. I say, Make up your Mind.
What do you want, better parks, better police or do you want lower
taxes because for 11 hour they talk about lowering taxes and for another
hour they talk about all the things they want. They want lights,
they want parks, they want better protection. .Now you know, you can't
have one without the other..
I think in my humble opinion that the essential thing is that we
properly motivate our employees and the only way you can do that is
by paying them going wages.
Mrs. Rockafellar: Mr. Mayor, you misunderstood me.
Mayor Ferre: No let me finish Grace. What Mr. Paul says I think makes
a lot of sense. but, I want to answer it this way.
What is the difference how you skin the cat? I think Mr. Reese could
come back and remove as Mr. Paul said, the 3 million dollars from the
wages and put it in some other form and just monkey around and its all
the same thing in the end. At least this way, we are openly, honestly
stating what we are doing. I think its important. I think the key
sentence was when Mr. Reese said that in his opinion answering Plummers
question that within a 3-4-5 year period, the increase in natural
growth of the City of Miami will easily absorb whatever increases
we are giving at this time.
Mrs. Rockafellar: You misunderstood me Mr. Mayor and this is a point
I want to make clear.
I did not object to the pay plan for our city officials because as I
said before when we were down there in the park. I feel that our city
officials should be paid and be paid a good salary. We thought as
taxpayers is that it should not come out of federal revenue because
you said yourself that the city was in a tremendous financial condition.
We believe that too because you are taking in more money now than
you ever did
JUL 121973
tor
Mayor Ferre: Grace, I have 2 pockets and I have ,honey in each one.
Now do you really care which pocket I take for my coffee.
Its all a technicality.
Mrs. Rockafellar: That's not the argument. We felt as taxpayers that
it should not be used since the City is in such good financial condition
and since Mr. Rothstein said that this was to alleviate the burden on the
property owners and it should not come out of revenue sharing.
Mayor Ferre: Its a subterfuge. I think this Commission could instruct
Mr. Reese not to put one cent, not one cent of revenue sharing into
the pay plan, not one cent and he would come back and I think he
could do it legally and completely with justification and bring
funded projects from the budget and pay them from revenue sharing
and put the pay increase in the budget and it comes out absolutely
the same and in my opinion that would be a subterfuge.
At least this way we are being open and honest about it.
Mrs. Rockafellar: I want to make this point clear that I for one,
and our Association are not objecting to any salary increases for
our city officials have. We are very proud of them and we think
they do a fine job and we think they are very deserving.
Mr. Plummer: Not city officials, city employees.
Mrs. Rockafellar: City employees, well I take in the.city officials too.
Mayor Ferre: Thank you Grace. Erny the public hearing is over.
Mr. Fannotto: Mr. Mayor, I'll show you how to reduce taxes. Cut out
these appraisals. You have used over a million dollars in appraisals
in this City last year and you didn't need them.
Mayor Ferre: A11 right anybody else?
THIS PUBLIC HEARING IS NOW CLOSED.
26, PERSONAL APPEARANCE - MR. DAN PAUL TO DISCUSS SERVING OF ALCOHOLIC
BEVERAGES I1_ THE ORANGE BMA& STADIUM PRESS BOX_
Mr.Vaul: Mr. Mayor, I understand this is next to your last meeting
before your recess in August and there is one item I am advsed by
the City Attorney that has not been settled and I refer to the question
of clarifying the ordinance in reference to the serving of alcoholic
beverages at the press box at the Orange Bowl.
The football season is about to begin and as far as the Miami
dolphins go, we are not asking you to amend it or change it out
please clarify it so we don't have any more embarassing circumstances,
do it whichever way you want it, its immaterial to us, but please tell
us. The City Attorney tells me it would require an amendment to the
ordinance whichcyou would have to adopt on first reading today.
Mayor Ferre: Mr. Reese?
Mr. Reese: Mr. Mayor and members of the Commission and Mr. Paul.
I have to disagree with the City Attorney because there is a very
simple and direct language in the ordinance that says you cannot
serve or consume alcoholic beverages in the Stadium. That Press Box
is not the stadium. It is an appendege. It is not attached to that
stadium in anyway whatsoever and I am very sure that administratively
it can.be determined that that is a function within the purview of
that press box and you don't need the ordinance changed for it.
Mayor Ferre: Well what's the difference, if it needs clarification?
Mr. Reese: Now Mr. Mayor, there is a good reason.
Mr. Rothstein: May I say this?
'7 JUL 121973
Some time back, I had advised the Manager;s office that it is a
factual administrative determination to be made. The Ordinance
says, served in the Orange Bowl. I could not make a determination if
the Press Box was an appendage or not. Only the Manager;s office could.
Apparently the Manager has advised you that administratively as far
as he is concerned,
Mr. Reese: It can be done.
Mr. Rothstein: It can be done and that is not part of the Orange Bowl.
That is his peroggative so you don't have to do anything further and
Mr. Paul doesn't.
Mr. Paul: The Ordinance says at or in the stadium and that to me
is certainly not clear. I am not trying to get you to go one way or
the other. I just want to know what the answer is. As a Lawyer., if
somebody asked me if the Press Box was at or in the Stadium, I would
say it was at or in the Stadium but -
Rev. Gibson: Mr. Mayor, I am not going to worry about the technicality.
What I am worried about is the embarassment that it causes this City
that didn't have to be and should not have been.
I am glad its now up for discussion. I hope that all of the parties
involved and even if it means posting a notice in that Press Box,
that nobody else will go up in that Press Box and embarass the visitors
of this City when they go to the Press Box. Its embarassing.
I didn't think we had to have that unfavorable publicity all over the
nation. People had to scrounge around and just duck out of that
Press Box to avoid being arrested and I just hope that it is posted
and that the Police Department be told that too, so that they know
that and put it in writing so if they go up there, they ought to
suffer the consequences.
Mr. Rothstein: Mr. Vice Mayor, the Manager has just done that.
So far as he is concerned administratively -
Mr. Paul: As I understand it, its psrmissable.
Mayor Ferre: As you understand it, it is allowable and permissahle.
Mr. Paul: All right fine, that is all I wanted to know.
Mr. Plummer: Mr. Mayor, before Mr. Paul leaves. Please
clarify one thing and I think Mrs. Virrick already left.
I surely hope Mr. Paul you don't construe my asking
as trying to embarass you or give you a rough time. The
we could ask questions during your presentation and that
did Sir. I hope you don't construe.
Mr. Paul: Not at all. I am delighted after sending 3 reports to
the Commission. I am delighted to at last get a response. I felt
like it was dropping a rose petal down the grand canyon and waiting
for an echo.
I am delighted to have a response from the Commission.
Mayor Ferre: I want you to know Mr. Paul that since Mr. Angleton
said we were very rude. We weren't trying to be rude. This is a
difficult subject and there are a lot of emotions and we are just
trying to move ahead quickly and unfortunately that is the only way
you can move meetings forward so, I hope nobody took offense.
Mr. Paul: I can take care of myself.
Thank you Mr. Mayor.
76
may I
you .questions
Maycr said
is what I
27, NEGOTIATE WITH SCHOOL BOARD FOR TEMPORARY PORTABLE BUILDING
Mr. Reese: Mr. Mayor, may I make a suggestion that you pass a
resolution that could be directed to the School Board pointing out
that you would like to have one of the temporary school buildings
that would be suitable and you are willing to pay $100 to get it.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-543
A RESOLUTION EXPRESSING THE POLICY OF THE COMMISSION
THAT THE CITY MANAGER NEGOTIATE WITH THE METROPOLITAN
DADE COUNTY BOARD OF PUBLIC INSTRUCTION FOR THE ACQUI-
SITION OF A PORTABLE STRUCTURE AT A COST NOT TO
EXCEED $100.00
(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
28, PROJECT #49-"76" CAP, IMP, PRG, EDISON PARK TEEN CENTER -DISCUSSION
Mayor Ferre: In the interest of saving Mrs. Eisenberg another trip
I hope you will bear with me and Mrs. Eisenberg please make it very
quick on item 42. Did these bids come in? Who is the low bidder?
Mr. Reese: The same bidder that bid, before and he came in at a
higher bid than he ::previously did but we also got 3 , a total of 4
bidders. He is high by $4,000 higher than he was last time but he
is still the lowest bidder. This is the first time in the City of
Miami's History that we went out on bids that it ever came back at
a higher bid when we got more bidders. if it had been a single bid.
Mrs. Eisenberg: This is how we are running in Edison Center.
Mr. Reese: Mr. Mayor, its all right to squeak the wheel of Edison
Center but we are spending more on this center than we have oR any
other center we have built and in being fair -
Mayor Ferre: Nobody is criticizing the administration.
Mr. Reese: In fairness for the record, it has to be pointed out.
Part of this is due to design and requirements of material. I am
going to recommend to the Commission that we reduce some of these
items, they are alternates.
Mayor Ferre: How much?
Mr. Reese: Well I am not in that position right now.
Mayor Ferre: Do you want a resolution of some sort?
Mr. Reese: Before the day is over, I could come back with that figure
of where we could cut it down without hurting the overall project.
Mayor Ferre: Mrs. Eisenberg, our apoligies. We can't move this item.
76
Mrs. Eisenberg: The architect is here. Would you like to ask him
questions?
Mayor Ferre: No because I will tell you. We are now 1 hour and 23
minutes behind and there are people that have been waiting all after
noon to be heard on this and your item comes up later on.
I thought we could do it quickly. We can't. The Manager is going to
recommend some cuts.
Mrs. Eisenberg: What time?
Mayor Ferre: Come back after dinner. We will be here a long time.
We are just half way through.
We will be here beyond 8.
7i
29, PUBLIC HEARING - PROPOSED RESTRUCTURING OF THE CITY OF MIAMI'S
PLANNING AND ZONING STRUCTURE:
The Mayor announced that the Commission was ready to proceed
with an advertised public hearing concerning the proposed restruc-
turing of the City of Miami's Planning and Zoning Procedures.
The Commission continued with its workshop session on this
matter, which was continued earlier during the meeting. The Mayor
announced, however, that, since this was an advertised public hearing
he would recognize persons who wished to speak on any of the items
being discussed.
With respect to the matter of posting signs on the properties
proposed to be rezoned or changed in their use and the mailing of
notices to everyone within a specified radius of the properties in
question, the Commission engaged in considerable discussion with Dr.
Bartley and the Assistant City Manager in order to familiarize them-
selves with the subject.
Mrs. Julius Alexander appeared and suggested that the Commis-
sion establish some formula for the degree and amount of notification
based upon the importance of the item under consideration.
Mr. Harris Turner, Assistant City Manager, stated that the
matter of notification needed to be uniform, and could not be varied
upon an arbitrary decision of some person or board as to its importance.
Marilyn Reed appeared and stated she was from Coconut Grove,
and urged the Commission to publish its legal notices in the newspaper
of largest circulation in the City of Miami, and also a display ad in
one of the community newspapers in the area where the property might
be located.
After further general discussion it was agreed that the notice
of public hearings on zoning and planning matters would be published
in the Miami Herald, The Miami Review and one of the community news-
papers; that notices be sent by regular mail to all property owners
within a 375-foot radius, and that a sign of adequate size be posted
on the property in question.
The Commission next took up the question of whether or not the
Planning Board office should be made a department under the direction
and control of the City Manager.
Mr. Mike Martinez, Chairman of the City of Miami's Planning
and Zoning Board, appeared and expressed opposition to the creation
of a separate department on the ground that such a procedure would
be, in effect, asking the Executive Secretary of the Planning Board to
"serve two masters".
Mr. Gerald Silverman, representing the Planning and Zoning
Board, appeared and stated that the existing procedure had proved
to be very satisfactory, and that the Board would prefer to continue
it.
The City Manager expressed the opinion that if this office
were established as a separate department of the City it should be
done through an amendment to Chapter 2 of the City Code rather than
under a zoning ordinance amendment.
7-12- 73
7b
Mrs. Julius Alexander appeared and urged the Commission to
consider this matter after it had decided upon the question of the
two boards, and the adoption of the proposed changes as a whole.
Mrs. Gordon offered a motion to create a separate department
under the City Manager for the existing Planning Board office.
There was no second to the motion.
The City Manager expressed the decided opinion that the
office of the Hearing Administrator provided in the proposed draft
should not be a political appointment, but rather should be an ad-
ministrative one. He expressed the opinion that if the Commission
did not desire to create a department for this office the name be
changed and that instead of referring to the head of said agency as
a hearing administrator the name should be changed to be a secretariat.
Marie Anderson appeared and suggested that the Commission
adopt the recommendations as contained in the proposed draft with
respect to this matter.
After further general discussion Mrs. Gordon moved that the
recommendation of the consultant in this matter be accepted, and that
the title of the position be changed to that of Hearing Coordinator
instead of Hearing Administrator.
There was no second to the motion.
On motion of Mr. Plummer, seconded by Reverend Gibson, it
was agreed to defer this matter until the next regular meeting in
order to afford additional time to study it.
The Commission recessed briefly, and reconvened with all
members present at 5:35 o'clock P.M.
Mr. Lester Pancoast, Architect, appeared and expressed his
endorsement of this entire proposal in a general sense. He stated
he was speaking as a private citizen.
Mr.. George Simon appea::ed and stated that he was speaking as
a private citizen, although he represented a group of realtors, who
felt as he did; that the present Executive Secretary of the Llanning
Board should be under the direction and control of the City Panager.
He stated his group felt that a single three-year term on
these boards was sufficient, and that they be paid no salary.
After further discussion, on motion of Mrs. Gordon, seconded
by Mr. Plummer, it was unanimously agreed to change the language
in Section 15 on page 12 of the second document of the proposed draft
to provide a 90-day time limit instead of the 60 days as presently
written.
Mr. Erny Fannatto appeared and stated that he was President
of the Taxpayers' League of Dade County, and urged the Commission
to accept the concept of the two boards because of the increased
work load and the growth in the City of Miami.
7-12-73
7,
Mayor Ferre read a letter from Mrs. Grace Rockafeller, in
behalf of the Northeast Taxpayers' Association and the Northeast
improvement Association, stating that it was their feeling that the
persons serving on those two boards should live in the City of Miami;
that the boards should not be composed of professionals; that they
were not in agreement with appointing a committee to make recommenda-
tions for appointments to these boards; that recommendations should
be obtained from the various civic associations throughout the City;
and other than that the two taxpayers' associations were in full
agreement with the proposed changes.
After brief discussion the hearing was continued until the
meeting to be held on July 26, 1973.
Dr. Bartley stated it would not be possible to have the
proposed ordinance in final form for adoption on its first reading
on July 26th, as previously planned, but that he felt it could be
made available by September first.
30,
DOWNTOWN ZONING STUDY - PRELIMINARY REVIEW:
The Commission next took up for consideration a preliminary
review of the Downtown Zoning Study being conducted by the firm of
Wallace , McHarg, Roberts and Todd.
George Acton, Director of the Planning Department, introduced
various consultants and officials who were present in the audience
and concerned with this matter.
Mr. David Wallace, of the firm of Wallace, McHarg, Roberts
and Todd, appeared and outlined in some detail, using maps and
charts, the proposed plan, as developed to the present point in
time. He stated that the final report would be ready in the near
future.
Mr. Francisco Narona, of Beiswinger & Hoch and Associates,
presented photographic slides and a tape recorded narrative of
the proposed development with respect to traffic and transit facil-
ities for the central business district.
Mr. Jack Smith, of the firm of Haines, Lundberg and Waehler,
appeared and outlined in some detail the zoning plan for this develop-
ment.
Mr. Acton emphasized that the charts and presentations made
at this time did not represent the final working documents, but only
preliminary drafts.
After considerable further discussion, on motion of Mr. Plummer,
it was agreed to schedule this matter for presentation in its final
form at the meeting of September 27, 1973.
RECESS: The meeting was recessed briefly.
The Commission reconvened at 8:10 o'clock P.M. with all
members present.
80
7-12-73
31. PLAZA VENETIA - STATUS REPORT:
Mr. Tibor Hollo, representing Florida East Coast Properties,
Inc., appeared and presented a status report on the Plaza Venetia
Development proposed for the downtown area. He outlined the his-
tory of this project, pointing out that up to this time the
architect for this project had produced approximately one thousand
drawings, and that it was expected that an additional one thousand
drawings wou:.d be needed before the actual construction could get
under way.
Mr. Joseph Amisano, Architect, appeared and outlined in somo
detail the plans for this project, using slide projectors to illus-
trate his presentation.
In response to a question by Mr. Plummer, Mr. Hollo stated
that it was expected that construction would begin on the commercial
portion of this project shortly after the first of next year, and
that the construction of the residential portion of the project
would begin approximately one year later, and that it was expected
that the entire project would be completed in approximately thirty-
six months. He stated further, in response to a question by
the Mayor, that the entire land area comprised approximately
seven hundred thousand square feet, and that the project would
consist of approximately four million square feet. He emphasized
that approximately fifty per cent of this square footage would be
in off-street.parking. He stated further, in response to a question
by the City Manager, that Florida East Coast Properties, Inc. would
construct the residential portion of this development, and the
International City Corporation of Atlanta would construct the
commercial portion. He stated further, in response to a question
by the Mayor, that the financing for the commercial venture was
going forward satisfactorily, but that it was too early at this
time to begin the arrangements for the residential financing.
40
32. APPOINT SELMA ALEXANDER TO BEAUT IF ICATION CO IMITTEE
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-544
A RESOLUTION APPOINTING MRS. JULIUS ALEXANDER AS A
MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE
(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
33. FUTURE USES OF CITY OWNED PROPERTY AT 46 WEST FLAGLER STREET
Mr. G. Acton:
Dir.Planning Dept.: Both the Planning Department and the Downtown
Development Authority have sent the Commission separate reports on
the proposed location of a Mini -Park at 46 West Flagler.
Our report was fairly comprehensive and dealt with statistics and
propose potential development of a mini -park in that location.
I am going to extract some important statistics from the report such
as the present employment estimates for the downtown park area
places a week day employment total of 33,000 or approximately 13,000
or 40% total CBD employment within a block and a half radius of the
site.
1975 employment projections forecast an additional 750 employees to be
added to a 6 block area surrounding subject property.
Mayor Ferre: In other words, its going to be well used.
Mr. Acton: That's right, its right in the center of the employee, heavy
employee location.
We have recommended in the back of the report, a potential development
of the park site, a development which would be in keeping with the heavy
surrounding employment characteristics and very fervent in nature.
We feltithat the park could be best utilized by introducing such
facilities as tables or light snacks, benches for people to sit down
and enjoy themselves, rest from shopping;towards the rear of the park,
we have suggested an interesting display of water with fountains with
colored lights for use at night plus also the potential does exist
to work with the surrounding development to achieve useful ground level
activities in future development and also perhaps for opening up the
parki-ng structure located to the rear of the site for some type of
ventillation for the park.
Basically this summarizes our analysis and recommendation.
Mayor Ferre: What's the next step Mr. Acton?
Mr. Acton: I think you should hear Mr. Williams before we answer that
question.
Mr. Lucius Williams, Director
Downtown Development Authority: Mr. Mayor and Commissioners. The
Development Authority has similarly considered this proposal and without
reciting the details of their consideration, it was their finding that
they recommend that the absolute highest priority for this piece of
property is its use as a MINI -PARK and they recommend strongly that
the City Commission favorably consider the early use of the property
for those purposes.
8w
JUL 121973
a
This is in recognition that we long ago established as an objective
the creation of mini -parks downtown, all on small sites, such as this
might be.
The City of Miami and ;this Commission has acknowledged that premise
in the Parks for People Bond Issue when you provided the total sum
of $200,000 for the creation of mini -parks in downtown Miami.
The utilization of these resources and the opportunity to begin the
mini -park system at this urgent location is one that we recommend
very highly and we think this is a good opportunity to start it.
Mayor Ferre: Mr. Williams and Mr. Acton, just for personal observation.
You have a long very narrow piece of property here and I don't think
it ought to have any hidden corners from a safety factor point of view.
You have restrooms and then behind there, you have a corner in there and
I think you ought to be very careful in the design that we have.
That back part might be just water or a pool or something.
I don't think this is a place for public restrooms. I think it ought
to be just as open and green with fountains where you can see every
corner of that piece of property from the street.
Mr. Acton: I agree Mr. Mayor, the plan you are looking at was just
sort of a planning analysis site plan and not really not meant to be -
Mayor Ferre: Its very nice and this would be fine for 1920 or 1930
but 1973,-
Mrs. Gordon: Mr. Mayor, I want to say that I have long favored the
acquisition of small site areas in downtown and unless you want further
discussion, I am ready to move.
Mr. Plummer: Under discussion. Now Mr. Williams, Its nice to say you
are in favor of this. How much of the tab are you going to pick up
for this Sir?
Mr. Williams: Mr. Commissioner. The Bond Issue provides $200,000
for downtown mini -parks and I have always looked at the Development
Authority funds to be supplemental, not to initiate. You can be sure
that I will recommend the utilization of downtown development authority
funds for the creation of mini -parks but I think it might be appropriate
for you to start this first park with existing funds.
If this would require negotiations, we are open to that.
Mr. Plummer: Mr. Reese, what is the existing mortgage on this property?
Mr. Reese: I can't answer that but first of all, your first step is
you better hire somebody to do an appraisal on this and see what the
value of this property is and when you do this, see how we are going
to liqu&.date the debt that still applies to this property.
Mayor Ferre: What are we going to get out of the appraisal nnw?
Mr. Reese: Well I think in all fairness to the City of Miami, it
should be appraised to determine the value of the property.
Mayor Ferre: So we determine that its worth half a million dollars.
Then what happens?
Mr. Reese: Then you proceed to pay off the debt of the balance due to
the pension fund and then you own title to it and the next thing, you
will have to get a rented space to move the employees into that are
now occupying the space.
Mayor Ferre: But what does the appraisal do for us in paying the
mortgage on it?
Mr. Reese: I would think it would be something you would want in
the record that this was the appraised value of it and you are turning
it into a park because after all, this is something that was paid out
of operating funds by the City of Miami over the years.
Mayor Ferre: Okay, we'll get an appraisal just to have it on the record.
is that it? Theres no other use for the appraisal?
Mr. Reese: That's right, no other use.
83 JUL 121973
a
a
Mr. Plummer: Mr. Reese, are we roughly tacking about paying off a
$100,000 Mortgage? $70,000?, $60,000 all right. Now Mr. Acton, have
you come up Sir with any kind of a figure representing what demolition
would be and what the improvements would be?
Mr. Acton: We requested the Public Works Department to give us an
indication of demolition and they indicated an amount from
10 to 15 thousand dollars.
Mayor Ferre: That sounds reasonable.
Mr. Plummer: What about the improvements?
Mr. Acton: We haven't done Mr. Plummer -
Mr. Plummer: So conceivably we are talking about $100,000 project?
Mr. Acton: I would think so, at least.
Mayor Ferre: More than that.
Mr. Plummer: You did though indicate' that in no way, shape or form
that this is the plan that would be used? I think it is a little
inconceivable that we are talking about here a food service center
here of 80'.
Let me bring up my only other concern Mr. Mayor and I think it is
something you are aware as I am.
After the sun goes down, its going to turn into wino alley. I am
very concerned about that that it could be a problem area for
undesirable people to gather after the sun goes down.
I am going to say this, if this does become a reality, I would definitely
want a built in feature into this, that when the sun goes down, that
it is locked and would remain locked because I'll tell you these dark
alleys and corners and with trees in there, I just think we could be
conceiving a very •bad thing in the evening.
That's my only concern.
Mr. Williams: George, I think that could be designed in, couldn't it?
and be esthetic?
Mr. Acton: We were convinced that it would have to be well lit at
night.
Mr. Reese: Mr. Mayor, wouldn't it be appropriate to decide if you
want to make a park out of this or not before you lock it up?
Mrs. Gordon: I agree. I move we make a park out of it.
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-545
A RESOLUTION DECLARING THE INTENTION OF THE
COMMISSION THAT THE PROPERTY KNOWN AS 46 WEST
FLAGLER STREET BE DEVELOPED AS A MINI -PARK
(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.
JUL 121973
a
Mayor Ferre: Now I think we need a resolution requesting the Manager
to come back with the various departments with some kind of a proposal
and also request the Downtown Development Authority to cooperate and
see if within the DDA budget, you might scratch up 25000 or 50,000.
Mrs. Gordon: Suggesting they do the improvements Mr. Mayor.
Mayor Ferre: No to help. I think title to the land has to remain with
the City of Miami.
Mrs. Gordon: We provide the land, they do the improvements.
Mayor Ferre: I don't think they would have the money Rose.
Mr. Williams: Without undue elaboration, if we initiate the program,
we may be able to come up with something unforseen.
We have saved buildings in downtown Miami without a reserve program
before.
Mr. Reese: I would like to get the authority to proceed on the appraisal,
and to use bond money for this appraisal.
It will cost us somewhere between $750 to $1,000.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-546
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PROCEED TO OBTAIN AN APPRAISAL FOR PROPERTY KNOWN AS
46 WEST FLAGLER STREET, THE COST OF WHICH SHALL NOT
EXCEED $1,000 AND FUNDS FOR PAYMENT OF WHICH SHALL BE
TAKEN FROM "PARKS FOR PEOPLE BOND ISSUE"
(Here follows body of resolution, omitted here and on file in
the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mr. Williams: There is another aspect to this. The entire ;natter was
brought to this .Commission in view of the offer of an adjacenc owner
to demolish the structure in return for the use of the property.
Mayor Ferre: For how long?
Mr. Williams: During his construction period.
Mr. Reese: Mr. Mayor, may I recommend that this become a.negotiable
item after you get the appraisal and make the decision, without going
on record to accept his offer at this point.
Mayor Ferre: When are you starting to build your building?
Unidentified Man: We are already in construction.
Mr. Reese: The offer was made by an attorney here that it would cost
about $14,500 to demolish this building and if the City Commission
would give them the right to use that for a construction site, they
would proceed to demolish it but I think its something that is subject
to negotiation because in this building, we have people working there
and have to locate somewhere so all of these facts have to be taken
into consideration.
85 JUL 121973
Mayor Ferre: Mr. Reese, let me express my opinion. I think that we
ought to negotiate something but I think the negotiations should be
in your hands and lets leave it at that.
Does anybody disagree with that basic premise?
Lets move on.
34, ACCEPT PLAT - LEVERA SUBDIVISION
The following resolution was introduced by Mr. Plummer whp
moved its adoption:
RESOLUTION NO. 73-547
A RESOLUTION ACCEPTING THE PLAT ENTITLED LEVERA, A
SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING A COVENANT RO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF ASPHALTIC CONCRETE
PAVEMENT, CURB AND GUTTER AND ONE STORM DRAINAGE
STRUCTURE; 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, ACCEPT PLAT - W. T. SUBDIVISION
THE FOLLOWING resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-548
A RESOLUTION ACCEPTING THE PLAT ENTITLED W. T. SUB-
DIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on file
in the City Clerks Office)
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
8
a
36, AMEND AGREEMENT KLEBBA.BAY ESTATES
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-549
A RESOLUTION AMENDING THE SUBDIVISION IMPROVEMENT
AGREEMENT KLEBBA BAY ESTATES BY WAIVING THE REQ-
UIREMENT FOR SIDEWALK CONSTRUCTION AS SET FORTH
IN SAID AGREEMENT; ACCEPTING A COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION
OF SIDEWALK AT SAID KLEBBA BAY ESTATES; WAIVING THE
PROVISIONS OF ORDINANCE NO. 7990; ALL SUBJECT TO
THE GRANTING OF A VARIANCE BY THE METROPOLITAN DADE
COUNTY PLANNING DEPARTMENT
(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
37, ACCEPT HIGHWAY RIGHT OF WAY DEED- CONTROL- DEVELOPMENT INC.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-550
A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED
EXECUTED BY CONTROL DEVELOPMENT INC., CONVEYING FOR
HIGHWAY WIDENING THE WEST TWO (2) FEET, AND THE EAST
TEN (10) FEET, ALL IN LOT 19, AS RECORDED IN VIRGINIA
PARK, PLAT BOOK 10, PAGE 43, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; 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,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
87 JUL 121973
a
38, FEDERAL GRANT APPLICATION - ORGANIZED CRIME 1IGHTING TEAM PROJECT
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-551
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF
JUSTICE, LAW ENFORCEMENT ADMINISTRATION, TO CONTINUE
FOR THE FOURTH YEAR A PROJECT ENTITLED "ORGANIZED
CRIME FIGHTING TEAM PROJECT", AND FURTHER AUTHORIZING
THE CITY TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND
AGREEMENTS 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 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
39, PROVIDE PUBLIC HtARLN DATE FOR OFF-STREET PARKING BUDGET
The following resolution was introduced by Mr. Reboso who
moved its adoption:
RESOLUTION NO. 73-552
A RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE
PROPOSED BUDGET OF THE DEPARTMENT OF OFF-STREET
PARKING OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 1973 AND ENDING SEPTEMBER
30, 1974
(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
88
JUL 121973
40. EXTEND
DISTS1,7&9
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION NO. 73-553
A RESOLUTION EXTENDING THE TERMS OF OFFICE OF THE PLAN-
NING BOARD MEMBERS FROM DISTRICTS 1, 7 & 9 UNTIL SUCH
TIME. AS THE MATTER OF RESTRUCTURING THE CITY OF MIAMI
PLANNING AND ZONING PROCEDURES HAS BEEN RESOLVED AND
THE NEW MEMBERS OF THE BOARD OR BOARDS PROVIDED FOR
THEREBY ARE SELECTED
(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
41. EASEMENT - FIRST STATE BANK OF MIAMI
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-554
A RESOLUTION CONVEYING A PERMANENT EASEMENT TO
THE FIRST STATE BANK OF MIAMI COVERING THE
NORTH TWO AND ONE HALF (211) FEET OF LOTS 1 AND
2, IN BLOCK 8, OF LITTLE RIVER GARDENS, PB 6/8
SAID EASEMENT FOR STORM SEWER AND DRAINAGE
PURPOSES
(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
8b JUL 121973
42, ACCEPT BID - CASTABLE REFRACTORIES
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-555
A RESOLUTION ACCEPTING THE BID RECEIVED MAY 25, 1973
FOR FURNISHING CASTABLE REFRACTORIES FOR USE BY THE
SANITATION DEPARTMENT FROM DEMOTT'S BOILER AND BURNER
SERVICE, INC., OF MIAMI, FLORIDA. AT A TOTAL COST OF
$5,584.00: AND AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE
PURCHASE ORDER 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
43, ACCEPT BID - AIR VACUUM SWEEPER
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-556
A RESOLUTION ACCEPTING THE• -BID OF CLARKE FLOOR
MACHINE COMPANY RECEIVED JUNE 18, 1973 FOR FUR-
NISHING ONE SELF-PROPELLED AIR VACUUM SWEEPER
FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION
AT A TOTAL COST OF $4,565.25, AND AUTHORIZING THE
CITY MANAGER TO CAUSE A PURCHASE ORDER TO BE
ISSUED FOR SAME; ALLOCATING $4,565.25 FROM PARK
AND RECREATIONAL FACILITIES BOND FUND TO COVER
THE COST THEREOF
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None
44,
4
G i CITY OWNED PARKING LOTS
The following resolution was introduced '5y Mr. Plummer,
who moved its adoption:
RESOLUTION NO. 73-557
A RESOLUTION ALLOCATING $20,914 TO COVER THE COST
OF INSTALLING MATERIALS FOR THE PROJECT ENTITLED
"CITY OWNED PARKING LOTS - LIGHTING 1973"; AUTHOR-
IZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS
FOR CERTAIN WORK; AND AUTHORIZING CITY FORCES Td
PERFORM THE BALANCE OF THE WORK
(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
45,
D - EDISON PARK TEEN CENTER - 1973
Mr. Reese: I passed out a resolution for the awarding of the bid.
Mrs. Gordon: I'll move it.
Mayor Ferre: Now what areas are you cutting out?
Mr. Reese: Approximately $20,000 that were items that previously
were recognized for possible deletion.
In no manner reduces the size of the building or the architectural
design or its shape.
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-558
A RESOLUTION AWARDING THE BID RECEIVED JULY 11, 1973
OF CARL J. HOENES, INC., IN THE ESTIMATED AMOUNT OF
$226,534 FOR THE EDISON PARK TEEN CENTER - 1973 (3RD
BIDDING): allocating THE ADDITIONAL AMOUNT OF $272,734
FROM THE "PUBLIC PARKS AND RECREATIONAL BOND FUND";
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
THEREFOR AND TO ISSUE PURCHASE ORDER FOR THE NECESSARY
FURNISHINGS
(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
9i
46, COCONUT GROVE INTERIM ZONJRG DISTRICT- DISCUSSION OF PROPERTY ON
$AYSHORE DRIVE FOR HIG}i RISE DEVELOPMENT
Mrs. Gordon: I have a discussion that I think is very timely and
very important for us to discuss and that is the property on Bayshore
Drive that was the Ryder property or is. I ,inderstand that the
Planning Board considered a replat of the property and I believe that
they approved it on that level. My question is:
As I understand it, if it was not re -platted or the re -plat was not
granted, that the property could not be developed in as great an
intensity as is being planned. Is that true or not?
Mr. David Simpson:
Exec.Secty.Plan.Bd: The re -platting has no bearing whatsoever on the
intensity.
Mrs. Gordon: Are you sure?
Mr. Simpson: Yes Mam. The reason they had to re -plat. There was a
small portion, I think it was the old school site or one portion of
their entire ownership was an unplatted parcel and then they negotiated
with Burton Goldberg on a swap property.' If you recall, I think he
has a 12 or a 15' driveway right through the old school property and
the Alliance property out to Grand Avenue. They swapped that property
with a like square footage adjacent to his Sailboat development.
This was a division of property that required re -platting also.
They submitted a tentative plat for their entire ownership as of this
time, there was no street closures involved and it was approved by the
Plat and Street committee of. the City and the County.
I had many calls from people in the Grove on this indicating that they
were informed that there would be a public hearing in reference to the
plat
I had to tell them that the only time a public hearing is involved in
the re -platting of property, is when you vacate publically dedicated
right-of-way, that this plat will appear on the City Commission agenda
when the final tracing has been perfected and ready for
recording, just as the plats you approved tonight.
Mrs. Gordon: Then it would make no difference to what would be
permitted to them but this is the question now. Its an Interim Zoning
District. Don't they have to submit plans for approval ?
Under the interim zoning?
Mr. Simpson: I am sorry Mr. Ferencik is not here because it is my
understanding that plans were submitted prior to the effective date
of the Interim Zoning District.
Mrs. Gordon: You mean they already have a permit?
Mr. Simpson: Yes Mam.
Mr. Plummer: Well that's kind of obvious. They are doing a lot of
work down there.
Mrs. Gordon: Well how can they proceed with that building if they
didn't get it platted?
Mr. Simpson: Under the provisions of the ordinance, once the tentative
plat is processed through the Plat and Street Committee of the City and
the County and has the Board resolution, the Building Department can
issue a building permit.
Mrs. Gordon: Has a building permit been issued since the plat was
approved?
Mr. Simpson: I can't answer that.
Mrs. Gordon: The point I am trying to make -
Mr. Simpson: There was a portion of a building permit and I wish
Mr. Ferencik was here but I understand that the portion for excavation
and foundation was processed prior to the Interim Zoning on the
Alliance Machine Company tract.
Mrs. Gordon: But not for the entire thing?
Mr. Simpson: I don't think so.
Mrs. Gordon: Then the point is this. I believe that they ought to have
to come in under the Interim Zoning because it is in that district and
the people in the Grove are entitled at least to know that we are having
some control over that development and we ought not to permit another
permit to be issued until that is handled in that manner and I think
that we have control over the whole situation because of the platting.
How do we handle it? How do we legally go about it? Mr. Rothstein -
Mr. Simpson: I can only tell you. I asked the question about the
permit and I was informed by the Building Department that there were
active permits on the property prior to the effective date of the
Interim Zoning Regulations.
Mrs. Gordon: They didn't have a plat.
Mr. Simpson: It possibly could be on the platted portion. Now the
old basic Alliance Machine Company tract was a platted parcel.
Mr. Plummer: Dave, if they had never acquired this additional property
after the building permits were issued.
Let me rephrase that. If they had not acquired this property at all,
they were entitled as I recall reading in the Post, that they were
entitled to a building permit because they did not ask for any waivers
or any variances or anything, correct?
Mr. Simpson: That is correct.
Mr. Plummer: So if in fact all they have done is acquired more property
some of which will --
Why, Mrs. Gordon would it change the concept? If they never acquired the
property at all --
Mrs. Gordon: You can't get a building permit on an unplatted •piece of
ground, as I understand it.
Mr. Plummer: No, he said that the ALliance building on which they are
building was a platted piece of property.
i,Irs. Gordon: Yes but as I understand it, the part they have acquired will
become a part of the development scheme and do you see what I mean?
If they were just acquiring it period and they weren't going to use it
that's another story.
Mr. Plummer: Now I don't understand.
Mr. Acton: Well I think Commissioner Plummer what Commissioner Gordon
is saying is that if in fact the developer acquired that extra parcel
of land by trading off after the effective date of the Interim Zoning
District, then it should have a bearing on the development of that
project.
Mr. Plummer: Why?
Mr. Acton: Because he is modifying his building plans after the
effective date --
Mr. Plummer: We are not talking about modifying building plans.
.What I am saying is that the man obviously had his I.ermits in hand
before he acquired the new piece of property. If he had his permit
then and was entitled to build, why by virtue of acquiring more
property would he not be able to build? That's my question.
Mrs. Gordon: Because a piece of the original property he had, he
traded off for a new piece and therefore its a new proposition.
It's a new piece: of land. It has a new shape and a new size and
therefore it needs to have a review of the building plan.
I don't believe that permit is valid in fact.
Mr. Reese: Mrs. Gordon, may I please be allowed to get into this
tomorrow from one end to the other to determine -
Mrs. Gordon: Yes, as long as whatever we have said here tonight
will prohibit any issuance of any new permits until this can be
totally resolved.
Mr. Reese: On this particular site?
Mrs. Gordon: Yes Sir.
47, ORANGE BOWL IMPROVEMENT PROGRAM
Mr. Reese: On the Ornage Bowl IMprovement Program, the City Commission
instructed me at the last meeting to endeavor to get some engineering
firms interested that would come in and validate our appraisals.
We contacted 2 firms. One wanted $4,000 for just estimating the old part
and another wanted $9,000 for the new construction work so then we went
and interviewed some more and ended up with one that was willing to do
it for $4,900 for the old and new work so it is my recommendation that
we endeavor to work out an arrangement with them and see if we can't
get the validation of the estimates.
Mayor Ferre: The other people came it at 9,000.
Mr. Reese: 9,000 plus 4,000
Mayor Ferre: And these people came in at 4,900 for both?
Mr. Reese: Yes and another came in at $5,000 so 4900 is the lowest.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-559
A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER
OFFICIALS OF THE CITY OF MIAMI TO ENTER INTO AN
AGREEMENT WITH CCNNELL ASSOCIATES TO RENDER PRO-
FESSIONAL SERVICES IN CONNECTION WITH THE REFINING
OF THE PRELIMINARY ESTIMATES DEVELOPED FOR THE PRO
posed 1973 ORANGE BOWL STADIUM IMPROVEMENT PROGRAM
IN AN AMOUNT NOT TO EXCEED $4,900.00
(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
8,1 JUL 121973
48, AUIHORIZE FUNDS TO IMPLEMENT RESOLUTION NO.. 73-559
The following resolution was introduced by Reverend Gibson who
moved its adoption:
•
RESOLUTION NO. 73-560
A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER
OFFICIALS OF THE CITY OF MIAMI TO UTILIZE FUNDS FROM
THE UNALLOCATED CAPITAL IMPROVEMENT FUNDS OF THE CITY
OF MIAMI FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS
OF RESOLUTION NO. 73-559 PASSED AND ADOPTED THIS DATE
(Here follows body of resolution, om!rtted 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: Messrs. Plummer, Reboso,
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
49, ACCEPT BID - 5000 POUNDS OF GRASS
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-561
A RESOLUTION AMENDING RESOLUTION NO..73-456 WHICH
ACCEPTED THE BID OF CHAN W. BAKER FOR FURNISHING
5,000 FOUNTS OF LAWN GRASS SEED MIXTURE FOR THE
DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST
OF $2,730.00 BY INCLUDING A SECTION THHEREIN ALLOCATING
$2,730.00 FROM THE PARKS AND RECREATIONAL FACILITIES
BOND FUND TO COVER THE COST OF SAID MATERIAL
(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
93 JUL 121973
4
4
50, DEMOLISH STRUCTURE - 3812.R. V. 17TH AVENUE
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-562
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PROCEED WITH THE DEMOLITION OF THE TWO-STORY CBS
STRUCTURE LOCATED AT 3812 N. W. 17TH AVENUE IN ACCORDANCE
WITH THE JUNE 28, 1973 REQUEST OF J. H. MATTESON, SUPER-
VISOR, SITE PLANNING FOR DADE COUNTY PUBLIC SCHOOLS
ATTACHED AND MADE A PART HEREOF AND FURTHER AUTHORIZING
AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH BEN HURWITZ, INCORPORATED, IN AN AMOUNT NOT TO
EXCEED $2,800 TO ACCOMPLISH SAID DEMOLITION
(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
51, PURCHASE TRANSMITTER CRYSTALS
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NC. 73-563
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ISSUE A PURCHASE ORDER TO THE MOTOROLA CORPORATION
FOR 25 RECEIVER TRANSMITTER CRYSTALS AT A COST NOT TO
EXCEED $1,100; THIS IS NOT AN EMERGENCY PURCHASE
(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
96 JUL 121973
52, MISCELLANEOUS DISCUSSION ITEMS
The following items were briefly discussed by the Mayor and
Members of the Commission:
(a) Status of Obscenity Ordinances
(b) Lethal Yellowing of Palm Trees
(c) Amendment to Agreement Restaurant Associates was filed with the
Commission by the City Attorney for their information.
(d) Plans for development of parks in the City and information
supplied to Grapeland Heights Civic Association
(e) Metropolitan Insurance Company - length of time required to
process claims
(f) Lester Pancoast re: Design of new police facility
ADJOURNMENT: The being no bun..then, bu4ine4.4 to come be5onc the
City Comm.i,44Lon, the meeting was adjoun.ncd at:
ATTEST: H. D. SOUTHERN
City C,f ekh
RALPH G. ONGIE
A44is-tan•t City C.Zenh
9 : 40 O' CZock P.M.
9
MAURICE FERRE
Mayon
Mr. Plummer: Mr. Mayor, I would like to bring to the
attention of the Commission, and I don't know if any of
them have experienced it as I have, and I guess these
things really never hit home until they hit you, ---
Mr. Mayor I hate to tell you that the insurance division
of the City of Miami I feel under present structure is
totally inadequate. Let me tell you why. You submit a
bill presently for hospitalization or any other kind of
medical attention, and for some reason Mr. Mayor, these
bills are taking anywhere from two to four months , to
five months to process. I think it is unnecessary, I
think it causing great delays to people's credit and
things of this nature. I would like to propose at this
time that the City administration come back to us with
do explanation if it can't be that Metropolitan Life
Insurance who is our carrier for hospitalization, why
these bills can't be paid in a maximum of 30 days once
they are presented, and I think something needs to be
done becasue this problem is bad, and it doesn't seem
to be getting better, --it seems to be getting worse,
and Mr. Mayor, whether you want it in form of a motion,
or Mr. Reese, the instructions to you,there is a bad
problem existing.
Mayor Ferre: Make it in form of a motion.
Mr. Reese: I don't think it needs to be in the form
of a motion. This is the first time I've heard about it,
and for the last year and a half, Metropolitan Life Ins.
has been paying these bills out of their Tampa office
at their cost and we have not been processing them, other
than sending them over there. And before we did this, it
was with assurance that these bills would be paid within
two weeks and no later than a month. If I would have known
about it sooner, I could have done something about it.I
assure you they will be paid or else we will pull it back
here. It is not the fault of the insurance dept.
Mr. Plummer: Please, I didn't infer that these girls
were at fault.
Mr. Rees I w s the Metropolitan Life Insurance
who is doing, et NEUng and they are doing it out
of their Tampa computer and this is supposedly going to
be done very rapidly, but evidently is it not.
Mr. Plummer:You will check on it and give us a report?
Mr. Reese: I'll see that they are paid, that is better.
*** *** ***
7/12/73
CITY OF MiM1
DOCUMENT
MEETN DEX JULY '�-1973
ITEM NO DOCUMENT IDENTIFICATION
COMMISSION 1 RETRIEVAL
ACTION 1 CODE NO.
a.�
1 COMMISSION AGENDA & CITY CLERK REPORT (9 pages)
2 PUBLIC HEARING -PLANNING AND ZONING-JULY 12-197
3 PUBLIC HEARING -FEDERAL REVENUE SHARING- 7/12/7
4 I ACTING CITY MANAGER APPOINTED ON JULY 26-1973
TO SERVE UNTIL ELECTIONS HELD IN NOVEMBER
5 CONSTRUCTION OF MUSA ISLE SANITARY SEWER
IMIPROVEMIENT SR-5308-C (CENTERLINE SEWER)
6
7
8
9
10
CONFIRMING RESOLUTION NO. 73-192-CONSTRUCTION
OF N.E. 4 COURT IHIGIHWAY IMPROVEMENT H-4360
CONFIRMING RESOLUTION NO. 73-191-CONSTRUCTION
NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT
CONFIRMING RESOLUTION NO. 73-426-CONSTRUCTION
NORTII BAYSHORE DRIVE SANITARY SEWER-SR-5383C
CONFIRMING RESOLUTION NO. 73-427-CONSTRUCTION
NORTH BAYSHORE DRIVE SANITARY SEWER-SR-5383S
CONFIRMING RESOLUTION NO.73-428-CONSTRUCTION
LIBERTY SANITARY SEWER IMPROVEMENT PHASE II
SR-5377-C
11 CONFIRMING RESOLUTION NO. 73-429-CONSTRUCTION
LIBERTY SANITARY SEWER IMPROVEMENT PHASE II
SR-5377-S (SIDELINE SEWER)
12 CONDITIONAL USE -PERMIT DRY-CLLAN1NG-
3661 GRAND AVENUE
13 OFF-STREET PARKING SPACES-7397 N.W. 76TH
STREET
14 CONDITIONAL USE -ORDINANCE NO. 6871-OFF-STREET
PARKING LOT-2296 S.W. 7TH STREET
15 SPRINKLER SYSTEM IN CONJUNCTION WITH OPEN
CONCRETE PARKING GARAGES IN CITY OF MIAMI
16 CONDITIONAL USE -CONSTRUCTION PARKING GARAGE-
245 N.E. 1ST STREET
17 CONDITIONAL USE -COIN -OPERATED LAUNDRY-328 S.W.
12TH AVENUE
18 CONDITIONAL USE -CONSTRUCTION- 3255 ALLAMANDA
STREET
• R-73-520
R-73-525
R-73-526
R-73-527
R-73-528
R-73-529
R-73-531
R-73-532
R-73-533
R-73-534
R-73-535
R-730536
R-73-537
R-73-538
R-73-539
0053
0054
0055
73-520
73-525
73-526
73-527
73-528
73-529
73-531
73-532
73-533
73-534
73-535
73-536
73-537
73-538
73-539
ITEM NO.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
; 38
COIVIENTfNDEX.-
PAGE # 2
COtCONT.I.NU
IISiaN RETRIEVAL = _
DOCUMENT IDENTIFICATION ACTION___ CODE
PUBLIC HEARING -CITY OF MIAMI FEDERAL REVENUE •
SHARING FUNDS-JUNE 19-1973
PUBLIC HEARING -PROPOSED NEW PLANNING AND
ZONING PROCEDURES-JULY 12-1973
ALLOCATING THE SUM OF ONE MILLION DOLLARS FOR
DAY CARE CENTERS IN CITY OF MIAMI
R-73-542
NEGOTIATION CITY MANAGER WITH THE METROPOLITAN
DADE COUNTY BOARD PUBLIC INSTRUCTION
ACQUISITION PORTABLE STRUCTURE R-73-543
APPRAISAL PROPERTY 46 WEST FLAGLERISTREET-
FUNDS TAKEN FROM "PARKS FOR PEOPLE BOND ISSUE R-73-546
ACCEPT PLAT ENTITLED LEVERA - A SUBDIVISION
R-73-547
R-73-548
CITY OF MIAMI
ACCEPT PLAT ENTITLED W.T. SUBDIVISION -
A SUBDIVISION CITY OF MIAMI
AGREEMENT KLEBBA BAY ESTATES -SIDEWALK
CONSTRUCTION
ACCEPT HIGHWAY RIGHT OF WAY DEED -CONTROL
DEVELOPMENT INC
R-73-549
R-73-550
FEDERAL GRANT APPLICATION -DEPARTMENT OF JUSTICE
PROJECT "ORGANIZED CRIME FIGHTING TEAM" R-73-551
PUBLIC HEARING -BUDGET DEPT. OFF-STREET PARKING-
R-73-552
FISCAL YEAR 1973-1974
EXTENGING TERMS OFFICE PLANNING BOARD MEMBERS-
R-73-553
PERMANENT EASEMENT TO THE FIRST STATE BANK OF
MIAMI-LITTLE RIVER GARDENS- R-73-554
DISTRICTS 1, 7 and 9-
ACCEPT BID -FURNISHING CASTABLE REFRACTORIES -
SANITATION DEPARTMENT FROM DEMOTT'S BOILER INC. R-73-555
ACCEPT BID-CLARKE FLOOR MACHINE COMPANY -
SELF -PROPELLED AIR VACUUM SWEEPER-DEPT. OF
PARKS AND RECREATION
ALLOCATING $20.914-COVER COST PROJECT ENTITLED
"CITY OWNED PARKING LOTS LIGHTING 1973"
ACCEPT BID-CARL J. I1OENES INC.-EDISON PARK TEEN
CENTER
AUTHORIZE AGREEMENT -CITY OF MIAMI WITH CONNELL
ASSOCIATES -ORANGE BOWL STADIUM IMPROVEMENT
FUNDS FROM UNALLOCATED CAPITAL IMPROVEMENT FUND
OF THE CITY MIAMI-RESOLUTION NO. 73-559
AMENDING RESOLUTION NO. 73-456-ACCEPT BID OF
CHAN W. BAKER -LAWN GRASS SEED MIXTURE-
R-73-556
R-73-557
R-73-558
R-73-559
R-73-560
R-73-561
0056
0057
73-542
73-543
73-546
73-547
73-548
73-549
73-550
73-551
73-552
73-553
73-554
73-555
73-556
73-557
73-558
73-559
73-560
73-561
ITEM NO.
39
40
41
42
CONTINUE
DOCUMENT IDENTIFICATION COMMISSIONACTION
AUTHORIZE DEMOLITION CBS STRUCTURE LOCATED
3812 N.W. 17TH AVENUE
AUTHORIZE PURCHASE ORDER TO MOTOROLA CORP.
FOR RECEIVER TRANSMITTER CRYSTALS
PROPOSED ZONING DISTRICTS FOR MIAMI CBD
AMEND AGREEMENT BETWEEN RESTAURANT ASSOCIATES,
WALDORF ASSOCIATES AND CITY OF MIAMI
R-73-562
R-73-563
PAGE #3
RETRIEVAL
73-562
73-563
0058
0059