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HomeMy WebLinkAboutCC 1973-12-13 MinutesMIAMI CITY COMMISSION MINUTES OF MEETING HELD ON DECEMBER 13,1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. QNGLE ASSISTANT CITY CLERK !• r MEI MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM! NO, SUBJECT IORbINANCE OR RESOLUTION NO, PAGE NO, WAIVE READING OF MINUTES 2. PERMIT OFFICE BUILDING -LOTS 8 & 9. Block 86N MIAMI & CONDITIONAL USE 3. VARIANCE REQUEST - TRACT +B+ INDUSTRIAL SITES INC. 4. PROPOSED VARIANCE- LOTS 1 & 2. BLOCK 77S 1004 S. W. 3RD AVENUE 5. CONDITIONAL USE - LOTS 10 & 11, BLOCK 1 GOLF COURSE PARK 6. PROPOSED CLOSING OF NATOMA & ALATKA STREETS 7. DENY CHANGE OF ZONING- LOTS 1.2.3. BLOCK 41 NEW BISCAYNE AMENDED 8. PROPOSED REZONING- TENTATIVE PLATS UGALDE & RUIZ SUB & FALCON & RUIZ SUB 9. CONDITIONAL USE - LOT 13. BLOCK 1 HARDING HEIGHTS 10. VARIANCE - LOT 111 C & I - PEACOCKB-70 11. BICYCLE SITUATION -Parking in downtown area 12. OBJECTIONS TO CONFIRMING ORDERING H-4369 13. VARIANCE - LOTS 111 12, BLOCK 3, GRAPELAND PARK 14. POSTHUMOUS CHIEF OF RESCUE -Manuel Padron 15. DEFER CONSIDERATION -Cart AI.Marx 16. CHILEAN DELEGATION- KEYS TO THE CITY 17. CHANGE ZONING CLASSIFICATION - WR 18. CONDITIONAL USE - LOTS 4. 5. BLOCK 1 Royal Gardens 19. PERSONAL APPEARANCE- ROBERT P. KUNST ree Energy Crisis etc. 20. DOWNTOWN URBAN DEVELOPMENT AND ZONING STUDY - REPORT 21. FRAGILE ELDERLY DAY CARE 22. POLICE DEPARTMENT- REVIEW OF OPERATIONS 23. RETROACTIVE PAY FOR CITY EMPLOYEES Status resort 73-957 73-958 DISCUSSION DISCUSSION 73-959 DISCUSSION & MOTION MOTIONS MOTION 73-960 73-961 73-962 MOTION MOTION 73-963 73-964 Res. 1 - 6 7- 22 22 - 28 28 - 33 33 33 - 34 35 35 - 40 40 - 55 55 - 56 56 56 First Reading 56 73-965 DISCUSSION 57 - 66 PRESENTATION DISCUSSION DISCUSSION DISCUSSION 56 - 57 67 - 69 70 - 76 77 - 95 95 - 96 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT ORDINANCE OR RESOLUTION N0, PAGE NO, 23A 24. 25. 26. 26A 27. 28. 29. 30. 30A. 30B. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. PAY PLAN IMPLEMENTATION FOR POLICE PERSONNEL PROPOSED REMOVAL OF COCONUT GROVE INCINERATOR ALCOHOLIC BEVERAGES - HOURS OF SALE SELECTION OF BROKERAGE FIRMS - INVESTMENT OF PENSION FUNDS PLANNING & ZONING ADVISORY BOARD MEMBERS SELECTION OF BROKERAGE FIRMS - PENSION FUNDS (Continued) COCONUT GROVE MARINA INC. PROPOSED CONDEMNATION BLOOD PLASMA ESTABLISHMENTS PROPOSED ORDINANCE POLICE DEPARTMENT- EXAMINATIONS FOR ENTRANCE & PROMOTION AGREEMENT WITH CONSULTING FIRM ORANGE BOWL - USE FOR OTHER THAN ATHLETIC EVENTS LATIN AMERICAN POLICE OFFICERS MODEL CITIES- GUIDELINES RELATING TO CONSTRUCTION OF RESIDENTIAL UNITS PURCHASE PROPERTY FOR EXPANSION OF FT. DALLAS PARK POLICE DEPARTMENT CIVIL SERVICE TESTING PROCEDURES EXECUTIVE PAY PLAN MINIMUM FEE FOR APPLICATIONS FOR CHANGE IN ZONING AND APPLICATION FOR VARIANCES INTERIM ZONING DISTRICT - DR, MARTIN LUTHER KING BOULEVARD AMENDING ZONING ORDINANCE- NEW SEC. 40 ENVIRONMENTAL CONTROLS RETIREMENT SYSTEM AMENDMENT -MEMBERSHIP FOR ACTIVE MILITARY SERVICE CHANGE ZONING CLASSIFICATION- CULMER PARK SUBDIVISION s1 CHANGE ZONING CLASSIFICATION - LOT 8, BLOCK 6, GRAND VIEW PARK DISCUSSION 73-966 MOTION DISCUSSION DISCUSSION DISCUSSION & MOTION DISCUSSION & MOTION FIRST READING DISCUSSION 73-967 DISCUSSION DISCUSSION & MOTION 73-968 DISCUSSION 73-969 ORD.N0.8211 ORD.NO. 8212 ORD. NO.8213 ORD.NO. 8214 ORD.N0.8215 ORD.N0.8216 97 - 98 98-100 100-116 117-118 118-122 122-128 129-133 133-142 143-145 146 146-156 157-164 164 165-189 190-193 193 194 194 195 195 19 itgEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 41. ORDERING N.W. 51 TERRACE ALLEY HIGHWAY IMP/ 42. ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C 43. ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S 45. 46. 47. 48. 49. 50. 51.. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. -'-'' 62. --63 -•--64. APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PLAT ACCEPTANCE - BLUDWORTH SUB EASEMENT- SEWER AUTHORITY- KINLOCH PARK RE -ALLOCATING A PORTION OF FEDERAL REVENUE SHARING FUNDS RETURN OF ALLOCATION FOR DOOR AND WINDOW REPLACEMENT AUTHORIZING DIRECTOR OF FINANCE TO PAY TO LOUIS SHABAREKH - CLAIM SETTLEMENT AUTHORIZING DIRECTOR OF FINANCE TO PAY TO DEVONSHIRE INC. - CLAIM SETTLEMENT ASSIST CITIZENS IN CONTROL OF PREVENTION OF LETHAL YELLOWING CONTRACTS FOR TENNIS PROFESSIONAL PRIV. AT HENDERSON AND MOORE PARKS FREE USE OF MIAMI STADIUM -EVANGELISTIC MISSIONARY SOC. INC. 'AGMT.WITH FRANK-J. COBO-ASST. TO MAYOR PROPOSED MONUMENT-FRANCISCO VICENTE AGUILERA: SAVE BIG CYPRESS NATL WATER PRESERVE - URGING: AGMT WITH METRO TRANS AUTH-UPGRADE BUS STOPS: BALTIMORE BASEBALL CLUB-EXT OF AGMT: CREATION OF MIAMI RIVERFRONT PARK-APPROV. TRANS. OF FUNDS -CITY CLERK"S OFFICE: AUTO. BID -FIRE DEPT UNIFORMS: BID ACPTG-GA$ TAWS FOR MOTOR POOL: BID ACPTG-VIDEO CAMERA AND MONITOR FOR POLICE DEPT: 73-970 73-971 73-972 73-973 73-974 73-975 73-976 ORD. NO. 8217 73-977 73-978 73-979 73-980 73-981 73-982 73-983 73-984 73-985 73-986 73-987 73-988 73-989 -- 73-990 73-991 197 197 198 198 198 199 199 200 200 201 201 202 202 202 203 203 204 204 204 205 205 205 206 206 • ITEM NO, INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OE MIAMI, FLORIDA SUBJECT ORDINANCE OR RESOLUTION N0. PAGE NO. 69. 70. 71 72. 73. 74. 75. 76. 77. 78. BID AOPTG. ELEC. FILING SYS POR CITY CLERK: BID ACPTG. 0. BOWL PAINTING AND MAINTENANCE: BID AWARD -PLANTING TREES: REPLACEMENT VEHICLES FOR PUBLIC PROPERTIES: APPROVAL OF THREE WHEEL VEHICLE FOR POLICE DEPT: ADDITIONAL PHONES IN BAYFRONT PARK AREA: PLANNNG IADV. BOARD -PROPOSED APPOINTMENTS: GESU"CATHOLIC CHURCH -NOMINATION TO NATIONAL REGISTER: REPORT - MIAMI METRO JOINT ACTION COMMITTEE: O. BOWL PUBLIC ADDRESS SYSTEM: DAY CARE FOR THE FRAGILE ELDERLY: 0. BOWL IMPROVEMENTS: PARK - SO. BAYSHDRE DRIVE -PARKING FACILITIES LATIN POLICE OFFICERS -DISCRIMINATION: 73-992 73-993 ~" 73-994 -- 73-995 73-996 73-997 207 207 207 208 208 209 209 209 211 211 211 211 212 212 • • MINUTES OF REGULAR MUTING CITY COMMISSION OP MIAMI ,PLORIDA On the 13th day of December, 1973, the City CoMmission of the City of Miami. Florida met at its regular greeting' place at City Hall in said City in regular Session. The meeting was called to order at 8:35 o'clock A.M. by Mayor Ferre and the following members of the Commission were found to be present: Mr. Reboso, Mr. Plummer, Mrs. Gordon Reverend Gibson and Mayor Ferre. Absent: None. An invication was delivered by Rev. Gibson w'he then led those present in the pledge of allegiance to the Flag. 1. WAIVING READING OF MINUTES OF PREVIOUS MEETING: The following motion was introduced by Mr. Plummer, who moved its adoption: A MOTION TO WAIVE THE READING OF THE MINUTES OF THE PREVIOUS CITY COMMISSION MEETING Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Plummer, Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. The Mayor announced that due to the length of the agenda, all presentations would be limited to 15 minutes on both sides. 2. PERMIT OFFICE BUILDING -ON LOTS 8 & 9 ELK BGN MIAMI: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-957 A RESOLUTION GRANTING PERMISSION AS PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 39 TO PERMIT PROPOSED OFFICE BUILDING, INCLUDING FIVE (5) FLOORS OF PARKING AND ELEVEN (11) FLOORS OF OFFICES, ON LOTS 8 AND 9, BLOCK 86N, MIAMI (B-41), LOCATED AT APPROXIMATELY 390 N.V. 1ST AVENUE, ZONED C-3 (CENTRAL COMMERCIAL), BEING LOCATED IN THE MIAMI- DADE GOVERNMENTAL CENTER INTERIM ZONING DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-958 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2 (8)(a), TO PERMIT CONSTRUCTION OF FIVE (5) FLOORS OF PARKING IN CONJUNCTION WITH ELEVEN (11) FLOORS OF OFFICES ON LOTS 8 AND 9, BLOCK 86N, MIAMI (8--41) , LOCATED AT APPROXIMATELY 390 N.N. 1ST AVENUE, ZONED C-3 Mumma. CO IAL) DISTRICT • (Mere follows body of resolution, oMitted here and to file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the fallowing vote y- AY'ES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboot), Mayor Perre. Mr. Plummer stated that the applicant was goning beyond the requirements for 3-C type zoning in parking requirements. 3. VARIANCE RRQUEST-EQUITIES DIVERSIFIED, INC-TR. B. INDIUSTRIAL S ITES . INC . : Mr. Robert Koppen: My name is Robert Koppen, I am an Attorney in th4 Little River, my address is 8202 N.E. 2nd Avenue, I am owner of the applicant corporation. Mr. Mayor and members of the Commission, the application here is only to change the location that is required under your parking lot ordinance of the landscaping area which we acknowledge is necessary and proper for us to go on with our plan to put an addition to a warehouse building. The requirement under the ordinance would bring the landscaping adjacent to N.B. 2nd Avenue, in other words right along the property line of N.B. 2nd Avenue, and the requirements are we understand it would be contrary to the intent of the ordinance, and it would be in my mind contrary to the public's best interest to require it at that particular point on the property. If any of you are familiar with the area, you will know that immediately to the south of it is Borden's Dairy, Mayor Ferre: Does the railroad go across that way? Mr. Eoppen: On the north side of the property is the railroad right-of-way. Mayor Ferre: Borden's is the property south of it? Mr. Koppen: Borden's is immediately south of my property right in there, (indicating). The crux of the matter is simply whether I will be allowed to bring my landscaping up to the front of the property line, or up to the improvement line or up to the property line au required by ordinance. I respectfully submit if I am required to bring that landscaping with the placement of trees right up to the street edge, that we will have a traffic situation on N.E. 72nd street that require trucks pulling pretty nearly into the N.B. 2nd Ave. before they could travel. The odd shape of this property, the requirement of the side line to be able to clear before entering N.E.2nd Avenue in my judgement simply demands that the landscaping be brought back to the set back line where the building now exists. The precedents for this kind of building is depicted in the pictures I've just shown up there where McKesson and Robbins has a similar situation and you will see where they have brought their land- scaping back from the street up to the property edge. I am not attempting to be freed from the obligation of planting trees. I think it is necessary and property to beautify, but I just think that if I am brought to the street line that we will create a traffic hazsard that doesn't make sense, and this is the only reason I am going to the trouble of presenting the case to the Commission because I honestly believe that the location is required by the ordinance on this particular piece of property if not in the public's best interest, that it would create a basSardous situation that should be obviated at this point and the design is proposed in the various plans that 1 have submitted I believe is in keeping with the intent and purpose of the ordinance 2 12/13/73 • • 1 believe it aocoi fished everything that the ordinance doe6 and elisinates the very real possibility of traffic Hazzard. That is the crux of my presentation. Mayor Ferrel Let Me ask you some questions, to make rare we all understand. You are not trying to get away trot landscaping. You are willing to landscape? Mr. Ippen: Absolutely► according to what is required. Mayor Ferre: You are bring this because you think it is going to create more of a problem and a hazzard traffic wise, than if you were allowed to landscape, ----how many feet back would you landscape? Mr. xoppea:-approximately 30 feet 2 think it is, is the placement of the existing building as you can see there from the pictures, from the street's edge, 2 think is approximately 30 feet back so that you would be able to clearly see all the trees and things that would be part of this improvement program. Mra.Gordon: Mr. Acton, would you speak to this application please? Mr. Acton: Mr. Mayor and members of the Commission, we believe that this area is in dire need of landscaping, especially along the street right-of-way. We believe the applicant could put in 5 ft of landscaping along the sidewalk areas which would go far in improving the whold environment of this barren area. Mayor Ferre: I don't mean to be critical of the department but you know, there is no way in God's world that we can have zoning rules and planning rules and everything that absolutely solve all the problems of every piece of property everywhere in the City. I think we've got to follow these zoning regulations and planning and regulations as much as possible, but if someone comes along that has a problem like this one, because he is next to a railroad, and it is a practical thing, he is next to Borden's I am asking a question now, he is not trying to get away with anything because he is willing to put in the same number of trees, just from a practical point of view, shouldn't we consider the practical aspect of traffic on that location, or do you think what he is saying is not so, ----if the administration feels that there is no traffic hazzard, there is no problem, then that casts another light on it, because then we have a question of deciding who we are going to believe. Mr. Acton: I was going to suggest earlier perhaps that you have the applicant sit down with the Department and go over exactly what he would like to do. We were of the opinion that landscaping should be placed along the sidewalk, but I do believe that in the interest of realizing that there is an existing structure there, that we could sit down and review with the applicant and come back at the next Commission meeting. Mrs. Gordon: I move to defer to the next meeting. Mayor Ferre: Thank you very much, air. We need a second. Mr. Plummer: 2 second it. Thereupon a motion to defer to December 20 was introduced by Mrs. Gordon,. seconded by Mr. Plummer, was passed and adopted by the following AYES: Mrs. Gordon, Mr. Plumate , Mr. Reboso, MayOs Ferro. MOOS: None. (Rev. Gibson was absent at roll call.) 3 12/13/73 4• PROPC BM VARIANC* LOTS _ 1 _& 2 BLit 778- 1004 SM_3rd. A` U : Mr. Pete Bassaio, 1505 N.W. 26 Ave.: With your permission I'd like to pass the blue prints 1 have in treat of me, ---- I represent Tom and Nellie Jenkins who are my grandparents bp carriage. Originally we originated this plea for a variance for a duplex. The Planning Board then recommended duplex, we went before the Planning Board on 19th and they recommended a single home residence. 'Ware changing our plea for a variance for a single home residence. Our case is fairly simple. Mr. Plummer: Let me ask you a question, sir, Mr. Acton,ie what this man -says true? Ae case in for a duplex and you recommended a single family. Mr. Acton: That is right. Mr. Plummer: In other words, what you are saying by the virture of the application being here is, he is asking for too much. Mrs. Gordon: And he is agreeing that he is willing to accept the single family residence. Mr. Hassaio: Right. Mrs. Gordon: There is no problem then. Mr. Plummer: There is a problem because he is asking for so many set backs, more than the lot allows. Mayor Ferre: The problem is he has got to have 15 ft. set backs and he wants 7A ft. Mr. Simpson: The application before the Commission is proper for a single family home. This was a two story duplex that re originally requested. Because of the size of the property, even for a single family home, he needs the set -backs that are shown on the agenda. Mayor Ferre: You say it is proper then, that the 7A ft is all right for a single family. Mr. Plummer: 1 see what he is saying. Mt. Simpson: This is the only the gentleman can build,--- Mr. Plummer: And is down now to one story? Any objectors? Mr. Bassaio: It is a two-story single home. I can't get enouth sq. footage on the ground floor. in other words, all we did, we changed it to one single home, but not one story. Mayor Ferre: This isn't one of these one homes, ending up two single homes in about a year or so. 1�tr. Bassaio, There is no way you can do that, just no access. Mayor Ferre: Have you got the drawing, so our department can Look at it? Hz. Bassaio: We don't have an architectural drawing, just front elevation. 4 12/13/73 • Mr. diapsont It was my understanding that this was a twO Story duplex. Mr. Plummer: Mr. Mayor X wi11 make a motion that this be returned to the zoning board for further study since the application has been changed and let them go through it again, and make their recommendations. Mrs. Gordon: Mr. Mummer, I believe the Board recommended that this be a single family dwelling. and that is the way they approved it, or recommended it. In reading the minutes I came across that, and that is what the man is agreeing that he wants, I don't think its reason to send it back to the Hoard because it is just wasting everybody's time. Mr. Plummer: There is obviously a discrepancy. Mre. Gordon: I don't think so. Just discuss it more fully. Mr. Plummer: How can you say there is not. Mayor Ferre: The Chair is going to rule on this thing. Mrs. Gordon: What is the discrepancy, Mr. Simpson? Mr. Simpson: It was my understanding at the Planning Board level that this was going to be a two story structure 20 x 37, one unit up, one unit down, with set backs as requested before the Commission, that would permit a unit of 740 sq. feet on the ground floor, which meets the minimum requirement. Mrs. Gordon: Mr. Simpson, I think we are not understanding each other. You are saying that the original application was for a duplex but the board recommended a single family dwelling. Correct? Mr. Simpson: Correct. Mrs. Gordon: So this man says he is willing to accept that. he wants to make a single family dwelling out of it, he still needs a two story single family dwelling, and why send him back to the Board/ Mayor Ferre: Because at the Board level he said he was going to bring it down to a one story. Mr. Bassaio: it was a single residence. Mrs. Gordon: Single family, - Mr. Simpson: How many sq. footage? Mr. Bassaio: There was no statement, they approved the plan as it was for a single family, all we did was convert from two units to one unit. Mr. Acton: May I suggest that the applicant submit to the Cossrission,'plans that reflect single family house, and defer. r. Mayor Ferre: Is there a second to defer? We are deferring to the next meeting because you are going to bring plans to 5 12/13/73 make sure that a year from now you are not going to end up With two fas hats in this thing. Mr. Acton: W. Mayor, the next meeting is in one week, Mr. Andrews: Mr. Mayor, and members of the Cotnmiss. on, would you be good enough to defer any items, not to the next meeting but to the 10th of January. Mayor Ferret Defer to the loth of January, okay? Call the roll, ---- Thereupon a motion to defer was introduced by Mrs. Gordon, seconded by Rev. Gibson, was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs..Gordon, Mayor Ferro. DOSS: Mr. Plummer. 5. CONDITIONAL USE -LOTS 10 AND 11, BLK 1, GOLF COURSE PARK: Mr. Charles Dusen: My name is Charles Dusen, President of Citizens Federal of Metropolitan Miami, and Citizens Federal has received approval to remove its branch office from the Central Shopping Center to 6th Street and Le Jeune Road. We are seeking excess parking, and to obtain this, we have provided on the commercial lot in which we are building, 7200 sq. ft. the required parking spots. However the excess parking on the lots adjacent to the commercial site will give the Association for its employees and customers 35 additional spaces. You know the changing character of Le Jeune Road, the excess parking requirements have been received by other applicants, we have received Planning Dept. and Planning Board approval, Unanimously, ---- Mr. Plummer: I have a question. Mr. Acton will you address yourself to the fact sir, that these two lots are not contiguous, that there is a gap of two private residences, that exist between Lot 4225 and 4251. Is 4251, a residence, does that inoorporate the vacant lot on the east side of it, or not? That reap is incorrect. Mr. Simpson: The application is for lots 10 and 11, Mr. Plummer: Then the application is wrong, sir, Mr. Simpson: The address might be. Mr. Plummer: I am tell you that lots 4225 and 4251 are not abutting. Mr. Simpson: This is a typo error, the application is for 4215 and 4225. Mr. Plummier: When I went out there, there was two single family residences and a vacant lot between, Mayor Ferre: It is a typo error, are they, or are they not abutting? that is what I want to know on the record. Mrs. Gordon: They are abutting, and the legal description describes them as abutting, so I move approval. There upon the following resolution was introduced by Mrs. Gordon who moved its „ption: 12/13/73 6 RESOLUTION SO. 73-959 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO, 6871, ARTICLE V, SECTION 1(8)(a), TO PERMIT LESS Orr -!TREE' PARE/NO ON LOTS 10 AND 11, BLOCK 1, OOLP COURSE PARK (43-3) , LOCATED AT 4215 AND 4225 N.N. 6' STREET, IN CONJUNCTION WITH PROPOSED HANK STRUCTURE, TO BE LOCATED AT 600 N.W. 42ND AVENUE, ZONED R-2 (1110-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. the resolution was passed and adopted by the following vote AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and M4or Ferre. NOES: None. Mr. Plummer: It is requested that the resolution be corrected to reflect the proper legal address. Mayor Ferre: All right. 6 PROPOSED CLOSING OF NATOMA AND ALATKA STREETS: Mr. Plummer: Mr. Mayor, I request that these two items be split. Let's hear Natoma first. Mayor Ferre: Mho speaks for Natoma? Mr. John Rosebaugh: For the closing Mr. Mayor? Mayor Ferre: Yes. Mr. Rosebaugh: Mr. Mayor, Honorable Commissioner, my name is John Rosebrough, I am a director of the Tigertail Association and I would like to read into the record our letter to you dated Dec. 4, 1973 regarding the closing of Natoma. (Letter on file.) Mayor Ferre: Do we have a map so everyone can follow this? Attorney Harvey Reiseman: Mr. Mayor, my name is Harvey Resieman with offices in the City National Bank Building on Flagler Street in Miami. I represent Coconut Grove Square, ----Corporation and Mr. Jay ?who is the president of that Corporation is here with me this morning. The objector has built an office building on property that is zoned R-CA just west of the intersection of Natoma and Dixie Highway. That zoning has existed for Approximately seven years. Mayor Ferre: Would you show us on that map, ---what happened to that map, what the location is of the office building you are referring to? Does it abut with Natoma? Mr. Resiemsn: Not quite, ---the applicant owns property that does run up and abut Natoma, however it is zoned R-l. It is approximately a is acre piece slightly less than h acre and the applicant does own that property as well. Mr. Grimm: 1 might add Mr. Mayor for. your information the City Commission received a petition with 67 signatures • 7 12/13/73 on it requesting the closure of Natoma and that 67 signature represent 57 property owners for closing it. Mr. Reiaeman: Let toe indicate what the objection is. The office building that has been built and recently completed an. is presently about to be landscaped there has been built on property as I indicate that has been zoned for commercial purpose for which it has been used. for I think more than seven years. The owner of that property, Mr. 7, . has owned it for more than two years. The building was built without any variances whatever, without any request for variances, he has built there exactly what he has been long permitted to build there. What has been built is an office building containing approximately 50,000 sq. ft. of space. He has the required parking spaces that he needs for that building, no more and no less, although he recently made application to be permitted to use corner lot in order to provide not less, which is the usual request, or frequent one for builders, but even more parking. In any case, his situation is this, incidentally to orientate you, the building of which I speak is that interesting looking step like building just on the south side of Dixie Highway, at Natoma. In approaching that building from the south on Dixie Highway, and going toward downtown, the builder has provided a deceleration lane next to Dixie Highway, so that cars can come off Dixie and directly in the parking lot of that building. That is also use as an acceleration lane for traffic leaving the building. It turns around behind the building, comes out at the south end of it, and accelerates into that lane out on to Dixie Highway. Personally, that is the only ingress and egress for this entire building. Natoma offers the only entry into that building coming_ from downtown, and headed toward the South of Dixie Highway. If Natoma were closed, thus creating this private little community that the residents are asking for, and I can appreciate their asking for it, I too would like to live in a private community, but I think the blocking of a public street is hardly the way to create one, but If that street were blocked, it would be necessary for traffic in order to approach this building from Downtown Miami to drive west to 19th Avenue, which is the other aide of the street from Dixie Highway, equivalent of Natoma, to turn toward the north, to go all the way around a lengthy block, to come out at 22nd Avenue and Dixie highway. at a light, then to turn left across Dixie Highway, and come back down as though they were originally coming from the South. I would create in short a tremendous in convenience, a tremendous burden on those who built the building and those who would occupy it as well as those who would use it. This is a business building, a commercial office building. It is one that is intended to be used and will be used by people in the insurance business, by lawyers, by professional people generally, realtors they are the kind of offices that will have people visiting them on a constant basis. It is necessary that they have reason- able access from Downtown. They have relied on having that access from downtown. That access has always been there. The property was purchased with that access. 1 think they have every right to expect that they will continue to have it, and we urge you, please, no to close off that street. Thru traffic is difficult now, everywhere, we know that, all our street are heavily burdened, all of our residential streets are heavily burdened, but in order to give particular residents in a particular area, the advantage of having their streets closed, reducing their burden, we have to keep in mind that we would at the name time be increasing the burden of others and that would certainly happen in this situation. We urge the Commission to deny this application. 8 12/13/72 Mayor Ferre: May 1 see that drawing again? If you Tit Up the barricade at this point,-- - ------le t Me ask you a queation, if a barricade is put up, which is exactly Where you have it,---.-Wa-Kee-41a can go up this way, and this has been cut out for traffic. Harvey, come over here so you can look at it. Doesn't that solve your problem? Unidentified person: We have to eliminate this curve Mt. Mayor. We were going to close it in both areas. Mayor Ferre: Wait a minute, suppose you don't eliminate this curve, that way the property owners get what they want which is removing a barricade, so people can't go through. so you got what you want yet these people can get what they want by getting out on this street, ---- Unidentified person: Oh, no, no sir, Mrs. Gordon: Will somebody speak in the mike so all of us can hear? Mayor Ferre: Let me go over it again so you under stand what I am proposing. They are going to close Natoma and Wa-Kee-Na by putting a barrier here, you see where they are putting the barrier. That means there will be no tbru traffic from Dixie Highway into the residential area. Leave that there, r►o through traffic but let this remain open. You don't agree with that? Mr. Plummer: Mr. Mayor, what you don't understand sir, is and let me tell you quick -like, these people are opposed to the application presently before the Board to use those other lots for conditional use. They were so opposed at the Board level, and they don't want that and Mr. Reissman and his clients eo want to use that, and this is their way of saying No. Mayor Ferre: This application for conditional use, has it been approved or not? Unidentified person: Denied, unanimously. Mr. Plummer: They still have a right of appeal to us. Mayor Ferre: Mr. Reissman, I would recommend the following, and this is just a recommendation on the Mayor's part for you to consider. I think that unless you can get the, is it a variance you need? what you are asking for is meaningless is that right? Sure. You are asking for a variance for conditional use of a peice of property which is now residential. If you do not get the variance, then your request today is really academic. Mr. Reissman: To the contrary, it is even more, Mr. Plummer: Let's get the record straight, because the word variance has a very bad conotation and I am not trying to help Mr. Reiseman, but he is not asking for a vairnce Mr. Mayor. He is asking for only a conditional use. No. 1 No. 2 I would say that it would still make a big bearing to Mlr. Reissman because of the pattern of traffic in access to his building. Not that 1 agree or disagree but I am making the po 9 12/13/73 So. 1, it is a conditional use► No. 2, the flow and the access to his building would be affected by this closing. Mr. Mayor, I believe► now understand, I live this, because 1 live right there, but what 1 as saying to you is, you have not seen this intersection, Mr. Mayor, for example what hasn't been brought out to you, the members of the Commission, that you cannot get onto to Dixie Highway on this street because it is closed to vehicular traffic. I think it would behoove you to look at the intersection and see it, and defer this portion for a week until you can see it and know it. Mayor Ferre: Let me ask you this. Paul, when do you have this coming up, the conditonal use portion of it? Mr. Reissman: We have not filed an appeal at this time. Mr. Simpson: It was denied by the Board. We have not received an appeal. Mayor Ferre: Don't you think we ought to take both of them up at the same time►? tTnidentified person: Absolutely. Mayor Ferre: So I will take a motion for a deferral on this item until these are taken up. Mr. Plummer: Are you making the motion? Mayor Ferre: No, 2 am saying I will accept a motion. Mr. Plummer: Dave, his appeal has not bearing on it. Mr. Reissman: In response to Mr. Simpson's question, the answer is we will appeal. And it would be appropriate to consider these at the same time. You will be able to see the totality of the problem. Rev. Gibson: Mr. Mayor, i unfortunately learned slowly. I think we should put this business on a map up there so, like we do most of the other business so we can see. Mayor Ferre: is there a motion for deferral? Mrs. Gordon:Mr. Mayor there are so many people that look like they'd like to have their say now, and 2 don't think we ought to cut then off. Let's here what they have to say.That might determine if we want to defer or not. A number of people are here to speak to this item, or am i wrong? I'd like to hear from them, if you'd give them time, Mr. Mayor. While the Mayor is on the phone, come up and speak. Mayor Ferre: All right, make it short. We have already taken 15 minutes. Janet Macalilly: I am Janet Macalilly, I live at 2025 Secoffee Street, mY back yard backs up to this office building development. I think you ought to have in mind a little bit of history on this lot. It is true that the present owner had the coning for that property when he bought it. and developed the present building. ever, before they got the building going they brought bulldozers and heavy equipment into that property 12/13/73 10 Which was covered with a magnificent tropical fOrrest and they bulldozedin violation of your tree ordinance hundreds of trees, SO to 60 year old oaks, sabel palms and etc. and they did this, a great deal of it on week -ends when the citizens could not reach anyone in the stoning and permit department to get it stopped. We some of the neighbors and 1 went to speak with the people there, the developer told us he had to do this in Order to build the building the way he wished, but we feel that anyone doing something in a neighbor- hood first of all abide by the laws that govern all of us in the City of Miami. Mayor Ferre: Let me stop you for just a moment. Mr. Andrews, I would like a report, not today but you can send it in writing later on, maybe as we take this up in the future,explain to us,how these people if they did and how and why they violated this tree ordinance, and what we did about it. Just speaking for myself, I was very saddened when I saw those bulldozers rip that place up, and not leave ono tree, but did they violate our regulations on trees? Mr. Andrews: I don't know. Malo r Ferre: Well, look into it, I have been meaning to ask that anyway. Mr. Reiseman: I don't suppose I need to remind the Commission the questions of violations or alleged violations of the tree ordinance is not on the agenda today. Mayor Ferre: I understand that, but it is a pertinent question Mr. Reiseman. Mr. Reiseman:Mr. Mayor, I respectfully suggest it is not pertinent to the question before the Commission this morning A, and B I would suggest too that it is impossible to build a building without any variances either requested sought, or granted, Mayor Ferre: But you didn't request them, ---- Mr. Reiseman:----on a lot to build a building which is permitted to be built there, without removing the trees that are standing in the way of the building. Mayor Ferre: We are not talking about that Mr. Reiseman. Mr. Reiseman: There has never been any violation by Mr. ? or his company in the connection with the building of this building, to the best of our knowledge alleged to have taken place, he has never been charged with any violation, and to make these kinds of assertions this morning in connection with this kind of a matter, it is prejudiced, and webeg that not be done. Mayor Ferre: Mr. Reiseman, this is not a court of law, and these people here have rights as citizens and they are himan beings, and they have emotions, and they live in that area, and as you know, this is something, that no only these people but the whole community is up in arma about. Now I know that, I am a property owner myself. I know that there are certain 13. 12/13/73 rights that property owners have and I am not trying to deny due process or the right of property ownerehip but th point is, for example so we can take the sting off of this, some other people stripped Brickell avenue of 600 ft. and just left that bare. this community really went up in arms. The point is, that we are concerned about this, as a community. And you are too, ---- Mr. Reieeman: Mr. Ferre, the owner is concerned too. and for that reason is, in the process of putting in over $15,000. worth of landscaping around this very building. Mayor Ferre: True, but he knocked down $100,000. dollars worth of landscaping that is irreplaceable, because that is Brickell Hammock. Mrs. Gordon: That is right. (Applause) Mayor Ferre: Please, please, this is not, we are not going to get into an emotional argument about trees here. The relationship, as Mr. Reiseman, is absolutely right. What they did has nothing to do with what they are asking for here. I've the administration to give us a report on that and we will discuss that at another time. Letts address ourselves strictly to the problem. Janet Macalilly: Mr. Mayor I was attempting to do so. I mentioned that becasue I think it is somewhat typical of the attitude of the developers about our neighborhood. Now two weeks ago, we were ail here for the zoning board meeting where the consideration of the two lots on Natoma street for the -Parking lot were taken up and at that time Mr. Reissman said something to the effect, that if the conditional usuage request of the petitioner was denied, then the over -flow from that building would come into our neighborhood and park in front of our houses. This is why we would like to have the street closed to prevent this. It is obvious that they are going to be using it. This is a residential street and there are many children. I have thre children, my neighbors on one side have four, on the other side have three, there are many more children and if that is used as an access, from the north, and to provide parking facilities for that lot, I think it is typical of the lack of consideration for the neighborhood that office building is in. Thank you. Mayor Ferre: I respectfully ask just so we don't have misinterpretation for everyone to keep their emptions down. I know how you feel, but please, let's just go through '.the hearing, the order of business. Who else wants to speak? I request that you take just a few minutes, please in consideration of the other people waiting and the other things we have, so go ahead. R.M. French, Jr.: I am R.M. French Jr.and I live 1605 Nethia Drive, which is the corner of Alatka Street and Neithia, which you are considering closing. Mr. Plummer: Sir, we separated it. Dr. Allen: I am Dr. ? Allen and I live at 2621 Natome which right across from the corner lot in question, end ,jut down from the opening of Natoma Street. The, as you 12 12/12 know, there is no egress on Natoma at this point and the ingress is very hazardous, and only yesterday 1 almost had in accident by hitting a car illegally parked there because I Was forced to enter from S. Dixie too fast. This is one reason there has been several major accidents there. In the recent past, I almost 1 had one myself, and this is one of the reasons why we are asking it be closed off. The other reason.isothat there is little traffic coming in from S. Dixie on to that street at the present, and the traffic count which they did included also the traffic coming from Na-tee-na and therefore is not indicative of the proper of traffic coming into to Natoma, and there are very few cars presently using that street, were the street to be left open and were to be used as a means of traffic to come to and from the office building in which naturally we are all against, then it would increase the amount of traffic considerably, we would have people parking all over our lawns and we would be greatly inconvenienced. The other thing is, the traffic that presently uses it also shows no consideration for the speed limit in this area and the people Who come in off the highway at present come in at very fast speeds, often up to 50 miles per hour which is hazardous for children and anamils in the area. I had a valuable dog killed there on a month ago because of the speed and traffic which the few who use it, and this is another reason we would like to see it closed off. Mayor Ferre: Thank you very much. I am going tD limit it to two more speakers . Does this gentleman want to talk? Let me ask you, unless this is absolutely necessary unless somebody hasn't covered the ground that you are going to cover. please refrain. If what you want to say hasn't been said, then go ahead a speak. Mr. Stanley Johnson: I am Stanley Johnson, I live at 2031 Secoffee Street. I think Mr. Plummer1s suggestion that this matter be deferred until the conditional use appeal is heard is a valid one. The matters are related. Deferral won't do injury to any party. Mayor Ferre: That was my feeling on it. Mr. David Butt: my name is David Butt and I live 2925 Seminole Street. Mr. 's request for conditional use includes the statement that no in gress or egress to those two lots which will be used for parking, will be made from Natoma, therefore I see no connection between the closing of Natoma and this conditional use request. What Mr. ? said a few minutes ago is simply this, you will look at the map coming on U.S. 1 from the north to the South, he wishes to use Natoma with a right turn onSecoffee, back on to 22nd Ave. and then head south onto U.S.1 as a northern entrance to the office building. That is exactly what he has in mind, and this would generate a tremendous amount of traffic on to Secoffee and Natoma. Mayor Ferre: I am glad you spoke, because you corrected a misunderstanding I had, in other words, what I was recommeding there, doesn't completely solve their problem in any way. Mr. Plummer: That's what I tried to tell you. Mayor Ferre; I don't pay attention to you. Mr. Plummer: Obviously. (laughter) 13 brough Doris none ►ro•sgh : My name is Doris nose- and I live at 1756 nrponola Drive and my point is, that ona child has been atruc)C by a oar on Esponola, we have not had a death all yet, but one child has been struck. Mr. Calay: My name is Calay, l understand from the Commissioner's comments here that he is a proponent for a left turn lane across 3 lanes of highspeed traffic, as an alternative route to a left turn at a traffic control device. I am not a traffic engineer, the City has traffic engineers, I am sure they could weigh the merits of the safety to all people in eluding the citizens of Dade County as well as the citizens of Miami, making a left turn across three lanes of 45 mile an hour traffic, in contradiction to the preferred method which is the right hand rule in traffic control. Mr. Plummer: You see, the point of it is, you are right but you are wrong. You are right in the fact of what you say about turning onto traffic, but remember turning at the traffic light doesn't help him out, unless he could make a U turn at the traffic light, would be his only salvation. There are three alternative traffic routes , to return in a north bound direction when traveling southbound on Dixie Highway. There are three routes that the man can use, all of which are either controled by a traffic control device or our right turn lane, onto Dixie Highway, but still carries the traffic through a residential section, all three alternatives. Mr. Calay: We didn't create the problem, we are trying to keep it from getting worse. Mayor Ferre: I think we have heard now, got good explanation Mrs. Gordon:/ recall having sat on the Planning Board and on the Commission for two years, complaints about this street being a traffic hazard long before your building was built Mr. Reiseman, and one that we had hoped and tried directly and indirectly to have closed, and now it is coming up in a formal fashion. I don't honestly believe it is going b affect your building at all unless you intend in fact to use the residential streets for traffic arteries,and so I therefore see no need for a deferment of this item in conjunction with a conditonal use because in my opinion it has no bearing if we close this street, on whether or not the recieve that and I will move that this street be closed. Mayor Ferre: Is there a second to the motion? Mr. Plummer: I still feel very strongly about the closing of this street, and I am all in favor of it, but I think Mr. Mayor that all of you should afford yourself of the opportunity of see this for yourself. Now I can tell you right now, how I am going to vote, and I am more than happy to second the motion, but I have heard too much here this morning that says you are not that familiar with it. If you feel you don't want to go see it, I am more than ready to second it. Rob. Gibson: Mr. Mayor I said earlier, something about putting it on the paper so all the people could see, because we close the street doesn't mean we are intelligent. I think what we need to understand in the City is everytime we take 14 12/13/73 these actions, all parties ought to be throughly satisfied in that we have done our homework. t would hope that you don't decide to close the street until you gather all the facts and sir, if you have a building and we close a street, and you don't want to wait, and if we close the street, before we gather the facts, we may well be doing the citizens who live in there are harmed, or endangered. I know you say, oh no, because that is what you want now, but tomorrow when somebody else comes up, that we don't be as sorry in our homework we will hurt those folks, and I "ant to more, Mr. Mayor that we defer the matter, Mayor Ferre: I am not going to let anybody else talk now. We have a motion, I have not called to see if there is a second, but before I do that let me mention something which has struck me as very basic to all of this. If you look at that map, up there on the wall, the problem as I misunderstood it, and see it now, is that the R.C.A. property which is where the building is on, would require access on this street, which is Natoma, and if they don't get access on that street, it doesn't make any difference, No. 1, and No. 2, what they want to do is go down Natoma to 22nd, would you point that out Mr. Simpson? and then go that way, and since what we are talking about is putting up a barrier at two locations then the alternate solution that I thought would be effective doesn't really mean anything. Mr. Plummer: Only a barrier at one location, and it seems to me, I see it very clearly, I would concur with Mrs. Gordon about the closing of it, but I want t, make plain to all here, that in this Commission, every man a nd woman here has equal vote and that we are very careful to extend courtesies to everyone so there is full understanding. I don't want any member of this Commission ever voting on something if they have any questions, and I think that Father Gibson is completely right and he is entitled to, ----and the way to do these thing is to let if he has some questions on it, and there are many cases that come up here that after an hour of discussion I still don't see it, or I haven't seen the drawings or I have a question on it, and I ask for a deferment and this Commission has gone along with deferment if a Commissioner asks for it, because we don't want anybody to vote on it unless they are absolutely certain, and Father Gibson is entitled to it, he is right and I babk him one hundred percent. Mrs. Gordon: To offer some more information that I am familiar with, is the real hazard of traffic travelling south Mr. Mayor, trying to left turn into that area, or trying to cross the highway at that point, and that is really a serious and dangerous problem that this would eliminate. Mayor Ferre: We will vote on this if you would Mr. Andrews, Paul, -----we will have time for this next week? Mr. Reiseman: Mr. Mayor, if I may, if the objective is to have it at the same time as the appeal hearing, in connection with the application for conditional use, we could not be ready by next week, nor do I think your department could be. Mayor Ferre; The problem as 1 see it is this, I have been convinced this morning that one thing has really nothing to do with the other. I thought so in the beginning but 1 realize now it doesn't, and the only thing is if we are going to close this, and save one child from being hurt, we had better 15 12/12/71 i • on with this. You have noticed that three prople already have expressed themselves here on closing that street. Mr. Reiseman: Mr. Mayor, I know you have spent a lot of time on this, but this is an important matter or else 1 would not be here for my client. He thinks it is terribly important so do the people who occupy that building, because they repre- sent several hundred people as well. So do the people who come to the people who occupy the building think that this is an important matter, and I would hope that you will believe me when I tell you that you do not have all the facts and that the one matter does relate to the other. They are interelated. There is no question about it. Mr. Mayor, it is easy to become emotional when talking about the life of a child. I'm no lens emotional and care no less nor does this gentleman here nor his wife nor their children than anyone else in the world with respect to children's lives, or the lives of a pet, or respect for the sanctity of the quiet that we like to have in neighborhoods. We all respect those things -----we all want them. This is not a question of bad and good. Mayor Ferre: 1 hope nobody got that impression, that there was an implication of good and bad, because this is not the intention. I know the applicants are wonderful people and outstanding citizens, ---people who have contributed greatly to this community. Mr. Reiseman: We have though, Mr. Mayor and it should be remembered, is a request of people who live in that residential neighborhood to close off a street that has been used for many, many years, and needs to be used by other people who live on it.. Mayor Ferre: That has been stated before. Now let me see what the will of the Commission is. Mrs. Gordon: I'll respect Father Gibson's desire to make a personal inspection if he wants to do that. Mr. Andrews: May I suggest, Mr. Mayor and members of the Commission, that if you postpone this do not put it on the 20th, the earliest date should be Jan 10. Mayor Ferre: Is there a motion to that effect? Mrs. Gordon: I want to ask Father Gibson if he wants it deferred, if he does, I'll move it to the 10th. Rev. Gibson: I move the matter be deferred to the loth and be placed on a chart just like we do the other matters. A motion to defer the matter to January 10 was introduced .by Father Gibson, seconded by Mr. Reboso, was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer Mr. Reboso and Mayor Ferre. Mayor Ferre: Now, on Alatka,----- Mr. Bob French: I am Bob French, I live at the corner of Nethia Drive and Alatka Street, and have so lived for 32 years. 1 am the guy who phones the police and picks up the mess when we have accidents at that corner which is very often. I feel the reason I am here is, because this'is something I hoped would happen for a long time because• 1 feel it is serious traffic 16 12/13/73 hazard because of the angle of Aihtka Street, -.- Mayor Ferret Are there any opponent* here,---- okay go Mr. French: 1 feel because of the angle of the street, 1 appreciate the closing would create an inconvenience to some people, particular those living in Bay Heights, but I do believe that for the safety for the community, and certainly for our own safety, because our house has actually been hit by cars at the intersection, I would appreciate it if this be closed, because it is a serious problem. Thank you. Mayor Ferre: Okay, we will hear the opponents. 1 Mr. Alvin Cassel: Mr. Mayor and members of the Commission I am Alvin Cassel and live at 56 Samana Drive in Bay Heights. I represent myself. It is not on this map. First let me say that I have sincere sympathy for Bob French who is a good friend of mine, and I recognize that he may have a personal problem in terms of the location of his house. 1 think the Commission must consider the good and benefits to the whole City on this kind of question, and must consider what is the lease comparative disadvantage in deciding an issue of this kind. There are over 200 families living in Bay Heights, all have at lease two or three cars, and most if not all, use the A1at-ka entrance to come into Bay Heights, in addition to people in Natoma manor , which is between Alatka St. and 17th Avenue, also have the opportunity and do use this. Also Alatka St. is a thru street from U.S. 1 to Bayshore Drive and Mercy Hospital. There is an entrance to Mercy Hospital right there at Alatka Street. Fortunately, as distinguished from Natoma St.,there is a storage land on U.S. 1 at Alatka Street. I use it more than once every day. I have never experienced personally, or seen more cars stored than the storage lane can hold. Also it just so happens the traffic flow is like this, you can only enter Alatka Street from U.S. 1 coming south. Hardly anybody does this in the morning or during the day. It is very light. The time when it happens is when everybody in Bay Heights and Natoma Manor and surrounding sections are coming home from work at 5 to 7 in the evening. At that time there is no flow of traffic to speak of going north on V.S. 1 so you do not have a problem with a left turn. All I am saying is this, that if you close this street, you are going to take this bleeder, which is so' necessary and throw the benefit of this bleeder traffic into what, 17th Avenue. The intersection of U.S. 1 and 17th Ave. in my mind if one of the worst intersection in Dade County, and 1 must tell you that if you throw all of this additional traffic onto that intersection at night, you will not only consume the storage lane, you will block traffic on U.S.1 and idle one of the lanes which so important and you know what traffic is on U.S.1 at the rush hour. Mayor Ferret: Mr. McNaughton, I'd like you to address yourself to this problem. Mr. Cassel: Mr. Mayor, could I have one,-------Alatka Street is a safe etreet,,and I'll tell you why, between U.S.1 and Bayshore Drive, there is only one intersection, although there are many streets that corms into it. For example, the wall that surrounds Bay Heights has only one opening, so a street which is not an intersection, but which dead -ends, has to be a 17 12/13/73 safer street because nobody can dash through. Mayor Ferret Mr. McNaughton, are you an opponent/ Mr. McNaughton: A proponent. My name is Kevin McNaughton an operations engineer for Dade County, Dept of Traffic and Transportation. We first investigated or perhaps most recently investigated the situation surrounding Alatka ands. Dixie Highway in early 1971. I wrote to Mr. Reese in •Tune of 71 recom- mending the closing of Alatka because of a very serious accident problem that we had noted up till that time. Action was not taken at that time for various reasons. We've studied it since, we brought our information up-to-date with the request of this hearing and we find that for one reason or another, the accident picture is less today thin it was at that earlier time. Mayor Ferre: Mr. McNaughton I don't mean to rush you but we have been on this item 45 minutes and we are way behind can you come to a conclusion. Are you for or against closing this? Mr. McNaughton: We feel it that it would not be a serious problem to close it, we also feel it is perhaps not a serious problem as it exists open. We have no objection to closing and we leave it to the City. Mayor Ferre: We will listen to one more proponent. Mr. Marshall Kline: My name is Marshall Kline and live at 600 Alatka Street, directly across the street from Mr. French. Mr. Plummer: Your back yard goes to Dixie? Mr. Kline: No, his does, I am on the corner of Neitha and Alatka. Mr. Plummer: You have the circular drive in front of your house. We have had I don't know how many accidents, in addition, the tourist who come down Dixie Highway, get off of I-95 and get lost, use this particular place to make a U turn to get back on Dixie Highway, and if you've seen the condition of this road, you cannot actually see the on -coming traffic going toward town until you are into the traffic lane, and we have people coming across the railroad tracks, across 6 lanes of traffic to get into that street, and it is a definite hazard. Mayor Ferre: All right, Mr. Kline, thank you. Any comments from the Commission? Mr. Plummer: Mr. Mayor, Vince, will you hold this thing up here please? May I offer Mr. Mayor , maybe the best of two worlds, if it is humanly possible. We the residents of this area are very concerned for many reasons. No. 1, not to talk against this gentleman from Bay Heights, but very obviously his only use of Alatka, is at that time when he is using it to go to his home, he has not been afforded the opportunity of standing at the intersection to watch the amount of traffic that is generated, ---Mr. Mayor if I may bring to you two points and maybe I may not be too popular with my neighbors, but I have two alternatives,. Mayor Ferre: That is for another reason. (Laughter) 18 12/13/73 Mr. Plummer* You have heard of the lady in concrete.: he is going tobe the first man in concrete. Mt, Mayor, one of the biggest problems that we have there is due to the fact that Mercy Hospital has put a new opening on Alatka. That within itself generated untold amount of traffic through the residential area. When I went back to research the minutes in 1954, the one objection of everyone was that it was going to generate a lot more traffic through the area, it was assured that the traffic would use the main artery of 17th Avenue which is now not happening. thtfortunately if you will look at the top, Vince, bring that up here and I can point to it better. Someone unfortunately has taken and put hospital signs on Dixie highway directing them down Alatka. If you are coming the other way, the hospital signs direct them down Halisee. What has been created by these signs of convenience is that all of the traffic is now being generated down through Natoma rather than 17th Avenue where it belongs. Let me show you two other things that is happening in our neighborhood. No. 1, in the mornings so that people do get here at the intersection of 17th and Dixie, people are coming down 17th Avenue and cutting across Noc-A-tee, either going down Hiola to get onto Dixie, or coming over to Halisee and getting on to Dixie. That is in the morning. What is happening in the afternoon, just the reverse, so that people don't hit the intersection of 17th and Dixie, they are cutting off of Alatka, coming across Noc-A-tee over to 17th Avenue and down, likewise, from Bayshaoe Drive, so they don't hit Bayshore Drive, they come in from here on Alatka and come down to either Micanopy, Tigertail or Noc-A-tee and come through that way. Now, Mr. Mayor, I would like to make this proposal if I may. No. 1, hold this up Vince, so they can see, No. 1 Mr. Mayor I would oppose at this time the total closing. I would completely re -vamp the flow of traffic in this area so that it will discourage people from using the area. I do that and let me preface my remarks by saying that I would request a 6-month re-examination, and if this doesn't do the trick, I would be for closing. Let me show you what we have looked at. We would make the intersections of Tigertail and Halisee a four-way stop. We would take the intersection of Tigertail and Alatka a four-way stop, we would make the intersection of Noc-A-tee and Halisee a four-way stop, and turn traffic around Alatka, the Stop sign, at Noc-A-Tee and Micanopy so that this would make it in convenient for people to come down this way, because they are going to have to stop three or four times, coming down Halisee or up Halisee they would have to stop three or four times. Hopefully this would do the trick without closing the intersection, removal of the two signs so the traffic is directed down 17th Ave. and not through a residential area. Mr. Mayor I hope this will be the better of two worlds, if this doesn't work, in 6 months, if this doesn't discourage the traffic, come back and we will close the thing. Mrs. McNeal, Mrs. Lister, if you want to speak to it, these are my neighbors, and I have to live with these people, but I am hoping that with a 6 months study on the thing, that we can come back and take and see what has happened. This is what I thought the best thing that could happen. Mayor Ferro; Is there any objectors? Mr. French: Mr..Pluumrer, the only question I have regarding that is, if you would add to that, the closing of left turn traffic off of U.S. 1 on Alatka St. -------then you would accomplish it, really do it, but as long as you make it possible to make a left turn off of U.S. 1, the problem we have there Ladies and gentleman, is this, in spite of every effort the City engineers have done, and I think they havedone a fantastic job trying 19to 12/13/7 do it, they have got 'no enter' sighs there, people +cam tiffs in front of My house, or in front of Mr. Lester's to Make a it turn, go past two► do -not -enter signs, and go back out onto U.S. 1 on a one-way street against traffic and that is where our accident hazard is, and unfortunately while you do change tbs traffic flow, you are not going to correct, Mr. Plummer: What is your suggestion, Mr. Frencht I suggest if you stop the left turns off of U.S. 1 on Alatka Street, you are going to atop people from coming across 6 lanes of traffic, --the last bad accident we had there, a car came up, across the railroad track, across U.S.1, was hit by a car north bound and wound up against the call .of Bay Heights. Mr. Plummer: I was there, but actually if we in fact do that, we are the same as closing the street. Mr. French: No, you are not because you can still enter it northbound from U.S.1, which traffic does do, but the traffic coming across U.S.1 and entering it, and all the way across from even though you have right turns only off of /. The signs do not stop the people, apparently from going back out when they are not supposed to , however there is a way of stopping them by putting a barrier on the ground, the cement points which a car will not drive over, and no driver will drive over them. This is what is contended now, and if you have those points there. there will be no way to drive back out on to U.S.1. Mayor Ferre: 1 want to make a statement here at this point and Mr. Andrews don't misconstrue this, but this is not a matter that we ought to be going back and forth between the neighbors and the Commission, we are not traffic engineers, that is what the administration is supposed to be involved in. You should have means with all these people and try to work something out and come back with Mr. Plummer: In defense of Mr. Andrews, this is something he only recommended Natoma. and 1 said if you do that Mr. Andrews you are going to generate more area traffic and because of that at the last minute I asked him to put the closing of Alatka, and I am defending Mr. Andrews because it is not his fault. Mayor Ferre: I am not putting fault on anyone, what I am saying is that On important items like this the administration should do half the chewing and half of digesting, and we ought to get half-digested things so we don't go through what we, you know what we are doing here? we are designing streets here and signs, what is this, is that what we are supposed to be doing? To me' that is an administrative procedure, you ought to get somebody in here from your department to gather all these people and have all this discussed and bring us some kind of recommendation. I am willing to go along J.L. now you make your motion and we will see what happens. Mr. Andrews: What you are suggesting Mr. Mayor and members of the Commission is a process that we use almost all the time in reference to our sanitary sewer and highway districts and that is to try to get together with the public, Mayor Ferro: You know how long we have taken on this item? 54 minutes. and you know what we have been doing here, we have been designing traffic right here. We are taking Mr. McNaughton'a job and are doing it right here. 20 12/13/73 Mr. Plummer: Mr. Mayor, maybe it is an invonvenience to you and other mothers of the Commission but if you lived in the neighborhood, the inconvenience we have there, it is impossible. Mayor ''errs: My friend, X am all for it, the only problem 1 have is the method we are using to accomplish it . 2f you want to make a motion, go ahead. I think we have been on this long enough. Mr. Plummer: Mrs. McNeal, would you like to try this and in 6 months, if we can have a re -hearing, if this does not accomplish what needs to be accomplished we can go for the closing. Lister: 1 know Mr. Cassel very well, but if Mr. Cassel lived where Dr. Lister and 1 live, and Mrs. McNeal lives and Mr. French and saw the tragedy, and a police officer because,-- - Mayor Ferre: Mrs. Lister, Mrs. Lister: Dist one second Mr. Mayor, but I have lived with this for 20 years, Mayor Ferre: Do you like what Mr. Plummer is recommending? Mrs. Lister: Yes, 1 do. Mr. Plummer who is a friend of mine and a very honorable citizen doesn't even see what we see. Mayor Ferre: Mr. Plummer sees everything in that neighborhood. Mrs. Lister: Mayor Ferre, do you have children? If you lived in my home, you would sell it. Mayor Ferre: We are all for you. She is taking it seriously Mr. Plummer. I am only kidding him, we are good friends, we just joke around this way. Mrs. Lister: There's an expression, seeing is believing. Mr. Plummer: Mr. Mayor, 1 would like to make a motion based on the proposal of what we have here on the chart with a guarantee that we will review this in 6 months. If this does not do what is needed for that neighborhood, let's close it, but let's see if we can't have the best of both worlds. Mayor Ferre: There is a motion on the floor, there is a second on the motion, is there any further discussion on the motion? Mr. Plummer: Mr. McNaughton wants to speak. Mayor Ferre: You left it up to the City Mr. McNaughton. Mr. McNaughton: I did before the alternate proposal. You have renewed my interest. ,There are both advantages and dis- advantages to stop sign control which is generally right-of-way control. I would really like to be able to acquaint the Commission with those advantages and disadvantages and be able to study the plan. before this would be put in. an area of traffic control, may or may not be, ----- Mr. Plummer: Mr. McNaughton, you heard me say that we would have a review in six months sir, a total review, but for the 1 11 21 12/13/73 • a 0 iJ 0 M proSent tiMe we . are asking you to comply with this plan, and at the end of 6 months if you have recommendations to the contrary, then you can bring them forth. Mrs. Gordon: You have 6 months to study it, okay? t think we can Move ahead with your recommendation Mr. Plummer. There's a motion and a second, and Mr. Mayor will you call the question? Mr. Plummer: May I ask one other question, Mr. McNaughton, may Y ask of you sir, how long will it take to implement this? Mr. McNaughton: The installation of stop signs is a relative short thing, I don't know how are involved here, -- Mr. Plummer: four ---- Mr. McNaughton: to give the information shortly. Mayor Ferre: Mr.Plummer is volunteering his services. (laughter) A motion concerning a petition to close vehicular traffic on Alatka Street in Coconut Grove and to impose a 6 month traffic control device plan as submitted by the Director of Public Works was introduced by Mr. Plummer, seconded by Rev. Gibson, was passed and adopted by the following vote- AYES: Mrs. Gordon, Mr.Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 7. DENYING CHANGE OF ZONING -LOTS 1,2 & 3, BLK 41 NEW BISCAYNE AMD: Attorney Donald Rosenberg: My name is Donald Rosenberg, 1002 Ainsley Building, M3ami,Fiorida. Mr. Chairman and members of the Commission, I represent the Coconut Grove Apt Condominium Assoc. and Albert Sakolsky Trustee, in connection with the pending petition.The primary petitioner is the Apt. Assoc. and I am acting in that sense unanimously on a vote of its Board of Directors, and all of its members who are the owners of the Apt units located in that project. Sakolaky is merely indicental so we won't leave a little hiatus strip in the event the petition might be favorably considered. The building is an existing structure which I am sure you are all familiar with, it is constructed as to maxamize the privacy of the units. it is well protected both by walls and substantial landscaping. The building essentially fronts on. and its main entrance is on Darwin Street, although it does back up to Tigertail Ave. We are asking in this instance for the project to be rezoned from R-4 to R-C. We think the rezoing is logical, that it will be computable with the other uses in the neighborhood, and we think it is a prefectly reasonable re- quest. We might add there are units in the project now which are being used for certain office purposes, as well as residential. All of the present use has apparently created no conflicts either within the building or within the neighborhood, and we think that it has not created any traffic problems, or anything else. The building itself shares certain common facilities with the Coconut Grove Hotel, which does include both a portion of the parking garage and they have certain other common facilities for which they are both mutually dependent. we think is a part of a single complex, and R.C. coning would not be an extension of R-C, which would be illogical, but rather a logical extension of one single project. If you look on the map. if the petition were granted, the entire section of the block would be zoned R-C, 12/13/73 22 the number of objectors are very few. We do have a number of consents from many of the surrounding neighbors. At the original hearing before the Boning Board there was only one objector and that was eobody kind of frustrated from the time before, and said they objected to anybody getting anything. So, again we think the experience is established, and this existing project that the request is reasonable, and we ask that you favorably consider it. Mayor Ferre: Mr. Rosenberg, are you representing Mr. Sakolsky? Mr. Rosenberg: I am for the purpose of this petition, --- I do not generally, that is correct. Mayor Ferre: Is Nr. Sakolsky the owner of these apartments? Nr. Rosenberg: No, the apartments are owned by 28 separate individual entities. The yellow peice of property is the property on which the building is situated, which is really the subject matter of the petition. That little blue strip is part parking garage, part tennis court, which is back of the Coconut Grove Hotel. Mayor Ferre: In other words, Sakolsky made the application in the name of Sakolsky, because he was there in the beginning but he is not a part of the operation now. Mr. Rosenberg: He is not a part of the operation of the building at all. Mayor Ferre: Okay. Any opponents here? Yes, sir. Mr. Joseph T. Calay::My name is Joseph T. Calay, I am here as representative of the Tigertail Assoc. I was present at the last meeting as which this matter was deferred because Mt. Rosenberg was in Washington. After the meeting I meet with Nr. Parker, the Tigertail Assoc objects to this change in zoning because it violates the fundamental principles of zoning, that is, it removes an intermediate zone from an existing zone. The adjoining property to the east is existing, are existing single family residences which as a result of some conversation, --- on the opposite side of Darwin, are single family residences currently being used as office spaces. I have not obtained a subpoena and searched the premises but I understand they are being used as office spaces, and we would like to consider this an official report to the City of Miami of a suspected zoning violation. Mayor Ferre: Mr. Andrews, would you take note of that? Mr. Plummer: Mr. Mayor, I think the applicant stipulates that, don't you, that there are offices being used. Mr. Calay: Commissioner Plummer,may I clarify the matter for you, we are Baying that in addition to the existing subject matter, which the applicant is requesting the rezoning, that there are other violations adjacent to this, on the opposite side of Darwin. This is a rumor I don't have the police power or authority to investigate. We request the City to investigate this. Plume=: Nothing is shown on the other side of Darwin in yellow that says it is the same ownership. Dr. Calay : That is correct. That is not the point. 23 12/13/73 Mr. Calay s We bring this matter up to your attention because we believe,the Tigertail Assoc believes, once you penetrate a zoning boundary, and in this particular case. the property across the street, across Darwin would then have R-C on two sides, of public right-ofmway in R-4 on one side, and the,man would very conveniently come before the Commission and say gentlemen, I am almost surrounded by R-C I would like to have my property become R-C. We are also con- cerned about the property on the north side of Tigertail, where they were previously fronting R-4 zoning, they would be fronting R-C, they would then come and say gentlemen, there is R-C in front of us, and there is a street, and we would like to have R-4 in- stead of the existing R-2. This is a very important matter. We did study the parking since the original building was designed as residences, and the number of parking spaces per resident is larger than for office spaces. They do have parking, adequate numbers available, if you have a key, you can get into their parking lot, or you can leave it at the hotel door, or you can what is becoming an obnoxious tradition in Coconut Grove, you can park on the street. We believe that we sympathize with the situation, but we believe it is a violation of what we must learn to regard as fundamental principles. Once it is zoned, and it is in good zoning practice, that it should be maintained. Mayor Ferre: All right Mr. Calay. Thank you sir. Mr. Carl Norman: My name is Carl Norman, I live at 3740 Solano Road, and this morning speak for the Coconut Grove Civic Club, and again we offer our thanks to the Planning and Zoning Board for the consideration they have given to the Coconut Grove Area, and we congratulate them on their decision to deny this request for change in zoning. Certainly we are opposed to it, and I think it is quite evident that this is trying to be zoning after the fact, but also would be un-locking the flood gates, more and more requests. So we trust that the zoning Board recommendation of denial will stand up. Thank you. Mr. Acton: I do want to point out to the Commission that this particular application comes to you with the unanimous denial by both the Mayor Ferre: We saw that Mr. Acton. Mr. Acton: Besides that this would be an encroachment of commercial uses into a residential zone. The department has been studying Coconut Grove for the last year, holding a series of meetings with members of the community, and we are of the firm opinion that this application should be denied. Mrs. Gordon: I was going to say what Mr. Acton said, that Coconut Grove was under study, that this would be a piece- meal type of action that this Commission has gone beyond of doing piece -meal zoning, having provided funds for comprehensive planning and intending to procede in that manner, so this would be an inappropriate action on our part to grant this. Mr. Gale Baldwin: I live Coconut Grove on Bayhomes drive, and I am one of the owners of the apartments, in this unit, ---- as an erchitech, I shouldn't be in this situation I am in. I own an apartment which I am using as an office, and I fully u nderstand exactly what you are saying. I also understand this, that the situation that we have, is an absolutely good situation from a use standpoint. I am just talking about what is there, bow it is working. In otherwords, we have people that are living 24 12/13/73 there, and we have people working there, and they don't do it at the sate time. So, the essence of the thing works. and I have been talking with the Planning Department, the planning board about how we could make this work and not do what every one is afraid of here. Everyone is afraid of the catapaulting Of zoning. what happens once you do something. What 1 suggest and I think its in agreement, if you vote not today, I am otit. I have to close my office, and go some place else. Where 1 go, 1 don't know. 1 like living and working Coconut Grove, and I don't want to have to move my office. Here is my point, R-4 toning allows conditional use, for Doctors and Dentists and clinics, and the items the Tigertail Assoc brought up is Dr. Martin across the street. He exists in that house, or duplex as a conditional use, which was granted by the Commission. I suggest to you all, don't kick me out, give me a chance, give the Planning Dept a chance to analyze R-4 zoning, and see if the uses we are putting this building to now, are com- patible with R-4 zoning in a conditional use granted by the Commission. Mayor Ferre: Mr. Acton, do you have any response to that? Mr. Acton: Yes, we have done enough study in our Coconut Grove area, also in this particular section of Coconut Grove to realize this would not be an appropriate use for that particular piece of property. Mrs. Gordon: I move to uphold the recommendation of the Planning Board. Mayor Ferre: Is there a second? Mr. Reboso: I second the motion. Mayor Ferre: Any further discussion? Mr. Plummer: Mr. Mayor, the only thing that concerns me is, I am in favor of the motion, the only thing is we have this gentleman who has just come here and said that he is up against a tree, now what do we do in the way of giving him.ntime to relocate? It seems only fair that they should have an unwritten rule that they've got 30 days, 60 days or even 90 days to get out, I think that is fair. That has to be taken into consideration. Mr. Rosenberg: I appreciate what you are saying Mr. Plummer, I think it ought to be given recognition. The people who are in there and who are using the units for office purposes, did so in good faith, without any expressed intent or knowledge at the time they were violating any zoing Mrs. Gordon: Did they get an occupancy permit? Mr. Rosenberg: There is occupancy permit for the entire building. Mrs. Gordon: As offices? Mr. Rosenberg: No. They are condominiums. Mayor Ferre: Is this a rental or condominium? Mr. Rosenberg: It is condominium? They own, but the declaration of condominium permitted•both office and residential use. When they bought, in addition to what the declaration did provide, 25 12/13/73 they were under the opinion, rightly or wrongly, that it could be used for office use. Mr. Plummer: Mr. Mayor, x am told by the legal department that this is an administrative matter, that Mr. Perencik is the one vbo administers this thing. Bob, do you wish to comment on that. Mr. Perencik: Sir, we filed an information, ---Metro Court and the only reason we have stayed, proceeding with the information pending the outcome of this hearing. If you turn this down, we are going to proceed in Metro Court against the two violators that we are already aware of in this building. Mr. Plummer: What I am say is, Bob, you are kicking them out on the street. What are you going to do with them? Mrs. Gordon: Mr. Plummer, that is a legal question. Mr. Perencik: Several months ago, when this thing started, as soon as we became aware of the fact that they had moved two offices in this building we proceeded to give them both notices to move. They asked us for a stay of execution so to speak, to come to this particular day right now. If there is going to be any further delay in their moving out of there, I don't know. I have no administrative authority to tell them they can violate the law . Mr. Plummer: Doesn't it seem reasonable that the man who is in there, I think these people have tried to do right, they have had their day in court, they are obviously going to lose, and I am going to vote to help them lose, just to get movers and things like that, you have got to give them 30 to 60 days to get out. Mr. Rosenberg: Mr. Plummer, when I was originally talking with Bob, I don't know if he recalls at thh time, I told him that these were good citizens, that they wanted an opportunity to have the matter fully heard and explored. I also told him at that time that in the event that they did lose, they would comigt with the law, that it would require some reasonable period of time in order for these gentlemen to relocate their offices and to make what constitutes a major move. I am not asking for an unreasonable time period,a nd all we are saying is that what we are trying to-do here is to give up to a 90, 120 day period within iWhich Mr. Plummer: Mr. Rosenberg, all these efforts are going down the drain, because the legal department says we have no legal authority to do that. Mr. Rosenberg: I think the Commission expresses its wishes in that regard, that at least we will receive some further favorable consideration. Mrs. Gordon: Can we act on the motion and then discuss it further,! 26 12/13/73 • to Thereupon a emotion requesting the City Attorney to prepare the proper legal resolution requesting the planning department to institute a study of Rei4 zoning classification as it relates to certain professional uses; such study to be **bmitted to the City Commission for further discussion and consideration on January 10, 1974 was introduced by Mrs. Gordon, seconded by Mr. Reboso, was passed and adopted by the following vote .. kfl8s Mr. Plummer, Mr. Reboot), Rev.Gibson♦ Mrs. Gordon Mayor Perre. NOES: None. *re. Cordon: I would like to ask the Planning Dept. to study the R-4 classification with this in mind, that if in fact we are permitting certain kinds of commercial uses. Doctors Clinics, whatever, where do you draw the line and why do you draw the line, I would like to know. I want you to come back with a full report. Under conditional usage, I want you to come back and tell me why you draw the line on one professional and not on another. Mayor Ferre: I'll tell you further, Mr. Acton, it seems to me that an architect's office is less obnoxious as far as conditional use than a Doctor's office where patients are going in and out all the time. I don't understand the logic behind that. Mrs. Gordon: I don't either,and I'd like to have that the first meeting in January if you please. Mr. Plummer: May I ask of the legal department, and Mr. Ferencik both, right now we have a clause in our law that says a person can use up to 25% of their home for en office. Is that correct? And the employees must be relatives. Mr. Ferencik: That is right. Mr. Plummer: It is getting to a fine point but I think it is going to come to this, a condominium as I understand it is the same as buying a home. Mr. Ferencik: That is correct. Mr. Plummer: Now, if this man were to use only 25% of that condominium and employees were relatives you would tell him it was legal? Mr. Ferencik:Correct. Mr. Plummer: That is where the inequity is. Mr. Ferencik: We explored this, possibility, Mr. Plummer: There is a discrepancy there. Mayor Ferrer --that is unlikely, Mr. Plummer: I don't think it is, suppose this man comes down to use only 25% of his condominium , then he is legal. Mayor Ferro: Commissioner Gordon requested that this be put on the Jan. 10 agendy for further discussion, after Mr. Acton has discussed it. Mr. Acton, would you please take Commissioner Plummer's statements into advisement in your study and come back addressing yourself to that specific question, because at this point we are moving on to the 9: 30 item, No. 9. 'hank you very much. 27 12/13/73 The Clerk announced a vote was not taken on the Motion to deny the request for change in toning, thereupon A MOTION TO UPHOLD THE RECOMMENDATION OP THE PLANNING BOARD AND DE XNO THE APPLICATION POR CHANGE IN ZONING POR LOTS 1,2 & 3 BLK 41 NEW BXSCAYNg AMENDED, LOCATED AT 2670 TIGERTAIL AVENUE PROM R-4 TO R-C was introduced by Mrs. Gordon, seconded by Mr. Reboso, was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.NOES:None. 8. PROPOSED REZONING -TENTATIVE PLATS -UGALDE & RUIZ SUB AND FALCON & RUIZ SUB: Mr. David Mesnakoff: my name is David Mesnakoff, I am with the law firm of Harris Serkin. We -represent the owners of property known as 4750 7th Street, and we are requesting a zoning change from C-4 to C-2, this matter was deferred previously pursuant to the request of Commissioner Plummer, in order to review certain minutes of prior public hearings that were held in connection with the 7th Street study, as presented at various public hearings last year in March. April and May. Basically we are requesting a change of zoning from C-4 to C2 classification which change of zoning was previously recommended in the 7th Street study by the Planning Department. however it was not passed upon public hearing, the zoning remained the same. We feel that this is the logical zoning for the area in question. The surrounding area is primarily residential, in character and the uses allowed under C-2 would be compatible with the zoning in the area and would allow uses that are com- patible with the area. The 1972 7th Street study did recommend the C-2 zoning and at this time we are again requesting that this property be zoned C-2 in an effort to take a step in what we feel is the right direction and proper direction and we request your consideration of this matter. Mrs. Gordon: Mr. Acton, just as a refresher, ----the Planning Department recommended denial, why? Mr. Acton: Only because we felt that the property should be uniformly zoned, not leave a piece of C-4 in the corner. We are not really against the change of zoning to C-2, we originally recommended C-2 for all this property along Mrs. Gordon: I know you did, that is why I wanted to know why you recommended here different. I'll move that this be approved. here. Mr. Reboso: I would like to know if there are any objectors Mr. Plummer: There were two of record. Mrs. Gordon: None here, so I'll move approval. Mr. Lloyd, City Atty: This is an ordinance, would you read the title Mr. Clerk. And note for the record, each Commissioner bee copies of this ordinance. Mrs. Gordon: And let the records reflect that in the original toning studies for this area, this property was recommended for C.2. 28 12/13/73 Mre. Gordon: This would be in conformance with the original reooMMendrtion. Mr. Plummer: Do I have to second it for the purpose of discussion. Don't we have discussion before a motion is made? Mr. Lloyd; If you wish discussion on the motion, you may discuss, Mr. Plummer: I want to discuss the item. Mrs. Gordon made a nation. Mrs. Gordon: If you want to discuss it Mr. Plummer, I'll withdraw my motion. Mr. Plummer: On discussion, I don't know if my fellow Commission got out to see this, but let me tell you what bothers me on this item. At the left of the yellow track, has just, in construction presently, about four stores at 4790, right in there. The only thing, I have no objection except to the fact that this man has admitted that he wants to put this in to C-2 for the purposes of building apartments. Mr. Mesnakoff: Commissioner Plummer, in order that the record may be clear, as I recall, our last meeting, you said apartment buildings yes, were permitted there. Mr. Plummer: They are not permitted now. Mr. Mesnakoff: In the event of rezoning, sir, and as I recall, I said we did not have any plans for the property at this time, no firm plans, so it was deferred, etc. Mrs. Gordon: Set the record straight, C-2 zoning permits a harmonious blending of both store properties, of certain kinds of uses., and apartments, so there would be nothing in conflict if he built apartments here. Mr. Plummer: The only conflict that exists, that there is commercial on both sides of this application. The only thing that bothers me and I want to make the point for the record, that we now have apartment houses that exists from 47, 45 Ave. all the way west to Red Road almost. What are we generating? We are now generating, if we change this zoning today an area that is not accessable Sao any commercial or back up to the apartment areas such as grocery stores,-----rwe don't have any of those in the area at the present time. You don't have laundry mats or things of this nature, and the thing that scares me is that the next application that is going to be coming in is to change some other zoning to afford accessory back up to all of these apartment' houses. That is why in the Planning study this area was left C-4, so that in fact there could be some of this back up to the residential area which doesn't exist today. Now that is my concern. Mrs. Gordon: J.L. may I also since you and I worked on the Planning Board together, and we are both familiar with this item, if you will recall that this particular site, was left in a C-4 not for the back up reasons of the heavy commercial type of construction but more for the convenience of a certain applicant who wantg to develop, a kind of use that needed a C-4. Obviously that no longer a condition existing, this 29 12/13/73 will up -grade the area. We certainly would not want a body shop or something of that sort to come in there and destroy the beautiful residential area. Unless there is something else to add, I move it now for approval. Mr. Plug: Mrs. Gordon, you might have voted for a single applicant. -,...-I did not, ---- Mrs. Gordon: I was not the one that moved that. Mr. Plummer: ----also that a paint and body shop, it would take the approval of this Commission. All I can say to you is, I am voicing my concern, that there is no reasonable commercial area left in the area, it is now being flooded and completely saturated with apartments, and we know that the next thing that is going to be coming is grocery stores, laundry mats, drug stores, and things of this nature, and when you approve this, you are going to be excluding them from the area. Which usually means that we saw already this morning around the corner, they are going to be dipping in a resi- dential area, and is going to be a bad trend. Mrs. Gordon: I am going to remind you that the last time this thing came up you were concerned with the Chinese Club, and those were the ones, the applicants that received the consideration for the C-4. Mr. Plummer: I disagree with you, you are very wrong. Let's get the record straight. The record is straight that they were the ones that were most vocal at that time. The single application that I think you are referring to is about a 10 story apartment house that is now under construction. They were the ones who forced the study, they are the ones who generated all the objection in the back neighborhood, because of the circular pattern of traffic in that area, so I am voicing the concern,that I know what is coming later Mr. Reboso: A second to the motion of Commissioner Gordon? Mr. Plummer: Since there is no second to Commission Gordon, I make a motion that this be sent back for a study, taking the impact of what I brought forward into consideration, look it over again, and if the study still reveals that it should be, and it is acceptable. I'll vote for it, but I want this consideration to be given. I think it is necessary. That is in the form of a motion. Mr. Reboso: We have a motion on the floor, any second? Rev. Gibson : Second Mr. Mesnakoff: May I present a little further discussion on this at this: time? Mayor Pierre: Yes. Mr. Meanakoffs I have also reviewed the minutes of the Planning Board meetings and public hearings held in connection 12/13/73 30 with this, and the Planning Board, after several hearings, in fact, meeting with the various owners, of the properties concerned and people in the neighborhood, after two public hearings, in- dicated in the Minutes after meeting with these people, that C-2 is still most appropriate classification, it does offer protection for the owners of the commercial properties that are in the area and there are presently sotre commercial properties zoned in the area, and likewise, would present protection to those residential areas upon which this particular parcel on 7th Street back. The study done previously, was quite extensive numerous public hearings were held in that matter, the Planning Department actually met with various owners in the property and all the objectors ,----the objectors primarily were the property owners, who own property on 7th Street, and at this point these are the same people coming in requesting a zoning change to C-2 which was the original classification. The only person that can be hurt by this zoning change would be the same people that objected to the zoning change at the prior public hearings, and that is the property owners themselves, and here is a property owner, taking a step in the right direction in accordance with the tremendous amount of planning and recommendations of the Planning Board made previously and I again request that we, that you allow the property owners to take the step in the right direction, and move for, and accept the re -zoning classi- fication we are requesting. Mr. Plummer: Mr. Vice -Mayor, I guess I have chance of rebuttal, obviously, the thing here is recommended for denial. I am not asking for an entire study that was done before, I am asking for an impact study by the Planning Dept. solely reporting back to this Commission as to the impact this would have on the area. I don't want to belabor through public hearings and complete study, but there have been changes made, the stores just to the west of you does change the complex of the area, so we can hear this on the loth without any question, and if, I will tell you right now, if the Planning Dept comes back and they say they don't feel this would be adverse impact on the area, I'll vote for it, but I think it needs to be, once again, re -studied because their recommendation is denied. Mrs. Gordon: May I ask you, Mr. Acton, once again to repeat what you repeated about 5 minutes ago, you had no objections to this application, you would like to see this application enlarged, therefor the proper motion would be to grant this application and a second motion would be to enlarge the area. Mr. Acton: Your statement is quite correct, in terms of our recommending denial because we felt that if we leave a piece of C-4 inthe corner. I think I know what Commissioner Plummer is stating, he is reluctant to grant this, because there is so much residential development in the entire area, and there might not be enough supporting detail uses, for the area, so we can come back on the 10th and give the Commission, Mr. Plummer:* Let's also make it quite clear, as Mrs. Gordon brought out before, let's hope this Commission has gone beyond a piece -meal type of zoning. It is is in fact, to be changed, then let's Change the entire thing to make it uniform. Let's don't do just one section. Mrs. Gordon: With that in mind, can you enlarge this now so that we can have an additional application before us for 31 12/13/73 • the entire area. Mr. PlUMMers We don't need an application, we can do it ! ` reS01UtiOn. Mrs. Gordon: No. I think it has to go through the Planning Hoard. Mr. Acton: That is right. You would have to send it back. . Mts. Gordon: We could act on this Mr. Plummer, and approve it and send the rest back for planning Board recommendation for an enlargement. Mr. Plummer: On the loth of January, I am in concurrence. Mrs. Gordon: We could not do it that fast. We could act on this now, and send the rest back. Vice -Mayor Reboso: We have a motion and a second. Mrs. Gordon: There has been a lot of discussion and then the mot loner and the seconder could possibly decide to do some- thing else. Mr. Plummer: That is true, we could, but we don't. My :notion still stands. Vice -Mayor Reboso: Any further discussion? Please call the roll. Mr. Ongie, Asst. City Clerk: Rev. Gibson? "Yes" Mrs. Gordon: Will you please repeat the motion Mr. Clerk? Mr. Ongie:The motion made by Mr. Plummer, and_seconded bpi Rev. Gibson would send this bnck-to the Planning Department for an impact study as td-the exact impact this application would have on the area. Mrs. Gordon: That by itself would not solve anything. I will vote against that motion. Mr. Ongies Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Vice -Mayor Reboso? Vice -Mayor Reboso: Yes. The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION REQUESTING THE PLANNING DEPARTMENT TO INSTITUTE A STUDY CONCERNING AN APPLICATION FOR REZONING OF "IIGALDR AND RUIZ SUB", TENTATIVE PLAT #i861 TO DETERMINE WHAT IMPACT THIS APPLICATION WOULD HAVE OM THE IMMEDIATE AREA; SUBMITTING RECOMMENDATIONS TO THE COMMISSION JANUARY 10 upon being seconded by Rev. Gibson. the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Vice -Mayor Reboso and Mr. Plummer. N1gES: Mrs. Gordon. (Mayor Ferre absent) 32 12/13/73 Mrs. Gordon: I would like to moVe a motion to theDepartrnent that they enlarge upon the area. and come back to us, at the sal time that the previous motion conies back to us with a recommendation for their opinion of the surrounding area. An enlargement of the study. Mr. Plummer: You are relating to the C-4 only? Mrs. Gordon: Of course. Mr. Plummer: 1 second the nation, Vice -Mayor Reboso:We have a motion and a second, any further discussion? Mr. Ongie: Mr. City Atty, as with the previous two items, should these requests for studies be made in the form of a resolution to the City Atty to prepare? Mr. Lloyd: No,no, these may be done in the form of motions and the administrative departments can take cognizance of the nations. The following motion was introduced by Mrs.Gordon, who moved its adoption: A MOTION REQUESTING THE PLANNING DEPARTMENT TO INSTITUTE A STUDY ENLARGING THE SCOPE OF THE C-2 STUDY AND TO SUBMIT THEIR RECOMMENDATIONS TO THE CITY COMMISSION ON JANUARY 10, 1974 Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Vice -Mayor Reboso. NOES: None. (Mayor Ferre absent.) 9. CONDITIONAL USE -LOT 13, BLK 1, HARDING HEIGHTS: Mr. Stanley; My name is Allen Stanley, I am an Attorney at 2740 Ponce de Leon Blvd. Coral Gables, we represent the University Federal Savings. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION No. 73-960 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 8 (5), TO PERMIT TEMPORARY USE OF A TRAILER ON LOTS 11, 12 AND N 5' OF LOT 13, BLOCK 1, HARDING HEIGHTS (6-138), LOCATED S.W. CORNER OF S.W. 27TH AVENUE AND S.W. 6TH STREET,FOR A PERIOD OF ONE (1) YEAR FROM DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY, AS A BRANCH OFFICE FOR UNIVERSITY FEDERAL SAVINGS & LOAN ASSOCIATION, ZONED C-2(COMMUNITY COM- MERCIAL) DISTRICT Upon being seconded by Mrs. Gordon, the motion was passed afd adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. (Rev. Gibson absent.) 10. VARIANCE- LOT 11- C & I PEACOCK.3423 MAIN HIGHWAY: The following resolution was introduced by tics. Gordon who moved its adoption: 33 12/13/73 RESOLUTION NO. 73-961 A RESOLUTION GRANTING PERMISSION AS PER ORDfl NCE NO. 6871,E ARTICLE IV, SECTION 39, TO PERMIT PROPOSED ADDITION TO BICYCLE SHOP ON . PORTION OP LOT 11, C & I PEACOCK (B-70), LOCA':'ED AT 3423 MAIN HIGHWAY, AS PER PLANS ON FILE IN PLANNING BOARD OFFICE, ZONED C-2 (COMMUNITY COMMERCIAL) DISTRICT (Sere follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mt. Reboso, Mayor Ferre. NOES: None. (Rev. Gibson absent.) Mayor Ferre: Let's take up 11B, here there was a denial recommended by the Department, the Board voted 9 to 0, recommended variance. Any objectors present? This is to permit construction of addition to existing bicycle shop, waiving 5 of 7 required off-street parking spaces. Mrs. Gordon: Mr. Mayor I would like to ask the applicant and I think he has already stated, but just to put it into the record again, the enlargement you are putting on the building for storage purposes only, will not draw more vehicles to you establishment? Applicant: Neither more vehicles nor more employees. Mrs. Gordon: I move approval. Mr.Plummer: Mr. Mayor, I think we are all familiar with the fine establishment this man runs. He is land -locked, building locked and there is nothing else he can do. I personally don't think that this man generates any vehicular traffic, and I think it is something Coconut Grove wants and likes. I will second the motion, Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-962 A RESOLUMN GRANTING A VARIANCE FROM ORDINANCE M. 6871, ARTICLE XXIII, SECTIONS 4(25) AND (27), TO PERMIT CONSTRUCTION OF ADDITION TO EXISTING BICYCLE SHOP ON PORTION OF LOT 11, C & I PEACOCK (B-70), LOCATED AT 3423 MAIN HIGHWAY, WAIVING 5 OF 7 REQUIRED OFF-STREET PARKING SPACES: ZONED C-2 (COMMUNITY COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer. the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon Mayor Ferre. NOES- None. (Rev. Gibson absent) 34 12/13/73 .1. stcyclatinTwolopt. Mrs. Mordent May t bring up a very abort ------statement, t think that we should ask our Off -Street Parking Authority and any other agencies that control areas for parking of bicycles because we are going to bike to work, we have to hive a place to put the bicycles, so if you accept the emotion I'd like to move that. Mayor Ferre: There is a motion for the Off Street Parking to provide space for bicycle parking. Is there a second? Mr. Reboso: 1 second it . Mayor Ferre: There is a second, any further discussion? Mr. Plummer: Mr. Mayor, is this a suggestion? Mrs. Gordon: No, this is a motion to recommend to the Off -St. Parking to provide bicycle stalls downtown so people have a place to put their bikes when they get there. Thereupon the following motion was introduced by Mrs. Gordon who moved its adoption: A MOTION TO REQUEST THE OFF STREET PARKING AUTHORITY OF THE CITY OF MIAMI TO STUDY A PROVISION TO BE MADE FOR THE PARKING OF BICYCLES IN THE DOWNTOWN AREA Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon Mr. Plummer and Mayor Ferre: NOBS: None. (Rev. Gibson absent) 12.. OBJECTIONS TO CONFIRMING ORDERING H-4369: Mayor Ferre: Are there any objector here on this matter? Let's hear the proponents first, who is going to propose this? Mr. Grimm, Director of PublicWorks: Mr. Mayor and members of the Commission, the City is proposing to develop both sides of Coral Way between 32nd Avenue and 27th Avenue. Mayor Ferre: You mean to continue, ---- Mr. Grimm: ---yes, to continue what we have done to the West. Our proposal includes solving all the drainage problems that exists on this street, to provide on street parking for those businesses that do not have off-street parking and to further provide some landscaped areas as we have done on the western section.I personally feel that Coral Way is one of the City's mere important streets and we'd like to continue this development on and we are doing it in these half mile sections. Mr. Plummer: Nr. Grimm, I think for the record, one thing that you didn't state was very important, that I questioned you on before, that no where is parking being eliminated, of where the people have off-street parking, is that correct? Mr. Gems I did mention that Mr. Plummer. Mr. Plummer: I didn't hear it. 1 think that is basically 35 any objection would tome from -- Unidentified person; I would like a clarification, ---- nowhere ie parking being eliminated on the street Where people don't have off-street parking? Mr. Plummer: That is correct sir. Unidentified person: In other words, if a business does not have access to off-street parking, you will not eliminate parking in front of that business? Unidentified person: That is true, Mr. Stearns. Unidentified person: All right, I would like to add to that, not being an obstructionist, -- Mr. Ongie, Asst. City Clerk: Your name for the record please. Mr. Leonard Stearn: My name is Leonard F. Stearn, and my properties involved are at 2920 Coral Way on the south side of the street, and I am also a multiple property owner on Coral Way and by virture of my experience as the owner of my present business which is on the 3600 block of Coral Way on the south -side of the street. I'd like to tell you what transpired, and as I said I don't ever want to be an obstructionist. Mr. Leonard Stearn: I am opposing it on the proviso that you will not go along with that which I am about to suggest. Our property along Coral Way is rather expensive and for the purpose of providing off-street parking onCoral Way. at a price of about 1500.00 a front foot on the 3600 block of Coral Way. I purchased property there and provided a parking area. Our taxes have gone up and I can understand that. The cost of government has gone up like everything else. I am a business man and I am understanding. With reference to the piece from 32nd Avenue to 27th Avenue, in your notice you speak and mention the name of Coral Gables which is an adjacent city and a very beautiful and lovely community, and if we are attempting in any way to emulate Coral Gables, the beauty of Coral Gables, I would suggest that this Commission consider on the privilege of right of eminent domain to take over some of the property on 22nd Terrace and provide for the merchants in this expensive land area, adequate off-street parking so that the area can be further developed and further taxed by virtue of its added value if ultimate customers are able to park and patronize those shops along Coral Way. I would like to say, and this is from past acperience, I would like you to hear me, I came before theCity Commission many yearp ago, et a time when Commissioner Gordon was a member of the Planning Board, and the Planning Board unanimously approvedruse of abutting property. I bought at a tremendous price, what I would consider 3rd rate shack on 22nd Terrace abutting my properties, and I want this to be understood, and I paid a considerable amount of money, and I came before the Commission and the Commission turned me down for privilege and right of egress; ingress, from 22nd Terrace. This is the point of objection 1 want to make, ---if you are diminishing the parking ability on Coral Way, then I would like you as a Commission to investigate and simultaneously come up with some provision whereby without further having to come before the Commission for approval, that the beak properties abutting Coral Way would be available for pang, and we will not hurt the residents therein, because the paces Wti.l have to pay, --and are paying for the back properties is prohibitive, even at this time, so I say, simultaneously, come mp with mom► sort of plan whereby the Terraces abutting Coral Way 411 become available for parking with privilege and right of egress IMMe the Terraces, Thank you, 36 12/13/73 Mr..i' on iGriffiths: icy name is Don Griffiths, we own Griffilrs office S ply, YIi1Y11Y►i -- Mayor Ferret We are late, so would you make it short? Mr. Griffiths: Whit 1 would like to say is this, 1 envision that Coral Way is going to done from 37th all the w ay down to 3rd Avenue, is that right? Mt. Grime: I hope so, yes. Mr. Griffiths: I don't feel it is fair for the merchants on Coral Way, the way you are doing it, you are involving 27th to 22nd, or however you are doing it now, or 27 to 32 Avenue, and you are involving only the merchants in that area now. I would like to see the Commission delay this thing and bring in the 200 business people on Coral Way, --I am aware the people planning this are not business people, I don't think that you are aware of the problems we are having on this Street. I'd like the opportunity to sit across from the Planners that are doing the work on this street, and discuss the problems we are having and I'd like to know what the plans on this street, -- envision of what is happening to Coral Way in the next 20 years, because I don't have the slightest idea of what you envision or what you hope to accomplish, by putting your planters there and the amount of traffic on the road and everything else. I think this is something we should at least have the opportunity of hearing and I think that there should be some hearing on our side too. Now, our particular business,there is going to be some parking left on Coral Way for us, but the thing is this, any- thing that happens to this street is going to affect all the businesses, just not mine, and I would like to think that we are intelligent enough to be able to come up with some kind of proposal that is going to help all of us, and this is not being done. This is where I am objecting. I don't know what type of time schedule you are on, or how big a hurry we are in, but I would think that this would be a reasonable request. Mr. Plummer: Mr. Griffiths, did you read the agenda sir? Mr. Griffiths: Yes, I did. Mr. Plummer: Did you see the wording above where it says 12----let me be more specific, --'It says public hearing' -now that is exactly what you are asking for and that is what is scheduled today. All the people interested in this were notified, ----this is the public hearing. This is what we did, and are asking the people to come here, we will be glad to tell you what is going on, we have a booklet here which shows what they are proposing,the map is here, we are not trying to pull any wool over anyone's eyes. This is a public hearing, that is what we are here for, that's what we hope you are here for, and the other people who wish to speak, and let this, ---let it all hang out, as Father Gibson says. Mr. Grimm: Mr. Griffiths has been to our office to see these plans previously. Mr. Plummer: Mr. Griffiths of course was concerned with that area immediately adjacent, he is bringing now to the point of the over-all plan which I understand, but I don't think he Understands, that this is a publc hearing. That was the purpose of it. 37 12/13/73 • Mr. Griffiths: In otherworda, you are going to take time to tell me this morning then, what you envision is going to happen to Coral Way in the nekt 20 yearn. Mt. Plummer: If you can visualize for the next 20 years what Coral Way or anything else is going to do, let's you and I go into business. We will make a fortune. Nobody can do that, but we have plane of what we wish to do, and that is what you are entitled to see, if you'd like to look at this book, or any one of the objectors, to see what is envisioned, you are welcome to, but this is the pubic hearing, this is where we asked the people to come down and make your thoughts known. Mr. Griffiths: I think you are aware of the fact that a lot of the businesses on Coral Way are working people, and can't come to a public meeting, in other words, you are going to have a final hearing on this and pass it yes, or no? Mr. Plummer: We are :ping to have the first reading on it and another reading in 30 days. Mr. Grimm: I might add Mr. Plummer for your information that invited these people to the office everyday for a week plus I kept the office open till 9 o'clock at night so they could come down and see the plans in November and not one person showed up anytime. Mr. Griffiths: You are going to have another hearing in 30 days from now? Mr. Grimm: If the Commission passes this today, this is it. Mr. Plummer: We notified everybody this was coming up, and as I say, Mr. Stearns: I would like to ask, seriously, you notified the property owners, I happen to be a concerned property owner and in answer to what you are saying, listen clearly, the majority of the merchants on Coral Way are not property owners and the owner of the property, for instance my tenants are stuck in my property there with 5 year leases. They don't even know about this. I happened to be concerned enough to come down here and attempt to bring about something, but the tenants along the street, so the average landlord says, now look, he is stuck with a 5 year lease, what is the use wasting my time coming down there. The people who are really concerned are the people who have a lease -hold interest there. the man that is leasing the property. These people are totally unaware of it. Their jaws will drop the first day the machinery gets in there tearing up the streets. So the only one notified is the property owner, and not the owners of businesses in long term leases. Mr. Plummer: That is well and good. What I want to say to you is,it is not the tenants who are there today and gone tomorrow that is going to pay the bill, it is you. Mr. Stearns: The bill is incidental. Mr. Plummer: I am glad to hear you say that. Keep that Mr. Gringo in the record. he says the bill is incidental. US. Mr. Stearns: $400.00 for every 50 ft.----that won't kill $r. Plummer: That is usually the main objection we get. 38 l2/13/73 Mr. Plummer: t am glad to hear you say that, but What t am saying to you is, how far do we go notifying people came down here becauae our main responsibility is to the Man who is paying the bill, mainly to the people of the City but we have to mite sure the man who is paying the bill knows what he is paying for. Mr. Stearns: Please consider the allotment of that 22nd Terrace property for off-street parking. Mr. Plummer: t have some definite thoughts on that. What are you advocating, are all of you advocating that this thing be held for another public hearing, is that what you are advocating, Mr. Griffiths: I would like to kro w more about what is going on. I don't know enough. Mr. Plummer: You see, you as well as all of these gentlemen, had in a letter the opportunity to come down and visit Mr. Grimm's office, it was open to show you, Mr. Griffiths: I agree with what you are saying, but you are only talking about a small section of Coral Way, now you are talking about doing the whole thing. Mr. Plummer: Well, but Don, unfortunately, we do what we can and when we can, Mr. Griffiths: I'd like to think we would be able to help you, and you would be able to help'us,--- I don't if that is possible or not. Mr. Plummer: Mr. Grimm, I know this is going to rub you wrong sir, but this Commission has never been accused of being unfair to letting the people know what is going on, can you schedule a meeting between now and the, no you couldn't in a week Mr. Andrews: If you are going to postpone this and notify everyone, and to take into consideration the lease -holders that the other gentleman was talking about, you'd have to schedule this for re -hearing, -a resolution confirming the ordering on the 2nd meeting in January so Mr. Grimm has time enough to get notices out and we would hold a separate hearing from the Commission, Mr. Plummer: Mr. Grimm, how much damage is that going to do to you sir, --- Mr. Grimm: It doesn't do any damage, Mr. Plummer. Mr. Plummer: I am going to make two motions, the first one is that we defer this to the meeting of Jan. 24 for final action, that in the interim period a meeting will be held after public notification to the people vitally concerned, and meeting held by the Department in the evening, for them all to attend, and then bring this back with all those thoughts known on the 24th of January. Mayor Ferro: Is there a second to that motion? Call the roll for deferment The following motion was introduced by Mr. Plummer. who moved its adoption: 39 12/13/73 A MOTION To DSF1R CONSTRUCT/ON OP OBJECTIONS TO CONFIRM./NG S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 UNTIL JANUARY 24, 1974 TO PERMIT A MEETING WITH AFFECTED PROPERTY OWNERS IN THE PROPOSED DISTRICT; SUCH MEETING TO BE HELD WITH THE DEPART- MENT OF PUBLIC WORMS IN THE EVENING HOURS Upon being seconded by Mr. Reboso, the motion was passed end adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre, NOES: None. Mr. Plummer: My next motion, Mr. Mayor that no further confirmation of any districts as relates to highway or sewer improvements will be brought before the commission before a meeting has been held in the general locale of the improvement by the Public Works Dept. Hopefully that will fore -stall all of this objection here at the Commission, and I think Vince, if you do that, Mr. Grimm: Mr.Plummer, we have never, never brought to you any public improvement without one or more public hearings. I cannot drag these people to these ineetings. Mr. Plummer: Was there a public meeting held on this? Mr. Grimm: Yes, on the night of November 6, for one solid week. Mr. Plummer: Wait a minute,---- Uri-identified person: I did not get a notification, Mr. Grimm: It is in that letter that Mr. Stearns is waiving around that everyone of you got. Unidentified person: No, sir if you look on the date of that letter, you will see the letter is dated Oct. 24th. Mr. Plummer: Mr. Mayor, I am trying to do this to forestall in the future Mayor Ferre: These things happen, Mr. Plummer: So I won't make the motion. Mayor Ferre:-se, now you got it, take up next item. 13. VARIANCE -LOTS 11 & 12, BLK 3, GRAPELAND PARK: Mayor Ferre: How many objectors are here on this, 1,2,3,4,5,6,7,-----how many wish to speak? Two? Mr. Simpson: Only the B portion of this item is an appeal, the A portion comes with a recommendation of both the Board and Pianniig Dept. Mayor Ferre: We have to vote on it anyway. Mr. Albert Qunntell: Mr. Mayor, my name is Albert Quintell Atty. 150 S.E. 2nd Avenue, Miami, this matter was being handled by my law partner Robert Traurig, and our office did not receive notice that we were going to have this hearing today until y►etor ty. ldr, Traurig is committed at another hearing today, Ferres Haw could that happen? 40 12/13/73 • Mayor Perre: May 1 ask how a proponent on an item like this, not to receive notice that it is going to be on the agenda Until the day before? Unidentified person: Christman mail, ---- Mayor Ferre: 1 see, what is the will of the Commission, Mrs. Gordon, do you want to postpone it? Any objections to postponing this out of courtesy to the Atty, because he only got notice yesterday. You want to oppose his request to postpone?(inaudible) No, that is not what I am asking, listen to me, --this gentlemen says that his law firm, and they represent the people, only got notice of this .meeting by mail yesterday, and as a consequence of that, they are asking the courtesy of a postponement. I am asking if you object to that. Do you object to it being postponed. We have three objectors to it being postponed, in other words they want to have it heard today. Anybody on the Commission have any thoughts on that? Mr. Plummer: Let's get down to the nitty-gritty here. Dave, you heard what the gentleman said, that he only received notification on the 12th,- Mr. Simpson: All notices were mailed from my office on Dec. 3,---- Mr. Quintell: I think your records might show sir, that you did not mail to us a notice. Mr. Plummer: I think he is only charged with mailing it to the applicant, or the owner, and Mr. Quintell: By doing that, the applicant had assumed that we had gotten the notice,and it was only yesterday when he called and said, when are we going to meet and discuss this? Mr. Plummer: When did he get the notice? That is the point. Is the owner here? Mr. Quintell: No, sir, he is not. The architect is here, and I picked up the file yesterday afternoon and tried to familiarize myself with it. Mayor Ferre: These people have been here waiting and they have all come to be heard on this item, and it is not the City's fault that you are, --the owner of the property did not know enough to call his attorney. Mr. Qunitell: We ask your indulgence by reason of the fact that I was totally unfamiliar with it until yesterday afternoon. Mr. Traurig handled it before the Planning Board. Mayor Ferre: What is the will of the Commission? Mr. Plummer: Maybe Mr. Mayor, have the best of two worlds. We can try anyhow. Could we hear from the objectors today and make that a matter of record and hear the item at the next meeting. Is that possible? ,Mayor Ferre: That ie not fair to the objectors. 12/13/73 41 Mayor Ferre: They want to hear what the proponents have to say. This man here is not ready to discuss it because he does not know what he is talking about. The who was going to discuss it was unable to be here, and unfortunately it is one of these things that happened where you have a mis-hap of lack of information. 1 understand that it is an -imposition on you, and there is no question about it, and I recognize it, but I hope you find it in your hearts to extend the courtesy to this man to have it heard in the meantime nothing is going to happen. Yes, go ahead, Mr Young: 2612, S.W. 20th Street, this gentleman's partner had notice the same time we did at the last meeting, it was going to be held today. If they didn't get a notice, he still had notice, at the last meeting his partner attended, so 1 think he should come prepared to take care of the business. Mayor Ferre: What is the will of this Commission? Mrs. Gordon: I think we have to hear the case, under the circumstances. The notices were served in time, they wern't received in time, but the applicant has a valid request, and so does the objectors, I think we ought to hear it. Mayor Ferre: Is the architect here to explain? Unidentified person: Yes, he is, by the way, this came up on appeal, the appeal was filed by mail by Nov. 21at, and we didn't know that it would automatically be scheduled on this agenda. Mayor Ferre: The property owner did get the notice, the problem is that the property owner did not tell the attorney until yesterday. That is not our problem. Mrs. Gordon: We have to hear the case. Mayor Ferre: The Chair is going to rule on this, and I am going to rule, that since due notice was given, and since citizens are concerned and have been here to hear this case, that we are going to proceed with the hearing of Item 13 A & B. Go ahead and present your case. Mr. Quintell: All right, sir. This parcel of property is situated at the SE intersection of SW 27th Avenue and 20th Street. The property is already zoned R-C. The reasons for the request, which you find on your agenda, first the item A, we have a lot of substandard size, sine the widening of SW 27 Ave. Mayor Ferre: Excuse the interruption, but I want to announce i t is now 12 after 11 o'clock. I am going to give this item one half hour, no more than half an hour, and as soon as the half hour is through, we are not going to take up item 14 or 15 until after we have taken up items 17, 18 and 19, and then we will return to items 14 and 15 and the Downtown Zoning Study from my estimate, if we can move as quickly as we can, we will come up around noon time. All right, proceed. At. Quintell:We believe that the fact the condemnation was taken from the parcel leaving it substandard size, certain creates a legal zoning hardship, and that we are entitled to the variance as the planning Board recommended by a unanimous vote on Item A. Now, the next few items concern a variance of lot coverage, 42 12/13/73 to permit us to cover 34.1% of the lot, when 28% is permitted, and to permit us to have a front set -back, that is on 27 Ave. of 16 ft. where 20 ft. is permitted. The reason for these variances, is the design objective that the owner and the architect Mr. Milton Harry, had when they planned this building. The design that we have, and you can see a model of it here, was to produce a building that had visually free from on -site parking, and it would be more compatible with residential neighbors than what you might find other typical buildings going up in this area. In order to obtain that design objective, and to maintain optimum ingress and egress for the parking, it was necessary to move the building and encroach 4 feet into the setback. Originally this had been suggested for the rear setback, at one of the earlier planning Board meetings they said no, that would raise objections, put it on the front, so that is where our present plans calls for. As a result of these two variances, I think this is very important, there is no gain in the permissible cubic area of the building, and the reason is the voluntary setbacks on the upper floors which create a more pleasing architectural design. This building, incidentally is owned by Edward Raden, who is an officer of Southern mortgage Company, which has a building across the street just to the north of this on 27th Ave. This building also designed by our architect here today, is a recipient very proudly of a building -of -the -month award from the City of Miami, Dec. 3, 1971, for architectual excellence and outstanding contemporary design. This is what we are trying to do, as another creation of this type on this lot. Another significant thing about it is, it is a building for a single tenant, we are not going to have multiple tenants in there. The principal objection last time at the Planning Board, seems to revolve around the fact that they thought there was not enough parking. In this building, we are proposing today, we are provided 10 off-street parking spaces. The City Code would require 8 spaces. In the Southern Mortgage Co. Building, where there is presently a Bank temporary located until Jan.1, we now have 9 parking spaces. We are willing to expand that to 11 spaces, to meet the current City Code, and to have out of that 11 spaces there, 6 of them are needed for employee parking, the other 5 would be for visitors. Southern Mortgage business is not the type that would have a large in and out, but during the time the bank has been a tenant there, until it opens, they had asked their employees to park on the vacant lot which is the subject of today's application, and that will cease just as soon as the bank moves out. One of the Planning Board studies shows that actually at no time did they find the parking lot filled up at Southern Mortgage. At this point, I'd like to call Mr. Milton C. Barry, Architect, %ho has designed for presentation to the Commission today, not only the building we want but another building that would comply in every way with the Code, as far as lot coverage and set back goes. Mr. Harry. Mr. Milton Harry: Mr. Mayor, ladies and gentlemen of the Commission, my name is Milton Harry, Architect, 4100 N. Miami Ave. I think the merit of our solution can be beat illustrated by comparing the buildings illustrated in the two models. The building that the Mayor is holding, represents a 28% ground floor coverage. In laying out both of these buildings, I thought it was the same objective, provide 2500 sq. ft. of office space for the tenant. The Building is a 3 story building, providing the required 2500 sq. ft. of office space. The building with the faceted elements, provide the same sq. ft. in a 211 story configuration. The building on the right, my right down there, is actually, ---contains the gross sq. ft. of 3550 sq. ft. -as opposed to the faceted building which contains 3190 sq. ft. 43 12/13/73 Mayor Ferret 1 don't mean to cut you off, but you have bean almost 10 minutes. 1 am going to cut this off in an half an hour, and we have some objectors. Mr. Harry: Briefly, what we have done to generate the 34% ground floor coverage, on the smaller of the two buildings, is to take some of the from the upper level and put it on the Sower level where it covers the parking. In comparing the two buildings wise, the smaller of the two buildings, the one we are pro- posing, has all the parking completely hidden from any side. The parkinglevel is dropped half a level below street grade, and com- pletely surrounded with wall and landscaping. On the other building. the three story building, in order to get the required parking on for the sq. ft. we are generating there by complying with 28% ground coverage, we can obtain only 9 parkin spaces, and we must park in the front setback and the side setback. First we are eliminating the potential of any landscaping or screening. In comparing the two buildings, we have filed the problem identically in both cases. In one case, we have done it in compliance with the Code and been able to provide only 9 parking spaces. no peripheral landscaping, and we produce a building of much larger bulk.On the alternate division, we provided 10 spaces for a building of less over-all sq. footage, we provided peripheral landscaping on three sides, completely hiding the parking from the area. We also feel that the architectural advantage of a sloping glass picking up the sky and trees and etc. will tend to further to diminish the bulk of the building, and make it far more in compliance with the intent of the R-C zoning than the building alternately illustrated. And incidentally, that building we have illustrated as an alternate is now built, or something very similar to it has been built on the N.W. corner, so if jrou want to have an idea of what complying with the zoning looks like, in terms of parking and appearance, the building has identically the same and the same configuration. Mr. Plummer: Mr. Mayor, may I ask a question of the architect? Mayor Ferre: All right, Mr. Plummer: Do I understand you correctly sir, that right now, within the Code, without any variances or setbacks, that is what you can build? Mr. Harry: That is correct. Mr. Plummer: You are saying with the variances and setbacks that this is what you want to build? Mr. Harry: That is correct sir. Mr. Plummer: Mr. Acton, what sayest thou? Mr. Acton: Mr. Mayor and members of the Commission, un- fortunately can't make our statement based on the quality of architecture of a'particular application. We just have to make our recommendations based on the zoning. The applicant did come in, the architect did come in, I'd say two or three months ago and we commended him on the design solution, however our recommendation can't be based on the quality of design. Mr. Plummer: Let's get down to the nitty gritty of this tit ng. Can he build a 3 story structure such as that under the Code. Mr. Acton: blo, sir,--- 44 12/13/73 do o. Mr. pluMmer: He Says he can. Mr. Acton: He is going to have to request variances to Mayor Perre: Variances to build that, - Mr. Plummer: Let me follow through, please, he says he can, are you saying he can't? Mr. Acton: I can't give you a snap judgment. I can't, I don't know,---- without evaluating the structure, Mr. Plummer: I think it makes apoint to the objectors. If what you are saying is true, I sure the objectors are going to look at this thing a heck of a lot different, of a three story as opposed to a two, did you submit sir, the original hearing. Mayor Ferre: Let me follow up on your point, because I think Mr. Acton, forget what has been presented here, let ask a theoretical question, can a building be built on that property zoned R-C. Mr. Acton: Yes, sir. Mayor Ferre: Could it be possible that a building like that on the left could be built? Mr. Acton:Possibly, yes. Mayor Ferre:----if they met the requirements without any variances? Assuming that these people, ----are not lying about it, then we go back to the point, this is not to you but to the objectors, and this is something that you in the neighborhood have got to take in mind. Mr. Plummer: I heard Mr. Acton say that they couldn't build this building without variances. Didn't I hear you say that, sir? Mayor Ferre: Maybe. Mr. Plummer: No maybe. I heard it. Mr. Acton: I thought you meant the original application when I made that statement. Mr. Plummer: I held the two things up, I said, can they build this building without the variance? Mr. Acton: I don't really know without taking that building and taking it in terms of ordinances. They probably could build a 3 story building, with enouth setbacks. Mayor Ferre: J. L. excuse me, your point is a valid point, but he is hanging it on a technicality, which he is absolutely right in. He hasn't studied that, but the way to over -come that is to ask the question, ----could it be done, okay, and he says yes. I assume these people are not lying: Mr. Acton: What I am saying Commissioner Plummer is I don't really know, without taking that three story structure 45 3.2/13/73 and evaluating in term of our zoning ordinance. Mr. Plummer: You see, Mr. Mayor, the point 1 am trying to make is very simple, this gentleman is making a point that this can be done and the objectors are listening. I guarantee if I was sitting there objecting, and I got to be confronted with a two story building or a three story building, there is no question which one i am going to take. Once again, I want a oiarifioation, yes, or no. it is going to make a bearing on whether they are an objector or not. It is only fair. Mayor Ferre: That, Acton has to study it, he can't look at that little thing and tell you. Mr. Harry: Mr. Mayor, I'd like to read the criteria to which I designed the 3 story building, and see Mayor Ferre: No, we are not going to get into that Mr. Harry, that will take 10 minutes, and I am not going to let you do that at this point. I would like for Mr. Harry to take those two models and put them down so the objectors can look at them closely. They can't see them from here, because that is what we are dealing with. Assuming, that your statement is correct. I think they have to recognize and I assume, and this has to be checked out, we are going to check all this out. I want the objectors to see, that what these people are saying, stop me if I make a wrong statement, is that one of those two buildings is going to be built. Mr. Harry: That is correct. Mayor Ferre: It all depends how we vote here. You are going to get one of those two buildings. What they are saying is, which one would you rather have. The one on the right, and I am assuming that no mistatements are being made, is completely within the law. The one on the left is the one they are trying to get. Rev. Gibson: Mr. Mayor, I want to put myself in the position of the objectors. I think that, and comes out of an experience with Mrs. Alexander, ----I think if we were to have the planning department go back and check out to see whether your story *s correct, I am like J.L. I think if the people have a choice, they take one position, if they don't have a choice they take another. I would rather have the Planning Board go back with the architect and the residents, check out that building to see if he could build the one that he doesn't want to build, to see if he could build it without a variance. If he can, tell the people, and if he can't tell the people also, then he has to come to us and say to us, I can't build that building without a variance, so I want you to give me a variance, otherwise J.L. what they would be doing, if they misrepresent here, Mr. Plummer: Father Gibson , may I stop you, please,I don't want the record to reflect, that I am aaying that this man has misrepresented facts, I am only asking for the concurrence for what he as said with the Planning Department . I am not saying this man is lying, ---- Rev. Gibson: No, no. that is not what I am saying. I am saying that Mr. Acton said to us, and I must sustain Mr. Acton, that he has not checked those plane and he does not know, and I think we are wasting time, I hope I am not saying the wrong thing, I think we are wasting time unless we say to Mr. Acton, you 46 12/13/73 • along with the citisene and the architect, check this business out, After you have checked it out, explain to the oitisens What their rights are and what can be done and then let them decide, get that understanding, and come back and tell us, you may agree to do a lot ofthings before you code to us. Mayor Ferre: I concur with what Father Gibson is saying. I think that Mr. Acton you ought to take this under advisement and meet with all these people in the evening at their convenience sometime, and have the architect come down and go over all.these binge and then come back, and at that point your objections may be the same, and may be different. I don't, but at this point I don't think we have given this enough opportunity to aired. Mr.Plummer: Mr. Mayor, I concur with the deferrment, I tell you, as a Commissioner sitting here, if I have got to v ote on a 3 story building or a 2, I'm telling you I am voting for the two story building because it is going to be less density and that is the way I look at it, and I think this will have a bearing. It is not a choice, he is going to build one or the other, and I want to be able to analyze it in fact, he can build that other building, because if he can, I will vote for the smaller building. Mayor Ferre: I am going to listen to the two objectors. Mr. Delmar Young: This was all aired at the last Planning Hoard Meeting. The building on my left could be built within the restrictions already set up by the zoning board. That was discussed at the other meeting, that they could build that and inferred when he left at the last minute there is going to be a building built on there regardless, and that was the one he was intending to build on there if he couldn't get the variances on this building on my right, Mayor Ferre : And you'd rather have that building? Mr. Young: It isn't what I'd rather, it is what we would get by adhering_ to the zoning ordinance as it is, and as our forefathers planned it years ago. Mayor Ferre: You want it adherred to, is that your point? Mr. Young; That is right. The Zoning Board should adhere to the recommendations. Rev. Gibson: Sir, what I was saying is, for instance, if you were told, what the alternatives are, and if you saw, as he said, there is another building that will demonstrate what they are trying to say, you may not want to object. One other reference, I saw the Miami Dade Jr. College building, in Downtown Miami yesterday at the dedication. I came back with an abiding faith in humanity, that here was an architect, who took a piece of land, and so design a b uilding, that it looked as people were alive inthat building, based on the location and how it was structured. All I am saying sir, we would want to give you the same opportunity, you may get a much better looking building, and maybe for less, if you have to get a variance, one straight building, out of shape, bad looking, bad taste, based on that, based on that. But if you don't want to do that, we will have to go ahead. 47 12/13/73 Mt. `!Young: Father Gibson, this has been kicked around for four ronthe, off and on, and could be kicked around another four Months, if they desire. The building they said they would buiid if they didn't get the variances, doesn't look too bad. We'Ve got them across the corner, we've got them on the next corner, across the way, north and south, so it would conform to the community, and as far as he is saying, is only a two story, they are both three story buildings, one is set down three and one half feet in the ground, which is going to make parking bad for them, but if they are so over the Planning Commission's head, the Board here, I don't like to see anybody throw a threat around that they are going to it, regardless. Mr. Plummer: What I am saying to, they are not threatening us, they are threatening you. I don't live there sir. Mr. Young: The gentleman here before threatened the Board that there was going to be a building built there regardless. Mr.Plummer: That is not a threat, sir. He is saying, and still saying it, ----all I am saying to you, very simply is, if I lived where you live, and I had my choice of looking at a square box, or an architecturally beautiful building, there is no question which one I am going to take. What I am trying to determine, is, can they legally build that box? Mr. Young: They can legally build that box, within the restrictions. The man said so. Mr. Plummer: I am asking the men I pay, good money, to give me an opinion that that thing can be built without a variance, without any permission, that he can go down tomorrow and take out a permit. That is what I am asking, sir. Mr. Young: I see your point, but you are sticking the property owners around, up and down here and making us come down here, time after time, when you should be doing our work for us with any quibble. Mr. Plummer: That is what we are trying to do sir, Mr. William Bennett: My name is William Bennett, I live at 2550 S.W. 21st Street. We have the real objection here, is a variance, as presented to us before, we have been very confused, never the proper projection of the plans presented to us, but the area was not explained. What I want to say is this, 27th Avenue, up to that point is a dangerous portion of the ground up there, for travel of any kind, and the building, if it is too large, and the variances are not rejected, that the projection of that building, forward into to 27th Avenue is out of line with the zoning laws, it also makes conditions of entering 27th Avenue from 20th Street a dangerous thing. In fact, three cars within four days, were totally destroyed on 27th Avenue with that area. That is the conditions we have. Not only that the area around there is subjected to much over -density with parking. We have it on 21st Street, we have it, you know the reasons there. If we had a similar condition here,and we are going to have them all the way down 27th Avenue, what are we going to have there? We can't protect ourselves. Mr. Plummer: Mr. Bennett, very simply, look at the two buildings sir, okay, there is no question that the building on my right, is inch larger and be more floor area used than the smaller building. One,is a square box, and the other some 40 12/13/73 nice architeeture to it. I ain asking, and reasonably I think that wws should know in fact the difference. And I think you should knew, because more importantly, it concerns you as a resident than it does me as a commissioner. That is all l am saying. Mayor Ferrel Mr. Bennett, let me pare phrase it my opinion and in another way. You are going to get a building there, one way or another. Now, one building is requesting a aeries of variances. The variances they are requesting is on lot coverage, they want 34% rather than 28%, and they want 16 ft. setback rather than 20, but because of the variances they are requesting, they are coming forward with a building which, one on the left, will have more parking, and is a better solution to the problem. This is my humble opinion. Now, if they do not get that building, they are going to put up that building which is a box. You are not really going to solve any of the problems basically you are all objecting to. You are going to have them anyway. Let me tell you an example of something that I r emember when I was on the Commission, and I voted for the neighbors who were objecting to like you are today. Maybe you might recall, and I'll tell you 'here it is, it is on U.S. 1, and is a series of three story block buildings that Mr. Perris built there on U.S.' across the street from the Science Museum. It is a whole series of apartments. Npw, the owner of that property came before us, and had a project to put up one building with 10 stories high and a lot more green area, but he needed some variances. The neighbor's objected to that, and he did the same thing. He brought two models, one model of the property with one building and the green area, and the other one, instead of one building. he had six buildings, three stories high. lot of asphalt and very little green area, but that particular project did not require any variances. It was very clear that archi- tecturally one was better than the other because it left more green area. But the neighbors objected to it, so this Commission, was a different commission, but the Commission at that time voted with the neighbors, and they said, you live to the Code, and the result of it is a series of buildings which some day are going to ODme back to plague us, and the neighbors and I, four or five of them I've run into since then, four years have passed, have told me time and time again, what a mistake they made and how much they regret having the kind of buildings that were built under the Code. Unfortunately sometimes, the Code is such that if you live strictly by it, you don't get as good a solution as if you vary it, and my position has always been, that if we get something in return for it, which improves it, that is the only way we should consider,any variances. It seems to me, just by looking at this, that these two buildings, that the whold neighborhood is better off with the building on the left than the building on the right, and I go back to what 1 think Father Gibson was saying here, I think you really should take the time to go into this in more detail, and let Mr. Acton analyze it, and those of you in the neighborhood have the patience of going through it again, with professional help, and then come back here, ----I am going to tell you how I am going to vote on this, so you understand.. I think, if the neighbors in the area feel strongly about it, I am going to vote the way I voted four years ago for that building, that the zoning be maintained. I think it is a mistake for the neighbor- hood to feel that way. I wanted to point that out to you, but I am of the opinion, always, that unless there is an over-riding community benefit, that people in residential areas are entitled to be protected by toning. I am telling you that I am going to be voting, unless you people have a different opinion. All I am asking you is open your minds a littl1 bit, and consider very seriously what you are doing. because is lay opinion, that you 49 12/13/73 A are gO ing to end up with a better building,with the one on the left than the one on the right. t really recommend that you take a little more time and get together with Mr. Acton, have him get together with you at your convenience, and discuss this further, then we will decide it in January. Mrs. Gordon: I want to ask the architect one very vrief question, because i missed some of the conversation when I left the room before. Floor area ratio is not being varied, consequently what you are saying in effect has a lot of validity, you are covering more ground area but you are not increasing the total floor area of the building, so you are not going to get more money out of renting more space, because you are not asking for that kind of variance. I think that is very important to the neighbors. Mayor Ferre: It is not a bigger building, it is a better cosigned building, and that is the point. Mr. Plummer: Are you telling me that a three story building isn't going to have more floor area ratio than a two story? Mrs. Gordon: No because of the design of the building, if you will notice that there are indentations on the 2nd or 3rd floor, I can't see the front of it right now. Mr. Plummer: Are you Mr. Architect, telling me as proposed here, that the three story building is not going to have the same, any different floor area ratio than a two story . Unidentified person: No what I did say was the floor area was not one of the limitations we were designing to, it is not under consideration in either building, we are well within the allowed, Mr. Plummer: The raised the question and answered it both. What do you think? Unidentified person: What I am saying is actually the three Story building has got more square footage. Mr.Plununer: That's what I thought. Mrs. Gordon: The three story being the one you don't watt to build. Mayor Ferre: In other words, what you are saying is the one that you can do within the law is more square footage than the one you are asking to do. Unidentified person: Exactly correct. Mayor Ferre: Did everybody follow that? In other words, t he building they want to build is going to, ---they don't want to build, will be a larger building than the one they do want to buil Mrs. Gordon: Which means they could accomodate more traffic, more everything to detriment, Mr. Plummer: Take it into consideration. Mayor Ferre: I am going to bring this to a vote in a minute, if you have to say something, say it quickly. Mr. Joseph H. Ruffner: I am Jos. H. Ruffner, I am in the 50 12/13/73 real estate business, I live at 2516 S.W. 20th Street. My Objection to any building up there was the parking situation. Since the Commission has done nothing to solve our parking. -- there is nothing we can do about it, and we do have a choice,-,-- I would recommend to take the building that has more appeal, rather than the three story. Mr. Plummer: I'll tell you another thing you'd better take into consideration, the building nearest me, has the parking beneath sub -level ground, where the other building has the parking up above and on top of the ground. That is another consideration. Mr. Ruffner: So since there is nothing we can do about the parking,i would like to recommend we settle on the 2 story building, and be done with it. Mayor Ferre: Take cognizance of all the objectors and see how they feel. Rev. Gibson: Mr. Mayor, that is one of the reasons I w anted them to go back. I think the gentleman who is in real estate, could say to them more, and they would understand more among themselves and trust what is being said more,than what is being said up here. I would move you sir, that we defer this matter until Jan. 24 and give these people an opportunity to explore these different answers and questions. Mayor Ferre: Quickly, the half hour is up. Mr. J. C. Davis: Honorable Mayor and members of the Commission, my name is Jensen C. Davis and I live at 2650 S.W. 20th Street. I am the one directly involved more than anyone else of the objectors. My property is adjoining the rear end of the building in question. I am the one that will have to look at the two buildings. If I have a choice, there is no doubt I would take the nicer looking building. The only main objection I have, is the fact that there is 311 ft. excavation below which would give a 5 ft. retaining wall, but 18 inches on my property, and I am afraid my gradchildren will be playing on this wall and might fall off and break their neck. This is my main objection. Mayor Ferre: Could that wail be increased? Unidentified person: Yes, Mr. Mayor, the wall is actually four feet from his property line, and could be increased. Mayor Ferre: Would you commit yourself to increasing it. Unidentified person: Yes , I would, Mrs. Gordon: --part of the conditions of the application. Rev. Gibson: Make that a part of the agreement. Unidentified person: I think is very reasonable and we could make it a part of the finished design. Mr. Davie :If I can get a definite commitment out of him to the Commission that it will be increased in height, then I Mayor Ferre: Bow many feet? 51 12/13/73 Mr. Davis: Well, I'll say five to six feet. Mayor Ferre: Ate there any other objections? Mrs. Gordon: All the objectors satisfied, Mr. Mayor, maybe we can act on this now. Unidentified person: This man lives next door, this gentleman, in back of, this lady across the street, I am down the street one more block, as far as I am concerned if he is satisfied, I am satisfied with it. Mrs. Gordon: We can act now instead of bring you back down here again. Mrs. ? Young: My name is ? Young? I live right behind the building that looks just like that on the opposite corner, across 27th Avenue. Yesterday afternoon, I won't worry about looking at that building because I can't see it for the parked cars going to the Medical Clinics, and Mrs. Gordon, please when you get to the difference about office use, let me -see that too, because it must have some bearing with the variances and what is going on in my neighborhood. Mrs. Gordon: I am not sure I follow you, but I'd like to, would you explain to me again? Mrs. Young: You asked about the difference in what types of offices can be Mrs. Gordon: You are talking about the R-4 re -study for additional possible inclusion or exclusion. I could eliminate what is there too, you know? Mrs. Young: Right, and I would like to see it. Mrs. Gordon: There will be a public hearing, if you would 1 ike to be notified,the clerk would do so if you leave your name with him. Mrs. Young: I am trying to hurry, but I am pretty well filled up. Anyway they have mentioned each time about the hardship because of the size of the lot, because of the iidining of 27th Avenue. 27th Avenue was widened before they bought the lot, they knew what they were buying to begin with. Mayor Ferre: That is not a valid point, I agree with you. Mrs. Young: --and I can't see theneed for the comprehensize planning, if we are going to grant three variances at a time for a building in a very small lot. I think it is ridiculous. If that area was not so terribly over crowded, then I would feel different, now I have also heard here that I have no choice other than one of two of these buildings. Mayor Ferre: The one over there is within the law, the question is, is this the better solution to it, if we grant the variance. Mrs. Young: Now, if my house were in the way, and needed to be used, or was creating a hardship to the rest of the neighbor- hood, my house could be condemned, right? Unidentified person: No, only the City has the right of eminent domain. Mrs. Young: T thought Islas talking to the City 12/13/73 Mayor Ferrer She is talking about the City condemning but why would the City condemn your property, ..--- Mrs. Young: 2 am just using this as an example. If you can't go to the City when your area is over -crowded to get some relief from continuing to build and build and build, and can't put in any restrictions because now it is over- crowded in that area, then we've got problems. We need to change the charter. Mayor Ferre: Mrs. Young, what you are saying might be very valid, but right now, the law is such that these people under the law are entitled to put up, Mrs. Young: Okay, then I say, let's change it. Mr. Plummer: What she is saying is the R-C is too liberal to allow such a three story building. Mrs. Young: It was my understanding it was zoned for dwellings and, -offices or apartments, Mrs. Gordon: Offices or apartments are permitted in R-c Mrs. Young. Okay, it could be residential or office, Southern Mortgage is moving the 1st of the year, I did not know that until now, --- Unidentified Person: There is a tenant, in Southern Mortgage, a bank that is building its own building on 27th Avenue and Coral Way, and they are temporarily using the Southern Mortgage space. Mrs. Young: Is the tenant going to take all of those people that are now parking on this spot we are talking about. Unidentified person: The tenant will take the majority of the people, the parking within the Southern Mortgage property is sufficient for their needs. Mrs. Young: The building that is backed up to me, yesterday afternoon, there was two cars, they came off of 27th Avenue, ---- two here backed up to the sidewalk, ---they are up and down my street, that is every day, ---- Mayor Ferre: What you are addressing yourself to is the general problem we have throughout the City of Miami, in R-C zoning, Mr. Tony Wilcox:I know you are in a hurry Mr. Mayor, but the way these parking lots are laid out, she is talking about next door to her, three cars can park in there and tie up the other eight. You can't circle the building. The architect who did the other one did not arrange for the parking. You can go there any afternoon and only four cars parked on it. Mayor Pierre: This matter has been discussed now for 38 minutes so what is the will of the Commission? Let's decide this one way or the other. Rev. Gibson: W. Mayor, I hate to do this, I want to ask these people to sit down and bring this thing back, having worked this out. I just want everybody to be totally aware. If they don't want to do that, you want us to pass the Motion now, we will do it. I'm ready to vote. IP Mrs. Young: I need to be out of the City in aanuary and February. Can you put it off'till March? Rev. Gibson: These Men are in business, Mrs. Young:They are the ones with the problem, V 11 have it after they get it built, but they have it now. Rev. Gibson: I think we all want to be reasonable,--r- Mrs. Young: I am asking to be reasonable, I shouldn't be here today. I am just out of the hospital. Rev. Gibson: You want us to vote now? Mrs. Young: yes, I want you to vote now, but I want you to put the next hearing in March so I can be here. Rev. Gibson: If we vote now you won't have any more hearings. Mayor Ferre: The question is at this point, should we bring this to a vote now, or do the neighbors want this matter deferred so that further study and discussion can be made on it. That is the question. How many want to vote on it right now. The neighbors, there's three or four that want to vote now. How many want it deferred? Okay, we'll vote now, the Chair will accept the motion. Come on, let's go, we have been on this for 40 minutes now. Mrs. Gordon: Mr. Mayor. with the full understanding, that this construction that is being proposed for this building, will be an enhancement for the area, comparing it to what could be built, without this application, I would move that we approve it, and with the full understanding to the neighbors that it does not increase but in fact decreases the density that is allowable for that area, Mayor Ferrer Don't forget the wall. Mrs. Gordon: The wall is a condition of approval, that wall adjacent to the property owner be constructed as the Minutes have reflected. Mayor Ferre: There is a motion, is there a second? Rev. Gibson: I'll second it, Mayor Ferre: Any further discussion? This is to over -rule Mrs. Gordon: It is in two parts, and I think the first part ---- Mayor Ferre: 13-A, okay call the roll. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: 54 12/13/73 • RESOLUTION NO. 73..963 A RESOLUTION GRANTING A VARIANCE PROM ORDINANCE NO. 6871, ARTICLE XI, SECTION 2, TO PERMIT CON- STRUCTION OP OFFICE BUILDING ON LOTS 11 AND 12, BLOCK 3, GRAPELAND PARR (13-21), LOCATED AT APPROCIMATBLY 2001 S.M. 27th Avenue, WITH LOT AREA OF 5,580 SQ. FT. (6,000 SQ. FT. REQUIRED): ZONED R-C (RESIDENCE -OFFICE) DISTRICT; SUBJECT TO CONSTRUCTION OF 5 TO 6 FOOT WALL ON THE EAST PROPERTY LINE (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-964 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI, SECTIONS 3 (1) AND 6, TO PERMIT CONSTRUCTION OF OFFICE BUILDING ON LOTS 11 AND 12, BLACK 3, GRAPELAND PARK (13-21), LOCATED AT APPROXIMATELY 2001 S.W. 27TH AVENUE WITH LOT COVERAGE OF 34.1% (28% PERMITTED), AND WITH FRONT SETBACK OF 16' (20' REQUIRED), ZONED R-C (RESIDENCE OFFICE), SUBJECT -TO CONSTRUCTION OF 5 TO 6 FOOT WALL ON THE EAST PROPERTY LINE (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mra. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. Mayor Ferre: Thank you for your patience and indulgence . 14. POSTHUMOUS CHIEF OF RESCUE- MANUEL PADRON: Mayor Ferre: At this time, it is my pleasure to ask Chief Kenney to come to the microphone and ask the family of the late Manuel Padron to step forward while I read this proclamation. "WHEREAS, the late Fire Captain Manuel Padron, of Miami Fire Department faithfully served the City of Miami for over 31 years and spent substantially all of these years in the emergency rescue service and WHEREAS, Captain Padron's complete interest and total energy were spent in developing an emergency rescue service which came to be highly regarded throughout the nation., and SEAS., Captain Padron's contribution to the research and cardio-plumonary resuscitation has directly resulted in the development of the Miami Fire Department's cardiac telemetry program which rendered prompt medical aid to our stricken citisens, and 55 12/13/73 • • • RSAS, Captain Padron having unceasingly worked to help save iivea and relieve suffering, and on March 22, 1972. gave his own life in this effort and MAMAS, it is anticipated that there will soon be a working title and position of Chief of Rescue within the atruoture and organization of the Miami Fire Department and, W AS, at the time of his untimely death, Captain Manuel Padron was the commanding officer df the emergency rescue service, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF MtAMI, FLORIDA: That in tribute to his memory and re cognition of his outstanding achievements, in the development of the emergency rescue service of the Miami Fire Dept. and upon recommendation of Fire Chief L.L. Kenney, the title of Chief of Rescue of the Miami Fire Dept. is hereby post- humously awarded and conferred upon the late Manuel Pardon of the Miami Fire Department. there being no other person more worthy and deserving of the newly created title." Mayor Ferre: Ma'am, I want to reiterate what this resolution says, and tell you how very proud this Commission is and was of your late husband, and the way he served this community. I think he is a symbol for all the members of the Fire Department and indeed of all the citizens of Miami to remember and emulate. We are very proud to share this moment with you. 15. DEFERRING PRESENTATION OF CERTIFICATE TO AL MARX: The matter was deferred to a later date. 16. CH/LEAN DELEGATION -KEYS TO CITY: At this time a delegation from the sister Republic of Chile was presented the Keys to the City of Miami by Mayor Ferre. 17. CHANGE ZONING CLASSIFICATION- FROM R-1, R-2, R-3, R-4, R-5, C-2 C-4 and W-R to P-R: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF M IAMI, BY CHANGING THE ZONING CLASSIFICATION FOR CITY -OWNED PARK AND RECREATIONAL PROPERTIES, FROM R-1 (OME-FAMILY), R-2 (TWO-FAMILY), R-3 (LOW DENSITY MULTIPLE), R-4 (MEDIUM DENSITY MULTIPLE), R-5 (HIGH DENSITY MULTIPLE), C-2 '(COMMUNITY COMMERCIAL), C-4 (GENERAL COMMERCIAL), AND W-R (WATERFRONT RECREATIONAL) TO P-R (PUBLIC PARK AND RECREATIONAL USE). was introduced by Mr. Plummer, seconded by Rev. Gibson, was passed on its first reading by title by the following vote - AYES: Mr. Rebeso, Rev. Gibson, Mrs. Gordon, Mr. Plummer. Mayor Ferre. NOES: None. 18. CONDITIONAL USE -LOTS 4 & 5, BLK 1, ROYAL GARDENS: Mr. Dan Cavanaugh: My name is Dan Cavanaugh, my address is 150 S.E. 2nd Avenue, Miami. I am accompanied by by client, Mr. Jiohn Shoot, the owner of the Taurus Restaurant. Mr. Plummer: Mr. Mayor based on the recommendation of 56 12/13/73 At. Perencifc, which states that the landscape treatment is more than adequate, the residential structures are neat and good repairs, Bob, do you want to remove this mpletely, -- .. is:this On a one year, or two year review? Let's put it on a three year review, they have shown good faith. Three years good en ugh? Thereupon the following resolution was introduced by At. Plummer, Who moved its adoption: RESOLUTION NO. 73-965 A RESOLUTION EXTENDING THE "CONDITIONAL USE" GRANTED BY RESOLUTION NO. 72-862, TO PERMIT OFF-STREET PARKING ON LOTS 4 AND 5, BLOCK 1, ROYAL GARDENS (20-3), LOCATED AT 3243-45 FRANKLIN AVENUE, IN CONJUNCTION WITH THE TAURUS STEAK HOUSE, IS AMENDED BY EXTENDING THE REQUIRED TIME FOR REMOVAL OF THE TWO RESIDENTIAL HOUSES ON SAID PARKING LOTS FOR A PERIOD OF THREE YEARS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. 19. ENERGY CRISIS--ROBERT P. KUNST: Mayor Ferre: Mr. Kunst, we will now listen to you brief presentation, you have 10 minutes. Mr. Robert P. Kunst: My brief presentation. Thank you. Mr. Mayor and members of the Commission, it is a pleasure to rap with you this morning. I gave you all a copy, an abridged copy of what already I know everyone took a look at the Village Post that was sent to them two weeks ago, and all the recommendations, --- Mayor Ferre: I haven't, --- Mr. Robert P. Kunst: ----okay, on the other hand, there is an abridged copy , here so you don't have to run through the whole thing. I'd like to, no go over all 20 proposals but would like to highlight the few things for the Commission's attention. Really the most important thing as I see it, is point No. 14 on the sheet which to establish an Energy Crisis Committee to develop ideas and feed back from the community. And my proposal is that this commission authorize Mr. Andrews or your own commission to call a special session where people can come in and give feed -back as to what they think are ideas of what to do during the up -coming energy crisis. I have heard very little about what Metro is doing or the City of Miami is doing, for that matter the State of Florida. It seems we have an awful lot of controversy, and we don't really know where we are going, and there any many ideas that could come from the people in the community who basically have lost, I think a great deal ofconfidence in government, and who would be willing to make in -put if the commission here would be willing to listen to them. And I am not talking about having 10 minutes, I am talking about spending a day, and getting feed -back from O e community on a lot of issues. That is point #14. I'd like to 57 12/13/75 ask your consideration for that but on the other hand let me get over Borne other ideas. No. 1, I was very interested in the proposal of buildings that's conning up. It seems to me that this Commission should be considering the use of parking space also for bicycles and other transportation, beaiees automobiles. I think this COmmiesio n should require every building that goes up to provide bicycle space, every public building, every office building, and that type of thing. I am not talking about homes. We have got to start re -directing our attention to the fact that bicycles are not for recreation solely, that they are a means of transportation that are used by tens of thousands of people in our community, very dangerously un- fortunately at this point. But I would like to add that consideration also. Point #6, the fact that the City of Miami should encourage a reduced parking rate for those people who come in fully loaded cars. I think that should be given a consideration, that is very important. The City of Miami should establish bicycle parking space, I understand that was just passed -this morning. Mrs. Gordon: Yes, it was. Mr. Kunst: I congratulate you on that , and I am sure a lot of these other things can be incorporated in the same thing. There is also a lot of work theCity can do with Metro. There is a million and half dollars that was allocated by Metro for a decade of progress, bond issue for bicycle paths. The question is, that Metro has allocated this type of money for the next four years. You won't get those paths until 1976, because the plans by Metro is for recreation, and not as a means of transportation. We would like the encouragement of this Commission to get Metro to spend the money now, so we can have all our bicycle paths within a year and not four years. There are a lot of things here that need a little push from this Commission to work closely and with Metro. All of these proposals are here. Point # 10 is important also, and that is the creation of Sunday Malls. I am talking specifically now of the Coconut Grove area. I spoke with Metro traffic about the possibility of closing McFarland and a block and half of main Highway, and they said to me, well that is the simplest proposal we have ever had, just for a Sunday, make it a Mall. The traffic would flow much freer, because the traffic lights at McFarland and Grand would not have to be in Use. They could go straight across from Grand, and still there are entrance ways into Main Highway, and this could become a people's area, a community area. So I want to throw these things up for consideration, because I know when you plan on calling for a public hearing on ideas for the energy crisis, that I will be able to spend a lot more than 10 minutes and really get down to these things. But I hope you will look at these things right now. In my article, it just so happens I wrote this article next to a fine picture,----of,----Mr. Ferre, I am sorry you are not in here, but these are our Commissioners, and a former Mayor Kennedy who officially opened up the new Grove Park that is on 22nd Avenue andSouth Bayshore. On the first page, when I was talking about the energy crisis, I was talking about the fact that there are going to be major changes in our life-style, and the fact that we are going to develop a new consciousness in our community, and that we are going to have to deal with the greatest energy crisis, and that is namely, how we relate to, and love each other. All the stuff 1 gave you before is very fine on a 58 12/13/73 • Material basis, and what happens to gas and oil, but I am not really concerned about that, because there is something else happening thak I'd like to bring to you attention. That is the question how we relate to each other. On Monday, Dr. Alan Rockway, Guru _ ?. this gentleman attd ntyaelf, want to Mr. Andrews and we presented Mr. Andrews with a concept, and I Mould like to read it to you, because it is very brief. " We wish to apply for a permit to use the New Grove Park on 22 Avenue and South Bayahore Drive, for a Love -In community festival from 11 A.M. to sunset on Jan 5 and 6 12, and 13 and 19 20, 1974. The festival activities would include, rap sessions, free food, meditation, yoga chanting and other small group work -shops to be dispensed throughout the Park. The activities will be well planned and convenient for the City of Miami, as well as those planning to attend. We plan on less than a thousand people, to be there and our request to the City are the following, three points, several namely 6 toilets to be dispersed throughout the Park because the City will not have a regular public facility available for another three months, containers for garbage, so we will be able to pick up the garbage each day, and a permit to use a microphone, basically the same sound variance you have right now. We are willing to accept the responsibility of cleaning the park after we use it, we would like to receive it in clean use as well. There is still some debris left in the park. You have all been to the park I am sure, and you know the Park is basically very clean, but there are still some pocket areas that could be cleaned up rather quickly. The following groups and individuals are participating, -- Cornucopia Grove Center, Association for Humanistic Psychology, the Yoga Temple, ? Foundation, Divine Light Mission. We appreciate your help in allowing the people of our Community to unite in a common event of love and brotherhood." The letter I received back yesterday says that the facility that you request to utilize, is designed as a passive recreational facility. I am not sure what passive means. Although the park has been dedicated, it is not fully developed for its intended use. The walkways are not yet complete, there is no picnic or eating area designated, and no toilet facilities available, and as you indicated some debris is yet to be removed. You will note the park is immediately adjacent to an established residential area. The park does not have adequate parking lots, for off-street parking areas to accomodate the number of vehicles that would bring a thousand people to the park for such an event as you describe. Additionally, the control of approximately one thousand people in the park would be virtually impossible, and there is no method to limit the size of the crowd, and our request was rejected. I would like to site some very important things on here, b ecause I feel that either there was a misunderstanding in our interview with Mr. Andrews and in the letter, or the fact is that we have already solved these problems. What we are talking about is an alternative. We are not encouraging people to bring bicycles, ----I mean to bring automobiles, we have already asked people if they are going to bring cars to park at Dinner Key. We are asking people to either walk, this is a community event or to bring a bicycle, and that is what+the bicycle paths are installed for. There is plenty of area in the park for 1,000. people, assuming we get 1,000 people. It mould be totally swallowed up in this huge massive area. The question of having to control us, 59 12/13/73 • I really get a very bad feeling from that, because what is 'Here to control? All we are doing is advocating that people get together and share their love and energies and alb their experiences with each other, and really get to know each other, on a here -now basis. What is there to control? If anything we should be letting -loose all that pent-up energy we have associated with our daily struggles and existence. There is nothing to control, and the question of having a place designated to eat. that is a community responsibility to eat. We have already designated it. The park has already been divided according to our map, and we are willing to clean up the mess. The only thing we have asked the City of Miami, because we want to work together with you, and we want it to be a community project, and we want you to feel a part of the Community, is to give us six porta-sans and garbage bags so we can clean up the mess, and the opportunity of establishing a simple microphone, like this. so we can have our love -in. That is exactly what it is. Mayor Ferre: Mr. Kunst, I want to commend you for taking exactly ten minutes less 10 seconds. I'll tell you, let me turn this over ---to Mr. Andrews for comment on that letter. But let me also say this, I think that it is long over due in our community, that somewhere,someplace we ought to have an appropriate place for gatherings of this sort. These are citizens who want to gather this way. As long as they abide by the law, and don't violate anybody else's rights, I think they have a right to•gather. The problem is, that we don't have an appropriate place. because obviously in front of a residential area etc. is not the place, and that is the problem with all these parks. the same problem we have had at Coconut Grove Park. Somebody told me one time that what we really ought to do is take some area out in Virginia Key. which is not a residential area. parts of it are beautiful, and we ought to work towards that kind of, it doesn't take much money, I think what we have to do is clear up some area, and plant some grass and maintain it and make it look, I wan't saying that facetiously, --- Mr. Kunst: Mr. Mayor, there are groups that already meet in Coconut Grove every week -end. chanting, the Krishna people are there -,-there is yoga and meditation, --- Mayor Ferre: Not a thousand at a time,--- Mr. Kunst: No, but quite a few people at time are coming to the park, and it doesn't do any disturbance, and what we have here is a very large park area, and we have already designated, and looked over the area enough to know that any area that we have for example, people who will be bringing musical instruments, that is not going to be disturbing the residents. Any place where there is music, it is not going to be disturbing the residents. Mayor Ferre: Bob, any time you have people living in homes, and that has nothing to do with Krishna or any other kind of group', and you get a group of people together even if they are whispering or chanting, --that is the way human nature is, and What I am trying to say, and I am not arguing against you at this point, I am just saying that it is a shame, that in all of this community, we do not have an appropriate place for a gathering of a thousand or several thousand people who want to get together and do their thing, without everybody getting up in arms and getting all upset about it, and getting up -tight, and the reason is that we don't have an appropriate location, see, and what I am saying is, I am asking Paul Andrews in answering you on this, not only 60 12/13/73 to address himself to your letter in his answer, and his reasons, but further to see if we could somehow solve this problem, Which in My opinion is long over -due Solving. Mr. Kunst: I Would only make one recommendation to add to that, I think it is very fine to have an area, but in my Opinion every park is the area, and the reason why is that we have got to again deal with the question of community. If you have one central location, and what you are asking is people to drive, because you don't have mass transit, you don't have any transportation out to these places. I think it has to be looked at also, the question is, providing the type of facilities, and local park areas so the conmt►unity doesn't have to use their cars, they walk to it, or drive by bike, I think the question is, that these type of things in terms of our own personal growth, and how we relate to each other, are things that can happen in every one of our parks. Mayor Ferre: Let the Manager give us an answer. Mr. Andrews: Mr. Mayor and members of the Commission, if Mr. Kunst, I want to start out on a positive note, if Mr. Kunst's letter addressed to the City for this permission, had concerned itself with one of these groups, where the attendance might have been a hundred or so people, so I think that would have been reasonable, and the park could have absorbed that many people, adjacent to the water, and this activity could have been carried on without too much difficulty. They are proposing to use what constitutes an enlarged neighborhood park at that location, adjacent to a residential area, inviting what they feel might be a thousand people, but it could be two thousand people. There is no way that they have demonstrated that they are going to be able to control the number of people,they want this, which Mr. Kunst has not explained at this point, for three week -ends for two days each week -end, on Saturday and Sunday, from early -in the morning, until dundown, and this I am sure would attract a large body of people, maybe not at the first or second one, but thereafter, and the park is just not suited. We don't have the facilities there, at this time to conduct or permit the conducting of this kind of event. There are other facilities in Dade County which are available now, where this can be carried on, and when we do develop portions of Virginia Key , the City of Miami will have the kind of facilities away from residential areas that will be a regional park, more in keeping with the way they to plan to carry out this activity. Mayor Ferre: Paul, would write us a memo on that, on how quick do you think we could get something on Virginia Key fixed for that. Would you get somebody to investigate that, so we can get a possitive thing going. Mr. Andrews: Yes, I can. Mayor Ferre: Anything else you want to ask? Mr. Plummer: Bob, let me ask you this, I remember a year ago, they were using Virginia Key, the beach area there, that it was opened up on Sundays for such event as this. Mr. Kunst: It wasn't the same event. this is not a Rock Concert, --- Mt. Plummer: ---I am not saying ---,-opened up an event 61 12/13/73 • suoh as this, not necessarily a rook concert,.. -- Mr. IC'unat: There hasn't been an event such as this, what We are talking about is people coMMunieating with each Other. a new event. Mr. . Plummer: Bob, why don't you concede of having that over there as they did, those grounds are adequately set up, there is cooking facilities and everything there. It is on. Virginia Beach. Mr. Kunst: First of all, it is opposed to our basic philosophy of having to go out there and drive out there. Here we are faced with an energy crisis, the President himself says look at every alternative possible in order to conserve energy, and what we want to do is to get people out of their cars. We want the Grove. which is bicycle oriented and walking - pedestrian oriented, to get out of their cars, and if there is anything more possitive that could be done by this Commission is to help us get people out of their cars, so they can walk around to look at the beauty, instead of smelling all that smog all the time. It defeats the purpose to take it out to Key Biscayne, because what you do is encourage people to do what we shouldn't be doing. We may not have the gasoline to worry about. Mr. Plummer: A lot of people from the Grove ride to Crandon Park, if anything if would be encouraging them to ride. Mr. Kunst: I think we would encourage them to ride bicycles. Mr. Plummer: See, Bob, what I am getting to is this, you know and I know there are people living right next to it, ----on Virginia Key you don't affect anyone, no one to be affected. Mr. Kunst: J. L. I assure you we have looked over those grounds and there are many, many acres: A thousand a people will not look like a thousand people, it is so big, ---- Mayor Ferre: We have been on this 16 minutes, ---I am going io allow discussion for half an hour, and in a half an hour I am cutting it off. Mr. Plummer: One of the things I was going to bring up not in relation to you, we have a park area there right now Mr. Manager, I want you to take note of this, because I was going to send you a memo on it, right now they are only provided for that entire tract 10 parking spaces. That is it. Reasonably you are going to say there is going to be more than 10 cars, -- Mr. Kunst: They will park at Dinner Key, we are not encouaging anyone to park in that area. All the people we are communicating with, ---- Mr. Plummer: Bob, you know and I know they are going to park as close as they can. Mr. Eunst: That is not true J.L. because first of all the people working with us, --we will put up the signs and we will be able to take the signs down, and we will not allow people to ruin the park. The park is for people not care. 62 12/13/73 • • Mr. Plummer: The first policeman that puts a ticket on One we are going to have one heck of a hassel. Mr. Knot: I don't think it has to be that kind of a haeeel. We are going in with only good feelings. Our attitude e love and sharing, not in hasseling. Mr. Plummer: Personally I think that Virginia Key is the ideal spot. I really do. No one can complain. Who can complain? Mr. Kanet: Who is complaining now? Mr..Plummer: The people around there, that live there. Mr. Kunst: No one has complained. The person who has made any statement to the contrary is Mr. Andrews, who is supposing there is going to be a complaint. There has been no complaints. In fact, what could have happened very simply is we all could have done this thing, and have to get the City's blessing, we didn't have to get any toilets, we could just say do your own thing on your own time, okay, we wouldn't have to get a microphone, because all we could do was get into small groups, which we are going to be in anyway. There where would the problem have been? Rev. Gibson: Bob, you and I know, let's not be unrealistic about what is. I have been in the Grove 28 years, and I don't know how long you have been there, I think we had better put the cards on the table. If you want to be reasonable, you will go to Virginia Key, if you don't want to be reasonable and want to create a lot of hassel, and all of that, that is another thing. The other thing is, if you went out there and do what you are implying, based on what is, the people of this Grove, won't hesitate, you know and I know, ----I hear you, Bob, we are not enemies, I don't want you to back me up into the wall, Mr. Kunst: I am not backing you into a wall at all, --- I am saying the consciousness of the community is already there. Rev. Gibson: I don't know about that consciousness, I think we also have to remember that despite the things we want, there are things that other people don't want, it is yours against their's. Mr. Kunst: Rev. Gibson, I don't know anyone that doesn't want to increase their level of consciousness , and their love attitudes, and what they share with. Let me show you what we are doing. Here is one seminar that took place at Lake Placid recently, and these are the types of things that we are going to be breaking it down to, there aren't that many people,maybe 20 or 30 people in a local group, and this will totally dispersed without the park. I can't shout at you all the way on the other side of the park, I am going to talk to you right here. Rev. Gibson: Mr. Mayor. I don't know if you all know where Lake Placid is, but I want to tell you this, Lake Placid is not very far from Can Wing:aan which belongs to the Episcopal. Church. You don't have a residential area compared to Coconut Grove, in Lake Placid. Bob, I have been to Lake Placid, we used to go there every year. I want to make sure you understand the problem Bob. Mr. Kunst; I understand the problem. I'd like to suggest in 63 12/13/73 terms of residential here, which is very imortant. First Of all there is only two residential, ---let's look at the rectangle Of the park, on one Side of the hay, on the other side is, ----going west ie the Country Club, on the north side, oh the other Side of S. Sayshore Drive, there are only three or four large estates, and on the other side, the eastern side Of the park, there ie a canal between a row of houses, and the park, there is no residential units actually on the park . Mr. Andrews: Mr. Mayor and members of the Commission, we went through this in Coconut Grove once before, for a several year period of time in the south end of Coconut grove park, and it took a great deal of policing to control these matters, once again that was an indication that that kind of park is not suited for the kinds of event they want to carry on. As I indicated, if they we planning this in a much entailer group, and smaller numbers, it would be fine, but what they are planning is not suitable in that kind of park and I recommend that the Commission not consider the granting of a permit for this particular use. Mr. Kunst: Mr. Mayor can I challenge that for a second? I think what happened in Coconut Grove before was the whole issue of drug related events. We are not at all into drugs or anything related to it, we feel it is very easy to get high naturally, and all we have to do is love each other and that is very simple, and I think if Mr. Andrews would like, we would be willing to have him be there be a part of the events. I am sure there are a lot of things we could vork on together, and all the Commission should be invited. This has nothing to do with control, there is nothing to control. That only smacks of a lot of police, with very heavy energies. This is not that at all, what we are talking about is our own inner selves, our own spiritualism . All that we have to give is our love for each other. No yoga is a technique that gets people to unwind, just like good food, get you to unwind, to think better, and all we are doing is offering a lot of different opportunities for people to discover who they really are, not the 9 to 5 Joe, that has to go down in the business suit every day and go through all the heartaches. What we would like to do is get people to release their energies, and has nothing to do with drugs, nothing to do with police or anything like that. And we would a lso like to take advantage of the time when the Comet.Khoutek will be there so we can pick up on that energy too. Rev. Gibson: I want to tell you this, I run one of those every Sunday morning at B o'clock. I welcome all who want to come. And a funny thing, J.L. we don't have to worry about law enforcement at the thing I run on Sunday Horning. Mr.Plumaer: I still think Bob the best suggestion is Virginia Key, and I think that moreso, because of the fact, it will give an experience which is not now available to this Commission. You follow what I am saying? Mr. Kunst: You are taking away a very important consideration for this, the name of the event is called 'Love is Community., -- our community is not Virginia Key, our community is Coconut Grove. Mr. Plummer: That is part of the City. Mr. Kunst: That is not the trip. The trip is, we have a community here. You are not allowing us to get together as our own community, and tthat is the important issue here. 2/13/73 s • We don't want to have to go all the way up to Greynoids Park or virginia5Key because that it not where we are living, We want to be able to walk to our events. Mr. Plummer: Bob, what you are saying, give you the right to do your thing, but the people who own property in reeidences adjacent, don't let them do their thing. Mr. Minot: Not at all, we are not enfringing on anybody's thing. Mr. Plummer: Their thing is the peace and quiet and serenity of their home. Mr. Kunst: That is all we are going to give. Mayor Ferre: Bob, we are just retreading the same thing over and over. I think the Commission has heard and I think we are ready to make a decision. You've got a few minutes left. Any other comments from the Commission? Anything needs to be done on this? Mr. Plummer: The only motion would be, over rule the Manager. Mayor Ferre: That is why I am asking. If not this matter is closed. Mr. Kunst: There is no one on the Commission willing to get involved with their community. Mrs. Gordon: That certainly is not the right statement. Maybe the timing isn't correct. Maybe because the park isn't equipped as it should be, but not that the Commission does not want to be involved. Mr. Kunst: Rose, my only opinion on that is, that people can't wait until sometimes bureaucracies get to installing toilets and things. As far as we are concerned, we'd like to be in that park, and if we don't have to use toilets, and if we can't use microphones and this other stuff, we will be there just to be there, because it is a people's park. Mrs. Gordon: You can't be kept out. Mr. Kunst: We are not violating any law. Mayor Ferre: Citizens, you the right to go there anytime you want. It is your park. You cm use it anytime you want. Mr. Kunst: Thank you. Mayor Ferre: Now, Bob on the other things, I might point out, I am going to read this sheet carefully. I think you have some valid suggestions, and I want you to know that we are going have some evening meetings, some town -hall type meetings, and this might be an appropriate time, and I am sure all of us will get in touch with and inform you, and perhaps we might take an hour or two to discuss some of these things. I think it is valid and I commend you for it, and thank you for bringing some of these thing to our attention. And we will be in touch with you. Mr. Plummer: Is Norman Drew here, the guy that writes for the paper. Seems like he knows the Mayor pretty well. 65 12/13/?3 A Mayor Perre: The only thing t are saying about the Drew article is that it looks like some of that stuff came out of i.h. #luMater's mouth. Mrs. Gordon: Mr. Mayor. may = ask you to consider #14 on the list of recommendations in establishing a committee of this kind. y think we would be the benefactors. We would really benefit from this input. Maybe you want to do that. Mayor Petro: Why don't we offer that to the next Commission meeting, put it on the agenda andcame up with some recommendations. Mrs. Gordon: I think it is an excellent idea. 2 like it. Mayor Ferret Thank you. 66 i....r.is iL.tilLmLl 2O • DOWNTOWN URBAN DEVELOPMENT AND ZONING STUDY REPORT: The Commission took up for consideration the final report of Wallace, McHarg, Roberts and Todd, consultants for the City on the Downtown Urban Development and Zoning Study. Mr. Richard Huffman, representing said organization, ap- peared and submitted a report containing a portion of the recom- mendations arising from this study. He stated that, although his firm had been retained primarily to do a zoning study, it had also involved itself deeply in an economic study, a transportation study and a public improvement study. He exhibited a chart representing various aspects of the studies, and pointed out that new develop- ment, and the intensity of that development, and the intensity of that development in certain core areas, such as DuPont Plaza, were so dependent upon transportation access and parking require- ments that that became a controlling variable for any development in that area. He stated that with the aid of other consultants an investigation had been done of the traffic capacity at the present time in the DuPont Plaza area and the traffic capacity for each future increment of new developments including the parking require- ments for each increment as they relate to different modes of transportation. He stated that it was felt that the crux of the downtown development was the DuPont Plaza area. He emphasized the importance of the parking requirements with respect to any new development. Mr. Jack Smith, also representing Wallace, McHarg, Roberts & Todd, appeared and submitted recommended action programs in written form and briefly outlined them, calling attention to three categories of zoning proposals which he explained with the aid of charts. Said proposals included landscaping and setback areas for all new construction; curb cut restrictions at certain locations; mini -parks, arcades in certain locations, and bonuses for developers who provide extra amounts of open space. He called attention to separate districts which had been set forth on a map provided in the literature submitted to the Commission. Mr. Plummer reminded Mr. Smith and tie members of the Commission that the plans for a mass transit system were not yet formulated, and that it would require five to seven years for it to come into existence once the plans had been adopted. Mr. Smith stated that this contingency had been taken into consideration in this study. the details of which were set forth in the written report in Chapter 3, Phases I and II. Mr. Plummer called attention to the proposed "New Resi- dential Section" set forth in the report, expressed concern lest a change in the routing of the transit system cause a serious change in the character of the residential section. Mr. Smith pointed out that the division of the plan into two phases was for the purpose of implementing immediately Phase I, and Phase II could be implemented after the rapid transit system routes had been established. He explained briefly Phase I of the proposed development contained in the report and the implementation map showing the different zoning classifications recommended for various locations. He also called attention to recommended addi- tional zoning classifications, as well as the correction of what 12-13-74 67 he termed deficiencies in the existing zoning ordinance. He also called attention to recommendations contained in the report for lease or sale of air rights over parking structures. In response to a question by the Mayor concerning the so-called "Ball Point" property he stated that said property, and the area of the old port could be zoned either low density, a density which the Commission might feel appropriate if the acquisition of land for park purposes was unsuccessful, but that the first choice should be for park purposes. In response to a question by Mayor Ferre concerning the relative importance of acquiring this property for park purposes at its increased value as compared to using the monies presently allocated to acquire the property in other areas, Mr. Smith stated that in his opinion the price of the so- called Ball Point property might be in the neighborhood of twenty-one million dollars, and that the City might well consider the acquisition of a number of properties in the downtown area for mini -parks with its available funds set aside for acquiring the "Ball Point" property. - In response to a question by the Mayor, that if this property could not be ac- quired for park purposes and were zoned C-3, would it do serious harm to the present proposed plan, Mr. Huffman stated that such an occurrence would definitely modify the plan because of the extra transportation requirements. George Acton, Director of the Planning Department, stated that his office had supplied the consultants with all the informa- tion which it used in its evaluation of this area, and that it had always been emphasized by his department that this property, in former studies and as of the present time, had always been proposed for park use. Mr. Smith reminded the Commission that in a typical block of property in this area, when developed, would generate eleven thousand automobiles, and this property would comprise approxi- mately two blocks. Mr. Plummer expressed concern over the drastic reduction in density which the proposed plan would have over that which presently existed in the downtown area, and the effect which it would have on property owners downtown, emphasizing that he did not own any property in the downtown area, but that in his opinion the City could anticipate numerous lawsuits if this plan were implemented. Mayor Ferre expressed the opinion that, despite the fact that he was a property owner in the downtown area, this was a progressive proposal and would be a step forward for this area; however more information was needed and public hearings should be held before taking any action. In response to a question by the Mayor, an unidentified consultant for the City stated that in all of its transportation proposals the so-called Ball Point property had been considered as open space, and that if this property were to be allowed to be developed it would compound the traffic problem considerably. He stated further that his firm's presentation to the Commission was tentatively scheduled for the month of January. 12-13-74 68 • • Mr. Lucius willian►s, Director of the Downtown Development Authority, appeared and stated that this entire study had been inaugurated primarily because the existing zoning regulations in the downtown area were preposterous, primarily because of the thirty -toy -one floor area ratio in the C-3 districts, pointing out that since the adoption of the existing ordinance no one had ever built a structure with more than 13.4 floor area ratio. The Mayor suggested that the administration set up joint discussions in which the n4w Planning Board would'be primarily involved, as well as the Downtown Development Authority and those members of the Commission who desired to participate, in addition to concerned citizens. He also emphasized that the Doxiodes Plan needed to be taken into consideration in these deliberations. He reminded the Commission that the City spent four hundred thousand dollars several years ago to do something similar to this present study. He expressed regret that the Doxiodes Plan had not been implemented and was now, in his opinion, in effect, "on the shelf". Whereupon the presentation was concluded. • 9 • 1 • • 21 • FRAGILE ELDERLY -DAY CARE: Mrs. Gordonair. Mayor and fellow Commissioners. I ar not going to bring up a matter that has been a concern of mine for a long tiMe.-----we have been hearing a lot more about it lately and the implementation becomes more oa reality every single day. Today, here in the audience, we have several people who have had experience in the setting up of a program for the fragile elderly, and it occurs to me the City can play a very inovated approach to it, through our Parks system. Once again, we can utilize our public lands for another people program. I am going to ask Mr. Max Friedson who is the president of the Congress of Senior Citizens to say a few words of how he feels, because we have talked to each other about this, as to the need. Max, would you like to, Mr. Max Friedson: I sure would, Mr. Mayor and Commissioners first of all, I don't speak only a few words, I always speak a lot. Mrs. Gordon: All right, a few more then, Mayor Ferre: Mr. Friedson, as much as I like you and love you, and respect you, I am going to limit you too, so would you, how long do think you are going to speak? Mr. Friedson: About five minutes. Mrs. Gordon: I'd like to tell you, Mr. Mayor, I have two other persons who will have to speak to it, to give you and the Commisioners full details of the program. I am going to call on Mr. Milton Zatinsky, with the United Fund and Luis Gonzalez, who is in charge of the Senior Age Program, and both of them will have important input into to this whole concept. Mayor Ferre: I'll ask each one of you to hold your statements to 5 minutes, if you would please. Mr. Friedson: Ladies and gentlemen, most of us are going to grow old, or hope to anyway. I have made it, I am 52 going on 76. I just made my 75th birthday and I am probably as much involved with the elderly and what they are not getting as anyone probably that you may get here today. I am not a theorist, I am a practical person, been in business all my life, and I have been operating this so called,----i am working harder for free than I did when I was in business. The problems are getting more and more acute and more people are growing old. It is simple as all that. Armed with lirth control now, a fact, we can look forward in 2010 to have more elderly people in America than we have today. Miami, Dade County itself has about 250,000 elderly people over 60 according to the 1970 census. And quite a number of them need assistance and we are not doing anything for them. We have built America to what we got today, as the richest country, strongest country I hope in the world, and they are not treating us like we treated America. We are hoping that we make a good beginning with the City of Miami to see if we can do something for those people who are neglected and forgotten in this area. Let me talk a minute on the so called subject of the children who have a father and mother and who would like to be good to them. There are many children that dump them into the nursing home, 70 12/13/73 and just like they do cats and dogs in kennels and forget them. I have one case to me, where a mother waa in a nursing home, Live Oaks, 1 believe it was, asked me to get her son down from Ohio, who happens to be a lawyer too, and I called him up and said your mother is dying and would like to have you coin down. He said, I left money in the front office, bury her, boom, he hung up on me. And I paid for the telephone call. So you can there are bad as well as good children, but God bless the good ones. They have to go to work, and they keep calling our office daily, where can I leave my father or mother for the day, where they would be able to give them a lunch, take care of them during the day, so they don't get hurt, and there is no place but the Villa Maria which is on 125 Street, and that is out of reach for most children who are working, it is ten or eleven dollars a day. and I think it is high time that those unfortunate people who cannot stay in a home by them selves, that we citizens of Miami, I would prefer to see this in a county wide thing if possible. However, a beginning must be made somewhere and 1 think the beginning should be right here, and I think this is where we should do it. That should provide a hot lunch program, -if you want to ask me something, if they should provide a hot lunch program, I have been instrumental in helping the people of S.Miami, where the City of S.Miami voted money from the City so the people in S.Miami should have a hot lunch program, and God bless them for that. Many older people, individuals particularly and I would like to stress that women are the most important phases of our whole life. There are more women than there are men, and these are the ones we want to make sure that they don't turn senile, because of frustration, ----they just don't have a place to go, and as most of your social agencies, you can forget them, they do very little but watch their own salaries. That is all they are good for in many, many cases. Some are real good, but I think it is high time that you use the very people who are seeking to help others, and that is us. We can do a job ourselves. It is not what the social agencies can do for the elder Americans, it is what the older Americans can do for themselves. We are not cripples, we are Americans. Suddenly at age 65,----out, you are no good. They just let you drift along until you die. It is wrong, it is wrong on the part of the younger generation, but not all of them will make it, but those that do make will have to live through the same conditions that are existing today. a nd there is no reason why this snake pit should exist. That is one thing I would like to eliminate from the vocabulary of any decent American. These snake -pits must go, if any of you doubt my word, go down and see it. They drug them, they have restraining chairs, they have dark rooms. ----I want you to know that, you young people, every one of and God forbid that something strikes you, and you don't know when it will strike. No one knows for sure what tomorrow will bring. Today you are walking, today you are a man, tomorrow you become a vegetable, and you don't know. So work with us, help us help you, and I think it is high time we started somewhere. Our recreation facilities haven't been used to the extent they should be, why? Transportation. We were able to get a man up to the moon, and bring back rocks and can't put grandma on the bus. That is a shame. that we cannot take an old person and bring them out and make them live over again. in a more exciting retirement than we have today. We don't want any pity, we don't need your sympathy, we need what is coming to ua, and I think this is coming to us, your respect and our dignity. Mayor ?erre; I want to take this opportunity to publicly 71 12/13/73 commend you and all of your associates in 13 clubs, that you were involved with and mach more than that, literally thousands Of people look to you for leadership and help. And even though the other evening it was a pleasure being at your birthday celebration, let me gay that I atn very happy to Congratulate you again and wish you the very best end to tell you that I, ------you have been working with senior citizens for many, many years and I am glad to see that you are now within 10 years of becoming a senior citizen yourself. I think all of involved, Rose, you wern't, Father Gibson, Reboot) and I, Mrs. Gordon: We were there to drink a toast to Max, Mayor Ferre: We who ran for public office, I think all of us made a pledge, that this was a program that we fully intend to implement in the City of Miami, as quickly as possible and I think that you are going to see that we live up to our committment in the best way we can. and as quickly as possible. Mr. Friedson: I feel better before I finish, but I would like to add a few other things. The most important thing is where a woman, ----particularly women, and men too for that matter,they don't have a place where they can come to, to feel at home, that they can talk to somebody, and tell them their troubles, ----like the landlord is charging them a lot of rent, I had a case of a woman whose husband left $97,000. living on the Beach, and he loved his wife so much that he put his daughter as trustee to make sure she doesn't disapate the money. So she wanted to go to Hawaii with us for $600.00 and I came down to the daughter and her to sign the check for $600.00 she won't do it. So you can see there are certain people that need a place somebody, somebody, --to come to, that understands the problem, and I'd like to see the Parks Department itself, have somebody there, and he doesn't have to have his master's degree, or his PhD degree, because I've seen many people with Masters degree, a nd also with their PhD that couldn't drive a taxi for me. Mrs. Gordon: Max, can I interrupt you for one second, I want you to continue, but I want to give you some information so we can expidite this quickly. The two gentlemen I have asked b speak after you, have this kind of detais worked out already and they are going to tell us how, in fact, we can get this funded and man -powered without a lot of money coming out of the City's coffer, so this is a very important consideration I know for the Mayor and Commissioners, and I particularly wanted you, because you are the president the leader of a very large group of seniors, and you attest to the need to get people out of a room where they have to look at four walls all day long, on in a nursing home for a lack of any other place to be, and you have attested to, and I am hoping the Mayor will permit -me to make a recommendation to appoint a task force. Mayor Ferre:Max, don't go, for you are going to wind the whole thing up in a moment, so you save a minute,of talk and listen to the next speaker. Mrs. Gordon: I would now like to ask Mr. Zatinsky, who is with the United Fund to tell us about some of the programs for funding some of the other areas of the community that are presently implementing these kinds of programs. Mro Milton Zatinsky: Thank you very much Mr. Mayor, this its an oea se time has come. The way a community treats its 72 12/13/73 older people and t ant afraid in our cottttmunity, not only in Miami but throughout South plorida, we have a long way to go. I'd like to say that there is a great government emphasis now, from the federal, state on down to "look into preventative programs for the elderly. I idea of putting a person in a nursing home, in some cases this is absolutely a person can no longer take care of themselves, but there is an intermediate step and we are losing it. Many people are being prematurely put in places, many of which do not meet standards. Under various government titles, title 19, Medical services administration, Title 16, done by the adult services of our own division of family service, federal money in large amounts, not all of it is available to us, and some has restriction, and much of it needs local matching dollars, but if we go from the premise of the United Fund works, that by planning together, by going to a process of collaboratively planning, where professionals who know the planning process sit down and work out programs to help people, and we do it together in a sophisticated way, we can get maximum milage, over every local dollar involved. State revenue sharing monies are matchable by federal funds, ----federal revenue sharing is not. Let me indicate to you some of the things that have already been done, some of the starts that have been made right here in our own community, the City of Miami, the Little Havana Activities Center was just an idea before. People like Max Freedson, Dr.Padrodo, and others, sat down and started planning. we have a wonderful facility over there. I know Vice Mayor Reboso has been very active in this situation, and we have been building something that is beautiful. It was announced in today's news, a food program where 500 people will get food in the Latin style,----10% of this money is being put up by the United Fund of Dade County. We rely on the voluntary philantropic dollar and that is a tough dollar to get right now, but 90% is being put up by the federal government, through the division on aging. That is the way we can get dollars to strech, and get the jobs done. Max Friedson is a little modest, didn't tell you, he is the South Florida's representative on the State Division on aging, Committee on grants. He is a good guy to know. When my grants come up there I'd like to get Max friendly with me. He is a good man to know. Let's talk a little bit about intermediate care. There is a state care possibility for the elderly. Just like a mother brings a child to a day care cerber, a child now grown, now brings the parent to a Day Care Center the same way, leaves them off. Why did you do that, because he doesn't want to put them in a nursing home. He wants to keep them in the community in the family because he loves his parents and cares for them, but can't leave them alone for 8 hours a day because he is no longer able to fend for himself, to make meals and do the other things necessary. Money available for this, on a federal and state level are good, but we have to come up with some local sharing, and it can't be done frag- mented -like. It must be done in a community -wide, and county- wide process. and I will say this, the United Fund has taken some initiative,aet up a division on planning, and we do have a capability, and shortly with Max's help be funded as the area -wide officially recognized federal government area -wide planning agency for the elderly for Dade and Monroe counties, and we want to work with the City Commission, ----and Rose Gordon hag taken some beautiful initiative in this, to get as much out of the tax dollar, out of revenue sharing dollar. 73 12/13/73 • • out of the voluntary dollar, as we possibly can, to provide some services for people in our community, who are desperately in need of it. The whole thrust today, of the federal and state govern - 'tent and the professionals who have been working on us for years in the geriatrics field is, that tens of thousands of people are in institutions who could be maintained in their community, as contributing citizens, part of a family group. Institutional care is tremendously expensive, even bad insti- tutional care. We can keep the people happier, alive and active. Go into the Little Havana Center any day, go into the South Beach Activity Center any day and you will be seeing people come to life and not looking at four walls. There are some wonderful programs that can be built and if we do it together in a collaborative and sophisticated way, Mrs. Gordon: I have a question that is important. Isn;t it true that we could supply in kind by proving the facility for the matching, in other words, if we have the facility, the Parks system, the federal funds can be matched to that? We would not have to come out-of-pocket with any capital investment. Mr. Zatinsky: Let me answer that, it is a good question. Depending on the particular of funding, the regulations change drastically, but do not think you get anything for nothing, in this area, as well as any other area of life, hard dollars, matching, maybe bringing in three for one, have to be spent. There is no free way to do it, Mrs. Gordon: Milton, I am not talking about that. I am talking about the use of a public facility like a park has a dollar value as a rental. Mr. Zatinsky: Rose, I hate to tell you the way they evaluate structures and capital items. It is very complicated, would take be 30 minutes to explain it. I don't think the Commission has the patience for it, but frankly it is not evalued at a decent level. The only kind of in -kind contributions that are meaningful as far as most of these project are con- cerned, are not facilities, but people. If you assign people whose salaries are then assigned to the project, that is a way of getting a certain degree of in -kind compensation. Mrs. Gordon: Milton, will you work on the Committee? Mr. Zatinsky: I'll be happy to work and help in any way I can. Mrs. Gordon: Mr. Gonzalez, ---I would like to introduce Mr. Gonzalez is a project director of the Senior Aides program, I have been working with him at the Y.M.H.A. on another senior program so I know a little bit about what he has to offer. Would you tell the Commissioners please? Mr. Luis Gonzalez: Honorable Mayor and Commissioners, I am project director of the Senior Aid program, which is sponsored by the National Council of Senior Citizens in Washington D.C. The pay for the comes from the Department of Labor. Senior Aids are recruited in Dade County, eligibility starts from age 55 and up. they are senior citizens themselves. They get paid, the start at $2.00 an hour, they work 20 hours a week. These Senior Aides are placed throughout Dade County, from Homestead 74 12/13/73 Perrine, Opa locks. S. Miami Miami Beach, N. Miami, Hialeah. and each one of these Senior Aides have an experience and can be of service to the senior citizens. We have at the present mOMent Senior Aides working in Luther Medical Center, they were rushed out there because the crisis we had, Jackson Memorial, patients were sent out and they didn't have any help. I was able to locate a senior citizen who was enrolled in the Senior Aid program to help, as an occupational therapist at Lutheran Medical center. We also have a man there helping. We have three inHomestead, helping with the migrant workers there under senior citizens, we have people in Perrine , in S.W. Miami and Coconut Grove. Ope locka, Hialeah, people in South Beach in vocational services. So where ever we can put or place a Senior Aid to help another senior citizen, that we are glad to do. We only have 60 senior citizens and Senior Aids on the program. We wish we could have about 40 more because we cover the Dade County area. We don't have enough senior aids to place all over. We have three Senior Aids working in the 8 Dade County centers at the present moment. And they work in various fields, occupational therapy, they work in arts and crafts, they are instructors in languages, but we are very short of them because of the large population of concentrated senior citizens in Dade County. We wish we could have about 40 more senior citizens to put on the program as Senior Aids program. Mrs. Gordon: Thank you, Luis, will you be willing to help us on this program, the development of this program? Mr. Gonzalez: Yes, Mrs. Gordon:What we hope to do is develop this kind of a program in the very near future within our Parks System, and we are going to consult the Mayor about appointing a committee of expertise for the development of a task force for Day_Care Centers for fragile elderly. This is our hope. Max, did you want to say anything else? Mr. Friedson: Ladies and gentlemen, if you will do what you said you were going to do, which you promised at the time you were running, this will be a memorable day for the elderly, not only here but around the whole State. I believe that the State i5 look forward to copy some decent programs that we are hoping to inject here in Dade County, particularly Miami, and I would be honored to serve if you will appoint me to that committee, because I feel this must be done to safeguard the dignity and the self respect of the elderly of not only Miami but the whole world. Mrs. Gordon: Thank you very much Max, and in winding up Mr. Mayor, I would like to ask you if you would consider this committee including the three persons who spoke today and also to include Angel and Mareno of the Little Havana Activities Center, and Miriam Scheinberg of the Miami Beach Activities Center, and also I would hope that Commissioner Gibson's wife Thelma who is an R.N. with expertise in the field, as I understand, in geriatrics, and Fran Kramer who is the Chairperson to the Instep Program for Dade County, and I would be willing to'serve with the folks to try to develop this program as quickly as possible. Would you consider appointing this Committee, Mr. Mayor? Mayor Ferre: Rose, I certainly would, but I want to say 75 12/13/73 s that in fairness to everyone on the Commission, that they should also have the opportunity to submit names of people they think may be worth of involving themselves. tirs.. Gordon: That would be names, and then any other names Mayor Ferre: Mr. Andrews, down on the schedule, ---- fine, I would submit these you want to submit, if you would put these names Mrs. Gordon: I'll give him this list, Mayor perre:--and if you would, then we will all submit some names so they will be discussed and we will establish some procedures as to how we are going to select them. Can we do that by the 20th. If you will forgive me, we have been on this over a half hour, I think we've got to get moving Mr. Friedson: Can I make just one, Norma Lindberg who is the director of the division on aging in Monroe and Dade County, I am recommending her if possible to put her on. Mrs. Gordon: You know where we can reach her? Mayor Ferre: Max, if you would just recommend to Rose or anyone else on this Commission any other names of people you think ought to be on, I have already got a list from you, and I think most of them are already here, and if there is anybody you want to add, please feel free to recommend. Mr. Max Friedson: Thank you, and all of you grow old gracefully and healthy, Mayor Ferre: We are going to be there for the 85th birthday when you become a senior citizen. 22. POLICE DEPARTMENT REVIEW OF OPERATIONS: The Commission took up for consideration a review of the operations of the Police Department, and the following discussion occurred: P. W. Andrews, City Manager: At the conclusion of Chief Garmire's presentation last week, and the question and answer period that followed, and then the allocation of funds, you will recall that you gave me the balance of the questions that you were going to raise. Those were given to Chief Garmire by memo- randum and he responded to those questions in writing, and that was transmitted to the City Co¢:m►ission. I have asked CIi f Garmire to come to this meeting specifically to be prepared to present to the Commission what action the City has taken to improve the police position as a result of the funds that have been made available and the additional procedures that the Police Department will employ to improve the position; and Mr. Mayor, I want you to know that, through this process, during that first week after the City Commission meeting, that many of these things got underway through the cooperation of the Finance Department, the Civil Service, and everyone has extended an ef- fort to help the Police Department achieve their objectives, as far as some of the programs which the Police Chief is going to present to you. Mayor Ferre: Chief, before you begin talking, let me see -- is there anybody here that wants to talk, other than the three that we have here; Mr. Rennick, Mr. Ettinger, Mr. Pettee, and Mr. London? Is there anybody else in this room that wants to talk on this item? If not, then we are going to limit the discussion to just these four that I have mentioned, in addition to Chief Garmire. I might say, Chief, that I received the answers in writing to the questions; not all of the answers are there, and there are some questions that were asked, which I will send you a copy of the transcript from the City Clerk's office that some were not answered. They were not in my questionnaire, and per- haps there may have been some confusion on that, but I will re- submit those to you in written form, so that we won't have to take any time during this session. Bernard Garmire, Chief of Police: You will recall that on 21 November there were certain suggestions made by me for con- sideration by the Commission and the Manager's office. I would like to just recap those briefly, so that we can keep this in perspective, and I can give you some progress --- Mayor Ferre: Would you speak up? I can't hear you. Chief Garmire: I'd like to report on those briefly for re- capping, and then give you the progress report on each of them. You will recall that the number one suggestion we had was the implementation of the Police Service Aid Program. Number two was that the department needed to implement immediately the hiring.of twenty-eight civilians to fill positions, and by so doing we could release police officers for street duty. The expansion of our three -wheel motorcycle program from twenty- nine to thirty-nine beats, and to cover men, and to cover twenty-two beats instead,of thirteen beats; to immediately be- gin hiring police officers to fill the vacancies in the 12-13-73 77 department, so that we could assign them to the criminal jus- tics institute for training. A progress report on these: Our manpower release program is continuing and the officers are being replaced by civilians just as rapidly as eligible candi- dates can be selected from the list established by the Civil Service Office. At the close of business December the 12th, lest evening, the selection of civilian employees had progressed as follows: Thirty-three persons have been interviewed, includ- ing six police department employees eligible for promotion. Fourteen accepted employment. Seven are working --- Mayor Ferre: Excuse me, Chief, I didn't hear that. Chief Garmire: Fourteen accepted the employment, or were accepted for employment. Seven are now working in the depart- ment. Six are still in the selection process; medical examina- tions and various other routines. One of them did not show up for work as agreed. As a direct result of this program eight police officers have been transferred from desk to line duties. One more officer will be transferred on the 16th of December, and the remaining nineteen will be released as rapidly as pos- sible. Also ten other officers have been re -assigned from activities in the Operations Division to work on foot beats and other line duties. We have instituted walking canine beats. Three walking canine beats have been instituted since two Decem- ber. The coverage is provided on a seven -day -per -week basis; Bayfront Park, Lummus Park, the Expressway Parking areas south of first Street. The foot patrol detail, with a complement of one lieutenant, two sergeants and twenty officers was implemented on 10 December. It includes a two -man beat at Grand and Douglas inCoconut Grove; a one-man beat on Flagler Street from 6th to 15th Avenues; a one-man beat on SW 8th Street from 9 to 19 Ave- nues; a two man beat in the Jordan Marsh -Sears Roebuck area and Jefferson Store shopping complex; a one-man beat at the Gesu Church to the Miami -Dade Junior College area; a one-man beat in the Biscayne Shopping Plaza area, and a one-man bicycle beats on Biscayne Boulevard. This is running from 62 to 76. I see a smile on your countenance, sir. This isn't new to policing. It's something that hasn't been tried for a number of years, but we want to try anything we believe might be effective, and we are trying the bicycles. Mayor Ferre: Do they use that in London, the bicycles? Chief Garmire: It's used rather extensively throughout Great Britain. Mayor Ferre; Do you think that's something that we might study further. It's kind of a half -way point. It is quicker than on foot, but not as --- Chief Garmire: use of bicycles. We Mayor Ferre: to ride tricycles. Yes; I think there is a potential for the hope to get more sturdily built bicycles. Or even Chief Garmire: wheels, sir. tricycles. Even Plummer knows how Well, we could give him some training 12-13-73 78 • Chief Garmire: To answer your question, we believe that a bicycle can be effective, and we hope to explore the possi- bilities. On the three -►wheeler program, this program consists of 29 officers covering 16 three --wheel tours of duty per day on 13 beats, with three of these beats overlapping. On Sunday, 9 December, four additional men were assigned to the detail, and are currently being trained. As quickly as three -wheel vehicles are made available the alignment will be expanded to include a beat on Decorator's Row to Bay Point, and the current Little Havana beat will be expanded, with an additional youth assigned there. We have currently on order ten three -wheel motorcycles, and as I explained on --- Mayor Ferre: When will they be delivered? Chief Garmire: Well, they will not be delivered for about four months. However, in the interim we have located some three - wheeled scooter types, known as the West Coasters, and are ex- pecting almost immediate delivery on those. As soon as they arrive it will be implemented. Mayor Ferre: Well, let me ask you what you are going to do with them when you get the other ten? Mr. Andrews: May I answer that, Chief? These are pieces of equipment that we would normally use in our other departments for the operation of the City, and rather than purchase them new for the other departments we are buying them and letting the police use them. Chief Garmire: We have plans and we are progressing and securing the services of 28 people who will enter the Criminal Justice Institute for training starting in January. And that, in essence, is the progress that we have made to date. I would say that we are doing everything we can to implement the full program, and just as soon as possible it will be implemented. Mr. Plummer: One of the concerns that I had was that in fact on Sundays in downtown Miami there were no beat men. Now in this new plan has that situation been rectified? Chief Garmire: It has been rectified; we are going to have seven -day -week coverage in many of the areas downtown. Mr. Plummer: Are you planning on having as many beat men in the downtown Flagler Street area as you have all during the week? Chief Garmire: No, sir; we will not. We can't sustain it; and t he traffic, both pedestrian and vehicular is such, the crime rate is such that on Sundays in that area is not as great as during the week. We will have what we consider to be adequate coverage, but we have quite a concentration of manpower down there every day of the week except Sundays. It will be cut back on Sundays. Mr. Plummer: But you will have some foot patrols in the downtown area. 79 12-13-73 Chief Garmire: Yee, it will be covered. Mayor Ferre: Let's see if there are any questions from the Commission, first. Mr. Plummer: The question that I had of the Chief last meeting west Chief, we found the money that you said was an immediate need. I also asked you at that time if you could formulate a plan --I think it was your indication that a great deal more money would be needed, and once I listened to the tape, by the way, I excuse the pun --and it was a pun --to put you under the gun. I realize I shouldn't have said that, but it is a terminology I use quite often; but to put you under a time limit, and you said that you thought that you could come up by this meeting with a plan telling this Commission exactly over-all what your needs are beyond that which we provided at the last meeting. As I recall, you said that this was just a start; that you would come back at this meeting with the over- all plan of what you needed, and I tried to give you more time and you said, No; that you could do it. Now, I ask you; is that plan ready for presentation? Chief Garmire: A copy of the plan has been given to the City Manager, and is available. It's a rather lengthy document. Mayor Ferre: When is that going to be made available to the Commission? Mr. Andrews: I would say within the next several days. I'd like to have the opportunity to review it, and discuss aspects of it, if they need to be discussed, with the Chief, and I'll certainly transmit it to you. Nee. Rose Gordon: Chief, what is your thinking on the motor scooters, as used by some of the cities up north? Chief Garmire: Motor scooters have been used in many cities, and they have been used in the City of Miami. They have been abandoned, in many instance%,in favor of the three -wheel motor- cycle, simply because it's a much sturdier vehicle; it's one that can be controlled easier; it can carry a considerable number of supplies, and can do practically anything that the scooters can do. Mrs. Gordon: Except that --I was wondering about the side- walk application of a scooter as opposed to a three -wheel motor- cycle. Chief Garmire: We would frown on the use of a motor vehicle that is on the sidewalk. Mrs. Gordon: I would, too, except in cases of emergency. Chief Garmire: Well, a three -►heel motorcycle is quite versatile, and could go up on the sidewalks, if necessary; and at night we would recommend that the patrol officers, the beat officers, check their buildings by riding along next to them on 12-13-73 80 the sidewalk at the time when there is no pedestrian traffic. It can do, in our opinion, and through experience; the three - wheel motorcycle can accomplish practically everything that a scooter can. Mr. Plummer: I would like to give to Chief Garmire an article which was given to me; and it is something which really just burst a bubble, that I have been an advocate of for some time. I hope we can look at this article, because the expertise here that is given forth i don't think anyone would deny that he is an expert. This is an article which appeared in Time Magazine on the 3rd of December of this year, and for the record I would like to read it, and then I will give it to you. It's titled, Squad Car Skid. Do police patrolling in cars really cut down the crime rate? Newly named F.B.I. Director, Clarence Kelley, decided to test the long accepted axiom last year when he was Chief of Police in Kansas City, Missouri. Kelley selected three urban areas that had similar crime and population patterns. In one, all cruising squad car patrols were eliminated. The second was covered by five cars, just as they had been before the experiment. The third area was flooded with fifteen cars. The year long experiment, which ended in October, indicates that patrol cars have no significant effect on crime. In each of the three neighborhoods the number of murders, rapes, assaults, robberies, burglaries, grand larcenies, and auto thefts varied by less than six per cent. from the average total of thirteen thousand, one hundred. Indeed the area with the fewest crimes, by a slight amount, was the neighborhood that had no regular patrol cars at all. i bring this up so that, maybe you, Chief Garmire, would like to get a more in depth of this study that was made; that in fact th area without patrol cars, at the end of the test period came up with less crime. I don't know what methods were achieved, but I personally think it is worth looking into, and I give you this article. Mayor Ferre: Well, let's get the Chief's opinion on it, because I saw him shaking his head. Does that mean that you have a concern --- Chief Garmire: i would just like to point out to the Commission that Mr. Clarence Kelley and I have been close friends for a good many years, and I have been in constant contact with him on the experiments which are funded by the Police Foundation. This has been a theory that we have had for some time, and as I pointed out on 21 November to this Commission we have encased our patrolmen in steel cocoons and sent them out from the station, and they have become a security blanket, a psychological security blanket for the community at large, and almost daily we receive complaints from the people --and rightly so --throughout the city that they never see a patrol car. Unfortunately people are equating safety with police vehicles, rather than good, effective police work. I thoroughly subscribe to this, and as a matter of fact, we have this well documented, and we have some of the studies available in the department. I firmly believe that the traditional concepts of policing are no longer valid, and it be- hooves us in the police service to experiment, such as Mr. Kelley was responsible for experimenting in Kansas City, to come up with 12-13-73 81 a more viable, effective program than we have today. It's archaic, obsolete, and is not doing the job. Mayor Ferrel Are there any more questions of Chief Garmire from the Commission? Chief, we have a request here that a copy of your statement be made available to the press. Do you have a typed copy? Chief Garmire: I do not have a copy this time. I will be glad to talk to the press. Mayor Ferre: Let me make this statement: I think ob- viously this whole community has a serious concern, and it is being repeated continuously by calls that you get and letters that we get, and throughout the administration, and this Commis- sion. I, myself, have received literally hundreds and hundreds of letters and telephone calls, and after I have answered'the preliminary answers, I am making them all available to Mr. Andrews, and I hope you, in turn, will pass them on to the Chief. As I stated before, you have answered some basic ques- tions; you have not answered all of the questions. In all fairness to you I` would like'to put all of these questions that I think have been unanswered, and then request, perhaps on the 20th, after we --you are going to release this statement in the next few days, Paul? Mr. Andrews: Yes. Mayor Ferre: So that might give us some time. I think it's important that we keep a rapport going here for a while, and I would not like to wait until January. Mr. Andrews: I will have reviewed this in the next two days or so, over the week -end, and by Monday I will have communicated with the Commission in reference to it. Mayor Ferre: I think it's unrealistic to think that an hour is sufficient to go over some of these questions and answers, so I would like to request that we allocate two hours on the 20th to the subject, and I think at that time we can get into more depth as to your answers, and that will give you an opportunity. I will try by tomorrow to get all these questions to you so you will have six days --and these are not, for the most part, new questions: these are just questions, and Ralph, I don't know -- did you make available to everybody else these questions tis t were, or that came out of the minutes. Ralph Ongie, Assistant City Clerk: ,Mr. Ferre, the transcript was in process all of this past time, and it is fifty-five pages long, but it's now complete. Mayor Ferre: I am not concerned about the full transcript. I am just concerned about what you sent me. You see, all these areas that are questions, because many of them were asked verbatim but were not in writing, and I think that's why they haven't been answered, probably. So I will try tomorrow to dedicate some time, Chief, to compiling all these questions and submitting them to 12-13-73 82 you, hopefully if not by tomorrow, certainly by Saturday morning, sill make them available,, and perhaps in the first two days of next week you might be able to get some --if not we will just continue those things until we have the answers. I think it's a matter of concern for everyone. I didn't like the editorial -- I don't know whether you saw Channel 4's editorial yesterday -- these are the type of things that are continually cropping up, and I think we have got to satisfythe community; your community and my community, that we are asking all the questions that are being asked by everyone, and we are getting all the answers. Whether or not we agree on the answers, or whether or not that leads to other questions, or whether or not this Commission might want to take directions, like we did last week --you know, positive directions --I am talking about positive measures here --is some- thing that I think will only come out of the proper development of questions and answers, so I hope you will indulge with us and understand the intent of the questions that are forthcoming and the answers and the discussion which I hope we will have at this next session. Mr. Plummer: Mr. Mayor --and Chief, this is unrelated to the other things we have just talked about --later on in the discus- cussion of our agenda --and please don't misconstrue; i didn't give you money three weeks ago and now I am trying to take it back --Mr. Andrews, this is a fair question to ask of you. We diverted moneys from the Federal Revenue Sharing of seven hundred and fifty thousand dollars. Now, Paul, we have known over a per- iod of time, that is for allocation of a one-year program. My question now to you is, do you feel that the Chief is going to need that entire amount for this 12 months, or until the end of this fiscal year. Let me tell you what I am getting at. Chief Kenny is going to come up here and ask us for roughly seventy- five thousand dollars for the rescue program. Now, is it possible-- i am not saying I am trying to browbeat you in any way --that of that money, all of that seven hundred fifty-six thousand is not going to be used, that we could divert for the time being to Chief Kenney, because the way you have it allocated of taking it away from that computer type system I would hate to see, so I am asking in fairness, is it possible, since these people will be going into the academy, since the equipment won't be delivered for a period of time, is it possible that we could take from that money the seventy-five thousand, rather than to tear up the computer system, which is in the works and sorely needed by this City? Is that possible? Mr. Andrews: It may be, but I am extremely doubtful, because, in all sincerety, we are pushing as hard on this as any- thing that we have done. The amount of allocation for the new recruits was based on them. going into a class on January 7th. The replacement of the civilians; it was hoped that that could take place within thirty days, and the way we are progressing it would appear that we are going to have the civilians in place within the thirty -day period, and then the ordering of the equipment, if you buy it the last month or the first month of the fiscal year, it's still going to be the same expenditure. But let me say this; that in going over the Chief's report that he has supplied to me for the greater things that are needed in a department, I will at 12-13-73 83 s that time also go over the progress of our current program of the seven hundred and fifty-six and see if there is any lee -way in there at all. rl1 re-examine that and get back with the Chief to snake sure of the information I have just given you. Mr. Plummer: I think it's a must. Mayor Ferree Now, Chief, I don't want you to take this badly, but I want to make this point. On the 21st you told us that it was going to take six months to implement some things, and a year, and it looked like a real long, drawn out —and I just warit to point out how in three weeks you have really taken a dent into a lot of these problems and turned them around and come back with solutions, and things that were going to take a month or months to do have been done in a period of weeks; and again this is not only in reference to you, but this is what we were talking about with all these plans. Somewhere along the line we have got to marry the profession of future plans with the practicality of immediate need, and I think this is obviously what you have been doing. It doesn't satisfy what you want here, but it certainly is better than what we had over on the other side, and I think -- I commend you for moving as quickly as you have in these areas and hope that you continue to move in those areas of implementation where we can move with innovation, like using bicycles, or using motorized tri-scooters, and that type of thing, and getting some of the canine units out, and so on, on some of the walking beats. I hope we go beyond that and hope that on the meeting that we are going to have on the 20th, which is a week from today, that we will then get into other areas which I think are of interest to the citizens. We have some people that want to address themselves to the question of the Police Department, and I'd be grateful, Chief, if you would stay, in case there are some questions that need to be answered. Mr. Robert Rennick: Before I start, if you will forget about the old adage, beware of Greeks bearing gifts, I have a little pre -Christmas gift from the students of Miami Edison Senior High School for each one of you. (Distributed gifts), Now I'll tell you why I am here --and I am very happy that I happen to be here on a day that the Chief is here. Dealing in education, and read- ing the papers in recent weeks, we at the School Board were very pleased to see the action that has been taken; and one deterrent to crime in the City of Miami, as well as in the County, is the purpose of school resource officers. To understand the need for -- there will be some statistics here and I know you will get bored with them, but I have chopped it up as much as I can --- Mayor Ferrel How long.are you going to talk, because we have got you down for five minutes? Mr. Rennick: All right. The following are statements from the President's Commission on Crime, and how they relate to juve- niles. In the age group from eleven to seventeen, representing 13.2 of our population, they were responsible for over one-half of the offenses in the United States. This percentage is higher in the fifteen to seventeen year old age group. Of the seven indexed crimes, the three crimes which represent approximately 80% of the indexed, larceny, burglary and auto theft, and juvenile offenders represent fifty per cent. of the arrests for the three crimes. Now we get into what is a school resource officer. The functions of an SRO program, the procedures and its goals will, upon examination, indicate that it aspires towards innovation and 84 12-13-73 a more sophisticated service to the community. At a time when the police service is an object of severe criticism because of the roll it has played in the social upheaval of our nation the SRO program can be viewed as a harbinger of a better future. When criticism is centered upon the inability of the police to respond to 20th Century techniques and 20th Century problems, the school resource program is a product of this century and seeks to provide a partial answer to the number one problem that society faces, juvenile delinquency. What are the objectives? The objectives of the police resource officer program are to provide better police resource assistance to school personnel, students and parents in junior high school and senior high school and elementary schools, to orient students of junior high school age and younger toward a more positive concept of police and law enforcement; to develop better understanding of law enforce- ment function among students, educators and parents; to combat crime on a pre -delinquent preventative basis. The police are concerned with the prevention of crime; the suppression of crime, and the apprehension of persons as a last resort. This program provides for prevention of juvenile delinquency through contact with children and faculty by way of programs specifically de- veloped to respond to those factors and conditions which give rise to this delinquency. In addition, the children who attend a complex school, and their referral to the appropriate agency for adjudication, plus the referral of these children who come to the attention of the school resource officers apparent that they have a social, economic or psychological problem they might be helped by them. This is an adoption of the student resource officer program in the City of Miami Police Department. The true resource officer program of the City of Miami in the Police Depart- ment was instituted in October of 1969. It was formulated and de- veloped by the school resource unit which was one of the three assigned to the community relations section. What we have said, and speaking with the administration --and I will get to it in the latter part of my speech, Mr. Mayor --I am trying to hurry this up --that we would be more than welcome to pay the expenses, of anywhere from two to four police resource officers to send them to Flint, Michigan on a two week training course, which comes up once a year, so that each and every one of them can be trained. These are just a few comments by people in the community that have some input: Principal Robert E. Lee says, we have noted a substantial decline in the serious problems that we had experienced before, and a much improved attitude of students to- ward law enforcement. Another comment: Our school is a better school. I would not want to be without this program. That's from the District Superintendent. I have had many comments from' students, teachers, principals and parents about how much they like the idea of the SRO. Principals who do not have this program are standing in line to get the next unit available. This is from the principal of Booker T. Washington. From the principal of Ada Merritt; the school resources program has been an overwhelming success at our school, and we pride ourselves in the fact that, although our school was newly integrated, no racial problems de- veloped in it in which outside help was required. I believe this is one of the finest programs instituted by the Miami Police Department, and I am sure that it does much to stem the flow of 12-13-73 85 juvenile delinquency. The above excerpts were taken from just a few of numerous letters we received commending the school resource officer program. And now the reason 1 am here. What I am here for is not for you to curtail the SRO officers in our schools, which 1 have recently read in the press, but to expand the program to include at least one officer in each senior high school in the city. We have three at present. We need one more at Miami Edison Senior High School. Have one officer at all junior high schools, an addition of four more as a start, and at least the start of a program at the elementary level, at your discretion; a total of forty-three schools involved which have no SRO's; a program there. Crime in our community can be controlled, and I urge you to take action and start at the beginning, our schools. The backbone of any city is our young people, for they will be our future leaders. I urge you please to extend at least to these five, and not cut back on this important learning process. Let the children know, love and understand our policemen and women. Mayor Ferre: Mr. Rennick, I, personally, could not agree with y u more on the importance of the SRO program, and I am sure you would find concurrence in the administration, the Chief and everyone else. The problem, as I see it, is the same thing as in church I heard on Sunday when the epistle was read, or the other day, when there was reference to that part of the Bible when the lamb was lost and the rejoicing of the shepherd when he gets that one sheep back, even though he has ninety-nine other sheep to worry about; but he is concerned about the one that he has lost; and I think the problem, as this Commission has focused it, as I understand it, is that at this particular point we have evidently a shortage of people to do the specific jobs that need to be done, and, if you will, it's like putting out fires, unfortunately, but before we can put our house in order I think we have to concentrate on the short end of this --and I hope it is a short end and won't be for too long a period --if we try to put the emphasis where I think we are trying to put it, fully cognizant of the fact that the eventual solution, and the only real solution to the problem, is through an educational process. We must address ourselves, in all of this, to the cycle of poverty, to the socially and economic- ally deprived, to the educational process, to the drug problem for kids of all economic and social levels, and we fully recognize this, and I am sure you have the assurance of everyone in the City of Miami that we are very cognizant of the importance of the SRO program. I don't know whether everybody agrees with this or not. Mr. Plummer: Bob, let me ask you a question, because, really, you all spend a lot of money every year on security. At the present time, or before the cut -back --and there is a cut -back; no question about it, because, number one, we knocked out the expan- sion program which we had provided for, and number two; we have reduced about fifty per cent. the men that presently were serving. Now, at the present time, this service to the schools, which is without question a fantastic service, is not costing the School Board money. At the last meeting it was brought up that if this program was to continue, the School Board was going to have to subsidize, or pick up the tab, for this program. Now, I know you can't speak for everyone on the School Board, but I think that you should be made aware of the fact that, even if this program is to continue, from the general conversation that I get, that if you want to continue it as it is now, you had better be finding a half million dollars, because that's just about what it is costing the City; so these are same things I think you had better take 86 12-13-73 back home with you; that these programs are not only difficult from the standpoint right now of manpower, which we sorely need elsewhere,but it is also costing a half million dollars to the people of the City of Miami to provide it. Now let me just go one step further --always where there is bad news there should be good -yesterday in our discussion with Mayor Orr he indicated at that time that he felt, as to his knowledge of this program, that it was in fact a very fine program and he was hopeful from the standpoint of the County that there might be some funding avail- able to implement this program County -wide, rather than as it exists today. What I am trying to say is I am raising that flag of caution that, yes, this is a good program, but yes, it is ex- pensive, and if the School Board wants it to continue as badly as we do, they better be giving a lot of thought to coming up with some hard, cold dollars to supplement this program. I think that's a fair statement to make. Mr. Arthur Ettinger: I would like to direct some questions to Chief Garmire, if I may. Mayor Ferre: No, sir; you direct your questions to the Chair. Mr. Ettinger: All right. When a citizen against a City of Miami police partmental procedure? complaint is made by a officer, what is the de - Mayor Ferre: Mr. Andrews, how do you want to handle this, sir? Mr. Andrews: You want the Chief to become involved in this, or do you want to answer? Mr. Plummer: May I suggest --Mr. Ettinger, do you have, maybe ten or twelve, or fifteen questions? Mr. Ettinger: Well, I have a lot more than that, but with five minutes we can't Mr. Plummer: Mr. Mayor, if I may suggest, maybe he can supply this list to the Chief we can hear from the other two speakers, and then the Chief could prepare himself to answer, if he can. I don't know that he can in this short period of time. I would hope that you could have supplied those questions, so that the answers could be ready. Mayor Ferre: Like we are doing. Mr. Ettinger: I'll do better than that. If you will give me time to speak at the next meeting, I'll present you with a copy of the questions, and you can present them to the Chief. Mayor Ferre: Rather than to do that, Mr. Ettinger, let's do this. If you will give Mr. Andrews your questions, he will sub- mit them to the Chief and they can be answered in writing, and if then you have any questions on the written answers, then you can address yourself to those. Mr. Ettinger: That's agreeable. Mayor Ferrel We will now listen to Mr. Pettee, who is recog- nized for five minutes. 12-13-73 87 a Mr. Petteet I am Ed Pettee, a concerned Edison Park business - Man. •Since Chief Garmire's Operation Impact presentation on July 22, 1971, we have been listening to police promises and promises, yet crime is climbing. We are burning a tremendous amount of gasoline and wearing out a lot of cars in the sealed cocoon tour- ' Mayor Ferret Mr. Pettee, excuse me for interrupting you. You are'reading from a prepared statement, as I see. You are down here for five minutes. It's going to take you more than five minutes to read the full statement. Mr. Pettee: Well, how about giving me one of your three minute periods. I won't exceed the time that you have allotted to Mr. Rennick. Mayor Ferret We are way behind, but I will be as lenient as I can, but please try to hurry it. Mr. Pettee: You bet I will. Now we get constant static that citizens do not become involved. Our real concern is the minimum involvement by our high -paid police brass in crime and its preven- tion. If we once get our patrolmen out of the station why not deliver them for foot duty --and maybe the Chief is thinking about this now after your prodding --and see to it that they are properly supervised --and I mean specifically high crime areas. As Reverend Gibson suggested, what we need in the Police Department is much more of a man-to-man relationship. Patrol cars, cycles will not bring us success. We need to humanize our police work. If they must write a few tickets, let it be for bottles and cans and littering while they are on foot. It certainly would be a worth- while effort toward restoring once beautiful Miami. Mr. Mayor, just as you pointed out, the operation of the police Department can be likened to a business establishment. When the business is in trouble you find ways and means of correcting the problems, or you go broke, and it's about time the Chief starts digging for his answers. I think he has started, after your prodding. Let's see some results in crime reduction and crime prevention with what resources we have now. The constant fear of crime can only be overcome, not through double talk, but through the recognition of the presence of police, and equally important, the prompt re- sponse by the police to calls for help. If the Chief can say loudly and clearly that your police officers have attained a sig- nificant degree of success, then it would seem we are lost. The Chief leads us to believe that all we need to do is to keep throw- ing money at him. Money is not the answer to a bankrupt business or a sinking police department. Be must live this job as Chief of Police. Administrative efforts appear"to be at a low level. Morale appears to be at a low level. If we fail to recognize this now, the three-quarter million will go for naught, plus all the other millions. The police administration needs to take inventory of its current assets right now; not six months from now, and re -align the current goal of fighting crime. Additional men I don't believe they need. Mr. Mayor, your question, and the in- quiries of other Commissioners during the November meeting with the Chief, I don't think brought you an answer at all. When you talked about traffic enforcement, it would not even rate a B. 3f we allow the Chief to continue the old platitudes about people killed by autos, then we shall never accomplish what the Chief himself has suggested; to see that the parks, the streets, the Se' 12-13-73 neighborhoods of Miami, are safe for our citizens to walk in once again. The elite carts of the Miami Police Department seems to be the two -wheel motorcycle group, and many of our finest officers are busy here; promoted, if you will, from our crime fighting three-wheelers. If our police program is tuned to making the parks and streets of Miami safe for our citizens, then pray tell me, why do we give priority to the two -wheel program? The recent purchase of eleven brand new two -wheelers, with sophisticated radio equipment, certainly continues this group as the elite corps and is a monument to the lack of vision of our police administra- tion. Recognition for our patrolmen should come from fighting crime and crime prevention; not for a few revenue producing traffic tickets or headlines on prostitution. Why must we wait twenty-four weeks to attain what the Chief suggested in summary three? These ten additional men could immediately be transferred from the elite corps to three -wheel duty, or foot duty, or bicycle duty right now, rather than a half year from now. The Chief's priorities need sharp revision. A headline recently -a lot of people saw that --was the remark of a police sergeant recently in a comment on a crime on a Miami street. It's about time we get these sergeants and other supervisors out in the streets where they can see, and better supervise and direct efforts toward meaningful police work. The police telephone complaint room cer- tainly needs increased top brass supervision. A better manned telephone complaint room could help to get a more effective job done and eliminate a lot of fear. Chief Garmire should be able to recognize now that permissiveness with our patrolmen is not going to produce the wanted results. Accepting a few traffic tickets as a measure of a day's police work needs to be corrected imme- diately. Police administrators tell us there is no point system. I believe them, but does the Chief know what his sergeants are doing; does he know what the yardstick is for measuring a police day's work. The day after day reminder from the sergeants to the patrolmen is simply this; certainly if you are working you must have some tickets. This is a much more potent threat to the patrolman than any point system. It would appear on the present basis that the stranglehold of the easy traffic ticket as the count of the day's police work never will be broken. This seems to be the real cancer of our police department. Mr. Mayor, I hope we have not wasted three-quarters of a million just to pick up a few more nit-picking traffic tickets. Chief Garmire, the re -direction needs to start with your sergeants and administra- tors towards honest to God police work. We need to develop some pride of accomplishment in our patrolmen. Our police have been using the money crutch for years. They have money; millions from Uncle Sam; millions from the budget, plus a twenty million bond issue from the concerned citizens of Miami, plus revenue sharing, and now another three-quarters of a million; and the Chief says he will request much more. I think he has an insatiable appetite for money, and we certainly need some discipline in spend- ing here. After millions of dollars and years of waiting for a meaningful reduction in crime, it proves again that money is not the answer. Additional manpower under the present program will provide nothing but a greater debacle. Police already have the four -day week, which was promised some time ago as a great stimu- lant and builder of morale and police efficiency. The failure of present police methods is apparent to the Miami business people. What do'we need? It's increased emphasis on crime prevention; 12-13-73 89 more selective traffic enforcement, and much higher levels of police super%'.sion. Officers in patrol cars should be relieved of a major portion of so-called traffic duty. Get them out of these sealed cocoons. Get them back to crime prevention, police work. Through proper police management the task of assigning a three-wheeler on a regular basis to a high violent crime area, such as Edison Park,will not be an impossible task. Through proper police management patrolmen will be in evidence, so that business people will not have to operate behind front locked doors, while police whiz by in their sealed silk cocoons, and the small businessman will not feel the need for private police, which he can ill afford. Through proper police management we might also train the businessman in the handling of firearms, so that the hold-up man will no longer feel that he has a comfortable no -gun - to -face position in his pursuit of crime. Through proper police management we might also coach the businessman in the handling and training of a dog to afford some additional protection. None of this will be possible if we continue the present touring car assignments_ Drugs, gambling, prostitution; all need to be regu- lated, but not at the expense of police work on violent crimes. The police cry of guns must go is out of order if we are unable to change the police methods. If we can't have a policeman in evidence more often in a crime area, then we will all need to arm ourselves to the teeth. Mr. Mayor, why not ask the Chief how he is going to get more police man hours in evidence now, with present resources, in the central district, in Edison Park? Mr. Mayor, why not ask the Chief how he is going to see to it that the parks, streets and the neighborhoods are safe for our citizens; now, not six months from now? Why not ask the Chief how he is going to get the front doors of business establishments unlocked again during the daylight business hours? The Commission is to be congratulated on its request of the Chief for prompt access to police happenings. The events of the months ahead can be mean- ingful if this Commission will insist upon its monthly accounting of crime fighting activities; not traffic tickets, prostitution, wire -tapping, or anything else. Members of this Commission will continue to be bugged by citizens if the practice of top billing to other activities is not eliminated while we continue to live with a high violent crime record. Businessmen in Edison Park are saying it is not worth it. In the central district earlier this year police advised women to stay out, even during daylight hours. Good advice, I would say, if our police are unable to revise their priorities, but a mighty poor prelude to the Commission's desire to restore downtown Miami as a worthwhile shopping, educa- tional, business and live-in community. I need not remind the Commissioners, and the Chief, that this is not a new crime crisis. It has been with us for a long time. I respectfully ask that this Commission seriously review appropriations for police until we can see some evidence of improvement in top police administration of our present resources and manpower. Mr. Plummer: Just for Mr. Pettee's information --it might interest you, sir, as it did me --do you have any idea right off the top of your head, or just try to take an educated guess --and I am not defending Chief Garmire; he is a big boy and he can do it himself --but do you have any idea of what his total budget is for salaries? 12-13-73 90 Mr. Pettees No, 1 am not informed on that subject. Mr. Pluantert Well, let me tell you, sir. Of his total bud- get, as well as every other budget right now in the City of Miami, 82% goes for salaries. I just thought you might like to know where a great deal of the money is going. Mr. Pettee: Well, I don't object to spending 82% for salaries. What I do object to is seeing these cars whiz by and we never see a policeman in evidence. I think we are in the pursuit of failure on our present program. It took the Commission to shake the Chief up. I think you are on the right track, and I hope you will stay with it. Mayor Ferre: Let me make a comment, Mr. Pettee on what you said, and on your statement. I am sure Mr. Andrews has a copy of it, and he will make --Chief did you get a copy of it? I want to point something out, Chief and Mr. Andrews, and members of the administration. This man, whether he is right or wrong --and I am not passing judgment on what he said here; whether it is right or wrong--I-think a lot of the things he said are very exaggerated -- but the point is he, as an honest, dedicated, concerned citizen, has taken the time to put this in writing and to come here before this Commission and express an opinion, just like the hundreds of letters that we have all received. Now, whether he is right or wrong, I commend you for your interest and time and effort that you put into it. Now whether he is right or wrong, he deserves an answer, and he deserves a continuous answer to continuous questions. Now, this is why, Mr. Andrews, I have mentioned to you on several occasions that I think it is important, it's very, very important to this community, that the administration --and by that I mean Chief Garmire and yourself, and other members of the administration,be available, be accessible, because, you see, a lot of the exaggerations that come out of statements that might be based on misunderstandings could probably be cleared up if we had more communication; if the administration were more accessible. We have got nothing to be, or we shouldn't have anything to be scared of. we have got nothing to hide, or we shouldn't have anything to hide; and I oink the sense of the Legislature when they went into all these government in the sunshine laws was the very simple fact that in the long run --it's painful in the imme- diate --but in the long term it's better to have an openness and complete communication than to have emotions building up, pent-up; questions not being answered, or being up in the --you know, you may say, they haven't been answered because they haven't been asked, and that's partially true, but a lot of times they haven't been asked because people didn't think they could get an answer. So it's one of these chicken and egg situations; and I am not here casting aspersions as to who is right or who is wrong. That's not my point. My point is that I think that as you begin your administration, as the Manager, and I, as Mayor, that I think we have to continually address ourselves --you in your capacity with the administration, and the Chie£ and the Commission in our capa- city, not only asking questions, but demanding answers even to exaggerated statements and statements that may not see the full spectrum of the problems. I am absolutely certain that a man, a 12-13-73 91 reasonable man like Mr. Pettee, if somebody spent a half an hour with him, somehow --and by him I mean the thousands of Mr. Pettee's that have questions in the midst of our city --and it's not a problem you are going to solve in one day or one week, or even in a year; it's a continuous problem, but we have got to address our- selves to be available and accessible, and if it means by going on television, or going to newspapers and answering a panel of ques- tions, I think we have got to face that without fear and with a full --and I am not saying that we are fearful --and I don't want to imply that we are hiding anything; I don't want anybody to mis- construe anything. That's not what I mean. What I mean is that we don't want anybody to even suspect that we are; and I think if nothing else comes out of today, I hope this idea comes out loud and clear. Mr. Andrews: I certainly understand, and I believe the Chief understands,precicely the approach that the City Commission is attempting to accomplish, and I wholeheartedly subscribe to the idea of better communications with the public, so that they under- stand what the Police Department is trying to accomplish for the community, but at the same time I think the City Commission and I, and the Chief as well, have to create an environmental situation in which we don't approach this in the negative sense, so that the public is coming to us with repeated questions in which there are no real, sound answers, except the answers that can only be demonstrated by effort, some experimentation, renewed interest on the part of the public in a policing matter, and a sense of cooperation with the Police Department, but if we are not careful we are liable to get off on a tangent that makes almost an impos- sible situation where the public is going to respond to the Commission in a negative way by constantly telling us what's wrong and not what is --some portions of which is right, and areas where the public can cooperate with the Police Department to do a better job. Mr. Plummer: Let me ask you this, Paul. In the statement of the Mayor, do you see anything wrong --and I personally think that it is a good thing --that Chief Garmire will appear here, let's say for at least the next six months, at our first meeting, not so much to be in communication with the general public, but with this Commission; where he can tell us what has transpired for the last thirty days, and what he is planning to do for the next thirty days. Now I think that if we do that from now until the first meeting in June, I think it will be very beneficial; not only to us as Commissioners, but to the general public as well, and I would hope --I don't think we even have to put it in the form of a motion --that the Chief will appear here on our first meeting of the month, and let us know what has transpired and what he is looking forward to. Mayor Ferre: So that we don't have to end up reading in newspapers releases from Washington, or the F.B.I., or something, about --I think this is an important enough matter --I do this in my own business. If I have a problem in a department or a division I make sure that I get, as I am sure you do, daily reports and monthly reports. I don't want any surprises. And I think we ought to be . fully informed as to what is going on; that this should not be the only form of communication with the Police De- partment. 92 12-13-73 Reverend Gibson: Mr. Mayor, I hear what you are saying, but you know it kind of pains me, only for the Police Department. I am thinking that maybe we need to be confirmed by some of the other departments. I don't want to have the Chief doing all the bleeding; I want some of these other departments to bleed too, because I have some real concern about Sanitation, and all I am saying is that it might well be that once a month some of these department people need to address this commission and tell us about some of their problems. It may be that if the Chief had an opportunity every six months, or once a year, to tell us what his problems are, maybe they wouldn't have mounted and wouldn't have been compounded; and I want to end on this: I heard about the street business, improving these streets and sewers, maybe what we need to do is to hear what some of these department head's concerns are. I run a church, and I know how it is. I only tell the Bishop what I think I can get by with, so that the Bishop doesn't get to the people, you understand? And maybe the depart- ment tells the Manager, and maybe, you know --I am not saying that is happening, but I hope you read me loud and clear. Mr. Andrews: Well I indicated, I think, at the January 24th meeting, that we are going to begin our discussions as far as Sanitation Department activities are concerned, so that we can begin with that department some of the uncovering of problem areas that I am aware of, but would be better for the City Commis- sion to hear first-hand from Mr. Jones some of the problems that we have. Mr. Plummer: So in other words, that on the agendas of the first meetings of the month Chief Garmire will come here and give us what we might call and up -dated report from now until June. And in June let's hope that we can put it on a quarterly report, or a semi-annual report. Mayor Ferre: All right. Mr. Pettee: I think you have hit the proverbial nail right on the head, and I certainly hope that you will not let up in your inquiry as to what is going on. Now, of course, I have been in communication with the Chief, but as I said to one of his assis- tants not too long ago, I said the Chief would never get a gold medal for writing letters. I have written the Chief any number of letters, but I have yet to ever receive one line in return from the Chief, so possibly that's what brings this situation about. Mayor Ferre: That's exactly, Mr. Pettee. I didn't even know you were going to say that --and I want to mention that I have not ever discussed this matter with you, have I, either verbally, or aft the phone, or by letter or anything --- Mr. Pettee: Never. Mayor Ferre: ---and what he just said, Mr. Andrews, is exactly my point --and I don't mean this as a criticism or castiga- tion of Chief Garmire, but we do need more communication between the citizens and this particular department or the result is this. This is the result. And again I want to repeat; I am not subscrib- ing to what Mr. Pettee is saying here. I think he is exaggerating a lot of things, but you know where there is smoke there has got 12-13 -73 93 r s to be some fire somewhere along the line, and you he.vra got to take all these things into consideration and face them head-on, because if you don't they build up, and eventually this is where they end up. Mr. John L. London: I represent no one except myself. I dropped all my associations, both in Chicago and in Miami. The only association I have right now is my church membership, and I did that because I have been a front line crime fighter since the end of the second World War when I found the location of the black market, the headquarters for the new car and truck black market, and as a result lost my job. I was told that I would be fired from the Kraft Food Company as a chemist if I testifiedd against this group, and I testified, and I got my two weeks' notice. So I am an old time crime fighter. People say, how can a chemist be so involved. Well, there is another reason for that. I am a bachelor, which gives me the time that a married man doesn't have for things like this; and I am a bachelor because the criminal element in the country made it so tough for me and the girl I was engaged to in the second World War, we had to part in order for me to keep on the work I was doing. That explains why a chemist got involved. Now, briefly, I look at these problems both from a short-term and long-term views, and I am going to present my plan according to that. Also --- Mayor Ferre: Why don't you get on with your plan, because you have already used three minutes of your time and we are running late. Mr. London: I believe that we should not have one-man patrol cars; that the cars should not be anything but two -men patrols, and incident in my neighborhood on Biscayne Boulevard the other day, the Ekerd's holdup is a good illustration of that. I also believe that we should replace some of our patrol vehicles with what the armed forces use, as a more practical vehicle for cer- tain types of work. In other words, the jeep type of vehicle, I believe, is much`better than a passenger car for certain types of police work. And it's also --and by the way, it's my only dis- agreement with Chief Gaxmire. I am with him all the way except for this one item. I don't like these three-wheelers, nor the two -wheelers. I attended the funeral of one of our officers who was killed on a cycle as he responded to a call, and before he could get off his cycle to even know what was going on at the place he was called to a man stepped up and shot him in the head. Mr. Plummer: Is it probably reduce this to then you appear here at tions relating to it we Mr. London: Yes. possible, Mr. London, that you could writing and let us look it over, and the next meeting and if we have any ques- can ask the questions? Mr. Plummer: I think if you would furnish that to the City Manager by Monday morning he can include that to all of the Com- missioners and we can read it over, and you appear here at the next meeting and if we have any questions on it we can ask them of you. 12-13-73 94 Mr. London: All right. 1'11 close with something which 1 think I must say, because otherwise people will get the wrong impression. 1 have got suggestions for implementing police work both in the manner of personnel and equipment, but I know '-.here is no Santa Claus and we will have to pay for it, so I wioh the City Commission and Chief Garmire and those concerned to look into what legislation we need, if any at all, so that the City of Miami can become a modern city to the extent of having an auto- mobile tag fee. I have never lived in any city before where I could drive my car with just a state license. In Chicago I had to pay more for my city tag than I did for my state tag. I paid thirty-five dollars for it; and I paid according to horse- power. Now I don't know what the proper fee should be in Miami, but I'd say the minimum should be ten dollars, and possibly as high as twenty or twenty-five. Mr. Plummer: You will include that in your report? Mr. London: And we need area police stations. This city is too big to depend on just one police station, and that will be in my report. Then last, something that I as a chemist probably know more about than anyone else in this nation, and it's my number one reason for believing that I can help this nation. Now just before I say this, could I ask a question. How many members of this Commission have had at least one year of chemistry? I am heading a move to repeal the 21st amendment, because the alcohol, the licensed alcoholic beverage manufacturers' group has taken control of our Washington government for so many years, since about 1933, and I think it's time that the American people get their government back in their hands. To kill a snake you go at the head of the trouble; you don't strike at the tail, and I think the solution to our crime problems on a long-range strategic basis and repeal the 21st amendment --- Mayor Ferre: You know, that the best thing you have said today. You would be surprised how many people who are on this Commission who turn up more snakes than they can kill in one day. 22A. STATUS REPORT OF RETROACTIVE PAY PLAN FOR CITY EMPLOYEES: Mr. Plummer made the following statement: There are quite a few of the policemen here; there is Civil Service Board, Charlie Salerno --many of the people have asked, Mr. Mayor, and I have asked the City Manager to prepare a report, and I think, Paul, if you would do it now that maybe we could catch as many as --- Mayor Ferre: Are you talking about the pay plan? Mr. Plummer: No, sir; this is --the question that has been asked of me is the status report of the retroactive pay plan that every City employee is involved in, and I think, Mr. Andrews, if you will bring up just a short synopsis of that it would be bene- ficial. Mr. Andrews: All right. We have been in constant communica- tion with the Atlanta and Washington offices of the Pay, Control 12-13-73 95 aoagd, and they are reviewing our application, and 1 am meeting with them tomorrow here in our offices and t will have more infor- mation by tomorrow, and tll be glad to communicate with the Commission and the employee groups as soon as t can get that in- formation as to the status of our application. 1.2-13-73 96 23. PAY _PLAN .IMPLLME TATION POI COLIC$ PERSONNEL Mr.Andrews: I think Sgt. Salerno will want to address the Commission on this, and I will be glad to answer any additional. questions. Mayor Perre: Go ahead, Sgt. Sgt. Salerno: Mr. Mayor and Commissioners, this first dame to your attentbn back in September. There were seven members of the Police Department, that were adversely affected by the implementation of the Yarger plan. to the point where I think two of them, would receive a pay raise if they were demoted tomorrow. As a result of this inequity, and other problems with the plan, through negotiations with the City we are going to get a differential correction between the ranks of Lt. and Sgt. which will prevent this type of problem from recurring. However in the case of these officers this is going to aggravate the situation by putting subordinance officers at a higher pay grade than they are now, which will make them even higher than their command officers. We have been in contact with the Manager's office, several of the Assistants on it, and as of this time, an amicable solution has not been reached. We are still hoping that Mr. Andrews in his wisdom will find a way to correct this inequity. As i say this has been, when it first came to the Manager's attention, back in April, this office has been waiting since that time for an answer, and as of yet there has been no solution that we could find. We are hoping that without much more delay it can be resolved . Mr. Andrews: Mr. Mayor, and members of the Commission, as Sgt. Salerno and the officers know, we examine very carefully the approach they want to utilize by taking the date of implementation of the pay plan for the Captains and moving it ahead, and the Sgts. moving it back from the date, we examined that very carefully and it was not a solution that could be tolerated, because it affected almost every in the City to begin tumbling the dates back, so we closed that out by informing, -and I wrote a memorandum to the Commission and to all the officers,Sgt. Salerno, Chief Garmire, informing them that there was some other way we could approach this,that we would re -open up this case. Since that time the officers have communicated with me indicating there was another approach, we have analyzed that, and I wrote you yesterday, a memorandum that we were going to look into this and this new approach seems most promising because if I find that there is a Capt. of Sgt. who because of the way he was promoted, just before or after the pay plan, is making less money than a person that has been there a shorter period of time, then he has been there, I'd like to say frankly, I don't care what the rules say. we will find some way of adjusting so those officers are compensated on an equal basis. If we find that that is actually the case, that will corrected. Mr. Plummer: Let me ask this question, Paul. Do you think you can do it by the 20th? Mr. Andrews: We are going to try. Mt. Kummer: We get to a point where these men have, what, 6, 7,8 months, Mr. Andrews: But Sgt. Salerno can testify of all the time we have spent on this, Otempting to come up with a 12/13/73 solution, and are are not dragging our feet on this, but 1 will see if we can have an answer by the 20th. At. Pluer: Personally, 1 hope you can. I think they ate entitled to an answer, and if the answer if negative, 1 don't What this Commission can do, 1 offered a volution, but you did not like that, - Mr. Andrews: There is nothing the Commission can do in this matter. 1 can find a solution if there is one to be found. Mr. Plummer: A11 right, we will have an answer for him on the 20th. Mr. Andrews: You can be sure we will try. Mr. Plummer: You can't ask anymore than that. Sgt. Salerno: I don't want to prolong the agony any more than necessary. These men have been patient and they have sat back and waited, ---- Mayor Ferre: There is no question about that Charlie, Sgt. Salerno: It would be nice if they could have a Christmas present. Mayor Perre: I agree with that completely, and I think the Manager does, and he is going to try his beat, and he is a man of good will and you are going to have to count on that. 24. PROPOSED REMOVAL OF COCONUT GROVE INCINERATOR: Mr. Plummer: Mr. Mayor, this is an item that has been before this Commission on many occasions, and it is as referred to as "Old Smokey" in Coconut Grove. Is Mr. Mil Adams here? If you want to add to what I have to say, Mr. Mayor, I think it is time that word has passed over the board that it is now time for action, with the Police Chief here I won't advocate what,' think we should do, other than sticking a stick of dynamite to it, Mr. Andrews, I think today as far as I am concerned I am ready to offer a motion based on your memorandum that you have tried to get rid of it, tried to salvage it, tried to dispose, tried to store it, nobody wants it, obviously. I am prepared and now ready to make a motion, I'll give you the opportunity to speak, that we now put out contract and make a bid to demolish Old Smokey immediately. Mr. Andrews: Mr. Mayor and members of the Commission. I have a resolution, and mine is typed out. I don't know if Commissioner Plummer's was or not. The City, based on the Commission's direction, attempted to secure bide for the salvage of the incinerator mechanical equipment. We advertised and did a rather thorough job. We received no bids. However, just recently, by getting on a telephone, and calling the cities that have rotary kiln incinerators, and one is in DeKalb County Georgia. The DeKaib County government has expressed an interest in the incinerator enough so, they sent a gentleman down here to look at it, and he is going to write a letter and make a 98 12/13/73 propoaal to us. 1 have a resolution here which I atn caking the City Commission, because we went through the public Advertising process and received no proposals, that you give me permieaion to negotiate with someone, like another govern mental agency of DeKaib County, in order to dispose of the equipment. 1 think I can get some quick answers now. Mr. Plummer: Let me ask this question. Are you talking about just giving it to them. Mr. Andrews: No, sir, I hope we can sell it to them. Rev. Gibson: J.L., wouldn't it be, if we didn't find a buyer, which we haven't been able to find, we were going to make a disposition. Mr. Plummer: Let me tell you how to get the best of both worlds. I'll be glad to offer a motion, Mr. Andrews, that we give you 90 days in which to negotiate a sale of Old Smokey, at which time, without further motion of this Commission, if you are unable to negotiate a method of dis- posing of old Smokey, that you immediately, on the 91st day let out the bid for demolition of Old Smokey, and let's get rid of it. I offer that in the form of a motion. Mayor Ferre: We have a motion and a second, is there any further discussion. Mrs. Gordon: Yes, Mr. Mayor, I have a recommendation. I spoke to a number of people who are from the A I A and they said there was some decorative value in the tower, and they would welcome the challenge of trying to keep the tower portion painted bright colors, or whatever, at least in the 90 day period. I recommend we contact them and ask them if they are interested in, as they said they were, in development for this area. Rev. Gibson:Mr. Mayor, wait a minute, I don't think Mrs. Gordon knows what the wish of the people is. I live there, and I know more about that than a lot of folks. The people not only, the people don't want any decoration at all. The people want the thing taken down, if you could sell it, if you can't sell it, they want it taken down. That is what it is, pure and simple. I think that when we begin to entertain motions about decorative purposes, that is a prolongation of the action, and I say that I've got to go back and talk to those folks and I am not prepared to do that. The school wants it out, the people in Coral Gables want it out, the Black people,---i remember so well, we begged the Commission then not to build that incinerator there, but that was what they wanted to do, and now that it is on its way, I don't want nobody to not even entertain the notion of not letting it go. Mrs. Gordon: Mr. Gibson, don't misunderstand, and don't jump at half sentences. Let the whole thing hang out, and that is this, we don't want the accessory buildings,we are talking about the tower alone and it could very nicely could blend with the area and be an enhancement to it. I am not saying it would, and don't get excited. Don't boil over. Keep your cool. I am no architect and neither are you, it is just a suggestion, if you don't like the idea, you don't want to pursue it. drop it. 99 12/13/73 Move Gibson: I don't want to pursue it, I want to beg the ire of the Commission to move that pronto, to either sell it, or deiish it, pure and simple. (Applause) Mayor Ferre: Any further discusaion on the Ration and the second. Mold your emotions please. City Atty John Lloyd: We would have to prepare a written resolution on that if passed. Mayor Ferre: Would you get that written down so we can pass it? Mr. Ongie, Asst. City Atty: There was a resolution, prepared and we can include the amendment. about demolition at the end of.90 days. Thereupon the following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-966 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE WRITTEN PROPOSALS THROUGH NEGOTIATION FOR THE SALE OF THE COCONUT GROVE INCINERATOR ROTARY KILN MACHINERY AND EQUIPMENT; TO SUBMIT SUCH NEGOTIATIONS TO THE CITY COMMISSION FOR RATIFICATION AND AUTHORIZATION TO PROCEED WITH THE SALE OF SAID MACHINERY AND EQUIPMENT; IF CITY MANAGER IS UNABLE TO NEGOTIATE SALE IN 90 DAY PERIOD, TO SECURE BIDS FOR DEMOLITION OF INCINERATOR (Here follows body of resolution, omitted here and on file in theCity Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev.Gibaon, Mayor Ferre. NOES: None. 25. ALCOHOLIC BEVERAGES -HOURS OF SALES: Mayor Ferre: Let's take up Item 24, second reading 'hours during which sales prohibited' ----anybody want to change that? Mr. Plummer: Mr. Mayor, sure lots of people want to diange it, and just for the record, this is up for a second reading, only because, ----I offered the motion before, so that any action taken by this Commission today is final. I didn't pass it because I was in favor of it before,I passed so that they could have a first reading then, and whatever the action of the Commission was today at a public bearing, would be a final action, if approved, final today. Mr. Michael Fitzgerald: My name is Michael Fitzgerald from the law offices of Jos. M. Fitzgerald,T.A. 700 Brickell Avenue, City of Miami, we are here today representing the City of Mimi Bar owners Association, which is in favor of this proposed ordinance, with one amendment. We realize time in late, and Should not take up more than 10 or 15 minutes 100 12/13/73 • 6 of your time. Mayor Ferret Don't do that Mike, can you do it in less than 5 --'-- Mr.Fitzgerald: We can try. t'li first call on Tom Nesbitt who is president of the association, ---to say a few words. Mr. Tom Nesbitt: Ladies and Gentlemen of the City Commission, myname is Tom Nesbitt, president of the Miami Bar Owners Association, I have been here several times before and I Think most of you -have heard my argument. I would like to spend one minute running it down and I'll turn it over to somebody else. We have spent many months trying to gain equality of bar hours with the rest of Dade County. We have been to the Dade Muncipal League, and in front of this commission several times, and we are still at a standstill. We feel it is time right now to put Miami on an equal business foot- ing with the rest of the County as far as hours go. There is no reason why we should close at 7 Sunday night and they just walk across the street and have a drink some- where else. Mayor Ferre: Give me the specific hours that you are talking about. What is it you want? Mr. Nesbitt: I haven't seen a proposed ordinance, Mr. Andrews: Mr. Mayor and members of the Commission, may I interrupt you an Mr. Nesbitt, and address the Commission, what is proposed in the ordinance, is to change the liquor bar and lounges and the beer and wine bars, to a 3 A.M. closing uniformly every day of the week. On Sundays they,now, and let's take that as the most critical time, ----on Sundays they are now open from 1 PM to 7 PM and that will change from 1 PM to 3 AM and that is what is proposed in this ordinance. Mr. Nesbitt: We are for that with one amendment, and that would be we would like a 12 o'clock opening on Sunday. Mayor Ferre: I'll recognize Mr. Plummer for a comment. Mr. Plummer: What Mr. Andrews has just said is wrong. The advertised public hearing only addresses itself to Sunday hours, nothing else. Mr. Nesbitt: Mr. Plummer, I believe this covers, -- there is an :.apostrophe there and it covers the Sunday hours too. Mr. Andrews: May I read the public hearing as it was published, --"All interested will take notice that the Commission of the City of Miami at its meeting on Dec. 13, 1973 at 3:30 o'clock P.M. in Miami City Hall will hold a public hearing prior to considering on 2nd and final reading a proposed ordinance for the purpose of changing the hours of sale of alcoholic beverages for bars, all interested parties are invited to be present. Mr., Plv ar; That is fine, but let's go to the City Atty. 101 Mr. City Attorney, between that and what is here, what is the legal? Mr. L►yd, City Atty: The legal is what is reflected in the advertaeht is what you will hear. Mr. piununer: Let me nee the resolution you had prepared. Mr. Lloyd: You are talking about an ordinance. Mr. Nesbitt: Well, I think I have pretty much said that this is what we want, ---Mr. Andrews, what he has outlined here, ---- Mayor Ferre: Let's get right to it,the only difference from what he has, and what you want is, instead of 1:00 you want 12:00. Mr. Nesbitt: Yes, that is it. Mayor Ferre: Do you -object to that Plummer? Mr. Plummer: Mr. Mayor, that is only on Sunday morning. Mayor Ferre: That is right. Mr. Plummer: Now, he is talking about Mr. Andrews is talking about the full scope of the picture. But that now includes 1 AM to 3 AM. Mayor Ferre: That is right. Mr. Plummer: Unfortunately, Mr. Mayor you did not sit here and get crucified, or put up against the wall as other members of this Commission, on other public hearings we had in this case, where people came out in droves, Mr. Mayor and I am talking about the ministers, I am talking about everyone. I don't mean to put a crimp in here, and let's get this thing straight before us. Mayor Ferre: You don't know how I am going to vote. Mr. Plummer: I don't care how you are goig to vote Mr. Mayor, but I am saying to you, that in the advertise- ment, it said one way, on my agenda it says another way. and it is not just a simple one hour. Mayor ,Ferre: It has been clarified, Mr. Plummer. Mr. Lloyd: I think I can clarify it a bit. Mayor Ferre: Wait a moment, we are just going to waste a lot of time. It has been clarified. Plummer has just clarified it. You said that this is the extension to 3:00 o'clock in the morning, everyday. That is what this ordinance reads, and from 1 to 3 in the morning on Sunday, and he wants 12:00. How much clearer do you want. Is there any further discussion on it. Mr. Nesbitt: May I say one more thing. Mayor Ferre; Please. Mr. Mesbitt: You know how we stand on what we are asking for, and I would like to have Mrs. Grace Rockefeller 102 12/13/73 who ill president of the M.S. l'a* Association, make a oolent on this. Mrs. Rockefeller: Mr. Mayor, don't get frightened, I am not in the liquor business, neither is any member of my family. 1 here today on behalf of the Northeast Tax Payers Association, the Northeast Improvement Assoc. the Belle Meade Association. A number of members of these three associations are involved in the liquor business, and we are here today to recommend what Mr. Nesbitt has asked for. We do not think in any way this is going to take people away from church, it's going to drag more people into the bars, that wouldn't ordinarily be there. But a great deal of our economy depends on tourism, not only in the sumaer time but in the wintertime, when the people come to Miami for vacation, they are not getting up in the morning and punching a time clock, whether it be the summer or the winter, we think, if they want to spend their money, they should be allowed to spend it in the City of Miami, because heaven knows we need it, and not only do these people, ----I know a great many of them and not only are they good citizens, but they pay a great deal in taxes, and employment, and further than that I am one person who has spent a lot of time in raising funds for the Haven School for Mentally retarded children. I don't believe I have an audience, and I have spent a lot of money , for the Haven School, now I have found as I am sure other people, who go into this fund raising for most worthwhile charitable, fine but these people, in this bar business, are the most generous, they have never turned me down, they come across with tremendous donations. I think these people are serving a worthwhile cause, and as I said, I am one person that felt if it was going to drag people out of church, it was going to interfere with the lives of the people who do not go to bars, I would be opposed, and our associations would be opposed to it. But we are in favor of it, because we think that the people have come down here should be allowed to spend their money in the City of Miami, if they are going out for late hours they are going to find them, where they go to the County, or to another municipality, and we think this is a fine thing that should be passed and allow these people to make a fair living. . Thank you. Mr. John C. Berliner: My name is John C. Berliner, I have themPalm Lounge at 1667 W. Plagler Street. City of Miami. We feel we are victims of un-fair discrimination. In the City of Miami Beach, the City of Hialeah, and City of Coral Gables, and Miami Springs, the un-incorporated area of Dade County, a person can drink on Sunday morning or Sunday night. In the City of Miami, you cannot do so, and yet up to a couple of years ago, we pay more taxes than they did, and we feel these people are our competitors. I don't feel I am competing with people who have bars in the City of Miami. I feel I am competing with people who have bars in the City of Miami Beach, or Coral Gables, and these people have an advantage over me, and I can't see how it is possible to drink on one side of the street, and yet its possible to drink on the other side of the street. I thine is very unfair, and as far as employment is concerned, I think it makes a difference very much so. employment wise, because I would need another one or two employees, if I had 103 12/13/73 s • these extra hours. Where today the un-employment situation is very diffieult. How X would like to address myself for one minute to COMMieeik ner Plummer. t know your family has an interest in the funeral business. Do you feel that if all of a sudden we had a law that said it was against the law to conduct a funeral in the City rfMiami on Wednesday, but okay in Hialeah or coral Cables. DO you think that would be fair? Mayor Ferre: Let me answer that, the City of Coral Gables has regulations about the type of architecture, and the regulate it one way. We regulate it another way. You say that is unfair competition for the people that have businesses in Coral Gables vs. Miami. For example for years they did not allow any liquor licenses in the Gables. If you don't like it, the answer is very simple, you don't have to have your operation in Coral Gables. In other words what I am trying to point is this, and I am not for or against this -at this point. I am trying to point out to you, the different communities have different ideas and different regulations for specific purposes. Miami Shores for example is a small community, and has a whole series of regulations and laws that are completely different from the City of Miami. Mr. Nesbitt: Right, they don't have to drive too far to get a drink. Mayor Ferre: The point I am trying to make is, that is why the City of Miami is the City of Miami, which distinguishes it from Coral Gables. Mr. Nesbitt: Why should we feel that we are holier than these other people that live in the other cities. You can buy a drink in Coral Gables or Miami Beach or Eialeah or Miami Springs on Sunday morning, or Sunday night, but you can't do it in the City of Miami. Mayor Ferre: Let me put it to you another way, the Supreme Court of the United States, very recently on the question of making a decision on the judgement of what is or is not pornographic, left it to the standards of each community. Why? because they concluded rightly or wrongly, that each community might have different standards. Mr. Nesbitt: Yes, but what is your definition of a community. Dade County is a community, so is the City of Miami, but the people in Miami Beach and Coral Gables can drink on Sunday morning or Sunday night, but the people in Miami cannot. Mayor Ferre: That is why we don,'t have consolidation because the people of Miami have decided that they want to have a governmental unit that has different standards and that is up to this Commission to decide what our standards are. Mr. Nesbitt: Mr. Mayor some people on Sunday morning like to sleep in, some like to play golf, some like to fieh some like swimming some like to drink, some like to go to church, some like to take a drive, ----no matter what they want to do, come hell or high water that is exactly what they are going to do, and whether we close or open, has no bearing 'on what they want to do. 104 12/13/73 Mayor Ferret If you take that logic to the extreme, then there is no ream why we can't have live pornographic shows enya y, because if people want to see that, they are going to find a way of doing it, so there fore, permit it, Mr. Nesbitt: It has nothing to do with pornography, it is irrelevant. Mayor Ferre: It isn't because the point is, if you are arguing on a philosophical basis, but I am trying to tell you can't take the argument to the extreme, and the point I am trying to make is, that is why this commission is making that decision, because we have the right to set the type of standards we think we need in our community. Don't talk yourself out of something you have anyway. You had better be careful. Rev. Gibson: Let me help you out here. I want to be your friend. You have part of this thing in the bag. Don't make the mistake of losing it all. Mr. Nesbitt: My bar has been sold. It does not make five cents worth of difference to me. Two months ago I would have been mercenary. I'd like to say everybody is a little selfish, but my bar has been sold, and this does not make five cents to me, won or lost, so I here for a matter of principle. Unidentified person: I'd like to point out that the bar owners in the City of Miami are being discriminated against, not by other communities, but also in the City itself. Commissioner Plummer lives in the Grove, and he knows of the proliferation of the private clubs down there At 1:00 o' cl,4cY when the bars in Grove close, everybody runs across the street to the they stay open to 3 or 4 in the morning. That is something that is not equitable. I would like to point out to Rev. Gibson also one other thing about the opening to 12 o'clock rather than 1 o'clock on Sunday. As Commissioner Gibson knows and I know there is nothing inherently evil about alcohol, whether it is served on Monday, Sunday or Saturday. We all know, who read the Bible, the first miracle of Jesus Christ was to change water into wine. It was one of the last things .he did before He died on the Cross was to ask for a drink of wine, and they handed him vinegar instead. With that I'll conclude. Mayor Ferre: You had better quit while you are ahead. Mr. Plummer: I wonder why Mr..Mayor everybody today is quoting you passages from the Bible. Have you taken the hint sir, ----- Mayor Ferre: I am waiting for you to explain it. What is the will of the Commission. Do you want to take it in parts. Mr. Plummer: Mr. Mayor there is nothing for you to relinquish the chair if you have a motion. Mayor Ferre: Do you want me to make the notion? i . Plummiers-no one else wanted to,---- 1Q5 12/13/73 Mayor Ferre: 1'11 make the following motion,.. -- that we &Vide this in a series of different items, the firet one, Sunday opening at 1 o'clock, remaine 1 make snob a motion, rather than 12 o'clock, Vice Mayor iteboso: We have a motion on the floor, any second? Rev. Gibson: Mr. Mayor, let me ask, is that before 'US. Mayor Ferre: Yes, one of the things, Mr. Andrews: The ordinance was written and published on the basis that for Sunday, and I'll stay with what the Mayor? --take one item at a time,--- on Sunday, for the hour of opening of 1 PM and proposed closing of 3 AM. Rev. Gibson:I'll second the motion Mr. Mayor, I don't think we could advertise one thing and then vote on another.--- ' don't think we ought to do that. Mr. Lloyd City Atty: Let's correct that, Commissioner, we did not advertise one thing and vote on another,---- Reb. Gibson: Here is what I am saying, ---when you advertise, you advertise for 1 o'clock, ----Mr. Nesbitt wants us to go for 12 o'clock. 1 am opposed to that. R.+ecause we didn't tell the people we were going for 12 o'clock. That is why I second your motion, Vice Mayor Reboso: We have a motion and a second, -- any further discussion, Mr. Plummer: Mr. Mayor let's do this in proper perspective. This Commission has the latitude to take and open it for 24 hours if we wish, and it was so advertised that way. Mayor Ferre: What is the problem? Mr. Plummer: I am just saying that we only advertise for 1 o'clock which is not correct. Mayor Ferre: You are splitting hairs. Let's go on with the voting J.L. You happen to be right, so let's go on with the vote. Mr. Lloyd City Atty: We are taking this up in parts so what we do in each one of these motions is establish the consensus of the Commission, and then we will take the whole thing up and pass it as an ordinance, according to the consensus which has been established. Mr. Plummer: Is it possible Mr. Mayor if you could reveal to this Commission what your second motion will be as it relates to Sunday. Mayor Ferro: My second motion as it relates to Sunday is because, the' way it is now, ---- Mir, Plummer: What you are in fact making a motion is, that the Sunday sales do not change. 106 12/13/73 Mayor Perrot That in What I am going to vote on. If you wont to vote against it, vote against, or make your Own motion. Mr. Plummer: The motion we are voting on now, at the 1 o'clock, be no change? Mayor perre: That is right. Vice Mayor Reboso: Is that the motion you are talking about Father? Rev. Gibson: Yes, because that is the way it was advertised. Mr. Reboso: We have a motion and a second, --- Mrs. Gordon:If there is no change why do we need a motion? Mayor Ferre:Because what we are establishing here is the consensus of this Commission, and then when we have the consensus we are going to vote on the whole package. Mr. Lloyd: This is merely to establish the consensus of the Commission -- Mayor Ferre: Can we do this on voice vote? Mr. Lloyd: Yes. Mr. Reboso: Call the roll, --- Mr. Lloyd: If you prefer to vote on the entire ordinance. fine, Mayor Ferre: We are going to do that, Mr. Attorney be we are establishing the consensus of this Commission, Mrs. Gordon: Why don't we just vote on th e things that are changing? Mayor Ferro: It is like you want to do your way, ---I the second notion I am going of 7 o'clock on Sunday night a motion to that effect. I am making a motion to establish a consensus here of this Commission, ---the next thing I am going to do is offer 3 o'clock closing during week days. That is what I am going to offer as a motion, and then I hope after we get those three, -----we are going to vote•on it. Rev. Gibson: I want to second the motion, Mr. Mayor. saying a half dozen and six, --- take the motion back and to make is, that the hour be left as it is. I make Mayor Ferre:We have a public hearing to establish Mrs. Gordon: That is the things we want to change, from the norm, --- Mayor Ferre: We have a public hearing, the Manager has recommended something which I am going against. We are establishing a consensus. Mrs. Gordon: Ali right, go ahead. 107 12/13/73 • • Mr. Plummer: You are wrong Mr. Mayor. We have presently on our books Sunday sales only permitted from 1 to 7. The only thing that would require a motion of this Cotmnission is to change now what is on the hooks. Is that correct. Mrs. Gordon: That is what I would assume. Rev. Gibson: Mr. Vice -Mayor, ----What bothers me is that we have discussed this matter for months now. I thought we were trying to get more of less uniform hours. and I thought what Mr. Nesbitt is asking for is not what was advertised. That is the only problem I have. Mr. Plummer: Let me clarify that for you.Aa advertised by the legal department, it is the entire ordinance up for consideration. We can change any portion of that thing right now we want to if we wart to make 7 days week, 24 hours a day, the advertising covers it, am I correct? You change anything you want. but I say to you Mr. Mayor, all you needed is a motion to change, --- Mayor Ferre: I agree completely. We have spent 23 minutes on this and we could have done it in five, you agree with this Mr. Lloyd what Mr. Plummer has said? Mr. Lloyd: Yes. Mayor Ferre: The only thing we ;need to do to change, is the question of opening during the week days,right? Mr. Plummer: No, sir. Mr. Andrews: Mr. Mayor, can I be of assistance, to state it once again, and you can decide how you want to handle it. At the present time, the liquor and bar lounges on week days are open from 7 A.M. to 1 A.M. On Saturdays from 7 A.M. to 2 A.M. On Sundays from 1 P.M. to 7 P.M. and the change that was placed in the ordinance for the Commission's consideration, which you can consider, change it anyway you want to, was that on weekdays the hours would be from 7 A/M. to 3 A.M. increasing it two hours. ON Saturdays from 7 A.M. to 3 A.M. increasing the time one hour. OnSundays from 1 P.M. to 3 A.M. increasing that time from 7 P.M to 3 A.M. Mr. Nesbitt: Mr. Mayor, Mr. Plummer is 100% correct. He has it outlined perfectly, but nobody know what we are voting on ---- Mr. Plummer: I do,--- )r. Nesbitt: You are the only one, Mayor Ferre: Come on Plummer, tell us what we are voting on, so we can get moving. Mr. Plummer: Go ahead and keep making your mistakes, and I know what I am voting on. Mr. Mayor I have said all there is to say. The only motion that is coming from this Csosamission is any motion to change what the present law is. If you are in favor Mr. Mayor of extending the hours tram 1 to 3 every day of the week, then that is the motion and only the motion you would make. If you sake such a motion. I reserve the right to filibuster. Mayor Ferre: Vote against it. 108 12/13/73 M". P1u r: No, filibuster because l have to inform you of a few facto you are not aware of. Mayor Ferre: The County cloaea at l AM, is that right? Mr. Pluinier: NO, the County closes at 3,--- Mayor Ferre: It says 1 here, Mr. Plummer: The City closes at 1, and the County closes at 3,---- Mr. Andrews: According to the information I have, according to the County Code, Sec. 33.151, Mr. Plummer: Mr. Nesbitt what time does the County bars close, air, --isn't it predominantly at 3 A.M. I remember your argument very well sir, that a person operating in the City on any week day could walk across in the County and drink until 3, am I correct, sir? Mr. Nesbitt: Some are 3 some are 5,---- Mayor Ferre: Are you in agreement it is 3 A.M. in the County. Mr. Andrews: What 1 have is 1 A.M. in the County, Mayor Ferre: Why are you recommending 3 A.M. Mr. Andrews: Because the reason we chose 3 A.M. six or seven months ago, as Mr. Plummer is alluding to, is that the private clubs in the City of Miami are open till 3 o'clock, and we constantly heard the argument from every one of the liquor industry, except the private clubs, that they were required to close at a certain hour, and their patrons would leave and go to the private clubs. The people in those areas, where the private clubs are operating, are predominantly residential neighborhoods, limited parking, they complain about the noise, this was a way of accomplishing a leveling off of that, Mayor Ferre: All it really is, is a subterfuge that people have club and they keep them open till 3 o'clock in the morning. Mr. Andrews: And we have no control over that, they go to the State and get a license, ---- Mayor Ferre: The only thing I need to do now, is make a motion, that the clubs, that all the classi- fications you got here, lined out for me, you want me to read them specifically, ----liquor bar and lounges, the beer and wine bare, the restaurant, liquor beer Mr. Andrews: No, no, Mr. Mayor we have to be careful now, we are only talking about specific areas, we are talking about liquor bar and lounges, and beer and wine bars, this was not a public hearing for the others. We have made some decision on the night clubs, supper clubs, Mayor Ferre: Just the liquor bars and lounges and *he beer and wine bars, 109 12/13/73 • Mr. Andrews: 'Yes, sir, ---- Mayor Ferret The others are already open to 3 A.N. right, Mr. Andrews: The private clubs are, the night clubs and the supper clubs, — Mayor Ferre: They are till 3 A.M.--- Mr.Andrews: Night clubs till longer hours than that, Mayor Ferre: That is the motion I am making, that the 2 categories, liquor bars and lounges , beer and wine bars, be permitted to open during the weekdays till 3 A.M.----- Mr. Plummer: That is what you are proposing, be prepared so I am going to talk loud and long. A motion and a second, Mr. Mayor, during the past year of this Commission, we have sat through without question. at least 50 hours of testimony of why we shall not close it. Let me tell you exactly what you are doing so you know when you vote. We are, in the City of Miami. have a great deal of these restaurants, these lounges and these bar operations, that adjoin residential areas. What you are doing Mr. Mayor, you are allowing these people to continue an intrusion into the residential areas until 3 A.M. I am sorry I must use the example but it is the most blazen example before this Commission that exists on 17th Avenue & Coral Way, that those people there, and you were not here Mr. Mayor, to listen to the untold amount of people that came before this Commission, and said please, we are plagued until 1 A.M. with this noise, and the bother and everything else surrounds it, you are now going to continue that for an additional two hours, and I can tell you, Mr. Mayor that those people are coming down here and accuse me as well as you of slipping something through behind their backs. Mr. Acton, do you recall the figures off the top of your head, o:E how of these establishments exists adjacent to residential areas? Mr. Acton: Not off hand, but it is a considerable number. Mayor Ferre: I think it has been properly advertised as a public hearing. Mr. Plummer: Mr. Mayor, I am going to pull some minutes and I am going to remind some people that this, when it was proposed, when J.L. Plummer made the motion to make this thing on a 1st reading, that this came to us as a proposal for Sunday only, and I was prepared to vote for Sunday, somebody took the latitude to increase this to an entire 7 day week instead of the one day that we were considering. Mayor Ferre: Mr. Plummer, I withdraw my motion, and make a substitute motion, if you withdraw your second, to defer this item until, we can all get clarification because frankly I am completely confused on this matter. So I make a motion to defer this matter. 12/13/73 110 Vice -Mayor leboeo : We have a motion and second, please call the ll, .. - now, MyOr Perres We have been on this for a half a ► hour Mr. Nesbitt: I can't understand how he Bays there has been 50 hours of testimony. We have been here 5 or 6 timee, and this is the longest time, 30 minutes. Mr. Plummer: Mr. Nesbitt, get up and remind your friends, sirs --- Mayor Ferre: Wait a minute, there is a motion and a second,---- vice-Mayor Reboso: Let's call the roll,--- Aset City Clerk Mr. Ongie: Mrs. Gordon, Mrs. Gordon: Yes, Mr. Ongie: Mr. Plummer? He won't answer, Rev. Gibson: Yes Mr. Ongie: Mayor Ferre,---- Mayor Ferre: Yes, -- Mr. Ongie: Vice -Mayor Reboso,-- Mr. Reboso: Yes. Mayor Ferre: Now, I'll recognize you, ---- Mr. Nesbitt: Deferred until when? Mayor Ferre: Could we get it on 'next week? Mr. Andrews: Yes, we can, Mr. Mayor in fairness, I think as long as you have taken the action to defer this and the questions that Commissioner Plummer has raised, it is my suggestion that you re approach this and readvertise and readvertise it specifically, and I will go through the same process we went through in the other hearings, I'll notice all the 45 people and agencies we noticed before so there is absolutely no question, everybody arrives when these hours are changed. Mayor Ferre: What day in January? Mr. Andrews: I picked the second meeting in January. Mayor Ferre: January 24, with out apologies, Mr. Nesbitt: Mr. Mayor let me say one thing quickly, the reason I asked for these hours from 12 to 3 is because this is, what this City Commission recommended and passed a resolution to that effect that they supported those boure.Am I correct Mr. Plummer? Mt. .P.lu m'er: NO, sir you are not. ---you talking about on Sunday only. 111 12/13/73 Mr. Nesbitt: 1 am talking about all together with a 12 o'clock opening on Sunday, this is what was outlined by this Commission, and forwarded to the Dade Municipal League. Mr. Plummer: Mr. Nesbitt, you are correct. Let me get one thing straight for the record, because you know Mr. Reboso just reminded me that I offered the motion before, Mr. Nesbitt, let me ask you sir, when you came before this Commission if I recall correctly, on the 21st of November, was it not your request at that time, that it only pertained to Sunday sales? I am going to pull the letter, Mr.Nesbitt. Mr. Nesbitt: As far as I am concerned, it was Sunday sales. The City Manager recommended at that time that all the hours be changed. Mr. Plummer: Who increased this thing to make it the entire week? I am going to tell you something. Up till the time that somebody has 'zapped' me, and that is what I feel has happened, ----until that occured, I had some different thinking on Sunday hours. Somebody went and breached the latitude of this thing to include the whole week. Mr. Nesbitt: I do remember, that was included in my letter, Mr. Plummer: -you'd better believe it was, ---- Mr. Nesbitt: ----the whole thing Mr. Plummer: ----and I am going to vote against the deferrment Mr. Mayor, and I am going to tell you why. I voted on this because of the Sunday sales only. I feel that somebody has taken it upon theirself to increase this thing to a full week, consideration,-- and I think it is wrong, and had it been the case, I would have never voted for it on three weeks ago. I am going to vote against the d eferral. Mayor Ferre: Paul, you had better shed some light on this thing. Mr. Plummer: Somebody had better come with some answers. Mayor Ferre: How did this get, Mr. Andrews: I don't know,at this stage, ----my presumption was that we were considering all of the week days, Saturdays and Sundays for both the liquor bars and lounges, beer and wine bars. This is the way the ordinance has been presented, Mr. Nesbitt: And I came back after the Dade Co. Municipal League turned it down, and I said these are your recommendation from 12 o'clock to 3 AM on Sundays, and until 3 A.M. every other day of the week. Mr..Plummer: Mr. Nesbitt, I am speaking only sir, as it relates to your letter of the 21st of November and your appearance before this Commission. me. Nesbitt: Yes, sir, and I believe in that letter I outlined the whole thing. — Mr. Plummer: You outlined Sunday sales only. 112 12/13/73 Mr. Nesbitt: I don't believe so. Mr. Pluarner: Mr. Ongie, do you have a copy of the letter? Mr. Ongie, Asst City Clerk: It would be in the file Or. Plumer, you are going to have to call for a temporary ndjourntaent, there is nobody in the office.- --- Mr. Plummer: It is really not pertinent, --I have some different feelings that I had 6 months ago about Sunday sales, and I was willing to make and bend a little on the Sunday sales, because of some thoughts that were made to me. But in no way am I in favor of bending the rules. You see, I thought, and I am not a lawyer, that I thought thatI could read pretty clearly here when it says hours during which Sunday sales prohibited, Sunday Sales. I stand corrected and the legal department has said that I could have a mis- conception because that is the way that the ordinance is titled, but let me tell you something, when Plummer put his name down to make that motion three weeks ago, it was based on Sunday sales, and Sunday only, today I am faced with -the fact that it is the entire week. Mr. Nesbitt: In that case I think it should be brought up in two parts, if there is any question, --- Mr. Plummer: I agree with you sir, Mayor Ferre: Where do we stand now. - Mr. Andrews: What is the Commission wish as far as proceeding on a new public hearing as far as the hours you want to consider. Mayor Ferre: I still want to know how all of a sudden it went to a week, ---- Mr. Andrews: This starts Mr. Mayor approximatelyayear ago. when a recommendation was made by the City Manager, ---- Mayor Ferre:---put it in writing. ---- Mr. Plummer: I am going to try to save this Commission a little bit of trouble. This is what Plummer is willing to offer, and vote on today, as well as when it comes back before this Commission, ---because I don't think I have broken faith with a person. I am willing right now to offer a motion that the Sunday sales start at noon, predicated on the argument that people go to the football game on Sunday at 1 or 2 o'clock and they should have the right if they want to, get a hot dog and bottle of beer before the game, and I am also willing lc stretch the point not as strongly, that Sunday sales be permitted as other days until 1 P.M. now, that I am in favor of, that was why I passed the motion before, and that is all I am in favor of. I will make that only premise on 1st reading. Mayor Ferre: Mr. Plummer, tell me again what you are recommending, ----12 to what Sunday, Air. Plummer: Mr. Mayor, I have to tell you the back up as to tell you why, ---these people came forth and made a very valid argument, that Sunday sales should start at noon, and think most churches are empty by noon, so people going to 113 12/13/73 the football games, some 80,000 people, Fr. Gibson likes his can of beer and hotdog too, ----can have it before they go to the game, 1 can't see anything wrong in going on our normal hours on Sunday from 7 PM to 1. PM, and I don't see any police- men down here ready to crucify me, but I think for the period of uniformity, which we have tried to do, that there would be a uniformity all through the week . I will offer that Mr. Nesbitt, only on 1st reading. Mayor Ferre: There is a motion, is there a second,? Rev. Gibson: I seconded it, ---- Mayor Ferre:----any further discussion on the motion, call the question, ---- Mr. Ongie: Mr. Reboso, Mr. Reboso: Yes, Mr. Ongie: Rev. Gibson, Rev. Gibson: Yes, --- Mr. Ongie: Mr. Plummer, Mr. Plummer: I will not vote until Mrs. Gordon returns and has the opportunity to vote, ---- Mr. Andrews: Mr. Mayor, that is the only item, as far as its concerned, that you will be considering, Rev. Gibson: I am still concerned, ---- Mr. Plummer: I've spent too much time on this now, --- Mayor Ferre: You were waiting for Mrs. Gordon, she is here, the question is, a motion made by Plummer, Seconded by Gibson, that we standardize the week, open on Sundays at 12 noon and ©lose at 1 AM, that is the motion. We voted so far, Gibson, yes, Reboso, yes, it is now Plummer. he said he would not vote till Mrs. Gordon is here, Mr. Plummer: Mr. Mayor, you stand corrected agains, sir, Mr. Ongie, will you tell the Mayor the proper procedure for voting, Mayor Ferre: The proper procedure, Mr. Plummer is,that Mr. Ongie was calling the question, and he called Gibson, and Reboso, and they voted in the affirmative, then he said Plummer, and you said I am not going to vote until Mrs. Gordon is in the room, Mr. Plummer: You are correct sir, Mayor Ferre:, Now, vote, Mr. Plummer: You are wrong sir, Mr. Ongie, will you correct the Mayor and tell him the proper procedure, ----- Mr. Ongie: The proper procedure is that we start at that end and alternate the roll call each time, ---- Mr. Plumber: Why did you call no after Father Gibson? Because Mrs. Gordon was not in the room, correct? 114 12/13/73 MrOngie: Yes, air,....,.:..... Mr. Plummer: The proper procedure would be for Mts. Gordon to vote next, --- Mr. Lloyd: You are going to have to start all over again, because the proper procedure with Mrs. Gordon absent would be the way the Clerk did it, Mayor Ferre: Call the roll, ----start over again, Mr. Ongie: Mrs. Gordon, calls first on the last motion, so you are first this time,Mr. Plummer? Mayor Ferre: Wrong, ---- Mr. Plummer: Did you call on Mr. Reboso first,? Mr. Ongie: The last action the Commission took is, ---- Mayor Ferre: Does it really make any difference? Mr. Plummer: It is no secret how I am voting, ----I made the motion, but I think proper procedure of this Commission should be followed, and if you are going to deviate, deviate all the way. Mr. Lloyd: I don't see that they have been deviated as yet. Mr. Plummer: For your information, I'll clue you in, this last roll call started with Mr. Reboso, and I correct Mr. Ongie? Mr. Ongie: Mr. Plummer, at this point I don't know. Mayor Ferre: Good for you, I am going to run this meeting, Plummer how do you want to vote onthis, Mr. Plummer: I vote yes. ---- Mr. Ongie:Mr. Reboso, Mr. Reboso: Yes. Mr. Ongie: Rev. Gibson? Rev. Gibson: Yes. Mr. Ongie: Mrs. Gordon, Mrs. Gordon: Yes. Mt. Ongie: Mayor Ferre? Mayor Ferre: I vote 'no'. Mrs. Gordon: That was extending the hours on Sunday from 12 until 7? until 1, the discussion was held while I was in the ladies room. Mayor Ferre=I understand,---- you want to vote again on this? Mrs. Gordon: 1 would rather not extend until 1. 115 12/13/73 Mayor Perre: Strike the previous one, and call the roll again. V'ou know how everybody is going to vote so it doesn't matter how you call it, Mr. Ongie: Mrs. Gordon, Mrs. Gordon: On the extension to 1 o'clock in the morning, the vote is 'No' - Mr. Plummer: It wasn't the motion, Mayor Ferre: It wasn't the motion from 12 noon to 1 in the :morning? Mr. Plummer: That was the entire motion. Mayor Ferre: That is right, azd that is what she is voting on, Mr. Plummer: She is voting against the entire motion, is that Mrs. Gordon? Mrs. Gordon: That is right, Mayor Ferre: In otherwords she asked for because it wasn't clear, she wasnt present, and now that she under- stands, the vote is, let's repeat it, from 12 o'clock mid day Sunday, until 1 o'clock in the morning, the following day which is Monday 1 A.M. That is what we are voting on, call the roll. Mr. Plummer: Father Gibson, let me ask a question, Mr. Mayor, Father Gibson, how do you feel, ----do you feel that there will be any big back lash on the 7 to 1, from the ministers? Rev. Gibson: Mr. Plummer, there may be, but I am willing to take that back -lash because I want to see uniform hours in the County,•and I think it is a bunch of hog -wash to have one hour in Miami and another hour in Coral Gables, and Hialeah, ---I fought for that, --that we get uniform hour. I am going to take the back -lash, going to 1 o'clock. And I also warned the ministers when they were here to go work assiduously on the County to get a uniform hour, so I am prepared to take the back -lash. Mayor Ferre: Let's vote. Again. Mr. Ongie: Mr. Reboso,-'Yes', Rev. Gibson, ---'Yes', Mrs. Gordon, --'No', Mr. Plummer, --'Yes', Mayor Ferre,--'No' Mayor Ferre: Thank you. Mr. Plumper: That is on 1st reading, and the 2nd reading will be in 30 days. Mr. Lloyd: If this is a first reading, you are going to have to re -advertise in between the first and second reading. You are writing an entirely new ordinance. Mr. Plummer: And that will be publicized? Mayor Ferre: It will be in January, you set the date. -- Mr. Plummier; If anybody wants to object, they have the right to. 116 12/13/73 26. SELECTION_ OF BROKERAGE FIRMS -INVESTMENT OF PENSION FUNDS Mr. Andrews: May 1 inform you of a memorandum that was addressed to me by.Mr. Passer, as a result of a meeting of the Retirement Board of Trustees,who voted in essence, to remove the or to provide for th brokerage in a way that the Board of Trustees would become responsible through the advisors of the selection of the brokerage firm. In otherwords, the specific action they took, was to change a sentence in a proposed agreement that was being prepared, which stated "The advisor shall have the right to select a broker, for any purchase of sale or assets of the account unless otherwise directed by the Trustee." Do I make myself clear? Rev. Gibson: Yes, but I am not clear, though. ---- Mr. Mayor. I want to make sure everybody understands Theodore Gibson. I want to read from what, I don't have all the fact here, but I know we pay you to advise us. is that right?. Mr. Andrews: Yes, sir, -- Rev. Gibson: Here is the questiaa we asked, X want everybody to understand this, ---every firm who bid on the business of the Retirement Fund, pension funds of the City was asked the same question, and everybody answered, yes to this particular question. Listen to this,"clients may designate the broker or brokers, or any, or instruct us to always be the best market. What I am saying to this Commission, and get enough flap, and I don't plan to get your flap, because we pay good money for advice. If the people who bid on this business, didn't want to carry out this agreement, No. 1, our advisors should have told us that is bad business. You did not say that. If the people who bid on this business, were not willing to conform to this possibility, they should not have bid. The other thing is this,Mr. Andrews, I want you to tell the trustees, whoever they are, that when this matter came before us, that and/or was not there, and that I don't particularly like. That backs me up to the wall, and if you don't tell them, I am going to tell them, Mr. Andrews: I'll tell them, --I think that Mr. Bailey and maybe Commissioner Plummer are. and possibly Mrs. Gordon, but certainly Commissioner Plummer, and Mr. Bailey, and maybe Mr. Paulk are the three people, ----I don't know if Mr. Kruse sat through the 51 interviews or not, but those three people can perhaps enlighten theCommission as to generally what took place, during those interviews in reference to this question. I was not present, so I can't say what took place, but perhaps that will shed some light on why the trustees are asking the City Commission to approach the brokerage in the manner in which, ---the trustees want the Commission to permit the trustees to have direction over the brokerage, through the money managers. Rev. Gibson: I want the public to know what I am talking about. I want the public to know this, --no answer they give me is going to satisfy this principle I am enunciating. Let me say something else, that you don't know I know. ---when I feel, since I've got tovote, I want you to understand, I want the business dept. to understand this, and all the other departments 12/13/73 117 that When you give Me information here, I am going on it as law and gospel, because you are the professionals. I am not. Listen to this, if this was not good business practice, you shoed have said so. My contention is, the brokerage here ought to be shared with local people. I am not saying I have nobody in mind. The local people pay the taxes here, the local people bear the pressure. Let me go another step, when we were dividing up this pension fund, it pained my very soul to see, ----we talk, ---we don't want to go outside to get nobody to be the Chief, we don't want to go outside to get nobody to be the Manager, you see what I am driving at, by the same token let me tell you what I am saying, the local peopl e here, are entitled to some of the profits. In -audible remark: Rev. Gibson: I know you are not in argument with it, but that is not what they are telling me. Wait a minute, I am not going to let you get me off the track. Listen to this, when it came to who, the broker ought to be, we all of a sudden, the people who got the stocks and the bonds, they have to deal with a broker of their choosing, The other thing is this, I sat here and saw an 81 million dollar pension fund be divided in three parts, really four, as a layman I call it four, ----one was a custodian, which after a lot of cajoling and pursuasion,'First National Bank got it. A firm, this very same firm out of Chicago, got one piece, another outfit out of Atlanta got another piece, and another outfit out of New York got a forth piece. I want you to.know, what my concerns are. 26A-PLANNING AND ZONING ADVISORY BOARD -MEMBERS: Mayor Ferre: Father before we go further in this, a lot of people are waiting on Planning and Zoning appointments. X would like to respectfully request the Commission that we leave that decision until next week until the 20th, because that is going to take an hour or two at least. Here is what I recommend, when it comes up on the agenda, that we spend a half an hour which is what it is going to take, discussing the procedure that we are going to use in choosing the 14 people. But that we not choose them tonight. Mr. Plummer: A point I wish to make Mr. Mayor, I don't know about you but I can speak for J.L., I have received some calls from people making inquiries, has the time closed? Mayor Ferre: Can I cut you short on that. The requirements according to our attorney is 5 days before, so that means the tine will be open till tomorrow afternoon. Anybody who has an abiding desire he can't control, to serve on one of these Boards has until tomorrow, so there won't be any more flak or criticism that they wern't told, they didn't know, is not going to make a bit of difference. We will vote on this the 20th if Mr. Andrews will schedule it. Mrs. Gordon: Could we ask our Attorney the legality because of not being able to advertise that we are doing this on an extended basis. Mr. Lloyd, City Atty: It is perfectly all right. The only thing you have to worry about is the deadline of, ---- getting them before the January lst,--you can extend it till tomorrow and they have to get their names in tomorrow. And you may do it by a motion. As long as the names are sub- mitted fire days before the day they are picked, is all you have to worry about. 118 12/13/73 1 Mra. Gordon: l don't see how you are going to let the public at large know, that you are accepting additional applications and 2 am afraid we are running into a problem that way although you are the Attorney and have to protect us in the event we are challenged. Mayor Ferre: If we are challenged the point is, officially the applications are closed right how. .__ s. Gordon: Officially they closed last Friday, and the „sostponement of choosing ought to be just a matter of course, not opening it up for additional applications, without public notice. Mayor Ferre: I don't think you are going to get that many people. Mrs. Gordon: It wouldn't matter, if you got one, I think if you took one, you would open it up for 150. Mayor Ferre: It is a legal question, Mr. City Atty. Mr. Lloyd: I can answer that right now. I do not see how anybody is harmed by the additional time limit for opening it, even if they are not notified, because actually if you keep the original date, anybody who would be inclined to apply because of the additional opening date would be precluded by by the last day, so I don't see anything wrong with, Mayor Ferre: Is that your ruling on it? Mr. Lloyd; Yes, yes, ---- Mrs. Gordon: Can I ask another question, ---it isn't exactly clear to me, your reasoning. There may be people who thought they were precluded from applying after last Friday, who won't know you are opening this up, and they therefore have a right to know,who are they? Mayor Ferre: I guess the newspapers will cover it. Mrs. Gordon: Yes, but they don't know. The newspapers are, we can't say to them go ahead and print this as a news item, when we generally print paid ads, if they chose to do that fine, but we can't say to them they must. It appears to me, and I have nobody in mind, and nobody I want to preclude from it, --- Mayor Ferre:--and I don't either, and I want to make that very clear, ---- Mrs. Gordon: I know you don't and that is why I am saying it again. You feel the hour is very late, and time involved in this election will take time. Mayor Ferre: It goes beyond that Rose. I think that those people, that came, and there's about 3 or 4 of them, that have called up and said they wern't told and they didn't know, and they want to throw their name in, ---- I tell you, my particular votes are going to be cast for people that have already signed in. I want to get that very clear. I also think those people have a right if they want to throw their name into the ring. that they can do that. 119 12/13/73 • -41 aiy Mayor Ferre: Ernie, 1 am not going to recognize you right now. After everybody on the Commission talks, then I will recognise for a brief statement. Mr. ',rnie Fannatto: Thank you, Honorable Mayor and members of the Co;mission,-_..--- Mayor Ferre: Wait a moment,- anybody else on the CoMmieaion want to say anything? Mrs. Gordon; I'd like to hear what he has to say. Mr. Plummer: I can only tell you that I have had three phone calls of inquiry who are going to call me back tomorrow morning and ask if they can still make application, and they want to --- Mayor Ferre: The Chair is going to rule, Mr. Lloyd do you stand on your ---- Mr. Lloyd: There is nothing wrong legally with Mrs. Gordon: Say that again, Mr. Lloyd, I want in the record what you are saying exactly. ---- Mr. Lloyd, City Atty: In my opinion there is nothing legally wrong with the deferrment as it has been proposed. Mrs. Gordon: That is not what I want you to say. Mayor Ferre: as it has been proposed means that it is open for people to submit their names until tomorrow, Mrs. Gordon:And what legal means are you going to take to let the public know? Mr. Lloyd: You don't have to, there is nothing legally wrong for deferring it till tomorrow for the chance to submit names. Mayor Ferre: You are the Commissioner, he is the Attorney, if you want to question his legal ruling, Mrs. Gordon: I question his legal ruling. Mr. Lloyd: It has been advertised according to the ordinance. Mrs. Gordon: It has been advertised that we were closing on Friday, the 7th? Mayor Ferre: The Chair will rule that we will accept the ruling of our Attorney and will now hear from Mr. Ernie Fannatto, briefly. Mr. Ernie Fannatto: Mayor and Members of the Commission, the only reason I am up here is, many people have told me, they made applications because they thought they were entitled to apply if they were property owners. The ordinance reads that they have to be electorial---- Mayor Ferre: They have to be citizens of the City of Miami. Mr.Fannatto: It sees to me this ahould have been advertised One frleni of mine wrote 4 or 5 letters.--- on sa ►r Ferrel Okay, wel2uonderstand that. John, you want to rul at 12/13/73 • Mr. Lloyd, City Atty: They have to be an elector of the City dE Miai. Mayor Ferre: He wants to know why that was not advertised. Mr. Lloyd: It was. Mayor Ferre: Have you got a copy of the advertisement? Mr. Fannatto:Xt was advertised in that manner? Mr. Plummer: Mr. Lloyd one of the people who have come to me, said that they asked what about do you go about sub- mdtting their names. This woman said to me, she did not have an organization to back her, can she still submit her name? Don't take this out of line, Mrs. Gordon, that you submitted some names, and I just didn't think that we as commissioners would be submitting names. Is this proper. Mrs. Gordon: Will you let me answer the question, Mr. Plummer: Sure. Mrs. Gordon: On Wednesday, two days before the deadline, I was informed, that there were only 11 persons who had submitted their names for consideration, only two days left to go. We called members of the task force and asked if they would permit their names to be included and that is the way the names are included. Nobody was given any com- mittment and nobody was given any other kind of consideration. You had the same privilege, ---I am sorry that nobody reads the memorandums they receive otherwise they would be fully aware of what they are supposed to do. Mr. Plummer: Who sent a memorandum on that? Mr. Andrews: A memorandum was sent to the City Commission which described in detail the procedures to be used, and it gave the time and privilege of the Commission to submit names by a certain length of time to the Clerk, this was all spelled out. Mr. Plummer: I am sorry I did_not see it, I'll admit I was wrong, now I know. Mayor Ferre: Have we talked this one out now? Mrs. Gordon: Mr. Mayor, a very important point has just been raised for your consideration, the legality of those persons who are not registered voters in the City of Miami. Their names will have to go once again to the election divisions for certification. You want all that to take place again? Mayor Ferre: We will do that after we select them. Mrs. Gordon: We can't do that afterward. Mayor Ferre: When do you want to do it, between now and then? Mrs. Gordon:I think we should close it as of last Friday and not open a can of worms. 121 12/13/73 Rev. Gibson: Mr. Mayor I move that we proceed. 274 SELECTION OF BROKERAGE FIRMS -INVESTMENT OF PENSION FUNDS CON'.T3_ Mr, Edward H. Kruse: Mr. Mayor and members of the Commission. it will certainly only take me a few minutes to explain my own, position on this. I'd like to say, Rev. Gibson, you really didn't say anything with which I disagree, and including the fact that if it to the advantage of the Miami Pension funds that a maximum amount of brokerage go through Miami brokers, I think this if fine. Our only point is this decision should be made by the money managers who are the bese equipt to assure the most judicious use of Commission dollars to benefit the Miami pension fund. I am not at all in disagreement with your concept of using as much brokerage through Miami brokerage firms as possible. I would like to make a second point, that the reason for the question on the initial pro- posal that went out to investment firms to begin with, the came as many other questions was to secure information where the firms were submitting proposals, were they tied up in any fashion which would preclude direction if it was desired by the City Commission or the trustees, or by whatever method so far as brokerage concerned. We would include this question on every questionaire of this type. This was purely an infor- mational item, so we are not, ----there is no disagreement here with anything you have said. Rev. Gibson: Let me tell you what I am saying that a lot of folks don't want to hear what I am saying. It seems to me, so the public will know that I'm not all wrong, the trustees now come up and say, that they would like to name, follow me? All I am saying is, in the bid..thatis what you said. Not you, I'm taling about the people who bid for thebusiness. You advised us as to what we should ask, all I am saying, and I am going to live with this, if I am the only one voting, I maintain wherever possible, that local man can share in the profits of what is here, that is what ought to happen, and I don't want those companies to come in here to take off all the business and care less about the taxes to be paid in this community. That is the principle I am enunciating, you understand? Now, let me speak to something else you said. We pay them a fee, --and if they use a broker. don't you pay the broker a fee in addition to the fee we pay them? Mr. Kruse: You pay a commission. Rev. Gibson: All right. That is what I am trying to say. The public doesn't understand what I am saying. Mayor Ferre: Father, your point has been made, and I think everybody is coming to agreement. Let me see if I can simplify this so we can move ahead. Before you speak Mr. Plummer, let me say this, I think that the advisors should be the sole selectors of who the brokers are. Otherwise, you are opening up a Pandora's box. I think that perfectly within reason, put within that, that they select a local broker. I don't see anything wrong with that, their choice, they have to select local brokers. Do you agree with that? 122 12/13/73 • • Mr. Kruse: Yes, sir. Mayor 1 do. l would like to make this exception, or this statement. This a very complex business today and there is much trading done through such concepts for example, as the 3rd market, Where maybe commission could be greatly reduced and the whole point is, put the authority with the advisors subject to the approval of the trustee or however you wish to do this, and direct that as much as possible, Miami brokers be used, but don't hamstring the fund as the expense of, --- so the fund would penalized if there would be occasions When it would be better not to use Miami brokers. Mr. Plummer: Mr. Mayor, one of the great problems that arrived when this thing was in trouble, when it was in trouble before, and the very reason that we switched and one of the big things that we heard, at all times and Mr. Kruse, Mr. Paulk and everybody that sat up there said, that we cannot limit these people, they must have 100% discretion. Am I correct? Mr. Kruse: Correct. Mr. Plummer: Based on that Mr. Mayor, I cannot in good faith vote for this as it is proposed. Mrs. Gordon: How is it proposed? Will you read the second paragraph please? Mr. Plummer: Now, let me tell you how I think the thing should read and then I'll go along with Father Gibson or whoever wants to make the motion. It reads that it will be the advisor shall have the right to select the broker for any purchase or sale of assets of the account unless other- wise directed by the trustees. I am opposed to that,here is what I am in favor of, deleting the last words, ---the advisor shall have the right to select the broker for any purchase or sale of assets of the account, then I think we are fully in accord that we can the money advisors by resolution or motion,however you want, that, gentlemen, whenever possible we want you to do business with people in S. Florida, and I tell you that is the only thing I will vote for. Mt. Andrews: Mr. Mayor and members of the Commission, you'll have to get an opinion from the City Atty but what you are suggesting cannot be accomplished. You have created a trust, there is only one last element of that trust, to be decided on and that is this area of the bm kerage. When you decide that, and you have flexibility there, but you can't adopt resolutionsin various areas now. MLA. Plummer: You are right Mr. Andrews except you are wrong. Let me tell you why you are wrong. You are wrong because this new trust agreement has a 30 day cancellation, and let me :tell you something, when that brokerage company comes up here and they are not using South Fla brokers, you'd better bet that if I don't do it, Theodore Gibson is going to be here reminding them about it, and the 30 day option will be exercised. fr. Andrews: I understand that but I am talking about operating within the trust. Mr. Plummer: Mr. Andrews we will do it anyway you want it. As a trustee air, I am not going to be placed in the 123 12/13/73 position of being able to tell those money tanagers who to do business with. Mr. Andrews: In other words you want to leave final discretion with the advisor. Mr. Plummer: Mr. Andrews, that was the whole purpose of this thing from the very beginning, to give these people 100% discretion. This is what we listened to First National say that they couldn't it because they didn't ask. Mayor Ferre: We are all in agreement I think, -r Rev. Gibson: Well, I am not so sure,= --let me tell you something, you see, J.L. we pay that firm, that man there, representing this firm, ----note I hear now, total discretion. If I am to interpret properly, we should have never given our either/or. The school I went to, when you say either/or, I took either one I wish, ---if you said do it this way. I had no discretion. I want to warn you sir, that when this thing comes up again, and I am going to keep a watch dock eye on it, because I don't like what is happening. I am going to watch to see if that terminology, either/or, this and, -- it can't be,because what J.L.ssys, from what they argued in the Committee, was not a discretion, but was an absolute, isn't that right? Mr. Plummer: 100% total discretion,---- you see, Father, the thing is, we are holding an ace in a hole, before we had to give them at lease 6 months notice. Now we don't have to do that, now if they don't do what we want them to do, we can say gentlemen you've got 30 days, goodbye. Mrs. Gordon: How do you mean, what we want them to do. We just give them discretion. Mr. Plummer: Mrs. Gordon, I said, I will repeat, that we tell these companies, gentlemen, whenever possible we want you to do business with S. florida people. If in 60 or 90 days up to 120 day from now, we come up and find one of them hasn't used a S. Florida broker, you'd better believe that Gibson is going to make the motion, and I am going to seconded it to get rid of them. Mr. Lloyd, City Attorney:Mr. Mayor, may 1 speak, -let me correct a little false impression I have, but it is the trustees who have this right, 30 day cancellation, with respect to the money managers and not the Commission. Mr. Plummer: Mr. Lloyd, I am a trustee, sir. Mr. Lloyd: I think you just said we the Commission, ---- as trustees you may. Rev. Gibson: Let me say this, I may not be a trustee, but I promise you this, when the contract comes up for renewal I will be lobbying to keep them from getting it. Mr. Plummer: Gib, you want have to wait that long. Mayor Ferre: I think we are all clear, now I Hope we are. 12/13/73 124 • Mayor Ferret Let me repeat what t understand, we are going to pass a resolution, hopefully, that reads like Mr. Andrews' memo reads, with the exception, that last 5 or 6 words, -- --as otherwise directed by the Trustees will be struck, and the substitution we will hate the words, 'Whenever possible, local brokers will be given a preference." And by local you maybe had better put in Dade County brokers will be given a preference. Mr. Plummer: Mr.Mayor, may I ask you to use the terminology instead of preference, whenever possible. Mayor Ferre: You are making the motbn. Mr. Plummer: Father Gibson, this was your thing, you make the motion, -- Mayor Ferre: You word it because you have with the words. Mr. Plummer: I will make two motions, Mr. first one is the terminology as it pertains to to draft of the investments advisory agreement been working Mayor, the the trustees shall read, - Mayor Ferre: Can't you make it one motion, ---- Mr. Plummer: I can't because this is part of the trust the other one is not. I shall read: Sec. 2 page 2 shall read,'the advisors shall have the right to select the broker for any purchase or sale of assets of the account. Bobby do you have any objection to that? None at all. Okay. That is the first cation. Mayor Ferre: There is a motion on the floor, is there a second? Rev. Gibson: I second the motion, -- Mayor Ferre: Would you read the motion over again so everybody knows what we are voting on? Mr. Plummer: The motion is, that the wording in the trust agreement will read:'the advisors shall have the right to select the broker for any purchase for any purchase or sale of assets of the account.' Mr. Lloyd: Change the wording to the 'investment advisor agreement' rather than the' trust agreement', what is technically it is, ---investment advisor agreement. Mayor Ferre: Mr. Plummer: Mayor Ferret Do you accept the change? Yes, I accept it. Further discussion? Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: 125 12/13/73 • A MOTION OF INTENT TO THE TRUSTIES OF THE CITY O F MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN; TO ADVISE THE 3 COMPANIES SELECTED ON THE EQUITY PORTION MD FIXED INCOME PORTIONS OF THE FUND THAT WHENEVER POSSIBLE IT IS THE DESIRE OF THE COMMISSION THAT THEY DEAL WITH SOUTH FLORIDA BROILERS Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote- AYES: Rev. Gibson, Mts. Gordon. Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. Mr. Plummer: The second motion is that weadvise the two managers on the equity and the manager on the fixed income, that whenever possible. they deal with S. Florida brokers. Mr. Wendell R. Bailey. Dir. of Finance: Mr. Mayor, Commissioners and Lady Commissioner, may I say something here, on the fixed income portion there are no brokers involved. It is strictly a 'buy and sell' at net, because it is all bonds and etc. Mr.Plummer:---if there is no broker, ---- Mayor Ferre: Just a moment, have you finished Mr. Bailey,? Mr. Bailey: No, sir, there is a dispute about this. Let me tell you, the persons representing the firm who have the fixed income portion also made the same statement as late as Tuesday morning of this week. Mayor Ferre: All Mr. Bailey, who else wants to speak? Mr. Bailey: I'd like to say one or two other things if I may, but it may be too late. There are certainly some good reasons why the trustees should have a little, --- Mayor Ferre: Mr. Bailey, why didn't you speak up before us made the motion and voted on this, -- Mr. Bailey: I was never given the oppprtunity Mr. Mayor. There are some very good reasons why they ----the trustees should have some latitude. There are certain services that we can get merely by directing some of these brokers fees, and one of the main things is, that we can get performance measurements, merely by requesting that some of this go through certain brokers. There is nothing wrong with directing much of the brokerage fees to come to Miami, but let them deal in New York and directed the fee come here, but also, give the trustees the opportunity of getting some information for nothing. Mr.Plummer: Mr. Bailey, I'll be glad to incorporate that in the 2nd motion, as far as the performance is concerned. Mr. Bailey let me make my point very clear. I don't want to be afforded the opportunity of the latitude of directing brokerage. I don't want it sir, all I am saying to you is, there is nothing that we can't put into a motion such as I am ready to offer now, that the brokerage whenever possible be use with S. Fla firms and if you want, that also a firm be used who will give service to this account if you want. But I want it spelled out, I don't want cart blanche given to anyone. Mr. Baileys I would rather that they have the opportunity to deal with any broker because it is to the advantage of the City of Miami. You don't just go out and buy 10,000 shares of 126 12/13/73 • something. There are certain brdker ►ge firms you can deal with, to see where you can get the best deal. You don't just wrslk Out and give Merrill Lynch the order for something of that nature. Let them deal around. There is no question about that, but for some of these things, and they use these brokers fees to get information from these big firms. Mr. Plummer: I don't understand why that wasn't written into the trust agreement, that the investor would provide this service. Mayor Ferre: Mr. Bailey, Mr. Plummer, it is now five after six o'clock. We have been on this item for 35 minutes. We are only, we are still at the 3:50, we have people here on the Blood Plasma, we have Rev. McKinnley, we have Mrs. Range, we have all kinds of things ahead of us, and I really think we are retreading a lot of things that are being repeated over and over again. You have taken a position, and in my opinion I think your position is correct. We now have people that we have selected to handle these accounts. That is what we selected them for. I also agree with Father Gibson that local preference must be given to local firms. So let's get on with this business. Mr. Plummer: Re -read my motion Mr. Clerk, --- Mayor Ferre: Your motion has already been called and passed. Mr. Plummer: Re -read the second one. Mr. Ongie, Asst. City Clerk: Are you reading from the Manager's memorandum because I don't have a copy of it. Mr. Plummer: No, sir, I'll re -state it, the second motion is that the three companies that were selected shall be informed that the intent of this Commission is that whenever possible, they do business with South Florida firms, brokerage firms. Mayor Ferre: Is there a second to that motion? Rev. Gibson: I'll second it, --- Mrs. Gordon: Is that part of the trust agreement? Mr. Plummer: No, that is why I am making two motions. Mrs. Gordon: We are through with the trust agreement? Mr. Plummer: That is right. This is the policy and intent of this Commission. Mayor Ferre: Is there any further discussion on this item? Anyone else in this room want to speak to this item? Mrs. Gordon: Is it necessary to pass this? Mr. Plummer: Yes, because I think it is only fair that they should know that if they don't do some business with S.Fla. firms they are not going to be our money managers. 12/13/73 127 Rev, Gibson: X want to allay Mrs* cordon's fear, ---you dee, t oat here and flaw all that buaineee picked off, New 1 am not going to forget it. 1 am just serving warning and nd Ce on everybody from now on, when you come down to Miami, just like 1 feel you shouldn't go out and hire other folk, 1 am going to feel that way about that business. Mayor Ferre: 1 think it is clear, you said it, I happen to agree with you, and 1 am going to be right with you. Any further discussion on this item? Call the roll. Mr. Plummer: I am sorry,I stand corrected. This matter cannot be direction of this Commission, it is going to have to be a direction of the trustees. I will have to make that motion at the trustee's meeting. Mayor Ferre: Can we make a motion stating what our will is, so the trustees will be guided, Mr. Plummer: This motion should be made to the trustee. Mayor Ferre: So make your motion to the trustees so they understand how we feel. Mrs. Gordon: The trustees will have no control because in the trust agreement you have stricken unless otherwise directed by the trustees, so you do not need this policy to the trustees, because the trustees can do nothing, --- Mayor Ferre:---because the trustees can follow and make the same kind of a motion to the advisors and they had better read careful, that is what Father Gibson is saying. Mr. Plummer: Mr. Mayor, there is also another zinger, the Commission still appoints the trustees. Mayor Ferre: There is a motion and a second, all it is, is a question of intent, and we are saying what out intent is. Mrs. Gordon: I am going to vote against that, I don't think it is proper. Mayor Ferre: Call the question,---- Mr. Ongie: Mrs. Gordon? Mrs. Gordon: No. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mr. Reboso? Mr. Reboso: Yes. Mr. Ongie: Rev. Gibson? Rev. Gibson: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yee. 128 12/13/73 Mayor Ferre: Its there any other matter to come up before this coMMiseion on this item? 20. COCONUT GROVN M lRINA, INC.-PROPOSED CONDEMNATION: _. Mayor Ferre: LtAis take up the Coconut Grove Marina item, is Mr. Watson here? Mr. Lloyd, City Atty: Mr. Watson will not be here. I have a report to the Commission on that. Mayor Ferre: Make it quick. Mr. Lloyd: Mr. Watson and Mr. Hadley, our condemnation attorney, have agreed that on a price for the Coconut Grove, for the land, will be at our appraisal which is $950,000.----that is $250,000. less than the defendant's lowest appraisal. Also, we have basically agreed, subject to commission approval and approval by the Manager that to pay the moving expenses of the Coconut Grove Marina and pay the amortization cost of the pier which is provided for in the lease agreement. Underwood Marine will be allowed to stay with the City as a lessee to the City for one year for a price of $34,000. payable monthly install- ments to the City. The Coconut Grove Marina will be allowed to remain in possession at no rent to wind down their activities for 6 months. At this stage of the game, we do not know the a st of the moving expenses and we are not exactly certain as to the cost of the pier amortization. The only thing I can tell you is, that legally this is proper, legally it would appear we could save some money by doing it that way. Mayor Ferre: You need a motion. Mr. Lloyd: You might wish to hear from Mr. Crouch before you have a motion. Mr. Crouch, Asst. City Manager; The thing of interest might be, the area of money you might be talking about and the isolated things that are a part of this agreement . The moving expenses are unknown to me at this time but through the City Atty the report is they are expensive, but we don't know what they mean. I think the Commission might put some kind of limit on. Mayor Ferre: Do you have any iecoiaaendations? Mr. Crouch: I would say not to exceed $10,000. Mayor Ferre: Is that reasonable? Mr. Lloyd: Yes, that is reasonable. Mr. Crouch: The matter on the pier amortisation, the date and term of it can be negotiated I think because it is either 70 or 65% of the 10 year period, but the value of the pier, we have two different possible prices, one $55,000. and the other $131,000. and I believe we ought to go for the lower figure. • Mayor Ferre: Is that reasonable? Mr. Crouch: it is reasonable , and that is the fact that wee the figure put on the building permit when the application was taken. 129 12/13/73 • Mayor Ferre: Any other recommendations? Mr. Lloyd: One other point, the attorney's fees will either be Vitiated or they will be litigated, and the court will decide. Mr. Crouch: Mr. Mayor, 2 have one other thing the Commission should be informed of, that this money and the payment for this is one parcel of the property to be acquired. The amount of money available for the purchase of both parcels is $1,599,422. and that is a make-up of $750,000. from the Parks bond issue, and a memo from Mr. Reese, recommending that $849.422. of the original revenue sharing money be put to this cost. Mr. Plummer: Will you break it down real simple for me, and let's have some figures on this ---- Mayor Perre: He has already done that, ---- Mr. Plummer: I wart to see them Mr. Mayor. I want to see them, you go them there? Mr. Crouch: Yes, sir. Mr. Plummer: Let's see what we are talking about with the whole thing. Mayor Ferre: Mr. Andrews, do you recommend this? Mr. Andrews: With one reservation. Mayor Ferre: What is the reservation? Mr. Andrews: The reservation is that when this was reviewed in May of 1973, the Commission was informed by memo that the approximate purchase of both pieces of property would be in round figures $2,000,000. while we show in evidence that this is about $1,100,000 or so, and at that time ---- Mayor Ferre:----both pieces? Mr. Andrews: ---both pieces, would approximate $2,000,000. At that time we informed the Commission that all the money that was available to make that purchase was about $1,600,000. we were around $400,000. short,--' we are still $400,000. short if we continue to purchase the second piece. The Commission will have to understand that I will begin looking for that $400,000. to move ahead. Mayor Perre: Let's get this one piece behind us, --- Mr. Andrews: Just so you will understand, ----- Mr. Plummer:Mr. Mayor it was at my insistence at the last meeting that we stop the Attorney from proceeding with litigation and let's try to negotiate this thing. On the negotiation, we are not in such a big hurry that we can't take two minutes to look at a million and half dollars, Mayor Ferre: It was based on your leadership and your recoMmendation that this thing is gone to where it is, and Jack has followed what you asked to be done, except he done it. 130 12/13/73 lr. P1wRer: Nxaept we have one vacant figure, and 1 think 1 aM entitled to know it. Mayor Werra: The attorney' a fees Mr. Plummer: No, that is here, attorney'a fees estimated at $05.000. court fees, $25.000.r- I would like an estimate since you estimated the other two, what is the moving expenses? Mayor Pierre: $10,000. Mr. Andrews:They just informed the commission. Mr. Plummer: Okay approximately $10,000. My next question to you is this, that ---- Mr. Lloyd: That as I understand, is not an estimate, that is a perimeter, is advised you don't exceed. Mr. Plummer: My next question is, this is under the terms of Coconut Grove Marina. Tell me exactly what that includes. That includes Underwood Marina, does it include the restaurant? Mr. Andrews: No, sir, --- Mr. Plummer: That is the second parcel? okay, where do we stand. Mr. Mayor you wern't here when we had, and I think it is presently a limbo item of zoning on this thing. That is - whhat I am trying to get at. Mr. Crouch: The yellow is the one in question, the green is where the restaurant is. Mr. Plummer: The existing limbo application for zoning only exists within the perimeter of the yellow? Unidentified person: Yes. Mr. Plummer: That is what I am getting at. These are things that have to be cleared up before you go rash voting here. In other words what you are tell me is, that the total cost on this is going to be approximately $1,115,000.00 okay. Mr. Mayor I think what you've got to keep in mind, and I am not saying this to the detriment of anyone, but the park we spoke about today started off the first offer of , Mrs. Range will remember this, of $180,000.00. Mr. Mayor, I hate to tell you the City wound up paying for that some $450,000.00. Mayor Pierre: That is what happens when it takes a long time to do things. Mr. Plummer: You know you are right, but still there is a right and wrong way to do things, so I am tickled pink, I am glad to see this, and this is one more portion, ==parcel that is added to it. Mayor Pierre: I want to take this opportunity to publicly commend Commissioner Plummer for his insistence, and this is his baby, and I think you are seeing it to fruition, and con- gratulations to you sir. 12/13/73 131 • • 4 Mayor Terre: DO you want to make the motion? Mr. Plu mer: I'll be happy to Make the notion. What do you want, a motion of acceptance? Mr. Andrews, What kind of Motion do you want sir, a motion of acceptance? Mr. Andrews: I think a motion in principle that you understand what the parameters of this financial matter in in acquiring this property, so that when the city attorney negotiate and close this out, you will know this is approx- imately the cost of acquiring the property. Mr. Plummer: In principle, I move that this Commission accepts the figures that have been afforded to us this afternoon, as it relates to Grove Key Marina, -- Mrs. Gordon: I seconded it, ---- Mr. Andrews: Dist so the Commission understands that we are going to be looking for 4 or 5 hundred thousand dollars on the 2nd purchase. Mr. Plummer: Don't jump me, because when we get finished with this vote I have another question. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: A MOTION ACCEPTING IN PRINCIPLE THE COST FIGURES AND FINANCIAL PARAMETERS OF ACQUIRING THE UNDERWOOD MARINE PROPERTY AT THE APPRAISED VALUE OF $950,000. THE CITY'S OBLIGATION FOR CITY OWNED SUBMERGED LANDS UNDER THE TERMS OF THE LEASE; ATTORNEYS FEES, MOVING EXPENSES WITH MAXIMUM OF $10,000. PLUS COURT FEES AND OTHER FEES Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. Mr. Plummer: My next question is, hold up the map, ---what about the restaurant property, where does that stand? is there a field of negotiations there, --- Mayor Ferre: You've got $300,000. left,--- Mr. Plummer: I am saying Mr. Mayor in so many words, do we need the money now, or do we need it in 6 months or a year, that is what I am saying to you. What is the posture at present, of the parcel in green? Mr. Crouch: The appraisal has not yet been completed. Mr. Plummer: Ate you talking about the 2nd appraisal? Mr. Crouch: No, the first appraisal on that parcel of property. Mr. Plummer: Has any negotiations been entered into with the owner? ice. Crouch: No negotiations whatsoever, ---- Mr. Plur:,Wait a minute Andy, how can you sit there and tell me that we are going to acquire a piece Of property that we don't have an appraisal on? 132 12/13/73 Mr. Plumber: Mr. Andrews, somebody is wrong. Let me tell you Why you are wrong. How can you allocate any money, for two parcels of property, and you don't have the slighest idea fre an appraisal, what the second one is worth? Mayor Ferre: We kr°.ow what the first one is worth. Mr. Plummer: There was a figure 1 remember very vividly of the $750,000. in Park issue. Mr.Andrews: That was included in the Parks bond issue. Mr. Plummer: Where did you draw this figure of this $1,600,000. when you don't have an appraisal on the 2nd property. Mayor Ferre: He said two million, Mr. Plummer: Where did the other figure come from. We only asked the voters in the bond issue for $750,000. for that parcel. Mr. Andrews: I can't explain it without going back and getting the record. Mr. Plummer: Will you sand me a memo on it? You see the question I am trying to ask. How can you even thing about a property you dont have an appraisal on? That is what I am saying. You are saying you think the appraisal is going to come back in the neighborhood of $400,000. Mr. Andrews: No, sir. Mr. Plummer: Send me a memo. Mr. Andrews: I don't think I should express publicly what I think the appraisal might come in, at this stage. 29. BLOOD PLASMA ESTABLISHMENTS -PROPOSED ORDINANCE: Mayor Ferre: Forty-five days ago, the County Commission in response to a series of articles that came out in the press, in a series of T.V. programs, came out, responded to, this came out in November, ---what I think is a shameful situation in our midst. I think this matter has been covered amply and I am not going into a long speech on it, but I do want to read just one thing into the record. That is a letter. that was written by Mr. J. Garrett Allen, M.D. professor of surgery in STanford University, published in the Miami Herald on the 12th of December, it reads as follows: "For the more than 25 years I have tried to point out the hazards of the commercial blood donors, compared with volunteer blood donors, that is, friends of the family, members of service clubs, church groups and etc. My ob- servations have been carefully made, widely published in the scientific literature, and throughly confirmed. The risk of contacting hepatitis from a unit of com- mercial blood is about 10 time higher than from volun= teer blood, because I traveled extensively with reference to my university work, it occured to me, to collect advertisements from yellow pages of the phone book and classified ads from newspapers of the major cities I visited. In no city have I found the ads on commercial blood as active in distribution as in Miami. You might be interested in how these 133 12/13/73 blood banks have changed names, or have been sold repeatedly as the Herald classified section of January 26. 1970 indicates. Television station W.J.X.t 4 of Jacksonville, was in contact with me in March 71 where they were having apparently the saute problem abut the high rate of commercial blood and little or no effect was made to collect from volunteer donors. They reported in 1971 the same dismal condition that you describe in your articles of Oct. 29, 30 and Nov. 6. Not only was commercialism was under question, but also the material and cleanli- ness of it. If we are to have an all volunteer national blood program, it is clearly evident from the behavior of your own state department of health, that it must be under federal control and inspection considerably more complete,than is reported in your paper. I told W.J.X.T. 4 two years ago that I knew of no other city or geographical area other than Miami and Los Angeles, where commercialism of blood was more rampant in the U.S. I feel your relelations are of as much of a shock to the excellent Doctors of your community, as they are to your public. The tragedy of your Miami story is not only were patients subjected to a very inferios service, but donors as well. You have done a real service in bringing this to light. Mrs. Gordon,and my fellow commissioners, I want to very emphatically state that I do not in any way intend in what I have been trying to point out in the past few weeks, take away from the merits of what the County Commission has done, and will do. I just think that since this problem affects the City of Miami more than it does any other community in our midst, since 80% of the plasma that is collected, is collected in the City of Miami, and since over 80% of what is collected is shipped out of Miami and Dade County, it is eminently our problem. The fact that the federal government has health standards, that the State health standards, that the County has health standards, does not in any way, relieve us of the obligation of worrying after our own. I think it is our moral duty, our responsibility. I am .going to tell you very honestly, if I could, if there were a legal way, just clobing these operations down, I would. Fortunately, our legal counsel has informed us, that that is not the way, ---we can't quite do it that way. I do think, consequently, that we have to do everything within our power to regulate, to control, these operations, so that at least those poor souls, and I say that advisedly, that our victims of social problems, that take them to the depths of sad need, to Bell their plasma to survive, at least will be done in as a humane way as possible, in as clean a way as possible, in a way that will safeguard, not only their safety, but the conscience of this community , which I don't think can tolerate something like this any longer. I have asked Rev. McKinnley, if he would to address himself to this problem because he is personally identified with this. He grew a beard and he went out and went through this procedure, subjected him- self to the possibility of all the things that people have to subject themselves to in going through this procedure. --- and I want you to hear from his own mouth, what he had to go through. One last thing Reverend, before I recognize you, it is always bad to bring out negative things. You know this community in my understanding is the second community in the nation in percentage of syphilis. I understand we used to be NO. 1, so whether we are number one or two or three, we are up there in the top. If a human being, a person wants to get married in Miami has to take a blood test, mind you, has to take a blood test, and that blood test, has to wait 30 days 134 12/13/73 • • es I understand, (I haven't been married in 18 years so I can't tell you) but you've got to wait 30 days, then if you wait beyond that,take the blood test again. HOw in the world, in a co inanity where syphilis is so high, how can these people give blood without any kind of health test, or blood test. TO the it ie unbelie'veable, - -I don't see how that could exist. Reverend, you have the floor. Reverend McKinniey: Can you imagine anyone getting married after waiting 30 days, after they made up their mind to. Your Honor, I am the pastor of the First United Methodist Church, at 127 N.E. 4th Street, Downtown Miami. We have been there since 1896, since this town started. Yesterday during that dedication, that podium yesterday was almost over the same spot on the map that White Temple was there, and kind of ironic, as I was sitting there appre- ciating what was happening. My problem first is theological, and the fact that I believe that all life is from God, and therefore all life is precious, secondly it is sociological. I read like in this morning's paper. a repetition of the dreams that people have for doing something with downtown Miami, and I am aware that this so far is going to be of no avail because the parks have the problem, the housing has the problem, everybody has the problem of what are you going to do with that downtown pedestrian traffic. 0f course, it is what keeps them down there, and the reality for us at this church is, even though we have voted. and are going to spend some 3 million dollars down on the Boulevard for a total new church plant, at the same time our point is not progress, our point is survival, because every day we have to fight the idea of survival. We have to change downtown and the traffic patterns that are there, ped- estrian -wise. Yesterday, Miami Dade Junior College had its dedication, your Honor, and today we had the meeting of that County Task Force. We sat there for over 2 hours going over what theCounty was going to recommend at the end of the 45 day period, which has come to them. Dr. Stokes who is Vice -President of the Downtown Campus is on the committee, and we sat there and we talked about the problems. He said I have been having the lady who is running our book store, she faces the blood plasma center on 4th Street, and she keeps insisting at the end of 45 days there is no change. We know that. We watched them yesterday morning standing in line, all up and down the street. I had to talk to the owner of a little hotel between us and the plasma center because this marvelous little Greek man Mr. Themostopolis, he lives in it all the time. This man is fighting for his survival in that little hotel. Yesterday he was threatened again. Two months ago, he had a problem, ---his wife and her sister. There is no end to the problems of violence and the other degredation that is going on as the result of that facility there, we are caught because there is one over on 5th Street also. Three nights ago, your Honor, the faculty, when it went to leave that beautiful new college, the faculty was afraid to walk out the door.Ask the president, the faculty would not walk out the door, because of the 15 people left over, sitting on those benches, drinking their wine, going to pass the night right there. It is an unending problem. It seems we hear sirens all the time, down at that corner, and if anyone checks with No. 1 Fire Station, there it is, first the Police then of course comes the rescue wagon and then oomes the amibulance. Yesterday we saw the police go just before the dedication in the plasma center, just up the street. 135 12/13/73 Dr. Saslow said in the meeting today that at the end of 45 days they are still *are of gross violations going on in these plasma centers, even though the warning is there. The churches are part of the problem of the traffic downtown, and I pledge you that I will do all I can to get theta to start consolidating their feeding stations to one place so they quit providing all these numerous places, where you can, ----you can live in downtown Miami with the plasma centers and the churches feeding stations and the nice weather, you can make it. And your Honor, I hope and pray that somehow we are going to be able to change, especially the influence of these four centers which take over two-thirds of the plasma, they are downtown on 4th, 5th Flagler and llth Streets, close to 150,000 pints a year come out of these four centers. The question is, how are these people going to make a living. Well, first place, yot. are supposed to be in good health and on a good job in order to give to the plasma center twice a week. The other answer is, they can go to work like the rest of us, if they are that healthy, otherwise they should never go to the center. I hope somehow, this ordinance will go through, and some cooperative way it will fall in line with the County ordinance and give additional help to both of you, as you help us work out this solution. Thank you. Mayor Ferre: Reverend, I might point out that I have written letters to the food and drug administration and I hope they will take some action. I am also hoping the County will take some action, but the thing that really got me concerned, and into high gear in this one, is when I heard, and I have a great deal of respect of Wood McCue, and Dr. Saslow, but when they told me they needed another 6 weeks, to compile sufficient information, and you know maybe we may have to come back and change our ordinances, or amend them, but we just can't wait another 6 weeks. This thing has waited long enough, and I think we have to do some- thing. What I would like to propose to my fellow Commissioners here, is that we pass an ordinance on first reading. The ord- inance was passed out this morning to you, by Mr. John Lloyd and you have it before you, and I would like to read it by title and there are some corrections and amendments that I would like to make. Reverend, did you get a copy when you came in? Rev. McKinnley: Yes. I read it. Mayor Ferre: I am going to read it by title and then, John, where did you go, I would like to point out a couple of things that I think where this needs a little strengthening, and then you can describe t h e procedure of how it works. Let me read the ordinance by title, -- AN ORDINANCE ESTABLISHING THE CITY OF MIAMI COMMERCIAL BLOOD DONORS BOARD; DECLARING THE FUNCTION OF SAID BOARD TO -INSURE THATPERSONS WHO ENGAGED IN THE SALE, BARTER OR EXCHANGE OF BLOOD OR SOURCE PLASMA (HUMAN) WITHIN THE CITY OF MIAMI BE QUALIFIED DONOR AND OBTAIN A PERMIT BEFORE ENGAGING IN THE BUSINESS OF COMMERCIAL BLOOD DONATING; ESTABLISHING PROCEDURES FOR OBTAINING SAID PERMIT; 136 12/13/73 REQUIRING A PHYSICAL EXAMINATION BY AN INDEPEND- ENT PHYSICIAN, LICENSED TO PRACTICE MEDICINE IN THE STATE OF FLORIDA; ESTABLISHING PEES FOR THE PROCESSING OF APPLICATIONS FOR COMMERCIAL BLOOD DONORS' PERMITS ESTABLISHING PROCEDURES TO BE FOLLOWED BY THE BOARD AND BY PERSONS OR FIRMS ENGAGING THE SERVICES OF COMMERCIAL BLOOD DONORS; ESTABLISHING RECORDS TO BE MAINTAINED BY THE CITY OF MIAMI COMMERCIAL BLOOD DONORS BOARD AND BY FIRMS EMPLOYING THE SERVICES OF COMMERCIAL BLOOD DONORS: PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE A MISDEMEANOR; AND PROVIDING PENALTIES FOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE Mayor Ferre: I might point out at the outset, that it certainly is not my intention that the City of Miami start creating a separate health board. And I want to point Mr. Andrews, that in the 30 days that we have until 2nd reading, I certainly hope we work something out with the County, or with the health and planning council, or Jackson Memorial Hospital, or with somebody that will actually go in and do the administering, and we would be just be a collecting agency, transfer the funds over and not create another bureaucracy, or another board of some kind. That would be my hope. Let me tell you what the intentions of this basically would be and where I think it should be strengthened. Number one, I think we have to work out a little more carefully in this ordinance, the fact that person must get a card, if you will, and maybe a punch system, where once blood is drawn, it is like one of these carnival deals where somebody punches that card and he cannot, ---that man who is a donor, cannot have blood drawn from him unless he has that card, and it would be the duty of whoever is taking the blood to punch that card, register that man's name, and call it in or mail it in to wherever the clearing house is, so that we don't end up now as we do with people going from one blood place to another, I understand they go to two or three a day, to get the 15 or 20 dollars they need. That would be one change I would like to see in this John. Let me go over the 3 or 4 changes, and then we can come back, that would be one change, the second change I would like to see inhere, is I think that a drunkometer test should be taken, a breath drunkometer test, not a blood test. The blow a baloon or something, and I think very simple, as I understand it, a mechanical thing that has been used by the Police Department for years. Is that true? Mr. Knight? I would like to have that in here, before somebody gives blood he has to pass the drunkometer test, and has to be sober. The other thing I would like to see included in here, is on the health aspects of this, I think you have to have limitations, if a man has a card, -- a blood donor's card. and he has been medically examined you have got to stt•the time when he has got to be medically examined again, and I think it ought to be, I don't know, it ought to be something we can amend next time, but it should be 45 days or 60 days, that we know that that man has to get some kind of a test. Mr. Lloyd: The federal standards, your honor are every four months. Mayor Ferre: I think it ought to be a little closer than that. Rev. Gibson: Mr. Mayor, I am not opposed, but they have to have a license of occupancy to do business in the City? 137 12/13/73 Mr. Lloyd, City Attys Yes. Rev. Gibson: What I am trying to get at is, why do we have to have to deal with this. It seems to sine, if they can't do business unless we give them a permit, what we ought to do, since health is the responsibility of the County and the Health Board, we ought to do it the other way. Why don't we revoke or fail to give anybody an occupancy license, and then say to the County, these are conditions that exist, you are responsible, you are the health agency responsible from this busines, otherwise, we are going to end up getting business, in that kind of business, andi could only see us ending up as another agency. I would rather write tonight, -- pass an ordinance that would revoke any and every occupancy license that we have out there for that purpose. Let me say this. Mr..Plummer: You can't legislate the man out of business. Rev. Gibson: You can't legislate him out of business, I don't think we are charged, Mayor Ferre:----the point is, the federal government is charged with and so is the State and the County, and it hasn't been done. Somewhere along the line, the Bible says somebody.has to stand up, -- Rev.' Gibson: ---and I I see another bureau. All you right now, and go the conditions exist, you are something about it. don't mind standing up Mr. Mayor, I am saying I would lock arms with health department and say these in charge of all this bus3ness,do Mayor Ferre: I want to tell you that the health department of this county have been aware of this problem for years, the newspapers wrote a series of stories in October, we are now in December, you have before you a fellow minister who is describing the fact and I have seen people walk out of the blood bank and go right into the liquor store and buy a bottle of wine, sit down and drink the wine. I have seen people stagger- ing into those places, they could hardly walk, it is unbelieveable, and all I am saying is that we cannot put up with that type of human misery. Let me tell you, that it seems to me that it is our responsibility as citizens, as members of the Commission if nobody else has taken this job on, then I think we have to do it, and if the only reason is, just force the County to move on this thing, which I hope is what the effect of this is going to be. We are not going to pay for this, they are going to pay for it. Rev. Gibson: I'll buy what you are doing , but I also think you ought to instruct Mr. Andrews, --which one of your departments is in charge of occupancy, -- Mr. Andrews: The Building Department, Rev. Gibson: i think Mr. Mayor, if our building department. we could put some pressure on those people right now, I shall always remember a former Bishop 1 knew, who said 'the nusiance value is a great thing; a lot of times you don't expect to get but so far but if you worry people and pester them enough, and ask the police department about that, man, they would be glad to,....you could get action in the morning, if you decide to go 138 12/13/73 • peter them to death, and at the same time, ---- Mayor Ferret You can't do that legally. Rev. Gibson: I feel that we have, ---we can do two things right to night, right now, --we could say to everybody we are not going to issue no occupancy licenses, whatever way, even if we can't say that, you could fail to issue. you have ways. Mr. Plummer: They have already go them, Father. Let me offer a suggestion, old Plummer can come up with a devilish method, one way or another. Mr. City Atty, and Mr. Mayor would you listen to this, please. You can't legislate a man out of business who is presently engaged. Don't we have within the police department presently a method of determining whether a person is under the influence or not? We have that Jimmie? does. Unidentified person: Presently we do not, but the County Mr. Plummer: What determination is used by a policeman on the street as to whether or not a man is under the influence? Unidentified person: He is taken over to the County. where he is tested, Mr. Plummer: Under the federal statutes, there is a thing here that says any donor who in the opinion of the interviewer appears to be under the influence of any drug alcohol or for any reason does not appear to be providing reliable answers. Mr. Mayor, there is nothing I don't think to preclude, --Mr. Andrews you might this is a little on the but I will go for it, that we can't send our Police Dept in to check these individuals who are under theinfluence and if any of the men are there are under the influence, have violated the laws, isn't it ground for revoking the license? Mr. Andrews: I am not sure, I doubt that. Mr. Plummer: If a man breaks the law, isn't he subject to arrest? Mr. Andrews:The only way you know he is breaking the law is when the officer suspects this condition exists and and takes down to the hospital. 1 Mayor Ferre: John Lloyd, I think man must dread every phone call I make to him, I have been hounding him on this, and every time I call him on something he tells me it is illegal, you can't do that. Why don't we harass them, --we can't do that, why don't you close them, ----we can't do that, ----how about the occupational license, --you can't do that. What can we do? Mr. Plummer: Mr. Mayor some of the people who are walking into these places, as I saw yesterday, across from the college, man there is no question whether or not they are under the influence. I saw one man go in yesterday, he almost crawled in, that doesn't take a policeman. That man, if he , gave, .---I didn't stick around, but if he gave obviously broke a.law, if they took plasma from that man. Mayor Ferre: I don't want to be putting list= teem for a second, if you are in this if you are paying a man 5 dollars to draw his 1.39 it this way, business, and blood and get 12/13/73 • plasma out, and all of a sudden you have to pay a fee of 5 or 6 doliare, you think about this, and you can't get drunk*, can't draw blood from drunks, and they have to have health certificates, and you got to have this and that, what do you think those people are going to end up doing? Mr. Plummer: Crucify Maurice Ferre. Mayor Ferre: That may be, but I tell you it is worth it. I know I am sticking my neck out. Mr. Andrews: Don't:press that point too far Mr. Mayor. It is best not to have that particular kind of information on the record. Rev. McKinley: This afternoon the committee came forth with a recommendation and that is that Dade County and the City of Miami and the health department and health Planning Conncil, that they work together cooperatively to develop this county wide donor system, and secondly they thought the Health Dept. should have the responsibility to enforce this, and that the I.D. system should follow the guide lines that they have drawn up, but above all there should be a central I.D. system,record keeping system, whereby they would be able to trace as to who was giving what, when and how many times. Rev. Gibson: Mr. Mayor, I will go along, if this will bring any relief, I think we ought to pass this ordinance but more than that, since, what we will have to wait 30 days to pass this on emergency, or what. Mr. Lloyd: The ordinance provides for two readings purposely so that we may incorporate any amendments which the commission and the Mayor decides should be in there. Rev. Gibson: Mr. Mayor, I'm not willing to just pass the ordinance. I think that every member of this Commission if you are really interested, ought to seek an emergency appearance before the County, and deal with this issue. You know they have been saying an awful lot of things to us. We are not going as enemies, we just want our City, since this is their jurisdiction. we want our city taken care of. --- Mayer Ferre: I made the motion, -- Rev. Gibson: I second it, ---- Mr. Plummer: I ask Mr. Mayor you make a clear delineation in here, that this ordinance does not pertain to the John Elliott Blood Bank, or Mayor Ferre: No, let's get this clear, this is only Mr. Lloyd, let ask you a question so we can get it on the record clear, is this in your opinion a legal instru- ment? Yea, or no. Mr. Lloyd: Yes. Mayor Ferre: Is this instrument here, because you and I have been talking many hours about this, and you told me the things we cannot do, is this something that we can do, under the law? Mr. Lloyd: Yee. 140 12/13/73 a Mayor Perre: You are satisfied that it meets the aonetltutional test? Mr. Lloyd: Yee. Mayor Perre: That it meets the requirements of the legal test of the State of Florida and all the other laws We have to live by? and is entirely in the purview of what we as the City of Miami can do? Mr. Lloyd:Yes. Mayor Perre: One last question, on this, in your opinion do you t.nk this goes far enough as amended to solve the problem, or help solve the problem. Mr. Lloyd: We feel it goes very far to solving the problem. We feel it will solve the problem. Mr. Reboso: We have a motion and a second, any further discussion? Please call the roll. An ordinance entitled - AN ORDINANCE ESTABLISHING THE CITY OF MIAMI COMMERCIAL BLOOD DONORS BOARD; DECLARING THE FUNCTION OF SAID BOARD TO INSURE THAT PERSONS WHO ENGAGE IN THE SALE, BARTER OR EXCHANGE OF BLOOD OR SOURCE PLASMA (HUMAN) WITHIN THE CITY OF MIAMI BE A QUALIFIED DONOR AND OBTAIN A PERMIT BEFORE ENGAGING IN THE BUSINESS OF COMMERCIAL BLOOD DONATING; ESTABLISHING PROCEDURES FOR OBTAINING SAID PERMIT; REQUIRING A PHYSICAL EX- AMINATION BY AN INDEPENDENT PHYSICIAN, LICENSED TO PRACTICE MEDICINE IN THE STATE OF FLORIDA; ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR COM- MERCIAL BLOOD DONORS' PERMITS AND FOR THE ISSUANCE OF SUCH PERMITS; ESTABLISHING PROCEDURES TO BE FOLLOWED BY THE BOARD AND BY PERSONS OR FIRMS ENGAGING THE SERVICES OF COMMERCIAL BLOOD DONORS; ESTABLISHING RECORDS TO BE MAINTAINED BY THE CITY OF MIAMI COMMERCIAL BLOOD DONORS BOARD AND BY FIRMS EMPLOYING THE SERVICES OF COMMERCIAL BLOOD DONORS; PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE A MISDEMEANOR; AND PROVIDING PENALTIES FOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE was introduced by Mayor Ferre, seconded by Rev. Gibson, and passed on its first reading by title by the following vote AYES: Mayor Ferre, Rev. Gibson, Mrs. Gordon, Mr. Plummer Mr. Reboso. NOES: None. Mayer Ferre: I want to reiterate, because Mr. Plummer came up with a good question. -this has nothing to do with ligitimate volunteer blood banks. That is not what this is addressed to. This is strictly dealing with commercial plasma gyrations, okay. Mr. Plummer; I think if you use the terminology, rather 141 12/13/73 than legitimate, the hospital related, Mayor Ferre: l stand corrected, ---- Mt. Lloyd: Mr. Mayor tray I make one comment? The ordinance has been paused, as prepared. The amendments you have suggested will be delivered in the interim between the passage of the two ordinances, which we can incorporate on second reading. Mayor Ferre: When will the second reading be? Mr. Lloyd: No, it cannot be next week, it will have to be January 10. Mr. Clerk, will we have time to get the advertising in? Mr. Ongie:---by January 10,---- Rev. Gibson: Mr. Mayor while we are waiting for the ordinance, I move you sir, that however this is done, whether you have to do it or the Clerk does it, that we ask for an emergency appearance before the Metro Commisssion at its next meeting. This whole body of Commissioners, - Mayor Ferre: Father if I may let me tell you how to do that, because I have already been talking to Mayor Orr about that. He would welcome on Monday morning when they have their formal meetings before they, and they are attended by 5 or 6 Commissioners, that we show up there and discuss this matter with them. They are just as concerned as we are. I was real sorry to see the head- line that came out in the papers the other day, because that really isn't so. They are just as concerned and they want to work in this just as badly as we do. I think if we show up there Monday, show our concern, with what we have done, I think they will move ahead on it. Rev. Gibson: Mr. Mayor I want to put it on the record. J. L. taught me one thing. I move you sir, that the Mayor as the head of the governmental entity of the City of Miami, seek a place on the agenda, formal or otherwise, that each member of this Commission will join him on Monday, or whatever day that is, and make an appearance on this matter. That is a motion. Mayor Ferre: There is a motion, a second? Thereupon the following motion was introduced by Rev. Gibson, who moved its adoption: A MOTION REQUESTING THE MAYOR OF THE CITY OF MIAMI AND MEMBERS OF THE CITY COMMISSION TO BE PRESENT AT THE METRO COMMISSION MEETING ON MONDAY, DECEMBER 17, 1973 TO DISCUSS THE MATTER OF BLOOD PLASMA ESTAB- LISHMENTS Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. LSD ES: NONE. 12/13/73 POLICEOPARTMENT - XAMINATIONS FOR ENTRANCE _.& PRCMt ION1 L - AGIT .WIT CONStLTX FIRM: The Commission took up for consideration the matter of auth- orizing the City Manager to negotiate with a consulting firm and to enter into an agreement for preparation of entrance and promo tional examinations for the Miami Police Department and a method of scoring said examinations which would give weight to seniority, and to score said examinations. The following discussion occurred: P. W. Andrews, City Manager: There is one area of adjustment in this resolution I have before you. I do not expect the Commis- sion to pass this whereby you would give me authority to enter into an agreement; and now I would like to explain why it's merely the negotiation stage first, and then come back to the City Com- mission with a consultant that I have selected for the City, so that the Commission can ask all the questions that they wish and the interested individual groups may have an opportunity to ask their questions of that consultant prior to the Commission acting upon any agreement. This matter stems from the court requirement affecting the Police Department in that the court has specified in their decree that the City shall engage an agency to perform the screening; the making up of examinations; the giving of the examinations; the scoring and rating of the examinations, both entrance and promitional, in the Department of Police. In order to accomplish this I communicated with a half dozen outstanding firms in the United States. I called these firms personally, and then wrote to the firms to secure proposals from them to render this service for the City, and of those proposals that I received, in evaluating them, as I indicated in my memorandum to you, I find that there are three firms that have outstanding qualifica- tions. I would like the Commission to adopt this resolution ranking these firms one, two three, as indicated in this memorandum, and I will begin my negotiations with them, and then based on those negotiations --- Mayor Ferre: Have you got the names of the firms? Mr. Andrews: Yes; the names of the firms are Personnel Research and Development Corporation of Cleveland, Ohio, Industrial Relations Center, Chicago, Illinois, and the third is Educational Testing Service, Princeton, New Jersey. Mr. Plummer: To me the most blatant one here --was the University of Miami not interested? Mr. Andrews: They did not respond. I talked to Dr. Shipley at length over the telephone; sent him a letter of invitation. They did not respond. Mr. Plummer: But you didn't get a negative answer. Mr. Andrews: As a matter of fact, when I talked to Dr. Shipley he was wanting to respond. We sent the letter to him. He did not respond. Mr„ Plumers As I read the final order of the court, this thing is not just a one-shot deal; this is not only the giving of 143 12-13-73 the exams, but it is also the monitoring, up to a three-year period. Now -,five-year period; OK, that just strengthens my positions that in fact if they have got to monitor this thing it means that they have got to be here. Is there any way that we can 'find a local company. It seems like to me it has just got to be a lot cheaper to get a local company who is not going to have to be traveling back and forth. I think it would be- hoove you, Mr. Manager, to once again, even if it is a negative answer from the University of Miami, that you do get an answer, because my God, they are fifteen minutes away. Mr. Andrews: But I also don't want to put the City in a position where we are pleading with someone to respond. I felt that I have called the University, and in addition to calling them I have sent them a letter of invitation. I will follow the additional step you are suggesting, but 1 don't want to put the City in a position of going to people and soliciting their participation. They have to want to do this, because they have to be completely, and I mean completely, objective about what they do. Mr. Plummer: You are telling me that other than the University of Miami there was no other outfit locally that you felt qualified to do this. Mr. Andrews: That's right; this is a very specialized area, and you will find, as you make telephone calls around the country where they have this problem, that there is not that much exper- tise in the United States in this particular area, where they have examined other police departments, institutions where they have guards, etcetera. Mr. Plummer: Let me ask another question --and I think it should be a matter of record --obviously you had some discussion with these three firms who agreed to do it. Mr. Andrews: No; only to the extent of determining whether they would be interested or not, and they expressed interest. After they expressed interest then I sent them a letter detailing and copying the wordage directly from the court order as to the requirements; sent that to them and asked them to supply the City with a proposal in terms of their qualifications, their experience in this particular area. And they did that, and from that I went through the screening process of reviewing each one of them and concluded that these three seemed most promising. Mr. Plummer: Am IAlso to assume that the University of Florida did not reply? Mr. Andrews: They did not reply. Mr. Plummer: All right; I see nothing wrong with giving you the authority to deal with these three firms, but I would hate to exclude the University of Miami, if possible. Mayor Ferret All right; we will aid them to the list. Now before we proceed I know that T. Willis Fair asked me the other day that be wanted to address himself to this point. You still want to talk about it? 144 12-13-73 Mr. Andrews: Mr. Mayor, may I make a suggestion, because I have been its communication with all these people, and I don't wish to be presumptuous and lead you, but let me tell you some of the other things that went on, and I am going to ask you not to consider this resolution until you have heard from everyone, including the Latin representation, the Captains and the Lieuten ants. I called Mr. Fair just the other day; told him about this; explained to him what the City's problem was; asked him if he thought that they were qualified to carry this out. We concluded over the telephone that perhaps they were not, but that they were going to help in another area. I also asked Mr. Simms to be here, and we communicated, and I hope that there is representation here also --- Mr. Plummer: Bob, himself,is here. Mr. Ferre: I saw Mr. Simms a little while ago. Mr. Andrews: All right. He was invited here. We also communicated with the officers involved in the basic suit, so that they could be here and hear what is going on, because I want to assure the Commission --and I know the Commission would want to handle this this way --that every bit of this will be done completely open and subject to questions. Mayor Ferre: We are running late, so let's move ahead, and then Willard, Iou will talk about this later on; is that how we are going to do it? (Inaudible response) I might say (Mayor Ferre continuing) I am beginning to worry about T. Willard Fair. This is the second time in a week that I have seen him dressed in a business suit, and that worries me; conservative business suit. Captain Eugene Gunn: I am Captain Eugene Gunn from the Miami Police Department, and I represent the committee of commanding officers of captains and Lieutenants; thirty-two of the captains and lieutenants in the Department; and we ask that before any other portion of this final court order from Judge Redegar be implemented, that you have the input of the commanding officers and the Fraternal Order of Police, as representatives of the City of Miami Police Department. The reason I asked this was that this was filed in 1971 in December, and only the parties, City Manager Reese at the time, and the attorneys for Franklin Cohen, et al, and the City Attorney, Mr. Rothstein; only these parties were privy to these meetings, with the exception of three meetings that the Chief of Police and the Assistant Chief of Police sat in on. Now this final agreement came down as a total surprise to the Chief. The Civil Service Board was not notified; the members the Police Department organizations were not notified; they were not able to sit in and offer any input into this final agreement that was presented to the judge. I can read here what Chief Garmire gave to us, just to substantiate what I said. Mayor Ferre: Captain, excuse me for interrupting you, but I can just see that this is going to be a long, long one, and if you will forgive me, let me see who is here on what items, because this is going to be a long item. (Whereupon the Mayor inquired of members of the audience, and the subject under consideration was deferred briefly to consider other items) 145 12-13-73 VAR 30A. ommos BOWL _' USE POR .t #ER iAN ATELETIC _ EVENTS: The following resolution was introduced by Mr. Plummer, who moved its adoptions RESOLUTION NO. 73-967 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO CONTRACTS FOR USE OF THE ORANGE BOWL STADIUM FOR OTHER THAN ATHLETIC EVENTS PROVIDING SPECIFIC CONDITIONS ARE ADHERED TO (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson., Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 308. LATIN-AMERICAN POLICE OFFICERS Mr. Alfredo Duran appeared and made the following statement: I am an attorney and reside at 801 Bayshore Drive. I know you have a very busy agenda ahead, so I will be very brief. I am here speaking and representing the Latin-American Chamber of Commerce to speak on behalf of the Latin-American Police officers of the City of Miami, and make the concerns of the Latin-American Chamber of Commerce known. In essence, the Latin-American Chamber of Commerce supports the legitimate demands of the Latin officers of the City of Miami. We request of the City Commission that they give careful and serious consideration to this problem which is of great concern to the Latin citizens of the City of Miami. I think with that is sufficient to express to the Commission what the Latin Chamber of Commerce desires. Mayor Ferre: Well, you didn't tell me specifically what it is --- Mr. Plummer: I haven't heard what the request is. Mr. Duran: Well, Iola see, with the hurry that Mr. Alexander and myself are in, we are sort of out of turn. The officers aren't here to make their request known. Mayor Ferre: Well, whatever their requests are, you back; is that what youte saying? Mr. Duran: What we are saying is this: We believe that there is a great problem with representation --- Mr. Plummer: Alfredo, that's the bag of worms I said I was going to open up. That's why I said you might want to be here. Mr. Duran: I know I would want to be here. Unfortunately, Mr. Commissioner, 1 ---- Mayor Perrot 1 just want to snake sure that I understand what it is that you are backing up. Are you backing up --for example, the letter that I received here --we all got copies -- from Sergeant Gustavo Senos--I saw him here a moment ago -- Sergeant, how are you tonight. I'll read it: On behalf of the fifty Latin mefibers of the Miami Police Department t respectfully requelat, and so on. Our subject matter will be the final federal court order of September 14th and the de- cisions we have taken following the press conference of November 27th with Mayor Ferre. Mayor Ferre then told our com- mittee that we would be given the opportunity to appear before the Commission:at the next meeting. We wish to reinstate our decision not to impede the city's desire, and so on. Then there is a letter attached to it from Mr. Andrews requesting time signed by Roy Gon----, Attorney, Armando Alexandre, Presi- dent of Hispanic American, Luis Sabina, President of the Latin Chamber of Commerce, and Alfredo Duran, Attorney. Then the Spanish-American Council of Florida has written a page and a half statement in which --- Mr. Duran: I can tell you in essence what we support. In essence we support this: We believe that the federal stipula- tion --- Mayor Ferre: By this you mean the letter from Mi. Alexandre? Mr. Duran: No; by this I mean what I am talking <<bout at this point. We believe that the federal stipulation which has been entered into between the City of Miami and the black police officers, and which has been sanctioned by the federal court should be applicable also to the Latin-American officers. We be- lieve that the six per cent. representation of Latin officers in the City. of Miami today is completely inadequate for the needs of this city. We believe that representation should be increased. We believe that the fact that there are no police officers of a grade above sergeant in the Miami City Police is also inadequate. We also believe that the lack of availability for different study programs within the City of Miami police, two Latin officers, is also inadequate, and we also believe that the Latin police officers, by implication, even though not specifically spelled out in the stipulation entered into between the City and the black police officers is entitled to be included in all further negotiations; it's entitled to be included in the request that they also have a say-so in who is to administer this test, and it should be included as to be applicable to them all of the items that are in that agreed order. Mayor Ferret Well, let me correct you on this last state- ment. The only one that is going to make that decision is going to be Mr. Paul Andrews, and the final decision is going to be made by this Commission; not by anybody else. Mr. Durant I understand that, Mr. Mayor, but you asked me to say what we were supporting, and I have just succinctly stated what we support. Mr. Andrews: So there is no misunderstanding, the decree is quite clear in that it devotes one paragraph charging the City 147 12-13-73 Manager with the responsibility for this: and then the other provisions Within the decree, if they are not satisfied prop- erly, insofar as the plaintiffs are concerned, their redress is to the court, and not to the Commission. Mayor Ferret What he is saying is that the court has taken jurisdiction on this matter and has told us what to do. Mr. Plummer: Are you telling me, Mr. Andrews, that you are going to select the firm, and not the Commission? Mr. Andrews: No, sir; that's a specific provision; that's one of them, but once it is selected the only further --- Mr: Plummer: The only provision of the Commission's auth- ority is that of the selection after a public hearing, --- Mr. Andrews: That's correct. Mr. Plummer: ---and if that's contested by the plaintiffs, then they have the right to go to the federal court for the final arbitration. Mr. Andrews: But the balance of all the other items, which there are ten or twelve items in here, will be adjudicated by you. Mayor Perre: We understand that. Mr. Duran: But you see, the reason the police officers are petitioning the City of Miami, as best I can understand, is this: They are trying to avoid having to join in a federal lawsuit, and the reason --what they are mainly requesting is that they be allowed to negotiate with the City some sort of memoran- dum of understanding, or something to that effect, and I believe that is the essence of their request, even though I don't know for a fact what they are requesting, but the Commission asked me to explain what the Latin Chamber of Commerce, which I stand here today representing, supports. I have extended the time I intended to speak originally, and have gone into it --- Mr. Plummer: Are you suggesting that the Latin officers be afforded more of an opportunity than will be available to every- one else, with the exception of the plaintiffs: Their right to come here at a public hearing, which by the final order says we must hold, and voicing their opinions either for or against in this public hearing before this Commission makes a decision, are you saying to me that you feel that the Latin police officers should have more than that right? Mr. Durant I am not saying that at all. I don't think that the Latin, nor any other police officer or person should have more rights than anybody else. What I am saying is this, Commissioner: This matter.is on the agenda today, and ultimately, one of the items on your agenda will result in the selection of,as per orders from the federal court, of an institution or an organi- zation of some sort that will administer this test in order that 12-13-73 140 • this test be made in a fair and equitable manner to the black police; officers. What we are saying is that in this particular item we also believe that there should be some input from the Latin police officers to make sure that those tests are also administered in a fair and equitable manner to the Latin police officer. There are police officers in the Miami City Police Department who have been there for sixteen years and more, and yet there are a number of courses at universities and so forth that none of them have ever been able to go through them, or most of them have not been able to. Now why is that? There are some other things which I would love to be able to --- Mr. Plummer: What I am getting at, Alfredo, is this: In the stipulation of the final order, this commission, before it makes a choice, must hold a public hearing on the firm to be chosen. At that time the Latins, or anyone else in this city, has the right to come down and object, or even approve. But I am just getting to the point. You have no objection, as it relates to choosing a firm, do you? Mr. Duran: What I am saying is this; that in the court order specifically it gives a group, which in this case are the plaintiffs in this lawsuit, the right to,object or --- Mayor Ferre: You have got the same right. There is no question about it; OK? Mr. Alexandre, you want to say something? Reverend Gibson: I am sorry you are leaving, because I want to raise a question. Mr. Alexandre: My name is Armando Alexandre. I am the Chairman of the Hispanic -American Council of Florida, and in be- half of the Council and all concerned Latin-American citizens I wish to congratulate the City of Miami Commission and Chief Bernard Garmire for complying with the federal court order agree- ment by promoting a black officer to a commander of the City of Miami Police Department. The Hispanic -American Council of Florida is pleased with such appointment, and hopes that in the near future more black officers be promoted and recruited to the police force. We are aware that the Mayor and the Commissioners of the City of Miami are in favor of justice and fair practices. This is why I am confident that the following statement will be given full consideration by all the members of this Commission. It is common knowledge that approximately fifty per cent. of the population in the City of Miami is of Spanish extraction. Spanish-speaking police officers comprise less than 7;4 of the total force, and not a single member of these officers has attained a rank higher than sergeant, despite being with the department thirteen or more years in some instances. I believe the time has came to recommend that the group of these men be promoted to high- er ranks, with at least five members selected to participate in an intensive training program leading to their preparation as majors on the force. Thereafter two officers from this group can be appointed for such procedures. This process should take no longer than six months for the first appointment, and no more than one year for the second appointment. The Hispanic -American Council of Florida beseeches the City of Miami to triple the 149 12-13-73 number of Spanish language police officers. It is of utmost im- portance that a representative segment of the Spanish population, the so-called minority population, be represented in the Police Department. Again I emphasize that the Hispanic -American Council of Florida does not desire for the police force of the community to become divided in this issue, but rather that they should work as a unit in harmony and understanding for the betterment of all and for the protection of the law abiding residents of the City of Miami. Finally, I ask the City of Miami Commission to give serious consideration to the matter of salary increases and better working conditions for all policemen at all levels. Mayor Ferre: Mr. Alexandre, let me first of all preface my remarks by saying that it's my personal opinion that the legitimate requests of any segment of a community should always be listened to and adhered to, without having to go to court, and it is my intention --and I am sure I speak for everyone on the Commission and in the administration --that we are going to do what is right and what is just. Now, with that as a preface, let me ask you, since you mentioned salary increases and better working conditions --and God knows that J. L. Plummer and the rest of this Commission, and Maurice Ferre, when I served here for three and a half years, certainly went to bat every time we could to get increases, and I think that we have a good police force with good men who are de- serving of the best consideration; but since you► mentioned salary increases, would you tell me what the basic salary is of a police- man in Miami. Mr. Alexandre: About eight hundred dollars to start with. In any other kind of work, in the construction trades, you can make more money than that. Mayor Ferre: The base salary of a policeman in the City of Miami is not eight hundred dollars a month. Would you tell him what it is, Mr. Andrews? Mr. Andrews: It's about ten thousand, five hundred. Mr. Alexandre: That is very close to the figure I gave you. Mr. Plummer: It's ten thousand, two hundred and forty dollars. That is the starting pay. Plus eighteen per cent. fringe benefits on top of that, which comes out to somewhere in the neighborhood of a starting pay of about twelve to twelve, five. Mr. Alexandre: Mr. Plummer, let me --- Mayor Ferre: Mr. Alexandre, it is not my intention to get here in a discussion and a debate with you, except that when you make a statement to this Commission of this nature, even though it is not a direct accusation, it is an implication that I think must be challenged, and I, with all due respect to you, sir --and I respect you and you are my friend --but I cannot stand here and have a statement like this read to us, because the implication is very clear that this Commission has not had any concern about the salary increases and the better working conditions of this Police Department. I . Alexandre: I am not saying so. My feeling is that the police have to have more backing from the people, from the citizens, because they are risking their lives every single day. 150 12-13-73 Mayor Ferres Nobody argues with that. I don't think that the police —ea. Mr. Alexandres The only motivation -•-- Mayor Ferrer Mr. Alexandre, the point that I am trying to make to you is thatwedon't need anyone to come here and tell us to do something which this Commission has been doing, and those of you that are involved, and we have Sergeant Salerno, and you know -- and I haven't been here for the past three years, but when I was here there wasn't a single thing that was asked in the three years that I was here that sooner or later didn't get granted right along the line; you know it. And I am sure it was true in the past few years, and I am sure it will be true in the years to come. Nobody is ever satisfied, but I just don't want a misunderstanding created. Let me ask you --and you are going to have to forgive me, but since you have imposed yourself --with justification, be- cause you represent a segment of this community and the business community --just to point out how difficult the problem is --and this is not an excuse --but just to point out on a personal basis, because we have got to get to something like this. You are a builder, a successful builder; you are, there is no question about it; you have a good, going concern. How many people do you have employed. Mr. Ale4. ire: Just eleven. Mayor Ferre: And when you go on a job you obviously employ a lot more. Mr. Alexandre: No. Mayor Ferre: the electrical --- Mr. Alexandre: Mayor Ferre: ing in --- Eleven people do all the work; the plumbing, No; they are subcontractors. Now, do you have any blacks, for example, work - Mr. Alexandre: Yes. Mayor Ferre: In what position are these blacks? Mr. Alexandre: These blacks are (not intelligible), and I have another one who is a carpenter, and you know until a very few years ago it was very difficult to hire any black man --- Mayor Ferre: OK; that's the point that I was leading to. I am not trying to put ou in a position of embarrassment or anything; I am just trying to point that these problems are not easy, because they weren't easily made, and their solutions are not any easier, and it's not a question of corning up and saying we are going to solve it and we want this, and in two months we want that, and we want fifty per cent. Latins, and triple this thing. You know. 151 12-13-73 Mr. Alexandre: As I remember this thing started,... -because I have been working with this thing for seven weeks -it started before that. Seven weeks is almost two months, and I am talking about six months more, which would be eight, and maybe a year, but I cannot talk about reasonable time, because maybe it will be ten years, fifteen years, depending on your opinion, or my opinion, or anyone's opinion. Mr. Plummer: You are not in any way insinuating that the man who has been on this department, whoever he be, for sixteen years didn't have the opportunity to proceed through an orderly civil service system that we have. You are not inferring that, are you? Mr. Alexandre: No, because I don't have the facts. I have heard that they have been placing in some positions and didn't let theta go to higher positions. This is what I heard, but I have no facts. Mr. Plummer: I am beginning to wonder, but I always thought we had a very fine civil service procedure, and I have to believe that a man who has been here for sixteen years has somewhere along the line been, if he so desired --I don't know this man so I can't spell it out --if he so desired, that couldn't apply himself and take that exam and be put on a register like everyone else. That's the point that you are not speaking to. Mr. Alexandre: I have heard from all three segments of this police force; black, Anglo Saxon and Spanish. I have heard from all of them that the procedure taken before --I am not blaming anyone --wasn't fair for them to go higher. Mr. Plummer: •In what way, sir? Mr. Alexandre: (Reply not intelligible) Mr. Plummer: The point I am trying to raise. I don't go back on the Commission that far, but I have been told that there was without question inequities on the blacks. . Mr. Alexandre: This is the reason you have on the agenda today some kind of institution to run the tests. Mr. Plummer: There is no question in the past as it pertained to the blacks. For example; that they were not afforded the oppor- tunity to go to the regular training that a white officer went to We know that. That's water over the dam. But what we are getting to now is that I don't know that a Latin, or a Cuban, or Spanish officer has ever been denied that opportunity. Now, if what you are saying to me in so many words is that somewhere along the line somebody has been playing some hanky-panky. I can't read it any other way, sir. Mr. Alexandre: Well, if you want to read it that way. It's not my intention to put it that way --- because I thought what I was putting here before I came to this Commission was to try to find something to help people. 12-13-73 152 Mr. P UMMerz. That's why we are taking the time to try to do this r but I don't want by implication of what you read, sir -a. - Mr. Alexandre: The number nine on that court order agree- ment is talking about Minorities. That means for me it is equal for any one of them. Mr. Plummer: I don't agree, and where I don't agree is that the City itself has admitted in this court action that in fact inequities existed in the past towards the blacks; not all minor- ities, towards the blacks. Now, it doesn't say anywhere in there --- Mr. Alexandre: The court order says so in the number nine paragraph; you can find it there. Mr. Plummer: I think you are talking about apples and oranges. I don't think you are talking about the same thing. Your point is well taken in what you are trying to say, but I don't agree with it. I don't think that the Latin, or the Cuban or the Spanish have been subjected to the same inequities that any others that have taken abuse. Mayor Ferre: Let me ask a question now of Mr. Andrews. As I understand it we have, what, eighteen Latin police officers? Mr. Andrews: Oh, more than that; close to fifty. Mayor Perre: Have any of them ever taken the test for Lieu- tenant? Mr. Andrews: I don't know. Mr. Plummer: Well here's a sergeant. Let's ask him. Mayor Ferrer Sergeant, have any of the Latins in the Police Department taken the test for Lieutenant? Unidentified Police Sergeant: Unfortunately the test for Lieutenant has been held up for the last two and a half years. Mr. Plummer: But he says that we have had some of the officers here for thirteen to sixteen years. Now you are not telling me that the test for Lieutenant hasn't been --- Sergeant: I just finished telling you that the test for Lieutenant has been held up for two or two and a half years. Mayor Pierre: You have been on the force for what; sixteen years, or ten years? Sergeant: Sixteen years. Mayor Ferret In your knowledge of sixteen years have any Latin officers ever taken the test for lieutenant. Sergeant: I don't know, sirmaybe Sergeant Lopez did, but I do not know. Re has about twenty-three years on. Mayor Ferret Was it ever denied to an officer who wanted to take the toot for Lieutenant? 153 12-13-73 Sergeants It was denied in the sense that at the time that the test was supposed to be given about two and a half years ago it was not given. Mayor Ferret But before that time. Sergeant: No, sir; not that i know of. Mr. Plummer: And that applies to all; not just the Latins, or any one segment. Thetest has been held up for everyone for two and a half years; right? Mr. Andrews: Yes, sir. Sergeant: The particular test that we are talking about, the Lieutenant's test; yes. Mr. Plummer: How long have you been a sergeant? Sergeant: Since November the 6th, it was three years. Mr. Plummer: All right; what you are saying is that since you have been a sergeant you have not been eligible to take this test. Sergeant: Yes, sir; I have been eligible to take the test, and so have approximately six others, or five other sergeants, but we were not able to take the test because it was held up. Mr. Plummer: All right; but no one --what I am getting to the point is that no one was denied the opportunity to take it as it applies to any minority. It was a hold-up for the entire civil service procedure. Am I correct? Sergeant: Yes, sir. Mr. Plummer: Da other words, that applied to the blacks, as well as to the Latins, and to the Anglo Saxons, the Hungarians; all segments. Sergeant: Sir, I can't answer the question as far as exact. Mr. Plummer: Well, do you know of anyone who has taken a Lieutenant's exam? Sergeant: Sir, I cannot answer the question, because I don't have knowledge of any other groups except the six sergeants that were eligible to take the test. Mr. Plummer: What I am getting at is simply this: No one has taken, or had the opportunity to take, the exam in the last two and a half years; no one. Reverend Gibson: There is a black officer. Let's ask him. Sergeant: Let me try to finish. I will be here as long as you want for me to be here. The only thing that my organization and myself are trying to do is to help everyone, and to point out whatever we feel is not right in a population of forty --suppose it is forty: acmbody says it is fifty --I don't have any statistics for that in the City of Miami --and when I am talking about people I am talking about only fifteen percent of the force, because you have already one thousand, approximately. 154 12-13-73 Mr. Plu mer: All right; since you want to be quiet, and I'll 4o the same, let me ask you if you are aware about a year and a half ago that this Commission made a concerted effort in two areas. Number one. --I hate to use it, because everybody laughs -but Reverend Graham came up with a program to encourage blacks within the Fire Department called Operation Hose. That didn't prove successful. Number two; this Commission directed the Manager at the time, Mr. Mel Reese, which he did. He went to the Spanish newspapers and to the Spanish radio stations, and to the Spanish television stations and made a concerted effort. It's a matter of record. Please come be a policeman in the City of Miami. You know how many we got? About three to five people. You know, that tells me something. They didn't have the interest, or they didn't want to be a policeman. I am going to call on you after all of this is over, because you are going to be a recruiter of one, to go out and get us Latin police officers, because I want to tell you something, my friend. This Commission was aware of the situation a year and a half ago, be- fore you came on the scene; we tried to do something about it, and we did it in the manner that we knew how, and I am telling you that it was no success; so don't say we didn't try. Mayor Ferre: You and Mr. Duran came here on a mission, and I want --even though I have had some strong words with you tonight -- I want you to know that I am in agreement basically with what you are trying to achieve, and that I am going to try my best to see that this happens. I may not be in agreement exactly with the implementation as you may envision it, but I think the end results hopefully will be the same. Mr. Alexandre: My feeling is that all four Commissioners and yourself are going to work in the same direction. I know you will try to do something to help in some way, and we will appre- ciate it. Mr. Plummer: Let me give you a little relief as you go out the door. A man is known by what he does; not by what he says. Right now, sir, right now, we have five openings. We are looking for five men. Let's see what you can produce. Mr. Alexandre: This is the reason I ask for higher salaries, because there is no way for somebody to come to work for the police for two hundred dollars a week; no way. Mr. Andrews: That is not a problem with the City. In the last three weeks, since the Commission asked it, we had eighty- three people get on the register for twenty-eight people that we are going to place in the cadet class in January . Mayor Ferre: How many of those are Latin and how many black? Mr. Andrews: I don't know at this stage. Mr. Plummer: But there are five openings now. Mr. Andrews: Yes, there are five more that can be filled, but we can't put them in class until the following month after January 7th. 12-13-73 155 Mr. Ferret Mr. Reboso says there were two Latins of the eighty-three. Mr. Plummer: What I am saying right now is, here's your chance to increase it by five, so let's see what you can do. Mr. Durant Before we leave I just want to make one thing clear, and that is this: The demands of the Latin police officers in no way precludes or denies the demands of anybody else. This is not an action against the black police officers. It has been reported that they intended to file an injunction. I want to make it clear that that is not the case under any circumstances. They have their own demands and the consider them to be legiti- mate demands, and you have afforded them, and rightly so, the right to make those demands public here today, and I want to thank you for that. George Adams, Miami Police Department: Mr. Plummer, you are right. No one was afforded the opportunity to take that promotional examination. The matter was deferred until later in the meeting. 12-13-73 156 • 31, MODEL CITIES -GUIDELINES RELATING TO CONSTRUCTION OP RESIDENTtAL UNITS Mr, Plummer: Mr. Mayor, May I offer something to forestall this off real quick -like. I went out and I think some other members of the Commission did, --I think Mr. Mayor there is a place for these type of homes in certain areas. And the two areas proposed on wild addresses that our building department gave me, ----where are they, anybody got a copy of them real quick, --here is what I am going to propose, and I think this might satisfy, I hate to believe I can satisfy everybody, but we will try. I am sure you are aware of the general locale that I am speaking of, okay. In the two addresses as they relate to 65th Street, I got to tell you Harold, that I think these houses that you are representing, are completely out of the picture. I don't think they fit in, I think these homes are selling somewhere in the neighborhood of 22 or 23,--- Mayor Ferre: That is correct, ---- Mr. Plummer: I went up to that place there, and I saw $60,000. homes. I think as it relates to 41st Street, address and I hate to say this, because I know that is in the County, but I say to you, I think in those particular areas, it was an upgrading. I have to tell you that. Here is my proposal and listen to it, both of you. I believe that this type of housing should be placed under what the City of Miami refers to as a conditional use, that is that each application stands on its own, when you come in this Commission will be the deciding factor, yes, it is allowable in that area, no, it is not. I believe Harold this is the only way, that this thing can be fair and equitable to everyone. That is my proposal, go ahead and shoot at it. Mr. Harold Rosen : If I may answer you Commissioner Plummer, I can appreciate the fact that you are trying to but you can't unfortunately in this instance. My people have built homes in many places in Miami including the places where we are talking about now, where you say in your opinion they should not be, but there is one thi:ig you must know, and I am sure you all realize this, that if a man owns a piece of property he should be able to do with it what he wants. Rev. Gibson: You know better than that. Mr. Harold Rosen : I know better, but I am talking about philosophically, a man owns a piece of property, he has to obey the laws. Mayor ?erre: You don't that way on Miami Beach. Mr. Plummer: Mr. Mayor, that is not a fair statement, he is here as a lawyer, Mr. Rosen: That is correct, but you have to remember one thing too, the people who own lots in this area, don't own large lots. This lot we are speaking of is 40/103 ft. A man is put on this earth to a couple of things. as I am sure the Reverend can bear me out, he is here to do what he can for himself and his family to make his children individuals and self supporting, that is the first thing. 157 12/13/73 Rev. Gibson: Not at the expense of other people, though. Mr. Rosen: That is correct. That was my second point Rev. Gibson, you predisposed me, and he is here to help other people, if he possibly can. Mrs. Athalie Range, and I aft sorry she is not here, stated in a newspaper article on Nov. 11, 1970, I am going to show it to you, and the entire commission, ----this is Miss Delores Harris, this woman here, who said this, she said this, --I have been hoping and praying and wishing to God that I could get into a 4 bedroom so I could stretch my family, and breathe and not be so crammed up. Athalie Range said this, I know it is an emotional issue, and I can appre- ciate it, --- Mayor Pierre: Mr. Rosen, we are not going to let anybody get out of hand. Mr. Rosen: I am sure they are not doing it believe me out of any malice. Athalie Range said this, and I am quoting a newspaper, and I hope it is correct, --'profits for the absentee landlords and misery for the residents' --what we are trying to do is make each individual a land- owner, a person owns his own home, so he can stand up and say I own a piece of property, --I built on it. This is my home. This particular lot we are talking about Commission Plummer, for the edification of the other commissioners, is 40x106 ft long. The house proposed would be approximately 24 ft wide and about 47 ft. long, which leaves a large back yard. It is not something that is going to take up the entire piece of property. It will be a place where a family can stretch its legs, such as Mrs. Harris says in the newspaper. They can build, ----a landowner if he wanted to grasp, to put two of these lots together and put up a multi family dwelling house, and what are you going to have, and what are you going to have, you are going to have apartments again. You are going to have apartments filled with kids again, that's got no place to stretch their feet. This is an opportunity.Commission, and Mrs. Gordon, for a person who owns a piece of land who acquires a piece of land, to put something up on this land, that will be his. Mayor Ferre: Mr. Rosen, how much longer are you going to talk? Mr. Rosen: I am trying to answer Mr. Plummer. What I am trying to say is this, this resolution was proposed I don't know by who, but the City Manager did not recommend it. He did not recommend this resolution, no. 2, I don't know if this proposal is correct, as to whether the Model Cities had the jurisdiction to administer this. The City of Miami, Dade County Building department, they are the ones to look over the plans, and they did. My man has a permit, --he had a permit tobuild, because he is obeying the laws, but if you put another agency in here to oversee the work, and that is what you are doing. Mr. Plummer: We can't do it. Mr. Rosen: I know you can't do it and that is why the resolution is wrong. Mayor Pierre: Let's hear from somebody else, then we will oome back to you. 12/13/73 158 Rev. Gibson: Let me say this for the benefit of Mr. Rosen. Mr. Rosen, I went out there and looked at that land, you know, I was mad when l left there. No way in the world► if that had been in an area other than where we live, would we have tolerated such a situation. I just as well tell you, and be honest with you, and you would not have wanted it in your area. I don't know what the county does, I am not on the commission of the county. But I am going to tell you something, if there is any way I could stop that whole shebang in the City of Miami I am going to stop it. Let me say it for the benefit of the Commission, ---I am on the Housing Board, H.U.D. Board,! was on a housing expedition in the Virgin Islands, to see modular housing, and let me tell you something, I hope the City of Miami will never, never yield to that kind of thing. I have received some calls, from white people who have done business with that company, and they aren't at all complimentary, I need to say that, and by the way I happen to notice some of you do business in the Bahamas, some of these companies. I want you to know how I feel and I'll tell you right in front, that those houses you said, well, they aren't $.60,000. houses. I don't know about all of them, the house you want to build, if that isn't $60,000. in this day and time i'll eat my hat. I'll tell you this, I want to warn this commission, you will be down grading from top to bottom that area to put any of modular houses in there. I am going to stop them. Mr. Rosen: May I reply? Rev. Gibson, we are not speaking of modular homes. We are speaking of aluminum homes. Let me give you some addresses if I may. We built homes, 1820 N.W. 53 Street, 6525 N.W. 26th, 1181 N.W. 61st, 1346 N.W. 56th St. 2450 N.W. 41st. 2420, etc. and you know what Reverend, never one complaint. And Reverend, further, the F.H.A. guarantees these mortgages for 30 years. A substantial down payment must be put on these homes. One other thing sir, these houses are inspected monthly by the factory to see for any defects. This is according to F.H.A. regulations, and according to the contract. You can't get a better deal than that. Rev. Gibson: Let me respond. I want to warn this Commission. ----you are talking about ghetto housing, and all of that, whether it is aluminum or modular. I want to tell this commission, I hope you will not perpetrate that kind of thing upon Black folk out there. I live, ----I've lived all my life where people come in and they do these things for those poor people. There is a man who has one of the finest homes I've seen anywhere. I think it is a shame and a disgrace to even be the I think our moral consciousness, ought to cause us not to even want to discuss it. Mr. Rosen: Mr. Gibson, hold it just a moment, Mayor Ferre: I decide here who talks, Mr. Rosen: He said something that is personal affront tome. Mayor Ferret: I am going to let you respond and then we are going to hear from somebody else. Mr. Rosen: Rev. Gibson, I am surprised and ashamed that you would sexy that you don't even want to discuss,because 5 12/13/73 you know, out of good honest faith► progress ensues. Let Me chow you some pictures. This is the home they propose to build. These are the types of homes. They are $24,000. four bedrooms and two baths, where a man and woman with a family can live. Mayor Ferre: All right Mr. Rosen, let's give somebody else a chance, and we will come back to this gentleman over here. Unidentified person: Mr. Rosen is making such a big thing that he want to put them in homes, ----we don't need Mr. Rosen to do that for us. We have Model Cities that can do it for us, and can put up the type of homes we want in the area.'What Mr. Rosen is predicting, is creating an instant slum. He is speaking about one lot, it is four lots on 66th Street beside my house, and four on 65th, and if he could tell you how many permits he has in his hands, ---it is more than one house he is planning to put there, and create an instant slum, and we do not want those types of houses in the area period. Mayor Ferre: Who else wants to speak on this? Unidentified Person: I want to rebut the aluminum house he is referring to, by showing you an exhibit of the aluminum house, which has a thin coat of aluminum and when you strike a match, I want to show this to you. Mr. Rosen: That is all modular housing sir, for the edification of these people. Mr. Plummer: Mr. Mayor, I am going to ask Mr. Mayor that you as the presiding officer of this meeting, preside. Let's have one person talk at a time, if not I am going to get up and walk out. I can't listen to more than one. Mayor Ferre: I will not permit anyone to talk, unless they address themselves to the Chair, and I recognize them. And if you talk, and I rule you out of order, and do that two or three times, I am just going to the whole thing will be over. Go ahead Mr. Neal Adams. Mr. Neal Adams: This shows you a close up, how cheaply they are made, stapled together. Don't even put a nail in it, this show you Mayor Ferre: Please speak into the mike, Mr. Adams, ---- Mr. Adams: Mr. Mayor we have seen all three kinds they claim they make, in this aluminum home. The ones that he is speaking about are the worst of all, for burning on the inside. They are of cheap material, it is the cheapest plywood I have ever seen, and makes it easy for them to explode. The one I saw burn so fast, the people didn't have time to grab the T.V. and run out. 14r. Irvin Kimmel: My name is Irvin Kimmel and I live at Miami. Beach. Mx. Plummer: What is your mailing address, sir. Nr, Irvin Kimmel: P.Q. Box 666, Miami, 33166. 160 12/13/73 • Mr. Kit+ nel: As far as lots are concerned, I live in a house that has a 50 ft lot, and my house takes up 40 ft. of the width, I have a 5 ft. setback. Next to me is another house with a 5 ft setback, we are 10 ft apart. I think that houses on my street are all comparable. The houses on the street I want to build on, they are not comparable. Most of the houses in that particular area, and since I have been here, for I think as many years as anybody in this room, were built in the middle 30's and most are wooden houses, they are up on stilts, and those that are left are in bad repair. There is one house on the block, ----one neighbor who lives in, ---and it is exceptionally good house. In order to build a house like that you would have to put at least 2 or 3 lots together. If you want to keep people front living in this area, fine. I don't know where you are going to get the people that can afford the houses he has. There are some that can possibly. I don't know how many. Mr. Plummer: Mr. Mayor may I ask a question of the gentleman? You manufacture and sell these homes? Mr. Kimmel: Correct, sir. Mr..Plummer: You are selling these units.You manufacture these units. How many of these units have you installed in Coral Gables? Mr. Kimmel: In Coral Gables, none. Mr. Plummer: How many in Miami Shores? Mr. Kimmel: None. Mr. Plummer: How many in Miami Beach? Mr. Kimmel: None. Mr. Plummer: Thank you sir,. Mr. Rosen: You think that is fair? Mr. Plummer: Mr. Rosen I am only trying to make a point, and please when you refer, to facts sir, I don't think anyone here has accused you or your company or like company, of crowding a lot. I don't think that even comes into contention, so I want you to know that, because I have told you, that in the area, the County I think they are appropriate, and that is why I proposed a conditioal use, this commission could reserve the right to say yes or no. Unidentified person: You mean in the City of Miami. Mr. Plummer: That is the only authority I have. Mr. Kimmel: In the areas you just talked a bout, the zoning ordinances are the one that control that. Nr. Plummer: That is what you are looking at right now, whether you realize it or not. Mr, Kimmel: Up to this point, we have not been looking at an ordinance that controls the zoning of this house. 161 12/13/73 Mr. Plummer: you have not read our book sir, --you had better be quiet while you are ahead. You have a good legal Counsel there, let hint talk for you. Mr. Rosen: Mr. Mayor, as I said before this is a very emotional issue. We are not trying to foist anything on any underprivileged people in any way. No. 1. Unidentified person: Not true. Mr. Rosen: No. 2,----you can debate that, I'll let you do it anytime you want. ----No. 2 these houses have been approved by your own city housing board. The Model Cities program in 1971 advocated, and we have a letter here, advocated, the building of these homes. Here is a letter here from Mr. Richard Love who is head of the Housing and Urban Dev. of Metropolitan Dade County. No. 3, the Federal Government, the FHA loan, they guarantee this house and the type of house Mr. Kimmel produces, a mortgage for 30 years. They aren't going to let some one come in with a trap, a fire trap, or any other kind of trap, these houses are inspected monthly by the factory. Mr. Plummer: Nobody on this commission has made that statement. Mayor Ferre: Mr. Plummer, I am going to apply your own request to yourself, let Mr. Rosen finish, Mr. Rosen, I want you to wind it up in the next couple of minutes so we let this gentleman talk, then I am going to give you one last crack at it, and then call the question. Mr. Rosen: I appreciate that. The houses that were built in the particular area, and I want you to remember this, there has never been one complaint from any person living them. What you have to understand is this , you have some pretty stringent housing laws, and everyone of these things, has been, ---thank you Mrs. Gordon for paying attention, ---- I really appreciate it, --there hasn't been one violation of any housing ordinance, in any way. And your authority here approved it. Thank you very much, Mr. Ferre. If I may have the opportunity to rebut this gentleman here, I'd appreciate it. Mr. Sheldon Dubler: Mr. Mayor, my name is Sheldon Dubler, I am one of the attorneys for the Model Cities legal services division. Mr. Jennings advised me in answer to the question you asked earlier, that in his block there are 6 or 7 very fine homes and he will be very badly hurt if these aluminum homes are permitted to be built. I have had a conversation with your Mr. Ferencik, of your building Department, who has prepared an ordinance, or resolution for the consideration of this council, in connection with Mayor Perre: Where is the resolution, Mr. Ferencik, Mr. Plummer: In the book, item 55,---- have you seen this Harvey. Mr. Dubler:----Model Cities is in favor of that resolution. We say, that whether you consider these houses Modular buildings or component buildings or whatever, that they are very cheap 162 12/13/73 ronatruetion, and despite what Mr. Harold Rosen says, the PRA Mould not grant a 30 year mortgage, if these were not very fine types of construction. Mr. Ferencik himself told Me that the FHA granted 30 year: mortgages on a group of houaee, not in the City of Miami but a little further out, that fell apart 10 years after they were built, even though they had 30 year mortgages, approved by FHA. Mayor Ferre: Mr. Lloyd was this prepared by theCity Attorney's office? Mr. Lloyd: No, this is the first time I've seen the resolution. Mayor Ferre: Would you look at it and read it over. Mr. Lloyd: I just read it your Honor, --- Mayor Ferre: Would you tell me your opinion on it. Mr. Lloyd: I would prefer we defer this item, so we can prepare something for the next meeting. Mayor Ferre: Is there a motion to defer this item till the City Atty can prepare a proper resolution. Mr. Plummer: Mr. Mayor. I don't think we have any choice. I am not a lawyer, but I don't think we have any choice. I make a motion we defer this item, till the following meeting to give the City Atty the opportunity to draft this form, in legal form, to come back before this commission on the 20th, Mayor Ferre: Is there a second Mr. Reboso: I second it, - Mayor Ferre: Before we vote on it, I want to make a statement that I am completely in agreement with the opinions expressed by Father Gibson, and I would like for the City Atty to try to prepare something, Mr. Lloyd: Will I be able Mr. Clerk to get that section of the minutes where Father Gibson expressed his thoughts. Mr. Plummer: How much clarification do you want, he don't want it, period. Mr. Kimmel: Mr. Mayor, may I have just another moment please, I'd like to talk about the type of construction, Mayor Ferre: We have done that already, Mr. Kimmel: They showed a picture, Mayor Ferret I am not going to allow any more discussion on any type of construction. We have a motion and a second, Call the roll on deferment, Thereupon the following motin was introduced by Mr. Plumper, who moved its adoption: 163 12/13/73 • • A MOTION TO DEFER TO DECEMBER 20 THE MATTER OP SETTING FORTH THE GUIDELINES RELATING TO THE CONSTRUCTION OP RESIDENTIAL UNITS IN THE MODEL C/TY AREA, AND INSTRUCTING THE CITY ATTORNEY TO RA -DRAFT THE RESOLUTION Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plumer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. Mr. Rosen: Mr. Ferre, Mr. Mayor, may I have the opportunity sir, of appearing here before this august body when this resolution is, Mayor Ferre: Yes, and you will be notified. Mr. Rosen: And I would suggest this too, that maybe Mr. Plutmner's comments at the outset be included in this resolution, as such, because I don't think that the Model Cities program has the authority nor the power nor the people to implement this type of resolution that they want at this time, and I would appreciate these things taken into consideration. Mrs. Gordon: Mr. Mayor, Mr. Piummer's idea of condition use attachment to this type of construction is worthy of consideration, and I think the Planning Dept. should take that under advisement. 32. PURCHASE PROPERTY FOR EXPANSION OF FT. DALLAS PARK: The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 73-968 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CON- DEMNATION PARCEL NO. 7093.A OF THE CITY OF MIAMI PORT DALLAS PARK EXPANSION PROJECT, AS DESCRIBED HEREIN, FOR THE SUM OF $187,925; AND ALLOCATING $193,000. FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EX- PENSES PERTINENT TO THE ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre; NOES: None. (Mre. Gordon. absent). Mr. Plummer: I want on the record, this is the recommendation of the Manager and City Attorney recommends this course of action. 1 164 12/13/73' • 33. POLICE DEP''T CIVIL SERVICE TESTING PROCEDURES (CON'1''b): The Commission again took up for consideration the matter of employing a consulting firm to recommend and implement testing procedures for entrance and promotional examinations in the Police Department, consideration of which was deferred earlier in the meeting. Captain E. B. Gunn: I am representing a committee of Captains and Lieutenants, the commanding officers of the City of Miami Police Department. As I stated earlier, and this is a matter of fact, the agreement entered into in the federal court case, reference Franklin Coheir, Plaintiff, versus the City of Miami, that the City of Miami Police Department, the Chief of Police, the organizations, did not have any input into this agreement that was entered into by the City Attorney, the City Manager and with the Plaintiff's attorney. We feel that because we did not have any input into this original agreement, that at this time there are certain parts of this agreement that we would like to have clarified by the federal court. We would like to cite, for example, that the City Attorney, on the basis of this agreement, has brought down to the Civil Service Board advise and steps to be followed. One of them is that the existing captains register will expire at the end of one year, based on this agreement; that each list will only go one year. What we are asking is that there are a number of points that we would like to have the judge re - clarify, and we ask, number one; that a resolution that the City Commission resolve to direct the City Attorney to petition the United States Federal District Court to re -open the partial final settlement consent decree dated September 19, 1973, for the purpose of hearing objections thereto and providing for clarifications thereof. Like I said before, copies of the con- sent decree were mailed only to the black police officers, where all police officers were vitally concerned about this matter. This involves the civil service rights of all the police officers. One of the points that needs to be clarified in the consent de- cree is where the Captain's register expire in April of 1973, may be extended, as has been the custom. The consent decree does not state when the examinations may be given, and the City Com- mission has up to twelve months to appoint an independent organi- zation --will that portion of the consent decree which limits registers prepared by the independent organizations to one year apply to the existing registers? And also the City Attorney did not come down with any ruling according to the original court order whether the sergeant's register, which has already been ex- tended by civil service, and is still in existence, whether this is valid in light of the consent decree; or whether it should have been terminated. Mr. Plummer: You are saying that you feel that the register, as it stands today, is terminated next April? Is that your feel- ing? Mr. Gunn: It's the City Attorney's feeling, sir. Mr. Plummer: Mr. City Attorney, as I understand this, there is an eighteen months implementation period from the final date, as I 'recall, of October 15, 1973. Is that correct? John Lloyd, City Attorney: I have the decree here before me. Let me double check to make sure. It's an eighteen months imple- mentation date an far as the black major is concerned. We are 165 12-13-73 actually taping about the implementation date for the testing agency, 2 believe. Mr. Andrews: Twelve months for the appointment of the --and eighteen months for the major, and three years and five years. Mr. Plummer: Are you telling me, then, that one year from October 15, 1973, that is the time that the tests must be given by this organization? Mr. Andrews: No; it's the time in which the City Commission has to have selected a firm to do this. Mr. Plummer: Didn't I also read in the court order that there would be no further exams given until given by this organization chosen? Mr. Andrews: That may be so, but they are not talking about giving exams. What they are talking about is existing registers run out, but you have to be careful; that doesn't say that in here. It says, in number five; the promotional registers listing those who passed the promotional examination as prepared by the inde- pendent organization, shall be valid for one year and cannot be extended, which could occur fifteen months from now. Mr. Plummer: But what I am getting to is this, Paul. It seems to me that the earliest which this register would expire, the present register, would be October the 15th, 1974. Mr. Lloyd: No; the register expires, according to the civil service rules, and I think what these gentlemen are talking about is the extension. Mr. Plummer: But what I am getting at is, what is prohibiting within the final order of the court, from extending this until October 15, 1974? I couldn't find anything in there prohibiting that. Mr. Lloyd: I must confess I haven't found anything in there either. I'll have to re-examine that opinion which we sent. Mr• Andrews: Maybe I can be helpful in stating this; that on the assumption that the City Manager is given the authority to administer over this matter, once you have selected a testing firm to give the tests, my interpretation of that administration is one in which the existing charter, ordinances, rules, including the civil service rules, where those matters have already been put in process, will follow their normal path until they end. Mr. Plummer: Paul, it seems logical to me that the existing register would continue on and exist until a new register by the court order is established. Mr. Andrews: That's what I am saying. Mr. Lloyd: That's not what the opinion says, though. 12-13-73 Mr. Plunnners That's not the point. The point is that we don't really get down to the legal point 1 re because the court order says that this man here -not the City Attorney, but this man -shall administer the court order. You have heard his in- terpretation. Mr. Andrews: And until someone challenges it and goes back to the court, after they have challenged that interpretation goes back to the court, and the court says, that's not what we intended, and clarifies that point, that's what I intend to do. Captain Gunn: Mr. Plummer, that's what we are asking here. And even the Chief of Police --and I can state just briefly here: this office concurs in the intention put forth in item four --- Mr. Plummer: Chuck, please. The court says this man will administer. This man is giving you his opinion. This is the boss; not the Police Chief. Nobody has challenged his so-called now ruling. it. Captain Gunn: Mr. Rothstein, the then City Attorney challenged Mr. Plummer: ffi is gone. Captain Gunn: I can appreciate that, but we may be stuck with his opinion. Mr. Plummer: What I am telling you is, you just heard the opinion of the man who the court order says is going to adminis- ter it. He has told you, and told me, for the record that this register as it stands today is going to exist until the new register is established. Captain Gunn: All right, sir; this we can see. But there are other points there, according to the Chief of Police. He says that there appear to be a number of areas in the partial final court order which need clarification, and this can best be done by petitioning the court for a hearing on these areas. Mr. Plummer: Wait a minute. We have already cleared up one point, right? Now what are your other points? Captain Gunn: Here it is. In an effort to be specific in matters that we feel need clarification we set forth as follows: Paragraph 2 of the partial final order reads: The City shall, within a reasonable time, but not more than twelve months from the date of the final determination, that's the final determina- tion of this case, this is only a partial, and the final determin- ation of this case has not been rendered, shall, within a reason- able time, but not more than twelve months from this date of final determination of this case, appoint an independent organiza- tion. In other words, to prepare entrance and promotional examinations for the City Police Department; to monitor the giv- ing of these examinations; to prepare a method for scoring exaeninations,.which includes giving weight to seniority, and to score these examinations. All such examinations shall be designed 12-13-73 167 to measure ability to perform these jobs being tested for, and in addition shall be so designed to have safeguards against any racial, cultural or ethnic basis. The independent organization shall be hired by the City Commission. The City Commission, prior to hiring an independent organization shall conduct a public hearing concerning the qualifications of the independent organiza- tion. The organization employed by the City shall be professional- ly competent to carry out the intent and purpose contained in this decree. The plaintiffs reserve the right to object to the de- fendant's selection of an agency where it is determined by the plaintiffs that the agency is unable to construct and administer tests, and partially, as evidenced by the agency's history, per- sonnel and methods. Whenever such objection is raised the court shall be the final arbitrator.. We would like to have this clarified by the court. Mr. Plummer: I don't think it needs to be. I am trying to make these points to keep everybody out of trouble. Captain Gunn: The question here is, can any person, after publication of test results, have the opportunity to validate the register as of now? So physically, can the tests be re -scored, and weight supplied to verify that the register is correct? This is one of the questions we want to ask the court to clarify. Two; is such validation to be performed by any agency other than the one selected, or both, or by City personnel? This is strictly to insure adherence to announced guidelines that minimize improper scoring, either intentional or accidental. Point C; did the court intend to set aside the provisions previously established for the proposed sergeant's examination, which is set to be held on or about April 4, 1974? which, of course, would create an unfair burden for those officers who have purchased books and other study aids, and have spent time in preparation for such examinations. Point D, that we want clarified; the provisions are being made for the Lieutenant's examination. Would the order eliminate the availability of such examinations until such time as an inde- pendent organization is hired to prepare the examination? You are given so many months after the final court order, and this is another point we are on; can the examination for Lieutenant be given now, legally? Mr. Andrews: Let me run through how I propose to handle this, so that I am fair to the Latin officers, to the black officers, to the captains and lieutenants, the other police of- ficers, and to those who are already studying for the sergeant's examination, and those who would like to study for the lieutenant's examination, and weighing all these things, this is what I had planned. That with the Commission's action today of passing a resolution so that I can negotiate with one of these firms to -- and the reason we are anxious to move ahead as rapidly as possible is because there are officers who have already been studying for the sergeantb exam in April, April 30th. Now, I am hopeful that we can get this firm so that they can come along and screen what we have already been doing, so tint they can establish that ser- geant's examination. If it means another month's delay because 12-13-73 • 168 there are new materials, or a slightly new approach, then these potential sergeants would know about it at the earliest possible date so that could be taken into consideration. we are going to give them every benefit of the doubt, because there are going to be Latin officers and black officers, and others taking that examination, so that they would be included. Insofar as the Lieutenant's examination, I would not propose that the Lieutenant's examination be started at all, or any announcement made until the agency has arrived and established that examination, so that everyone would start out on an equal basis. As far as the captain's, if there is a need for a captain's examination, it would be held on the same basis, only after the Civil Service Board had exer- cised its rights to either terminate or extend that, as they have done in the past; the existing captain's --and then after they have done that, if they decide to terminate it, then new captain's examinations will be established by the, through the selection of the firm that we get to consult with us. Now, I want to make sure that everyone understands that the process I wanted to use with the City Commission was that, after they had given me the author- ity to negotiate, and I select one of these firms, I will have a team of those people here at a public hearing --the Commission will call it --and all of you will be invited --and I am in hopes that the Commission would permit at that time you and everyone else to exhaust all your questions as to the capability of the consulting firm to carry out that which is required in the court order. I am hoping that they will be here in January. I had hoped to have them here by the 20th, but that's impossible, so now it looks like the loth of January. Reverend Gibson: I want to ask a v uestion. I am concerned that we are here arguing away rights and privileges, and the sub- ject that must be satisfied by that court is not here. Let us not forget that I have been through this part of my life. Those black officers should be represented over there at that mike, be- cause when this is all over, remember, they have to be satisfied, and you ought to be here talking together. Mr. Andrews: Yes, sir; that's what we planned. Reverend Gibson: I don't hear what you say. I am saying that, since they are the aggrieved party --and I want everybody to understand that the aggrieved party, according to the law, has to be satisfied based on the decree of the court. I went to law school just one day, which doesn't make me a lawyer, but it sure makes me sensitive of what it's all about. I would feel far more comfortable if the lawyer representing those men were standing at that podium so that anything we arrive at is under- stood, because if they don't like what you say here they have a right to go to court. And let me say this, my brother; I understand your anguish,but I want you to understand my anguish. All these years, you know, I wasn't in the ball game, you under- stand? So, now that the court put them in the ball game, I want you to give them tender, loving care, and have them standing there; and Mr. Mayor and members of the Commission, I hope that no future negotiations go on on this case unless those men are represented there. They don't have to be in person, but those 12-13-73 169 people's lawyer ought to he there. If you don't do that, then all you are doing is we are agreeing over here, and these people are not being protected. Mr. Andrews: In fact, I was hoping the Commission would carry that one step further --- Mayor Perre: Before you say that Z want to make a statement. I am awfully glad that Father Gibson only had one day of law school, or we would be in real trouble around here. You learned an awful lot in one day. Mr. Andrews: What I wanted to say was that --and perhaps I am not explaining this as well as I should, because that's ex- actly the intention. In fact, I hope the Commission will turn to that lawyer you are speaking of and say, are you satisfied with what we are doing, and get a commitment from him and from these people and from the Latin officers, and everyone concerned, and thrash this out here so that once we get under way we are all on a uniform basis and we understand. Reverend Gibson: I hope that in our language we understand that the court order --and counsel, just remember I said I went to law school one day --the court order does not say anything about the Latins. The court order says, those blacks must be satisfied. Don't let's tie the two together and get the whole water muddied. I understand my Latin brothers' problem. I understand where you are coming from, but I don't want us to sit up here talking about my Latin brothers in this case. If you want to go back to the court and say, I want to be party plaintiff -- I think that's the term they use --fine, but I want to make sure that as I vote, having lived with this thing all these years, that I don't vote wrong. I want that lawyer there, and I want my Latin brothers to understand that the order of the court for all intents and purposes you don't have to be satisfied; that the black brothers have to be satisfied by the order of the court. Now please understand also; I want you to share in the bounty, you know what I mean, but I don't want you to get the idea that you are the bounty. Mayor Ferre: Father, that's fine, and I agree, but I think that we have to satisfy the rights, and what is just and right, for every group, the blacks --but we also have to do it for the Lieutenants and the Captains; we also have to do it for the Latins, and we have to do it for everybody in the Police Department. I am not arguing with you; I understand what you are saying. Reverend Gibson: I just want everybody to understand now that you have a court order. I was involved in the integration suit with the County. That suit still is the rule of thumb in law for this county. Isn't that right, Mr. Lloyd? Mr. Lloyd: Right. Reverend Gibson: A11 I am saying is, let's make sure we separate the two, so that as we go down the pike we are not caught up. The court order says these men went to court; these are the aggrieved parties; these parties must be satisfied. Now, Mr, Mayor, I want to agree with you. As we administer here, I want to be fair and equitable to all, but I want my Latin brothers to understand the priorities. 170 12-13-73 Mr. Plummer: i am glad to hear you and Father Gibson, representing a majority of this community, speak your piece, but Father Gibson has always included in everything he has said -- and I commend him for it --that we are fair to everyone. Now, you know, whether we like it or we don't, this court order is setting a precedent. What I want to open into now, to the City Attorney and to the City Manager --you know, we have got more than one department. We have got a Sanitation Department; we have got a Fire Department; we have got a Parks and Recreation Depart- ment, and we have got all kinds of departments in this city. Now,un- fortunately this order of the court only addresses itself to that segment as it applies to the Police Department. The thing that just frightens me to no end --and I say that with reservations --is that it is precedent setting. This same rule, I think, applies to the other departments as well as it applies to the Police Department. Mayor Ferre: Well, where is the can of worms? Mr. Plummer: The can of worms is, Mr. Mayor, I think this Commission had better address itself to the fact that it is the case. What we are in fact doing is we are only answering the court order which directs itself to one. Mayor Ferre: No we are not. This is just the beginning, as you said. This is a long path. We are going all the way to Rome on this one, but we have to take the first step; and we are taking one step, and there are about five hundred steps beyond this one. Mr. Plummer: You know, Mr. Mayor, Rome wasn't built in a day, but it was destroyed in one; and this is the one point that I am trying to bring home to you and to my fellow Commissioners is that we had better start addressing ourselves right now --- Mayor Ferre: To the reality of the situation. Mr. Plummer: To the reality; to the broad scope of the picture rather than the microscopic study that we are all looking at. Mayor Ferre: I am pretty sure we are all doing that. Mr. Plummer: Well, I hope you are right, because Mr. Mayor, it took the Law Department a long time in this litigation, over a year, right? Mr. Andrews: Over two years. Mr. Plummer: Now, I sure hope that we are not going to be faced with this situation handling it on an individual, departmental basis, because you know that's the Police Department, but I think in the Sanitation we would find that it is about sixty per cent black; am I right? Now, this'is what I am trying to say to you: This court order has put us under certain mandatory things that we must do, and I guess really what I am trying to say to you, Mr. Mayor, is this: We haven't heard the end of this particular microscopic study, because, whether it is true or not, there is a rumor that we are faced next week with the women coming forth -- and don't laugh about it. The women, I understand, are organizing to come through. I understand that all the rest of the segments are. Now these are things we had better address ourselves to. 12-13-73 171 i • Mayor Ferret My good friend, J. L. Plummer, let me tell you something. Ws live in a brand new world, and it has got nothing to do with Latins or Cubans, or blanks, or anything else. We live in a world where the Supreme Court of the United States is changing things left and right. Just two days ago they changed another thing which is going to affect all you guys. I think this one happens to be a good one, personally, but we have had some in the past which have affected us badly. Mrs. Gordon: What is that? Mayor Ferre: On the:search and frisk. Mr. Plummer: Search after arrest. Mayor Ferre: But these things --every time the Supreme Court does these things, it opens up, as you put it,.another can of worms. Now, listen, we just happen to live in that kind of a world. we all moralize about whether it is good or bad. Some people don't like it; others do. I happen to be one that thinks this is the greatest country in the world, and that we are going in the greatest direction, and that things somehow, some way, have a way of working themselves out --and you get these people who go to the extremes, and then pretty soon you start seeing it swing back --and you know we see it pretty vividly in our own community. And the great thing about our country is that we are able to swing back to the middle ground and progress; we move forward. Now I know --I can just see Roxcy Bolton standing right there, with fifty women screaming at us --would you believe me that the other day a group of them came to see me and told me that in the Fire Department they were going to demand women. I said, look, don't come telling me that a woman can take an axe, or climb a ladder, you know. She said, I came prepared for you. She had all these statistics about how women could climb up a ladder at such a speed, and weild an axe --- Mr. Plummer: Don't laugh; we have already had, Chief, an application. in, am I correct, for a woman fireman? She put in an application, so don't laugh. Mayor Ferre: I am not laughing. I am telling you that this is a new world, man, and you had better start getting used to it. I am just telling you that a lot of new things are going to be happening; not only in Miami but all over the United States. I am not moralizing here; I am just telling you that you better hold on, man, because it's coming, and we had better be prepared for it; and you are not going to solve it in one day, or a month, or a year. Mr. Andrews and I have talked about it. He knows. You say that this is all new. There isn't anybody more aware of this than Paul Andrews. He knows what is coming, and we are just going to have to handle it and deal with it a step at a time. The City of Miami isn't going to go down the drain. We are not going to be destroyed. DDthing is going to happen. We are going to be moving along, progressing, improving, and so on. Captain Gunn: To the Reverend Gibson; this is not a black and white issue, sir. What we are asking for is fairness. Take the black and white out of it. We supported Leroy Smith being 172 12-13-73 promoted to Major. This is our second item. We are trying to take this step by step. The first is --the Chief of Police has askedithat there are portions of the final order which need carification--and we read some of them -rand Mr. Andrews gave us indicatiof that he felt there were some parts of the final partial court order that need clarification. Not to go back and change; to take anything away from the black officers. Mr. Plummer: Well, Chuck, if he asked for clarifications, why didn't he ask his boss, who is the man that the court order says will administer? Captain Gunn: He was there. Mr. Plummer: Well, Mr. Boss, how come you didn't give him the answer. Mr. Andrews: I don't understand. Mr. Plummer: If he is saying to me that Garmire has said that there are points that need clarification, why didn't he ask you? Mr. Andrews: Mr. Garmire, as are these officers, are en- titled to their opinion. I am not necessarily in agreement with that. I understand that they have apprehensions, and I told them that when they came before the Commission and explained these, if the Commission found there was sufficient apprehension in this, that I would support them and recommend to the Commission that the City Attorney go back to the court for clarification. But I am trying to tell you my interpretation of this, which to me sounds good, and is sound, that they are protected; t h e Latin officers are protected; the black officers are treated as they are supposed to be treated under the court order; and I think that we run an extreme danger in going back to the court, in my judgment. We are liable to get some opinions from the court that are going to be far more restrictive than the ones that I have set down as my interpretation of this. Reverend Gibson: I don't want you to misunderstand what i am saying. I think of all the people in this community I have proven my ability to negotiate. What I am saying to you is remember the people who have a right to be satisfied under the court order are those black policemen. I would feel better --and that isn't a case of black and white --if they were white and they had a court order. Ask anybody; ask the City Attorney. All I am saying is that we would be much better off --just like you are raising the question here --if they were here, so that we could jointly have an interpretation and agree, so that tomorrow they don't go asking for another opinion and hold up th3 process and get you all worried, we will all go out of here understanding that this is the interpretation and we accept it, and maybe they don't get all they want; what I want us to do is to realize that whether we like it or not, we have got to live here together, man, and we have got to move this thing on, and just like the Mayor said, and 7. L. has been saying; it's just the Police Department today, and I don't want any of these other departments to think that they are free of ail of these questions being raised, and I would like it if they would --ewe ought to do what we are going to do today -- in the future have thew here so that they could all agree. 12-13-73 173 Captain Gunn: I can offer you a possible solution. I am speaking of the police officers of the City of Miami. I am not an attorney. Adam here is a police officer. He can stand at that podium and say anything counter to what 1 am saying. He is right here. He can get up and speak his piece. Reverend Gibson: I don't want to do it that way. Let me say --you see, gentlemen, you are not under a court order. Captain Gunn: We are, sir. Reverend Gibson: No, No, No; the City of Miami. Captain Gunn: We are employees of the City of Miami, sir; have been nineteen or twenty years. We are very much concerned and are under the court order. Reverend Gibson: I didn't say you aren't concerned. I am saying the court didn't mandate you; the court mandated the City, and if the City doesn't do it the court will take the city to task, and all I am saying is that it would be much better --and you may not want to indulge this, but I think you would be better off --- Mayor Ferre: We are on a merry-go-round now, so let's see if we can get off the merry-go-round, and I am going to recognize Mr. John Lloyd now. Mr. Lloyd: Mr. Mayor and members of the Commission, I wonder if it might be appropos if, before we proceeded in the manner suggested by the Captains, that these matters which they have and which Chief Garmire wishes to be clarified be submitted first to us and we will get out an interpretation within the next few days before the matter is decided. Mr. Plummer: No, because the federal court order doesn't say that he is going to interpret. It says he is going to administer and that's where you get your interpretation. • Mayor Ferre: That's not the point. The point is that there are serious questions that need a legal interpretation. tion. Mr. Plummer: Then let him go to you and get the interpreta- Mayor Ferre: That's what he is saying. Mr.Lloyd: That's what I am saying. Captain Gunn: Chief Garmire goes to the City Manager, and the City Manager then goes to the City Attorney. Mr. Plummer: What I am saying is before you go and ask for a legal opinion, as someone did before --somebody has already asked for a legal opinion, which I have shown you already is wrong--- 12-13-73 174 Captain Gunn: Sir, the Civil Service Board asked for this. Mr. Plummer* OK; they shouldn't have done it. They should have asked Mr. Andrews, who the court order says shall administer; ask hire for an interpretation. If he can't answer it, he has access to the City Attorney: but he is the man that the court order says shall be the boss. Mayor Ferre: So we are saying the same thing over and over again now. Mr. Plummer: No, sir; we are not; we are trying to show you where you are wrong. Mayor Ferre: The point is that there are questions here that are legal in nature. Now, we can do one of two things. They can go to court; they have a right to do that. Or they can come to Mr. Andrews, and request a legal interpretation of the City Counsel, and we will take it from there. Mr. Plummer: What I am saying is the Civil Service Board didn't follow that procedure before. They went straight to the City Attorney for an interpretation, and now Mr. Paul Andrews disagrees with that interpretation, and the court order says he is the man who is going to adminster it; so unless somebody, as he says, challenges him, that's the way it's going to be. Captain Gunn: Let's pass over that. I have a couple more. Mayor Ferre: No; let's not pass over it. Let's get it set- tled. Are we going to leave it this way? Captain Gunn: There is need for further clarification. Mr. Plummer: On what point? Captain Gunn: I have read you a number, sir. What we have asked for is for the Commission to pass by a resolution a --directing the City Attorney to go back before the court, and Mr. Andrews has expressed his opinion on it. Mayor Ferre: Before we bring that to a head, I would like to request, through Mr. Andrews, that you get into the legality of all these things, and then came back to us, and then this will be before the Commission on the 20th of December. That leaves this question in your hands, and through you in his hands. Captain Gunn: The number two item that he has here is that the City Commission resolve that any promotions to the rank of major --or pass a resolution of policy; that's what we are asking -- that the City Commission resolve that any promotions to the rank of major be made from the ranks of lieutenant or captain, and that any promotions to the rank of assistrit chief be made from the rank of captain. This is an existing departmental rule that is by the City Manager. Mr. Plummer: We a departmental rule, which with the wipe of a pen can be knocked out, tomorrow, and which we have no con- troL. OV*r. He has a very valid point. 175 12-13-73 Captain Gunn: All we are asking is that the Commission es- tablish a policy to the City Manager that in future promotions the rule be followed; that this be a policy of the Commission. Mayor Ferre: Let's talk out loud, so everybody can hear. Mr. Planter: My point was that they make a very valid point, and he didn't want me to talk out loud because he says I am on thin ice. A11 I am saying to you is that if that has to be es- tablished through the Civil Service Rules, as the Legal Department is bringing out, then establish it; OK. I think it is a very valid point. What we are saying in so many words, Chuck, is that this Commission does not have that authority. We can instigate the action through the Civil Service Board as the proper procedure. Is that what you are telling me? Captain Gunn: He is saying that we can set policy and we certainly can. Mr. Lloyd: The point is the policy as to how you feel would do nothing except to put on the record that this is how you feel about it, and the appropriate authorities could still wipe that out with the stroke of a pen regardless of the policy. Mr. Plummer: Now you are getting on thin ice, because you come back to the old zinger, and the thin ice that you and Mr. Andrews would be traveling then is if you broke the policy of this Commission we are looking for a new City Manager and a new City Attorney. Mr. Andrews: The question is really moot, because the ques- tion they haven't raised, and which I stated already, and they should ask it of me in writing, and I'll answer it in writing, how am 1 interpreting this as far as the promotability of someone from the ranks to become a major, and my response would be that I am going to follow the existing rules and regulations that they have been following all these years. Captain Gunn: Let me tell you what our concern is. The Chief has specifically said that he wants this rule abolished. Mr. Andrews: And I have told the Chief that I am not going to change it. Captain Gunn: I know, sir, but this is of great concern to us. Mr. Ferre: Now it's my turn to make my little speech. Throughout the history of the most democratic country in the world, which is Great Britain, there has always been, or there always was, in the development of the English democracy, the different factions that went between the people, the Parliament and the King, and we have a similar situation here. It is different players, but it's the same problem --and the Ministers of the King. Now, what we are saying here --and this is where I think you have got to take this into consideration --is that this man, the Manager, has gone on record making a statement. The only thing that you can do is to call him a liar, or not accept his word, because for you to come before the Commission and ask for statement of policy is to, in effect, tell him that you don't 12-13-73 176 think his word is any good, or that he is subject to changing his word on no notice; and what t am telling you is that I think that my Manager is an OK guy, and t think that my Manager is an honest man who is not going to tell you one thing for another. Now for this Commission to pass a policy and say, not only are we going to listen from you but we are going to pass a policy to see that you don't change your mind is like questioning what he just said. Mrs. Gordon: I don't see any harm in us doing it, and if it gives these fine gentlemen the assurance that we are in accord; we believe in it --we know we can trust Mr. Andrews, and they do too --I don't see any harm in it. Let's do it. Mr. Ferre: Mr. Andrews, let me ask you on the record, very specifically, on Roman Numeral number Il--and I'll read it --that the City Commission resolve that any future promotions to the rank of major be made from the rank of lieutenant or captain; that any future promotions to the rank of assistant chief be made from the rank of captain. Do you believe in that? Mr. Andrews: May I ask one question, because I don't have the rules and regulations before me. Is this a copy of the rules and regulations? Captain Gunn: Yes, basically; it follows that --- Mr. Andrews: Well, is it the rules and regulations, because that's what I am going to follow? Captain Gunn: Yes, sir. Mr. Andrews: ,The printed rules and regulations that are adopted by the Civil Service Board is what I intend to follow. Captain•Gunn: Yes, sir; it is. Mr. Plummer: No; that's the Police Departmental Rules. Captain Gunn: Those are the Departmental Rules and not the Civil Service Rules, but are a part of the Civil Service Rules as provided within the Civil Service Rules. Mr. Plummer.: Except for the fact that as it addresses itself from the Civil Service Rules there is nothing to prevent the Chief from doing otherwise. Am I right or wrong? Robert Paulk: Yes; he must abide by the rules that are adopt- ed by the Civil Service Board and the City Manager. Mr. Plummer: Except he can abolish that rule tomorrow. Mr. Lloyd: No. I must interject here. I defer to you on the exact knowledge of the rules, but is it not correct that once the departmental rule has been established, before it may be abolished by the Manager it must be reviewed by the Civil Service Board. Mr. Paulk: Yes, sir. Any amendments to to departmental rules must follow the same procedure, just as Civil Service Rules +cannot be in effect unt.l this body--- 12-13-73 177 Mrs PlumMert Let me tell ydu real quick like --and I back-up the ) liayorthis man has gone on record, it is a smatter of public record, and he is the boss, and he is going to play the game -- Mayor Ferret Give him a copy of the tape so that he can put it in a safe someplace. Captain Gunn: I want to say that we trust City Manager Andrews implicitly; there is no question about that, and I don't want it to even be construed that way. Reverend Gibson: Even if you didn't trust him, we will treat this matter like we did when --was it a lieutenant that came here? The Chief had a rule that before you could do this or that you have to go before the committee. I want to promise you gentlemen that if I am here you can be assured that I am going to remember what was said, and all you have got to do is say, Father Gibson, do you remember that? I am going to see, let me see the record, if I have any doubts. Sergeant Zenoz: I realize that they go before me, and that my business follows theirs, but I would, if I may, I'd like to put my two cents' worth in. I realize that I am not a lawyer. I think if I am an expert, which I am not, being a sergeant, but I think that the thing that you are referring here you are doing at the spur of the moment without hearing any legal advice or any other comments. You are trying to introduce here --Captain Gunn is trying to introduce here a motion, and the City Manager is saying that there is no need to because he interprets this motion already in effect, and we are referring about a major. I think that the Chief of Police, the President of the United States, the Mayor of a city or the Governor of a state has the right to pick certain people to head different departments. If you do away with the right of picking a major, then you are only leaving two positions open to him, and those two are assistant chiefs of police. I cer- tainly would hate to be head of any company, or chief, or what- ever, and only have two choices where I could take men that I trust to guide that company or this Police Department. What I am saying is that I think the Chief of Police should have the lati- tude to be able to hand pick; not from a lieutenant or a captain, but from any member within the Police Department, the people that he trusts, and the people that he thinks are qualified to head a certain division or section of the department. Mr. Plummer: Then you don't concur with the incentive pro- gram of civil service? Sergeant Zenoz: I do concur with civil service, because I think my job actually depends on it. If it wasn't for civil ser- vice tomorrow I could be fired, and you and I know very well this point, but to say that civil service is the only bible that we should go on, in my opinion, is wrong. I think that leading authorities in the United States --and I can go back to 1966 to the President Johnson's Crime Commission --and that book is quite lengby, and also written by many authorities in the United States -- have indicated many of the things that are pertinent now with this court order, and we knew --at least Reverend Gibson by one day of going to law school known --that that court order refers to black police officers in the City of Miami, and I think that the gentleman here to my left, the civil service expert, knows that that federal court order has already done away with one, or perhaps mom this that were in our civil service; just one federal court 178 12-13-73 order decision Which sets a precedent has said that from now on the City of Mardi Civil Service no longer will be able to give ekatnination teats for recrUitment and promotion. Mr. Plummer: That isn't the way I read it, sir. I read_ that they will only be involved for a period of five years--- . Sergeant Zenoz: Yes, sir, that's exactly what I am talking about. For five years that Civil Service Rules and regulations that has existed for I don't know how many years has been done away with for five years. Mr. Plummer: Do I understand correctly; one test, and then from then on they monitor. Is that correct? Mr. Andrews: No; they continue giving the examination for a longer period of time than that; three years. Then the monitor for two. Mr. Plummer: May I ask this point? I really don't even know where a basis for argument comes from, because really you have been going on some assumptions that really are not there. Now, what I would like to see you dq personally, --and I say this in all fairness --take your questions that you feel need clarifi- cation, surrender them to the City Manager, who I very strongly made the point that the court order says is the boss; then once he has answered you, if you take exceptions to his answers, then we can go and we have a point to argue from. Now in two cases out of some of the points that you have already made, the City Manager has told you how it is going to be. I think that you all would be better off; we would be better off; the City Manager would be better off, if you reduce ten questions, if that's what you have, to writing; give them to him; let him answer them and be back here on the 20th; you come back on the 20th, and if you don't agree with his answers then we have got a point to argue from. Do you follow what I am saying? Captain Gunn: We will do that, Mr. Plummer. In fact, we would have done that earlier had the Police Department, or any- one else in the department, known about the court order before it was too late to file any objections, or give alternatives. Mr. Plummer: Well, Jim, you can talk about that all night, but let me tell you something, my friend: Maybe I am talking against you now and I ought to keep my mouth shut, but let me tell you the facts of life. The facts of life are that one of the orders of the court was that seven hundred and seventy lines which appeared in The Miami Herald in toto, I think was the wording of the court order --and I read it in there before I got a copy of it here; I read it in the Herald --and it gave a date of October 15th as being the final time to object. That was published in the Herald; everybody had the same opportunity to see that ad; to know it appeared, and to place their objections; and to my knowledge there were no objections filed. So you had the same opportunity that everyone else did. captain Gunn: This in true, had we read it in the paper, but we didn't. Mr. Ferrets Jim, you are opening up a whole --you know when this thing began to settle down, you and J. L. Plummer stirred it all. up again. You started off real good, and the point --I 179 12-13-73 hope we can just forget about that last part and get back to what you said originally, which is the only way, I think, that we can go here, and that is, put it in Paul Andrews' hands. Captain Gunn: We agree with that, but I thought we would go on to the second one now. Mayor Perre: Jim, listen, I have been here fourteen hours now. I don't mind staying another couple of hours, but I don't think that it is going to be any more productive than it has been for the last fifty-eight minutes. Captain Gunn: We have got a couple of more things here. We would like to have it resolved by the Commission that prior to entering into any agreement which affects the career opportunities of the police officers of the City of Miami that all interested parties have a genuine opportunity to be allowed to express their objections or concurrences at a public hearing. Now, this was not allowed to us in the original negotiations. We feel that we are part of the City and going to be here for many years, and we would like that something like this not happen in the future, and I think the City Commission would be in order stating that in the future these things would be. Mayor Ferre: Captain, the Manager has already made a state- ment to that effect. You want him to repeat it. Mr. Andrews: I will not only repeat it, but I want to ex- pand upon it just very briefly, and that is, in addition to hav- ing the consultant here so that they can have their input and ask their questions, I have proposed --and you will see this in the agreement with that consultant --that that consultant, prior to doing anything, prior to establishing any examinations or doing anything, would have to make contact and receive informa- tion from these various groups, the Latins, the blacks, the lieutenants and captains, so that they would have the benefit of all the thinking of the people in the Police Department. We have got all these people, both Latin, black and lieutenants and cap- tains, who are devoting their lives to the Police Department; and I don't know what else we need to say. Mayor Ferre: All I can say is ditto to what I said before in about five minutes. Reverend Gibson: Captain, I'll tell you, you really con- vinced me; you don't have any problem. Captain Gunn: We haven't gotten a thing. I have got the City Manager's word; I trust him; he is absolute; I have got the City Commission's feelings on it, and I hope the City Manager stays here for many years to come. As a matter of procedure now, Mr. Mayor, we are to outline to the Manager, through the Chief, the questions that we have concerning the partial decree, and we will go from there, I guess, to the City *ttorney--- Mr. Plummer: Wait a minute. Mr. Andrews, let's get to this point, because we are throwing one more delay in it. Do these gentlemen, as they represent a group of thirty-two men, is it required that they go through the Chief to surrender these quteatione to you. Mr. Andrews: No; 1 don't think so. I think the Chief would 180 12-13-73 honor the fact tiitt you as a group are concerned, are dealing with me because of your protnotabiity, Mayor Ferret No, because the court says so, they are dealing with you, because the court said and that you the register --- That's why so. Captain Gunn: The rule in the Department says that ire ha••Q to do this. Mr. Plummer: That's why I brought the point up. 1 hope that as a matter of courtesy that you will afford the Chief of Police a copy of the questions that you are giving to the City Manager. I think it's only fair. Mr. Andrews: I would not meet --if I ever met with you I'd have the Chief there. If you sent me questions to answer, and I answered them I would send him a copy, and I would expect you to do the same thing. Mr. Plummer: it then becomes a (This in response Mayor Ferret about it and gave document. Once he has surrendered it to the City Manager public record, and you should have a copy of it. to an inaudible question from the audience) No, it's more than that. Once he talked the Commission this document, this is a public Lt. Harms: I do have some comments to make to the Commission. I have spent some seven and a half hours listening, and I would like your indulgence for the next two minutes, even though I may speak on certain points that have been addressed in the last hour. I am going to read, if I may, from a prepared statement that will take me approximately a minute and a half, and I'll be glad at that time to respond to questions on that. The current captain's register will have been in existence for a year in April of 1974. According to the City Attorney's office the existing agreement between the City of Miami and plaintiff, Franklin Cohen, et al precludes the Civil Service Board from extending this register for one year, as has been done for the past twenty years or more. There have been some strong indicators that some of the existing captain positions will be abolished between now and April of '74 or '75, depending on the term of the register. This action could conceivably be viewed as a subterfuge to enable the by- passing of lieutenants on the existing captain's register. These positions, according to fact and rumor, would be abolished by the City Manager on the Chief of Police's recommendation as they become vacant through retirement, etcetera. We would like to point out that the past three captain's registers --and I stand corrected on this, because it's four or more --were exhausted through promotion. Additionally the department is now expected to experience a period of growth in foreign personnel, which points to the need for more, not less, captains. One of the in- dicators eluded to earlier is indicated in part by Chief Garmire's comment to representatives of the commanding officers' group in his office on December 12th, 1973. In part the Chief expressed his desire for selectional procedures to include his choice of one in four from the top of the eligibility register. He went on to say that bemuse he does not have a choice he would be par- ticularly concerned, as only three of the lieutenants on the 12-13-73 181 existing captain's register would be acceptable to him, and these were in a position on the register which make them unavailable to him under the existing guidelines. A casual observer to this scenario, and certainly those involved more personally, might conclude that these positions might, in fact, be abolished to enable the by-passing of some, or all, of the lieutenants on the current register, only to be re-established at a later time when the list is more compatible. We feel the positions should not be abolished in this fashion. Should the administration feel certain positions need to be abolished, a timely statement should be made to this effect, well in advance of the promotional examination and resulting register which will be affected. Also, these posi- tions should be abolished from several registers rather than one. It would be extremely deleterious to the morale of those officers affected, and to the department in general, to abolish all of these positions from a single register. Members on the current register have, to my own personal knowledge, expended up to ten months, and twelve to fourteen hundred hours per man, in exam preparation, preparing for a register from which no one may be promoted. In summation, there is an urgent need for clarifica- tion of the aforementioned partial final court order from the Federal District Court. Additionally, tlwe is a need within the administrative levels of the Police Department to clarify in specific terms promotional procedures as they may be influenced by the abolishment of the classified positions. Finally, we feel a clear-cut need has been expressed that all of the rights and privileges granted to the plaintiff by the court order, or the court agreement, be given to other City employees, including the group we represent; by resolution insofar as it may be within your power to do so. Now, some of these points were given to Mr. Andrews during the past week when we had a meeting with him. I, for one, as a representative of the group, was extremely impressed by Mr. Andrews' sincerety. However, at that time I addressed a two -fold question to him. One; it dealt with what positions they anticipated abolishing between now and April of '74, and what these positions were. Mr. Andrews, in turn, directed this ques- tion to the Chief, and I am unable at this time to state exactly what the Chief said. My interpretation at that time was that the Chief would respond in writing, but I think at a subsequent dis- cussion in Mr. Andrews' office might preclude his responding to the question that I put before the Commission and Mr. Andrews in terms of what positions do they anticipate abolishing. In fact, and just to bring the Commission up to date, I have competed in four promotional examinations, the last two of which have been Captain and Lieutenant, and spent up to twelve hundred hours per exam for exam preparation. In order to do this I had to take this twelve hundred hours from my family and from my schooling, and from my friends. I don't begrudge this time if there is a pos- sibility that as a result of these individual efforts, I will in fact reap some of the rewards that have traditionally been laid before us. I would like to point out that if these factors are known prior to exam time, then I as a participant in examinations am certainly entitled to have reasonable answers to these questions. I believe, Mr. Andrews, that you will certainly agree. However, I am still not clear in my own mind what your policy and what the Chief's policy will be as it pertains to the existing registers and some half a dozen positions that it is rumored will be abolish- ed, perhaps in the next year. 12-13-73 182 Mr. Plumm rt Well, the Chief has already answered that. Let me read to you trbm his answers to the Mayor:— Lt. Harms: This hopefully will be enlightening, because many of the communications that we may discuss we have not been privy to, and we are asking for this right. Mr. Plummer: Let's give you the answer you are Looking for. I don't want to read it all, and if you will take the synopsis--- Lt. Harms: I certainly will. Mr. Plummer: The, at present there are six majors and sixteen captains. Lt. Harms: Seven majors and sixteen captains; one captain down from last year. Mr. Plummer: Well, seven majors as of yesterday. I am sure he wrote this before --OK. He says in here that this number of sixteen is too high, and that he is going to cut it down in the number of captains from sixteen to eleven. • Lt. Harms: OK; this is fine. Now this is the first indica- tion that I have had specifically that it will be cut, and if this was the thought of the Chief at the date back in time --I think it is extremely important that these things be pointed out before people such as myself invest eight months in time towards a pro- motional list from which no one may be promoted. I think it is only fair to tell us what the rules are before we play the game and not after the fact, and I respectfully direct these comments to your attention. Mr. Plummer: One thing, Paul, I don't agree with here --and I guess the Chief should be here --he says, one of the reasons he doesn't want a captain is because they fall under Civil Service Board authority, like any other employee. They cannot be disci- plined, suspended, demoted or dismissed. Does that make sense to you. Lt. Harms: ----We should be able to expect a response from the Chief that would give us what his intentions are at this time, and what time period he plans to operate in. Mr. Plummer: Well, Kenney, if the man has said that he is going to reduce from sixteen to eleven, you can't stand there and tell me who is going to retire; who is going to get busted; who is going to quit, or who is going to die. •Lt. Harms: What is the date on that document? December 11, 1973. What I am saying to you now is that this was not conceived December llth, 1973, but a long time ago, and if this is the case I think we should have been made aware of these factors before I take the time, as I indicated to you of up to eight months and eleven, twelve, thirteen hundred hours from my family. Mr. Andrews: Lieutenant, I have sat and listened to you real patiently and politely without interruption, and I am going to address Some questions to the Mayor rather than you, and that is that I don't think that the lieutenants should be making those 183 12-13-73 assua►ptions that this condition of reduction from sixteen to eleven hae gone on for a long time. I don't know that that's so, and I think it's a fair question to ask of him, but not to arrive at that conclusion. Mr. Plummer: Paul, it was so indicated even in the budget message that appeared in the summer; so I mean it has been go- ing on before today. Mr. Andrews: But how long have these people been on this register that they are on? Lt. Harms: Since this past April. Mayor Ferre: Well, I don't mean to sound like we are being pushy, and all that, but it is 9:40 and we have at least another hour and a half of work to do; so that's all very nice, but would you bring it to a head if you have anything else. Mr. Andrews: I think the thing to do now, if I may suggest this, and then we can come back and get at some of these other questions, and I think your questions should be answered, is for the Commission to act on this resolution. I think the sergeant wants to say something; whether you want him to come back again at another time, because we are all getting tired. Mr. Plummer: Let him talk, because most of these men have taken their time off from work and are getting docked for it. Sergeant Zenoz: I have here two pages that I have written this morning, and I would like to read them to the Commission. Before that, I would like to go on record to say in reference to the woman, I would like to stand on record in that when I say Latin-American Police Officer, I am also referring to all those beautiful Latin-American women in the City of Miami. I don't think they are separate because of their sex. The Latin-American police officers of the City of -Miami wish to express their most sincere thanks to Mayor Ferre, the Commissioners, City Manager, Paul Andrews, and Chief Bernard Garmire. We have appeared be- fore them privately, and now we appear here before the Commission of the City of Miami in gratitude of our American system of government. We take this opportunity to exercise our rights for equal representation in the Miami Police Department. For many years we have served our community with the very best of our abilities. We have never had, nor do we now have, any quarrel with any particular ethnic group or member of the Police Department. We commend our police administrators for their honesty and dedica- tion to the Police Department and the community. The principle set forth in the final partial Federal Court order, although intended specifically for the black officers of the department, grants the Latin-American police officers equities that no other group can have in the City of Miami. The court order emanates by reasons of misrepresentation and discrimination within the Police Department. It is based on the proportion of the ethnic population of the City To focus on this argument I will cite some figures that I have taken from the Miami Police Department year book for the last two or three years; and these are approx- imate figures, but I am certain that an exact study would indi- cate very similar results. The Miami Police Department has only 12-13-73 184 six per cent. of its members of Latin-American origin, while the Latin'American population of the city is fifty per cent. The black police officers represent twelve per cent of the department, with a black population of twenty-three per cent. All other members in the department are eighty-two per cent. Yes; they represent only twenty-two per cent. of the population. This means that there is one Latin-American officer for every three thousand Latin-American residents. One black police officer for every seven hundred and nine black residents; and one other police officer for every ninety-eight other residents. The black officers represent their ethnic community five times more than the Latin officers; and all others in the department represent their ethnic group thirty-seven times more than the Latin-American police officer. There are over fourteen major schools and uni- versities outside the City that approximately one hundred ten members of the department have attended. Some of these are the Southern Institute of Police in Kentucky, Northwestern --- Mayor Ferre: When you finish reading, give that to someone to make copies so that we can have it in writing. Sergeant Zenoz: (continuing) Northwestern Traffic Institute in Illinois, the F.B.I. Academy in Washington, and other police courses in universities such as Michigan and Florida. Not one Latin-American member has ever attended one of the schools or universities. In the department there is not one Latin-American officer in the administration division. There are only two Latin- American officers in the traffic section. There are seven in the criminal investigation section; one in the special investigation section; none in the internal review section; only two in the com- munity relations section; and thirty-eight in radio patrol. There is not one day where a police unit does not have to call for as- sistance to another police unit to translate, and many times there are none available. What service can we render to thousands of people who cannot speak English, and to many other thousands who cannot express themselves fluently in English. In mid-1957 the departmeant had only three Latin-American police officers, and those were born in the United States. By 1965, eight years later, there were approximately eight Latin-American police officers, an average of less than one per year. Four of these were Cubans and Puerto Rican born. Since 1965, the prior eight years, the de- partment has had an approximate increase of forty-eight Latin- American officers, an average increase of six per year. Going by these statistics, in the next five years the department will have sixty-five more Latin-American policemen, an increase of thirteen per year. I say in the next five years, because I am referring to this five-year plan in the Federal Court order. This statistics show that, although there has been an upward trend to hire more Latin-American police officers,• the trend has really been insig- nificant, since five years from now the Latin-American community, although larger than it is today, will still be misrepresented by the same six per cent. or even leas, of Latin-American police officers in the department. The City will still have one Latin- American police officer for every three thousand seven hundred Latin-American residents. The City should pledge itself to engage in a'vigorous recruitment and hiring program to substantially 185 12-13-73 increase the Latinm-American members in the Police Department. This affirmative action program should be carried into Latin neighborhood4 the schools, clubs, media, etcetera, where mem- bers of the Latin community can be Made aware of the employment opportunities in the Police Department. A commitment should be made by the City to obtain within five years a representation of Latin-American officers in the Police Department more reflec- tive of the large Latin-American taxpayer population in the City of Miami. I have heard criticism of the Latin-American community of Miami to the effect that --and I quote --many of Miami's Spanish-speaking residents are not American citizens, and their right to representation is debatable --end of quote. Also, that there are only fifteen to eighteen thousand registered Latin-American voters in the City. I believe that these arguments are inconceivable and absurd. When we refer to cities services, the most valid and pertinent question is taxpayers; not registered voters --and I'd like to repeat this --when we refer to cities services the moat valid and pertinent question is taxpayers; not registered voters. The City must adhere to the mandate of the Federal Court order without deviating from it. It must not ad- here to it when it is convenient or expedient to do so; and to look elsewhere where it is not. To cite only one example, I will refer to the up -coming sergeant's test in April 30th. This test, in all probability will be delayed, because the court order has completely done away with civil service rules of entrance and promotion examinations as of September 14, 1973. The city is required by federal court order to contract with a private test- ing agency to give examinations, using their own criteria; mean- ing that, even if the sergeant's test could be given on time, the criteria could very well change. This mandate by the court has tremendously affected more than a hundred and fifty members of the deparament, yet the city, by reason of expediency, disregarded the court order by adhering to civil service rules, and gave en- trance examinations to over a hundred and fifty police aspirants on the 3rd, 4th and 5th of this month. We, the Latin-American police officers of the City of Miami, respectfully request the Commission that the federal court order be complied with in its entirety, and that the Latin-American police officers be included in the court order as a third party, with all the rights that are granted to the black police officers. The final, partial federal court order has established a precedent for minorities, and that precedent cannot be denied to the Latin-American police officers. Mr. Plummer: First of all, you say that the Latins are the minority? Sergeant Zenoz: In the Police Department, yes, sir. Mr. Plummer: Let's get back to basics. What was the basis of the federal suit? Do you know why the black officers went to court? Sergeant Zenoz: According to the federal court order, which I have read several times, and to what I have read and heard in my sixteen years' experience with the police department, and reading the court order about twenty times, it was a question of misrepresentation and discrimination within the department. Mr. Plummer: Would you agree to the statement that I will make that the basis of the court suit was because the blacks had been discriminated against in the past? Would you say that's a reasonable statement? 186 12-13-73 Sergeant Zenoz: And also misrepresented. Mc. Plummer: get back to the point that I tried to make with you before, Sergeant. 1 bave not heard --and by the way your statement is incorrect. You never met with the Commission. Sergeant Zenoz: I am meeting with the Commission now. Mr. Plummer: But not in the past. The point I am trying to make to you is that up until this time right now I have not heard from a Latin police officer that in any way they have been dis- criminated against. Sergeant Zenoz: I'll give you a case history. Would you agree with me then? Mr. Plummer: If you can substantiate it, then I think you have a basis to come here and appeal, but what I am saying to you is that the blacks are here because in fact they were dis- criminated against. I ask you: Has anyone been denied the right to take the lieutenant's exam; has anyone been denied the right to take the sergeant's exam, and your answer was no. If you were denied that right that would be discrimination, sir. I ask you --- Sergeant Zenoz: Previously to this you were asking me whether we had been denied the giving of a lieutenant's test. I told you, yes, as far as being delayed, and we agreed on that. Mr. Plummer: Which affected everyone. Sergeant Zenoz: You did not go into specifics, like you are going now. 115u are asking me to state if I know of any Latin officers that were discriminated in the past. Now this is a com- pletely different question. Mr. Plummer: But that really is the question. Sergeant Zenoz: I am prepared to answer it. I understood that question before. I didn't go into it, because I didn't want to get myself involved here iri personalities; but going back --- Mr. Plummer: Sergeant, I would only caution you to make only statements which you can substantiate with facts. Sergeant Zenoz: Yes, sir; but remember the facts are in City Hall here somewhere in records, which I don't have. Mr. Plummer: Which you know to be true. Sergeant Zenoz: Yes. Mr. Plummer: You have read them. Sergeant Zenoz: No; I don't have the facilities for the records department of the City of Miami, but I am sure you can investigate this. Going back to approximately 1964 and 1965, 187 12-13-73 I waa a member of the intelligence unit at that time, t came into the Polite Department in 1957t I finished the Academy somewhere late in November, and by April the 22nd, I went into the intelligence unit. I worked there for eight years. Accord- ing to the Civil Service Rules and Regulations —WI might be cor- rected on this --Chapter 8 states that if any member of the depart- ment is working on a higher capacity, position of higher rank, within a period of four years this member automatically is en- titled to this rank. At that time --- Mr. Plummer: Bobby, is that substantiated? Mr. Robert Paulk: There is a rule 8, subsection a, which states anyone working out of their classification for four years is entitled to the position without benefit of examination. It has never been applied across the board in the Police Department. There is a provision, I understand, within the Charter, which I havennt seen, that states that all positions shall be filled from registers. Consequently, there is a conflict between the Charter and that provision of the rules. Mr. Plummer: Wait a minute. The point that I am trying to make is, is that applied to the blacks; to the whites; to the Jewish, as well as it applied to him? Sergeant, I want you to tell me that because you are a Cuban or a Latin that you were discriminated against in a manner that no one else was. Sergeant Zenoz: I am trying to explain it to you --- Mayor Ferre: He has already told you that the whole basis was not discrimination but misrepresentation. Mr. Plummer: Well, Mr. Mayor, I disagree with you, sir, that the basis of this black suit was discrimination. Now they are asking to be treated the same as the blacks, and I say that they haven't been discriminated against. I am asking you to quote me a place where they have. Sergeant Zenoz: This is what I am coming to, if I may. At that time --and I cannot specify the year; I think it was '64 or '65--the blacks had eight police officers working in the detective bureau. We had the two sections where the uniform, or sergeants, or plain clothesmen took the avenue of detectives, and so forth. A detective was equivalent to a sergeant. And at that time I was the only Latin working upstairs in the detective portion. I had been there for over four years. There were eight black officers there. They took the City to court. Now I asked a friend of mine, a former Captain of Police, March, to intervene in my behalf with the City Manager, which he did, and the City Manager denied his petition to make me a detective. The blacks went to court, more intelligently, and the court decided that they would give them a rank, they invented a rank, they didn't want to give them the rank that they were supposed to have under the civil service rules that we are arguing today here. Sometimes we argue against and some- times we argue for civil service rules. And they were given the rank of special investigators. It was something new. The thing was not to call them detectives. I believe --and I stand to be corrected --that they were given the pay of a sergeant; they were given the pay of detectives; not the name. Now, had at that time, if the City would have gone by the civil service rules and 188 12-13-73 regulations I would have trade a detective at that time, and later on when all detectives were made lieutenants, I would have been a lieutenant five years ago. Mayor Ferret is that where you were discriminated upon? Sergeant Zenoz: Yes, sir. Mayor Ferret I am not a lawyer, but John Lloyd, this man would have a hard time proving that one in court. Let me tell you some- thing, my friend, you had better stick to your first argument of misrepresentation. because that one you have got a chance to win. And let's go on --and I am with you --we are talking about represen- tation here; what we are talking about is proper representation. Sergeant Zenoz: That's the biggest issue here; I understand that. Mayor Ferre: Plummer says that that wasn't a legal issue in court. I don't know. But the point is whether it was or wasn't -- which I have been saying all along, whether the court said so or didn't say so, the fact remains that the majority today of the population within the boundaries of the City of Miami are people who speak Spanish, and that the number of policemen that we have, just from an efficiency point of view, we need to get more Spanish speaking policemen. He doesn't disagree (indicating); he doesn't disagree (indicating) and he doesn't disagree (indicat- ing), so let's stop all the talking and get down to action now. Mr. Andrews, I have been hearing enough talk in here, and I want you next week to come back to this Commission if you would with an outline of when is it that --how are you going to go about ddng this; when are you going to do it; what do you expect to do; what do you expect to accomplish; how are you going to accomplish it; when are you going to accomplish it? And we have got seven days, and in seven days, sergeant, I'll let you talk for another hour, OK.? Thereupon the discussion was deferred until later in the meeting. 189 12-13-73 34. EXECUTIVE.PAY. PLAN: Mayor ?erre: What is the next item? Mr. Andrews: 1 hate to even suggest this one, the one on the executive Pay Plan. Mr. Plummer: I don't see where there is any problem, Mr. Andrews, because I have been the problem,and Mr. Andrews: I'd like to preface, and real quickly, that 1 have sat behind Mr. Reese all those years, that the City Commission has sat in judgment on the salaries that constitute the executive pay plan. I want to tell you my personal opinion, I think the Commission is doing something it should not be doing. I think the City Manager should set the salaries of department directors. Mayor Ferre: I agree completely with that premise. Mr. Plummer: The only disagreement with the premise is as it relates to the City Manager, his Assistant and his staff. I think that ought to be retained, and the City Atty and the people we appoint. Mayor Ferre: That's got nothing to do with the City Attorney or the Clerk. Mr. Plummer: I am just saying that as long as the City Commission reserves the right of the City Manager, Assistant and Staff, it is proper. Mayor Ferre: J. L. I indulged in this and I want to be the first to say I was wrong. Do you remember on this thing when we were talking about the Planner, and Mr. Acton's Assistant, and things like that, and I saw Whipple around here, Mr. Plummer: Where is the thing we are going to pass now? W. Andrews: I have based some recommendations to the Commission on adjustments, that I hope you would accept and not exceed, Mayor Ferre: Are these the things you sent us by memorandum that we've had in our possession for a week now, ---is there any discussion Mr. Plummer: Only on one Mr. Mayor, the same one I brought up last year, ----Mr. Andrews may I have your copy to work from, the only one I think we should give special consideration to, and I've said this once before and I'll say it again, and that is the parks Director. Mayor Ferre: You are doing the same thing you said you were not going to do. Mrs. Gordon: I'll have to support the decision Mr Plummer just made because I was going to mention it if he did not. That is a fact, because there is one position that is very badly 190 12/13/73 Mayor Ferret Rose, what do you need a city Manager for if we are going to come here, ---- Mrs. Gordon: Maurice, I would not mention it except it is a long standing inequity, and it has never been Clarified, Mr. Plummer: Mr. Andrews: ' Mrs. Gordon: things. He has only been here a year and a half, And we have accelerated him, --- We are talking about two different Mr. Andrews: Mr. Mayor and members of the Commission, I want to assure you that that which I recommended there as far as Parks and Rec. Director is extremely fair. From my knowledge of his hiring and the increases he has received, Mayor Perre: We have a good City Manager and we go along with the man, or we got a bad City Manager, if we have to start fooling around with some of these decisions let's get another City Manager. Mr. Plummer: Let me ask this Mr. Andrews,he will come according to your recommendation here to $27,700. Mayor Ferre: Is there a motion? Mr. Plummer: I will make a motion Mr. Mayor incorporating that emolument which we referred to as Mayor Ferre: ----item 29, --- - Mr. Plummer: ----right, that we pay that, ---that we adopt it as proposed by the Manager, in toto.---- Do you want it in the form of also, -incorporated in the motion that any future, ---do you want that in this motion? Mr. 'Andrews: I am going to proceed on that basis from now on. Mayor Perre: She is concerned about Loy Morrow, and I want to tell you something, in my opinion this is a tragic serious, deviation and mistake from the Charter, we should not get involved in telling the Manager, four and five people abwn the line, what they got to pay, if you are going to pick four or five guys and I am going to pick 3 or 4, and then everyone is going to start picking. Mrs. Gordon: No, --these are serious errors, --- Mayor Ferre: Why haven't you corrected the serious errors, --- Mr. Andrews: There is no serious error, this is a Civil Service position. Mrs. Gordon, off the record,now you are starting to tell me how I should manage. and I know you don't want to do that. MraLGordon: I think it is discrimination. Mayor Ferre; I think she has a right to bring this up. What she doesn't have agright to do is tell you what to do i2/13/73 about that are wracking=- - --- Mr. Andrews; ---'if there are any of those, I'll meke the adjustment, if it is justified. Mayor Ferre; Paul she's got a right to ask you, and question you on this. She doesn't have the right to tell you what to pay them. Mrs. Gordon: In my opinion, it is discriminatory ---- let me finish, you don't have to agree with me, you don't have to do what I ask, --I am not asking you, I am saying what I think, it is discriminatory, because we have a Recreation Director and we have a Parks Dir,-----we call him supervisor. but he is a Director, and he is not included in the executive pay plan, and I know he received a great deal less than the equivalent position that is listed here, and I don't know why, and I have no way of finding out. I can't direct you to do otherwise, but it is discrimination, and I don't know why. Mayor Ferre: It is on the record. Mr. Plummer: Mr. Mayor I will make my motion once again, that Item 29 as it pertains to the suggested recom- mendations of the Manager also incorporating the 5% service emoluments be incorporated, and passed in toto. Mayor Ferre: Therels a motion on the floor, a second? There is a second, further discussion? Call the roll. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-969 A RESOLUTION ACCEPTING THE EXECUTIVE PAY PLAN AS SUBMITTED BY THE CITY MANAGER ENCOMPASSING HIS RECOMMENDATIONS FOR SPECIFIC SALARY ADJUSTMENTS AND SERVICE REMUNERATIONS AS RECOMMENDED (Here follows body of resolution, omitted here and on file in the City Clerk's office.) On roll call Mrs. Gordon stated: Reluctantly yes, because I don't feel this is a fair andequal analysis raises for these various, I must vote yes or no, and if I vote no, I am hurting a lot of good people, so I have to vote yes. Mr. Andrews: I realize I am interrupting the voting Mr. Mayor, but so there is no misunderstanding, I'll make this commitment, I'll go back and review this again.and satisfy myself that the decisions I made are right, --- Mr. Plummer: Paul, in defense of Mrs. Gordon's position, and Mr. Mayor you wern't here, so I want to recall to Mr. Andrews that at the time Mr. Reese asked us to pass this thing in toto, Mrs. Gordon at that time, said, 'this will not preclude our being able to take up individual inequities and the answer was no it will not, so I think she is well within her right to ask these questions, and I think the proper way to do it is, that you be asked by Mrs. Gordon on a specific case to justify that position. 12/13/73 192 a Mayor Ferre: Mr. Plummer, I don't know who was Mayor at that time, and I don't mean to play big shot, or anything like that , and it is late, and we are just putting it out am it is, and 1 humbly say this, I am trying to get one simple thought aoross, and I am strongly, ---I feel strongly, about staying with the Charter and backing the Manager, in what are his rights under the Charter. Recognizing in the past, we deviated from that. That was a mistake, I think Mr. Reese was wrong, not to put his foot down on it, 1 am glad Andrews did today, I think the Attorney was wrong in not calling him, and the Commission was wrong in following. Mrs. Gordon: Mr. Andrews has said, made a statement which gives me some comfort, he is going to go back and look at this again. Mayor Ferre: I am going to tell you in the future, if something like this happens where I feel strongly about it, I am going to vote no, and I am going to lobby at this level to get two other votes Mr. Plummer: What you are not taking into consideration, Mr. Mayor is, that no one sitting here at that time would have voted for it without each individual answer then, and the City Manager was in a bind, and he said gentlemen, please pass this in toto, and I'll give you the opportunity to ask questions later. That was said to us Mr. Mayor. Mayor Ferre: I remember all that. Mr. Andrews: I realize Mr. Mayor that I am asking you to change the ground rules and the Commission. Mr. Plummer: We agreed to it, Mayor Ferre: Continue the roll call, Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. 35. MINIMUM FEE FOR APPLICATIONS FOR CHANGE IN ZONING AND APPLICATIONS FOR VARIANCES: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8195, PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIA MI ON OCTOBER 4, 1974, BY CHANGING SECTION 62-26(a) AND SECTION 62-26 (c) BY ADOPTING A MINIMUM FEE FOR APPLI- CATIONS FOR CHANGE IN ZONING AND APPLICATIONS FOR VARIANCES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SEVERABILITY CLAUSE passed on its first reading by title at the meeting of November 8, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: None. Said ordinance was designated Ord. No. 8211 (Mr. Plummer absent) 36.INTERIM ZONING DISTRICT -DR. MARTIN LUTHER KING BLVD: 193 12/13/73 An ordinance entitled - AN ORDINANCE ESTABLISHING AN INTERIM ZONING DISTRICT TO BE KNOWN AS "DR. MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT" AS PER ORD- INANCE NO. 6871, ARTICLE IV, SECTION 39, AND APPLYING SAID REGULATIONS TO THE AREA DEFINED ON THE MAP, ATTACHED HERETO AND MADE A PART HEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH passed on its first reading by title at the meeting of Novembet 21, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None.Said ordinance was desig- nated Ordinance No. 8212. (Mr. Plummer absent) 37. AMENDING ZONING ORD.-NEW SEC. 40 ENVIRONMENTAL CONTROLS: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE IV, BY ADDING A NEW SECTION 40, ENVIRONMENTAL CONTROLS, SETTING FORTH EN- VIRONMENTAL CONTROLS FOR WATERFRONT LANDS TO INCLUDE SITE PLAN REVIEW, MINIMUM YARD DEPTH OF TWENTY (20) FEET ALONG THE WATER- FRONT, MINIMUM SETBACK FOR UNDERGROUND STRUC- TURES OF TEN (10) FEET, REQUIREMENTS FOR ACCESSORY STRUCTURES AND NO PARKING OR STORAGE WITHIN TWENTY (20) FEET OF WATER- FRONT, SETTING FORTH LANDSCAPE REQUIREMENTS FOR ALL YARD AREAS, SETTING FORTH LANDSCAPE REQUIRMENTS FOR DECK AREAS NOT EXCEEDING THREE AND ONE-HALF (31/2) FEET ABOVE GROUND LEVEL, SETTING FORTH THE MINIMUM REQUIREMENTS FOR LANDSCAPE MATERIALS; AND REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERA- BILITY CLAUSE passed on its first reading by title at the meeting of October 25, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso, and Mayor Ferre. NOES: None. (Mr. Plummer absent) Said ordinance was designated Ord. No. 8213. 38. RETIREMENT SYSTEM AMDT-MEMBERSHIP FOR ACTIVE MILITARY SERVICE: An ordinance entitled - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624), MAY 2,' 1956 AS AMENDED) AS APPEARING IN CODIFIED FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED. 194 12/13/73 MORE PARTICULARLY AMENDING SECTIONS 2-89 AND 2-107, OF SAID CHAPTER 2 BY ADDING A NEW SUBSECTION (6) TO SECTION 2-89 AND A NEW SUBSECTION (4) TO 2-107, PROVIDING FOR UP TO A MAXIMUM OP FOUR (4) YEARS OF MEMBERSHIP SERVICE FOR ACTIVE MILITARY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, PROVIDED THAT SUCH ACTIVE SERVICE WAS WARTIME SERVICE, THAT THE CHARACTER OF SERVICE WAS UNDER HONORABLE CONDITIONS, THAT THE MEMBER RECEIVING SUCH CREDIT HAS COMPLETED TEN (10) YEARS OF CREDITABLE SERVICE AND CONTRIBUTED THE APPROPRIATE AMOUNT INTO THE RETIREMENT FUND; ESTABLISHING AN EFFECTIVE DATE OF JANUARY 12,1974. passed on its first reading by title at the meeting of November 8, 1973, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plununer, Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8214. 39. CHANGE ZONING----CULMER PARK SUBDIVISION #1: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSI- FICATION FOR TRACT "C" "CULMER PARK SUBDIVISION #1"-TENTATIVE PLAT #762-C, LOCATED AT THE N.E CORNER N.W. 7TH AVENUE AND 8TH STREET, FROM C-4 (GENERAL COMMERCIAL) DISTRICT AND C-5 (LIBERAL COMMERCIAL) DISTRICT TO R-4 (MEDIUM DENSITY MUL- TIPLE DISTRICT passed on its first reading by title at the meeting of November 8, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8215. 40. CHANGE ZONING -LOT 8 BLK 6, GRAND VIEW PARK: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSI- FICATION FOR LOT 8, BLK 6, GRAND VIEW PARK (5-58), LOCATED AT 1454 N.W. 14TH TERRACE, FROM R-3 (LOW DENSITY MULTIPLE) DISTRICT TO R-c (RESIDENCE -OFFICE) DISTRICT 195 12/13/73 passed on its first reading by title at the meeting of Nov. 8, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon. Mr. Plummer, Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8216. 41. ORDERING _ HIGHWAY IMPROVEMENT . . H+-43 71: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73970 A RESOLUTION ORDERING N. W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT H-4371 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT H-4371: AND ALLOCATING THE AMOUNT OF $500 FROM THE HIGHWAY BOND FUND FOR PRELIMINARY EXPENSE. (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: MESSERS. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 42 ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR - 5242-C The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-971 A RESOLUTION ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C (centerline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS- MENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242-C (centerline 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, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 43 ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S The following resolution was introduced by Mr. Plummer who moved its adoption: 12-13.-73 197 RESOLUTION NO. '73-972 A RESOLUTION ORDERING SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-5 (sideline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS- MENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF.AS SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242-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. Plumber, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 44. APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS The following resolution was introduced by Mr. Plummer who moved its adoption: • RESOLUTION NO. 73-973 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, TO MAKE APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUC- TION GRANTS PROGRAM FOR SIMPSON SANITARY SEWER 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: Messers. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 45. APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-974 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, TO MAKE APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CON- STRUCTION GRANTS PROGRAM FOR DELAWARE SAN- ITARY SEWER IMPROVEMENT. 198 s Mere f011Ows 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, Raboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 46. PLAT ACCEPTANCE BLUDWORTH SUB: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO, 73-975 A RESOLUTION ACCEPTION THE PLAT ENTITLED BLUDWORTH SUBDIVISION, 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. 47 SEWER AUTHORITY - KINLOCH MUNICIPAL PARK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-976 A RESOLUTION GRANTING THE MIAMI-DADE WATER AND SEWER AUTHORITY AND EASEMENT AT THE SOUTHWESTERLY CORNER OF KINLOCH MUNICIPAL PARK FOR A SANITARY SEWER PUMP STATION FACIL- ITY; AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND DELIVER SAID GRANT OF EASEMENT. (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: Messers. Plummer, reboso, Mrs. Gordon, Reverend and Mayor Ferre. NOES: None. 199 12-13-73 48, REALLOILING A__P_ORTION i " THE_REVIIIUE SHARING FUNDS ORDINANCE NO. 8217 AN ORDINANCE AMENDING ORDINANCE NO, 8192, AS AMENDED, RE -ALLOCATING A PORTION OF THE REVENUE SHARING FUNDS RECEIVED IN THE AMOUNT OP $7,966,000.00 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1974, BY INCREASING THE AMOUNT APPROPRIATED FOR FIRE RESCUE SERVICES, ITEM 6 (a), FROM $325,000.00 to $400,000.00; DE- CREASING THE AMOUNT ALLOCATED FOR FIRE ALARM SERVICES, ITEM 6 (b), FROM $200,000.00 TO $125,000.00; REDUCING THE AMOUNT ALLOCATED FOR THE CHILD CARE CENTER - EDISON-LITTLE RIVER, ITEM 13, FROM $65,000.00 TO $50,000.00; INCREASING THE AMOUNT ALLOCATED FOR THE EDISON-YOUTH PROGRAM, ITEM.14, FROM $40,000.00 TO $55,000.00; CONTAIN- ING A SEVERABILITY CLAUSE; DECLARING THIS ORDI- NANCE TO BE AN EMERGENCY MEASURE AND BY A FOUR - FIFTHS VOTE OF THE MEMBERS OF THE CITY COMMIS- SION DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO (2) SEPARATE DAYS. was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mr. Plummer, seconded by Reverend Gibson, adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Said Ordinance was designated Ordinance No. 8217 49• RETURN OF ALLOCATION FOR DOOR AND WINDOW REPLACEMENT The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-977 A RESOLUTION AUTHORIZING THE RETURN OF THE SUM OF $34,932 PREVIOUSLY ALLOCATED FOR DOOR AND WINDOW REPLACEMENT OF CITY PARK BUILDINGS TO THE CAPITAL IMPROVEMENT FUNDS UNALLOCATED FUNDS THE SOURCE OF SAID FUNDS BEING ORDINANCE NUMBER 8192, SECTION 1, 2(b). (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. 12-13-73 200 . 411 ft 50. AUTHORIZING THE DIRECTOR OF FINANCE PAYTO LOUTS SHf lBARE1.a WITHOUT THE _ADMISSION OF : LIAHILI' 'Y. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 733'. 78 A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY LOUIS SHABAREKH, WITHOUT THE ADMISSION OP LIABILITY, THE SUM OF $40.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OP MIAMI, UPON THE EXECUTION OF A RELEASE RE- LEASING THE CITY OF MIAMI FROM ALL CLAIMS DEMANDS. (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 51. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DEVONSHIRE„ INC. WITHOUT THE ADMISSION OF LIABILITY The following resolution was introduced by Reverend Gibson who moved its adoption:' RESOLUTION NO. 73-979 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DEVONSHIRE, INC., SOL KART AND EVA KART, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $432.52 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAM FROM ALL CLAIMS AND DELANDS. (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 52. ASSIST CITIZENS IN THE CONTROL AND PREVENTION OF 'LETHAL YELLOWING" The following resolution was introduced by Mr. Plummer who moved its adoption: 201 12-13-73 RESOLUTION NO. l.3--980 A RESOLUTION ESTABLISHING THE POLICY OP THE CITY OF MIAMI TO ASSIST CITIZENS IN THE CONTROL AND PREVENTION OF "LETHAL YELLOWING": ESTABLISHING A PROCEDURE TO CHECK FOR "LETHAL YELLOWING", AND TO AD- VERTISE FOR SIDS TO ESTABLISH A BASE PRICE FOR THE TREATMENT, REMOVAL AND REPLACEMENT OF ANY TREE AFFECTED BY "LETHAL YELLOWING". (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 53.CONTRACTS FOR TENNIS PROFESSIONAL PRIVILEGES AT HENDERSON AND MOORE PARKS. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-961 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE FOR AND ENTER INTO CONTRACTS FOR TENNIS PROFES- SIONAL PRIVILEGES AT HENDERSON AND MOORE PARKS. (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 54 FREE USE OF THE MIAMI STADIUM - EVANGELISTIC MISSIONARY SOC. INC. The following resolution was introduced by Mr. Reboso who moved its adoption. RESOLUTION NO. 73-982 A RESOLUTION PERMITTING THE FREE USE OF THE MIAMI STADIUM BY THE EVANGELISTIC MISSIONARY SOC., A PUBLIC PURPOSE ORGANIZATION, FOR THE STAGING OF "OPERACION: RLCATE JEVENIL" DECEMBER 12TH THRU DECEMBER 16TH, 1973, SUBJECT TO CERTAIN TERMS AND CONDITIONS HEREINAFTER SET FORTH. 12-13-73 202 41) 41 (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 Perre. NOES: None 55. AGREEMENT. WITH. FRANK T. COBO ASSISTANT TO THE CITY. MAYOR The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-983 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO A NEW CONTRACT WITH FRANK J. COBO FOR SERVICES AS ADMINISTRATIVE ASSISTANT TO THE MAYOR OF THE CITY OF MIAMI, COMPENSATION FOR SAID SERVICES TO BE $ PER YEAR, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT ATTACHED HERETO. (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 56. PROPOSED MONUMENT HONORING CUBAN HERO FRANCISCO VICENTE AGUILERA: Mr. Reboso: Mr. Mayor I think, ---I spoke with Mr. George Acton, I think we should appoint 3,72 1( architects to design the whole memorial plaza. They are going to get together with Mr. Acton. Mrs. Gordon: You want to refer it to the Planning Department? Do that and I'll second it. Mr. Reboso: I move it be referred to the PlanningDept. The following motion was introduced by Mr4 Reboeo, who moved its adoption: A MOTION TO DEFER TO THE PLANNING DEPT FOR ENTIRE PLAN, A CUBAN MEMORIAL PLAZA AT SW. 10 STREET AND CUBAN MEMORIAL BOULEVARD HONORING FRANCISCO VICENTE AGUILERA Upon being seconded by Mrs.Gordon , the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon Mr. Plummer, Mr. Reboso and Mayor Ferre; NOES: None. 57. SAVE THE BIG CYPRESS NATIONAL WATER PRESERVE -URGING U.S. SENATE: The following resolution was introduced by Mrs. Gordon who moved its adoption; 12/13/73 203 RESOLUTION NO. 73-984 A RESOLUTION URGING THE U.S. SENATE AND THE SENATE SUB -COMMITTEE ON PARKS AND RECREATION TO SAVE THE BIG CYPRESS NATIONAL WATER PRE- SERVE AS A NECESSARY WATER SUPPLY SOURCE FOR THE EVERGLADES NATIONAL PARK AND PORTIONS OF SOUTH FLORIDA (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso. Rev. Gibson, Mayor Ferre; NOES: None. 58. AGMT WITH METRO TRANS. AUTHORITY -UPGRADE BUS STOPS: The following resolution was introduced by Mr. Plummer. Who moved its adoption: RESOLUTION No. 73-985 A RESOLUTION OFFERING COOPERATION TO ASSIST THE METRO TRANSIT AUTHORITY IN UPGRADING VARIOUS BUS STOPS WITHIN THE CITY OF MIAMI AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WHEREIN THE CITY OF MIAMI WILL FURNISH THE NECESSARY LABOR AND EQUIP- MENT IF THE METRO TRANSIT AUTHORITY WILL FURNISH THE NECESSARY MATERIALS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted bythe following vote - AYES: Mr. Plummer Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. 59. BALTIMORE BASEBALL CLUB -EXTENSION OF AGREEMENT: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-986 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN EXTENSION OF LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND BALTIMORE BASEBALL CLUB, INC. FOR THE USE OF THE MIAMI BASEBALL STADIUM, FOR AN ADDITIONAL PERIOD FROM FEBRUARY ,,1974, THROUGH APRIL,1974, A COPY OF SAID EXTENSION OF LEASE AGREEMENT BEING ATTACHED HERETO'' ND MADE A PARHEREOF (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote= AYES: Mr. Reboso. Rev. Gibson, Mrs. Gordon. Mr. Plummer, Mayor Ferro. NOES: None. 204 12/13/73 . 1 • 60 . CREATION OF MXAMI, _RIVERF'RONT..EPARK _- PROPERTY ow. FtiY lowsvouvry The following resolution was introduced by Mr. Reboso who moved its adoption. RESOLUTION NO. 73-987 A RESOLUTION APPROVING IN PRINCIPAL THE CONCEPT OF THE CREATION OF A CITY OF MIAMI RIVERFRONT NEIGHBORHOOD PARK ON PROPERTY OWNED BY METROPOL- ITAN DADE COUNTY AND INSTRUCTING THE CITY MANAGER TO REQUEST METROPOLITAN DADE COUNTY'S COOPERATION IN THE CREATION AND DEVELOPMENT OF SAID PARK FACILITY. (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 gnd adopted by the following vote - AYES: MESSERS, Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 61 TRANSFER OF FUND - CITY CLERK'S OFFICE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-988 A RESOLUTION AUTHORIZING THE TRANSFER OF $5,500 FROM THE CONTINGENCY FUND TO THE, OFFICE OF THE CITY CLERK FOR THE PURPOSE OF ESTABLISHING AN ADDITIONAL TYPIST CLERK POSITION. (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 62 ACCEPTED BID FOR FIRE DEPARTMENT UNIFORMS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-989 A RESOLUTUON ACCEPTING THE BID RECEIVED NOVEMBER 13, 1973 FROM LAMAR UNIFORM COM- PANY FOR FURNISHING FIRE DEPARTMENT UNI- FORMS, AS REQUIRED FOR THE PERIOD FROM JANUARY 1, 1974 THROUGH DECEMBER 31, 1974; AND AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE PURCHASE ORDERS FROM TIME TO TIME FOR SAME, AFTER FIRST DETERMINING THAT THE FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. 205 12-13-73 411 411 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 63 BID AWARD - INSTALLING_GASOLINE TANKS .FORTHE_MOTOR POOL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-990 A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 6, 1973 FROM PETROLEUM EQUIP- MENT COMPANY FOR FURNISHING AND INSTALL- ING TWO (2) 4000 GALLON GASOLINE TANKS FOR THE MOTOR POOL, DEPARTMENT OF PUBLIC PROP- ERTIES, AT A TOTAL COST OF $4,450.00. (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 64 BID AWARD - VIDEO CAMERA AND MONITOR FOR POLICE DEPT. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-991 A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 14, 1973 FROM J & J TELEVISION & ELECTRONICS, INC. FOR FURNISHING ONE (1) VIDEO CAMERA AND ONE (1) MONITOR WITH ADDITIONAL EQUIPMENT FOR THE POLICE DEPARTMENT. (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 206 12-13-73 65 BID _AWARD_,-_._EaECTRIC_FILING. SYSTEM FOR THE C/TY..CLERK . The following resolution was introduced by Mr. PlUMmer Who aved its adoptions RESLGUTION NO. '33 992 A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 19, 1973 FROM UNITED BUSINESS SYSTEMS, CO., INC. FOR FURNISHING TWO (2) ELECTRIC FILING SYSTEMS FOR THE CITY CLERK AT A TOTAL COST OF $9,583.94. (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 thy: following vote - AYES, MESSRS. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 66 BID AWARD - ORANGE BOWL - PAINTING AND MAINTENANCE The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-993 A RESOLUTION AWARDING THE BID RECEIVED NOVEMBER 16, 1973 OF HENRY ANGELO & SONS, INC. IN THE ESTIMATED AMOUNT OF $63,750 FOR THE ORANGE BOWL - PAINTING AND MAIN- TENANCE - (PHASE II) - 1974; AND AUTHOR- IZING THE CITY MANAGEtTO EXECUTE A CONTRACT THEREFOR. Caere 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 67 BID AWARD - PLANTING TREES: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-994 A RESOLUTION ACCEPTING THE BID QUOTATION OF PESTONIT NURSERY & FLOWERS FOR FURNISH- ING AND PLANTING TREES - 1974 AND AUTHOR- IZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS AS NEEDED TO MEET THE CITY"S RE- QUIREMENTS FOR THE CALENDAR YEAR OF 1974 SUBJECT TO THE AVAILABILITY OF FUNDS. 12-13-73 207 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being second by Mayor Ferre, the resolution was passed and adopted by the following vote .. AYES: MESSRS. Plunmter, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Terre. NOES* None 68 AUTHOR/ZING MOTOR POOL REPLACEMENT DEPT OF PUBLIC PROPERTIES: The following resolution was introduced by Mr. Plummer who moved its adoptions RESOLUTION NO. 73-995 A RESOLUTION AUTHORIZING THE PURCHASE OF PHASE I. MOTOR POOL REPLACEMENT VEHICLES AND EQUIPMENT FOR THE DEPARTMENT OF PUBLIC PROPERTIES, FOR WHICH BIDS WERE RECEIVED NOVEMBER.16, 1973, AND AUTHORIZING AND DIR- ECTING THE CITY MANAGER TO ISSUE PURCHASE ORDERS IN THE TOTAL AMOUNT OF $303,400.80 FOR THE PURCHASE OF SAID EQUIPMENT FROM FUNDS AVAILABLE IN THE MOTOR POOL REPLACEMENT RESERVE ACCOUNT. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: MESSRS. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 69 APPROVAL OF.THREE WHEEL VEHICLE - DEPARTMENT OF POLICE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-996 A RESOLUTION AUTHORIZING AND APPROVING THE CITY MANAGER'S EMERGENCY PURCHASE OF FOURTEEN THREE WHEEL POLICE VEHICLES FOR THE DEPARTMENT OF POLICE FROM FEDERAL REVENUE SHARING FUNDS AVAILABLE IN THE 1973-74 DEPARTMENT OF POLICE BUDGET, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS IN THE TOTAL AMOUNT OF $35,076.00 FOR THE PURCHASE OF SAID EQUIPMENT. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: MESSRS. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 12-13-73 208 70, ADDXTIONAUP D. __XN.-.BAYl t _ PAAM Ate.: Mr. pluMeiers Mr. Vice -Mayor, in conjunction with that, one of the recommendations that I think we can implement today, Mr. Andrews are you listening, --- Mr. Andrews: Yee. Mr. Plummer: --one of the recommendations that Chief Garmire made in his answers to the Mayor was, that he felt that 6 additional telephones, at the cost of about nine dollars a month; should go into the Bayfront Park Area. I will make a motion at this time that these .phones at designated locations specified by you be installed immediately. Mr. Andrews: Okay. The following motion was introduced by Mr. Plummer, who moved its adoption: A LOTION TO INSTALL 6 ADDITIONAL PHONES IN THE BAYFRONT PARK AREA AT LOCATIONS TO BE SPECIFIED BY THE CITY MANAGER Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Rev. Gibson. Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 71. PLANNING ADV. BOARD -PROPOSED APPOINTMENTS: Mr. Andrews: Mr. Mayor will you clarify for us so we don't do the wrong thing now, on Item 513, this memo I will distribute to all the Commissioner :s in the morning again on the Planning Adv. Board and Zoning Board, will you please instruct us again, ----you are going to make the selections by the close of the day tomorrow? Mr. Plummer: No, no, we are opening it up again until 5 PM tomorrow. We will make the selection on the 20th. Based on the outline provided by Mrs. Gordon. Mr. Andrews: You are going to be making, --those of you that wish, submission of names, to be added to the list. Mr. Plummer: Any one can make a submission tomorrow up until 5 PM. Mrs. Gordon: Believe me, I would not have made any either if there wasn't only 11 two days before, Mr. Simpson: Then the burden is on the City Clerk to verify all these names as being residents and voters in the City of Miami, prior to next Thursday. 72. GESU CATHOLIC CHURCH -NOMINATION TO NATIONAL REGISTER: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-997 A RESOLUTION URGING THE DIVISION OF ARCHIVES HISTORY AND RECORDS MANAGEMENT OF THE DEPART- MENT OF STATE OF THE STATE OF FLORIDA TO APPROVE THE NOMINATION OF THE GESU CATHOLIC CHURCH. 209 12/13/73 118 H.S. 2nd SST, Kum, FLORIDA To THE NATIONAL REGISTER AND TO SUBMIT ITS APPROVAL TO THE NATIONAL PARK SERVICE IN WASHINGTON D.C. AS EXPEDITIOUSLY AS POSSIBLE, (Here follows body of resolution, omitted here and on gel file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote- AYES:Mr. Rebeso, Rev. Gibson, Mrs. Gordon, Mr Plummer Mayor Perre. NOES: None. 210 12/13/73 73. MORT _ AIAMI-METRO JOINT ACTION CON TTEE: Reverend Gibson made the following statement: We had our meeting on Wednesday, and I want to report to you that all of the members of the Committee present agreed to two things; number one, that the committee should continue, and we strongly urge certainly our Commission to support it; and secondly, that our Mayor be added to the committee, and I am sure that Metro is going to ask that their mayor be added to the Committee, and we strongly urge that this, our Commission do the same; and that it is understood that all, any and all meet- ings are open to the public, including news media and all mem- bers of the Commission, whether members of the committee or not. 74. ORANGE BOWL PUBLIC ADDRESS SYSTEM: In response to a question by Mr. Plummer as to the status of the Orange Bowl public address system and the problems which were encountered at the half-time show last year, the City Manager stated that a separate system was being prepared and would be ready for this year's Orange Bowl game which would eliminate the type of problem which was encountered last year. 75. DAY CARE FOR THE FRAGILE ELDERLY: Mrs. Gordon made the following statement: I forgot to move this in the form of a motion, but I had mentioned it earlier in the day, with regard to the Volunteer Task Force to develop the plans for day care for the fragile elderly in the City of Miami, and the names of the persons that I have --and you may add any others that you might come up with afterwards, but as an initial start; Mr. Luis Gonzalez, Mr. Milton Zatinsky, Mrs. Fran Kramer, Mr. Max Friedson, Mrs. Miriam Scheinberg, Mr. Angel Moreno, Mrs. Thelma Gibson, and I would volunteer to serve on it, myself, Mr. Mayor. Thereupon the following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION A MOTION MAKING ADDITIONAL APPOINT- MENTS TO THE TASK FORCE FOR THE FRAGILE ELDERLY Upon being seconded by Mr. Plummer the motion was adopted by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 76. ORANGE BOWL IMPROVEMENTS: P. W. Andrews, City Manager, made the following report: I am meeting tomorrow afternoon at 12:00 o'clock at the Faculty Club of the University. President Stanford will be there; Mr. Robbie will be there; Dr. Fields will be there, and the Orange Bowl Committee, and Mr. Angel ---- from the Toros, and I am anticipating that they will inform us, as a group of users, as to their priority of needs. I met with the Orange Bowl Committee member, Mr. Paul Marks, who had furnished Mr. Cliff Maya and myself with their priority list of improvements that they would like to see, and now it is hopefully shaping up to where they will be supplying the City--- 211 12-13-73 Mr. Plun*ners Mr. Manager, I intend to bring this up at every meeting now, sir, until I have the opportunity of making the motion to proceed with the improvements. 77 .PARK - SO. SAYSHORE DRIVE - PARKING FACILITIES: Mr. Plumper made the following remarks Paul (Mr. Andrews) there was something that came up today that I brought to your attention, and I think needs some serious consideration. This new park down here, at the present time, only has ten designated parking spaces. I think if this park is going to be used by all of the people, even though it's somewhat a neighborhood, that more parking has got to be provided off- street than ten spaces. 78 LATIN POLICE OFFICERS - DISCRIMINATION: Dr. Horatio Villa appeared and made the following statement: I work for the School Board, and what I wanted to say primar- ily is that I am trying to clarify some things that I consider -- some of the standards on the part of the Commission, and that is that we toss the terms discrimination and representation around, and my purpose --I am a test ; I have a PhD; I have attended New York University, U.C.L.A., the University of Florida, the University of Minnesota, and I would consider myself an expert as far as testing is concerned, and that's my present job with the Dade County Board of Public Instruction. I am not here to represent the United Teachers of Dade County, of which I am a member, but I mention the organization because of a reason which I will bring up in a few seconds. First of all, this organiza- tion has always been sympathetic to the idea of integration, and formerly, as the C.T.A. and as the A.S.T. Now they are merged into a union; and they pushed the integration problem in the schools, and also they brought forth the idea that minority teachers, including the blacks, should not be tested with tests that were originally developed and conceived years ago and based on norms which uses primarily middle-class values, white, of a certain middle-class social and economic level. This is where the discrimination comes into existence with the; for example, the blacks --and I would say this is primarily one of the reasons that the court voted the way they did, or suggested what the suggested as far as• the blacks, and I think that applies also to the Latins, where discrimination has existed --- Mayor Ferre: How long are you going to talk? Dr. Villa: Whatever it takes me to explain this problem. Mr. Andrews: Sir, please accept my apology for interrupting you, but the very area to which you are addressing yourself is going to be the primary concern of the firm that we are going to employ. This is one of the things that I looked for --- Dr. Villa: No, the firm will not mention anything about dis- crimination, and what I am trying to say is discrimination has existed, both with the --- Mayor Ferret Do you know that for a fact? Dr. Villa* Yes, and I'll bring it out right now. Every test that has been developed up to the present time--- 12-13-73 212 Mayor Terre: How in the world can you prejudge something that you don't even know who it is and what it's going to be? Dr. ;Villa: I am not talking about the new tests; mit dal AS Mayor Ferret Well he is. Dr. Villa: I am talking about the past tests; the tests that were discriminatory prior --- Mayor Ferre: How in the world can you pre -judge this. We are not concerned with the past; we arc Dr. Villa: Sergeant Zenoz said there was discrimination. There was discrimination, because you have such a thing as cul- tural discrimination in this country, just like with the blacks you have the problem of racial discrimination, color discrimin- ation, plus cultural discrimination with the blacks, and with the Latins you have the same thing; with the Chicanos, with the Mexicans, and with the Puerto Ricans, and with the Cubans and many others. There is that cultural discrimination. And this is what I am trying to bring forth; that this test there was discrimination, and it's not just a matter of representation. This is another thing. Representation comes --it's a matter of economics. Mayor Ferre: Has that ever been tested in court? Dr. Villa: Yes; this has been tested in court several times. In other words, all I was trying to say is that the tests in the past have been culturally biased --- Mr. Plummer: In your opinion, Dr.? Dr. Villa: No; in the opinion of many experts, Mr. Plummer. In the opinion of many experts most tests in the United States, up to the present time, have been biased culturally, because, as I tried to explain to you before, the norms used to establish these tests were based on a social economic level of Americans which did not represent the sub -cultures. The sub -cultures have their own socialogical thinking, and so on, totally different from, in many instances, the culture of middle America, if you want to call it that way. Another thing is that, for example, in the case of the Spanish-speaking American there is discrimina- tion also and the tests are culturally biased because of the language. There is no way that an individual who learns how to speak English at the age of seven, eight, nine and ten, or later, can ever compete with a white Anglo-Saxon in a matter of a test. Mayor Ferre: All right, Dr., I accept that as a premise. Now go on to your next point. Dr. Villa: The other point I wanted to make is that in the School Board we realized this quite a few years back, and we started immediately integrating the school and increasing the number of black teachers in the school for the reason that, first of all, we could .not test many of the black teachers, because actually it would have been biased with the instruments we had. Mayor Ferret Agreed; we have already gone over this. 213 12-13-73 .Mr. Viliat Now, these black teachers came into the school system and they proved to be an asset to the community and to the schools, especially when the schools became integrated the blacks were able to deal with the black students in many ways touch better than the white teachers. Now the School Board is realizing the same thing now with the Latins. Mayor Ferre: Of course. Dr. Villa: And they are trying to increase the number, For the same reason I believe this is*the thing also that has to be done with the Police Department. Mayor Ferre: Who disagrees with you? Dr. Villa: I am not saying you disagree. I am mentioning this fact simply to refer to the discrimination that people claim does not exist, but it does exist. Mayor Ferre: You have got a very valid point; there is no question about it. As a matter of fact, I was just telling Father Gibson that I made that same speech last night. You and I must have had mental telepathy. We were at the Cuban Lions Club, and that's exactly what I said, so I couldn't be more in agreement with you. Now, I want to repeat that I expect from Mr. Paul Andrews a sense of direction at the next meeting, so if you want to be here at that time I will recognize you or whoever may be here in representation of the Spanish-speaking police officers I will recognize at that time. (The last sentence addressed to Sergeant Zenoz) . ADJOURNMENT: There being no further business to come before the Commission at this time, on motion made and seconded, the meeting was ad- journed at 11:10 o'clock P.M. ATTEST: H. D. SOUTHERN CITY CLERK MAURICE A. FERRE MAYOR 12-13-73 214 cli % OF MeAMI DOCUMENT MEETING DATE: INDE DECEMBER 13, 1973 ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (24 pages) GRANT PERMISSION -ORDINANCE NO. 6871- OFFICE BUILDING-390 N.W. 1ST AVENUE CONDITIONAL USE -ORDINANCE NO. 6871- CONSTRUCTION 5 FLOORS OF PARKING 390 N.W. 1ST AVENUE CONDITIONAL USE -ORDINANCE NO. 6871- OFF-STREET PARKING-4215 N.W. 6TH STREET AMENDING ORDINANCE NO.6871-CHANGE ZONING CLASSIFICATION-2670 TIGERTAIL AVENUE CONDITIONAL USE -TO PERMIT TEMPORARY USE OF A TRAILER-S.W. 27TH AVENUE 6TH STREET GRANT PERMISSION -ADDITION TO BICYCLE SHOP- 3423 MAIN HIGHWAY GRANT VARIANCE -ORDINANCE NO. 6871- CONSTRUCTION ADDITION TO EXISTING BICYCLE SHOP-3423 MAIN HIGHWAY GRANT VARIANCE -ORDINANCE NO.6871- CONSTRUCTION OFFICE BUILDING-2001 S.W. 27TH AVENUE -ARTICLE XI -SECTION 2 GRANT VARIANCE -ORDINANCE No.6871- CONSTRUCTION OFFICE BUILDING-2001 S.W. 27TH AVE.-ARTICLE XI -SECTIONS 3(1) AND 6 CONDITIONAL USE -RESOLUTION NO. 72-862 OFF-STREET PARKING-3243-45 FRANKLIN AVENUE NEGOTIATION SALE OF COCONUT GROVE INCINERATOR AND EQUIPMENT CONTRACT FOR USE OF THE ORANGE BOWL STADIUM FOR OTHER THAN ATHLETIC EVENTS NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO.7093.A-FORT DALLAS PARK EXPANSION PROJECT EXECUTIVE PAY PLAN FISCAL YEAR 1973-74 AMEND ORDINANCE NO. 6871-COMPREHENSIVE ZONING -GRAND VIEW PARK-1454 N.W. 14th TERRACE COMMISSION RETRIEVAL ACTION CODE _N0. 0079 R-73-957 73-957 R-73-958 R-73-959 Denied R-73-960 R-73-961 R-73-962 R-73-963 R-73-964 R-73-965 R-73-966 R-73-967 R-73-968 73-958 73-959 0080 73-960 73-961 73-962 73-963 73-964 73-965 73-966 73-967 73-968 0081 0082 DOCUMENTINDEY CONTINUED2 ITEM N 17 18 19 20 21 22 23 24 25 26 27 28 29 • 30 31 32 33 34 35 36 DOCUMENT IDENTIFICATION N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT H-4371 SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C (CENTERLINE SEWER) SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S (SIDELINE SEWER) AUTHORIZE APPLICATION FOR FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM-SIMPSON SANITARY SEWER AUTHORIZE APPLICATION FEDERAL ASSISTANCE PUBLIC LAW 92-500-CONSTRUCTION GRANTS PROGRAM-DELAWARE SANITARY SEWER ACCEPT PLAT ENTITLED BLUDWORTH SUBDIVISION - A SUBDIVISION CITY OF MIAMI GRANT MIAMI DADE WATER AND SEWER AUTHORITY EASEMENT-KINLOCH MUNICIPAL PARK FOR A SANITARY SEWER PUMP STATION FACILITY RETURN THE SUM OF $34,932 FROM CITY PARK BUILDINGS TO THE CAPITAL IMPROVEMENT FUNDS CLAIM SETTLEMENT-LOUIS SHABAREKH CLAIM SETTLEMENT-DEVONSHIRE,INC. POLICY OF THE CITY OF MIAMI TO ASSIST CITIZENS IN THE CONTROL OF "LETHAL YELLOWING" CONTRACT FOR TENNIS PROFESSIONAL PRIVILEGES AT HENDERSON AND MOORE PARKS FREE USE OF MIAMI STADIUM BY EVANGELISTIC MISSIONARY SOC. INC.-DECEMBER 12th-1973 NEW CONTRACT WITH FRANK J. COBO-SERVICES AS ADMINISTRATIVE ASSISTANT TO THE MAYOR OF CITY OF MIAMI URGING U.S. SENATE TO SAVE THE BIG CYPRESS NATIONAL WATER PRESERVE -EVERGLADES NATIONAL PARK METRO TRANSIT AUTHORITY -BUS STOPS CITY OF MIAMI EXTENSION OF LEASE AGREEMENT BETWEEN CITY OF MIAMI AND BALTIMORE BASEBALL CLUB CITY OF MIAMI RIVERFRONT NEIGHBORHOOD PARK - DOWNTOWN MIAMI 1973-1985-AN URBAN DEVELOPMENT AND ZONING PLAN TRANSFER OF $5.500 FROM CONTINGENCY FUND TO THE OFFICE OF CITY CLERK FOR ADDITIONAL TYPIST CLERK POSITION ACTIO CDDE_.Nb�_ R-73-970 R-73-971 R-73-972 R-73-973 R-73-974 R-73-975 R-73-976 R-73-977 R-73-978 R-73-979 R-73-980 R-73-981 R-73-982 R-73-983 R-73-984 R-73-985 R-73-986 R-73-987 R-73-988 73-970 73-971 73-972 73-973 73-974 73-975 73-976 73-977 73-978 73-979 73-980 73-981 73-982 73-983 73-984 73-985 73-986 73-987 0083 73-988 DOCU MENT4N DEX ,1 CONTINU ITEM NO. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DOCUMENT IDENTIFICATION ACCEPT BID -FROM LAMAR UNIFORM COMPANY FOR FURNISHING FIRE DEPARTMENT UNIFORMS ACCEPT BID -FROM PETROLEUM EQUIPMENT COMPANY FOR FURNISHING GASOLINE TANKS FOR DEPARTMENT OF PUBLIC PROPERTIES ACCEPT BID -FROM J & J TELEVISION & ELECTRONIC INC. FOR FURNISHING VIDEO CAMERA FOR POLICE DEPARTMENT ACCEPT BID -FROM UNITED BUSINESS SYSTEMS CO. FOR FURNISHING ELECTRIC FILING SYSTEMS FOR THE CITY CLERK ACCEPT BID -HENRY ANGELO & SONS INC. FOR THE ORANGE BOWL PAINTING AND MAINTENANCE ACCEPT BID-PESTONIT NURSERY & FLOWERS FOR FURNISHING AND PLANTING TREES-1974 PURCHASE OF PHASE I, MOTOR POOL REPLACEMENT VEHICLES FOR THE DEPARTMENT OF PUBLIC PROPERTIES PURCHASE -WHEEL POLICE VEHICLES FOR THE DEPARTMENT OF POLICE URGING DEPT.OF STATE OF FLORIDA NOMINATION OF GESU CATHOLIC CHURCH 119 N.E. 2ND STREET -NATIONAL REGISTER IN WASHINGTON NOTICE PUBLIC MEETING -DR. MARTIN LUTHER KING BLVD. INTERIM ZONING NOTICE PUBLIC MEETING -APPOINTMENT MEMBER CITY OF MIAMI PLANNING ADVISORY BOARD PROMOTIONAL EXAMINATION FOR THE CITY OF MIAMI POLICE DEPARTMENT PUBLIC NOTICE -PROPOSED CHANGE IN HOURS OF SALE OF ALCOHOLIC BEVERAGES PUBLIC NOTICE -OWNERS OF REAL ESTATE OF NATOMA AND ALATKA STREETS-MIAMI CITY CbPt4ISSION ACTION R-73-989 R-73-990 R-73-991 R-73-992 R-73-993 R-73-994 R-73-995 R-73-996 R-73-997 PAGE # 3 mirtriIEVAL CODE __NO .- 73-989 73-990 73-991 73-992 73-993 73-994 73-995 73-996 73-997 0084 0085 0086 0087 0088