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CC 1973-12-20 Minutes
MIAMI CITY COMMISSION MINUTES OF MEETING HELD ON DEC 201973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H, D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSLSTANT CITY CLERK BMX MINUTES OE REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM N0. SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21, PERMIT CARNIVAL RIDES -RIVERSIDE PARK REZONING REQUEST - LOT 1-6 BLOCK 1 Le JEUNE GARDEN ESTATES - Sec. 3 CONTINUED WAIVER OF PARKING SPACES APT. FOR ELDERLY-2934 N.W. 17 AVENUE VARIANCE DENIAL - TRACT B INDUSTRIAL SITES INC. PARKING LOT LIGHTING REGULATIONS METHOD OF SELECTING APPOINTEES TO NEW PLANNING ADVISORY BOARD & ZONING BOARD REQUEST FOR REINSTATEMENT OF NIGHT CLUB LICENSE - WALT MILLER CLUB 17 REQUEST FOR EXTENSION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS—DEC 23 & DEC.30 CITY COMMISSION MEETING PLACES ESTABLISHING ALTERNATES PARKING GARAGE RATES MODEL CITIES AREA RESIDENTIAL CONSTRUCTION GUIDELINES VARIANCES - TIME LIMIT FOR RECONSIDERATION ART IN PUBLIC BUILDINGS SOCIAL SECURITY - EXCLUDING PART TIME EMPLOYEES DINNER KEY MARINA - SANITARY PUMP STATION PROPOSED CHARTER AMENDMENT FILLING OF VACANCIES ON CITY COMMISSION PROSTITUTION - PROPOSED PENALTIES COMMITTEE ON ECOLOGY AND BEAUTIFICATION APPOINTING MRS. ANGEL BRADLEY PURCHASE GRASS SEED DEPARTMENT OF PARKS AND RECREATION ACCEPT RIGHT OF WAY DEED DON G. ROMER AND CHARLENE ROMER ACCEPT COMPLETED WORK- EDISON AND WYNDWOOD PARKS BASEBALL BACKSTOPS DISCUSSION DISCUSSION RES.N0.73-998 MOTION EMER.ORD. NO. 8218 DISCUSSION DISCUSSION DISCUSSION FIRST READING EMER. ORD. NO. 8219 DEFERRED EMER.ORD. NO. 8220 FIRST READING EMER.ORD. NO. 8221 73-999 73-1000 73-1001 73-1002 DISCUSSION 73-1003 73-1004 73-1005 73-1006 1-2 2 4 4-5 5-6 6-7 7 7 7-8 8 8 8-9 9 9-10 10 11 12 12 13 13 • 111116. ITEM NO, INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ORDINANCE OR RESOLUTION No, PAGE NO, 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 34a 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. ACCEPT COVENANT- THE BANK OF MIAMI DENYING CERTAIN CLAIMS CITY MANAGER TO RECEIVE PROPOSAL FOR MODERN SCOREBOARD FACILITIES -ORANGE BOWL STADIUM NEGOTIATE WITH MANAGER FOR FOOD & BEVERAGE CONCESSION AT CITY OF MIAMI- MIAMI SPRINGS GOLF COURSE WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM NATURALIZATION PROCEEDINGS-U.S. DIST.Ct. AGREE TO CONTRIBUTE $1,500 WITH DADE COUNTY FOR ORANGE BOWL FLOAT ADDITIONAL APPOINTMENTS -COMMITTEE ON DAY CARE FOR THE FRAGILE ELDERLY EMERGENCY TELEPHONE NUMBER - 911 ESTABLISH DATE FOR PUBLIC HEARING -PROPOSED RATE INCREASE FOR TAXICABS OPERATING IN THE CITY OF MIAMI TRANSFER REAL PROPERTY OF THE CITY-E 15= LOT 3, BLOCK 5 KENWOOD CHARLES IVES FESTIVAL -PERSONAL APPEARANCE BY F. WARREN 0 REILLY PERSONAL APPEARANCE -METRO COMMISSIONER M. CALHOUN PROCLAMATIONS BALLOTING PROCEDURE -APPOINTMENTS TO THE PLANNING ADVISORY BOARD AND ZONING BOARD BID AWARD DISCUSSION -LIGHTING INSTALLATION MIAMI BASEBALL STADIUM ACCEPTING PROPOSAL FOR DIAZO MACHINE BID AWARD- ICE MAKING MACHINE BID AWARD -BROCHURES IN ENGLISH & SPANISH BID AWARD- TREE TRIMMING AND PRUNING REQUEST TO CLOSE S. W. 8 STREET TO S.W. 9 STREET FROM 10 to MIDNITE NEW YEARS EVE DISCUSSION OF LIBUOR HOURS CUBAN MEMORIAL BOULEVARD LOCAL BROKERAGE DISCUSSION-MIAMI CITY EMPLOYEES RETIREMENT SYSTEM & PLAN 2nd BALLOT APPROVAL OF AN EMERGENCY TELEPHONE NUMBER FOR MIAMI 911 73-1007 73-1008 73-1009 73-1010 73-1011 73-1012 MOTION DISCUSSION 73-1013 73-1014 DISCUSSION DISCUSSION 14 14-16 17 17 18 18 19 19-20 20-21 22 22-23 24-29 29 DISCUSSION 29 MOTION 73-1015 73-1016 73-1015A 33 DISCUSSION 33 30-31 32 32 DISCUSSION 33 D-ISCUSSION 34 DISCUSSION 34 DISCUSSION 35-37 37 RES.N0.73-1031 38 • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. 469 47. 48. 49. 50. 51. 52. 53. 54. 55.. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. HOURS OF SALE BEYOND THE NORMAL CLOSING TIME OF ALCOHOLIC BEVERAGES EXTENDING HOURS OF SALE OF BEER AND WINE DEC 23 & DEC.30 ONLY BALLOTING PROCEDURES -PLANNING & ZONING BDS. LETTER FROM ALICE WAINWRIGHT RE: USE OF A PORTION OF RESIDENCE FOR PROFESSIONAL USE PALM PLANTING PROGRAM- CITY OF MIAMI Urging State PALM PLANTING PROGRAM Urging Counts, RE-ROUTE CARGO PLANES APPOINT MEMBERS TO THE ZONING BOARD APPOINT MEMBERS TO THE PLANNING ADV.BOARD FIX DATE FOR PUBLIC HEARING ON CHANGE OF NAME ON WYNDWOOD PARK EXPANSION OF BAYFRONT PARK BALL POINT PROPERTY AC&UISITION ORANGE BOWL IMPROVEMENTS REPORT OF MEETING WITH USERS BACK PAY FOR EMPLOYEES -FEDERAL PAY BOARD REPORT BY THE CITY MANAGER AUTHORIZE MANAGER TO INVESTIGATE ACQUISITIO, OF MOBILE COMMUNICATIONS VAN TO BE USED BY POLICE AND FIRE ESTABLISH SALARY OF ASSISTANT CITY CLERK •PRESENTATION BY V. GRIMM RE DEDADE OF PROGRESS ROAD PROJECTS RESOLUTION ESTABLISHING SALARY OF ASSISTANT CITY CLERK AND DISCUSSION OF COMMISSION MEMBERS SALARY ASSISTANCE FROM DADE COUNTY -PURCHASE OR CONDEMNATION OF LAND FOR PARK PURPOSES ASSISTANCE FROM STATE OF FLORIDA-PURCHASE OR CONDEMNATION OF LAND FOR PARK PURPOSES CONTINUE CIVIL SERVICE & ALL OTHER BENEFITS RECEIVED BY DAVID SIMPSON JR. and ROBERT A. DAVIS ORD.NO. 8222 RES.NO.73-101 DISCUSSION DISCUSSION RES.73-1019 RES.73-1020 RES.73-1021 73-1022 73-1023 MOTION DISCUSSION DISCUSSION DISCUSSION MOTION MOTION DISCUSSION RES.73-1024 RES.73-1025 RES.73-1026 RES.73-1027 38 39 39 39-40 41 41 41 42 42 42 43-51 52 52-53 53-54 54 54-56 56-60 61 61 62 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA DECEMBER 20, 1973 On the 20th day of December, 1973, the Commission of the City of Miami, Florida met at its regular meeting 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 Maurice Ferre with the following members of the Commission present: Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. Absent: Mrs. Gordon. An invocation was delivered by Reverend Gibson, who then led those present in a pledge of allegience to the flag. On motion of Mr. Plummer, seconded by Reverend Gibson, it was agreed to waive the reading of the minutes of the previous meeting. 1. PERMITTING CARNIVAL RIDES AT RIVERSIDE PARK: P. W. Andrews, City Manager, made the following statement: I have a matter of some urgency which I must bring to your attention. The Ada Merritt League, associated with the Ada Merritt Com- munity school did make applications to the City to place a carnival at the Riverside Park, which is under lease to the school board; and an area of confusion arose; mis-communication and misunderstand- ing of exactly what was to take place. The end result was that the Ada Merritt League was issued a permit to hold a carnival including rides. It was never my intention that rides be permitted on City of Miami property, even though such property is leased to the School Board. Nevertheless the rides have been installed on the property, and they are seeking permission to continue with the carnival, and under the circumstances, had the rides not been installed, I was prepared --and the Ada Merritt League was aware of this, including Mr. Amadon of the Community School --that I was not going to recom- mend to the City Commission that the rides be permitted, but since the rides have been installed on the grounds, it is my understanding that the principal of the school, representing the School Board, is now in agreement that there is no choice for the Commission except to proceed to give permission in this instance to carry out the carnival with rides. However, we are going to take more precau- tions in the future to make known what the City's requirements and the School Board's requirements are by communicating with the Association of Showmen, the people who actually put on these rides, and others, so that they understand clearly the requirements in the use of public property. So with that I see no choice for the Commission except to approve the rides in this instance. Mr, Plummer: I'll make a motion that we ratify the action of the City Manager. NOTES Mrs. Gordon entered the meeting at 8:38 o'clock A.M. Upon being seconded by Mr. Reboso the above motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mr. Plummer, lxr. Reboso and Mayor Ferre. NOES: None. Mrs. Gordon not voting for the reason that she had not heard the foregoing explanation. Subsequent to the adoption of the motion Mr. Plummer expressed the opinion that additional polioe officers should be provided and that this action would not be precedent setting, and that these two conditions be included in the motion, to which the Commission agreed. Mrs. Gordon, after hearing an explanation of the matter by the Mayor, stated she would vote in favor of the Motion. 2. REZONING REQUEST - LOTS 1 6, BLK 1, LE JEUNE GARDEN ESTATES SECTION 3: Attorney Janice Revitz, representing George H. Vincent, appeared to appeal from an adverse recommendation of the Planning Board on an application for change in zoning classification for Lots 1 through 6, Block 1, LeJeune Garden Estates Section 3, located at the north- east corner of NW 42nd Court and NW 14th Street, from R-2 to C-4. She pointed out that the denial by the Planning Board was by a 5 to 4 vote. She expressed the opinion that the applicant's request for change in zoning was a reasonable one in that the surrounding and contiguous property was commercial in nature, and that the fact that the Planning Department was studying this area was not a valid reason to deny her client the right to develop his property for a reasonable use. She stated that the law of the State of Florida and other jurisdictions was clear in its expression that when an area had drastically and dramatically changed there was a positive duty upon municipalities to rezone in accordance with such change, and in ac- cordance with that which was compatible in the area, which at this time was C-4, and not R-2, but that the Planning Department recom- mended denying the application, not on the merits, nor on the law of rezoning, but because of an airport compatibility study. She emphasized that the surrounding properties were not only zoned C-4, but were developed for such use, and that nothing could be accom- plished by compelling this contiguous property to remain R-2. She emphasized that this study had been under way since 1971, and that if it were so critical, as the planners had stated, it should not have been permitted to remain unfinished all this time. She called attention to a 6-story hotel in the immediate area. George Acton, Director of the Planning Department, stated that a study was done jointly by the City and County Planning Departments, and that there were some definite findings and recommendations result- ing from that study, one of the more important of which was that the area surrounding the airport should be restricted in terms of height and use; that the use should be restricted to low density tyiss of either commercial or industrial use. He pointed out that some of the property in this area was in fact being used in accordance with the recommendations arising from this study. He stated that the reason that the Planning Department recommended against a change in zoning was because a C-4 classification would permit the type of uses found along LeJeune Road in that particular area, such as hotel - motel uses which existed in that area. He reminded the Commission that the subject property was located within the extension of one of the light lanes which the aircraft used in take -offs and landings. The Mayor expressed the opinion that before the Commission took any action on this matter it should have the input of those agencies which were most affected; namely the F.A.A., the Port Authority and the Pilot's Association. 12-20-73 2 Attorney Revitz stated she had attempted to obtain opinions from these agencies on this matter to no avail. She stated fur- ther that no plans existed for her client's property to be acquired by the Port Authority. She stated that a thirty-five to forty foot building on these lots would be in accord with the Airport Compati- bility Study, and yet her client was continually being faced with recommendations for not more than a two-story building on this property. She emphasized that under the existing zoning homes could be built on this property which would be occupied twenty-four hours of each day which, if the arguments of the planners were sincere that their recommendations were directed toward curtaiing the density in this area, would be more hazardous than would a commercial structure where -the occupants would leave at the close of the working day. In response to a question by Mr. Reboso she stated that her client did not have any specific plans at this time for development of the property under a C-4 classification. Mr. Plummer expressed the opinion that the traffic flow facilities in this area needed to be given serious consideration before permitting uses which would increase the density. Mrs. Gordon expressed the opinion that after the Port Authority had completed its condemnation of the lands it intended to acquire in this area the applicant's property would then become an island of R-2 in a sea of C-4 property, which would constitute spot zoning. She stated that she was particularly concerned about granting the application because a C-4 classification would also permit apartment buildings, which if constructed in this area, could constitute a hazard to the occupants. She suggested that perhaps the City's zoning ordinance could be amended to make an apartment house in a C-4 classification a conditional use, or some such protective measure built into the ordinance in order to prevent an apartment house being constructed in an area such as this one. Attorney Revitz emphasized that this property was now in a posture of spot zoning, which she stated was illegal, and that to refuse to rezone it constituted a condemnation of the land. In response to a question by Mrs. Gordon, Mr. Acton stated that C-4, in his opinion was an inappropriate use for the subject property because it permitted too many types of uses which were of a high population character, but that R-2 was also, in his opinion an inappropriate use for the property. After further discussion Mrs. Gordon moved to defer an appeal by George H. Vincent from an adverse recommendation of the Planning Board on an application for change in zoning classification for Lots 1 through 6, Block 1, LeJeune Garden Estates Section 3, from R-2 to C-4, pending review and recommendation from the F.A.A., the Dade County Port Authority and the Pilots Association. Upon being seconded by Mr. Reboso the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Plummer requested that these three agencies be notified by certified mail with return receipt requested. Mrs. Gordon moved to'request the Planning Department to furnish the Commission, prior to the time it reconsiders an application for rezoning of Lots 1 through 6, Block 1, LeJeune Garden Estates, Section 3, from R-2 to C-4, information and recommendation as to the practicability of the application of an interim zoning classification for the remnant properties in that area. 12-20-73 r 1 • ■ 111111 rrrowr Upon being seconded by Mr. Reboso the motion was adopted by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Mummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Reboso, in casting hie vote stated there was no doubt in his mind that the R-2 zoning in this area should be changed, and that there should be no residential uses permitted in the area. Reverend Gibson moved to request the City administration to notify and consult with the Metropolitan Dade County Commission and the Dade County Port Authority to obtain their recommendations on all matters which relate to the Miami International Airport and surrounding properties. Upon being seconded by Mr. Reboso the motion was adopted by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 3. CONTINUED WAIVER OF PARKING SPACES - APT. FOR ELDERLY - 2934 NW 17TH AVE: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-998 A RESOLUTION GRANTING APPROVAL FOR CON- TINUED WAIVER OF 144 OF 191 REQUIRED OFF-STREET PARKING SPACES, FOR A PERIOD OF ONE (1) YEAR FROM THIS DATE, AS PRO- VIDED BY ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 2(3), ON TENTATIVE PLAT NO. 642-A, E.D.C. SUBDIVISION, APPROXIMATELY 2934 NW 17TH AVENUE, IN CONJUNCTION WITH CONSTRUC- TION OF 151-UNIT APARTMENT FOR THE ELDERLY, ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND C-4 (GENERAL COMMERCIAL) DISTRICTS; PROVIDING FOR AUTOMATIC ONE YEAR RENEWAL PERIODS (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 and Mayor Ferre. NOES: None. Reverend Gibson abstaining on the ground that he was a member of the Metro- politan Housing and Urban Development Authority. Mr. Van Rhodes, representing H.U.D., appeared in behalf of the adoption of the resolution. 4. VARIANCE DENIAL - TRACT B, INDUSTRIAL SITES, INC.: An unidentified attorney representing Equities Diversified, Inc. appeared to appeal from an adverse recommendation of the Planning Board on an application for variance to permit construction 12-20-73 of addition to existing warehouse on 'tract B. tnduatrial Sites, Inc., located at 7251 NE 2nd Avenue, waiving landscaping require- inente, site monad I-1 (Light Industrial) District, consideration Of which was deferred at the meeting of December 13th. He stated that an attempt had been made to reach a compromise agreement with the Planning Department as to the location of the landscaping for this parking lot, but it had been unsuccessful. He stated that the sole problem was the location of the trees, and that he felt that the Planning Department's recommendations would create a traffic problem. George Acton, Director of the Planning Department, expressed the opinion that the placement of these trees at the location specified would not create a traffic problem, but would, in his opinion, eventually obscure a general advertising sign owned by the applicant and on which he was leasing space. He stated that a portion of this property was adjacent to the railroad tracks and he would concur with the waiving of the landscaping in that area. A motion to deny the application was introduced by Mr. Reboso, seconded by Reverend Gibson, and passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 5. PARKING LOT LIGHTING REGULATIONS: An ordinance entitled - AN ORDINANCE AMENDING ARTICLE VI ENTITLED "LIGHTING OF PUBLIC AND PRIVATE PARKING LOTS" OF CHAPTER 34 OF THE CODE OF THE CITY OF MIAMI BY DELETING THE DEFINITION OP "LEVELS OF LIGHTING" IN SECTION 34-58 AND SUBSTITUTING THEREFOR A NEW DEFINITION; BY DELETING PARAGRAPHS (b), (c) , (d) , (e) , (f) and (g) OF SECTION 34-59 ENTITLED "DESIGN STANDARDS" AND SUBSTITUTING THEREFOR NEW PARA- GRAPHS (b) , (c) , (d) , (e) , (f) AND (g) AND ADDING PARA- GRAPH (h) PROVIDING FOR AVERAGE INSTEAD OF UNIFORM LEVELS OF ILLUMINATION AND CHANGING THE TEST REPORT AND TIMING REQUIREMENTS; BY DELETING SECTION 34-60 ENTITLED "DATE FOR COMPLIANCE BY EXISTING PARKING LOTS" AND SUB- STITUTING THEREFOR A DATE FOR COMPLIANCE; BY AMENDING SECTION 34-62 ENTITLED "APPLICABILITY OF ARTICLE" TO INCLUDE ALL NON-RESIDENTIAL PROPERTIES AND ALL RESIDEN- TIAL PROPERTIES HAVING FIVE OR MORE DWELLING UNITS; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Fevre. NOES: None. Said ordinance was designated Ordinance No. 8218. 12-20-73 M 1 NNN IMMI rlbNNolu Prior to the introduction of the ordinance the City Manager stated that the administration had Met with Mr. Herbert Simon and other interested persons to discuss this ordinance and that he felt that the problems had been resolved. Mr. Herbert Simon appeared and stated that there were only two points with which he was not in agreement at this time; one, that it should not apply to existing construction; and two, the fact of implementing this ordinance in the face of the energy crisis. Mr. Kenneth Rosen, 3746 West Flagler Street, appeared as a private citizen and property owner and objected to the adoption of the ordinance provision requiring the lighting to remain on all night long in apartment houses, especially in view of the energy crisis. The Mayor suggested that perhaps a cut-off time of one or two o'clock A.M. be inserted in the ordinance rather than re- quiring the lights to be on all night, and the City Manager sug- gested that the ordinance remain as presently written until some experience had been gained, and then perhaps consider a re-evalua- tion of the matter at a later date. He pointed out that all of the City of Miami's street lighting consumed only about eight - tenths of one per cent. of the energy _ used in the City, and that in his judgment the total consumption after the City's street lighting program was completed and this ordinance implemented would be only slightly more than one per cent.. and in his opinion this was a very efficient use of such a small amount of energy. Mrs. Gordon expressed the opinion that the ordinance should be deferred until after the energy crisis was over. Mr. Leo Plotkin, speaking as a property owner in the City of Miami, objected to the retroactive provision in the ordinance. He objected further to the appeal procedures, which he stated did not allow for economic hardships. He expressed the opinion that the ordinance was vague and that it gave broad, indefinable powers to an administrative department. He also objected to the ordinance due to the existing energy crisis. He urged the Commission to defer any action on the ordinance at this time. The City Manager stated that the ordinance contained the same standards as were provided in the South Florida Building Code for new construction. After further discussion it was agreed to leave the ordinance intact as prepared and review it at the end of one year, or earlier if the energy crisis should become more acute. 6. METHOD OF SELECTING APPOINTEES TO THE NEW PLANNING AND ZONING BOARDS: The Commission entered into general discussion as to the method which it should employ in the selection of members to the new Planning and Zoning Boards later in the meeting. 12-20-73 1 Mr. Plummer called attention to what he considered an inade- quacy in the basic ordinance and offered a motion directing the Department of Law to prepare and present to the City Commission an amendment to the existing ordinance establishing new planning and zoning procedures for the City of Miami which will increase from five to ten days the period of time allotted for the city clerk to re- ceive recommendations for new appointees to the Planning Board and Zoning Board, process them and present them to the City Commission for action. Upon being seconded by Mrs. Gordon the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Plummer expressed the opinion that in the future all pros- pective appointees to these boards be afforded an opportunity to comebefore the Commission and introduce themselves in order that the Commission would not be placed in a position of selecting mem- bers based merely•on correspondence. 7. REQUEST FOR REINSTATEMENT OF NIGHT CLUB LICENSE - WALT MILLER CLUB 17: Mr. James 0. Nelson, representing Walt Miller Club 17, ap- peared in connection with a request to reinstate night club license. The City Manager stated that this was an unusual situation and should first be attempted to be resolved by the City Attorney and the City Manager, and if it could not be so resolved it would be a matter for the City Commission and/or the courts to decide. Mr. Nelson urged the Commission not to impose any of the pen- alties provided for in this matter until after an attempt had been made to resolve the matter, to which the Commission and the City Manager, as well as the City Attorney, agreed. 8. REQUEST FOR EXTENSION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS, DECEMBER 23RD AND DECEMBER 30TH: Mr. Henry Catena, representing the Latin Chamber of Commerce, appeared to request that the Commission extend the hours of sale for alcoholic beverages on the Sundays preceding Christmas and New Years for beer and wine only by grocery stores. The City Manager called attention to the fact that the Commis- sion had already extended the hours of sale of alcoholic beverages on Christmas Eve and New Years Eve. The City Attorney stated that this would require an amendment to the City's existing ordinances with respect to hours of sale of alcoholic beverages. and could not be done by the mere adoption of a resolution. The matter was considered later during the meeting. 9. CITY COMMISSION MEETING PLACES - ESTABLISHING ALTERNATES: An ordinance entitled - AN ORDINANCE AMENDING SECTION 2-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, BY REPEALING SUBSECTION 2..8 THEREOF, AND SUBSTITUTING A NEW SUBSECTION 2-8 PROVIDING FOR THE DESIGNATION OF A PRIMARY MEETING 7 12-20=73 re q.nwuau1MwuxtISINKUeW 111114u ,1111110op.4q1ll!IRI J I PLACE FOR THE CITY COMMISSION; PROVIDING FOR A NEW TIME AT WHICH MEETING SHALL COMMENCE; FURTHER PROVIDING THAT ALTERNATE MEETING PLACES MAY BE DESIGNATED PRO TIME TO TIME BY RESOLUTION was introduced by Mr. Plummer, seconded by Reverend Gibson, and passed on its first reading by title by the following vote AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. In response to a question by the Mayor, both the City Manager and the City Attorney stated that they approved of the proposed ordinance. 10. PARKING GARAGE RATES: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 7414, AS AMENDED, BY INCREASING CERTAIN DESIGNATED PARKING RATES AT PARK- ING GARAGES NO. 1, 2 AND 3, AND PARKING LOTS NO. 33, 34, 36, 38, LOT NO. 19, LOT NO. 18, AND LOT NO. 10; PROVIDING FOR AN EFFECTIVE DATE; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; DECLARING THIS ORDINANCE TO BE AN EMER- GENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer and seconded by Mr. Reboso for adoption as an emergency measure and dispensing with the requirement of read- ing the same on two separate days, which was agreed to by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8219. 11. MODEL CITIES AREA RESIDENTIAL CONSTRUCTION GUIDELINES: An unidentified person appeared and stated he desired the Com- mission to withdraw from its agenda a resolution setting forth the guidelines relating to the construction of residential units in that portion of the Model City area lying with the corporate limits of the City of Miami; providing for the review of all plans for residen- tial units by the Model City Board; providing for the issuance of per- mits upon approval in writing from the Model City Board; and further providing for review by the City Commission when the Model City Board disapproves such construction. He expressed the opinion that this matter should be deferred until conditions in the area had changed. After brief discussion, on motion of Mr. Plummer, seconded by Mr. Reboso, it wap unanimously agreed to defer this matter indefin- itely. 12. VARIANCES - TIME LIMIT FOR RECONSIDERATION: An ordinance entitled - 12-20-73 R AN ORDINANCE AMENDING ORDINANCE NO. 8198 BY ADDING A NEW SUBSECTION 3 TO ARTICLE XXXI, SECTION 3, PROVID- ING THAT IF A PETITION FOR VARIANCE BEFORE THE ZONING BOARD IS DENIED NO NEW PETITION FOR THE SAME TYPE OF VARIANCE SHALL BE CONSIDERED BY A PERIOD OF ONE YEAR; PROVIDING FOR THE EFFECTIVE DATE; PROVIDING FOR A SEVERA- BILITY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENTS OF FLORIDA STATUTE 166.041 (3) (a); AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mrs. Gordon and seconded by Mr. Reboso for adop- tion as an emergency measure and dispensing with the requirement of reading the same on two separate days, which was agreed to by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mrs. Gordon, seconded by Mr. Plummer, adopted said ordinance by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Said ordi- nance was designated Ordinance No. 8220. Harris Turner, Assistant City Attorney, stated that this was for the purpose of correcting an oversight in the existing ordi- nance. 13. ART IN PUBLIC BUILDINGS: An ordinance entitled - AN ORDINANCE RELATING TO ART IN PUBLIC BUILDINGS; REQUIR- ING THE ACQUISITION OF WORKS OF ART TO BE INCLUDED IN ALL BUILDINGS HEREAFTER CONSTRUCTED BY THE CITY OF MIAMI; PROVIDING DEFINITION OF WORK OF ART; PROVIDING WAIVER OF REQUIREMENTS; PROVIDING SELECTION OF ARTISTS BY CITY MANAGER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE was introduced by Mr. Plummer, seconded by Mrs. Gord on, and passed on its first reading by title by the following vote - AYES: Mrs. Gordon Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Reverend Gibson absent at roll call. Mrs. Gordon suggested that a committee be established to ad- vise the City on matters of this type, and requested the City Attorney to prepare the necessary legislation to accomplish such purpose. 14. SOCIAL SECURITY - EXCLUDING PART-TIME EMPLOYEES: An ordinance entitled - AN ORDINANCE AUTHORIZING A CHANGE IN THE CITY OF MIAMI MODIFICATION TO THE SOCIAL SECURITY COVERAGE AGREEMENT OF THE STATE OF FLORIDA WITH THE FEDERAL GOVERNMENT FOR THE PURPOSE OF EXCLUDING PART-TIME EMPLOYEES (AS DE- FINED HEREIN) FROM SOCIAL SECURITY COVERAGE, EFFECTIVE JANUARY 1, 1974; AMENDING SEC. 41-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ACCORDINGLY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CQNFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE 9 12- 20 - 73 SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer and seconded by Mrs. Gordon for adop- tion as an emergency measure and dispensing with the require- ment of reading the same on two separaae days, which was agreed to by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Reverend Gibson absent at roll. call. Whereupon the Commission, on motion of Mr. Plummer, seconded by Mrs. Gordon, adopted said ordinance by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Reverend Gibson absent at roll call. Said ordinance was designated Ordinance No. 8221. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-999 A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER IN APPLYING TO THE STATE OF FLORIDA DEPARTMENT OF ADMINISTRATION FOR AN EXEMPTION FOR THE CITY OF MIAMI SOCIAL SECURITY COVERAGE ON PART-TIME EMPLOYEES (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, Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 15. DINNER KEY MARINA - SANITARY PUMP STATION: The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-1000 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ISSUING TO THE SOLE VENDOR A PURCHASE ORDER FOR A COMPLETELY SELF-CONTAINED SANITARY PUMP STATION FOR USE AT DINNER KEY MARINh ALLOCATING FROM THE SANITARY SEWER BOND FUND THE AMOUNT OF $1, 385 TO COVER THE COST OF THE UNIT AND SPARE PARTS; AND AUTHORIZING THE UNIT TO BE INSTALLED BY CITY FORCES (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mrs. Gordon suggested that the City Manager attempt to find a suitable location for a facility of this kind to serve the Miami River, to which the Commission unanimously agreed. 12-20-73 Iu ) The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO, 73.-1001 A RESOLUTION ALLOCATING FUNDS TO COVER PROJECT EXPENSE AND INCIDENTAL EXPENSE FOR'THE JOB ENTITLED "INSTALLATION OF SANITARY PUMP STATION AT DINNER KEY MARINA" (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: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 16. PROPOSED CHARTER AMENDMENT - FILLING OF VACANCIES ON CITY COMMISSION: The following resolution was btroduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-1002 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI (CHAPTER 10847, SPECIAL ACTS OF FLORIDA, 1925, AS AMENDED FOR THE PURPOSE OF PROVIDING THAT IF ANY ELECTED POSITION (ELECTED BY POPULAR VOTE OF THE ELECTORS OF THE CITY OF MIAMI) BECOMES VACANT SUCH VACANCY SHALL ONLY BE FILLED BY AN APPOINTMENT FOR A PERIOD OF TIME TERMINATING AT SUCH TIME SUCH VACANCY IS FILLED AS THE RESULT OF AN ELECTION HELD AT EITHER (1) THE ODD YEAR CITY OF MIAMI GENERAL ELECTION AT WHICH ELECTION THE MAYOR AND TWO COMMISSIONERS ARE ELECT- ED, OR (2) TEE EVEN YEAR STATE OF FLORIDA GENERAL ELECTION AT WHICH ELECTION NATIONAL, STATE AND COUNTY OFFICES ARE FILLED (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 12-20-73 11 -; 11Y11Y.WY11 17. PROBTXTUTION. , - PROPOSED . PENALTXES : It was agreed to defer a proposed ordinance establishing penalties for prostitution. 18. COMMITTEE_ ON ECOLOGY AND BEAUTIFICATION. APTG MRB. ANGEL BRADLEY: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION N0. 73-1003 A RESOLUTION APPOINTING MRS. ANGEL BRADLEY AS AN ADDITIONAL NEW MEMBER TO THE CITY OF MIAMI COMM- ITTEE ON ECOLOGY AND BEAUTIFICATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the Lresolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 19. PURCHASE GRASS SEED - DEPARTMENT OF PARKS AND RECREATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1004 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,710 ON AN EMERGENCY BASIS FOR THE PURPOSE OF PURCHASING 2000 POUNDS OF MANHATTAN GRASS SEED ON THE BASIS OF INFORMAL QUOTATION DUE TO ONLY SOURCE OF SEED AVAILABLE BECAUSE OF THE EXTREME SHORTAGE OF THIS TYPE OF SEED AND THE URGENCY OF PLANTING THIS SEED FOR THE DEPARTMENT OF PARKS AND RECREATION (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 1111 III ill 11111111iY 12 DEC 2 01973 20. ACCEPT HIGHWAY _ RIGHT _OF. WAY. DEED -_.DON G. ROMER $ CHARLENE ROMER The following resolution was introduced by Reverend Gibson who roved its adoption: RESOLUTION NO. 73-1005 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY DON G. ROMER AND CHARLENE H. ROMER HIS WIFE, CONVEYING FOR HIGHWAY WIDENING A STRIP OF LAND ALONG S. W. 38TH AVENUE BETWEEN 5. W. 28 AND S. W. 29 STREETS; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 21. ACCEPT COMPLETED WORK - EDISON AND WYNDWOOD PARKS BASEBALL BACKSTOPS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-1006 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FENCE MASTERS, INC., AT A TOTAL COST OF $6,796.48 AND AUTHORIZING A FINAL PAYMENT OF $1,187.68 FOR THE EDISON AND WYNDWOOD PARKS - BASEBALL BACKSTOPS - 1973 (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 DEC 201973 i 22• ACCEPT COVENANT : �,.y., � .THE 4_BANK�OF MIAMI,,,+, The following resolution was introduced by Reverend Gibson Who moved its adoption: RESOLUTION NO. 73-1007 A RESOLUTION ACCEPTING THE DECEMBER 7, 1973 COVENANT TO RUN WITH THE LAND FROM THE BANK OF MIAMI; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferro. NOES: None 23. DENYING CERTAIN CLAIMS The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO.73-1008 A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS WHEREAS, claims have been filed against THE CITY OV MIAMI for personal injuries and/or prop.:rty damage by cno claimants listed in Section 1. of this Resolution; and WHEREAS, upon receiving notices of claim, said al:.tcers were investigated by the office of the City Attorney; WHEREAS, the City Commission of the City of Miami has been fully advised by the City Attorney relative to s:•i c. claims; 14 DEC 201973 mcgr- NOW4 'REFORE‘ BE IT RES©L 'I'liB CQMMISSIO uk THE CITY OF MIAMI, FLORIDA: section 1. That the claims of Abode, Inc. (Pile VC-71-245) Aetna Life & Casualty - Paul N. Howard Co. (File VC-72-11) Allstate Insurance Co. - Fred C. tlrfer (File VC-72-227) American Motorists Insurance Co. - Isla del Mar (File VC-73-228) Andress, Elizabeth (File VC-71-227) Angelton, Penny (File VC-72-291) Ben, Arthur (File VC-72-232) Bentley, Mrs. Twyman (File VC-72-155) Brown, Sherman (File VC-72-130) Brunson, Jannie (File VC-73-98) Casales, Jorge (File VC-71-283) Cascio, Theresa (File VC-22-71) Cave, Ezekiel (File VC-73-152) Chinners, Tracy (File VC-71-180) Cohen, Leah (File VC-71-270) Daddona, Martha (File VC-72-308) DeRaphael, Jose (File VC-72-77) DeYoung, Patricia (File VC-72-25) Diers, Augusta (File VC-72-167) Dunlevy, Sandra (File VC-73-182) Fajardo, Ana .(File VC-73-201) Febles, Jose A. (File VC-72-84) Flitman, D. Blake (File VC-73-241) Florida Power & Light Co. (File VC-71-152) Florida Power & Light Co. (File VC-71-252) Florida Power & Light Co. (File VC-72-2) Florida Power & Light Co. (File VC-72-57) Florida Power & Light Co. (File VC-72-107) Florida Power & Light Co. (File VC-72-191) Florida Power & Light Co. (File VC-72-252) Fulton, Martha Alane (File VC-73-69) Gaines, Rufus (File VC-71-175) Gatta, Laura (File VC-73-44) Gattozzi, Ruth (File VC-73-151) Gillman, Marvin - Henry Gillman (File VC-72-270) Goldsberry, William (File VC-72-160) Govantes, Alfredo (File VC-71-223) Government Employees Insurance Co. - Edward F. Rexach (File VC-72-184) Hanley, Alphonso (File VC-71-278) Hernandez, Effie (File VC-73-24) Hollbrook, Robert (File VC-71-235) Hugger, Thelma (File VC-71-241) Jimenez, Delia (File VC-73-126) Kabbaby, Charline (File VC-72-201) Kazemir, Stephen (File VC-72-7) Kenney, Kathryn (File VC-72-13) Kirstall, Adrienne (File VC-73-63) Knight, Mrs. W.F. (File VC-72-72) Kogar, Emma (File VC-71-264) Lee, Charles E. (File. VC-71-259) Lieberman, Michael J. (File VC-73-193) Lombardo, Carlos (File VC-71-282) Love, Joseph (File VC-72-96) Lyon, Norman (File VC-72-162) Mann. Agnes (File VC-72-29) McBarron, James .(File VC-73-169) McCray, Robert (File VC-71-237) i nFf 2fl1971 McKe to, Mignon Allison (Fi•72�202) McViclr, C- Archie (Pile VC-�72-145 Moynahan, Mrs. John (File VC-72-307) Mulcahy, Lucille (File VC-71. 260) Mullins, JL.g. (Pile VC-72-113) 011inger, Jo -Anne (Pile VC-73-178) Perdew, Mrs. N.L. (File VC-71-221) Ramon, Guillermo (File VC-73-215) Rath, Marilyn (Pile VC-73-19) Rexach, Edward (File VC-72-146) Rolle, Daisy Lee (Pile VC-72-219) Rudick, Ruby (File VC-72-142) Russo, Mark (File VC-72.4) Salzman, Daniel (File VC-72-20) Schultz, Vera (File VC-72-178) Shilliday, Donna (File VC-72-14) Shooter, Mrs. Vanrea (File VC-72-185) Sierra, Efrain (File VC-72-294) Simmons, John (File VC-71-256) Smith, Clarence and Viola (Filo VC-73-224) Smith, Vincent J. (File VC-70-232) Stephens, Everld (File VC-72-225) Stillman, Mrs. Charles (File vc-72-161) Strong, Wilfred (File VC-72-208) Stuart, Cleveland (File VC-72-269) Tacon, Anthony (File VC-72-34) Travieso, Hector (File VC-72-299) Valcin, Andre (File VC-72-214) Weissman, Ezriel (File VC-72-112) Whalen, Kathleen (File VC-72-255) Wheelers, Melvin (File VC-71-248) Wilson, Melva (File VC-72-278) be and the same are hereby denied. Section 2. That the City Attorney is hereby authorized and directed to defend any suit brought for the recovery of damages by the person or persons enumerated in Section 1. hereof. PASSED AND ADOPTED' this day of . •‹ , 1973. PREPARED AND APPROVED BY 1 : •� _� • {' 4.11C. _ Robert F. Clark, Asst. City Attorney APPROVED AS TO FORM AND CORRECTNESS: /., /, . ;.:� . John S. Lloyd, City Attorney 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 16 DEC 201973 24. CIT _ NANAGAR' bAMEIVE, PROPOSALS POR_ D N .SC( REBOA D f ACILIT.If S_ AT THE ORANGE BOWL STADIUM The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-1009 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO RECEIVE PROPOSALS FOR NEW MODERN SCORE- BOARD FACILITIES AT THE ORANGE BOWL STADIUM (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 2S. NEGOTIATE WITH MANAGER FOR FOOD 4 BEVERAGE CONCESSION AT CITY OF MIAMI - MIAMI .3PRIRGS GOLF COURSE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1010 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH THE MANAGER OF THE FOOD AND BEVERAGE CONCESSION AT THE CITY OF MIAMI- MIAMI SPRINGS GOLF COURSE CLUBHOUSE TO CONTINUE AS MANAGER ON JANUARY 1, 1974, AND UNTIL THE CITY OF MIAMI CAN EXERCISE AND RECEIVE PROPOSALS FOR LEASING OF THE FOOD AND BEVERAGE CONCESSION AT THE 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 and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 17 DEC 201973 26. WAIVE RENTAL FEE = BAYPRONT PARK AUDITORIUM RA AXLIZAII th$ . QkbatflI}4GS U. S. DtgTRICT COURT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION N0. 73-1011 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF THE BAYFRONT PARK AUDITORIUM ON JANUARY 3, , MAY 2, AUGUST 7 AND SEPTEMBER 4, 1974 BY THE NATURALIZATION COMMITTEE OF THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, FOR NATURALIZATION PROCEEDINGS, SUBJECT TO PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY (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 27. AGREE TO CONTRIBUTE $1,500 WITH DADE COUNTY FOR ORANGE BOWL FLOAT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-1012 A RESOLUTION AGREEING TO CONTRIBUTE THE AMOUNT OF $1,500, TO BE JOINED BY METROPOLITAN DADE COUNTY IN AN EQUAL AMOUNT, FOR THE PURPOSE OF CONSTRUCTING FLOATS TO BE USED IN THE FORTHCOMING ORANGE BOWL PARADE (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 18 DEC201973 26. ADDITIONAL APPOINTMENTS_. COMMITTEE ON DAY CARE FOR THE PAAGatintRAN The following motion was introduced by Mr. Reboso who moved its adoption: A MOTION DESIGNATING FRANCISCO GONZALEZ AND ANGEL ALV'ARBZ AS MEMBERS OF THE COMMITTEE ON DAY CARE FOR THE FRAGILE ELDERLY 29. EMERGENCY_ TELEPHONE NUMBER - "911" Mayor Ferre: Who wants to speak to this. Mr. Andrews? Mrs. Gordon: Didn't I read that this whole thing had been withdrawn? By Southern Bell? Mr. Plummer: That is correct. It was withdrawn after the ratification of this Commission. This is merely putting the Commissions intentions in formal writing, that's all. Mr. Andrews: Yes and we were very careful in the construction of this because the Commission in expressing itself wanted to assure the public that they were in support of the 911 system in concept and this does that but also serves as a caution that the City of Miami is going to become involved in the operation of 911. Mr. Mayor, I want to stress the Commission's position on this 911 that they were absolutely in favor of the 911 concept and this resolution does that but it does address itself to the appropriate manner in which this should be implemented and I think this is going to turn out extremely well for the community after proper attention is given to the whole matter of 911. Mayor Ferre: Mr. Andrews, I wrote a memorandum to you November 21 wherein I outlined my personal opinion of emergency telephone 911. Now what I said was that we were in favor of it but we had to main tain the ability to dispatch emergency vehicles within the juris- diction of the municipal fire and police department of the City of Miami and secondly so that we would have clear records as to what and when was received, the time it took to deploy units etc,. for identification purposes that proper records must be kept up to six months. I notice that this resolution does not include that and I Would like to insert that. Mr. Andrews: Mr. Mayor, may I just consult with Mr. Lloyd for a minute. Mayor Ferre: While you are doing that, consult with him on a 3rd matter which is that I want Southern Bell's commitment that event- ually we are heading for an automatic system ala New York. Mr. Andrews: May I ask that the Commission adopt this resolution this afternoon and Mr. Lloyd will insert that provision in the resolution . Its so important that it should be all written and presented to you. Mayor Ferre: Mr. Andrews: Mayor Ferre: Do you want to defer this until this afternoon? Yes. And you will add those provisions to this? Mr. Andrews: Mr. different title. If the Commission I can say Lloyd has what you wanted with a slightly accepts the title as prepared per your memorandum, 9 DEC 201973 Mr. Lloyd: Apparently your honor there was a slight lack of coordination. This resolution is appropriate and the resolution I prepared was pursuant to your memorandum and I wasn't aware that Mr. Andrews was also preparing one and we can use this title and have the body prepared by this afternoon and have everything incor- porated your honor wants and have it ready. Mayor Perre: Itsm 30 is deferred until this afternoon. 306 ESTABLISH DATE FOR PUBLIC HEARING PROPOSED RATE INCREASE FOR TAXICABS OPERATING IN THE CITY OF MIAMI Mr. Strumson: Mr. Mayor, I represent South Florida Taxicab Assoc- iation and all the taxicab operators in the City of Miami except Diamond Cab. We would like to request that the hearing be set for January loth Sir, because of the crisis being faced by the taxicab industry as a result of the fuel crisis and price increase. We had notification today that there would be an additional 25% price increase in fuel. Mayor Ferre: Unfortunately - Mr. Andrews do we have the space on the January 10 agenda to put that in? Mr. Andrews: We are going to have a long agenda I know. If the Commission feels that - Mayor Ferre: Let me point out that I would hope that this hearing is not going to be just, and you may not what to hear what I am going to tell you in a moment but this is going to be a lot more than just the .rate increase hearing. We are going to talk about deadheading, we are going to talk about the jurisdiction of the County and I want to get in depth on all these items on deadheading and your people better come prepared to answer questions on efficiency, licensing and on deadheading, on Miami Beach. The .relationship between our licensing procedures and Miami Beach and the deadheading that may or may not be going on in the community and county jurisdiction etc and so are you sure you want this on the loth? Mr. Strumson: We do need to have early action Mr. Mayor and we ask that is be considered as an emergency measure on the lOth- Mayor Ferre: My personal opinion is that we don't have time on the loth unless you want to make room for it. Mr. Andrews: Mr. Mayor, the thing that concerns me is that it goes right smack through the holiday period and I am afraid that is is not going to get the attention that the public would like and that was the reason the 24th date was chosen so there would be ample notice time an d while I realize its critical, I think its important enough that you wait until the 24th rather than do it on the loth. Mayor Ferre: What is the opinion of the Commission? Mr. Plummer: Well I don't see how we have any room for argument when the man says he can't be prepared. May I offer a suggestion now in fairness to everyone? If you intend at the hearing to expand on this, I think you should expand it now in the public notice. The resolution we pass directs itself only to the rate increase so if you plan on expanding this public hearing to include other things, I think you better include it now. Mayor Ferre: Okay, I have just done that. It has to be in the form of a motion I guess. Mr. Plummer: Its a resolution. Mayor Ferre: Is there disagreement with what I just stated? 20 DEC 20197 Mr. Plummer: There is no disagreement but the only thing is that I don't want some cab company on the 24th to come up and say, we didn't know. The only thing we were talking about ',was the rates. Mayor Ferre: Okay, you made your point and I agree. The question is procedurally now. Is that all we have to do is so inform and have included in the public notices. Mr, Lloyd: That is all you have to do. Mr. Strumson: Mr. Mayor, may I request these items of inquiry be handles as separate agenda items inasmuch as the dire need for an immediate rate increase is not in anyway - Mayor Ferre: I think it all fits together. Mr. Strumson: I am satisfied that we are prepared to answer any questions that the City or the Commission - Mayor Ferre: I know you are and I think its important that we not approach this in any way negatively. Mr. Andrews: The City Commission is extending itself by making an exception by having this hearing out of order of the normal twice a year hearings and I think - Mayor Ferre: Look, I want to point something out to you. I have a file this thick of people commenting and its so full of inaccuracies and full of mistakes, so full of foolishmenti. of people just talking from the top of their head that I think it is important that we document these so that when we talk about these matters, we talk about them accurately and that is the purpose of this type of a public hearing, you understand? I want all the facts to come out so that when we make judgments and other people like to write about some of these things editorially and want to comment on them, that they make their judgments based on facts so they can refute the facts as presented before this Commission. I am going to be asking you and I want specific answers. I want to know about deadheading. I want to know about licensing procedures. I want to know how this affects other parts of this community. I want to know and that all has to be part of this rate hearing. Mr. Strumson: All right Sir. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1013 A RESOLUTION ESTABLISHING THE PUBLIC HEARING DATE OF JANUARY 24, 1974 FOR THE PURPOSE OF HEARING A PROPOSED RATE INCREASE FOR TAXICABS LICENSED TO OPERATE IN THE CITY OF MIAMI; THE QUESTION OF "DEADHEADING", LICENSING PROCEDURES, AND THE EFFECT OF THESE MATTERS ON OTHER PORTIONS OF THE COMMUNITY (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 21 0EC201973 31, TRANSFER REAL PROPERTY Of THE CITY ELS' LOT 3. BLOCK 5-KENWOOD The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1014 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO TRANSFER THE FOLLOWING DESCRIBED REAL PROPERTY OF THE CITY OF MIFMI TO J. R. SANDERS, THE HIGHEST ACCEPTABLE BIDDER; THE EAST 15 FEET OF LOT 3 in BLOCK 5 OF KENWOOD, ACCORDING TO THE PLAT THEREOF RECOR- DED IN PLAT BOOK 6 AT PAGE 134 OF THE PUBLIC' RECORDS OF DADE COUNTY, FLORIDA (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 321 CHARLES IVES CENTENNIAL FESTIVAL - PERSONAL APPEARANCE BY F. WARREN O'REILLY Mr. O'Reilly: I did have the pleasure of appearing before the Commission once before but at the time the Commission was very much involved in a discussion of the former city manager's affairs and I am afraid we didn't have ample time. I am here to tell you that we have achieved a marvelous amount of community support from other areas of the community. The Metro Commission has provided financing for the festival, $15,000 spread over a 2-year fiscal period. The Tourist Development Authority 1-year this morning, over in Miami Beachbvoted us a sum of $5,000 even though most of the events will not take place in Miami Beach at all but over here in Dade County Auditorium, Gusman Hall, Vizcaya and other auditoriums in the City of Miami. Mayor Ferre: Mr. Andrews, have you discussed this with Mr. O'Reilly? Have you gotten into this whole matter? Evidently both the County and the T.D.A. have allocated monies for this - Mr. Andrews: Yes and let me explain. We went into this one when we were going through the budgetary processes or time periods shortly thereafter. Lets start out that the County has made a contribution to the Bicentennial program and the City has made a contribution of $8,500. The County has subdivided their $25,000 so that $7,500 of these funds could be made available to operate this festival. What I want to point out is that the City of Mlami is represented in those funds of the County by about 251. We are already making a contribution to this matter through the County and I can't recommend that the City Commission appropriate any additional funds for this program. 22 DEC 2 01973 Mayor Ferre: Mr. Andrews: 'Mayor Ferre: All right, that is your recommendation? Yes Sir. all right Mr. Reilly. Mr. O'Reilly: Well I would like to point out that we applied extensively for federal and state funds. We received one grant already from the Florida Fine Arts Council for the initial planning year of $5,000 and we expect more in the actual year of operation and further we expect additional monies from the National Foundation of Arts $ Humanities. Both of these areas of funding are matching fund situations which must be matched and I need not remind you that depth and scope of community support from the various units within greater Miami impresses these people tremendously and leads to more favorable consideration of our application to them. I wanted to bring along to show you the fact that there are a great many recordings already from everywhere of Charles Ives's works. Mayor Ferre: Mr. O'Reilly, you don't have to convince anyone I am sure of the great historical value and the importance of Charles Ives to this country and to the music history of this country. The problem as the Manager has expressed is that this City of Miami Commission is very very hard pressed for funds. We are way behind many social activities and matters of benefit to the overall community. As a matter of fact, we have even raided if you will recently some of these programs and placed them to strengthen the police department because of the problem we are having in our midst. What the manager is saying is that we just don't have the money. We have to take it away from some other program and at this point, he doesn't see what program we could take it away from and he wants to point out that this City of Miami constitutes 25% of the overall Dade County Community, of the $15,000 you got, 25% of that comes from the citizens of Miami. Mr. O'Reilly: Yes sir and I also wish to remind your honor and members of the Commission that in spite of this fact, we have received additional contributions from the City of Miami Beach - Mayor Ferre: No, not the City of Miami Beach - Mr. O'Reilly: Well the Tourist Development Authority. Mayor Ferre: I guarantee you if we had a Tourist Development Authority funded the way Miami Beach does theirs, we would be happy to do that, we would be in all kinds of programs that are worth while like this. Mr. O'Reilly: And furthermore, the City of Coral Gables which claims to have the same budgetary problems you have if not more, found a way to make a contribution to the festival. Mayor Ferre: How much did the City of Coral Gables - Mr. O'Reilly: $1,000. Because they wanted to make this a unanimous thing and have an additional contribution in the name of the City of Coral Gables, in addition. Mayor Ferre: I'll tell you, I am all in favor of helping this program and I wish Mr. Andrews you could review to see if somewhere along the line we could find a couple of thousand dollars. Mr. Andrews: The way we might be of assistance to them is if we can get together is through our Department of Publicity and have in kind services we could provide through the Publicity Department. Mayor Ferre: You get into this and come back and report to us by January 10th if there is any way we can be of help. Mr. O'Reilly, I don't want to act discouragingly to you because you are doing a wonderful job and it is a very very important thing and I think the City of Miami should be involved somehow and part- icipate and help. Please Mr. Andrews look into this further and report back to the Commission. 23 DEC 201973 33 , Mr. Calhoun: The Coconut Grove Civic Club and the Tigertail Assoc- iation and the Bayshore Homeowners Association and myself as a citizen have been deeply concerned for some time- Mayor Ferre: Excuse me for interrupting you. Mr. Andrews, did you give Mr. Calhoun a copy of your memo. I think he ought to have the benefit. I apologize to you for not making that available to you before. Commissioner Calhoun requested this a week and a half ago and I requested it a week ago from the Manager and he submitted it today. I frankly haven't even had time to read it because I got it this morning. Mr. Calhoun: Mr. Mayor, I have discussed this before with Mr. Andrews and with others with the City. We are not concerned with the improvement of a traffic situation or getting in and out of 27th Avenue or the possibility of widening here or there. We feel that these plans ought to be reconsidered now with the prospect of saving 2 lanes of pavement as much as we can. If it can be done. We don't want to get into an argument with staff because I am sure that every member of staff connected with it is all for it otherwise it wouldn't be done. What happened in the past is water over the damm. We are concerned with a sincere attempt now without getting into any arguments over what happened in the past or who sponsored it or for what reason, especially so now since we have an energy crisis and really this strip leads to nowhere. It doesn't accomodate traffic from 1 point to another any better than 2 lanes would. You have a dead end of the 4 lanes at each end of the several blocks where you are contemplating it. We feel that we could go over these plans again with a constructive view in mind to see if we could change the plans to eliminate the necessity of having those 2 extra lanes in all spots possible. We would not object to straightening out a situation at 27th Avenue but now especially since we are talking about moving the City Hall to the Downtown Government Center, it just seems foolish, with the energy crisis and what just went on before you where we need money in other places so desparately. We have an asphalt shortage and I don't know how they are going to pave it anyhow. It just seems to me that we could finish this project off and save approximately a million dollars if we put our heads together, all of us, the citizens and staff and thoroughly go over these plans and see what we could stop or what we could add or what we could do to save this street at the present. now if it doesn't work out in the future, we would have no objections. We are not here to object to what may happen in the future on Main Highway. We are here with a sincere desire to try to look into these plans to see if they could be changed and I think if the Commission and the people want them changed, I am sure that staff could sit down with us and we could come up with an agreeable solution. It's just in the past that everytime this question was asked, it was a little uptight. We had elections going on and what have you. Everybody's worrying about what public hearings we had or may not have had but the citizens of these 3 organizations and many more have contacted me as a Commissioner. When I inquired about it down at the County, they said, it is purely a City matter and would rest in the hands of the City Commission. I am here to humbly plead with you to let's get together on this, citizens and staff and see if we can't come up with changed plans that would satisfy all concerned. Mayor Ferre: All right Mr. Andrews, will you address yourself to this specific problem? Mr. Andrews: Mr. Mayor, the only way I can address myself to it is to go back into the history of the project and Mr. Calhoun is - Mayor Ferre: Well do it quickly and come to the point. We don 't have your memo and I don't know if anybody else has read it but I read it and the point you want to make and let's do it quickly, is that there were public hearings - DEC 2 01973 24 Mr. Andrews: Many public hearings - Mayor Ferre: And that this was a matter that was initiated in March 1969 from your memo. We had hearings in 71, July 1971 meeting, Highway District and then confirmed August 9, 1971- Mr. Calhoun: Mr. is no argument on of these citizens what have you did really know about anyone else. Mayor, I don't mean to interrupt you. There it. There were public hearings but because a lot were off on other battles, namely Fair Isle, and not attend these public hearings nor did they them. It was through no fault of Mr. Andrews. or Mayor Ferre: I want to point out that there were no elections during these periods, 69- Mr. Calhoun: Back in August and October, there were and that's when these groups got together and contacted me. Mayor Ferre: I'm sorry. I guess I didn't say that right. What I am trying to say is that when the public hearing was held in 1972, there were no elections. Mr. Calhoun: Well these groups were involved in another matter of quite a magnitude to them and they really didn't get together on it, nor they did not realize the scope of it but that's water over the dam., we would like to sit down now with staff and see if there is some possible way we could save the City, all of us taxpayers, some money and still do the job right and alleviate the fears of a lot of concer. Mr. Wayne Allen, Mr. Tom Stokes are here today and all these people have contacted me and I really haven't found anybody who doesn't want to do this the right way. Mayor Ferre: Well why didn't they contact this Commission in the 3-year period this was discussed? Mr. Calhoun: Apparently Mr. Mayor, each time this was brought up, there was always a battle of what went on before and who was right and who was wrong and as I say again, obviously staff is for this. I'm not denying that. Mayor Ferre: The Commission has been, and its not this Commission, it's previous Commission's, because it goes back to 71, 72, even 69. Mr. Calhoun" I don't think people really realized just exactly what was going to happen and the extent of it or what have you and these things have come out late. It is probably the citizens fault, there is no argument. We are here now not to argue the past. We would like to sit down and see just what can be done to straighten this matter out. Mayor Ferre: Mr. Andrews - Mr. Andrews: Mr. Mayor, addressing ourselves then to what has already taken place, we report in the memorandum that 36 to 40% of the project is completed. The basic problems as far as drainage are concerned and beautifying the area are well underway and its my judgment that if you were to attempt to go back and try to reconcile a change in this matter that the savings would be extremely small in relation to the contract. The contractor is underway with several small sub -contractors all geared up moving ahead and there is no incentive for him other than an arbitrary order on the part of the City to stop the work and alter the plan for something other than what we are constructing and as Commissioner Calhoun is pointing out, certainly we are completely in favor of going ahead with this project as it is. We think it is the doorway to the future modernization of the Dinner Key area, the circulation plan and beautification of the area and of course we think its the right thing to do. Mr. Calhoun: These facts.aie not accurate. It's not 26 or 36% complete. I mean that is the information the contractor is giving but you can certainly walk out there and I am no contractor but 25 DEC 201973 there is no paving going on at all. All they have done is put in a drainage ditch. Mayor Ferre: Correct me if I'am wrong. What you are saying is that the contract is for $1,136,000. What you are saying is that they have done 40% of that value on the job Mr. Andrews: Well they could have done much more than that. 40% of the physical construction needed to carry out the project 401 of the time has been spent but you must remember that the bulk of the work has gone into the drainage systems and they are completed now. Mayor Ferre: It isn't only asphalt that constitutes a road. Mr. Andrews: It's all the work underneath it. The curbs are in place for practical purposes. Mayor Ferre: The point that Commissioner Calhoun is trying to make Mr. Calhoun: This is the argument by the way that we have gotten each time it has been inquired about and I am sure its justified but I still think we need to sit down and really go over these plans. Mayor Ferre: He is saying no matter what has been spent, I think that is really what he is saying is that we should re-evaluate the wisdom of putting a 4-lane road at that location no matter how far gone it is. I don't think we can address ourselves to the savings at this point for this basic reason. We have spent or are committed and Mr. Lloyd would you give us a legal reading on this? Once we let a contract for a million one hundred thirty six thousand and 40% of the work is done, I would assume #1 that we are liable for 40% of the expenditures and #2 that we would have to negotiate if we were to stop. We would have to negotiate with them what we owe them. Mr. Lloyd: Absolutely and of course we could subject ourselves to an action for anticipatory breach of contract unless we could negotiate the contract with the contractors. Mayor Ferre: If the contractor says, no I won't negotiate, I've got a contract and I am going to do the job, He would have to go to Court if we stopped him? Mr. Lloyd: Yes Sir. Mayor Ferre: Let's address ourselves to I think what Commissioner Calhoun, the crux of the matter. As he said, I think history is history and as he has admitted and I think nobody will deny, that this matter has been discussed before the community, not 1 year but 4 years. Not 1 time but a dozen times and we have had advertised public hearings etc. That is not the question nor is the amount of money involved in question because I think it has been clearly spelled out that we have spent x-number and we probably will be liable for more so it is not a matter of saving any money now. It's a matter still of whether nor not the community wants that 4-lane road. I think that is the real crux of the matter. Mr. Andrews: Well there is some more complications and I don't want to prolong the discussion unnecessarily. The Commission created a legally constituted district and the property owners were notified. The property owners have urged the Commission to move ahead with this project and that is one of the reasons it was created. Mr. Calhoun: Yes sir, the main problem there is the net effect of all this is we are building 2 lanes at the taxpayers expense of a parking lot and it may be we should build a parking lot some other way, I don't know but its going to be very dangerous for a citizen to cross 4 lanes anywhere in that particular area. I am just saying, I think we could sit down, spend the same amount of money or save a little, who knows, and change the design of this to accomodate everybody concerned. 26 DEC 201973 Mayor Ferre: Mr. Andrews, why can't you sit down with the citizens that are here and discuss this rather than get into discussions or arguments at the Commission level. Why can't the citizens come in and talk to you and the public works people and discuss this? MR. Andrews: They can discuss it but the Commission has set- Mayor Ferre: With an open mind. Mr. Andrews: All right but the Commission has set direction on this and this is so significant and there is so much money involved and the project so far underway that unless we get some direction from the Commission - Mayor Ferre: All we are saying is you have before you a group of concerned citizens who want to discuss this matter, and they want to sit down with staff and see if there are alternates because obviously I think they deserve the right to go through this whole thing and I think they have the right to discuss it with the staff and I think they deserve the right to be heard before this Commission and if they want us to change direction, that it be discussed and if there is anybody here who wants to move that, I think it ought to happen. These are public citizens. No matter how many times this has been discussed, no matter how many years this has been publicized, I think a group of citizens always have the right to come up before the Commission and try to change the direction of any policy that we have taken in the past. Mr. Plummer: Only one point Mr. Mayor I would like to raise and its not speaking for or against Mike Calhoun and what he has proposed here today - Mayor Ferre: It's not Mike Calhoun now - Mr. Plummer: But he is representing a group of people but Mr. Mayor let me tell you something we have been faced with in the past and I think we should give serious consideration and we might even be moreso concerned in the future. You know how many times we sit here and see people absolutely refuse to bid on city projects. Now you know, if we place a contractor in jeopardy and Mr. Llloyd has hit the head right on the nose. People are going to read about this. They are going to see this and a man before he gives a bid to the City on any future project, I think he is going to think a second time that the City of Miami makes a contract with you and they don't live up to it. I think this has to be considered in the overall. I can remember Mr. Mayor about 3 or 4 times just recently where we got no bids at all on a city project. Mayor Ferre: How many times do you know of and I am not trying to put you or anybody selse on the spot but how many other projects have -we stopped mid -stream? Mr. Plummer: I don't recall any of them. Mayor Ferre: So how could that affect anybody bidding here? Mr. Calhoun: There are such things as change orders. Mr. Plummer: In the future Mr. Mayor, I wasn't referring to this - Mrs. Gordon: Mr. Mayor, to expedite things I would like to move this. That we meet with the committee. That the committee have the opportunity for input and that it be done as expeditiously as possible because we do know that we do have a contract. Mr. Grimm: Mr. Mayor - Mr. Andrews: What you are going to have to do and I will let Mr. Grimm comment briefly on it. If you do this then you are going to have to set some direction then as to the end result of those findings. 27 DEC 201973 Mayor Ferre: No Sir, this is an open-end meeting in which a group of concerned citizens are going to bring to you a series of ideas and recommendations and I would expect for you to listen to them with an open mind, discuss it with them, explain to them, try to compromise if you can. If you can't and do not agree there is no compromise, then come back to this Commission and tell us what has happened and why you have come to your conclusion and then they have an opportunity to object to it and if this Commission so wants to change in direction, I think we can. I am going to tell you Mr. Andrews, that matter came up since I was appointed Interim Mayor and as I recall it had been advertised and we didn't get any bidders, it was readvertised and I finally voted on it and Commissioner Gordon discussed the matter as to the implic- ations. I am going to be very frank to admit to you that I don't know where in the dickens that 4 lane road goes to because at either .Lend it becomes a 2-lane road and I still don't understand why we need to improve a road for h mile and then have it bottleneck into a 2-lane road. I don't see what the purpose of all this is, unless it's beautification. Mr. Grimm: That's part of it Mr. Mayor, but may I - Mayor Ferre: You can beautify 2 lanes just as easily as you can 4. Mr. Grimm: Yes sir, and you can drain it but the development proposed not only on the shore side of Bayshore Drive but for Dinner Key itself in my opinion justifies 4 lanes - Mayor Ferre: What happens when it hits 2 lanes of a mile - Mr. Grimm: It already does that now at Mercy Hospital and Mc Farland Road. We haven't changed that picture Mr. Mayor. Mrs. Gordon: Yes but when will it change and this is the point. I have had as you know, reservations even when the contract was finally let. I have had reservations as the Mayor has right along. Sometimes we have been convinced we have to go because so and so has just been done. I commend you for coming here and speaking up now. It's never too late. I agree. I am with you. Mr. Calhoun: I don't want to get into a big argument with Mr. Andrews, that's not my point but I do think that citizens have a right that if a change is justified, change it,. If it isn't justified, then don't change it. Mrs. Gordon: Well let's look at it again. Mr. Grimm: May I suggest something Mr. Mayor? If we are going to have citizens meet with respect to Bayshore Drive, may E also suggest that we include the people that are affected directly. The property owners in the - Mayor Ferre: I think what you ought to do is advertise it if you want, have everybody meet and discuss this. I don't see anything wrong with this matter beingcdiscussed. That does not mean, and let's make it very clear, lest it be mis- understood, that we are changing direction at this time. That also does not mean that we might not change direction in the future. Mr. Calhoun: If you will be so kind as to let us know when and where the meeting - Mayor Ferre: Can we do it before the January loth meeting? Mr. Grimm: We can try. Mr. Andrews: It's important to get this underway Everyday that goes by something else is happening. Mayor Ferre: Mr. Andrews, the meter is not being is running. as soon as possible. stopped. The meter 28 DEC 201973 Mr. Andrews: It's important we have this gathering then as quickly as possible. Mr. Plummer: Do I understand you correctly that you are not advocating that this go back to a 2-lane? Mr. Calhoun: Not necessarily. I think if you have a traffic problem at 27th or a turn lane and beautification, these are things I am sure that we wouldn't want to stop but - Mr. Plummer: What is your group advocating? That it continue as a 4-lane? Be reduced to 2 lanes? Mr. Calhoun: We don't want 4 lanes. That is just 2 extra lanes that is wasted. It's goin g to be very difficult to cross and it doesn't lead anywhere and anyway we could work around that and get to some conclusions - Mr. Plummer: What you are asking for then is that it remain 2 lane as it is now? That is basically what you are asking. Mr. Calhoun: You can improve the 2 lanes, even make it 3, I don't know whatever is proven out to help the traffic. Mr. Plummer: All right, I just want to understand it properly. Mr. Calhoun: Thank you. 34, PROCLAMATIONS Mayon. Fen.ne pnea ented pn.o ctamatione in xeeognJ.tion o i the Sottowing: A PROCLAMATION DECLARING SATURDAY, JANUARV 5, 1974 AS Geoxge Waah,Lngton Can.ven DAV IN THE CITY OF MIAMI A PROCLAMATION in n.ega*d to CITY UNDER ONE GOD Day ecumen-Lcat 6 eavice to be held eatty in January 1974 34,A BALLOTING PROCEDURE - APPOINTMENTS TO PLANNING ADVISORY BOARD AND ZONING BOARD At this time, the Commission entered into deliberations in regard to the procedures to be followed for the balloting procedures for appointments to the newly restructured Planning Advisory Board and Zoning Board. Thereupon the first printed ballot sheets were distributed to the members of the Commission and the balloting procedure was begun to select members of the Boards. Mayor Ferre inquired if the AIA had recommended any persons for appointments to the Boards. Mrs. Gordon replied we were in receipt of a recommendation from them but that none of their applicants lived in the City and there- fore were not eligible for appointment. Mr. Plummer commented that the names were not furnished in time for perusal by him and that he was unfamiliar with many of the names on the list and therefore could only vote for persons he knew. The first ballots were then turned over to the City Clerk for tabluation. The Commission decided to consider other business while the results were being tabulated. • 35, BID AWARD-D1SCUSSION-LIGHTING_ LNS_tALLATI 4. MIAMI BASEBAL.L.. STADIUM Mr. Plummer: Mr. Mayor, this was deferred at the last ,hearing because of my comments. I don't want to get into a hassle with the City Manager. I think we accept the lowest and best bid, there is also a clause in there that they shall be the most qual- ified bid also. Mr. City Attorney, I.will ask your advice since I am into litigation with this particular company. There is no question as to how I feel. It's my personal opinion and it may be best that I abstain from voting Mayor Ferre: No Sir, I think that unless the City Attorney rules otherwise, I think that everyone that sits on this Commission has an obligation, a duty. If we know something about a contractor that implies that the man is not qualified. You and I discussed this and from what you told me, I think I completely agree with you. I think you ought to go on record and I certainly intend to go on record. Mr. Plummer: You help me Mr. City Attorney. Mr. Lloyd: There is no legal reason for you to abstain. Mr. Plummer: So what you are telling me is that I have got to vote? Well then Mr. Mayor, if I must vote, then I must make the record perfectly clear that this was a company that through a city contract put in street lights in my neighborhood and unfortunately my street light as well as 3 others in my neighborhood were hooked up wrong and I have got electrocuted because of it and I just could not in good faith Mr. Mayor, vote for this company as a qualified company. I am sorry, I just can't do it. I got a scar here to remind me. It's pending in litigation now, is the reason Mr. Mayor. Mr. City Attorney after what I have said, advise me again. I surely don't want, I feel bad because I am saying in fact to the administration spend $3,500 more money but I can't equate that with what happened to me personally. You tell me what to do sir. Mr. Lloyd: My decision still stands as far as that goes Mr. Plummer. There is no legal reason for you not to vote. You have a legitimate reason to vote in any way you see fit. Mayor Ferre: Is there a motion for or against item 37? Mr. Plummer: I will make a motion that the bids be all rejected and put out for additional bids. Paul you know my feeling, I know you don't agree with me. Mr. Reboso: Second. Mayor Ferre: Mrs. Gordon: they come in Any further discussion? Call the question please. A point of information. What if they bid again and lowest again. Mayor Ferre: I think they will get the message. Mr. Plummer: I am dammed, if I do or dammed if I don't Rose, but I just could not vote. Mrs. Gordon: I am not disagreeing with you. I am just asking a point of information. How are you going to handle that? Mayor Ferre: I think this Commission has got a legal right to question the qualifications of contractors and a moral right and I realize this touches on the administration's preroggative to a certain degree but I think that if a member of this Commission has a feeling about incompetency and he expresses it and if the majority of this Commission concurs, we' have a right from a policy point of view to say who will and won't bid on these things. Mr. Plummer: Paul I am sorry to cause you all these problems but you know- 30 Rev. Gibson: Is it that they are not competent or that they made an error in what they did? I would like to hear that. Ir. Plummer: Father, I am not speaking to- Rev. Gibson: No no J.L., Mr. Andrews made the recommendation. I want him to tell us. You knew what J. L. said and you knew how he felt. You knew what happened. I want you to tell me so I could intelligently vote. Is it that they are not competent? Mr. Andrews: They are competent. Rev. Gibson: Or is it that they made an error? Mr. Andrews: I shouldn't express myself in that area. All I can address myself to is that fact that I am recommending this because based on my findings insofar as our city work is concerned, this firm is competent, they are the low bidder, they are qualified, they have done city work in the past. They are now also currently working for the Florida Power and Light Company and they were some time ago. Rev. Gibson: So they must have made an error in the particular work then. Mr. Plummer: I am not speaking to their competency now. I am speaking to their competency now. I am speaking to whether they are qualified. Maybe its the same thing but I know in the past they got their licenses to operate. I just bring to your attention that it wasn't just the one street light in front of my house. They found 3 others I believe in the neighborhood. Rev. Gibson: Did they correct the error? Mr. Plummer: Father you can't ever remove that mark from my arm. Rev. Gibson: No J. L. , what I am trying to satisfy in my thinking is. They must have gone back and discovered what they did was wrong. Mr. Plummer: Yes they have without question and this particular incident occured in front of my house. The city administration forced them to go back and check every installation and that is how they discovered 2 or 3 others that were the same way - wired wrong. Rev. Gibson: Well all right what I am saying is - It isn't that they are not competent. It is that they made an error. There is a lot of difference between competency and error. Mr. Plummer: I agree. Father, please vote your conscience. That is all I can tell you. I know how I am going to vote. How I have got to vote because of how I feel. On roll call, it was unanimously decided to reject all bids on this item and readvertise. 31 DEC 201973 , ACCEPTING PROPOSAL FOR DWAZO MACHINE: The following resolution was introduced by Mr. PiuMMer who Moved its adoption: RESOLUTION NO. 731015 A RESOLUTION ACCEPTING THE PROPOSAL OP GAF CORPORATION TO FURNISH THE CITY ONE car PRINTMASTER 770 DIAZO WHITEPRINT MACHINE'PLUS ADDITIVE ITEMS 1 AND 2 CON- SISTING OF A REAR DELIVERY TRAY AND A SPARE LAMP FOR A LUMP SUM PRICE OF $6,097.301 AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER THEREFOR. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: MESSRS. Reboso, Plummer, Mrs.'Gordon, Reverend Gibson and Mayor Ferre: NOES: None 371 BID ACCEPTANCE - ICE MAKING MACHINE FOR DEPARTMENT OF SANITATION: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1016 A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 26, 1973 OF GRAY PRODUCTS CORP. FOR FURNISHING ONE (1) ICE -MAKING MACHINE FOR USE BY THE DEPARTMENT OF SANITATION AT A TOTAL COST OF $3,329.00 AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER FOR SAME. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: MESSRS. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre: NOES: None 12-20-73 38 BID _ACCEPTANCE.BROCOMMS.S_ IN ENGLISH AND SPANISH: The following resolution was introduced by Mr. Plummer who moved its adoptions RESOLUTION NO. 73-1016A A RESOLtn'YON ACCEPTING THE BID RECEIVED NOVEMBER 27, 1973 FOR FURNISHING ONE HUNDRED AND FIFTY THOUSAND (150,000) FOUR COLOR BROCHURES IN ENGLISH AND SEVENTY- FIVE THOUSAND (75,000) IN SPANISH FOR THE DEPARTMENT OP PUBLICITY AND TOURISM OF EASTERN LITHO AT A TOTAL COST OF $11,960.00 WITH RERUN IN ONE (1) YEAR AT $3,725.00 AND EIGHTEEN (18) NONTHS AT $6,625.00:AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER FOR THE INITIAL AMOUNT. (Here follows body of resolution, omitted here and on file in the City Clerks Office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: MESSRS. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 39, BID AWARD - TREE TRIMMING AND PRUNING Mr. Andrews: I am asking Mr. Mayor, that this be withdrawn. We have come up with some very interesting alternates that we want to explore and come back to the City Commission. Mr, Plummer: On the loth? Mr. Andrews: Yes. 40, REQUEST TO CLOSE S. W. 8 ST. TO S. W. 9 ST,+FRAM 10 PM TO MIDNIOT ON NEW YEARS FQR CELEBRATION Mr. Andrews: The street the individuals and they to take place. Mayor Ferre: Well, then Mr. Andrews: There's no to issue on the - closing we find that we did contact were notified that this meeting was there's no action needed. action needed because we'r�ye not going ,V T !i Mayor Ferre: Well, we're not just going to take if up since there's nobody here to speak for. Mr. Andrews: Then item number 30, involving 911, Mr. Lloyd has the resolution ready for you. 12-20-73 11/ 41. DISCUSSION OF LIQUOR HOURS Mr. Andrews: There was one more item that Commission Reboso asked about dealing about the liquor hours. He asked what action was taken last year in that the grocery stores were given special attention and he was quite correct. They were the City Commission adopt the resolution and two different parts and Mr. Lloyd should discuss that. Mr. Lloyd: We are currently:preparing an amendment to the Liquor Hour Ordinance, which provides that the City Commission may for on special occasions by resolution provide for a change in the liquor hours. The Ordinance is ready. The Resolution is being prepared. At this time it would be appropriate to pass the Ordinance now. I can go get it, if you wish me to now. Mayor Ferre: It.would be appropriate you say? Mr. Lloyd: Yes, it would be passed as an emergency measure, which authorizes the City Commission to do this. Mayor Ferre: All right. I think we heard this long enough, and if there is a vehicle to do it I think all of us feel pretty much the same way. M. Lloyd: Yes sir, there is and I prepared it and I'm giving you a vehicle to do it. Mayor Ferre: Who wants to make a motion? W. Lloyd; Don't make the motion until I have the copies for you because we are waiting for.two Resolutions. Mayor Ferre: All right. What else do we have to talk about? 42, CUBAN MEMORIAL BOULEI(ARD - DISCU $ION Mr. Plummer: Mx. mayor, I ve got two little things here. One of them is an administrative matter. Mr. Andrews I've receives some calls from people in the proximity of the Cuban Memorial Boulevard. Mr. Hays had spoke to these people about the change of signs as directed by this Commission. Has there been a follow up on that. Mr. Andrews: Yes sir --most definitely. M. Hayes can tell you the status of the sign making, but the sign will be identified with S. W. 13th Street on the top of Memorial Boulevard - Mr. Hayes: This was all right with the people that I have dis- cussed it with, that they were basically interested in giving 13th Avenue on top. The county has agreed that when they put the signs back they will put Memorial Boulevard beneath 13th. Mr. Plummer: All right --can we relatively say with ease with- out putting anybody in a jam that this will be done within the next thirty days. 12-20-73 34 • 43, LOCAL BROKERAGE DISCUSSION _.MIAMI CITY EPPLOYEES RETIREMENT SYSTEM AND _ PLAN Mr. Plummer: Mr. Mayor, the other thing Mr. Reboso is not here, but Father Gibson, you in particularly, this is addressing to you. Are you listening? Rev. Gibson: I am. Mr. Plummer: So that I don't get involved and get a finger pointed at me because I fought your cause even though I can't say I was whole-heartedly in favor. I'm going to ask Mr. Andrews to please address himself to that segment of the trustees meeting as it relates to local brokerage. This was an item that Father was very interested in and some rather interesting developments occurred the day before yesterday at the meeting and there's another sched- uled for tomorrow and I said this should be brought to your atten- tion before another hole is put into the roof down here, so Mr. Andrews, you tell him what transpired about that so that I don't get involved. Mr. Andrews: To digest this matter, Mr. Mayor and members of the Commission, this matter of brokerage has taken the forms that the trustees will be responsible for directing the Money Managers. The money managers will have latitude in the selection of the brokerage, howerever, there is one, --you will have to help me with this Mr. Plummer, -- Mr. Plummer: ----Let me get to the point Paul, and you tell me if I'm wrong maybe I can do it quicker this way. Father, it was brought home in fact that local brokerage will never coma in to play, because of the fact that these firma deal direct with the home offices basically in New York. Now this was the sum insub- stance of the feeling of the trustees, that in fact local brok- erage will not come into play, because for example, Merrill Lynch, Fenner Smith Beam, whatever the name of it is. The advisor would contact the New York office which is the home office, and another point before you start screening, another point that has to be well taken is that they don't buy an individual purchase for the City of Miami. They buy for maybe twenty-two (22) people or thirty people and they buy a million (1,000,000) shares, and they get a break and they get a price-by_buying all of these at one time, so that they couldn't direct the brokerage through a South Florida Broker. So I want you to be aware of this that nobody pull any wool over your eyes that's why I'm bringing it up now. Mr. Andrews: Before you comment, may I add just more in- formation so that you are aware of this. We then ask, why is this done this way, and the information we obtain was that the princi- ples of these firma handle these accounts themselves,and the person that goes into a stock brokers office to buy a hundred (100) shares or two hundred (200) shares he may be dealing with the salesman and he receives a commission on those;,.but the person who is, if it's a corporation or a principle owner who owns the seat on the Stock Exchange has the right and does reserve the right to deal in these very large accounts.They're dealt with a substantially lower fee bases then the balance of the company operating as a Stock Broker Office with branch offices in Miami, and other places throughout the country and they call that In -House, In-house Purchasing. 12-20-73 35 And the purchases as Mr. Plummier pointed out is made with more then maybe the ten thousand (10,000) shares that we want.to pur- chase to given stock or five thousand (5,000) or twenty thousand (20,000) is done in great volume at substantially reduced cost to the benefit of the Trust Fund. Rev. Gibson: Mr. Mayor, I want you to hear this because you will have to live with this, -- Mr. Plumper: not going to Rev. Gibson: Mayor Ferre: I would like to correct the minutes that Father is scream, he's going to comment. Right, I want to comment, emphatically, -- Go ahead. Father. Rev. Gibson: I may let them off the hook today, but I promise myself and God, that when they come up for renewal I'll take care of them because, you know what I don't like, let me say this. We paying, let me see you pay a company a very nice fee tc. advise us. What I don't like is that they put that in there. Now if we're dealing with advisors who say to us, you may do this. I think everybody who does business with us especially this staff, espec- ially a company that we pay a good fee, because if it wasn't good they wouldn't be here. They should say to us don't put this in there, it's misleading. Further, I question what you're telling, what you told that trustee, unless I had some men present who are similarly situated who are doing business. I have serious doubts; now I want to make this for the record. I went up to New York to the Episcopal Church Pension Fund, and I talk with them, and for,I want to put this in the record again. The Episcopal Church has perhaps one of the best, if not the best, maybe the thlrd most productive Pension Fund in this country. As a matter of fact it might be interesting for me to make the reference further,that they are the fathers, you know you say Wall Street and Trinity Church. Indirectly you are talking to us. I want up there and I asked the President of the Pension Fund. and you see something,---------. I don't know what that is, but I sure got some great concern, I must say this. I want you to go on the way the way you'rs going, but I'm going to invite at the next meeting, with the permission of this Commission, two or three people, to talk about this thing because I'm not so sure I'm hearing right. You see when I asked Mr. Lang, was that the man's name. Mr. Lang came here first, then Mr. Kruse came. When I asked him the question right there, he stood up there and said yes, you have that right and it would not affect. You see what I mean, affect in my book means it won't hurt it, it won't damage it. You see I don't want an --- You remember what I said to him, when his contract comes up for renewal I'm going to be very pessimistic, because I thought I believe that I was mislead. All he had to do was say to me, Father, that's not the way to do it, that will not accrued to the Pension Fund the maximum production. That's all I'm saying to you,and I say when I deal with people all they have to do is say to me this is what you want to do, but I want to tell you this is what will happen. Just like I had some real concerns about a thing we debated here this morning about with the, Sir what's your name, Sir, Mr. I had some real concern. He said to us if you change this or debate it now you'll hold up the works and this is what will happen. I underdtand that. I feel that Mr. Lang and Mr. Kruse when they stood up there they should have told us that, because I was contending to do otherwise. What I'm putting this Commission on notice is,that I even at this late hour,Theodore Gibson, I'm not speaking for anybody but Theodore, I have some real doubts, so I'm going to leave it at that. And let me add thie as a codicil, if I find out later on that I was mislead, because I'm going to inquire when I go to'New York for the 12-20-73 Board of Trustee Meeting -College. I'm going to the Pension Fund and ask them, and I will be willing to, fly the President down here at my expense. I want them to know how serious and determine I am. I will be willing to fly the President down here at my expense and let him tell this whole Commission, if I feel that I have been sold a bill of goods. Mayor Ferre: That we've been mislead in any way, and I hope that's not the case, and I'm sure it's not the case, but I want to back what Father said. If we've been mislead there's going to be all hell to pay, and you'd better let those people know that -- Mr. Plummer: Well, Mr. Mayor, now let's get one thing straight, because we're going into an entirely different ball game. Once this thing goes into effect the first day of January you aint.going to be telling them nothing. Rev. Gibson: J.L., let me explain. I'm not going to do anything with them right now. I want to make this known, I'll make this retroactive. You•see the city was here before I was born and it will be here when I die, but I'm going to let the record be replete how Theodore Gibson reacts and feels about it, and I'll understand J.L., I understand that proceed to do the business with the city, but Oh Baby. Mr. Plummer: Father,I know how you feel and that's the reason I brought it up here today. I didn't want you to come back at me six (6) months from today and say Plummer, you let them hoodwink me. It's all on top of the table; the record I think now is abundantly clear, and if they don't draw from that conclusion, then you know, so be it. Rev. Gibson: Beautiful. Mr. Plummer: But I just wanted you to know what happened, and I think you're entitled to know, and I think all the members of this Commission who were not at the meeting were entitled to know. Sc, enough said. 44. DISCUSSION - BALLOTING PROCEDURES RESTRUCTURED PLANNING ADVISORY BOARD AND ZONING BOARD The Commission considered the results of the 2nd ballot at this time. 3'1 Oh; 2 451 APPROVAL OP AN EMERGENCYTELEPHONE NUMBER_ FOR MIAMI: The following resolution was introduced by Mr. Plummer who roved its adoption: RESOLUTION NO. 73.1017 A RESOLUTION STATING THE CITY COMMISSION'S POLICY OF APPROVING THE CONCEPT OF "911" AS AN EMERGENCY TELEPHONE NUMBER FOR THE CITY OF MIAMI WHEN SUCH NUMBER CAN BE IM- PLEMENTED WHEREBY THE PEOPLE OF THE CITY OF MIAMI CAN COMMUNICATE DIRECTLY WITH THE CITY POLICE AND FIRE DEPARTMENTS; URGING TWIT AN APPROPIATE AGENCY BE SELECTED FOR BOTH THE CITY AND THE COUNTY TO COORDINATE A STUDY AND DEVELOP A PLAN TO COINCIDE WITH THE STATE-WIDE 911 PROGRAM CURRENTLY UNDER STUDY. (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, Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None HOURS OF SALE BEYOND THE NORMAL CLOSING TIME OF ALCOHOLIC 46, BEVERAGES; An Ordinance entitled: AN ORDINANCE AMENDING SECTION 3-8 OF THE MIAMI CITY CODE BY ADDING A NEW SUBSECTION (h) PROVIDING THAT THE COMMISSION MAY EX- TEND THE HOURS OF SALE BEYOND THE NORMAL CLOSING TIME OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES ON SPECIAL OCCASIONS BY RESOLUTION, PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENTS OF FLORIDA STATUTE 166.041 (3) (a), AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Mr. Reboso 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. Reboso, seconded by Reverend Gibson, adoption said ordinance by the following vote - AYSS: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and ,Mayor Ferre. NOES: None Said ordinance was designated Ordinance No. 8222. 12-20-73 38 47. ' XNG ROOT E wO? SALE,_ OF BEER .AND WINE: The following resolution wag introduced by Mr. Reboil() who moved ita adoption: RESOLUTION NO. 73-1018 A RESOLUTION EXTENDING THE HOURS OF SALE OF BEER AND WINE FOR CONSUMPTION OFF PRE— MISES ONLY ON SUNDAY, DECEMBER 23, 1973 AND SUNDAY, DECEMBER 30, 1973, DURING THE HOURS OP 9:00 A. M. UNTIL 9:00 P. M. (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 48, BALLOTING PROCEDURES - PLANNING & ZONING BOARDS At this time, the Commission deliberated the results of the 2nd Ballot. The Commission considered the matter of those persons who had indicated a preference at the time of their submission of applications for placement on either the Planning Advisory Board or the Zoning Board. It was determined among the finalists that 9 persons had requested the Zoning Board and therefore 2 would have to be eliminated by an additional ballot and placed on the Planning Advisory Board. A 3rd Ballot was then distributed to the Commission to vote for 7 members of the Zoning Board to eliminate the extra two persons who had requested this board. 49. LETTER FROM ALICE WAINWRIGHT Mayor Ferre read the following letter from Mrs. Alice Wainright into the record: "I would like to present to you problems which exist under the existing zoning ordinances which permits the use of a portion of a residence by professional persons such as lawyers, doctors or dentists. The present ordinance as I understand it permits such a use provided the professional persons staff is related to him or her. In other words, wife, daughter, son etc. I know of instances where this relationship does not exist in connection with the use of a residence office, however since I am considering relocating my office to an unoccupied separate wing of my residence and asI employ a part time secretary who unfortunately is not related to me, I would appreciate if if you and the members of the Commission would consider a change in the ordinance keeping all the other requirements in effect except the one pertaining to personnel. I understand that this is a difficult ordinance to enforce in respect to the employment portion of the requirements and therefore it is frequently not complied with. My actual law practice is now a part-time operation. My practice is limited with respect to number of clients and type of cases I handle due to the fact that I am on the State Pollution Control Board and involved in a great many civic matters. It would not be my intent to put a sign or designate my house as a law office. I would just have my name appear there, however, I do not wish to seek a variance for while I wason the Commission, I was not too 12-20-73 liberal in voting for variances and I certainly do not wish to maintain my office there unless I am in full compliance with the city requirements. The present location of my office has become undesirable because of the continued construction surrounding the location and the traffic, parking and other problems, it is very difficult to find a dignified office in the Grove area that would be suitable for a law office. The immediate center of the Grove does not lend itself to a law office as has been the case in other years. Almost all of my clients live in the Grove and therefore I need to be located in this area. With a great may thanks for the consideration you may give this matter and with kindest regards to all, I am sincerely yours, Alice Wainright" Mayor Ferre: Do you want to think about it? Do you want to put this on the agenda for discussion at the next Commission Meeting? Mr. Acton: Mr. Mayor, may I remind you that we are already studying that particular problem as a part of the Commission's direction and we expect to be back on the loth with recommendations on it. Mayor Ferre: On the 10th. Will you please write Mrs. Wainright in our name and specifichlly in my name also, thanking her for the letter addressed and telling her that this is forthcoming and send her a copy of Your recommendations. ?ALM P1 1NTI ,PROGI : ,_Crry_xdF_.MIAMI: The following resolution was introduced by Mrs. Gordon who wed its adoption: RESOLUTION NO. 73-1019 A RESOLUTION URGING THE STATE OF FLORIDA TO EXPAND THE COCONUT PALM PLANTING PRO- GRAM INITIATED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 51, PALM PLANTING PROGRAM - DADE COUNTY: The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-1020 A RESOLUTION URGING THE BOARD OF COUNTY COMMISSIONER, DADE COUNTY, FLORIDA TO EX- PAND THE COCONUT PALM PLANTING PROGRAM IN- ITIATED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre; NOES: None 52, RE-ROUTE CARGO PLANES: The following resolution was introduced by Mrs. Gordon who moved the adoption: RESOLUTION NO. 73-1021 A RESOLUTION THAT THE BOARD OF COUNTY COM- MISSIONERS BE URGED TO DIRECT THE DEPART- MENT OF AVIATION TO RE-ROUTE CARGO PLANES, OPERATING OUT OF MIAMI INTERNATIONAL AIR- PORT, OVER THE EVERGLADES IN ORDER TO PRE- VENT FUTURE SERIOUS AIRPLANE CRASHES WITH THE RESULTANT LOSS OF LIFE AND DESTRUCTION OF PROPERTY. IZ-20-73 41 411 (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibosn and Mayor Perre. NOES: None 53, APPOINTING MEMBERS TO THE ZONING BOARD: The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-1022 A RESOLUTION APPOINTING MEMBERS TO THE ZONING BOARD OF THE CITY OF MIAMI PURSUANT TO ORDINANCE NO. 8195 PASSED AND ADOPTED OCTOBER 4, 1973. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 54, APPOINTING MEMBERS TO THE PLANNING ADVISORY BOARD: The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-1023 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI PURSUANT TO ORDINANCE NO. 8195 PASSED AND ADOPTED OCTOBER 4, 1973. (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 55, FIX DATE FOR PUBLIC HEARING FOR CHANGE OF NAME OF WYNWOOD PARK Mr. Santiago representing the sports users of Wynwood Park as well as the neighbors appeared to urge the Commission to establish the date of a public hearing to change the name of Wynwood Park to Roberto Clemente Park. The following motion was introduced by Mr. Reboso who moved its adoption: A MOTION FIXING THE DATE OF THE FIRST MEETING IN FEBRUARY 1974 AS THE DATE FOR A PUBLIC HEARING ON THE QUESTION OF CHANGING THE NAME OF WYNDWOOD PARK TO ALBERTO CLEMENTE PARK Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 42 56, MANSION OF BAYFRONT PARK BALL POINT`. PROPERTY = ACQUISITION: Mr. Sol Bennett appeared before the Commission at the re- quest of the Mayor. Mayor kerre made the following statement: We have a matter which is sometimes called ball point; other times called St. Joe 8:per Company property at the Dupont Plaza, or it is called the Dupont Plaza point. We all know what the property is. At the present time the City of Miami has instructed our legal counsel and Mr. Hadley, who has been selected as our legal counsel on this matter to proceed with the condemnation suit which has been in the making for a year and a half. The matter comes up before Judge Tomas E. Lee on the 14th day of January, which is a Monday. It is important that this Commission fully understands the implications of this matter, and I will do this in four minutes flat. I am going to give you all the information on this, matter. All the Information that I know. I n the first place the property was appraised --- P. W. Andrews, City Manager: Mr. Mayor, Mayor Ferre: I am not going to get into any figures, as far as you are concerned, or anybody else. I am talking history. The property was appraised at seven, point, two million dollars. Mr. Bennett: Seven, point, five. Mayor Ferre: As a consequence of that, seven, point, five million dollars was placed on the parks for people bond issue , which was subsequently passed in 1972. The City of Miami went into condemnation procedures. It has taken us slightly over a year to get on the calendar. The date set is January 14th. There was a decision made by the administration, which the Commission was not involved in making this decision. At the time the Manager was Mr. Reese, and he, along with tte advise of Mr. Alan Rothstein, recom- mended that we select the second procedure. The first procedure was --and this is the way these things go --is that you go and take the land and place the money in the bank, after due process with the proper appraisal. that route was not chosen because we did not have at that time the seven and a half million dollars. When we did have the seven and a half million dollars it was still not done . Time has passed. I have asked Mr. Bennett to be here because it has been reported by him last night about the value increasing in his appraisal. This brought up the question as to to is going to pay for the differ- ence. That's number one. Number two:. the County, in my opinion, has the responsibility to the City of Miami, because they passed the six hundred million dollar bond issue, which the people of Miami voted for, and in that there is seventy-five million dollars earmarked for parks and recreation. Since we have about twenty-five to thirty per cent. of the poplulation of Dade County within the boundaries of ,Miami, our proportionate share should be in execess of twenty million dollars. It is therefore hoped that the County would spend some of the moneys for parka and recreation in the City of Miami. We cannot proceed, in my opinion, unless we know where the additional money is coming from. dumber three= --and this is a very important point --legally, if we proceed on the 14th of January --now follow me carefully on this --whatever happens we are going to have to pay attorneys' fees. The attorneys' fees, as I understand from various 12-20-73 43 counsel, including our own, varies from five to ten percent., so if the appraisal is seven and a half million dollars, and that's the award we get from the jury we would be liable up to approx- imately seven hundred amd fifty thousand dollors in attorneys's fees. If if goes up higher it would be proportionate. If at the time of the end of the trial we do not proceed witht purchase of the property we would be stuck for very high attorney's fees without accomplishing the primary purpose of getting the property. In other words, it could be conceivable that we could get stuck for from three quarters to a million dollars, or more, without having the property. That's why this decision is important now. Now this is number four. Number five; I think it is very un- fortunate --and it's nobody's fault --I don't think it is the press's fault, and it is not my fault, since I was the one who first made mention of these figures in a speech that I made before the beautification committee. I had 3 impeccable, reliable sources who told me and I will eventually have to reveal those names but at this point, I am not at liberty, that a deal had been made for the sale of that property in excess of 20 million dollars. NOW that has received publicity. It seems to me that we would be better advised if we were going to continue in this lawsuit to request that this matter be transferred to another community so that the information that has been in the press would not in any way influence whatever jurors might be selected. I am not making that as a statement. I am recommendingthat the City Attorney study that and discuss it and come back with a recommendation on the 10th as to whether or not we should, or actually we may not have time to do that. We may have to leave that in your hands Jack. All right now, those are the 5 points I wanted to make. I recognize you to speak. Mr. Lloyd, City Attorney: Well I think basically your honor has aptly outlined the situation as it exists and there is no need for me to go into it further because you have outlined it so accurately except if possible, perhaps Mr. Bennett might want to respont to any questions. One thing I would also just wish to add. Mayor Ferre: He has already done it in the newspapers and I think he has to clarify it. Mr. L loyd: Before we do this. In addition to the attorneys fees, which could amount to 10% if we go to trial, there are also other defensecots that we would be liable to pay the complete costs of the wich Mr. Bennett I understand could amount to S or 101 also. Mr. Bennett: It usually amounts to 181 if you win your own verdict. Mr. Lloyd: That is the total cost, the usual amount so you see if there were a verdict, just for the sake of argument to make figures easy to compute, if there were a verdict of 10 million dollars assessed for the price of the property, we could anticipate about 181 on top of that for the cost to be assessed. One other thing, what the Mayor was talking about. If we make a decision not to proceed in advance of the trial, am I correct Mr. Bennett in assuming that we still will hav e to pay some attorneys fees and some costs but they would be necessarily somewhat less than that figure, is that not correct? Mr. Bennett: Yes you must pay costs and attorneys fees. They have put an answer in and they have done some legal work. They have employed appraisers and they have to be paid but the costs in my opinion would be at least 1St. 44 12-20-73 of the total expendutures. MR. Lloyd: In other words, we can expect roughly about 15% of the costs if we determine and go ahead now. Mr. Bennett: That is the usual- Mayor Ferre: In other words, you are saying you are going to get stuck with 15% anyway. Mr. Lloyd: Yes you see, the reason Mayor is, that we have proceeded this far. They have expended appraisal fees as Mr. Bennett has pointed out. The attorneys have spent time working out and working on their case which has to be paid for, however, the cost would not bevas much if we discontinued at this point. Mr. Plummer: Mr. Mayor, I can understand and appreciate the problems. mr. Bennett, try to equate if you can the problems in my mind Sir and I will state hopefully nothing that will alter the outcome. We speak of the Bali Point property as we have seen it outlined in the paper. Now I am a member of the Elks and the piece of property is in the same general - Mr. Bennett: May I interrupt you? I wish you wouldn't discuss it. I know the problem, I know the - Mr. Plummer: I will ask the question off the - Mr. Bennett: I know the problem and putting the case on the line. IF you have a particular question, I will be glad to answer it but I don't want to get into valuations very obviously. Why we should not get into valuations. Mr. Lloyd: I concur with Mr. Bennett on this. Mr. Bennett: I hate to interrupt you - Mr. Plummer: I can ask him off the record - Mr. Bennett: Yes Sir. May I make a statement Mr. Mayor? At 3 minutes to 5, Mr. Ronald Sachs called my office and said that Mr. Andrews suggested that he call me and this is not unusual because I do represent municipalities as a consultant. He proceeded to ask my questions and I proceeded to answer them as honestly as I can except when he came to the point in asking what my value would be. At that point, I told him I had not completed my appraisal. He has reported that in the paper in the 5th paragraph but in the 4th paragraph he said, I updated my appraisal. This is not true. I have no figure yet to report to your attorney or Mr. Hadley. He then proceeded to ask my, I told him that the values had gone up since it was 2 years since my appraisal. February of 1972 is when I completed my appraisal and in January it will be 1 year and 11 months from that valuation. He said, would it be nearer 15 million? I said no. He proceeded to ask me to he could get a story. I did make the statement that it will be nearer to 10 million than to 15 million which he reported but that is not my appraisal. I mean, that is the point I am trying to make. I have not come to a conculsion. Mayor Ferre: The point of course, and I am not here to defend either the Herald or Mr. Ron Sachs. They can both do that themselves. MY only point is that a figure was used and that was reported in the newspapers. Mr. Bennett: He said it was updated and then he said 10 million would be an outside figure and that is right, that is my opinion but if he didn't use the word, updated figure, I have no objection to the article. Mayor FBRRE: The point is, a figure was stated and that therefore, when he reported it, he reported accurately what you said. Mr. Bennett: I said, I think he did honest reporting except for the word, updated appraisal. I don't think he meant that as I mean it. 12.20.73 Mayor Perre: The point is, we are getting into semantical technicalities. Mr, Plummer: Well Mr. Mayor, where do we do from here now? We know the history and unfortunately we know the history. Mr. Bennett, you stop me again sir if I touch - Mr. Bennett: I have no hesitation to answer you but I think it jeopardizes- Mr. Plummer: God forbid, I should jeopardize. Mayor Perre: There is one other thing- Mr. Plummer: Well let me get into another point and stop me if I am wrong Sir. I think that the acquisition of this parcel which the Mayor is speaking of plays a great part on the other parcel which which we have involved. Now when I say a great part, let us say that I think that the cost factor - Mr. Lloyd: Mr. Plummer, if you would please. I think it would be better if we did not discuss that at this time because - Mr. Plummer: How the hell am I going to get any answers? How am I going to sit here and vote if I don't know what I am voting on? Now you are playing in games here John. Mayor Ferre: You are missing the point. The point is that if this thing goes go trial, you cannot get involved in discussions that are going to prejudice this trial and you are walking on thin ice. Mr. Plummer: Mr. Mayor, you are going to ask me I am assuming. A motion of direction is going to be made from this Commission. Mayor Ferre: Ask the question again and see if we can beat around the bush - Mr. Plummer: Beat around the bush anyway, but I have got to know what I am voting on. Mayor Ferre: What is your question? Mr. Plummer: My question very simply is. Mr. Bennett, if you can't eat cake, you eat bread. I have got to equate somewhere along the line the amount of money delegated in the bond issue as it pertains to the acquisition of two parcels . My vote has got to be predicated 'that if you can't get two, you take one. Do you understand what I am saying ? My question is, god forbid that we should lose both but I can see it happening and I can see it happening very quickly. Now I want some advice from that proper party who would advise me as to the exact position as it relates to both parcels, not one. Mayor Ferre: That is a legal question. Mr. Lloyd: I have the answer. Mayor Ferre: It's a legal question. Address yourself to the lawyer. Mayor Ferre: What is the answer Mr. Lllyd? Mr. Lloyd: The answer is that we are addressing ourselves to that very question at this moment with bond counsel in Tallahassee at the Mayor's request and we will have the answer very shortly. Mayor Ferre: Let me put it another way. This is a very complicated, technical, legal matter. It is possible that the 71 million dollars might be used and when you address the question to the bond counsel, I want to be very sure that you address it twofold. One that it might be used within the boundaries of the Bayfront Park on either side of the causeway. Two, it might be used in parks in other parts of the City of Miami. Now let me specifically relate to you what the county Mayor and the county Manager said yesterday during a meeting about a culture center. They said specifically, J. L. now follow me on this - 'le% 12-20-73 This is a very important Thing. In the 600 million dollar Decade of Progress Bond Issue, you cannot take monies from one category to another category but ithin the boundaries of one category, Parks and Recreation, after a public hearing, the County Commission can re -allocate priorities within that area. The question legally the bond counsel has to answer is can we in fact use 71 million dollars either in other portions of improvements in Bayfront Park or in any other parks within the City of Miami. Mr. Lloyd: Those questions Mr. Mayor, have been asked bond counsel yesterday in our conversations with him and today we have just sent bond counsel air mail special delivery certified mail, additional information to enable him to address himself to those questions. Mr. Plummer: Mr. Lloyd, I don't agree with that and let me tell you why I don't agree with it. Mayor Ferre: You don't agree with asking him the question? Mr. Plummer: No, no, I don't agree with the statement that you just made. Let me tell you where I disagree. in the bond issue of the county, as the Mayor has stated it was stipulated to a department let's call, parks and recreation - Mayor Ferre: Mr. Plummer: Mayor Ferre: J. L., he didn't rule on it - Wait a minute now. He hasn't ruled on it. Mr. Plummer: In the City Bond Election, was no allocation to parks or people or in the bond issue very clearly, x-number Parks for People, there to what, it was designated of dollars for x-thing. Mayor Ferre: Good, that's a legal question and that is what we hope to get answered. Mr. Lloyd: I am prepared to answer that one right away. Mr. Plummer: I don't equate the two. I don't equate the County program and the City program. There is no question I am right. We got it spelled out in a book. Mayor Ferre: Commissioner Plummer, it seems to me that it is a very technical legal question that has to be answered by counsel. Mr. Lloyd: I can explain that. Mr. Plummer, Sir, you are right with respect to the actual bond issue itself. The bond issue was attacked by a civic organization for this very reason. The decision of the Supreme Court then tied in a phamplet which was issued to the public which did dileneate how the money would be spent. Now it is this phamplet which I have just dispatched airmail special delivery to our bond counsel so that he may address himself to these specific questions in the light of the Supreme Court decision which did talk about that matter so therefore that is why I sent that to Bond Counsel and that is why I have sent that up to bond counsel. We discussed that very factor yesterday. Mayor Ferre: All right, Mr. Andrews, this is what I would like to recommend to my fellow Commissioners. I would like to recommend that #1, we ask Judge Tom Lee to postpone the hearing of January 14th for hopefully no more than 1 month. I think that Judge Lee would cooperate with us depending on what his calendar - Mr. Lloyd; Mr. Mayor, with your permission and the permission of the Commission, I will instruct Hadley , Mr. Hadley, to make that motion immediately so that he may get it before the Judge as soon as possible. Mayor Ferre : I would like for you in your recommendations to this Commission, would you see please whether or not we should request for the transfer of the iriA1 to another county. That is something that only you and Mr. Hadley art going to be able to decide and 4'i 12-20-73 then come back and recommend. Mr. Lloyd: I will be on the phone with W. Hadley this afternoon Mr. Mayor, and we will discuss that further and we will have a recommendation. Mayor Ferre: #3, I think it would be appropriate that you ask the Court to permit, I don't know what it is called, investigation or' legally of the attorneys and the St. Joe Paper Co., and the people involved in the St. Joe Paper Co., the right to investigate the question specifically as to whether or not the supposed sale is in fact a bonafide arms length transaction or not, I think we have to get right into it. Mr. Lloyd: This is what is known as discovery procedures. I will discuss that with Mr. Hadley. We have already taken some preliminary discussions on it. Mayor Ferre: Would you petition the Judge as quickly as possible because this matter just needs immediate attention, that he allow discovery procedures to proceed and before the 14th perhaps, you could have depositions taken where discovery procedures can get underway. Mr. Lloyd: On that particular matter, we may be able to do it Mayor with my discussion with Mr. Hadley. He is the final authority on this but there is a possibility that we may undertake these without the permission of the Court. It may be allowed under the rules. I will discuss that with Mr. Hadley. Mayor Ferre: With all dispatch, please get on with that right away. Mr. Lloyd: Mayor Ferre: Mr. Lloyd: there is no in the form Immediately. Lastly, do we need motions on these 3 things? If the Commission is in agreement that I will do this, motions are necessary. If your honor wants to make it of a motion, why you may. It's not really necessary. Mayor Ferre: Any disagreement on the 3 points I have mentioned so far? Now the last thing I think does require a motion and that is a mo tion requesting both the State and the County, have you got those things in writing? Mr. Lloyd: I have 2 resolutions. It would require a resolution if you wish to have. Mayor Ferre: Please pass them out. Is that what we discussed and you were going to write? Mr. Lloyd: This is what your honor and I discussed Mr. Mayor. Mayor Ferre: Please pass them out. As a preamble on this, let me explain to my fellow Commissioners what this in effect is going to do. It's going to pretty well state and follow me on this, that the City of Miami does not have the funds or even if we do, we don't think that we ought to spend additional monies to buy so called St. Joe Paper Company property in the DuPont Plaza or Ball Point and that we think that the County and/or the State should come up with the difference. We can't spell the difference because we don't know. We can estimate or Mr. Bennett can estimate but I want to point out for the record, if Mr. Bennett is already talking about 10 million dollar figures and we have attorneys fees from S to 10%, Mr. Bennett: Mayor Ferre: Yr. Bennett: Approximately 2 million dollars. We are talking about, in the peramaters of- 12 or 13 million dollars if we win the case. 48 12-20-73 Mayor Ferre: Without getting into specific figures, over, over 2 to 3 million dollars. The City of Miami is not disposed, stop me if I am wrong W. Andrews, to 3 million dollars earmarked at this time for this purpose, nor do I think that we have the money so that is what these resolutions speak to. t have set a date of 45 days because I don't think we can linger on with this so what in effect we are doing- Mr. Lloyd: Mr. Mayor, I have just realized, we have in there whereas current appraisals. I don't know how else we are going to do it, actually whether we can have our cake and eat it too but we do have a whereas clause in there where it is going to be in excess of 11 million dollars. Mayor Ferre: Why did you put that in John? I thought you and I had decided - Mr. Lloyd: Yes, I think we better take that out. Mayor Ferre: Well how did it get in? You and I talked about it and you said we couldn't talk about figures. Mr. Lloyd: Yes, that got in by accident Mr. Mayor. Mayor Ferre: Well will you make sure that those accident don't occur so often? Strike out the 2nd whereas - Mr. Lloyd: I respectfully request that - Mr. Plummer: Mr. Mayor, I also request that you refer to the next paragraph and the word"rapidly" be - Mayor Ferre: A resolution requesting, lets read the whole thing. If there is one mistake, there might be two. A resolution requesting assistance from the State of Florida and providing funds for the purchase or condemnation of certain lands designated for park purposes (portion unintelligible) - and determing whether or not additional funds will be available due to the urgency of the situation; directing the City Clerk- 1- 2- 3- 4-, the 5th whereas gets deleted. Mr. Plummer: I might recommend Mr. Mayor that in the next line, we scratch the word, "rapidly". It would then read it appears that said property will increase in cost Mr. Lloyd: Yes. Mayor Ferre: How did this thing get worded like this? JOHN did you see this before this was typed up? Mr. Lloyd: Mr. Mayor, this was done so fast that - Mayor Ferre: I know but this is important enough that I don't want to get into - Mrs. Gordon: Mr. Mayor, as a point of information. By reverse thinking that we hope in fact that we will receive this assistance from the State and from the County but, are you saying that if in fact it is not available from them, that this resolution we are about to pass then automatically excludes the City from continuing the condemnation? Mayor Ferre: No Rose, that is something that we will have to decide I would say in January. We can get off the hook before Court proceedings begin. I want to tell you that if the County or the State does not come forward with money within the next 45 days, I am going to come back to this Commission and we are either going to continue with this or get off the hook and the only way we •are going to get off the hook hopefully is if we can divert these funds and use them some*here else or we may have to drop the whole thing and that is a matter that we will have to decide at that time. 49 12-20-73 • Mrs. Gordon: t just wanted to be sure that by reverse thinking, that this resolution was not in effect placing us in a position of making a decision on whether we do or whether we don't raise the amount of monies that will become available for the purchase. Mayor Perre: THat's right. Mr. Plummer: Mr. Mayor, a suggestion has been made for the re -wording of the paragraph, Whereas it appears that said property may increase in cost. Mayor Ferre: Very good. I think we better hire you as an Assistant City Attorney Mr. Plummer. Mr. Andrews: Mr. Mayor, are we doing any jeopardy to one of the issues that you raised that you are trying to get an opinion on and that is the usability of the 711 million dollars elsewhere and then you are going to turn around and adopt a resolution which says pretty strongly, the City Commission programmed 71/2 million dollars of monies in the Parks for People Bond Issue for acquisition of said property. I think it should be worded differently because on one hand saying we did it and on the other hand saying - Mr. Lloyd: That is a valid criticism. It was actually programmed but I think we should change it to say - Mr. Andrews: To say that this acquisition is included in the Parks Mr. Lloyd: Give us the wording Mr. Lloyd. Mr. Lloyd: Yes. Whereas the acquisition of the above property has been included in the Parks for People, generally in the Parks for People Bond Issue, Mr. Andrews: And then another whereas to follow that. Mayor Ferre: Well let's get the wording now. After the 71 million dollars of the money, after the word money "at generally". Will that cover it? Mr. Lloyd: Yes. As a matter of fact, if we make an additional whereas clause and say and whereas - I suggest we take out the entire clause and say whereas, the possibility may arise that there may be insufficient money within the general acquisition proposal under the bond issue to provide for the acquisition of this particular park. Mr. Southern: City Clerk Mr. City Attorney, is that to replace the - Mr. Lloyd: That is to replace the 1-2-3-4, Sth whereas clause. Mr. Southern: Would you repeat it again for me please so I can insert it in here? Mr. Lloyd: It will replace the whereas clause which says, whereas the City Commission programmed 71/2 million of the money for - Mayor Ferre: State what it says over again. Mr. Lloyd: Whereas, there may exist a possibility that there will be insufficient funds to cover the cost of the, within the framework of the bond issue - Mayor Perre: Put the figure down, the 71 million dollars. Mr. Lloyd: All right. Mayor Ferre: Is that what you are trying to avoid? Mr. Andrews: Yes. 12-20-73 Mr. Lloyd: Yes t am trying to avoid that. To cover the cost of the acquisition of the - Mayor Terre: Now, you have to put it down for this reason. Those people don't know how much we have gone on the line. We have to let them know that we are willing to come up with 711 million dollars but that just won't do the trick so- Mr. Lloyd: Whereas, here it is then, whereas the City Commission has allocated a sum of 71 million dollars for the acquisition of the above property which sum may be insufficient. Mayor Ferre: Okay, that is acceptable to me. There is a motion as. amended. Is there a second? • Mrs. Gordon: I think we ought to see this revision in its entirety and then vote on it. mayor Ferre: Well then we are going to have to wait. Mrs. Gordon: I would rather wait and do it right. Mayor Ferre: All right. Re -type it and while you are at it, re -type the next one which is the same thing. THE MATTER WAS THEN TEMPORARILY DEFERRED • 57. ORANGE BOWS. IMPROVEMENTS .. REPORT OF MEETING WIihJJSERS Mr. Plummer: Mr. Andrews, as I threatened at the last meeting you had a meeting with people about the Ornage Bowl. Are you at liberty to tell us about the posture at this time? Mr. Andrews: Yes Sir. I had a meeting with the users, Dr. Stanford, Mr. Paul representing Mr. Robbie, Angel Aria of the Toros, Dr. Fields and Mr. Paul Marks of the Orange Bowi Committee. My expression to them was that the City Commission was very anxious to cooperate with the users and that it was the Commission's wishes and mine that they supply the City with recommendations as to what they believe are the most important items of improvement for the Orange Bowi as each of them see the needed improvements and that they furnish me with their independent lists of these improvements. They agreed to do this and requested of me that I supply them with information on the plan and the updated cost estimate of each of the items for their information. Mr. Dan Paul on behalf of Mr. Robbie asked that we further investigate the possibility of providing additional parking in the vicinity of the Orange Bowl which I committed that I would look into and that we would try to arrive at what such costs might amount to if certain parcels of property were taken for the purpose of expanding the parking within the perimeter of the Orange Bowl. There is one very interesting area of this whole matter and that is that in discussing this with the users, I have explained to them that while the Cityvof Miami is extremely anxious to cooperate with them, the users are going to have to participate in the decision with the City Commission in determining whether we are going to accomplish the improvements based on a large sum of money which would provide more than 1 type of improvement at a time on a planned basis. Or whether we are going to, on a priority list that might be estab- lished take one at a time, one such improvement, or two such improve- ments and do those one year and a year later do another improvement and another year after that do another improvement. It is dependent upon the users willingness to enter into long term contracts with the City for the use of the Orange Bowl. I have placed the burden on the users that if they want these improve- ments in a short period of time, they then should be prepared to enter into long term contracts. If they choose not to do that, then the City will do the next best thing. It will take what monies become available, take the most important item and get that under contract in 1 year and the second most important item, get that under contract in the 2nd year. The City is not urging them and insisting that they enter into long term contracts because if they don't enter into long term contracts, we will merely follow the ordinances that are available for the operation of the Orange Bowl as far as rate structures are concerned. Mr. Plummer: Is there any action that we the Commission at this time can take to expedite this matter along? Mr. Andrews: No. It is dependent on me getting information to them which I hope to have to them in the next several days, then they will review this and they will call another meeting at which time we will sit down and evaluate the list of items. 58, BACK PAY FOR EMPLOYEES - FEDERAL PAY BOARD - RPT.BY CITY MANAGER Mr. Plummer: Mr. Manager you had a meeting last Friday in reference to the back pay for the federal employees or for the federal pay board on the back pay for the employees. Mr. Andrews: Yes the people from Washington, Cost of Living Council, have met with me and they will be sending a letter to the City based on an agreement that we reached and I acted as spokesman for the employees. 52 DEC 201973 to this extent. We found in this meeting that there was an area of confusion as far as the federal government was concerned and the implementation of the wage plan. THERE was even consideration of having a public hearing to roll the wage plan back. In lieu of this, we were given a choice of either accepting the forthcoming 5% salary increase for all employees in January or accepting the retroactive pay and foregoing the 5% increase that all employees will receive on January 6th. In my judgment, there was no choice as far as I was concerned we would forego the retroactive pay and accept the 5% because of its lasting value. Mr. Plummer: was basedon 1 Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: In other words, you made a decision and the decision of the 2. You had to make a choice. I had to make Either the 5% And have that Or forego the a choice. in January - continue indefinitely - back pay - Mr. Andrews: And we are awaiting that decision and I had intended to call the employees together to discuss this with them because in that instance, I recognized that they had come before the City Commission and the employees and the City Commission arrived at a conclusion about whether we should go back for the retroactive pay or not and I told the people who were there, a representative from Washington that I felt fairly confident that the employees would rather see the 5% increase than to try to capture the retroactive pay since we only had a choice between the 2. The 2 representatives are going back to the Pay Council to make this recommendation so that the 5% will not go unchallenged as a result of - Mr. Plummer: Well what you are telling me is that this is not definite? Mr. Andrews: Yes. It is definite but we are awaiting the word in writing and we are supposed to get it this week. 59 AUTHORIZE MANAGER TO INVESTIGATE ACQUISITION OF MOBILE COMMUNICATIONS VAN TO BE USED BY POLICE AND FIRE DEPARTMENTS Mr. plummer: Mr. Mayor, I think it should be for your knowledge that the other night, I have heard nothing but fine, fine comments about Mr. Paul Andrews being on the scene of the airplane crash. I think that this type of thing is one of the greatest things for the morale of this City of Miami and I have heard it in the last 3 days just time and time again that he took the interest to show up at that thing and to see what he could do to help matters out. I congratulate him for that. Now Paul, would you like at this time or would you prefer not to at this time, we looked at that piece of equipment that is owned by the County for the communications truck. Would you like to bring that up at this time and give you the latitude to look into it and negotiate or would you prefer to wait? Mr. Andrews: No I think if the Commission would adopt a motion, it would be in order. The County has a piece of equipment that I think the City of Miami should have. In fact, I would like to even see something a little bit more elaborate. I would like to describe it to you. They have what could be construed to be a mobile command post with sufficient telephonic and radio equipment that they could communicate with fire, police, with their own communication system desk space to work on the inside, and it served the very useful and ideal purpose in the case of that emergency. The City does not have a similar piece of equipment and I would like you to adopt a motion authorizing me to see what can be done about securing such a piece of equipment for the City. 53 DEC 2 01973 Mr. Mayor, I can tell you that you cannot measure the cost in terms of the services that such a piece of equipment would render at that moment in time. Mt. Plummer: Mr. Mayor, this could really be called a communications center, a command post, but I'll tell you, it really proved itself on the scene of this disaster that whatever was paid for it, it was just something that was vitally needed and I would like to offer a motion. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE THE POSSIBILITY OF ACQUIRING A MOBILE COMMUNICATIONS VAN TO BE USED BY THE POLICE AND FIRE DEPARTMENTS, AND TO REPORT HIS FINDINGS TO THE CITY COMMISSION Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: none 60, ESTABLISH SALARY OF THE ASSISTANT CITY CLERK Mr. Plummer: Mr. Mayor, Mr. Southern said that he have a recommendation, and that Mr. Ongie has been deal with additional work. He is presently at the think a recommendation of 17,900 would be in order Mayor Ferre: Rev. Gibson: Mayor Ferre: this time? really doesn't saddled a great 16 level and I at this time. There is a motion. Is there a second? Second. There is a second. Is there further discussion at A MOTION A PROPER RALPH G. PER YEAR INSTRUCTING THE CITY ATTORNEY TO PREPARE RESOLUTION TO INCREASE THE SALARY OF ONGIE. ASSISTANT CITY CLERK FROM $16,000 TO a17.900 PER YEAR NOM Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 611 PRESENTATION BY V. GRIMM RE: DECADE OP PROGRESS ETC. Mr. Grimm: Mr. Mayor the administration goes through the exercise of preparing a list of recommendations for inclusion in the following fiscal year of the State Road Department. The commission then formally ratifies this and we pass it on through the County and to the State. I wish I could say that it resulted in some roads getting built but unfortura tely it doesn't. As an example, I have estimated that in the last 5 years, discounting the 8cent tax, the taxpayers of the City of Miami have contributed 77 million dollars in gas taxes for which we have gotten back 13. Mayor Ferre: Over what period of time? Mr. Grimm: Over a 5 year period of time, the taxpayers discounting the 8C now which goes to a different formula, have contributed 77 million dollars within the corporate limits of the City of Miami 5 DEC 201973 for which we have got back 13 million in construction and of that 13 million, only 6 million of that is in projects like the Rickenbacker flyover or a new bridge over the 79th Street causeway which might not benefit us too much. I would like if I might to use what 1 think is a classic example of what happens to us on road projects. I am going to pick N. W. 20th Street. It's a bad example in the sense that it has had a long history but it is a good example of what happens to the City. It was originally proposed in 1958-59 as a part of a 3-year program. The cross section wasn't even proposed after that until 1964. It was not approved -by the County Engineers until 1965 and then submitted to the City for its approval. An agreement for the preparation of plans was also entered into that year and final plans from 1965 to 1969 were submitted to the State. Now, in the 65-66 budget and in the 67-68 budget, right of way was acquired. Since that time, we have heard about this project moving forward, moving forward. Each year when the Decade for Progress Bond Issue was passed, this project was moved from secondary funds to that fund and you may remember on this Commission the agonies we went through getting the Sanitary Sewer District confirmed so that we would not hold the State up in construction. Now that was supposed to be bid in July. It's now December and we don't know when it's going to be bid. Now that gentleman and lady is a classic example of what kind of action we get on our State Road Department projects. I will give you another illustration. Many years ago, Mrs. Wainwright and I went not without invitation, with invitation to appear before a State Road Dept BOARD meeting in Ft. Lauderdale at which time we and the County had both submitted our recommendations and out of the blue, Kendall Drive was brought up and constructed. Now at that time it was 10 miles of primary roads to the boondocks. You know what it looks like today. Unless this Commission takes the lead, I am afraid that the City is going to get the same results in the future. Without your help, without your needling. Mr. Plummer: What do you want us to do? Mr. Grimm: I want you to pick a project and talk to everybody you know to get it done. Mr. Andrews: More specifically Mr. Grimm, why don't you advise them of the 3projects we talked about - Mr. Grimm: To me, one of the most important projects to the City is a gateway entrance, Biscayne Boulevard. Now from 5 street to the expressway, no one can deny, that is an ugly looking street and it needs to go all the way to 17th Terrace. My recommendation would be that Biscayne Boulevard from 5th Street to 17th Terrace be #1 priority. #2 priority as far as I am concerned, we have held public hearings and drawn plans is Tamiami Trail. ##3 is that we do something on Flagler Street. Now they have included Flagler Street in the Decade for Progress from 27th Avenue to 42nd. My recommendation is we pick it up there and carry it out to the Seabord Tracks or the city limits. Now in addition, pass this resolution but what I am trying to say in don't expect any monumental results by just passing this piece of paper. Mr. Plummer: You want us to pass this as proposed/I so offer - Mrs. Gordon: Wait, a question. the Trail? What are you talking about? 1-may 7th Street and 1-way 8 Street? We have had enough controversy on that. Are we going to be opening it up again? Mayor ferret That ie exactly why Rose, before voting on this thing, why 1 asked the Manager to bring this before us With maps and outlines so that we could look at it very carefully and I would request that each one of you look at this map very carefully so you know what you are voting on. Mrs. Gordont I know. 1 am opposed to that and you are setting that as one of the priorities. Mr. Grimm Let me say this to you so that you can cut accross a little bit of red tape. Everything you see on this map except what is in red which ie the north portion of Biscayne Boulevard and the southern portion of 27th Avenue, you have not requested once before but some of them maybe 10 times before, so there is nothing new on that map except what is in red. What you see in green on that map has been in repeated, repeated, repeated state road requests that have now been moved over to the Decade for Progress Road Project. To add insult to injury, you are not only not getting them built for gas taxes, but you are going to pay 20% of the cost because you pay 20% of that bond issue. Mr. Andrews: Mr. Mayor, what we are trying to express to you is that the Mayor or a delegation of the Commission or someone is going to have to assist us when we call upon you to go a meeting of the County Commission so when this matter comes up, we will streamline the information so that you can be the city spokesman so that we can get some of these projects underway. If -we don't do that, all we are doing is passing resolutions and not really accomplishing anything. Mayor Ferre: Mr. Andrews, when I was first elected, the Governor called me to congratulate me. I said Governor, after the first of the year, Mr. Paul Andrews and I are going to be up there knocking on your door and will want 1, maybe 2 things, and this is going to be one of them. You get your suitcase ready and sometime in January I want you to schedule a trip. We will appear before the Cabinet or maybe just go see the Governor but I think a lot of these things in the past haven't been done because somebody didn't ask. The Mayor suggested a joint meeting with the Governor, Mr. Revell of the State Road Wept., the Mayor and the City Manager. 62. RESOLITTION ESTABLISHING THE SALARY OF RALPH G. ONGIE ASSISTANT CITY CLERK Mr. Plummer: We have the resolution establishing the salary of Ralph G. Ongie, Assistant City Clerk at $17,900 per year to be effective December 20, 1973, I so move. Mayor Ferre: There is a motion. Is there a second? Mrs. Gordon: I wondered why it wasn't more than that very frankly because I compared the position with some of the other assistants positions and it's far below any of the others, so I don't know where that figure came from or who set it or why. Considering the amount of work involved in that department, it looks to me like that department is not being compensated sufficiently even with this increase. Mr. Plummer: from, I'll be Mrs. Gordon, if you want to know where the figure came glad to tell you. Mrs. Gordon: I'll be glad to hear it. 56 Mr. Plumper: Mr. Southern had no recommendation and when we passed the other Executive Pay Plan, the most that Mr. Andrews recommended on any one given individual was 2e-steps. I used the same formula of 2-steps. Mrs. Gordon: Well I think this one has been below what it should have been for so long that it should go more than 2 steps and I would so move. May I have a copy of the recommendation? I don't have it here to look at it but I would like to have it. Thank you. I draw your attention to some of the other assistants and you will note what I am talking about being very very much less. 1 would rather move it to the - would you move it Mr. Plummer? Mr. Plummer: 17,900 - 2 steps. Mrs. Gordon: I will move it to the top of the step of 18,800 which is the next step up. Mayor Ferre: How much does Mr. Southern make? How much does an Assistant City Attorney make? Mr. Lloyd: 17,900,is the starting - Mrs. Gordon: that is starting. Mayor Perre: And what is the highest? Mr. Lloyd: 37,000 Mayor Ferret What does the Assistant City Manager make? Mr. Andrews: It starts at 26,000 and goes to $39,000. Mrs. Gordon: See what I mean? Mr. Andrews: But, in fairness, I realize you are going to adjust Mr. Ongie's salary but please Mrs. Gordon, you aren't comparing his responsibilities to that of the Assistant City Manager, are you? Mrs. Gordon: No, I am not. I am not comparing it to anything except that I think it is in inadequate salary and has been for a long time and now that we are adjusting it, we should get it in line with reality and even. this is not the right step, but I move it to that step. Mayor Ferrel That is about as fair as the City Commissioner's making $5,000. Mrs. Gordon: That's right. 5'7 DEC 2 01973 Mayor Ferre: One of these days, I am going to care up with a recommendation that it be changed. Mrs. Gordon: I will go along with it, that recommendation when you come up with it because I think it is totally inadequate and its inconceivable. Mayor Ferre: Let us wait until the 1st of the year for that Rose. Mrs. Gordon: Well I have waited but I think all public officials should be paid a salary commensurate with the work involved the same as any other position. Mayor Ferre: $5,000. Mrs. Gordon: Mrs. Gordon: Mayor Ferre: The problem is nobody thinks we are worth more than Apparently that might be the answer to the question. I move Mr. Ongie to the 18.8 figure. What else have we got to talk about? Mrs. Gordon: Well there's been no second to the motion. Is there a second? Is there a second to the - Mr. Plummer: If you want to go formality, there is another motion on the floor that was waiting for a second which was mind. If it dies, then Mrs. Gordon's is in order. Mayor Ferre: All right, now we know what we are nobody is kidding anybody. I guess technically there is a motion which has precedence over your motion motion, that takes precedence. Mrs. Gordon: So it dies for lack of a second. Do you want to move another motion J. L.? up against and that has not been so if she makes a Mayor Ferre: All right, is there a second to Mr. for $17,900? Mr. Plummer: 2-step increase. Mayor Ferre: There is a second. Now, I will now substitute - Mrs. Gordon: I'll make a substitute to 18.8- seconded substitute Plummers motion take a motion for a Mayor Ferre: There is a substitute motion to 18.8. Is there a to the substitute motion? Mr. Reboso: Second. Mayor Ferre: There is a second to the substi and therefore that takes precedence over the parliamentary rule. Now we have a motion of The only motion that has seniority over that Mr. Plummer: You are the only one left that Mayor Ferre: Since nobody is making that mot discussion on the substitute motion? If not, call the roll. Mr. Southern: Mr. Reboso? Mayor Ferre: This is on 18,800 which is the Rev. Gibson: Before I vote. I am concerned discussed them when we were going through all Now that does not do harm to the business of somebody ought to tell, us that too. second tute motion to 18.8 first motion under 18.8. is a motion of approval. can make it. ion, then is there further substitute motion. about steps as you have of this business. steps to go, I think Mayor Ferre: Let me tell you my personal opinion on this Father. 58 DEC 2 01973 I very strongly stated at the last Commission Meeting that this City Commission should not get involved or tamper with the recommendations of the administration with regard to the people that they have working under their jurisdiction and by that, I Mean, r people working under ttr. Paul Andrews We can recommend, but that we not get involved in the process of jumping all over the lot for assistants and people way down the line. Now, this is somewhat different because basically the City Clerk's Office does not report to Mr. Paul Andrews so therefore, I see this somewhat differently. Mr. Plummer: Yes Mr. Mayor and in all defference to Mr. Ongie, and I made the motion originally, is is a precedent setting. No one else has received 3 steps increase based over what Mr. Yarger did his study on and that is what I based my figure on. If other people got a 2-step, I think it is only right that he should do likewise. Mrs. Gordon: I believe there were some - Mayor Ferre: We have discussed this long enough. Mrs. Gordon: That is not exactly a true statement and I dispute it because I recall that there were some others - Mr. Plummer: That's not true - Mrs. Gordon: Let's forget it. Mr. Plummer: No no, you made a statement. What's not true? Mrs. Gordon: If I am correct, during the time of the adjustments in the Executive Pay Plan, there were certain recommendations that were higher than 2 steps. Mayor Ferre: All right the chair rules there has been enough discussion. Call the roll. On the substitute motion. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? Rev. Gibson: No. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: I vote no. Mayor Ferre: And I vote no. Now, we go back to the other motion. Call the roll on the original motion. Mr. Southern: On the original motion. Reverend Gibson? Rev. Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: I vote yes. Mr. Southern: Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. 59 DEC 201973 Mr. Southern: Mayor Ferre? Mayor Ferre: Before voting, I want to make a very simple statement. Ralph, I have got the highest regard for you personally and the job you are doing which t think is tremendous. I think we have to be very careful how we approach these type of things. If we jump up 3 steps at one time, it causes a precedent which I think could be dangerous and I think Plummer's move to get you up 2-steps, is, I am certainly grateful that he did it and I want to commend him for doing it. I want to commend Mrs. Gordon. I am not in any way saying anything against what you were doing. That's fine, but I just happen to feel that this is fine for now and later on we can- Mrs. Gordon: Mr. Mayor, in the event that I can verify by bringing in information from my files which- Mayor Ferre: Then we will discuss it at that time. I vote yes. Mrs. Gordon: If I can verify what I believe to be a fact, we will then consider treopening this or is it a closed issue? Mr. Plummer: Without question. Mrs. Gordon: Then I will research my files. Rev. Gibson: My position was on the number of steps. No problem. The following motion was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1024 A RESOLUTION ESTABLISHING THE SALARY OF RALPH G. ONGIE ASSISTANT CITY CLERK, AT $17,900 PER YEAR TO BE EFFECTIVE DECEMBER 20, 1973 (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 60 DEC 201973 • ASSISTANCE FROM DADE COUNTY- PURCHASE OR CONDEMNATION OF LAND FOR_PARK PURPOSES:. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1025 A RESOLUTION REQUESTING ASSISTANCE FROM DADE COUNTY IN PROVIDING FUNDS FOR THE PURCHASE OR CONDEMNATION OF CERTAIN LANDS DESIGNATED HEREIN FOR PARK PURPOSES; DESIGNATING A PERIOD OF FORTY-FIVE (45) DAYS TO DETERMINE WHETHER OR NOT ADDITIONAL FUNDS WILL BE AVAILABLE DUE TO THE URGENCY OF THE SIT- UATION; FOR DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MAYOR OF DADE COUNTY AND TO THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA. (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 64, ASSISTANCE FROM THE STATE OF FLORIDA - PURCHASE OR CONDEMNATION OF LAND FOR PARK PURPOSES: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1026 A RESOLUTION REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA IN PROVIDING FUNDS FOR THE PURCHASE OR CONDEMNATION OF CERTAIN LANDS DESIGNATED HEREIN FOR PARK PURPOSES; DESIG- NATING A PERIOD OF FORTY-FIVE (45) DAYS TO DETERMINE WHETHER OR NOT ADDITIONAL FUNDS WILL BE AVAILABLE DUE TO THE URGENCY OF THE SITUATION; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE GOV- ERNOR OF THE STATE OF FLORIDA AND TO THE CABINET MEMBERS OF THE STATE OF FLORIDA. 1 2-20-73 61 (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None t5, CONTINUE CIVIL SERVICE AND ALL OTHER BENEFITS RECEIVED BY DAVID SIMPSON, JR. AND ROBERT A DAVIS: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-1027 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION OF THE CITY OF MIAMI TO ASSURE THE CONTINUITY IN ALL BENEFITS IN CIVIL SERVICE, PENSION, AND ALL OTHER BENEFITS RECEIVED BY DAVID SIMPSON, JR. AND ROBERT A. DAVIS IN THE TRANSFER OF THE PLANNING AND ZONING BOARD TO A DEPARTMENT OF THE CITY OF MIAMI. (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. Roboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None ADJOURMENT: There being no further business to come before the City Commission, the meeting was adjourned at: ATTEST: H, D. SOUTHERN CITY CLERK RALPH G, ONGIE ASSISTANT CITY CLERK 3:50 OCLOCK P.M. this date. MAURICE A. FERRE MAYOR 12-20-73 62 CITY OF MA MI DOCUMENT METING DATE: INDE DECEMBER 20, 1973 ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL COMMISSION AGENDA & CITY CLERK REPORT (9 pages) GRANT APPROVAL -OFF-STREET PARKING SPACES- 2934 N.W. 17TH AVENUE VARIANCE -ORDINANCE NO. 6871-CONSTRUCTION ADDITION WAREHOUSE-7251 N.E. 2ND AVENUE STATE OF FLORIDA DEPT. OF ADMINISTRATION - EXEMPTION CITY OF MIAMI SOCIAL SECURITY COVERAGE PART TIME EMPLOYEES PURCHASE -SELF-CONTAINED SANITARY PUMP STATION FOR USE AT DINNER KEY MARINA FUNDS TO COVER PROJECT -"INSTALLATION OF SANITARY PUMP STATION AT DINNER KEY MARINA" CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHAPTER CITY MIAMI (CHAPTER 10847) APPOINT MRS. ANGEL BRADLEY AS ADDITIONAL NEW MEMBER CITY OF MIAMI COMMITTEE ON ECOLOGY PURCHASE 2000 POUNDS OF MANHATTAN GRASS SEED - DEPARTMENT OF PARKS AND RECREATION ACCEPT HIGHWAY RIGHT OF WAY DEED -DON G. ROMER- S.W. 38TH AVENUE 29TH STREET ACCEPT COMPLETED WORK -FENCE MASTERS INC. - EDISON AND WYNDWOOD PARKS COVENANT TO RUN WITH THE LAND -BANK OF MIAMI- PUBLIC RECORDS OF DADE COUNTY-FLORIDA DENYING CERTAIN CLAIMS -CITY ATTORNEY TO DEFEND ANY SUIT OF DAMAGES ARISING OUT OF SAID CLAIMS NEW MODERN SCOREBOARD FACILITIES AT THE ORANGE BOWL STADIUM FOOD AND BEVERAGE CONCESSION-MIAMI SPRINGS GOLF COURSE CLUBHOUSE RENTAL FEE-BAYFRONT PARK AUDITORIUM - NATURALIZATION COMMITTEE OF U.S. DISTRICT COURT CONTRIBUTION OF $1,500-CONSTRUCTION FLOATS TO BE USED IN ORANGE BOWL PARADE ACTION CODE NO. R-73-998 DENIED R-73-999 R-73-1000 R-73-1001 R-73-1002 R-73-1003 R-73-1004 R-73-1005 R-73-1006 R-73-1007 R-73-1008 R-73-1009 R-73-1010 R-73-1011 R-73-1012 0066 73-998 0067 73-999 73-1000 73-1001 73-1002 73-1003 73-1004 73-1005 73-1006 73-1007 73-1008 73-1009 73-1010 73-1011 73-1012 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CU ENTINDEX CONTINUEDPACe.= DOCUMENT IDENTIFICATION RATE INCREASE FOR TAXICABS LICENSED TO OPERATE IN CITY OF MIAMI TRANSFER REAL PROPERTY CITY OF MIAMI TO J.R. SANDERS - EAST 15 FEET, LOT #, BLK.5, KENWOOD ACCEPT BID-BROCK ELECTRIC INC-CITY OWNED PARKING LOTS -LIGHTING INSTALLATION MIAMI BASEBALL STADIUM GAF CORPORATION TO FURNISH CITY ONE GAF PRINTMASTER 770 DIAZO WHITEPRINT MACHINE ACCEPT BID -GRAY PRODUCTS CORP.-FURNISHING ICE -MAKING MACHINE -DEPARTMENT SANITATION ACCEPT BID -COLOR BROCHURES FOR THE DEPARTMENT OF PUBLICITY AND TOURISM -EASTERN LITHO- "911" AS AN EMERGENCY TELEPHONE NUMBER FOR THE CITY OF MIAMI EXTENDING HOURS OF SALE OF BEER AND WINE CONSUMPTION DECEMBER 23 & 30 - 1973 CONSTRUCTION -"DECADE OF PROGRESS" BOND ROAD PROGRAM-1974-75 DEPT. OF TRANSPORTATION BUDGET URGING STATE OF FLORIDA TO EXPAND THE COCONUT PALM PLANTING PROGRAM URGING THE BOARD OF COUNTY COMMISSIONERS DADE COUNTY TO EXPAND THE COCONUT PALM PLANTING PROGRAM DEPARTMENT OF AVIATION -RE-ROUTE CARGO PLANES OVER THE EVERGLADES TO PREVENT FUTURE SERIOUS AIRPLANE CRASHES APPOINT MEMBERS ZONING BOARD CITY OF MIAMI PURSUANT ORDINANCE NO. 8195 APPOINT MEMBERS PLANNING ADVISORY BOARD CITY OF MIAMI PURSUANT ORDINANCE NO.8195 SALARY OF MR. RALPH G. ONGIE-ASSISTANT CITY CLERK PROVIDING FUNDS FOR PURCHASE OF CERTAIN LANDS FOR PARK PURPOSES - REQUESTING ASSISTANCE FROM STATE OF FLORIDA- FUNDS FOR PURCHASE OF CERTAIN LANDS PARK PURPOSES BENEFITS IN CIVIL SERVICE PENSION-DAVID SIMPSON AND ROBERT A. DAVIS-DEPT. CITY OF MIAMI COIVISSTON ACTION R-73-1013 R-73-1014 DENIED R-73-1015 R-73-1016 R-73-1016A R-73-1017 R-73-1018 Discussion R-73-1019 R-73-1020 R-73-1021 R-73-1022 R-73-1023 R-7 3-1024 R-73-1025 R-73-1026 73-1027 RITMAL COME 110. 73-1013 73-1014 0068 73-1015 73-1016 73-1016A 73-1017 73-1018 0069 73-1019 73-1020 73-1021 73-1022 73-1023 73-1024 73-1025 73-1026 73-1027