HomeMy WebLinkAboutCC 1972-02-17 MinutesITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON FEBRUARY 17, 1972
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
INDEX TO
MINUTES OF REGULAR MEETING
CITY COtSSION OF MIAMY,FLORIDA
February 17,1972
ORDINANCE &
RESOLUTION NOS.
1. WAIVING READING OF THE MINUTES: 43220
2. DISCUSSION OF MUNICIPAL JUDGES AND ACCEPTANCE
OF RESIGNATION OF JUDGE DONALD B. BARMACK: 43221
3. PROCLAMATIONS:
4. COMPETITION FOR SCULPTURE AT MIAMARINA : 43222
5. CULTURAL DEVELOPMENT COMMITTEE - CREATION 0F: 43223
6. DINNER KEY COAST GUARD PROPERTY -ACCEPTANCE 0F: 43224
7. COMMUNICATION OF THANKS TO SENATOR EDWARD GURNEY: 43225
8. STREET CLOSING-S.W. 12TH ST. BETWEEN SW 3RD AVE
AND EXPRESSWAY: 43226
9. LANDSCAPING REQUIREMENTS -LOTS 1 & 2, BLK 12 3
MIAMI -500 W. Flagler Street: 43227
10. COND. USE -PARKING LOT ON LOTS 38z 39, AND PORTION
OF BLK B, FT. DALLAS PARK (4-65): 43228
11. CANVAS CARPORT -LOTS 16,17, 18, BLK 54, E. SHENANDOAH
3700 SW 3RD AVE: 43229
12. VARIANCE -WAREHOUSE BLDG.-LOTS 1-4, LESS E 12.5' of
LOT 1 AND ALL OF LOTS 5,6, BLK 9 HIGHLAND PARK: 43230
13. RECEIVE SEALED BIDS - SEWER BONDS: 43231
14. REQ. FOR VARIANCE- LOT 6, BLK 100 S, BRICKELL
ADD AMD. (B-113): 43232
15. SW CORNER OF NW 36 CT. AND N.W. FLAGLER TERRACE
CHANGE OF ZONING CLASSIFICATION:
16. COND. USE - AUTOMOTIVE PAINT & BODY SHOP, LOT 41,
WESTERN BLVD. TRACT (1-108): 43233
17. CONDITIONAL USE - LOTS 5 & 6, BLK 40, NEW BISCAYNE
AMD. (B-16) : 43234
18. ZONING CLASSIFICATION CHANGE-S-13.5' OF LOT 25, BLK
2, ALEXANDER COURT (26-65): (let reading)
19. COND. USE - COMMODORES ROWING AND SAILING CLUB: 43235
20. VARIANCE -CONVERSION OF EXISTING STRUCTURE ON
LOT 4 AND OUTLOT 4, BLK 2, POINT VIEW AMD.(2-93) 43236
21. ORDINANCE AMENDMENT- NEW SUBPARAGRAPH (c) TO PARA.
,(4-A) SEC. 1, ARTICLE VI- R-2 DISTRICT:
22. CONDITIONAL USE - PAINT AND BODY SHOP - 1735 N.W.
28th STREET: 43237
23. DISCUSSION OF MUNICIPAL JUDGES: 43238
43239
24. WOMAN POWER 72:
25. 3AN ARDIN4 IDBONDS & HIGHWAY IMPROVEMENT BONDS-
1
43240
ORDINANCE &
R OLUTIbN NOS .
26. MODULAR HOMES:
27, PLAZA VENETIA-DEV. REPORT TO CITY COMMISSION: 43241
43242
43243
28, UNIVERSITY OF MIAMI-RATES FOR USE OF ORANGE BOWL: 43244
29. ESTABLISHMENT OF DRUG CLINIC IN CENTRAL MIAMI AREA: 43245 ,
30. COMMENDING DR. BEN SHEPPARD FOR HIS EFFORTS IN
FIGHTING DRUG ABUSE: 43246
31. COORDINATOR FOR DADE COUNTY FOR DRUG ABUSE PROGRAM: 43247
32. AMATEUR TALENT PROGRAM -CAPITOL THEATRE:
33. APPOINTMENT OF MUNICIPAL JUDGE DAN SATIN: 43248
34. CLAIM SETTLEMENT-FRANCISCO BLANCO: 43249
35. HIGHWAY RIGHT OF WAY DEED -ACCEPTANCE OF: 43250
36. COVENANT- ACCEPTING _ HESSEN-LAZARE LTD: 43251
37. RESOLUTION AFFIRMING CITY OF MIAMI ST. MAINTENANCE
IN ST. AREA ON NE 2 AVE. FROM 35 TO 36 STREET: 43252
38. COVENANT -ACCEPTANCE OF - S. FLAGLER INVESTMENTS,
INC.: 43253
39. PARTIAL RELEASE -CENTRAL NATIONAL BANK-1520 BISCAYNE
BLVD, 1550 NE 2 AVENUE: 43254
40. FEDERAL GRANT APPLICATION -NATIONAL CONVENTION -
POLICE RESPONSE PROJECT: 43255
41. ADDITIONAL REQUIREMENTS TO APPLICATION TO FILL
SUBMERGED LAND: (1st reading)
42. DECLATORY DECREE-MILLAGE - CITY BUDGET FOR PENSION: 43256
43. BID AWARD -JOIST REPAIRS TO 0. BOWL STADIUM: 43257
- 44. BID AWARD -DR. PROJECT A-2: 43258
45. BID AWARD -CENTRAL DR. PROJECT E-25: 43259
46. DISCONTINUANCE OF BARBER AND BEAUTY PERMITS, 43260
EXAMINATIONS AND INSPECTIONS:
47. POLICE MANAGEMENT STUDY: 43261
48. RETIREMENT SYSTEM -AMENDING BENEFIT FOR POLICEMEN
AND FIREMEN: (1st reading)
49. RETIREMENT SYSTEM -AMENDING BENEFITS FOR DEPT. HEADS: (1st reading)
50. RETIREMENT SYSTEM -AMENDING BENEFITS FOR RETIREES: (1st reading)
51. GENERAL EMPLOYEES ASSOC. PROPOSAL FOR ADJ. TO
THE PENSION SYSTEM:
52. MIAMARINA IMPROVEMENTS AND ADJUSTMENTS: 43262
53. CERTIFICATES OF APPRAISAL -DOWNTOWN POLICE STATION
SITE: 43263
54 GENERAL EMPLOYEES ASSOCIATION ?ROPOSAL FOR ADJUST-
MENTS TO THE PENSION SYSTEM:
•
r'
ORDINANCE &
RESOLUTION NOS.
55. ORANGE BOWL STADIUM PUBLIC ADDRESS SYSTEM: 43264
56.
PEDDLERSOTHETHAN IN ANSE SALE OF FRESH ENCLOSED FLOWERS
ENCLOSED BUILDING:
57. SPEC. ELECTIONS -LOCATION OF POLLING PLACES IN 43265
CONTIGUOUS PRECINCTS:
58. SPECIAL BOND ELECTION -DESIGNATING INSPECTORS 43266
& CLERKS:
59. SPECIAL CHARTER AMENDMENT ELECTION -DESIGNATING 43267
INSPECTORS AND CLERKS:
60. AIR SERVICE BETWEEN MIAMI & HOUSTON, TEXAS -
URGING C.A.B.: 43268
61. CLAIM SETTLEMENT-RICARDO MORAD, SALLY CONNOR &
ARTHUR CONNOR: 43269
62. LITIGATION -CITY ATTORNEY TO DEPEND POLICE OFFICERS: 43270
63. LANDSCAPING REQUIREMENTS - REQUEST TO WAIVE IN CON-
NECTION WITH PARKING LOT - LOT 20, BLK 83N,MIAMI:
64. ANTI-TRUST LITIGATION -REFRIGERATOR GAS & CAST IRON
PIPE: 43271
65. PROPOSED BOND ISSUE FOR PARKS -FUNDS FOR PUBLICIZING: 43272
66. APPRAISAL SERVICES FOR 4 BAYFRONT PROPERTIES -FUNDS: 43273
67. LEGACY OF PARKS OPEN SPACE LAND GRANT -APPLICATION
"BICENTENNIAL PARK": 43274
68. AGMT - DEPT. OF TRANSPORTATION -STUDY OF I-195: 43275
69. SOUTH DIXIE HIGHWAY -PROPOSED 7TH LANE OF TRAFFIC:
70 PRAYERS FOR PRESIDENT ON HIS CHINA TRIP: 43276
71. MIAML DOLPHINS - EXTENDING TIME FOR INDEMNIFICA-
TION BOND-O. BOWL STADIUM CONCESSION: 43277
72. CITY OF MIAMI GROUP INSURANCE -INADEQUACIES:
73. WAINWRIGHT PARK:
74. THREAT OF LITIGATION -RIPARIAN RIGHTS AT NE 39th
STREET & BISCAYNE BAY:
75. DADE LEAGUE OF MUNICIPALITIES:
76. INTERAMA DISCUSSION:
77. LEGACY OF PARKS -APPLICATION FOR BAYFRONT PARK: 43278
78. LEGACY OF PARKS -WAINWRIGHT PARK: 43279
79. LEGACY OF PARKS -DINNER KEY BAYSHORE: 43280
80. DISCUSSION OF MUNICIPAL JUDGES -FORMATION OF
COMMITTEE: 43281
(NOT ASSIGNED SUBJ.) 43282
MINUTES OF SPECIAL MEETING:
RETIREMENT SYSTEM -AMENDING BENEFIT FOR POLICEMEN AND
FIREMEN: 8037
RETIREMENT SYS-AMD. BENEFITS FOR DEPT. HEADS: 8038
RETIREMENT SYS-AMD BENEFITS FOR RETIREES: 8039
DEMOLITION OF OLD PORT BLDGS-POSSIBLE USE OF FRANCHISE REV:43283
PROTEST BY ROXIE BOLTON-WOMAN POWER 72:
3
IIP
C ITRQ^MISSIONEOFl1I PM IETPORIOA
r
ON THE 17TH DAY OF FEBRUARY, 1972, THE CITY C MMISSION OF MIAMI,
FLORIDA, M�HEAMEETINGEWASCALLEDMEETING
TO ORDER AT A ItY IN REGULAR
ESSIO.� A.M. BY AYO
AVID I. KENNEDY ITH HE FOLLOWING MEMBERS PRESENT: MESSRS. LHRISTIE,
RAHAM, PLUMMER, MRS. CORDON AND MAYOR KENNEDY.
AN INVOCATION WAS DELIVERED BY REVEREND GRAHAM, WHO THEN LED
THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
1. WAIVING READING OF THE MINUTES
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43220
OF RTHELPREVIEVIhEBTINGE READING OF THE MINUTES
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
THAT .THE READING OF THE MINUTES OF THE PREVIOUS MEETING BE,
AND IT IS, HERBY WAIVED.
UPON BEING SECONDED BY MR. CHRIATtS, T E RESOLUTION WAS ASKED
AND ADOPT D BY THE FOLLOWING VOTE - Y: SSRS. LHRISTIE, (RAHAM,
VLUMMER, MRS. CORDON AND MAYOR KENNEDY. NO S: NONE
2.ERSNILBF_MUHIRgtk JUDGES AND ACCEPTANCE OF RESIGNATION OF
B.
MAYOR KENNEDY: BEFORE WE ET INTO THE REGUuLAR ITEMS OF THE AGENDA,
WE HAVE THE DIST NGUISL�ED STATE ATTORN Y, UONOR LE R CHARD GERSTEIN,
WITH US AND HIS CHIEF t'ROSECUTOR, THE HONORABLE JACK UR TO MAKE A
TRESEGTATION 0 TWO LETTERS IHATWERE SENT TO ME BY SIR. bERSTEIN.
HE FIRST ONE 1 RECEIVED ON IDAY RELAIING TO JUDGE LEVENSIEIN AND
THE SE OND ONE,I R CEIVED ON IEBRUARY 10TH RELATING TO THE SENIOR
JUDGE IOBIN. THE COMMISSIONERS ARE ALL AWARE OF WHAT WAS CONTAINED
IN THESE TWO LETTERS ABOUT BOTLI OF THESE JUDGES REFUSING TO WAIVE
IMMUNITY AND I HAVE ASKED MR. KOTHSTEIN TO RESKARO THIg AND TO COME
$ACK WITH A LEGAL OPINION WHICH HE WILL DO AT L:5U AND I HAVE ASK D
JUDGE LEVENSTEIN TO APPEAR HERE TOGETHER WITH HIS ATTORNEY , M.LOYD,
AND THEY SAID THAT THEY WOULD BE HERE ALSO. IF YOU WOULD ALSO ASK
THESE IOBIN AND HI MR. IORNEY TO bERSTEIN, YOUEAR ANDAT THg MR.(JRRAME WILLIME AND BE BACKSEE THISF
THEY WOULD COM�. l��
AFTERNOON BUT KNOW YOU HAVE A STATEMENT TO MAKE NOW.
MR. ROTHSTEIN: MR. MAYOR, PRIOR TO THE HONORABLE STATE ATTORNEY
MAKING HIS STATEMENT, ALLOW ME TO READ TO YOU A LETTER THAT WAS
RELIVERED TO ME THIS MORNING TO BE READ TO THE COMMISSION FROM JUDGE
j3ARMAC K .
MIAMI CITY COMMISSION
CITY HAJ.L
IAMI, tt''LORIDA
DEAR COMMfSSION:
DUg TO MY RECENT VOLUNTARY LEAVE OF ABSENCE MY FELLOW JUDGES
ON THE LITY OF MIAMI MUNICIPAL COURT HAVE HAD TO CARRY MY CASE LOAD
0 WELL AS THEIR OWN WHICH HAS PLACED AN EXTRA BURDEN UPON THEM.
IN ADDITION IT WILL PROBABLY TAKE SEVERAL MORE MONTHS BEF RE THE
CURRENT LEGAL MATTER THAT 1 AM INVOLVED IN IS RESOLVED. THIS OF
COUR E, WILL PLACE AN ADDITIONAL HARL:.IP ON THE OTHER MEMBERS OF
THE LOURT. I FEEL THAT THIS WOULD BE UNFAIR TO THEM AND THEREFORE
EEL THAT A SUCCESSOR SHOULD BE APPOINTED TO NAND E MY CASE LOAD
I THEREFORE SUBMIT MY RESIGNATION AS A JUDGE OF THE MUNICIPAL COURT
OF THE CITY OF MIAMI. 4 2-17-72
I WANT TO ASSURE YOU THAT THERE IS NO MERIT TO THE CHARGES
NOW PENDING AGAINST ME, AND 1 FULLY EXPECT TO BE EXONERATED IN
THIS MATTER.
I THANK YOU FOR HAVING GIVEN ME THE OPPORTUNITY TO SERVE THE
PEOPLE OF MIAMI AS A MEMBER OF THEIR MUNICIPAL COURT.
RESPECTFULLY SUBMITTED,
/s/ DONALD B. BARMACK
THE APPROPRIATE PROCEDURE WOULD BE FOR YOU AT THIS TIME TO ACCEPT
THE RESIGNATION.
MAYOR KENNEDY: IS THERE A MOTION ACCEPTING THE RESIGNATION?
REV. GRAHAM: MR. MAYOR, I SO MOVE AND WE OUGHT TO pO IT FORTHRIGHTLY
AND I MOVE THAT WE ACCEPT THE RESIGNATIOA OF JUDGE BARMACK.
MAYOR KENNEDY: MOVED BY REVEREND GRAHAM, IS THERE A SECOND?
SECONDED BY MR. CHRISTIE, CALL THE ROLL:
RESOLUTION NO. 43221
�FF��kF�����ig4i�4�ESbk"4d�°p�4i $N.DMMI
(HERE FOLLOWS BODY OF RESQLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPON BEING SECONDED BY MR. CHRISIIEL THE RESOLUTION
ONIWAS
AIEPA SED
AND ADOPTED RAHAM,
PLUMMER, MRS. GORDONTHE OANDWMAYORVOTE
KENNEDY. NOES: NONERS: ll.•
MR. �ERSTEIN: THANK YOU MAYOR KENNEDY. MRS. GORDON AND MEMBERS OF
OMISSION, OISSION. IRST 1 WOULDLIKE TO COMMEND THE POLICE DEPARTMENT
F THE CITY OF IAMI EORjTHE LAW ENFORCEMENT AND ESPECIALLY CAPTAIN
BRESLOW OF THE IAMI POLICE DEPARTMENT WHQ LED HE INVESTIGATION WHICH
ESULTED IN THE ARREST AND INDICTMENT OF JUDGE BARMACK AND OF A BAIL
BONDSMAN. I WOULD RESPECTFULLY URGE THIS LOMMISSION TO GO ON RECORD
CHAT YOU WOULD EXPECT AND REQUIRE AND T WILL BE A POLICY OF THIS
OMMISSION, THAT ANY CITY OFFICIAL, OR ITY EM LOYEE WHO IS CALLED
BEFORE THE STATE ATTORNEY OR THE DADE OUNTY RAND JURY TO TESTIFY
CONCERNING THE CONDUCT OF HIS OR HER AFFAIRS IN THE OFFICE OR POSITION
THEY HOLD WILL BE EXPECTED TO SIGN A WAIVER OF IMMUNITY AND NOT TO
INVOKE ANY CONSTITUTIONAL PRIVELEGE AGAINST SELF INCRIMINATION SO LONG
AS THE INTERROGATION INVOLVES THE CONDUCT OF THE PUBLICS BUSINESS.
WHICH THESE INTERROGATIONS DID INVOLVE AND THAT IT WILL BE A POLICY OF
HIS DODY, YOUR LOMMIaSION, THAT YOU WILL EXPECT A FULL REPORT BY ANY
ITY OFFICIAL OR ANY LITY EMPLOYEE OF HIS OR HER STEWARDSHIP IN OFFICE.
THINK THAT YOU AND THE CITIZENS OF MIAMI HAVE A RIGHT TO EXPECT THAT.
THINK THAT 1 HAVE HAD OCCASIONS TO INTERROGATE ALL OF YOU AT ONE
TIME OR THE OTHER CONCERNING THE PUBLICS BUSINESS AND ON EVERY OCCASION
YOU GENTLEMEN AND MRS, CORDON HAVE COOPERATED AND RESPONDED AND WAIVED
ANY PRIVELEGE YOU MAY HAVE HAD AGAINST SELF INCRIMINATION. 1 THINK
THE PUBLIC HAS A RIGHT TO EXPECT THAT AND WOULD HOPE THAT WOULD BE
THE SENSE OF THIS QMMISSION THAT YOU WOULD ADOPT THAT AS A POSITION,
AS A POLICY OF THE COMMISSION. I WOULD RESPECTFULLY URGE YOU TO DO
THAT. 1 ALSO WANT TO THANK YOU FOR YOUR COOPERATION AND WE WILL BE
HERE THIS AFTERNOON, THANK YOU.
MR. ROTHSTEIN: MR. MAYOR, MR. GERSTEIN 1 WOULD APPRECIATE IT IF YOU
COULD GIVc THIS TO US IN WRITING TO THE OMMISSION BECAUSE FOR THIS
REASON. AS YOU KNOW THE HOME RULE CHARTER USED TO HAVE A PROVISION
THAT REQUIRED THAT AND IT WAS REMOVED BY ELECTION AT YOUR REQUEST AND
THE COUNTY ATTORNEY'S REQUEST AND IT LED TO SOME PEOPLE TESTIFYING
2-17-72
5
I
AND HAVE THE COURT SAY ITS IMMUNITY SO I WOULD LIKE TO HAVE YOU
IN YOUR LETTER TELL THE COMMISSION THAT IN YOUR OPINION, THIS
POLICY ON THEIR PART WOULD NOT ACT IN THE SAME WAY AS TO GRANT
THESE PEOPLE IMMUNITY,
MR, GERSTEIN: I AM SUGGESTING A POLICY. NOT A POSITION THAT
WOULD FORFEIT THE PERSONS OFFICIAL POSITION OR EMPLOYMENT IF THEY
DID NOT WAIVE IMMUNITY. I AM SUGGESTING THAT THE LOMMISSION ANNOUNCE
A POLICY SO THAT EVERY EMPLOYEE AND OFFICIAL OF THE CITY WOULD BE
APPRISED OF WHAT IS EXPECTED OF THEM.
MR. ROTHSTEIN: MAY I MAKE A S GGESTION SO THAT WE DON'T RUIN INTO
THIS PROBLEM, THIS AFTERNOON I AM GOING TO PRESENT TO THE COMMISSION
A MEMORANDA DESCRIBING THE PROCEDURE AND 1 THINK IF THEY WOULD
ANNOUNCE APOLICY THAT ANYBODY THAT WAIVES IMMUNITY, WHO DOES NOT
WAIVE IMMUNITY WILL THEN BE SUBJECT TO INVESTIGATION BY THE
COMMISSION AS A COMMITTEE OF THE WHOLE INTO THEIR ACTIVITIES WOULD
THEN MAKE SURE THERE IS NO WAY THAT THEY COULD GET IMMUNITY IF YOU
HAVE TO PROSECUTE, I WOULD $E HAPPY TO WORK WITH YOU SO THAT WE
CAN BE SURE THESE PEOPLE DON T GET IMMUNITY.
MR. GERSTEIN: I AM NOT SUGGESTING AN ORDINANCE OR ANY ENACTMENT OF
ANY TYPE THAT WOULD DEMAN1 SUCH A REQUIREMENT UPON FORFEITURE OF THE
PERSONS POSITION BECAUSE RECOGNIZE THAT IT WOULD POSE CERTAIN
CONSTITUTIONAL PRO LEMS. I AM MERELY SUGGESTING THAT IT SHOULD BE
S
THE SENSE OF THIS LOMMISSION THAT THEY EXPECT EMPLOYEES AND OFFICIALS
TO COOPERATE WITH THESTATE ATTORNEY AND THE GRAND JURY IN THE
INVESTIGATIONS OF AFFAIRS OF THE CITY.
MR, ROTHSTEIN: I WILL BE HAPPY TO WORK WITH YOU ON THE WORDING SO
THAT THERE IS NO QUESTION ABOUT T.
1 THINK IT WOULD BE APPROPRIATE MR. MAYOR, BASED ON THIS REQUEST
BY THE STATES ATTORNEY IF YOU WOULD DIRECT ME TO WORK WITH HIM TO
IF YOU DEEM FIT, TO EVALUATE THE POLICY OF SUCH A MATTER THAT WE
DON T RUN THE RISK THAT WE RE INVOLVED IN PREVIOUS IMMUNITY
MAYOR KENNEDY: Do YOU THINK YOU COULD HAVE THIS DONE BY 2:30?
MR, ROTHSTEIN: I WILL TRY AND GET WITH JACK ORR IF HES AVAILABLE.
MR. STRAUSS: EXCUSE ME MR. MAYOR, MY NAME IS RONALD STRAUSS, I AM
THE ATTORNEY FOR JUDGE TOBIN,_XOUR SENIOR JUDGE AND I WOULD JUST
LIKE A MOMENT TO ADDRESS THIS LOMMISSION HERE TO ALLOW YOU TO HAVE
SOME INSIGHT INTO INACCURACIES, IN MY OPINION -
MAYOR KENNEDY: WELL WE,ABA NOT GOING INTO. THE CASE WILL BE GONE
INTO THIS AFTERNOON AT 2:3�.
MR, STRAUSS: I REALIZE THAT, I BELIEVE MR. GERSTEIN MADE A STATEMENT
TO YOU. 1 WOULD LIKE TO MAKE A STATEMENT AS A CITIZEN IN RESPONSE
RATHER THAN AS AN ATTORNEY.
MAYOR KENNEDY: JUST DON'T GET INTO THE MERITS OF THE CASE NOW,
MR, STRAUSS: I DON'T INTEND TO.
MAYOR Ig ygDW*LLTHIs CAS; WILL BE PRESENTED THIS AFTERNOON AT 2:30
JUDGE I
MR, STRAUSS: I BELIEVE HE WILk,. HE IS SITTING ON THE BENCH
OF THE COURT AT THIS MOMENI. IF I MAY, JUST AS A PRIVATE CITIZEN,
RENDER AN OPINION TO THIS COMMISSION. IT WOULD APPEAR TO ME THAT
WHAT WE'RE HAVING HERE TODAY, IS.A TRIAL BY PRESS AND MIEN I SAY
A TRIAL BY PRESS I REFER TO THE MIAMI HERALD ARTICLE , 1 REFER TO
ALLEGED MISCONDUCT WHICH IS NOT BEEN DELINEATED AND I REFER TO THE
STATEMENT'AS FOLLOWS AND THIS IS THE MOST AMAZING THING I HAVE EVER
HEARD IN MY ENTIRE LIFE.
2-17-72
6
AS TO AN ALLEGED ASSOCIATION, ONE OF THE ASSISTANT STATE ATTORNEYS
STATED ACCORDING TO THE MIAMI HERALD TODAY , IT HAS BEEN IN THE
NEWSPAPERS FOR TWO DAYS. NOW MY ONLY STATEMENT TO THIS COMMISSION
AS A PRIVATE CITIZEN IS THAT IT TOOK MEN TO BRING THIS COUNTRY HERE
AND IT TOOK MEN TO FORM A CONSTITUTION, EXCUSE ME, MEN AND LADIES, TO
'c FORM A GOVERNMENT OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE,
AHgY UNITEDESTATESNEVER BQEEq PRESSUREDAMERICA. I BELIEVESE WETAREERIGHTDONAVE THENEVER BEEN
THRESHHOLD
RIGHT HERE OF 198LI WITH BIG BROTHER, THE CAMERAS/L AND EVERYTHING ELSE
FACING THIS COMMISSION 1 WOULD SUBMIT TO THIS COMM;SSION THAT FOR
THE MERE SAKE OF PRESSURES OR THE PRESSURE OF ANYONE S OFFICE, WE
CANNOT ACT WITHOUT SPECIFIC ACCUSATION, WITHOUT SPECIFIC SWORN
TATEMENTS, WITHOUT MANS DAY IN COURT. ON THE BASIS OF ALLEGED AND
I USED THAT WORD ALLEGED, MISCONDUCT, WE CANNOT CONDEMM A MAN, HIS
REPUTATION, REMOVE HIM FROM OFFICE BECAUSE SOMEBODY :N A HIGH R OFFICE
THINKS THERE IS ALLEGED MISCONDUCT. Now IF THIS IS WHAT THE COMMISSION
INTENDS TO GO INTO THIS AFTERNOON, I THINK A LETTER OF POLICY TO THE
PEOPLE WHO ARE TO APPEAR HERE THIS AFTERNOON SHOULD BE MADE BY THE
TOMINTiRROGATENOT
ORLALLOWEASE AIMREAR WITH , UERSTEIN0OR MR. URRURATTORNEYTOWE INTEROGATEARE R GQQITSG
GOING TO BE A FAR CRY FROM DEMOCRACY WHEN THE ASSISTANT STATE ATTORNEY
IN CHARGE OF THE GRAND JURY AND THE STATE ATTORNEY APPEARS BEFORE THIS
OMMISSION AND DEMANDS THAT THIS COMMISSION, IN EFFECT TAKE APPROPRIATE
ACTION . YOU NOTICE HE DOES NOT SAY IN HIS LETTR TO 11AYOR KENNEDY
WHICH INCIDENTALLY WAS READ TO THE PRESS BEFORE MAYOR KENNEDY HAD
RECEIVED IT TAKES ACTION AND CALLS FOR THE RESIGNATION, FIRE THEM,
HE TAKES NO POSITION. HE PLACES THE BURDEN ON YOUR SHOULDERS WITHOUT
A SPCIFIC ACCUSATION, WITHOUT ONE AFFIDAVIT, WITHOUT A SWORN STATEMENT
AND I SUBMIT TO THE COURT THAT -
REVEREND GRAHAM: COUNSEL, AREN'T YOU ANTICIPATING THE COMMISSION?
MR, STRAUSS: I AM ANTICIPATING WHAT HAS BEEN STANDARD IN THESE AFFAIRS,
MR. ROTHSTEIN: IAM AFRAID MR, MAYOR, THAT COUNSEL IS GETTING MIXED
UP BETWEEN THE RIGHTS OF AN INDIVIDUAL IN THE CRIMINAL COURT AND THE
RESPONSIBILITIES THAT PEOPLE WHO HOLD PUBLIC OFFICE HAVE TO THE PUBLIC.
ITS UNFORTUNATE HE MADE HIS STATEMENTS NOW INSTEAD OF WAITING UNTIL
THIS AFTERNOON, BUT I THINK WHEN HE HEARS MY MEMO TO YOU HE WILL THEN
BETTER UNDERSTAND WHAT THE SITUATION IS AND WILL NQT BE PERCIPITOUS
IN ALLEGING WHAT THIS COMMISSION IS GOING TO D0. IHATS WHAT HE IS
CLAIMING STATES ATTORNEY IS DOING. You WAIT SIR, AND FIND OUT
WHAT THIS LOMMISSION IS GOING TO DO BEFORE YOU SAY THEY ARE GOING TO
DO SOMETHING WRONG.
MR. STRAU S: I JUST RENDER MY OPINION THATS OBJECTIONABLE TO ME TO
HAVE THE STATE ATTORNEY AND HIS ASSISTANT IN CHARGE OF THE BRAND JURY
APPEAR BEFORE THIA COMMISSION IN THEIR PRESENCE ON THE BASIS OF THE
MATTER THAT THIS LOMMISSION WILL BE CONSIDERING.
MAYOR KENNEDY: I ASKED MR. GERSTEIN TO COME DOWN HERE AND THIS IS
AN ITEM THAT AS OUR CITY ATTORNEY EXPLAINED TO YOU, WE HAVE TWO JUDGES
THAT HAVE REFUSED TO SIGN A WAIVER OF IMMUNITY. NOW THAT COMES UNDER
OUR ADMINISTRATIVE HIS HAS NOTHING TO DO WITH THE STATE ATTORNEY.
MR. ROTHSTEIN: THATA CORRECT SIR. I SUGGEST THAT WE CONTINUE WITH
YOUR PROCEDURE AT 2:50 AND WE'LL GET INTO IT IN DEPTH, BASED ON THE
LAW.
MR. ORR: I SIMPLY WOULD LIKE TO STATE TO THE MAYOR AND THE COMMISSION
THAT COUNSEL HAS NOT UNCHARACTERISTICALLY GIVEN AN OPINION WITHOUT
KNOWING WHAT HE WAS TALKING ABOUT.
MR. STRAUSS: I APPRECIATE THAT COMING FROM MR. ORR, PERSONALLY
RATHER THAN FROM A MAN IN HIS OFFICE.
MAYOR KENNEDY: MO THEN.
7
2-17-72
3. PROCLAMATIONS
MAYOR KENNEDY READ THE FOLLOWING PROCLAMATIONS AND UNIDENTIFIED
PERSONS APPEARED BEFORE THE COMMISSION TO ACCEPT THEM ON BEHALF OF
THESE VARIOUS ORGANIZATIONS,
MARY MC LEOD BETHUNE DAY - WEEK BEGINNING FEBRUARY 14, 1972
NATIONAL BEAUTY SALON WEEK - WEEK BEGINNING FEBRUARY 13, 1972
SAVE YOUR VISION WEEK
DESIGN AREA TOUR DAY
VARIETY TENT #33 WEEKS - LAST TWO WEEKS OF FEBRUARY 1971
4. COMPETITION FOR SCULPTURE AT MILMQRI44
MRS. NANCY,..EVANS, REPRESENTING SCULPTORS OF FLORIDA, INC., APPEARED
BEFORE THE COMMISSION AND INTRODUCED A PLAN TO PLACE A SCULPTURE ON
AN ALREADY EXISTING CEMENT FOUNDATION AT MIAMARINA AFTER HOLDING A
STATEWIDE COMPETITION OPEN TO ALL SCULPTORS IN THE STATE OF ILORIDA.
MRS. THE CONCEPT OFS PLAN
WERE FURNISHEDON BYETHEAINED ARCHITECT, MR. PLFREDHBROWNINGAF'ARKERDANDETHATNS
THE PLAN FOR THIS SCULPTURE HAD HIS APPROVAL.
MRS. EVANS EXPLAINED THAT PARTICIPATION BY THE CITY WOULD NOT
NECTHEEkSARILY VUBLICITYNDEPARTMENTLUDE THE ,1LACCOUNTINGOCATION FETC. SHETRATHER EXPLAINEDHE THATEITFWAS
THE INTENTION OF THE GROUP TO CHARGE A EEE TO THE SCULPTORS TO COVER
THE COST OF MATERIALS MAILED TO THEM. HE INDICATED THAT THE SERVICES
OF CONSULTANTS SUCH AS ARCHITECTS AND OTHERS WOULD BE DONATED BY THEM.
AFTER CONSIDERABLE FURTHER DISCUSSION, THE FOLLOWING RESOLUTION
WAS INTRODUCED BY MRS. GORDON, WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43222
A RESOLUTION AUTHORIZING THE BEAUTIFICATION COMMITTEE
OF THE CITY OF MIAMI AND SCULPTORS OF FLORIDA, INC. TO
CONDUCT A STATE WIDE COMPETITION IN ORDER TO OBTAIN A
SUITABLE SCULPTURE TO BE PLACED ON AN EXISTING FOUNDAT—
ION AT THE MIAMARINA THE SUBJECT OF SAID SCULPTURE
TO HAVE THE FINAL APPROVAL OF THE CITY COMMISSION AND
INSTRUCTING THE CITY MANAGER TO MAKE APPLICATION FOR A
FEDERAL GRANT TO PAY THE COSTS IN CONNECTION THEREWITH
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRI T c, T E RESOLUTION WAS PASSED
AND ADOPT D BY THE FOLLOWING VOTE — AILS: FSSR�S,. LHRISTIE, GRAHAM
I'LUMMER, MRS. CORDON AND MAYOR KENNEDY. NO S: NONE
5. CULTURAL DEVELOPMENT COMMITTEE - CREATION OF
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43223
A RESOLUTION CREATING A CULTURAL DEVELOPMENT COMMITTEE
AND RECOMMENDING THAT MISS NANCY VANS BE NAMED AS
CHAIRMAN OF THIS COMMITTEE
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
8
2-17-72
UPON BEING SECONDED BY MR, CHRISTIE, TH RESO UTION WAS
QASSED AND ADOPTEDBY THE FOLLOWING VOTE, - AYES: SRS)' CHRISTIE,
(RAHAM, MUMMER, MRS. bORDON AND MAYOR KENNEDY. NOLS: NONE
6. DINNER KEY COAST GUARD PROPERTY - ACCEPTANCE OF
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43224
A RESOLUTION ACCEPTING FROM THE UNITED STATES
GOVERNMENT THE ONMANCE BY QU LAM EE
F R R , 2 TH UN �E S�'AT�S OAST
MARB Ail �SQANI P EATY T D NN R KEY P MORE
PARTICULARLY DESCRIBED IN SAID DEED; RATIFYING
AND CONFIRMING THE ACTION OF THE CITY MANA E@2IN
ACCEPTING SAID CONVEYANCE ON FEBRUARY //
ADOOPTEDTTO JUNE1/,COMMON9/RESANDOLUTION DIRECTING,THESPROPERTY
64
ADOPTED 1, y/,
MANAGER TO RE-RECORD SAID QUIT CLAIM DEED AFTER
ATTACHING THE CERTIFICATE REQUIRED BY STATE LAW
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS. GORDON, TH NSOL TION WA
PASSED AND ADOPTED BY THE FOLLOWING VOT - IY�J: M SRS. LHRISTIE,
GRAHAM, IDLUMMER, IRS. bORDON AND MAYOR KENNEDY. NOL.S: NONE
7. COMMUNICATION OF THANKS TO SENATOR EDWARD GURNIY
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43225
A EDWARDLUUROFFORPHISIATION EFFORTSOU.
S. SENATOR
INOBTAININGFOR
THE CITY OF MIAMI THE FORMER U. S. COAST GUARD
PROPERTY AT DINNER KEY
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON
NIDBEING
ADOPTEADSECONDEDHEzBY MRS. FOLLOWI�NGVOTE -YLRDON, AS: MTION
PASSEDAR WALHRISTIE,
GRAHAM, 1LUMMER, MRS. bORDON AND MAYOR KENNEDY. N�rOES: NONE
•
8. STREET XC OSMO S, 1J. 12TK STREET BET EEN S. t. 5 AVENUE AND
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE WHO
MOW ITS ADOPTION:
RESOLUTION NO. 43226
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING OR PUBLIC USE S. W. ILTH STREET
BETWEEN S. W. 5 AVENUE AND THE EXPR $WAY, IN
T ACCORDANC CTH NVTA y PLAT NO. /94, DESIG-
NATED AS MBtJN SUBUIVISIUN SUBJECT TO RECORDING
FORMAL PLAT
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
9 2-17-72
U
EING
ED
Y MR.
ASSEDPANDBADOPTEDCBYDTHEBFOLLOWCINGHMOTET-EAYLS: ME�SO,,N $. WAS,
URAHAM, MUMMER AND MRS. CORDON AND MAYOR KENNEDY. NOES: NONE
9. rA ScInARRI ES - LOTS 1 & 2. BLOCK 12S MIAMI
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43227
A RESOLUTION GRANTING PERMANENT
��IIWAIVER OF CERTAIN
LANDCIS CAPING TYCOMMISSIONUIREMENTS, RESOLUTIONONO.'411/5 FORVEADBY
PERIQ
OF ONE YEA IN ACCORDANCE WITH R INANCE NO. bsll
ARTICL AA11I4, SECTION 5, ZONED L-(GEtI JI-COMM
D
ERCIAL) AND EXTEND x RESOLUTION NO. 4��LU
ADOPTED FEBRUARY 1/, 371, FOR AN ADDITIONAL YEAR
(ONRFILEE LINWTHES O(.ITYDY FCLERKSUUFFICE)MITTED HERE AND
UPON BEING SECONDED BY MR. CHRISTIE, TH EUTION WAS
eASSED ANDADOPTER BY THE FOLLOWING VOT - AYES:SOM SRS CHRISTIE,
1'LUMMER, bRAHAM, ADOPTER (JORDON AND MAYOR KENNEDY. NUtb: NONE
10. CONDITIONAL�usE - PARKING LOT ON LQIS 38. 39 AND PORTION
=0F LOCK ORT ALLAS AR,K
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43228
A RESOLUTION GRANTING A "CQQNUITI NAL USE" AS
PROVIDED III RDI ANCE NO. S l C
S TION 2 `8 (A TO PERMIT n T M liR AG
T IJALLRSS AKK (4-85),�OTOION OF BE PAVEDOCK
WITHjOIL
f4ND SAND, WAIVING INTERIOR AND CERTAIN EXTERIOR
LANDSCAPING EQUIREMENTS, FOR A PERIOD OF ONE
EAR, LOCAT DAT SOUTHWEST CORNER L. TH
IREET ANDS. . 2N VENUE, IN A -3
LENTRAL LOMMERCIAL) LISTRICT ;SUBJECT TO THE
CITY COMMISSION RE-EVALUATING THIS MATTER AT THE
END OF SIX MONTHS TO DETERMINE WHETHER ADEQUATE
LIGHTING UNDER THE PROPOSRn NEW PARKING LOT
REGULATIONS SHOULD BE PROVIDED
CHthe follows
ofg ��° •, o pitted here and on file in
UPON BEING SECONDED BY IRS. GORI TH RESOLUTION WAS PASSED
AND ADOPTEDFOLLOWINGVOTE CORDON AND MAYOR KENNEDY. NO S: NONE
MR. SIDNEY ARONOVITZ REPRESENTING THE APPLICANT APPEARED AND URGED
THE ADOPTION OF THE RESOLUTION.
11.
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43229
NO. 4,16/1TION ARTICLETING A V1, SECTRDNNCE(1) M TOPERMIT
RE �ISSQNN OF CANV(IS CARPORT WITH FRQ T ETBAC$ OF
IN j.QTSl6,l7,1L C K 74?AStIHEMOAD (14"571 LOCATED AT �O . W.
AVENUE, IN AN R-2 (TWO-FAMILY) DISTRICT
10 2-17-72
ft)
(HERE FOLLOWS BODY OF RESOLUTION, QMITTED HERE AND
ON FILE IN THE IITY CLERKS FFICE)
AND UPON
gMGMR,
V07ELUMAgR�,TH� RESOLUTION WAS EASSED
x Ij ESS S, MUMMER, HRISTIE
GRAHAM, MRS. bORDON AND MAYOR KENNEDY. NOES: NONE
12, VAR ANC -.WAREHOUSE BUI iIM S75' LIT .,
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43230
$B SOLUTION GRANTING A VAR AfJCg FROM ORDIFANCE NO.
JJ , ARTICLE XVI, SECTION ( TO PERMJT CONSTRUCTION
OF A F�HOUSE BU LDING ON S 5' OF LOTS 1 THRU LESS
0 OT AN ALL OF LOTS 5 AND 6, BLOCK 9,
HI ND i'AKK (-15)? WITH gT$A K FROM RESIDENTIALLY
ZON 0 TION QF PARCEL OF U t1 REQUIRE ), LOCATEQ
AT I O W. / VENUE,IN A C-4 ( ENERAL COMMERCIAL)
AND - MEDIUM IJENSITY ULTIPLE) IJISTRICT
(HERE FOLLOWS BOW/ OF RESOLUTION, QMITTED HERE AND
ON FILE IN THE I.ITY CLERKS OFFICE)
UPON BEING SECONDED BY MR. PLumugB, THE RESOLUIION.WAS PASSED
AND A OPTED BY THE FOLLOWING VOT - AYL : MESSRS. bRAHAM, PLUMMER,
MRS. CORDON AND MAYOR KENNEDY. NOES: MR. CHRISTIE
2-17-72
•
13. BIDS - $5,OOO4000 SANITARY SEWER BONDS AND $2.000.000
HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI
AT 11 O'CLOCK A.M. EASTERN STA DARD TIME, THE CLERXRK ANNOUNCED
THAT PURSUANT TO LEGAL NOTICSALE OF � ���� 8OM�ANITARYA�EWEADR JiONDSTO RANbIVE
Atm UUU UUU FOR HIGHWAYEIMPROVEMENT,BONDS OF THE CITY OF MIAMI, FLORIDA
THEREUPON THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, PLUMMER
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43231
A RESOLUTION TO RECEIVE, OPEN, READ, AND REFER
TO THE CITY MANAGER
$$FOR TABULATION AND REPORT,
BIDS RESOLUTIONRNO, 45L11 FORE CEIEED $ALHISFD$bEOuu,UUO
SANITARY SEWER BONDS AND $Z,OUO,UOU HIGHWAYUU
IMPROVEMENT BONDS OF THE CITY OF MIAMI
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
NQ zy 3 BIDS AUTHORIZED �g ��OR���IJANITARY �EWERU(�DER RESOLUTION
NQ,O4SO,l / FOR THE SALE OF , BONDS AND
1 U OO HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI, fLORIDA,
CE, AND THEY ARE, HEREBY RECEIVED, OPENED, READ AND REFERRED TO THE
ITY MANAGER FOR TABULATION AND REPORT.
UPON AND ADOPT DEBYGTHECONDED FOLLOWBY INGMR. VOTEH-IMYLS: TMR.RLHR1STIEN MRS.WAS PASSED
GORDON,
REVEREND bRAHAM, MR. FOLLOWING
AND MAYOR KENNEDY. NUB: NONE
BIDS WERE RECEIVED FROM THE FOLLOWING:
IRSI I4ATIDNAL BANK OF MIAMI
HE t' RST BOSTON CORPORATI ON, FIRST NATIONAL BANK OF MEMPH I S,
ANC NOR HWEST JOINT NANA ERS AND ASSOCIATFS
au':►
AD 'UNICI LAS, V. OF )ILLON, READ AND CO.. INC..
a
Ill,
HASE NHAT N :ANK N.A. MAN GER AND ASSOCIATES
YNCII, RCFj FNNFR AND MTTH IN ATFS
ARTMAN ILLON SECURITIE &Co, INCI. TEPHEN S INC.
EHMAN OTHERS NCORPORATED.. KUHN, LOEB & , Rc AS.nr_0.
COUNT AND
ALSEY,STUART ANQ CO.,INC.) IDDER, PEABODY & CO.
i
NCORPQRATED AND MSSQCIATES
IRST NATIONAL CITY BANK, THE ORTHERN RUST OMPANY,
ONTINENTAL ILLINOIS PIATIQNAL ANK AND RU�$T OMPANY OF
flICAGO, WEED N AND CO , INCOBPO AT D, W. K. ORTON & CO
DIVISION OF AMERICAN b(P�jESS), t . SMITHERS AND CO., INC.
IRST WIS ONSIN NATIONAL DANK OF NIL ., W CHOVI
ANK AND RUST OMPANY, ALTGELT AND LO., INC., PROVIDENT
TIO '► V. 0 W ��' CO
ORGAN UARANTY RUST OMPANY OF 'EW ORK, SALOMON
MITH, ARNEY AND CO., INCORPORATED (MANAGER) AND
a_
TTHEWS AND WRIGHT, INC.
MAR. 2, 1972
14. REQUEST FOR VARIANCE y2O0' OF N.400' LOT 6, BLOCK 100S
RICKEL' . ADD. Ai B. th-i1
MR. FORNEY SMITH REPRESENTING SHERDAK DEVELOPMENT CORPORATION
APPEARED BEFORE
INTHE
CONNECTIONOWITH THEURGE
ABOVEADOPTION
RESOLUTION
GRANT VARIANCEDESCRIBED PROPERTY.
MR. GEORGE ACTON, DIRECTOR OF THE PLANNING DEPARTMENT, SPOKE
AGAINST ADOPTION OF THE RESOLUTION STATING THAT NO HARDSHIP EXISTS
TO JUSTIFY GRANTING THE VARIANCE, THAT THE ADDITIONAL STRUCTURES
REQUESTEDONNGDISTRICTRECENTLY APPLIED TOTHE SUBJECT AREA.
ND THE ORDNTMOF THE
KGZ .
.AFTER FURTHER DISCUSSION, THE FOLLOWING RESOLUTION WAS INTRODUCED
BY MRS. ORDON WHO MOVED ITS ADOPT I Ot :
RESOLUTION NO, 43232
A RESOLUTION TO REFER TO THE URBAN DEVELOPMENT
REVIEW BOARD FOR STUDY AND RECOMMENDATIOLIHE
REQUEST FOR VARIANCE ROt(� O DINANCE NO. WillARTICLE IV, SECTION 19 (/) (C) TO PERMIT ADD-
ITION OF ONE DECK TO PARKING'STRUCTURE UNDER
BUILD1UG PERMIT ISSUED PRIOR TO CHANGE OF ZONING
TO 13 STRUCTURE NOW BEING NON CONFORMING ON
00 F NQ T1j 4Q0' OF LOT 6, BLOCK 100S
R L ADu, AMU tB-113) PROPOSED HIEGHT TO BE
F
0 1 PERMIT]j UNDER PREVIOUS ZONING QF
f�-C LOCATED AT 1i 0 I3RICKELL AVE., IN AN K CB
(RESIDENCE OFFICE DISTRICT
(HERE FOLLOWS BOY OF RESOLUIzION, OMITTED HERE AND
ON FILE IN THE LITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRI T , Tr RESOLUTION WAS PASSED
AND ADOPT D BY THE FOLLOWING VOTE: AYiS: SSR�S,. LHRISTIE, GRAHAM,
t'LUMMER, MRS. CORDON AND MAYOR KENNEDY. NO s: NONE
15, :.latinicA1�.....; % fi+avitik
AN UNIDENTIFIED PERSON REPRESENTING THE APPLICANT APPEARED
EFORE THE OMMISSION TO REQUEST ZONING CHANGE FOR THIS PROPERTY,
HE STATED THAT THIS CHANGE WAS BEING REQUESTED TO PROVIDE ADDITIONAL
PARKING FACILITIES FOR ALREADY EXISTING BUILDINGS. HE SUBMITTED
PHOTOGRAPHS SHOWING OLD FRAME BUILDINGS ON THE PROPERTY WHICH WOULD
BE DEMOLISHED IF THIS CHANGE IS GRANTED,
RS, CORDON INQUIRED WHY A CHANGE OF ZONING CLASSIFICATION WAS
REQUESTED WHEN A CONDITIONAL USE WOULD HAVE BEEN MORE APPROPRIATE.
AFTER FURTHER DISCUSSION 1 WAS AGREED TO DEFER THIS MATTER
UNTIL THE MEETING OF MARCH L, 72 AT WHICH TIME THE APPLICANT
HIMSELF IS TO BE PRESENT TO EXPLAIN THIS REQUEST.
r3
161 lk
NApilyfoRINT
& BODIOHOP, LOT 41,
MR. LARRY KANE, ATTORNEY REPRESENTING THE APPLICANT MARION
GONZALEZ APPEARED AND PRESENTED ARGUMENTS IN FAVOR OF THE ADOPTION
OF THE RESOLUTION.
MR, P. HYMAN APPEARED AND OBJECTED TO THE REQUEST ON THE GROUNDS
THAT THE CITY AND THIS AREA IN PARTICULAR HAS TOO MANY PAINT AND BODY
SHOPS ALREADY AND THAT THEIR PRESENCE CAUSES A DETERIORATION OF REAL-
ESTATE VALUES TO NEIGHBORING PROPERTY,
AFTER CONSIDERABLE DISCUSSION, THE FOLLOWING RESOLUTION
WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43233
A RESOLUTION GRAN L
A "CONDITIONAL USE" AS P 0 IDED
IN ORDINAN �AICLE jj(( $zION 1 (3/ (A),
espRJou
� p I A�V�j�U�f $��t'ONLOTAKU TC� -18g) AT APPROXIMA E' Y
T..1�6
29TH TREET, SUBJECT TO NO OPENINGS IN THE SOUTH
WALL, VENTING THROUGH THE ROOF, DRIVEWAY RELOCATED TO
THE SIDE OF LOT OPPOSITE PARKING SPACES, PROPOSED
STRUCTURE TO BECONSTRUCTED TO THE SOUTH LOT LINE IN
ACCOFFOICEJ LONEDT(-4 ((3ENERALON L(OMMERCIAL)�
E PLANNING BOARD
(HERE FOLLOWS BODY OF RESQLUTIO(V, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS. GOR 0 TH RESOLUIION WAS PASSED
AND A OPTED BY THE FOLLOWING VOT - RY $: ME SRS bRAHAM, PLUMMER,
MRS, CORDON AND MAYOR KENNEDY. RBSTAI ING: MR. CHRISTIE.
17. CONDITIONAL USE- LOTS 5 & 6, BLOCK 40. NEW B1 SCAYNE AMENDED (B-16)
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS, GORDON WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43234
A RESOLUTION RAN (�C� A "CONDITI L SE" AS PRQ�Ij E
IN URDINANCE R0. 05/1ARTICLE 1.111, CATION 1�(11 C�),
TO PERMITgE F FilTIE 0 S LY 22
To? L g NgW EI A ARENE6D(B-16)
FOR AIBI AE BENtAIa, SUBJECT TO NO ung HAN
IWO OR MENTAL OFFICES, j�9C 9 AT 3LDD ARWII
T, WIT�AIE ISETBACK 0E IL (1 REQUIRED , NE LY
TBACK F 1L ( U REQUITRED, ZONED -4
EDIUM DENSITY ULTIPLE)
(ONRFILEE LINWTHES OCITYFCLERKSUUFFICE)MITTED HERE AND
UPON BEING SECONDED BY REVEREND GRAHAM E R SOLUTIONN WAS
GfASSED RAHAM AND ADOPTER
BY IHE FOLLOWING VOT�y� - AYts: SRS UHRISTIE,
, MRS, CORDON AND MAYOR KENNEDY. N LS: NONE
2-17-72
i
18. MoallifCWHANGE - S 13. ' OF LOT 25, BLOCK 2
AN ORDINANCE ENTITLED -
AN ORDI ANCE AMENDING ORDINANCE NO. 6871 (COMPREHENSIVE
LONING RDi�I,jN NCE) Y CHANGING THE ZQN N S ATION
Q Tt� 15.� 0 QT 25, BOCK L, HL RAND -K CUUKT
(Lb-bs), FROM C-4 bENERAL BLOCK
TO 1-- 0W-
DENSITY MULTIPLE), LOCATED AT APPROXIMATELY 1939 N. W.
2L AVENUE; AND BY MAKING THE NECESSARY CHANGES IN THE
QNa NG DISTRICT MAP MADE A PART OF SAID ORDINl�aCE NO,
2S/1 BY REFERENCE AND DESCRIPTION IN HRTICLE 111,
SECTION 2 THEREOF) REPEALING ALL LAWS IN CONFLICT HERE-
WITH AND PROVIDING FOR A SEVERABILITY CLAUSE HEREIN
WAS INTRODUCED BY REVEREND GRAHAM, SECONDED SECONDED BY MR, PLUMMER
AOTE -
YLS: MES�$RED N ILHRISTIE,S FIRST RbRAHAM,ING BP'LUMMER,TITLE BMRS. bORDONWING AND MAYOR
KENNEDY. NOt.S: NONE.
19. CONDITIONAL USE - COMMODORES ROWING AND SAILING CLUB
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS, GORDON
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43235
A RESOLUTION GRANTING A "CQNNDITIONAL USE" AS
PR(6),C6),
QVID�D IN ORDINANCE NO. bb // , ARTICLE X, SECTION 1,
)) B , TO PERMIT OPERATION OF PRIVAT CLUB, KNQWN
AS "COMMODO ES ROWIN AND SAILING CLUB , ON LQ 4
AND OUTLOT 4, BLOC
K , POINT VIEW AMENDED (2-93), FOR
A TWO-YEAR PERIOD SUBJECT TTO PARKING LAYOOUT AS APP-
ROVED BY IHE PLANNBAYSHORE DRIVE, INIAN K-5A(HIGHTUENSITYEIMULTIPLAT EE�
DISTRICT SUBJECT TO DEDICATION OF NECESSARY RIGHT
OF WAY FOR STREET PURPOSES
(HERE FOLLOWS BODY OF RESQLUTIO(V, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. PLUMMER, THE s SOLUTION WA
GPASSED AND ADOPTER BY IHE FOLLOWING VOTE - HMS: I'1 SRS. LHRISTIE,
RAHAM, PLUMMER, MRS. bORDON AND MAYOR KENNEDY. NOLS: NONE
MR. JOHN DAVIS REPRESENTING THE APPLICANT APPEARED AND PRES-
ENTED ARGUMENTS IN FAVOR OF ADOPTION OF THE RESOLUTION.
MR. GEORGE ACTON, DIRECTOR OF THE PLANNING DEPARTMENT SUB-
MITTED A CHART OF THE POINT VIEW AREA TO THE COMMISSION EXPLAINING
THAT IT WAS THE INTENTION OF THE CITY TO WIDEN THIS ROAD AND IMPROVE
THIS AREA AND EVENTUALLY JOIN IT WITHTHE AREA OF THE 4 AMBASSADORS.
HE FURTHER EXPLAINED THAT CERTAIN PROPERTY OWNERS IN THg AREA HAD
NOT SIGNED THE NECESSARY PAPERS WHICH WOULD PERMIT THE LITY TO DO
THIS. AFTER FURTHER DISCUSSION IT WAS ASCERTAINED THAT THE PROPERTY
IN QUESTION HAD CHANGED HANDS RECENTLY AND MR. DAVIS, ON BEHALF OF
THE OWNER STATED THAT IF THIS CONDITIONAL USE COULD BE GRANTED HE
WOULD AGREE TO THE REQUEST OF THE CITY AND SIGN NECESSARY PAPERS
TO PERMIT THE STREET IMPROVEMENTS.
2-17-72
•
•
20. VA lg - GONVERSL - iTAREl'V�tm oS ON LOT 4 AND
JTLOT , BLOCX 1. I Y I t RNL UJ )
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43236
RO. 06/1, ON ARTICLETX,, SECTIONG A A5C(2) (C)OTOINANCE
PERMIT
ONVEiiRSION OF EXISTING STRUCTURE LOCATED ON l,QT
4 AND OUTLOT 4, BLOCK 2, POINT VIEW AMENDED 1L-93)
TO PRIVATE CLUB A� A NDITIONAL I1SE, WITH NORTH
SIDE SETBACK OF ' ( REQUIRED)) AND WITH SOUTH
1465 IiAYBHOREOIJRIVE, INOANTI! (HIGGH-UENSITI-AT
ULTIPLE) DISTRICT SUBJECT TO DEDICATION OF NECE-
SSARY RIGHT OF WAY FOR STREET PURPOSES
(HERE FOLLOWS BOY OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, TH RESOLUTION W�S
PASSED A D ADOPTER BY THE FOLLOWING VOTE - AYES: SRS. HRISTIE,
GRAHAM, 'LUMMER, MRS. CORDON AND MAYOR KENNEDY. NOh5: NONE
MR. JOHN DAVIS REPRESENTING THE APPLICANT ALSO APPEARED IN
CONNECTION WITH THIS APPLICATION.
•
•
/4
•
21, MAIANipenKNIRiar WiMGENEI
TO PARAGRAPH
THIS MATTER WAS REFERRED IQ THE CITY ATTORNEY FOR STUDY AND
OPINION AND REPORT BACK TO THE IOMMISSION.
2-17-72
•
221 CONDITIONAL USE - PAINT AND BODY ShOP - 1735 N. W. 28TK STREET
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER, WHO
MOVED ITS ADOPTION:
RESOLUTION N0, 43237
A RESOLUTION DENYING APPLI ATTON FOR CONDITIONAL USE AS
PEQVID D IN ORDINANCE NO. b87I, ARTICLE XV , SECTION ,
(5/)(A), TO PERMIT THE E z LISrMENT OF A FAINT SHOP UN y
IN STQQ CT RE LO ATFD AT I/55 N,1k, 28TH S REET, ON LQI�S 55
THRU SS, BLOC 1, ALLAPATTAH COMMERCIAL CENTER (21-/L),
WAIVING 5 OF 13 OFF. -STREET PARKINS S ACES REQUIRED FOR
CONBINATION USE ON SITE, ZONED L (bENERAL LOMMERCIAL_
(HERE FOLLOWS BORN' OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR, CHRISTIE) TjjijE RESOL TION WAS ASSED
AND ADOPTED BX THE FOLLO1 NG VOTE: AYES: I1ESSR ev i ��T ,ih��UMMER,
MRS. bORDON AND MAYOR KENNEDY. NOES:
MR. JOAQUIN FERNANDEZ, THE APPLICANT, APPEARED AND PRESENTED ARGUMENTS
IN FAVOR OF HIS REQUEST FOR CONDITIONAL USE.
MR. ACTON, DIRECTOR OF THE PLANNING DEPARTMENT STATED THAT DUE TO
ALREADY OVERCROWDED CONDITIONS IN THE AREA,HE DID NOT FEEL THAT ANY
WAIVER OF PARKING SPACES COULD BE PERMITTED, OR JUSTIFIED IN THIS AREA.
AN UNIDENTIFIED MAN APPEARED AND OBJECTED TO THE APPLICATION ON
THE GROUNDS THAT THERE WERE ALREADY TOO MANY PAINT AND BODY SHOPS
IN THE AREA.
MR. SIMPSON, EXFCUTIvE SECRETARY OF THE PLANNING BOARD: IN FAIRNESS
TO THE APPLICANT, THE 17 PARKING SPACES THAT WE WERE REQUIRED TO
WAIVE IS FOR THE COMBINED USES OF TWO STRUCTURES ON THE PROPERTY.
THE SURVEY WHEN SUBMITTED TO THE PLANNING BOARD OFFME SUIOWED THAT
IT WAS COMBINED USE AND THIS IS WHERE WE CALCULATED 15, DURING THE
COURSE OF THE PUBLIC HEARING, WE DISCOVERED THAT THE OWNER HAD SOLD
OFF THE ONE BUILDING AND THAT ALL OF THE PARKING WHICH PRESENTLY
EXISTS ON THE COMBINED PARCEL IS ATTACHED TO THE STRUCTURE THAT THIS
GENTLEMEN RENTED LAST NOVEMBER BUT WE HAD THE OWNER AND HE REFUSED TO
SUPPLY OUR OFFICE WITH AN UP TO DATE SURVEY OF THIS PROPERTY AND SO
WE WERE FORCED TO PROCED WAIVING THE PARKING FOR THE COMBINED TOTAL
USE OF THE PROPERTY. IF HE SUBMITS AN UP TO DATE SURVEY AND HAS A
PROPER PLOT PLAN OF THE LAYOUT FOR WHATEVER PARKING HE CAN SUPPLY
ON THIS PARCEL OF LAND UNDER QUESTION, IT MIGHT BF A SITUATION WHERE
HE DOESN'T HAVE TO WAIVE ONE PARKING SPACE, 1 DON T KNOW. UT HE
STILL WOULD REQUIRE THE CONDITIONAL USE APPROVAL FOR THE PAINT AND
BODY SHOP.
MAYOR KENNEDY: MR. EMMER, WHY DI YOU TAKE SUCH A LONG TIME GIVINQ
THIS INFORMATION TO OUR MANNING DEPARTMENT WHEN THEY ASKED FOR IT.
YOU UNDERSTAND ENGLISH DON'T YOU. NOW COME YOU TOOK SO LONG IN
DELAYING THIS INFORMATION THAT OUR DEPARTMENT ASKED FOR.
MR. EMMER: I DIDN'T KNOW ANYTHING. I RENTED IT OUT TO THEM AND I
TOLD THEM IF THEY CAN GET PERMISSION, ITS AL'. RIGHT WITH ME.
MAYOR
ANDINGKENNEDY.
EDUCATORTHE
INPROBLEM
LUBAJANDSATHAT
FINEMR,
MANrANDAIDTHINKEZ WHO
WAS AN O VT -
THAT M�MR.ISAAC
LMMER RENTED THIS PLACE TO HIM WITHOUT TELLING HIM ALL THE PROBLEMS
IH
AT THERE WOULD BE INVOLVED IN IT AND I FEEL BAD ABOUT IT THAT MR.ERNANDEz WAS TAKEN THE WAY HE HAS BEEN TAKEN, 1 PUT THE BLAME ON
YOU MR. tMMER FOR NOT TELLING HIM THE PROBLEMS THAT HE WAk GOING TO
AVE AND THEN WHEN HE HAD TH SE PROBLEMS, NOT GIVING OUR MANNING
DEPARTMENT WHAT HE NEEDED. I THINK ThAT IS A DISGRACE.
MR. EMMER: I WOULD LIKE TO EXPLAIN Tr.,-Cr hE WANTED TO RENT IT FO$
A PAINT SHOP OUT THERE AND I SAID IF YOU CAN GET PERMISSION BUT 1
ON T WANT TO KNOW ANYTHING. ITS A OkREHOUSE, ITS GOT NO PARKING.
DIDN T PROMISE HIM ANYTHING.
4 2-17-72
HE WENT TO THE POLLUTION BOARD BUT HE FORGOT TO COME HERE AND ASK
FOR THE CHANGE IN ZONING,
MAYOR KENNEDY: You MEAN jO TELL ME YOU DIDN'T KNOW THIS AT THE
TIME THE LEASE WAS SIGNED( 1 CAN GUARANTE YOU THAT YOU HAVE THAT
LEASE IN GOOD SHAPE, I UNDERSTAND THAT. WHAT I AM SAYING THAT YOU
HAD A MORAL OB IGATION TO TELL THIS MAN THAT HE WAS GOING TO HAVE A
DIFFICULTY HE HAS INVESTED HIS MONEY_IN IT, WHAT LITTLE MONEY HE
DOES HAVE, TRYING TO MAKE A LIVING AND i THINK THAT YOU HAVE TAKEN
THIS MAN PRETTY WELL.
MR, EMMER RE-EMPHASIZED THAT HE HAD NOT PROMISED ANYTHING TO THE
LESSEE OF THE WAREHOUSE
REV. GRAHAM; WHAT WERE SAYING IS THAT YOU DIDN'T PROMISE HIM
ANYTHING BUT YOU DIDN'T TELL HIM WHAT THE PITFALLS WERE EITHER.
MR. EMMER: I DIDN'T KNOW THEM. MY BUSINESS IN LIGHT MANUFACTURING,
I TOLD HIM THAT THAT THE AREA WAS ONLY FOR LIGHT MANUFACTURING.
MR. PLUMMER: MR, MAYOR, I THINK IN ALL FAIRNESS TO BOTH PARTIES
CONCERNED, WE'RE TALKING ABOUT THE WAIyER OF THE PARKING PRIMARILY
WHICH IS WHAT THE SURVEY WOULD SHOW. 1 THINK THE POINT BROUGHT OUT
BY .THE ADMINISTRATION ARE GOOD POINTS AND THE ONLY THING WE WOULD
ACCOMPLISH BY A SURVEY WHICH WOULD PUT THIS GENTLEM N TO MORE EXPENSE
WOULD BE ONLY TO ALLEVIATE THE PARKING SITUATION. I THINK THE THING
THAT HAS TO BE TAKEN INTO CONSIDERATION IS THE PROXIMITY THIg LIES
TO THE SCHOOL OR TO THE PARK AND TO THE TURNKEY PROJECT AND MR.
MAYO I THINK IT WOULD BE AN INJUSTICE TO DEFER THIS ANY FURTHER
AND AM NOT GOING TO CHANGE MY MIND ABOUT THE PAINT AND BODY SHOP
AND WILL STAND ON MY ORIGINAL MOTION TO DENY.
MAYOR KENNEDY: I FEEL BADLY THAT THIS FINE MAN WAS TAKEN AND I
THINK THAT THIS HAS BEEN DONE TOO MUCH IN THIS AREA AND THESE
PEOPLE OWN THIS PROPERTY, AND YOU ARE LAUGHING BECAUSE YOU GOT HIM
ON A LEASE BUT LET ME TELL YOU SOMETHING, YOU HAVE USED THE LANGUAGE
BARRIER AND YOU DON'T EXPLAIN WHAT YOU KNOW THAT THEY ARE GOING TO
HAVE TO GO THROUGH. HE HAD NO IDEA HE HAD TO COME DOWN HERE AND GET
A CONDITIONAL USE. IF YOU DIDN T KNOW, YOU SHOULD HAVE KNOWN AND YOU
HAD THE MORAL OBLIGATION TO TELL THIS MAN . YOU WERE WRONG AND
JUST DON'T LIKE ANYONE DOING THINGS LIKE YOU DO BY USING PEOPLE
AND THE LANGUAGE BARRIER BUT THIS A BAD THING TO BE PUTTING IN THIS
NEIGHBORHOOD AND THIS IS THE PROBLEM AND HE SHOULD HAVE TOLD YOU
THAT YOU WERE GOING TO HAVE TO COME DOWN HERE, BEFORE YOU RENTED
IT AND PAID YOUR MONEY AND WENT TO THE EXPENSE OF TRYING TO SET UP
A BODY SHOP. MRS. CORDON IS HERE AND HAS VOTED YES AND BY A -1
VOTE THIS HAS BEEN DENIED.
RECESS: The meeting was recessed at 12:25
until 2:30 P.M.
NOTE: The meeting was reconvened at
2:45 P.M. with all members present.
2-17-72
10
a
23, DISCUSSION OF MUNICIPAL JUDGES
MAYOR KENNEDY: WE HAVE AN ITEM THAT IS NOT SCHEDULED EUT BEAUSE OF
HE IMPORTANCE OF IT, WE HAVE ASKED OUR DISTINGUISHEDSTATE ATTORNEY
ICHARD iERSTEIN TO COME DOWN, IS MR-}. ORR HERE YET. YES, HE IS HERE.
E ALSO HAVE THE ATTORNEYS FOR JUDGE IOBIN AND JUDGE LEVENSTEIN HERE.
THINK YOU MAY SUGGEST THE FORMAT FOR US TO FOLLOW MR. ROTHSTEIN.
MR, ROTHSTEIN: WELL I THINK THAT IT WOULD BE APPROPRIATE FOR ME TO
READ z0 YOU MY MEMORANDUM THAT 1 PREPARED IN RESPONSE TO YOUR REQUEST
LAST I'RIDAY WHICH I HAVE SUBMITTED TO PHE COMMISSION AND THEN TO READ
TO YOU THE RESOLUTION WHICH I..HAVE PREPARED AFTER YOU DIRECTED ME THIS
MORNING AFTER THE REQUEST OF MR, bERSTEIN. AT THAT POINT, I THINK IT
WOULD BE APPROPRIATE TO CALL ON MR, ORR AND MR, GERSTEIN TO ADVISE YOU
OFFICIALLY OF WHAT TOOK PLACE IN HIS OFFICE CONCERNING MUNICIPAL ;JUDGES
AND THEN IT WOULD BE APPROPRIATE TO CALL UPON THE ATTORNEYS FOR THE
MUNICIPAL JUDGES TO ADVISE YOU THEIR FEELINGS ON THIS MATTER, AT THIS
POINT, THIS IS NOT A HEARING ON THE MATTER AS SUCH, THIS IS AS YOU
KNOW FROM THE MEMO AND I WILL READ IT, IF YOU FEEL IT APPROPRIATE,
YOU WOULD THEN APPOINT A COMMITTEE UNDER THE CHARTER, BEING A COMM-
ITTEE OF ONE OR MORE OR ALL OF THE LOMMISSION TO PROCEED UNDER THE
CHARTER TO LOOK INTO THE MATTER AND LET ME READ' MY MEMO TO YOU AND
THINK IT. WILL CLEAR EVERYTHING UP.
MAYOR KENNEDY: DID THE ATTORNEYS GET COPIES OF YOUR MEMO?
R. ROTHSTEIN: Y S SIR. THIS IS DIRECTED TO THE HONORABLE DAy Q T.
ENNEDY, MAYOR, IN RESPONSE TO YOUR REQUEST OF FEBRUARY 11, 19/2,
SING LAST t'RIDAY, I sup!' THE FOLLOWING. YOU HAVE ADVISED ME THAT
STATE ATTORNEY KICHARD L. bERST IN, INFORMED YOU BY LETTER THAT ONEED
OF THE MUNICIPAL JUD ES, J DGE LEVENSTEIN, WHEN ASKTO ESTIFY
BEFORE AN ASSISTANT STATE ATTORNEY, CONCERNING THE JUDGE TESTIFY
MATTER REFUSED TO WAIVE IMMUNITY AND THEREFORE HIS TESTIMONY WAS NOT
TAKEN. FRERICATED UPON THESE FACTS, YOU HAVE POSED THE FOLLOWING
QUESTION. WHAT DOES THE LAW REQUIRE THE COMMISSION TO DO PREDICATED
UPON THE ABOVE CIRCUMEjTANG S.
THE DADE COUNTY HOME RULE LHARTER PREVIOUS TO NOVEMBER 4, 1969, HAD
A PROVISION THAT REQUIRED THAT ANY COUNTY OR MUNICIPAL OFFICEHOLDER
TO UPON BEING CALLED BEFORE A GRAND JURY TO TESTIFY CONCERNING THE
CONDUCT OF HIS OFFICE OR THE PERFORMANCE OF HIS OFFICIAL DUTIES, WHO
REFUSE SECTIONTQEIGN ti.UZ OFATHEIEjDADEER OTIMHOMEMRULEYLHA,H SHALL
TERBETESSIONWAS
OEDIFROM
OFFICE.
REPEALED
AT A SPECIA REFERENDUM ELECTION HELD NOVEMBER 4, 19b3 AT THE SUGGEST-
ION OF THE STATE ATTORNEY AND THE LOUNTY ATTORNEY. THE REASON FOR IT
WAS THERE WAS SEVERAL COURT CASES WHICH REACHED A CONCLUSION THAT
WHERE SUCH A PROVISION EXPSTED AND SOMEONE TESTIFIED THIS AUTOMATICALLY
GAVE IMMUNITY FROM PROSECUTION BECAUSE THERE WAS THE THREAT OF REMOVAL
FROM OFFICE AND SO THE TESTIMONY AND THE WAIVER OF IMMUNITY WAS NOT
VOLUNATARY AS MUST BE UNDER THE CONSTITUTION SQ THEREFORE THAT WAS
REPEALED WHICH MEANS THERE IS NO EXISTING DADE LOUNTY CHARTER PROVISION
COVERING THE CIRCUMSTANCES OF REFUSAL TO WAIVE IMMUNITY BY THE JUDGES.
MY OPINION THEN GOES ON THE CHARTER OF THE LITY OF MIAMI DOES NOT
COVER THE REMOVAL OF A CITY JUDGE. THE bOVERNOR DOES NOT HAVE THE
AUTHORITY TO REMOVE QR SUSPEND AN APPOINTED MUNICIPAL JUDGE, THEREFORE
UE ACTIONS OF THIS (-OMISSION MUST BE COVERED BY STATE STATUTE NO.
b5.1WHICH PROVIDES AS FOLLOWS:
OWERS OF COUNSEL CONCERNING ELECTION RETURNED, EXPULSION ETC.
HE CITY OR TOWN COUNCIL MAY ADJUDGE THE RETURNS AND QUALIFICATIONS
OF ITS OWN MEMBERS, MAKE SUCH BYLAWS AND REGULATIONS AND GOVERNMENT
AS THEY DEEM EXPEDIENT AND ENFORCE THE SAME BY FINE AND PENALTY AND
COMPEL THE ATTENDANCE OF ITS MEMBERS. HERE IR THE POINT THAT WE ARE
CONCERNED WITH: AND TWO THIRDS OF THE COUNCIL MAY EXPEL A MEMBER
OF THE SAME OR OTHER OFFICER OF THE CITY OR TOWN FOR DISORDERLY
BEHAVIOR OR MALCONDJCT IN OFFICE. IN ORDER FOR THE COMMISSION TO
PROCEED UNDER THIS STATE STATUTE, IT IS MY SUGGESTION THAT THEY PROCEED
PURSUANT TO SECTION 14 OF THE HARTER OF THE CITY OF MIAMI WHICH
PROVIDES AS FOLLOWS:
(HE COMMISSION OR ANY COMMITTEE THEREOF, DULY AUTHORIZED BY THE
COMMISSION SO TO DO MAY INVESTIGATE ANY OFFICE OR DEPARTMENT OF THE
ITY OVERNMENT AND THE OFFICIAL ACTS AND CONDUCT OF ANY CITY OFFICIAL
AND BY SIMILAR INVESTIGATION, ; .Y SEC"RE INFORMATION UPON ANY MATTER.
N CONDUCTING SUCH INVESTIGATION, THE kOMMISSION OR ANY COMMITTEE
THEREOF MAY REQUIRE THE ATTENDANCE OF WITNESSES, THE PRODUCTION OF
BOOKS, PAPERS OR OTHER EVIDENCE AND FOR THAT PURPOSE, MAY ISSUE
(-UBPOENAS WHICH SHALL BE SIGNED BY THE PRESIDING OFFICER OF THE
OMMISSION OR THE CHAIRMAN OF SUC COMMITTEE AS THE CASE MAY BE
2-17-72
• •
WHICH MAY BE SERVED AND EXECUTED BY ANY POLICEMAN, NOW, BASED UPON
THAT CHARTER PROVISION, SUCH AN INVESTIGATION WOULD TAKE PLACE AND
WOULD TAKE PLACE WITH APPROPRIATE PROCEDURES SUCH AS TESTIMONY UNDER
OATH,SUCH AS HEARINGS WHICH THE PERSON WHOSE OFFICE IS BEING INVES-
PIGATED URSUANTMTO SECTIONAY BE E14,ITTHEED gXCOMMISSIONCOUNSEL WORHANYLCOMMITTHE TEEATHEREOFL UMAYS.
PROCEED TO INVESTIGATE THE CONDUCT OF JUDGE LEVENSTEIN AND UPON THE
CONCLUSION OF THE INVESTzIGATION, THE COMMITTEE CAN THEN MAKE ITS
RECOMMENDATIONS TO THE LOMMISSION FOR APPROPRIATE ACTION UNDER THE
STATE STATUTE. IT IS MY OPINION THAT THE INFORMATION FURNISHED TO
YOU BY THE STATES ATTORNEX IS SUFF CIENT FOR THE LITY COMMISSION TO
INVOICE THE PROVISIONS OF SECTION 14 OF THE CHARTER., IN THIS CASE
AND 1 BELIEVE YOU HAVE SINCE RECEIVED A LETTER FROM THE STATES ATTORNEY
DEALING WITH JUDGE 1OBIN ON A SIMILAR MATTER OF REFUSAL TO WAIVE
IMMUNITY, IHAT IS THE BASIS FOR WHICH YOU CAN AND HOW YOU CAN
PROCEED. NOW THIS MORNING YOU ASKED ME TO PREPARE P';RSUANT TO THE
SUGGESTION OF MR. GERSTEIN, A RESOLUTION ESTABLISHING YOUR POLICY.
A RESOLUTION EXPRESSING THE POLICY OF THE CITY OF MIAMI
THAT ALL OFFICERS AND EMPLOYEES SHALL COOPERATE AND GIVE
TESTIMONY DURING INVESTIGATIONS OF CITY BUSINESS BY
AUTHORIZED GOVERNMENTAL AGENCIES
WHEREAS IT HAS BEEN BROUGHT TO THE ATTENTION OF THE COMMISSION OF THE
LITY OF MIAMI BY THE STATE ATTORNEX THAT FROM TIME TO TIME IN THE
COURSE OF ITS INVESTIGATIONS, THE STATE ATTORNEYS OFFICE IS AUTHORIZED
TO TAKE STATEMENTS OF ANY CITIZENS INCLUDING EMPLOYEES OF OR QFFICERS
OF GOVERNMENTAL AGENCIES AND WHERAS IT IS THE INTENT OF THE LOMMISSION
THAT ALL OF THE CITIZEN OPERATE THEIR OFFICES ON THE HIGHEST MORAL AND
LEGAL PLANE AND WHEREAS IT IS THE INT NT OF THE COMMISSION THAT THE
OFFICES AND EMPLOYEES OF THE CITY OF MIAMI COOPERATE WITH OTHER
GOVERNMENTAL AGENCIES IN THE CONDUCT QF THEIR OFFICIAL UTIES,
OW THEREFORE, BE I RES
OLVED BY THE COMMISSION OF THE LITY OF MI
AMI, ,LORIDA, , SECTION 1: IHAT THE POLICY OF THE CITY QF MIAMI IS HEREBY
ESTABLISHED THAT ALL OFFICERS AND EMPLOYEES OF THE LITY OF MIAMI ARE
URGED TO COOPERATE AND GIVE TESTIMONY IN ANY INVESTIGATION BY AUTH-
ORIZED GOVERNM NTAL AGENCIES INTO THE CONDUCT OF ANY MUNICIPAL BUSINESS
OR A TIVjTY. I HAVE SHOWN COPIES OF THIS RESOLUTION TO MR. GERSTEIN
AND MR, URR, AND THEY HAVE ADVISED ME THAT THEY APPROVE OF IT AND
WE ALL AGREE THAT THE COMMISSION IN ITS POLICY CANNOT GO ANY FURTHER
THAN THIS, OTHERWISE YOU WOULD RUN INTO THE SAME POTENTIAL PROBLEMS'
AS CAUSED THE REPEAL OF THAT HOME RULE CHARTER PROVISION.
REVEREND GRAHAM: MR. ATTORNEY, IN SECTION 1, THE LANGUAGE SOUNDS SO
WEAK TO ME THAT IT COULD ALMOST BE CONSTRUED AS lEING PERMISSIVE.
THE CITY OF MIAMI URGES, AND BEYOND THAT, WE DON T SAY ANYMORE.
MR. ROTHSTEIN: LET ME AGAIN EXPLAIN. THE DADE COUNTY METROPOLITAN
CODE WITH SPECIFIC PROVISION THAT AN EMPLOYEE OR OFFICE HOLDER WHO
REFU§ED TO WAIVE IMMUNITY, THEY WOULD LOSE THEIR JOBS. AND SO,
R. bERSTEIN COULD EXPLAIN THIS FURTHER BUT WHAT HAPPENED WAS THAT
THEY GAVE TESTIMONY BUT THEN UNDER SEVERAL UNITED STATES SUPREME COURT
DECISIONS, THEY COULD NOT BE PROSECUTED FOR THEIR CRIMINAL ACTIVITY
EVEN THOUGH THEY WAIVED THE IMMUNITY BECAUSE THE IMMUNITY WAS NOT
WAIVED VOLUNTARILY BUT UNDER THE THEEAT F LOSING THEIR J BS AND
THEREFORE, IT WAS REMOVED FROM THE LADE OUNTY �(HARTER. F WE DO
MORE THAN URGE, WE MIGHT BE PUTTING THESTATES r1TTORNEYS FFICE IN
THE SAME POSITION OF HAVING SOMEBODY COME IN AND SAY, WELL THE
LOMMISSION SAID 1 HAVE GOT TO TESTIFY AND SINCE THEY SAID THAT, I AM
GOING TO TESTIFY BUT THEN YOU CAN T PRO ECUTE ME AND THATS WHY THIS
IS NINE ETWEEN THE COOPERATION OF MR. ERSTEIN, QR. URR, AND MYSELF
AND MR. KICE TO MAKE SURE THAT THE POLICY OF THE COMMISSION WAS
CLEARLY EXPRESSED BUT WE DIDN T RUN INTO THE SAME PROLEM THAT
CAUSED THE ELECTION TO REMOVE THAT PROVISION FOR THE DADE LOUNTY CHARTER,
I HAVE ADVISED YOU THAT IT WOULD BE NOT APPROPRIATE FOR YOU TO USE
ANY STRONGER LANGUAGE THAN THE LANGUAGE THATS SET FORTH IN THIS
RESOLUTION.
MAYOR KENNEDY: ANY OTHER QUESTIONS ON THE MEMORANDA?
MR. ROTHSTEIN: I THINK IT WOULD BE t'PRORIATE IF YOU WANT TO, TO
ACT UPON THE RESOLUTION AT THIS TIME, IRIOR TO ANYTHING ELSE.
MAYOR KENNEDY: IS THERE A MOTION ON THE FLOOR? MOVED BY MR, PLUMMER,
SECONDED BY MRS. GORDON, ANY DISCUSSION ON THE MOTION?-1LALL THE ROLL.
-72
20
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, PLUMMER, WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43238
A RESOLUTION EXPRESSING THE POLICY OF THE COMMISSION
OF THE CITY OF MIAMI THAT ALL OFFICERS AND EMPLOYEES
SHALL COOPERATE AND GIVE TESTIMONY IN INVESTIGATIONS
OF CITY BUSINESS BY AUTHORIZED GOVERNMENTAL AGENCIES
(HERE FOLLOWS BODY OE RESOLUTION, OMITTED HERE AND ON FILE
IN THE LITY CLERKS UFFICE)
UPON AND ADOPTEDEBNGTHECFOLLO ED BY MVOTEG-!kYtS:NA N RESOLUTION LHRISTAE,S PASSED
FLUMMER,
X (� ppll tt ESSRS
GRAHAM, MRS. bORDON AND MAYOR KENNEDY. NOES: NONE
RGTHSTEIN: MR. MAYOR, AT THIS TIME, I THINK YOU SHOULD CALL ON
R. GERSTEIN AND MR. ORR TO OFFICIALLY PRESENT TO THE COMMISSION
SITTING AS -A BODY TODAY IN SPECIAL MEETING, THE CIRCUMSTANCES THAT
HAVE BEEN CALLED TO YOUR ATTENTION.
MR. GERSTEIN: MR. MAYOR ANQ MEMBERS OF THE COMMISSION. I BELIEVE
THAT THE TWO LETTER6 WHICH 1 DIRECTED TO YOUR ATTENTION IN VOLVING
THE TWO JUDGES THAT HAVE REFUSED TO WAIVE IMMUNITY ON THE ADVICE
QF COUNSEL ARE SELF EXPLANATORY AND IT WOULD SEEM TO ME THAT THE
COMMISSION HAVING ACTED AT YOUR DIRECTION ON THOSE LETTERS SHOULD
NOW HEAR FROM THE JUDGES AND THEIR COUNSEL. 1 THINK THE LETTERS
ARE SELF EXPLANATORY AND THE LETTERS HAZE CAUSED YOU TO BRING THIS
MATTER TO THE ATTENTION OF YOUR FELLOW COMMISSIONERS AND ITS NOW
IN THAT STATUS OR POSTURE WHERE IT CALLS FOR SOME RESPONSE, IF THE
COMMISSION DEEMS IT APPROPRIATE FROM THE JUDGES WHO ARE INVOLVED.
MR, ROTHSTEIN: FOR THE RECORD!, THOSE LETTERS BROUGHT TO THE MAYOR'S
ATTENTION, THE FACT THAT THE JUDGES IN QUESTION, JUDGES LEVENSTEIN
IO
BIN OBIN APPEARED IN THE STATES ATTORNEYS UFFICE AND REFUSED TO
WAIVE IMMUNITY WHEN REQUESTED TO TESTIFY, IS THAT RIGHT SIR.
MR, GERSTEIN: I THINK IT IS, YES THATS RIGHT AND I THINK IT IS
IMPORTANT THAT YOU POINT OUT MR. MAYOR THAT THERE WAS CLEAR MENTION
MADE AND THE JUDGES INVOLVED WERE CLEARLY ADVISED THAT THE INTERR
OGGATION MUNICIPALILOURTED QQQFTHE THECOI.ITYCT OFORTHEMIAMIIR 1LFWOULDLALSOJUDGES
LIKETO
OF
FTHE
THANK
AND COMMEND THE COMMISSION FOR THE ADOPTION OF THIS RESOLUTION ANQ
1 AGREE WITH THE LANGUAGE IN IT A.RAFT D BY THE LITY ATTORNEY AND 11
AGREE WITH HIS LEGAL POSITION. WHAT I HAVE THOUGHT AND WHAT YOU
HAVE DONE THIS MORNING WOULD BE THAT THE INTENT OF THE COMMISSION
WOULD BE THAT OFFICIALS OR EMPLOYEES OF THE LITY SHOULD COOPERATE
IN INVESTIGATIONS OF THEIR OFFICIAL DUTIES AND THIS RESOLUTION DOES
THAT, Ij CANNOT DO MORE THAN THAT UNDER DECISIONS OF THE UNITED
STATES SUPREME COURT.
MAYOR KENNEDY: JUDGE FLOYD, WOULD YOU LIKE TO RESPOND?
JUDGE FLOYD: MR. MAYOR ANp MEMBERS Of THE CITY COMMISSION. FOR THE
ECORD, MY NAME IS KOBERT L. FLOYD, ILTH FLOOR, ONCORD 1BUIIDING-
AM APPEARING HERE TODAY AT THE TELEPHONIC ADVIC OF YOUR CITY
TTORNEYWHICH I RECEIxED Y STERDAY WHEN WAS IN TALLAHASSEE.
MR. MAX KOGEN IN THE CITY NATIONAL BANK UILDING IS CO-COUN EL
WITH ME TODAY. I AM HERE AT THE TELEPHONIC ADVICE OF YOUR CITY
ATTORNEY AND BEYOND TFjAT I SUPPOSE I MUST ONLY SURMISE REALLY
WHY I AM HERE OR WHY JUDGE LEVENSTEIN IS HERE, AS WE STAND HERE AT
THIS MOMENT, JUDGE LEVENSTEIN HAS NOT BEEN CHARGED WITH ANYTHING.
HE HAS NOT BEEN CITED FOR OR BEEN FOUND GUILTY OF CONTEMPTUOUS CONDUCT
THEBY
Y TRISTATESBATTORNEYSNAL, HE AOFFICEDLAST WEEK. HETHE SUBPOENA TANSWEREDHAT WAS STHEESUBPOENAUPON HIM BY
THAT WAS SERVED UPON HIM ABOUT_AN HOUR BEFORE THE SUBPOENA ORDERED
HIM TO APPEAR BEFORE THE DADE LOUNTY VIAND JURY, DAY BEFORE
YESTERDAY, IUESDAY ANDCHRONQLOGICALLY .,HER THAN NEWSPAPER AND
NEWS MEDIA, STORIES, WHICH I ASSUME THERE HAS BEEN SOME URGING
THAT WE TAKE PROCESS OF LAW AND JUDICIAL NOTICE OF. I REALLY DON'T
KNOW OF WHAT THE JUDGE IS SUPPOSED TO ANSWER,
22
2-17-72
LET ME SAY THIS TO YOULADY AND pENTLEM�c:'JF THE COMMISSION. FOR
THEFIRST TIME ON THE UTH DAY OF EBRUAR WHEN JUDE LEVENSTEIN WAS
TO APPEAR BEFORE MR. ARTIN NATHAN, THE ASSISTANT STATE ATTORNEY WHO
CAUSED THE SUBPOENA TO BE ISSUED, FOR THE FIRST TIME, IT WAS ON THAT
ATE AND AT THAT HEARING OR THAT QUESTIONING PERIOD THAT JUDGE
LEVENSTEIN LEARNED THAT HE WAS A POTENTIAL DEFENDANT IN THE OPINION
OF THE STATE ATTORNEY. NQW UP UNTIL THAT TIME, THE ONLY NEWS MEDIA
COVERAGE MENTIONED JUDGE BARMACK AS BEINQ ARRE TED. JUDGE LEVENSTEIN
ANSWERED THAT SU POENA , HE WENT TO THE STATE ATTORNEYS OFFICE AND
I WAS WITH HIM, MR KOGEN WAS WITH HIM. HE WAS ASKED HIS NAME AND
ADDRESS, HE WAS INFORMED THAT HE WAS BEING ASKED QUETIONS ABOUT HIS
DUTIES WHICH OF COURSE ITS OBVIOUS THAT A MUNICIPAL JUDGE WHEN HE
PRONOUNCES A JUDGMENT OR MAKES A DECISION, IT HAS TO BE IN HIS
OFFICIAL CAPACITY WHEN HE DOES THAT, AND THEN HE WAS HANDED BY MR.
1ATHAN, A DOCUMENT ENTITLED WAIVER OF IMMUNITY, INVOLJNTARY APPEARANCE.
LEONARD L. LEVENSTEIN HAVING BEEN DIRE TED BY THE STATE ATTORNEY,
1iTH JUDICIAL CIRCUIT OF t-LORIDA, IN AND FOR DADE COUNTY TO COME
BEFORE HIM AND TESTIFY IN A CERTAIN MATTER PENDING BEFORE HIM IN
WHICH I AM A POTENTIAL DEFENDANT. NOW LADY AND GENTLEMEN OF THE
COMMISSION, THATS THE FIRST TIME THAT ANYONE IN ANY PURLIB OFFICE
WITH ANY AUTHORITY ADVISED JUDGE LEVENSTEIN THAT Hg WAS A POTENTIAL
DEFENDANT. I READ THE PROPOSED WAIVER OVER .JUDGE LEVENSTEINS
SHOULDER AND I ADVISED HIM NOT TO EXECUTE IT. 1 DICTATED INTO THE
RECORD MY DVICE, MR. KOGAN JOINED ME AND MR. NATHAN THEN, I BELIEVE
ASKED MR. LEVENSTEIN , IS THIS ALSO YOUR STAND AND HE SAID YEE ON
ADVICE OF COUNSEL I WILL NOT SIGN THAT WAIVER. IHE ASSISTANT STATE
ATTORNEY THEN SAID ALL RIGHT THERE ARE NO MORE QUESTIONS AND FROM
THAT POINT ON WE READ ABOUT A LETTER IN THE PAPER THAT WAS SENT TO
THE MAYOQ AND 1 HAVE NOT SEEN THAT LETTER OR A COPY THEREOF YET.
HOWEVER 1 UNDERSTAND IT IS SELF EXPLANATORY. MAY I JUST CAUTION
YOU IN THIS ONE AREA. NUMBER 1., IF YOU HAVE A CESSPOOL IN ANY BRANCH
OF THIS GOVERNMENT, YOU OUGHT TO cLEAN IT UP, YOU OUGHT TO TAKE STEPS
TO CLEAN IT UP BECAUSE IF YOU DON T YOU ARE DERELICT IN YOUR OWN
RREFUSAWORN LLATOSTESTIFY KBEFOREE BUT WTHEARE
STALKING
ATTORNEYNOT AORUBEFORET ETHEV(RANDINS
JURY. HE HAS NEVER REFUSED TO TESTIFY BEFORE EITHER. HE HAS
REFUSED TO EXECUTE A DOCUMENT THAT WOULD TAKE AWAY FRQM HIM WHAT
STATUTES OF fLORIDA GRANT HIM AND THAT IS IMMUNITY. HE CANNOT BE
PROSECUTED IN THOSE PARTICULAR AREAS IN WHICH HE TESTIFIES UNDER THE
STATUTE EXCEPT FOR PERJURY. NOW THATS PROBABLY THE BEST EVIDENCE
YOU HAVE THAT JU GE EVENSTEIN, WHEN HE TESTIFIES BEFORE THE STATES
ATTORNEY OR THE (RAND JURY, THAT HE IS NOT GOING TO TELL A LIE
BECAUSE HE TAKES, A EHANCE ON COMMITTING A FELONY AND BEING PROSECUTED
FOR PERJURY. NOW Y AND GENTLEMAN, WE ARE TALKING HERE ABOUT A
4IDICIAL OFFICER AND AM SURE THAT WHEN YOU, THE MEMBERS OF THE
LOMMISSION APPOINTED YOUR MUNICIPAL JUDGES, THAT YOU MUST HAVE HAD
SOME HIGH, PROBABLY THE HIGHEST REGARD, THE HIGHEST ESTEEM FOR THEIR
INTEGRITY, THEIR FITNESS, THEIR COMPETENCY, THEIR HONESTY, LSE YOU
WOULD NOT HAVE APPOINTED THEM AND I ASK YOU ONE QUESTION. WHAT HAS
JUDGE LEVENSTEIN DONE ON THE SWORN TESTIMONY THAT HAS BEEN BROUGHT
TO YOU , WHAT HAS HE DONE TO SHAKE THAT CONFIDENCE. THAT YOU IMPOSED
IN HIM WHEN HE WAS APPOINTED TO THIS POSITION. WHERE IS HIS ACCUSERS?
HERE JUST ISN'T ANY. AND WITHOUT CONCEDING FOR A MOMENT THAT MEMBER
OF THE EXECUTIVE BRANCH OF THIS GQVERNMENT AND AS YOU WELL KNOW, WE
ARE DIVIDED INTO THREE BRANCHES, IHE JUDICIAL, THE LEGISLATIVE AND
THE EXECUTIVE. JUST THINK, LADY AND GENTLEMEN OF THIS OMMISSION
WHAT MIGHT HAPPEN WITH A MEMBER OF THE EXECUTIVE THAT WANTS TO ABUSE
HIS POWERS INSTEAD OF USE IT, HE CAN CALL IN A JUDGE EVERYDAY AFTER
EVERY DAY OF COURT AND ASK HIM TO EXPLAIN HIS DECISIONS AND 1 RESPECT-
FULLY SUBMIT THAT A JUDICIAL DECISION IS NOBODY S BUSINESS BUT THAT
JUDGES, HIS GOD, HIS CONSCIENCE AND THE APPELLATE COURT WH CH COULD
REVIEW THAT DECISION. NOi IT 1SN T A QUESTION, DID JUDGELEVENSTEIN
TAKE ANYTHING OF VALUE? WAS HE PROMISED ANYTHING OF VALUE.
WAS SOMETHING SAID THAT INFERRED THAT HE WAS GOING TO BE GIVEN
SOMETHING OF VALUE? TO MAKE A JUDICIAL DECISION, THAT QUESTION HAS
NEVER BEEN ASKED HIM. THE ANSWER TO THAT QUESTION WOULD BE NO.
IT GOES MUCH FURTHER THAN THAT. WHAT THE STATE WANTS THIS MAN TO DO
IS TO WAIVE A CONSTITUTIONAL RIGHT AND THATS WHY KEYEREND GRAHAM
BROUGHT UP THE QUESTION ABOUT THE WORDING, IT DOESN T SOUND, ITS
ALMOST LIKE SAYING FREEZE.
20
2-17-72
WELL THE STATE KNOWS THAT IF YOU MAKE SHE WORDING STRANGER, YOU ARE
ICH OLATIli THE DECISIONS OF THE UNITEDSTATES SUPREME COURT AND THE
SUPREME COURT OF FLORIDA, THE LATEST OF WHICH WAS STAT VERSUS LAL
ENGLANDER WHII WA CO -COUNSEL WITH AND THE SUPREME LOURT OF 1LORIDA
FOLLOWED THE UNITED STATES DECISIONS RIGHT DOWN THE ONE. FOR THAT
REASON ANQ BEFOR THAT DECISION WAS MADE, THE STATE ATTORNEY JOINED
WITH THE COUNTY ATTORNEY AND URGED THE REPEAL BY THE VOTERS OF THAT
CHARTER PROVISION WHICH REQUIRED A MUNICIPAL OFFICIAL AND A COUNTY
QFFICJAL TO APPEAR BEFORE A GRAND JURY AND WAIVE ij MUNITY.
1 DON T KNOW WHAT THIS MEANS BUT I DO KNOW THIS, IHIS ISN'T THE FIRST
TIME, AT LEAST ONE AMONG YOU, HAVE HAD THE INTESTINAL FORTITUDE TO
STAND AND ASSERT YOUR CONSTITUTIONAL PRIVELEGE. TS STRONG IN THE
MEMORY OF AT LEAST ONE OF YOU THAT I AM PERSONALLY FAMILIAR WITH.
WHEN ITS NOT A WRONG TO ASSERT A RIGHT UNDER OUR CONSTITUTION, ANYTIME
WE HAVE COME TO THAT PLATEAU, WE ARE DOWN IN THE PIT AND WHEN WE START
CONSIDERING PUBLIC OFFICIALS, JUDICIAL OFFICIALS, EXE':UTIVE OFFICIALS,
SECOND, THIRD AND FOURTH CLASS CITIZENS, INSTEAD OF FIRST CLASS
CITIZENS, AS UNITEDSTATES SUPREME OURT SAYS THEY ARE, THEN MY FRIENDS
WE ARE GOING INTO A CIRCUS AND NOT ORGANIZEf QYFRN)NT NOW T IS
STRANGE THAT WITH ALL OF THIS TURMOIL LAST IULJUHT BLI'UKE TH URAND
JURY, JUDGE LEVENSTEIN WAS NOT ENDICTED. SO REALLY, IS THE STATE
JUST WANTING HIM TO COME IN AND TESTIFY TO HELP THEM INDICT SOMEBODY,
1 DON'T THINK THAT COULD BE IT BECAUSE THEY HAVE ALREADY ISSUED THE
ENDICTMENT WITHOUT HIS TESTIMONY. U0 THE; WANT HIM TO COME IN AND
HAVE HIM T STIFY TO HELP CONVICT SOMEBODY. I DON T THINK SO, I
THINK THE STATE ATTORNgY HAS ENOUGH INTEGRITY NOT TO BRING THE
ENDICTMENT IF HE DOESN T THINK HE CAN GET A CONVICTION, AND HAS THE
EVIDENCE TO BACK HIM UP, OTHERWISE HE WOULD BE VIOLATING HIS DUTY.
I RESPECTFULLY SUBMIT TO YOU , THINK THE RESOLUTION YOU FASSED
REALLY IS MEANINGLESS, IT DOESN T CHANGE ANYTHING. JUDGE LEVENSTEIN
STANDS READY, WILLING AND ABLE TO GIVE TESTIMONY IN ANY INVESTIGATION
BY AUTHORIZED GOVERNMENTAL AGEj1CIES INTO THE CONDUCT OF ANY MUNICIPAL
BUSINESS OR ACTIVITY BUT JUDGE LEVENSTEIN DOES NOT WAN TO BE RELEGATED
AS THEY WANTED TO RELEGATE ONE OF YOUR BODY IN THE 19b0 s z0 A SECOND
CLASS CITIZEN AND MAKE HIM PRODUCE RECORDS AN1� HE SAID NO SIR, THE
CONSTITQTION,PROTECTS THESE RECORDS AND I DON T CARE WHAT YOU CALL
ME AND 1 DON'T CARE WHAT PEOPLE MAY THINK BY INNS NDO, HE OVERCAME
THAT BATTLE AND HE IS SITTING RIGHT HERE ON YOUR LOMMISSION TODAY
AND I THINK THAT IS JUST EXACTLY WHERE JUDGE LEVENSTEIN WILL BE AT
THE END OF ALL THIS.
MR. ROTHSTEIN: MR. MAYOR, SO THAT THERE SHALL BE NO CON USION IN
THE COMMISSIONS MIND, THERE IS NO QUESTION BUT THAT MR. fLOYD HAS
POINTED OUT WHAT I PREVIOUSLY SAID WITH REFERENCE TO THE RIGHT OF
INDIVID UALS WHETHER THEY RE A PUBLIC OFFICIAL OR NOT IN THE AREA
OF CRIMINAL PROS CUTION. HOWEVER, WOULD LIKE TO REMIND YOU THAT
MY OFFICE, JACK KICE AND MYSELF WERE RECENTLY SU CESSFUL IN OVER-
ULING TWO LOWER COURT DECISIONS AND HAVING THE SUPREME COURT OF
tLORIDA COME OUT WITH A DECISION THAT SEPARATES THE CRIMINAL ACTS
AND THE RIGHTS OF INDIVIDUALS INCLUDING PUBLIC OFFICIALS WITH
REFERENCE TO CHARGES OF RIME, WITH REFERENCE TO TESTIMONY, WITH
REFERENCE TO IMMUNITY. tROM THE RIGHTS OF PUBLIC OFFICIALS, POLICE
OFFICERS IN THAT CASE WITH REFERENCE TO HOLDING THEIR POSITION, WITH
THE ITY AND THE CASE CLEARLY SETS FORTH A SEPARATION OF THE TWO SO
THAT THERE IS A CIRCUMSTANCE THAT INDIVIDUAL HAS TO HAVE EVERY
RIGHT PROTECTED IN THE CRIMINAL MATTER, IT IS CLEARLY WITHIN THE
AUTHORITY OF THIS COMMISSION AS THE GOVERNING BODY OF THE CITY
TO ENTER INTO ITS OWN INVESTIGATION, IF IT SEES FIT INTO THE
CONDUCT OF ANY EMPLOYEE OF THE ITY OF MIAMI. THERE SHOULD BE NO
CONFUSION ABOUT THE CRIMINAL ASPECTS AS REFERRED j0 AND THE CONSTITUTIONAL
PROTECTION THAT IS BEING REFERRED TO. THIS LITY COMMISSION IS NOT IN
ANY WAY RESTRAINED FROM INVESTIGATING ANY ACTIVITY IN THE CITY.
MAYOR KENNEDY: ALL RIGHT, MR. KOGEN,,HAVg YOUANYTHING YOU WOULD
LIKE TO ADD TO JUDGE rLOYDS REMARKS- ? - MR. TRAUSS.
MR. STRAUSS: MAYOR KENNEDY AND LADY AND GENTLEMEN OF THE CQMMISSION.
I REAFFIRM WHAT JUDGE tLOYD AS SAD TO YOU HERE TODAY AND I WOULD
FURTHER POINT OUT THAT WHEN JUDGE 1OBIN WAS SUBPOENED TO THE STATE
ATTORNEYS OFFICE, HE ARRIVED THERE AND HE ASKED WHAT AREAS WERE UNDER
INVESTIGATION, WHAT CAS S, HE WOULD BF.JIAD TO GO BACK TO THE RECORDS
AND PULL THOSE FI ES. AS YOU KNOW 2i,:JJ CASES WERE H A BY YOUR
AITY JUDGES IN J/1. JUDGE TOBIN HARD IN EXCESS OF 4,U'[JO CASES.
ND I ASK THIS LOMMISSION, OUT OF L4,UOO RESOLUTIONS YOU HAVE PASSED
IN THE LAST YEAR OR SO, CAN YOU REMEMBER THE WORDS OR THE EXACT
CIRCUMSTANCES OF EACH, ITS 1MPOW BLE.
�7j 2-17-72
RATHER THAN BE EVASIVE AS IS IN THE SWORN RECORD AT THE STATE
ATTORNEYS OFFICE, UPON COUNSELS ADVICE, WE ASKED THAT WE EGIVEN
A DELINEATED AND REFINED LIST OF SPECIFIC CASES THAT THE STATE
ATTORNEY WAS INTERESTED IN, HOWEVER, I POINT OUT TO YOU WITH
TOTAL DISREGARD TO THE HONOR OF OFFICE AS THE SENIOR JUDGE OF YOUR
COURT HEWAS GIVEN A SUBPOENA , E WAS NOT GIVEN A LIST OF ANY OF
THE 1,0U0 CASES IN REFERENCE TO JUDGE BARMACK, JUDGE LEVENSTEIN
OR HIMSELF. HE WAS BROUGHT INTO THE OFFICE, SAT DOWN AND WITHOUT
THE OPPORTUNITY TO REVIEW ANY OF HIS FILES gR HIS NOTES, IHIS SMACKS
OF FASCISM IN MY OPINION. SECONDLY, JUDGE IOBIN UPON COMING OUT OF
THE HEARING WHICH TOOK APPROXIMATELY 1U MINUTES AND ALSO ON COUNSELS
DID HE REFUSE TO MAKE A STATEMENT UNLESS HE HAD AN OPPORTUNITY TO
REVIEW, FOR THIS COUNSEL WELL KNOWS THAT AN EVASIVE ANSWER AT TIMES
COULD BE A VIOLATION OF THE LAW AS WELL AS A NON -COMMITTAL ANSWER,
NOW IF THE PURPOSE OF THE STATE ATTORN YES QFFICE IS TOOBTAIN AN
EVASIVE ANSWER OR I DON'T REMEMBER ON '4,000 CASES, OR IS IT THEIR
eURPOSE TO
OR
I SUBMIT THAT TJUDGE HIOBIN THAS FNOT EHAD TANROPPORTUNITY RTODREVIEW ALLEGED? AND
CONSEQUENTLY AGAIN, INVOKED HI CONSTITUTIONAL RIGHT WHICH IS NOT
AGAINS'. THE LAW AS I SEE IT. S WOULD FURTHER POINT OUT IN REFERENCE
TO YOUR RESOLUTION THAT IT IS BASED ON A FALSE PREMISE AND THE
MEMORANDUM OF LAW IS BASED ON A FALSE PREMISE. I WOULD POINT OUT
THAT THE LAST LINE OF THE MEMORANDUM SUBMITTED BY YOUR ATTQRNEY IN
MY OPINION, THE INFORMATION FURNISHED TO YOU BY THE STATE ATTORNEY
IS SUFFIC ENT FOR THE CITY COMMISSION TO INVOKE THE PROVISIONS OF
SECTION 14 OF THE CHARTER. NOW, 1 ASK YOU WHAT INFORMAT ON HAS THE
TATE ATTORNEY SUBMITTED TO YOU? I SUGGEST THAT NUMBER I, HE HAS
SUBMITTED A LETTER STATING THAT YOU TAKE WHATEVER ACTION YOU DEEM
APPROPRIATE TAKING IT OFF THE STATE ATTORNEYS OFEICE TO PROVE
ANDOIFNI AMcE R INCORRECT) IGUILT BUT jRWOULDRLIKE TO BE SOYOU.
COR+RECTEDHAT IS. TIEUNDERSTANDON.
THAT TUE LETTER WAS VOID OF ANY ALLEGATIONS OR REPRESENTATION THAT
JUDGE IOBIN HAD IN ANY WAY DONE ANYTHING THAT WOULD CONSTITUTE MAL-
CONDUCT IN OFFICE OR OTHERWISE. IHE SECOND PREMISE WHICH YOUR
MEMORANDUM OF LAW THAT YOU HAVE BEFORE YOU IS BASED ON IS SUGGESTING
PERTAINING TO ANY OTHER OFFICER THE REASON FOR ANY SUSPENSION OR
NOW
INVEI ASKTTHNSWQQCQMMD ISSIONBE SzTOODLOOK ATERLY HYOURRENTIRE LFOILEUION JUDGECT N F1OBIN
AND LOOK AT MR. bERSTEINS UFFICE AND I ASK YOU TO FIND ANYWHERE IN
ANY OF THIS CORRESPONDENCE OR DOCUMENTATION, DISORDERLY BEHAVIOR OF
YOUR SENIOR JUDGE OR HIS MISCONDUCT OR MALCONDUCT IN OFFICE. WHAT
DO YOU HAVE BEFORE YOU? YOU HAVE NOTHING BUT THE STATE ATTORNEY OF
THIS LOUNTY STATING TO YOU, I WANT AN INVESTIGATION BY YOU OF YOUR
SENIOR JUDGE AND YOU BETTER DO IT, AND THATS ALL THAT AMOUNTS TO.
YOUR RESOLUTION RY FIR IS NOT ONLY CONTRARY TO PUBLIC POLICY AND
MEONATHEGDADE LOUNTY,HOMESTzEIN HIMSELF KULE CHARTER WASTED THE REPEALED. SO
HEI NSBASED
ASKING
YOU TO ADOPT A REPEALED QRDIN�ADDNCE AS A MATTER OFQQPOLzLICY WHICH IS
AGAINST UNDER THE UPOWERS OINCCOUNCIL, ftORIDAN�TATUTEST1b5T1d, BECAUSET
TTHATS
THE ONLY OBVIOUS CATCH ALL STATUTE THAT YOUR ATTORNEY HAS SUBMITTED,
IT DOES NOT SAY THAT THIS HAS TO BE WITHIN THE CHARTER BUT IT DOES
SAY THIS, THE POWERS OF COUNCIL PERTAINING TO ELECTION RETURNS
EXPULSION ETC. MY QUESTION IS, ARE YOU HERE TO EXPEL JUDGE IOBIN ,
EXPEL HIM FROM THIS ROOM, EXPEL HM ROM HIS COURT ROOM, ARE YOU
HERE TO JUDGE HIS ELECTION RETURN? I SUBMIT THAT THE ORDINANCE AND
STATUTE SO SUBMITTED BY YOUR ATTORNEY IS WITHOUT PROPER FOUNDATION
AND THERE IS NOTHING WHATSOEVER THAT YOU HAVE BEFORE YOU TO DEMONSTRATE
EVEN BEHALFRA4LE OF JUDGEAUSE IOBINOOREANYEOTHEROTDUCT OR JUDGE HERETODAY. THANK
DISORDERLY CONDUCT
MR. ROTHSTEIN: MR, MAYOR, I BELIEVE IT IS UNFORTUNATE THAT MR,•STRUASS
HAS MISINTERPRETED WHAT YOU ARE DOING HERE TODAY WHICH I CLEARLY SET
FORTH IN MY OPENING STATEMENT. YOU ARE NOT CONDUCTING A HEARING
TODAY, THERE IS NOT A QUE$TION OF CHARGES OR NO CHARGES, THERE IS
A REPORT FROM THE STATES ATTORNEY AS 0 WHAT HAPPENED, WHAT HAPPENED
HAS BEEN CONFIRMED BY BOTH COUNSEL. THIS IS THE BASIS, IF YOU WISH
TO, FOR SETTING UP, AS IS YOUR PRIVELEGE, A COMMITTEE TO INQUIRE
INTO ANY FACTS IN RELATION TQ JUDICIAL OFFICE OF THESE TWO JUDGES
UNDER THAT PROVISION OF THE LHPRTER.
2-17-72
MAYOR KENNEDY: CHIEF PROSECUTOR ORR.
MR, ORR: MR MAYOR AND MEMBERS OF THE COMMISSION. IT SEEMS LIKE
EVERYTIME A PUBLIC OFFICIAL IS CHARGED WITH SOME KIND OF MISCONDUCT
YOU HEAR THE PHRASE DRAGGED OUT, SECOND CLASS CITIZEN, I AM GRATEFUL
TO FORMER MAYOR FLOYD FOR REMINDING US OF THE COURAGEOUS BATTLE IN
WHICH KEVEREND GRAHAM WAS ENGAGED SOME YEARS BACK, I WILL BE
EVERLASTINGLY PROUD OF THE FACT THAT I WAS BY HIS SIDE IN THAT BATTLE
AND IT DESSERVES THE GLOROIUS MEMORY OF KEVEREND GRAHAM AND FIGHTERS
LIKE HIM WITH AN INVESTIGATION INTO PAYOrFS IN YOUR MUNICIPAL LOURT,
WITH THAT GLORIOUS BATTLE AND I PERSONALLY RESENT IT. WE ARE NOT
TALKING HERE ABOUT FIRST, AND SECOND C ASS CITIZENS, WE'RE 'TALKING
ABOUTYOUR OBLIGATION TO PROVIDE THIS L'TALKINGAITY WITH FIRST CLASS JUD ES
AND I WANT TO THANK THE CITY ATTORNEY, KOTHSTEIN AND ASSISTANT LITY
ATTORNEY KICE FOR THE JOB THEY DID, I THI% THEIR REPORT TO YOU IS
ACCURATE AS FAR AS THE LAW IS CONCERNED, 1 THINK THE RESOLUTION
WHICH THEY PREPARED FOR YOUR ACTION, WHATEVER IT MAY BE DOES NOT
VIOLATE ANY LAW AND WOULD ENCOURAGE OTHER CITY OFFICIALS AND EMPLOYEES
TO COOPERATE WITH INVESTIGATIONS AND I CONCEDE THAT IT IS THE MOST YOU
CAN DO RUT AS THE CITY ATTORNEY HAS POINTED OUT TO YOU, IT IS THE
OBLIGATION OF THE STATE ATTORNEY TO INVESTIGATE CRIME, PROSECUTE
CRIME AND INVESTIGATE INTO MATTERS THAT AFFECT THE SAFETY AND WELFARE
OF THE CITIZENS OF OUR CQMMUNITY. ITS YOUR OBLIGATION AND IT ALWAYS
HAS BEEN TO PROVIDE THE CITY WITH PROPER OFFICIALS, THAT THE CHARTER
PROVIDES THAT YOU SHOULD APPOINT AND WHETHER AN OFFICIAL TESTIFIES
BEFORE US IS NOT THE ISSUE BEFORE YOU TODAY BUT WHETHER THESE PEOPLE
WHETHER YOU SHOULD CONVENE YOURSELVES AND 1 WOULD RESPECTFULLY
RECOMMEND THAT YOU CONVENE YOURSELVES INTO A COMMITTEE AS A WHOLE
SO THAT EACH OF YOU WILL PARTICIPATE IN THIS AWESOME RESPONSIBILITY
TO DETERMINE WHETHER IN FACT YOUR CITY JUDGES OR ANY OF THEM HAS
BEEN GUILTY OF SUCH CONDUCT ZHAT WOULD WARRANT THEIR EXPULSION FROM
OFFICE. NOW THAT IS NOT TO SAY THAT IN ANYWAY4 OUR OPPORTUNITY TO
TAKE T STIMONY FROM THEM WOULD BE INCREASED. IT WOULD NOT.
JUDGE TESTIMONY
SAID IT WAS THE FIRST TIME, WHEN HE GOT UP TO OUR OFFICE
THAT HE RECOGNIZED THAT HE WAS A POTENTIAL DEFENDAN T, THAT WE
THOUGHT HE WAS, JUDGE LEVENSTEIN. WELL HE HIRED TWO LAWYERS
BEFORE 4E GOT THERE AND ITS MY INFORMATION THAT HE HIRED LAWYERS
BEFORE JUDGE BARMACK HAD. WE PUT THE TERM POTENTIAL DEFENDANT IN
THERE TO MAKE THE WAIVER OF IMMUNITY MEANINGFUL. (HATS WHY ITS
THERE. II
YOU I?ON T KNOW YOU ARE WIDER SUSPICION, YQU CAN C9ME LATER
AND SAY, D DN T KNOW THAT AND IF tt HAD KNOW THAT, 1 WOULDN T HAVE
TESTIFIED. IN ORDER TO PROTECT AGAINST THAT AND TO GIVE HIM EVERY
OPPORTUNITY TO KNOW, WE PUT THAT IN THERE SO THAT WE CAN'T BE ACCUSED
IN ANY WAY OF TRYING TO PULL THE WOOL OVER THEIR EYES OR GET STUFF
OUT OF THEMWITHOUT THEIR KNOWING ABOUT IT AND WITHOUT THEIR ACTING
FREELY AND VOLUNTARILY AND WE ARE NOT HERE TODAY TO ASK YOU OR
ANYBODY ELSE TO FORCE THEM TO TESTIFY BEFORE US. WE TELL YOU AND
THIS IS A QUITE STHAT YOU WILL KNOW EXACTLY WHAT THE R CORD REFLECTS.
MR, NATHAN SAID: 'IN THE PRESENCE OF JUDGE tLOYD, .JUDGE LEVENSTEIN AND
1'IR. KOGENA OUR 0 FICE IS CONDUCTING AN INVESTIGATION INTO THE ACTIVITIES
OF JUDGE DONAL] BAR CK IN ONNECTION WITH ALLEGED ILLEGAL PAYOFF MADE
TO HIM BY ONE JAMS OWARD LITCH, WHO WAS TO REFRESH YO R MEMORY
CONVICTS IN JULY 19 1 AND WHOSE SENTENCE WAS MITIGATED I BELIEVE
IN YOUR LOURT IN JANUARY 1912 AND WE HAVE SUBPOENED YOU BECAUSE WE
WANTED TO ASK YOU SOME QUESTIONS CONQERNING YOUR KNOWLEDGE OR INVOLVEMENT
JF ANY AS A MUNICIPAL .JUDGE FOR THE LITY OF MIAMI IN THE EVENTS SURROUNDING
UDGE BARMACKS ARREST. NOW WOES THAT SOUND IKE SOME GENERAL PALLORABLE
OR DOES THAT SOUND LIKE THE ASSISTANT STATE ATTORNEY NATHAN, WHO IS HERE
WHO WAS TRYING TO ADVISE THIS FELLA EXACTLY THE AREA THAT WE WERE
INQUIRING INTO AN9 THAT IN FACT IT WAS INVOLVED IN HIS OFFICIAL DUTIES
AND THAT WE WEREN T ON SOME FISHING EXPEDITION, THERE IT IS. THEY
AN'T TELL YOU THAT THEY DIDN T KNOW WHAT WE WANTED, NEITHER CAN JUDGE
IOBIN NATHAN AGAIN SAID TO HIM IN REPLY TO A TAT�'jMENT THAT THERE
WERE 1MBA CASES AND WE MAY NOT KNOW ABOUT THEM, MR, NATHAN SAID THAT
I WILL TELL YOU NOW THAT SHOULD I QUESTION YOU ABOUT A CASE BY NAME AND
IF YOU WILL STATE, AND OF COURSE YOU WILL BE UNDER OATH THAT YOU DO NOT
REMEMBER THAT SPECIFIC CASE, 11 WOULD GIVE YOU THE OPPORTUNITY TO THEN
POSTPONE AND CONTINUE THE CASE AND QUESTIONING SO THAT YOU CAN REVIEW.
NOW DOES THAT SOUNDLIKE SOMEBODY WHQ I TRYING TO CONFUSE AND TAKE
ID LO,
VANTAGE OF HIM AND ASK HIM ABOUT 0OU CASES THAT COME BEFORE HIM?
0 SIR. AND THEN LISTEN TO TfjIL,
UST SO THAT HE WOULD KNOW, MR. NATHAN`: I HAVE ALREADY ADVI $ED THE
UDGE THAT I AM CONCERNED WITH AT LEST ONE CASE WHERE MARIA INFANTE
WAS
THE_COMPLAIN NG WITNESS AGAINST KON ILMER THAT IS ONE AREA. IS
THA
T SEECIFIC. IS THAT LETTING HIM KNOW? NO SIR. I DON'T CRITICIZE
THESE GENTLEMEN AND I SAY THAT I HAVE BEEN FIGHTING MOST OF MY ADULT
4 2=17-72
•
TO PRESERVE THE CIVIL LIBERTIES THAT ARE GUARANTEED TO US BY OUR
CONSTITUTION AND BILL OF RIGHTS AND I DO NOT WANT TO SEE THEM
ERODED BUT 1 AM NOT SAYING THAT WE SHOULD BE ALLOWED TO FORCE
THEM TO TESTIFY BEFORE US BECAUE A WITNESS IS NOT COMPELLED TQ
BE A WITNESS AGAINST HIMSELF BUT I THINK THE PEOPLE OF THIS CITY
AND I WANT TO TELL YOU THAT I AM ONE OF THEM, I AM A TAXPAY�R HERE
AND LIVE RIGHT AROUND THE CORNER FROM YOUR CITY MANAGER, THINK
WE ARE ENTITLED TO THE EST KIND OF MEN WE CAN HAVE IN PUBLIC
OFFICE. I THINK WE DON T WANT TO CREATE BY CREATING SPECIAL
EXCEPTIONS FOR POLITICIAINS A RACE OF SUPERCITIZENS AND THATS WHAT
THEY WOULD LIKE TO DO. ONCE WE GET JN PUBLIC OFFICE THEN WE ARE
NOT QUESTIONABLE ANYMORE AND YOU CAN T DO A THING ABOUT THAT.
YOU CAN T - CAN YOU IMAGINE ANY OTHER EMPLOYER HAVING BROUGHT TO
HIS ATTENTION THE POSSIBILITY THAT HIS EMPLOYEES MIGFT BE GUILTY
OF AN ACT DETRIMENTAL TO HIS COMPANY, AN ACT OF DISLOYALTY TO HIS
OMPANY, AND THEN HE SAID, LISTEN 1 WANT TQ ASK YOU ABOUT THAT?
AAND SAYS, AM NOT GOING TO TELL YOU. AND YOU ARE POWERLESS TO
ACT? WE HAVEN'T
T GONE THAT CRAZY, IN THIS COUNTRY AND TH RE IS
NOTHINu IN ANY OF THESE COURT DECISIONS THAT SAY THAT. WE A K
YOU AND WE URGE YOU AND 1 URGE YOU NOW, NOT AS AN ASSISTANT JTATE
ATTORNEY BUT AS A CITIZEN OF THIS FAIR CITY, TO DO YOUR DUTY AND
YOU ASK THESE MEN HOW THEY ARE DISCHARGING THEIR DUTIES IN
CONNECTION WITH THE OPERATION OF THAT MUNICIPAL CORTA ASK THEM
SO THAT THIS POLICE FORCE, WHICH INCIDENTALLY AS MR. bERSTEIN
POINTED OUT THIS MORNING, DID A MAGN FICEN JOB IN ITS INVESTIGATION
WHICH RESULTED IN THE INDICTMENT OF JUDGE BARMACK AND BONDSMAN
O LONNELL AND I SUSPEST WILL RESULT IN THE INDICTMENTS OF OTHERS.
IN THE FUTURE. 1 COMMEND THAT SO THAT THEY CAN HAVE THE KIND OF
CONFIDENCE IN KNOW THAT THE CASES THEY WILL MAKq WILL BE HEARD
Y NOT, SECOND CLASS CITIZENS, BUT FIRST CLASS JUDGES.
HANK YOU.
MR, GERSTEIN: JUST ONE FINAL WORD. YOU HAVE HEARD A LOT OF
FROM THIS GENTLEMEN REPRESENTING THE JUDGES BUT I WANT TO REMIND
YOU OF WHAT 1 REMINDED YOU OF THIS MORNING. HOW MANY TIMES HAS
EACH OF YOU AND I HAVE BEEN THERE WHEN YOU APPEARED AND WITHOUT
ANY HESITATION, WAIVED IMMUNITY SO THAT YOU COULD E QUESTIONED
CONCERNING THE CODUCT OF YOyR OFFICIAL OFFICES. HOW MANY OCCASIONS
HAS THAT HAPPENED? YOU DIDN T BUT YOU HAD THE RIGHT THE SAME AS
THEY HAVE TO INVOKE ANY CONSTITUTIONAL PROTECTIONS AFFORDED YOU,
BUT THE QUESTION ISi DO YOU WANT THEM TO RESPOND AS TO THE CONDUCT
OF THEIR OFFICES? AND AS TO WHETHER OR NOT THEY HAVE ANY KNOWLEDGE
OF ILLEGAL ACTIVITY, DO YOU WANT THEM TO RESPOND TO THAT KIND OF
INTERROGATION. THEY HAVE THE RIGHT TO INVOKE THIS PROTECTION
AND THEY CAN'T BE PROSECUTED BECAUSE THEY INVOKE THE PROTECTION
AND I WOULDN'T CHANGE THAT NOR WOULD I HAVE IT ANY OTHER WAYBUT
WHEN THE OCCASIONS CONFRONTED EACH OF YOU, IN MANY INSTANCES, YOU
VOLUNTARILY AND QUICKLY WAIVED IMMUNITY SO YOU COULD BE QUESTIONED
CONCERNING YOUR OFFICIAL DUTIES.
MR, KOGEN: MR. MAYOR, LADY AND GENTLEMAN OF THE COMMISSION, I DID
NOT INTEND TO GET UP HERE AND SPEAK TODAY. I FELT THAT JUDGE FLOYD
HAD DONE AN ELOQUENT JOB DIS USS NG OUR PQSITION. HOWEVER, I
COULDN'T SIT HERE AND ALLOW MR. UR , WHO 1 HAVE THE GREATEST ADMP-
ATION FOR, TO SAY SOMETHING WHICH I FEEL IS NOT ACCURATE. I DON T
THINK THAT THE MOTIVATION AND THE INTEGRITY IN THIS PARTICULAR
INVESTIGATION IN BEFERENCE TO JUDGE LEVENSTEIN, HAS BEEN ACCURATELY
POR RAY D HERE. I AM NOT GOING TO ENGAGE IN ANY POLITICAL PHILOSOPHY
AS MR. RSTEIN HAS STATED HE HAS HEARD HERE' 1 JUST WANT TO STATE
FACTS. LET THE CHIPS FALL WHERE THEY MAY. 1 REPRESENT JUDGE
LEVENSTEIN AS 1 HAVE REPRESENTED MANY THER PEOPLE AND JUDGE FLOYD
HAS EPRESENTED MANY OTHER PEOPLE AND HAVE BEEN A PROSECUTOR
AND HAVE BEEN A DEFENSE COUNSEL AND THINK 1 POW MY WAY AROUND'
THE BAND JURY ROOM, THE CRIMINAL COURT AND TH CIRCUIT COURT AND
WHEN 1 0 WITH MY CLIENT BEFORE A RAND JURY, I WAIT OUTSIDE IN THE
HALL, AND I AM TOLD THAT IMMUNITY WAS OFFERED TO � CQNNELL WHO
WAS LATER INDICTED IF ijE WOULD TESTIFY AGAINST JUDGE LEVENSTCIN
AND U LONNELL STATED/ 1 CANNOT ACCEPT IMMUNITY BECAUSE 1 DQN T
EVEN KNOW WHO,JUDGE LEVENSTEIN !S. AND WHEN 1 AM TOLD BY MR. ORR
THAT WE HAVEN T GOT EVIDENCE OR MUCH VIDENCE AGAINST JUDGE
LEVENSTEIN BUT WE KNOW HE IS GUILTY, I AM AS AN ATTORNEY AM GOING
TO ADVISE HIM AGAINST THAT HE IS NOT TO TESTIFY UNDER THOSE
CIRCUMSTANCES BECAUSE THE MOTIVATION IS NOT ONE OF INTEGRITY , THEY
ARE NOT LOOKING FOR INFORMATION, 2N� REFERENCE TO THE LNVES.TI,C3ATI,ON2-I% 72
w
OF JUDGE BARMACK, THEY ARE ATTEMPTING TO HAND HIM IN ANY WAY THEY
AN.
OFFERED TO MR, JACK ORR, OUTSIDE A DETAILED ROPER OF WHAT JUDGE
EVENSTEIN WOULD TESTIFY TO IN THE GRAND JURY LOOM IF HE WAS CALLED
AND WE WERE WILLING TO GO IN AND TESTIFY TO WHAT HE WAS CALLED AND
IF HE COMMITTED PERJURY IN THAT GRAND JURY ROOM, HE WOULD FACE A
MORE SERIOUS CHARGE OR A MORE HIDEOUS CRIME, THAT OF PERJURY.
AND POSSIBLY FACE DISBARRMENT IF HE COMMITTED THE CRIME. NOW WE
OFFERED JACK ORR A DETAILED PROFER AND THERE IS NO CONCERN IN
WHAT THE STATE ATTORNEY SAYE); THAT THERE IS A QUESTION OF A
DIVISION OF POWERS. A JUDGE IS NOT JUST AN EMPLOYEE OF A MUNICIPALITY
IT IS A SEPARATE DIVISION AND WE WERE WILLING TO ANSWER EVEN BEFORE
THE GRAND JURY, WE TOLD THEM IN DETAIL WHY THIS DECISION WAS MADE
AND HE IS NOT CALLED UPON TO EXPLAIN HIS DECISION AND WE WERE WILLING
TO TELL HIM THAT HE WAS NOT INVOLVED IN ANY PAYOFF OR HAD KNOWLEDGE
OF ANY PAYOFF. WE WERE WILLING TO GO INTO DETAILS BUT WE SAY THAT
THE STATE ATTO NEY COMES HERE AND THEY ARE INSINCERE IN WHAT THEY
HAVE TO SAY. IHANK YOU.
JUDGE FLOYD: LADY AND GENTLEMEN OF THE COMMISSION. You HAVE PASSED
A RESOLUTION, WE ARE $ORT OF CHOKING AT WINDMILLS HERE, WE ARE NOT
GOIN TO CHANGE THAT ASSUME, BUT IT HAS BEEN STRANGE TO ME TO HEAR
THE STATES ATTORNEY, THE TWO TOP RANKING MEMBERS OF IT, TALK ABOUT
SINCERITY WHEN THE FIRST THING THEY DO, WHEN THEY aEE THES' TELEVISION
LIGHTS IS START COMMENTING ABOUT A PENDING CASE. I COULDN T CARE LESS
HOW TAT CASE TURNS OUT BUT HERE IS A MAN WHO HAS TO BE BROUGHT BEFORE
A JURY TO BE TRIED UPON A GRAND JURY INDICTMENT HAS BEEN HINTED AT
JUST DAY BEFORE YESTERDAY, AND HERE THE MAN WHO INSTIGATED THAT
INDICTMENT, STANDS HERE KNOWING HE IS BEING PHOTO RAPHED, KNOWING
THE CITIZENS OF THIS COUNTY ARE GOING TO SEE IT, I TELL YOU THAT
11 AS ONE OF THE FINEST INVESTIGATIVE JOBS I HAVE EVER SEEN IN MY LIFE.
OW WHAT DO YOU THINK THAT WAS SAID FOR. NOTHING BUT ABSOLUTE PREJUDICE.
0 PREJUDICE AND BIAS THE PEOPLE WHO HAVE TO HEAR THAT CASE WITHIN
THE VIEW OF THESE TELEVISION CAMERAS. INSTEAD OF COMING IN THE FRONT
DOOR., tERSTEIN AND URR WANT TO SLIDE AROUND THE BACK DOOR.
THATS ALL THIS AMOUNTS TO. WE HAVE DUE PROCESS Ia THIS COUNTRY,
LETS NOT ERODE IT AWAY BY PROCESS OF EROSION. 1 RESPECTFULLY SUBMIT
IF THEY HAVE SOMETHING ON JUDGE BARMACK THAT SAYS HE VIOLATED A LAW
OF THIS STATE, THEN BY GOLLY LET THEY CHARGE HIM WITH IT SO THAT HE
CAN FACE HIS ACCUSERS AND BE DECLARED INNOCENT OR GUILTY. I DARESAY
AND THE ONLY THING I DO AGREE WITH THAT PROBABLY AFTER THIS, AFTE8
THESE STORIES ARE WRITTEN, AFTER THE PICTURES HIT THE MEDIA, YES 1
MUST CONFESS THAT IN ALL PROBABILITY, THE FAITH, THE CONFIDENCE,
THAT YOU AND THE PEOPLE OF THIS CITY HAD IN THEE JUDGES WILL NEVER,
NEVER AGAIN REACH THE AREA WHERE IT ONCE WAas I THINK FRANKLY AS OF
THIS MOMENT, THEY HAVE WON THEIR VICTORY. THEY HAVE GOT THEIR POUND
OF FLESH BUT LADY AND GENTLEMEN, WHAT A PRICE, WHAT A PRICE TO HAVE
TO PAY.
MR. STRAUSS: MR. MAYOR AND LADY AND GENTLEMEN OF THE COMMISSION,
I WILL ONLY BE VERY VERY BRIEF I SUBMIT TO YOU WHEN YOU START
LOOKING AT INTEGRITY, A JUDGE IS CALLED TO THE STATE ATTORNEYS OFFICE
UNDER SUBPOENA AND HE DOES NOT HAVE A COPY OF THE STATEMENT HE GAVE
AND YET EXCERPTS ARE TAKEN OUT OF CONTEXT AND READ TO YOU TO GIVE YOU
THE IMPRESSIONTHAT WAS THE TOTAL QUESTIONING. WHAT ABOUT THE OTHER 10
MINUTES OF TESTIMONY OF MY COMMENTS WITH THE PROSECUTOR, WHEN 1 TOLD
HIM WE WOULD BE GLAD, GIVE US A LIST OF THE CASES, DELINEATE WHATEVER
SPECIFIC CHARGES ARE CONFLICT OF INTEREST, WE WILL BE GLAD TO REVIEW
THESE. WHAT HAPPENED TO THAT? AND THEN THEY FOLD UP THEIR LITTLE
BIT OF SWORN TESTIMONY , IT IS MY STATEMENT AND THE PROSECUTORS
STATEMENT AND GO BACK TO THEIR SEATS. I SUBMIT TO YOU AND IT WILL
BE INTER5STING FOR ALL OF US TO READ IN THE PAPER, THOSE WHO SUPPORT
ARTICLE 5 AND THOSE WHO DO NOT. HAT IS WHAT THIS IS ALL ABOUT.
IHE ITY COURTS, THE HOMESPUN COURTS, WHERE PEOPLE CAN GET JUSTICE,
WITHOUT, WHATEVER, A DOMESTIC CRISIS, AN ASSAULT AND BATTERY, WITHOUT
EITHER PARTY HAVING A CRIMINAL RECORD BECAUSE IN YOUR LITY COURT, ITS
CALLED AN OFFENSE AND THEY CAN COME IN HERE AND THRASH OUT THEIR
GRIEVANCES WITHOUT HAVING A Ckii;INAL ' CORD. IHE HOM P COURTS
ARE GONE, THE IMPERSONAL COURTS WHERE THEY CLOSE OUT Z4O,00Q CASES
YEAR, EVERYBODY PRENEGOTIATES, TRIALS ARE NOW FOREGONE AND LOST.
I SUBMIT TO YOU THAT THE CONSTITUTIONAL RIGHTS ARE LOST WITH IT
AND THE LAST BIT OF CONSTITUTIONAL RIGHTS REMAINING ARE IN 2YQUR
CITY COURT. 1 72
•
AND THAT HAS BEEN 9EMOLISHED. DEMOLISHED BY PREJUDIC AL STATEMENTS
TO TB PRESS AND WE WE ALLREAD IN THE PAPER THAT THE JUDGES THAT YOU
APPOINTED AND THE SENIOR JUDGE OF YOUR COURT WHO HAS NOT BEENCHARGED
WITH ANYTHING, OTHER THAN THE MIAMI HERALD STATING THAT THE STATES
ATTORNEY REFUSED TO COMMENT, HOWEVER IT HAS BEEN LEARNED. THEY GO
THROUGH THE ENTIRE INVESTIGATION AND WHAT DID THE ENTIRE INVESTIGATION
SAY, JUDGE TOBIN DID NOT DEMOLISH OR RUIN A CASE, ALL HE DID WAS A
COMPLAINING WITNESS THAT FAIL TQ BRING THE CHARGES, FOUND HER IN
CONTEMPT OF COURT, FINED HER )DU.UO , AND THATS ALSO IN THE PAPER
AND HE REMOVED THE $50.00 FINE. Now BASED UPQN THAT GENTLEMEN AND
LADY, YOU HAVE PROBABLE CAUSE TO INVESTIGATE JUDGE IOBIN AND RUIN
YOUR OWN COURT SYSTEM AND WHO HAS DON;; THjIS AND WHOSE RESPONSIBILITY
IS THIS TO BRING THE CRIMINAL CHARGES. MR. GERSTEIN AND HIS OFFICE.
BUT THEY STAND HERE LEAVING SPECULATION TO THE PRESS SAYING THAT
THERE WILL BE MORE INDICTMENTS AND THEY TURN AROUND ANP THE PRESS
WILL SPECULATE, MORE NDICTMENTS TO FOLLOW, SAYS OHP! URR. ARE WE
RUNNING FOR OFFICE. E WE IOW COMPETING IN THE PRIMARIES? ARE
WE VOTING FOR ARTICLE D HERE( OR ARE WE CONSIDERING HUMAN BEINGS
OF HIGH ESTEEM WITH FAMILIE AND WIVES AND CHILDREN. THEY ARE
TAKING THE BRUNT OF THIS. IHANK YOU.
MR. ORR: THE PARANOIA OF SOME PUBLIC OFFICIALS CHARGED WITH CRIME
NEVER CEASES TO AMAZE ME, AND THEY WOULD SUGGEST TO YOU THAT EVERY
REASON BUT THE TRUTH IS THE REASON THAT ON IS EMBARKED UPON A
COURSE OF ACTION. NOW I I ANT TO SAX THAT HAVE HIGH PERSON REGARD
FOR THE INTEGRITY OF MAX NOGEN AND 1 HAVE GREAT PERSONA', AFFEcTION
OOR HIM AS WELL HE IS MI TAKEN WHEN HE SAYS THAT THE STATE ATTORNEYS
FFICE OFFERED $ONDSMAN O LONNELL IMMUNITY, THATS NOT THE FACT.
3 HE WAS ACCURATE WHEN HE TOLD YOU THAT HE MADE A PROFER TO ME WHICH
SUGGESTED THAT THE PROFER WAS MADE ON THE CONDITION THAT WE GRANT
UDGELEVENSTEIN IMMUNITY AND WE DIDN'T WANT TO DO THAT AND I DON'T
WANT TO GO INTO ALL THE REASONS FOR THAT HERE AT THIS TIME BUT HAD
WE pONE THAT WE MIGHT HAVE EFFECTED YOUR OPPORTUNITY TO DO YOUR JOB
AS LOMMISSIONERS AND THEIR BOSSES BY DOING OUR JOB AND IF WE
GRANTED HIM IMMUNITY AND PICKED UP A PIECE OF EVIDENCE, YOU CAN
CONSIDER THIS IS A POSSIBILITY, IT MIGHT HAVE PROHIBITED YOU FROM
ACTING BECAUSE THERE ARE CASES THAT SAY THAT THIS WOULD BE THAT KTND
OF FORFEITURE SO IT WAS OUR DESIRE TO PROTECT YOU AND WE ARE IN Nn
WWAY, NOTHING WE SAY HERE TODAY SHOULD BE AN INDICATION THAT THE STATE
WETAREEYS NOT. IOFFICE
WANT TO SAY THIS TOO.
i THINK ITYOUR
WASHOMAS E1IE.
JEFFERSON
THAT ONCE SAID THAT IF HE HAD THE CHOICE BETWEEN A FREE GOVERNMENT
AND A FREE PRESS, HE WOULD TAKE THE FREE PRESS AND I AM ALWAYS
ASTOUNDED AT THE CONCERN THAT THESE FELLAS HAVE SOME WAY OR THE OTHER
THE DEPICTING OF WHAT THEY SAY IN THE PRESAS IS GOING TO BE DISTORTED,
IT DOESN T HAPPEN TO ME AND I THINK THAT FLORIDA IS UNIQUE IN THE
PASSAGE OF THIS SUNSHINE LAW AN%) AM GLAD OF IT BECAUSE ITS BASED
ON THEPRESUMPTION THAT THE PECi'LE S BUSINESS OUGHT TO BE PUBLIC.
WE'RE BRINGING THIS TO YOU AND WE HAYEN T ISCLOSED THOSE MATTERS
WHICH WE THINK ARE SENSITIVE TO THE bTATE ATTORNEYS INVESTIGATION
BEFORE THIS FORUM BECAUSE WE THINK IT WOULD BE INAPPROPRIATE BUT
WE DO RESPECTFULLY ENCOURAGE YOU TO CONSTITUTE YOURSELVES AS A
COMMITTEE OF THE WHOLE AND TO DETERMINE WHETHER IN FACT, IN THE
AREAS WHICH HAVE BEEN SUGGESTED BY THE INTERROGATIONS ALREADY MADE
IN THE CASES POINTED OUT TO YOU WHETHER IN FACTTWOOTHERA OF YOUR
JUDGES, YOU DON T HAVE TO CONCERN YOURSELVES WITH JUDGE DARMACK
$NYMORE ARE FIT TO SERVE THE PEOPLE OF THIS CITY IN THAT COURT.
HANK YOU.
MR. FLOYD: THE STATES ATTORNEYS OF ICE DOESN'T GRANT ANYBODY IMMUNITY.
HATS PUTTING THE CART BACKWARDS. HE STATUTES, THE LAW OF THISSTATE
GRANT THE IMMUNITY, ITS THE STATES TTORNEY WHO REQUESTS THAT YOU
WAIVE THE LAW THAT THE STATE GIVES, THATS THE ONLY THING THAT JUDGE
LEVENSTEIN HAS REFUSED TO DO.
MAYOR KENNEDY: WE HAVE HEARD BOTH aIDEA ON THIS ISSUE AND BROUGHT
TO OUR ATTENTION BY STATE ATTORNEY MR. UERSTEIN THAT TWO JUDGES HAVE
REFUSED TO WAIVE IMMUNITY AND NOW THEBURDEN BY THE M MORANDUM
SUBMITTED TO US BY OUR VERY ABLE CITY ATTORNEY, ALAN KOTHSTEIN,
10Wo CH HE SAYS THAT HE BELIEVES THAT THE FLORIDA bTATUTESI SECTION
7.10 WOULD APPLY AND THAT THE INFORMATION THAT THE STATE ATTORNEY
FURNISHED US, NAMELY THAT BOTH JUDGES REFUSED TO WAIVE IMMUNITY
WOULD THROW THEM WITHIN THE PROVISIONS OF THAT FLORIDA TATUTE
AND THEREFORE THE BURDEN IS ON THIS CITY COMMISSION, REGARDLESS
OF WHAT WE MAY FEEL IS HAPPENING, WHETHER WE FEEL THAT TH171NTEGRITY
2� L
OF BMH OF THESE JUDGES IS BEYOND APPROACH, THE BURDEN IS NOW ON
US TO INVESTIGATE THIS. WE MUST JUDGE THEM BY TtjE SAME STANDARDS
AS MEMBERS OF THIS COMMISSION WOULD BE JUDGED. 11 AM SURE THAT NO
MEMBER OF THIS COMMISSION WHICH IS ELECTED BY THE PEOPLE, WOULD
BE ALLOWED TO GET AWAY WITH R FUSAL TO SIGN WAIVER OF IMMUNITY,
AND 1 AM VERY SORRY THAT MR. STRAUSS GOT INTO THE JUDICIAL KEFORM
PERHAPS ANTICIPATING TAT IF WE DID FORM AS A COMMITTEE OF A WHOLE
AND SINCE I AM ON THE STATE COMMITTEE, THAT HIS URGING THAT ARTICLE
7 DEALING WITH JUDICIAL REFORM AND THE ABOLISHMENT OF MUNICIPAL LOURTS
BE PASSED, THAT HE MAY NOW SAY THAT I AM WING THIS OUT OF POLITICAL
MOTIVATION BUT I CERTAINLY HOPE THAT- BUT 1 B LIEVE THAT IT IS OUR
DUTY TO MEET AS A COMMITTEE OF IHE WHOLE AND I AM GOING TO ASK THAT
WE STAY HERE AETER OUR REGULAR UITY COMMISSION MEETING IS FINISHED
ALONG WITH MR. KEESE AND MR. KOTHSTEIN TO SET THE PROCEDURES THAT
THIS COMMITTEE WILL FOLLOW IN GOING THROUGH THIS INVESTIGATION.
1 BELIEVE MR. ROTHSTEIN THAT IT IS IN MY POWER TO DO SO.
MR. ROTHSTEIN: WELL IT WOULD TAKE A RESOLUTION THAT PUttSUANT TO
THE CITY CHARTER THAT THE COMMISSION BE UNDER SECTION 14 AUTHORIZE
ITSELF AS A COMMITTEE OF THE WHOLE TO INVESTIGATE THE OFFICIAL ACTS
AND CONDUCT OF THE JUDGES IN QUESTION.
MAYOR KENNEDY: IS THERE A MOTION.
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43239
A RESOLUTION DESIGNATING THE CITY COMMISSION TO SIT
AS A COMMITTEE OF THf WHOLE TO INVESTIGATE THE OFFICIAL
ACTS AND CONDUCT OF LEONARD L. LEVSNSTEIN AND GERALD J.
TOBIN, MUNICIPAL JUDGES OF THE CITY OF MIAMI, FLORIDA
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS. GORA0 TH RESOLD ION WAS PASSED
AND ADOPTED BY THE FOLLOWING VOTE - YLS�: SSRS. LHRISTIE, GRAHAM,
LUMMER, MRS. CORDON AND MAYOR KENNEDY. NO S: NONE
MAYOR KENNEDY: WE APPREC ATE EVERYONE COMING AND AS SOON AS I
HAVE RECEIVED, AS I SAID MR. ROTHSTEIN WILL NOTIFY THE RESPECTIVE
ATTORNEYS,
89
2 ,17-72
24. ` .-JAM i 'LUWER 701
•
ROXE BOLTON APPEARED BEFORE THE COMMISSION AND EXPRESSED
MHE OPINIONTHAT ONE OF THE THINGS THAT WAS WRONG WITH THE
UNICIPAL COURT WAS THAT IT WAS AN ALL WHITE MALE BODY AND SHE
STATED THAT A FEMALE JUDGE SHOULD BE CONSIDERED TO REPLACE THE
PRESENT VACANCY ON THE BENCH AND SUBMITTED THREE NAMES FOR THE
CONSIDERATION OF THE IOMMISSION.
25. BUDS - $5 000 000 SA►4ITARY SEWER BONDS AND S2, 000100(1
H I 9 IwAY 91. f(T BUMS - AWARD I A
dPON THE RECoMMENU T rON- OF` i HE` C ii' ARAG`€R AND THF^J I RECTOR^
OF FINANCE, THE FOLLOWING RESOLUTION WAS INTRODUCED RODUCED BY R. PLUMMER
WHU HOVEL) "Fro o A1DJOP T i 3
RESOLUTION, 43240
OFO�HE���TY2OF�M�AhIIGH�LOhIDAIMPROV�MENTYBONDSR
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPON BEING SECONDED BY MR, CHRISTIE, TH RESO UTION WAS
PASSED AND ADOPTED BY HE FOLLOWING VOTE - AYES: SSRS. CHRISTIE,
GRAHAM, PLUMMER, MRS. CORDON AND MAYOR KENNEDY. NOES: NONE
26. MODULAR HOMES -
MR. JAMES BRENNAN, PRESIDENT OF LIBERTY HOME CORPORATION APPEARED
BEFORE THE COMMISSION TO DISCUSS AN APPLICATION TO BUILD A MODULAR TYPE
HOME IN THE MODEL ITIES AREA BUT WERE REFUSED A BUILDING PERMIT.
HE EXPLAINED THAT THESE HOMES WERE BUILT AT RANDOM ON AVAILABLE
LOTS SCATTERED THROUGHOUT THE CITY AND COUNTY AND ANSWERED A VERY
GREAT NEED FOR QUICK HOUSING.
AFTER CONSIDERABLE DISCUSSION DURING WHICH MR. BRENNAN EXPLAINED
HIS PROBLEMS IN GETTING NECESSARY APPROVAL IT WAS AGREED TO REFER
THIS REQUEST TO MRS, GORDON WHO AGREED TO ASSIST IN EXPLORING THE
POSSIBILITIES OF THIS TYPE OF CONSTRUCTION IN THE CITY OF MIAMI.
27. PLAZA VENETIA - DEVELOPMENT REPORT IQ CITY OMISSION
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WI® MOVED ITS ADOPTION:
RESOLUTION NO. 43241
.A RESOLUTION DIRECTING THE PLANNING AND ZONING
BOARD AND PLANNING DEPARTM N TO MAKE A REVIEW
OF THE CENTRAL COMMERCIAL U-5 DISTRICT USE
REGULATIQNS TO EpMINATE FROM ARTICLE XV,
SECTION L (H) (D) 1 THROUGH / AND TO PLACE SAID
SUBSECTIONS IN A SEPARATE CATEGORY
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, THE RESOLUTION WAS PASSED
AND ADOPTED Y THE FOLLOWING j(QTE -.AYES; MESSRS. CHRISTIE, GRAHAM,
rLUMMER AND MAYOR KENNEDY, NUtS: MRS, 1ORDON
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
39
2-17-72
•
RESOLUTION N0. 43242
A RESOLUTION DIRECTING THE PLANNING AND ZONING
BOARD AND THE PLANNING DEPARTMENT TO COMMENCE
A STUDY AND PROVIDE FOR PUBLIC HEARINGS THAT
WOULD ENCOMPASS A PLANNED UNIT DEVELOPMENT
CONCEPT THAT WOULD EMBRACE BOTH RESIDENTIAL AND
COMMERCIAL USAGE OF LAND SUBJECT TO CONSTRUCTION
PURSUANT TO PLANS SUBMITTED BY THE APPLICANT AND
APPROVED BY THE PLANNING AND ZONING BOARD AND
THE CITY COMMISSION
(HERE FOLLOWS BODY OF RESQLUTIOt4, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS, GORDON, TH SOLUTION WAS
ASSED AND ADOPTED BY THE F LLOW NG VOTE - YLs: ESSRS,
LHRISTIE, GRAHAM, PLUMMER, MRS. CORDON ANDMAYOR KENNEDY, NOES: NONE
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43243
A RESOLUTION REFERRING TO THE PLANNING AND
ZONING BOARD THE RECOMMENDATION OF THE COMMISSION
THAT THEY HOLD IMMEDIATE HEARINGS PERTAINING TO
WASTIEYIPA SUBJECTVTOOCERTAINERECOMMENDATIONS
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, Thg.RESOLUTION WAS
EASSED At.4D ADOPTER BY IHE FOLLOWING VOT - Pan: M SRS. CHRISTIE,
RAHAM, F'LUMMER, MRS. CORDON AND MAYOR KENNEDY, NOES: NONE
PRIOR TO THE INTRODUCTION OF THE RESOLUTIONS THE MAYOR CALLED
ATTENTION TO A DETAILED WRITTEN REPORT ON THIS MATTER FROM THE
CITY MANAGER DATED FEBRUARY 17, 1972, COPIES OF WHICH HAD JUST BEEN
FURNISHED THE COMMISSIONERS.
GEORGE ACTON, DIRECTOR OF THE PLANNING DEPARTMENT, EXPLAINED
IN SOME DETAIL THE CITY MANAGERS REPORT, CALLING ATTENTION TO THE
CONDITIONAL RECOMMENDATION AND POINTING OUT THE VARIOUS CONDITIONS
WHICH IT WAS FELT SHOULD BE ATTACHED TO ANY FAVORABLE RECOMMENDATION
ON THIS PROJECT.
THE CITY ATTORNEY STATED IT WAS HIS OPINION THAT AN APPLICATION
FOR RE -ZONING AND CONDITIONAL USE COULD BE FILED AT THIS TIME, AND
THAT AN APPLICATION FOR VARIANCE COULD BE FILED AT THIS TIME ALSO,
BUT THAT THE COMMISSION COULD TAKE NO ACTION ON THE APPLICATIONS
UNTIL THE STEPS RECOMMENDED IN THE FOREGOING RESOLUTIONS HAD BEEN
TAKEN.
After considerable further discussion, in response to a question by
David Simpson, Executive Secretary of the Planning Board concerning
the processing of applications in this matter, the City Attorney
stated that the resolutions directed the Planning and Zoning Board
and Planning Department to conduct public hearings to amend th.e C-3
district and to accept the application and that it is not necessary
that the public hearings be accomplished prior to the acceptance
of the application.
31
2-17-72
EN
MAYOR KENNEDY STATED THAT THE ORANGE BOWL AS WE KNOW IT TODAY
WAS LARGELY DUE TO THE SUPPORT OF THE UNIVERSITY OF MIAMI AND
EXPRESSED THE OPINION TzH T WE SHOULD ASSIST THEM IN THIS REQUEST. JOHN
RING REPRESENTING THE U.�.COMMITTEE URGED THE RATE REDUCTION
AFTER CONSIDERABLE FURTHER DISCUSSION, THE FOLLOWING RESOLUTION
WAS INTRODUCED BY MAYOR KENNEDY, WHO MOVED ITS ADOPTION:
28. UNIVERSITY OF MIAMI - RATES FOR USE OF ORANGE BOWL
DR. HENRY KING $TANFORD, PRESIDENT OF THE UNIVERSITY OF MIAMI
APPUSEEOFED THEEORANGEORE HBOWL STADIUM BOMMISSION Y THEU NIVERST A RAIE Y OFDMIAMOINFORRTHE
FOOT-
BALL GAMES FROM THEPREVIOUS RATE OF 1 % TO DDI. HE EXPLAINED THAT
THE UNIVERSITY OF IAMI WAS FACING SEVERE FINANCIAL PROBLEMS IN
CONNECTION WITH THEIR ATHLETIC PROGRAM AND THAT THEY COULD NOT
CONTINUE SUPPORT OF A FOOTBALL TEAM WITH THIS OVERHEAD,
THE CITY MANAGER RECOMMENDED A COMPROMISE REDUCTION TO 12 1/2%
AND THE CITY WOULD CONTINUE TO SUPPLY USHERS AND CROWD CONTROL
PERSONNEL.
MR. .TAKE GAITHER APPEARED IN BEHALF OF THE ORANGE BLOSSOM CLASSIC
AND REQUESTED THE SAME CONSIDERATION AND RATE REDUCTiON AS WAS BEING
ASKED BY THE UNIVERSITY OF MIAMI.
RESOLUTION NO. 43244
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN ORDINANCE FOR SUBMISSION
TO THE CITY COMMISSION TO REDUCE NTAL ARGE�
OF THE ORANGE BOWL STADIUM FROM 15 TO 1UI FOR
THE UNIVERSITY OF MIAMI, ORANGE BOWL CLASSIC AND.--0.r++1
SHRINE NORTH SOUTH FOOTBALL GAME 'AND TO PROVIDE
THAT THE ABOVE NAMED ORGANIZATIONS BE REQUIRED TO
FURNISH CROWD CONTROL AND TICKET PERSONNEL
(ONRFILEE LINWTHES OLITYFCLERKSUUFFICE)OMITTED HERE AND
UPON BEING SECONDED BY MRS. GORDON, THf.RtSOLI1 TION WA
ASSED AND ADOPTERBY IHE FOLLOWING VOT tt SRS�t LHRISTIE,
bRAHAM, FLUMMER, MRS. t]ORDON AND MAYOR KENNEDY. NOLb: NONE
29. ESTABLISHMENT OF DRUG CLINIC IN CENTRAL MIAMI AREA
MR. ROLLE APPEARED BEFORE THE COMMISSION TOGETHER WITH A GROUP
OF ADMITTED DRUG ADDICTS TO SEEK ASSISTANCE OF THE COMMISSION AND
REQUEST THE ESTABLISHMENT OF A DRUG CLINIC IN THE CENTRAL MIAMI AREA.
HE OUTLINED IN DETAIL THE EXTREME NEED FOR SUCH A FACILITY AND URGED
THE MMI SION TO HELP IN ANY WAY POSSIBLE.
DR, BEN SHEPPARD APPEARED AND STATED THAT THIS NEED DOES EXIST
FOR THIS AREA AND THAT HE WOULD BE4GLAD TO HELP IN ANY WAY HE COULD
AND SAID THAT HE WAS SURE THE ARCHDIOCESE OF MIAMI WOULD ASSIST IN
SUCH A PROJECT a ETC,
MR. LINCOLS, REPRESENTING H AS NTHE G USTATE NDS OOFR CTLORIDARDEPARTMENT OF
REHABILITATIVE SERVICES APPEARED AND STATED THAT HE WOULD LIKE TO
ARRANGE A MEETING BETWEEN HIS SUPERVISOR AND THE CITY MANAGER TO
ASCERTAIN TO WHAT DEGREE THE STATE AGENCY WOULD PARTICIPATE IN SUCH
A PRO1JECT.
AFTER CONSIDERRABLE FURTHER DISCUSSION, THE FOLLOWING RESOLUTION
WAS INTRODUCED BY MAYOR KENNEDY WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43245
,A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO SPEND WHATEVER FUNDS THAT MAYBE NEC-
ESSARY.FOR THE RENTAL OF A SUITABLE BUILDING IN
THE CENTRAL MIAMI AREA TO BE USED FOR A METHADON
CLINIC AND TO PROVIDE FOR T''F UTILITIES THEREFOR
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS OFFICE)
32
2-17-72
• •
UPON BEING SECONDED BY MRS. GOR Na THE RESOLUTION WAS PASSED
IND ADOPT D BY THE FOLLOWINGIVOTE - AYtS: SSRS. LHRISTIE, GRAHAM
LUMMER, MRS. CORDON AND YOR KENNEDY, NO S: NONE
JUDGE JAMES DUNN, PRESIDENT OF THE ORANGE BOWL COMMITTEE, APPEARED
ND SATED THAT HE WOULD PERSONALLY SOLICCIT MEMBERS OF THE ORANGE
1W�O �OOITOEAE AND S5ISTSINTTHISED H�RUGNCLINICRt'ROGRAMTY HE COULD RAISE
30. COMMENDING DR. BEN SHEPPARD FOR HIS EFFORTS IN FIGHTING DRUG ABUSE
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MAYOR KENNEDY
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43246
A RESOLUTION COMMENDING DR. BEN SHEPPARD AND THE
ARCHDIOCESE OF MIAMI FOR THEIR LEADERSHIP AND
EFFORTS IN COMBATTING DRUG ADDICTION IN THE CITY
OF MIAMI
(HERE FOLLOWS BODY OF RESOLUTION, QMITTED HERE AND
ON FILE IN THE LITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS. GORD (� TH RESOLUIION WAS PASSED
tND ADOPTAD BY THE FOLLOWING VOTE - HMS: MESSRS. LHRISTIE, GRAHAM
LUMMER, MRS. CORDON AND MAYOR KENNEDY. NOES: NONE
31. COORDINATOR FOR DADE COUNTY FOR DRUG ABUSE PROGRAMS
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MAYOR KENNEDY
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43247
A RESOLUTION REQUESTING THE FEDERAL GOVERNMENT TO
APPOINT A COORDINATOR FOR DADE COUNTY TO INSURE
THAT WHATEVER FEDERAL FUNDS THAT MAY BE AVAILABLE
FOR COMBATTING DRUG ADDICTION ARE PROGRAMMED IN A
REALISTIC FASHION TO SERVE ALL OF DADE COUNTY
(HERE FOLLOWS BODY OF RESQLUTifON, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MRS, GORDl�P(� TH RESOLUTjION WAS PASSED
AND ADOPT D BY THE FOLLOWING VO E - AYtb: SSRS. LHRISTIE, GRAHAM,
LUMMER, MRS. CORDON AND MAYOR KENNEDY. NO S: NONE
zz ' PRI0249!TUIE
INTRODUCTION OF RESOLUTION NOS. L{3244 43245,
3L�G AND NAYOR SURRENDERED THE CHAIR TO VI E MAYOR
RAHAM AND FOLLOWING ADOPTION OF THE RESOLUTIONS, THE MAYOR RESUMED
THE CHAIR.
32. AMATEURTALENT PROGRAM - CAPITOL THEATRE
MR. GORDON SPRADLEY AND MR. JAMES CAREY, REPRESENTING WOMETCO
ENTERPRISES APP�',jARED AT THE REQUEST OF tM'IAAYOR KENNEDY TO DISCUSS THE
POSSIBILITY OF WOMETCO ALLOWING THE USE OF THE CAPITOL THEATRE FOR
THE PURPOSE OF PRESENTING LIVE aHOWS BY YOUNG TALENT GROUPS SUCH AS
THE GROUP APPEARING BEFORE THE LOMMISSION WITH DRUG PROBLEMS.
MAYOR KENNEDY SAID THESE PROGRAMS MIGHT BE PRESENTED DURING THE
AFTER MR. SPRADLEYTHAT
ADjDRESSEDE TRIHEE COULD STILL RUN THEIR LOMMISSION AND OFFEREDOTHESUSE OFAT GAT,
LOSED THEATRE, THE KIIZ ON SE;OND AVENUE FOR THE USE QF THIS GROUP.
HE EXPLAINED THAT IHE LAPI OL d-tEATRE IS NOT RUNNING 3U YEAR OLD
MOVIES BUT RATHER SRD AND 4TH RUN OF MOVIES ON THE AVERAGE OF b MONTHS
OLD, HE SAID FIRST RUN, SECOND RUN PICTURES HAD BEEN TRIED WITHOUT
SUCCESS. IN FACT HE STATED ALL TRIED FORMATS AT THIS THEATRE HAD
FAILED AND THE ONLY REASON THE THEATRE HAD NOT BEEN CLOSED WAS THAT
THEY HAD SOME FINE VETERAN EMPLOYEES STILL WORKING THERE. 2-17-72
33
•
•
HE STATED THAT THE THEATRE HAS
THAT THEY WOULD COOPERATE WITH
SHOWS AT THE CAPITOL PROVIDING
PRESENTED.
EVEREND GRAHAM EXPRESSED
HAVE TO BE PROPERLY SUPERVISED
THEIR COOPERATION.
336 -APPOINTMENT OF MUNICIPAL JUDGE DAPS SATIN
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER, WHO
MOVED ITS ADOPTION:
LOST MONEY FOR 10 YEARS. HE SAID
THIS GROUP IN THE PRESENTATION OF
THEY WERE PROPERLY ARRANGED AND
THE OPINION THAT THESE EVENTS WOULD
AND THANKED THE REPRESENTATIVES FOR
RESOLUTION NO. 43248
A RESOLUTION APPOINTING AND ELECTING DAN SATIN
AS MUNICIPAL JUDGE OF THE CITY OF MIAMI, LORIDA
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, TH ESOLUTION WAS
(ASSED AND ADOPTERBY IHE FOLLOWING VOTE- AYES: M SRS. CHRISTIE,
RAHAM, PLUMMER, MRS. bORDON AND MAYOR KENNEDY. NOLS: NONE
34. CLAIM SETTLEMENT - FRANCISCO BLANCO
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE, WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43249
A TORACCEPTION THEASUMOOFZ$95.OUEINIFULLOR ANDCOMPLFNzTE
1ETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VS.
RANCISCO BLANCO AND AUTHORIZING THE CITY MANAGER
AND THE CIY CLERK TO EXECUTE A RELEASE, RELEASING
RANCISCO BLANCO FROM ANY AND ALL CLAIMS AND
DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE
ABOVE CLAIM
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. PLUMM TH RESOLUTION WAS PASSED
AND ADOPTED BY THE FOLLOWING VOTE - A �S�: SSRgj . CHRISTIE, GRAHAM
LUMMER, MRS. CORDON AND MAYOR KENNEDY. NO s: NONE
35. HIGHWAY RIGHT OF WAY DEED- ACCEPTANCE OF=
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43250
A RESOLUTION ACCEPTING AND APPROVING FOR PROPER
PUBLIC PURPOSES, A HIGHWAY RIGHT OF WAY DEED FOR
THE THEREIN DESCRIBED LAND AREA AT THE NORTHEAST
CORNER OF S. W. 1/ AVENUE AND SOUTH BAYSHORE DRIVE;
AND DIRECTING THE PROPERTY MANAGER TO RECORD SAID
DEED AFTER ATTACHING THE THEREIN SPECIFIED CERTIFICATE
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE, AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. PLUMNI;" TH RESOLUTION WAS PASSED
AND
DMADOPTEDSBY THE FOLLOWING VOTE - AYkS�: SSRgj . CHRISTIE, GRAHAM,
R, . CORDON AND MAYOR KENNEDY. NO S: NONE
34
2-17-72
•
36. COVENANT - ACCEPTANCE OF - BES$EJV-LAZARE LTD.
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43251
A RESOLUTION ACCEPTING 19QQVENANT TO RUN WITH THE
LAND DATED JANUARY , , FROM HESSEN-LAZARE,
LTD, AND AUTHORIZING ISSUANCE OF A PERMIT TO CON-
STRUCT A SANITARY SEWER FORCE MAIN
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPONY R�SOLUTIOt� WAS
(3RAHAM, PLUMMER, MRS. IHE
AND MAYOR KENNEDYYYJJ. NOLS: NONERISTIE,
37. ffipkyIARNARTIp _ D OF464 I sToEg N5NANCE IN
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER, WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43252
A ONRN.
E.
ZND AVENUEING FROMHAI 55 STREETNTOT5bET AREAS
STREET
WITHIN
BY THE LITY COFPMIAMI,Lt'LORIDA�VFOR EMORE MAINTAINED THANFOUR
YEARS; DESIGNATING SUCH AREAS AS A STREET PRESUMED
TO HAVE BEEN DEDICATED TO PUBLIC USE; CLAIMING ALL
RIGHT, TITLE, EASEMENT AND APPURTENANCES HEREIN
ND THERETO TO HAVE BECOME VES D IN THE LITY OF
IAMI, fLORIDA, UNDER CHAPTER 55/.1 LAWS OF
LORIDA, AATS OF THE LEGISLATURE, 957 SESSION;
IRECTjING THE FILING IN THE PUBLIC RECORDS OF
ADE LOUNTY, FLORIDA, ON BEHALF OF THE CITY OF MIAMI,
LORIDA, A PLAT BY WHICH SUCH AREAS ARE SHOWN TO
BE CLAIMED AS A DEDICATED.PART OF A PUBLIC STREET,
A COPY OF SUCH PROPOSED PLAT BEING ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY REVEREND GRAHAM HE RESOLUTION WAS
GASSED AND ADOPTER BY IHE FOLLOWING VOT - AYES: SRS CHRISTIE,
RAHAM, PLUMMER, MRS. bORDON AND MAYOR KENNEDY. NOLS: NONE
38. COVENANT - ACCEPTANCE OF - S.OJJTH FLAGLERIKVE$TMENTS INC.
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43253
A RESOLUTION
WITH
LANDDATEDFEBRUARYI1, 19/i, FROM SOUTH FLORIDA
THE
FL RIDA
INVESTMENTS INC., AND AUTHORIZING ISSUANCE OF A
PERMIT TO CONSTRUCT A SANITARY SEWER FORCE MAIN
(HERE FOLLOWS BOY OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE LITY CLERKS OFFICE)
UPON BEING SECONDED BY MRS. GORDON, THE RESOLUTION WAS PASSED
AND ADOPTED BY THE FOLLOWG VOTE - AYES: & SSR. CHRISTIE, GRAHAM,
PLUMMER, MRS. GORDON AND MAYOR KENNEDY. NO S: NONE
35 2-17-72
•
39. PARTIAL RELEASE - CENTRAL NAT;9NAL. BANK, 1520 BISCAYNE ABEN &YARD
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43254
A
NOVEMBERTJO, 1�/1, BYGJEFFERSONLREALTYSE OFEXECUTED BISCAYNE
INC., AND RAILWAY CLERKS TITLE HOLDING COMPANY OF
CERTAIN VAL PROPERTY DESCRIBED IN PARCEL B OF EX-
HIBIT A OF THAT CERTAIN COVENANT RUNNING WITH
THE LAND EXECUT Bx WFERSON REALTY OF BIS AYNE
TNC., ON M C 19bb, AND RECORDED UNDER LLERKS
ILE NO. 6A6K-4U 1; APPROVIN�C A Qj(ENANT RUNNING
1�
WITH THE LAND DATED JANUARY 17,/L, EXECUTED BY
CENTRAL NATIONAL BANK OF MIAMI SUBSTITUTING CERTAIN
REAL PROPERTY FOR THAT CERTAIN REAL PROPERTY
PARTIALLY RELEASED; DIRECTING THAT THE DOCUMENTS
STATED HEREIN BE RECORDED IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, AT THE EXPENSE OF THE MAKERS
OF SAID DOCUMENTS; AND AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY, A
PARTIAL RELEASE OF COVENANT PERTAINING TO A COVENANT
GIVEN TO THE CITY OF MIAMI BY J FFERSON REALTY OF
BISCAYNE, INC., ON MARCH 0, yb , SAID PARTIAL
RELEASE TO APPLY ONLY TO LOT b, AM NDED PLAT OF
NELSON VILLA SUBDIVISION AND LOT 2S, BISCAYNE PARK
ADDITION, A COPY OF SAID PARTIAL RELEASE OF COVENANT
BEING ATTACHED HERETO AND MADE A PART HEREOF
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS OFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, TH ESOLUTION WAS
SASSED AN ADOPTS BY HE FOLLOWING VOT - AYES: M SRS. LHRISTIE,
LUMMER, URAHAM, ADOPTER
CORDON AND MAYOR KENNEDY. NOES: NONE
40. EML. GRANT APPLICATION - NATIONAL CONVENTION- POLICE RESPONSE
FilJc,.
THE FOLLOWING RESOLUTION WAS INTRODUCE: BY MR. PLUMMER, WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43255
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION
TAKEN BY THE CITY.MANAGER IN THE SUBMISSION OF A
FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF
JUSTICE, LAW ENORCMENT8RALRAA QI N I T-
ATUN QNzEiiT� bUUENFOLiCL KLFOJE oJt 6 MONTH REQUEST ;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AND EXECUTE THE NECESSARY LEGAL DOCUMENTS AND
CONTRACTS TO IMPLEMENT THE PROJECT
(HERE FOLLOWS BODY OF RESQLUTIOV, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY REVEREND GRAHAM IHE R SOLUTIOIN WAS
SASSED ANDADOPTERBY THE FOLLOWING VOT - AYRS: SRS. LHRISTIE,
MUMMER, MRS. CORDON AND MAYOR KENNEDY. NOLS: NONE
41. ADDITIONAL REQUIREMENTS TO A?PL1CATIOV ]'Q FILL SII$MERGED LAND
36
2=17-72
• •
AN ORDINANCE ENTITLED -
AN QRDINANCE AMENDING SECTIONS 27-8, 27-10 AND
2 -11. OF THE CITY CODE, FOR THE PURPOSE OF PROVIDING
ADDITIONAL REQUIREMENTS RELATIVE TO APPLICATIONS TO
FILL SUBMERGED LAND BORDERING UPON OR LYING IN BIS-
CAYNE BAY; PROVIDING A PENALTY; REPEALING ALL ORD-
INANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT,
INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A
SEVERABILITY PROVISION
WAS INTRRODUCED ABY MR, PLUMMER, SECONDED BY REVEREND GRAHAM AND
AYLS: MESSRS FiI.HST RISTIE,IING BY GRAHAM, RS, CORDON AND
IMUMMER, MLE BY THE FOLLOWING EMAYOR
KENNEDY. NOi : NONE
42. DECLATORY DECREE-.MILLAGE - CITY BUDGET FOR PENSION
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43256
A RESOLUTION DIRECTING THE DEPARTMENT OF LAW TO
OBTAIN A DECLATORY DECREE AS TO WHETHER THE
MILLAGE ALLOCATED IN THE CITY BUDGET FOR PENSION
CONTRIBUTION SHOULD BE INCLUDED IN THE TOTAL
MILLAGE AVAILABLE TO THE CITY BY LAW, FOR TAX
PURPOSES
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. P((LUMMER, THE_RESOLUTION WAEeASSED HRISTIE,
GRAHAM, At'LUMMER,.EMRS. bORDONR BY IHE LAND I��MAYOR G TKENNEDY. NOLS: NONE
43. BID AWARD - JOIST REPAIRS T9 THE ORANGE BOWL STADIUM
THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43257
A RE$QjIVTION AWARDING THE
zBID RECEIVED FEBRUARY
14, OF
zFORTHECONSTR II,IN E
ESTIMATED AMOUNTOFION
OF THE ORANGE BOWL STADIUM- JOIST REPAIRS - 1911T1;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT THEREFOR
(ONRFILELINWTHES OI.ITYQY FCLERKSU�FFICE)ION, MITTED HERE AND
UPON BEING SECONDED BY MR. CHRISTIE, THE RESOLUTION WAS
ASSED AND ADOPTER BY THE FOLLOWING VOTE- AYES: SRS CHRISTIE,
GRAHAM, FLUMMER, MRS, CORDON AND MAYOR KENNEDY, NOLS: NONE
37
2-17-72
44, BID AWARD - DRAINAGE_ PROJECT A-2
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER,
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43258
19@LSOOFTrON AW R g N KULIUKb,DIRLCEIINDTHEBESTIMATED
AMOUNT/OF 2,3 . FOR THE CONSTRUCT Q Q AINAGE
PROJECT A-2; ALLOCATING TH AMOUNT OF Lo,443.UU
FROM THE ACCOUNT ENTITLED STORM SEWER BOND FUND" AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
THEREFOR
(HERE FOLLOWS BOQY OF RESOLUz ION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, TH ESOLUTION WAS
(ASSED AND ADOPTER BY THE FOLLOWING VOT - AYES: SRS CHRISTIE,
RAHAM, GLUMMER, MRS. (iORDON AND MAYOR KENNEDY. NOLS: NONE
45. BID AWARD CENTRAL DRAINAGE; PROJECT E-25
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43259
19Q SOOFT 0P WOIFP1SNTTSU., INRTHEIESTIMATEDAAMOUNT
OF L01,0 u.0 FORIHE CONSTRUCTION OF CENTRAL
Q
RRAIN�iRROJECT-L ; ALLOCATING THE AMOUNT OF
4:c��,�:., U FROM THE ACCOUNT ENTITLED STORM SEWER
BOND FUW, ; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT THEREFOR
(HERE FOLLOWS BOY OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRISTIE, Tug ESO UTION WAS
ASSED AND ADOPTER BY HE FOLLOWING VOTE - AYES: SSRS. CHRISTIE,
bRAHAM, t'LUMMER, IRS.* THE
AID MAYOR KENNEDY. NO S: NONE
46, RalTINUffisOF BARBER AND BEAUTY PERMITS. EXAMINATION
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43260
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISCON-
TINUE THE ISSUANCE OF BARBER AND BEAUTY PERMITS,
EXAMINATIONS AND INSPECTIONS
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. CHRIST , Tr RESOLUTION WAS PASSED
AND ADOPTED BY THE FOLLOWING VOTE - AYL.S: SSRS. CHRISTIE, GRAHAM,
PLUMMER, MRS. GORDON AND MAYOR KENNEDY. NO s: NONE
38
2-17-72
•
47. POLICE MANAGEMENT STIJDY
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, CHRISTIE,
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43261
A RESOLUTION GRANTING AUTHORITY TO THE CITY MANAGER
TO ENTER INTO AGREEMENT WITH STANFORD UNIVERSITY TO
ACCOMPLISH POLICE MANAGEMENT STUDY, SUCH AGREEMENT
TO BE BROUGHT BACK TO THE CITY COMMISSION
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR. PLUMMER, THSOLJT I ON
Q AMAPLADOBY PTER FOLLOWINGTYLWNA
RISTIE,GRAH,UMMERMRS, iORDONAND MAYOR KENNEDY. NOS:ONE
48. RETIREMENT MEM - AMENDIN6 BENEFIT FOR POLICEMEN AND FIREMEN
AN ORDINANCE ENTITLED-
AN SYSTEMINANCE (ORDINANCEDING NO, 1L50)b,am CITY IIJECEMBER 1y, AS
959ETIREMENT
AMENDER
AS APPEARING IN CODIFICATION FORM AS A PA RTQ CHAPTER
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AMENDING
THE RATE OF BENEFIT FOR GENERAL POLICEMEN AND FIREMEN
MEMBERS OF GROUP S OF THE AFORESAID SYSTEM AND SUBSTIT-
p.
iNOFASACHTE APR ENASILL:
END OF SUB -SECTION g$
ID
WE111EARICE GROW CLASS KINIIMUM REMENTRHGEE TE OF
ET
AND BY PROVIDING THAT SAID BENEFITS SHALL VEST UPON
RETIREMENT AND NOT -BE DIMINISHED AFTER RETIREMENT; AND
CONTAINING A SEVERABILITY CLAUSE; DISPENSING WITH THE
REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION
WAS INTRODUCED BY MR, PLUMMER, SECONDED BY MRS. GORDON"AND PASSED
N ITS FIR$T READING BY TIT E BY THE FOLLOWING VOTE - AYGS: MESSRS.
UF�gg STI , RAHAM, PLUMMER, MRS. CORDON AND MAYOR KENNEDY.
UtS: PONE
49. RETIREMENT SYSTEM - AMENDING BENEFITS FOR DEPARTMENT HEADS
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CERTAIN SUB -SECTIONS OF
THE MIAMI (ORDINANCE NITYO.
115U), DECEMBERRb, 1939, SYSTEM
AMENDED) AND THELLMMM1UU))AMI CITY GENERAL EMPLOYE
RETIREMENT PLAN (ORDINANCE NO. 5524, MAY 1,11950)
AS AMENDED) AS APPEAR NG IN CODIFICATION FORM
AS A PART OF CHAPTE OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, 19 7, AS AMENDED R
PARTICULARLY AMENDING SUBSECTIONS Z-91 �2) AND
39
2-17-72
•
2-109 (2) OF SAID CHAPTER 2, BY PROVIDING THAT.
IF UPON SERVICE RETIREMENT IF A MEMBER OF SAID'
g IREMENT SYSTEM OR RETIREMENT PLAN HAS THREE
(5) OR MORE YEARS SERVICE SINCE LAST BECOMING
A M jBER, HE SHALL ALSO RECEIVE A PENSION EQUAL
TO %% OF AVERAGE FINAL COMPENSATION FOR EACH
YEAR OF SERVICE OR FRACTION THEREOF THAT SUCH
MEMBER SERVED AS THE CITY MANAGER, ASSISTANT
CITY MANAGER, CITY CLERK, EXECUTIVE SECRETARY
OF THE CIVIL SERVICE BOARD, EXECUTIVE SECRETARY
OF THE PLANNING AND ZONING BOARD, CITY PHYSICIAN
CITY ATTORNEY, ASSISTANT DIRECTOR OF DEPARTMENT
OF LAW, OR AS A DIRECTOR OR ASSISTANT DIRECTOR
OF A DEPARTMENT ESTABLISHED BY THE CHARTER OF
THE CITY OF MIAMI OR BY ORDINANCE AS AUTHO^IZED
BY SAID CHARTER, PROVIDED HE HAS SERVED IN ANY
OF SUCH CAPACITIES FOR A OTAL COMBINED PERIOD
OF NOT LESS THAN THREE (3) YEARS; SUBJECT
THEREIN QQ MAXIMUM LENGTH OF SERVICE AMOUNTING
TO TEN (1U)A YEARS FOR THE PURPOSE OF COMPUTING
SUCH ADDITIONAL PENSION ALLOWANCE THEREUNDER;
AND CONTAINING A SEVERABILITY PROVISION; DIS-
PENSING WITH THE REQUIREMENT OF READING THIS
ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION
WAS INTRODUCED BY MR. PLUMMER , SECONDED BY 'MRS. GOR 0 AND PASSED
QN ITS FIR T READING BY TITLE BY THE FOLLOWING VOTE - MYtS: q SSR�S,.
CHRISTIE, (RAHAM, PLUMMER, MRS. CORDON AND MAYOR KENNEDY. NOL : NONE
50. RETIREMENT SYSTEM - AMENDING BENEFITS FOR RETIREES
AN ORDINANCE ENTITLED -
AN ORDINANCE AN
AS OFJANUARYP1,.9/Z, INRTHE PENSIONS NOFEEFFECTIVE
ALL
BENEFICIARIES OF THE MIAMI CITY EMPLOYEES RETIREMENT
SYSTEM AND OF THE MIAMI CITY GENERAL EMPLOYEES RETIRE-
MENT PLAN SO THAT AS RESPECTS EACH BENEFICIARY AS OF
SUCH DATE, THE PENSION BENEFIT SHALL BE INCREASED
BY AN G THE
PENSIONGGREGATE BENEFIT BYOUNT TWO PERCENTNULDY (a) OFNTHEASIORIGINAL
BENEFIT FOR EACH YEAR SINCE THE RESPECTIVE DATE OF
RETIREMENT FOR EACH BENEFICIARY; AND BY PROVIDING
THAT THE AMOUNT OF EACH SUCH INCREASE SHALL BE ADDED
TO THE PRESENT BENEFIT, AND THE RESULTING AMOUNT
SHALL HENCEFORTH BE PAYABLE ON A MONTHLY BASIS;
AND BY FURTHER PROVIDING THAT FOR PURPOSES OFAEELY-
ADOPTED SEPTEMBER Z5j,ING THE ORDINANCE 19b9,HIQN PERTAININGCE TO"VARIABLE
UNITS OF RETIREMENT INCOME, THE ADJUSTED PENSION
BENEFIT AS HEREINABOVE DETERMINED SHALL BE USED AS
BASE MONTHLY RETIREMENT ALLOWANCE FOR THE COMPUT-
ATION OF BENEFIT CHANGES, IF ANY, WHICH ARISE BY
REASON OF CHANGE IN THE VALUE OF VARIABLE UNITS;
AND CONTAINING A SEVERABILITY PROVISION DISPENSING
WITH THE REQUIREMENT OF READING THIS ORDINANCE ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION
40
2-17-72
•
•
WAS INTRODUCED BY MAYOR KENNEDY, SECONDED BY MR, CHRISTIE, AND
iAMED
S: QESIRSI CHRISTIE, bRAHAM, PLUE MMER, NE RS, LbORDONG ANDEMAYOR
ENNEDY, NOES: NONE
4).
2-17-72
s
51. 5NIERA4 Wee Y SSQC1ATIDN PROPOSAL FOR. ADJUSTMENTS TO
FrNSIUN
MAYOR KENNEDY: THERES NO ORDINANCE ON THIS, IS THERE?
MR. REESE: No SIR, AT THE LAST MEETING YOU INSTRUCTED HIM TO COME
BACK IN WITH THEIR PROPOSAL.
MR. ROTHSTEIN: MR. MAYOR, WOULD YOU PLEASE AMEND EACH OF THESE
ORDINANCES TO PROVIDE THAT THE REQUIREMENTS OF READING ON TWO SEPARATE
DAYS HAS BEEN DISPENSED WITH BY VOTE OF THE COMMISSION AND IT TAKES A
FOUR -FIFTHS VOTE, YOU HAVE TO SPECIFICALLY VOTE TO ELIMINATE THE NEED
FOR A SEPARATE VOTE ON TWO SEPARATE DAYS.
MR. PLUMMER: SO MOVED.
MAYOR KENNEDY' ITS BEEN MOVED AND SECONDED. WOULD THAT COVER ALL
THREE OF THEM'
MR. ROTHSTEIN: ONE VOTE FOR ALL THREE ORDINANCES.
MAYOR KENNEDY: CALL THE ROLL.
WHRE MOTION WI THE
MOTE:AYES: MELRISTIE,(,RAHAMr,DPLUMMERI, MRS.(ORDONFOLLOWING AND
MAYOR KENNEDY. NUtb: NONE
MR. MARSHALL LITVAK: MR. MAYOR AND COMMISSIONERS, WE HAVE HAD AN
WE_
ACTUARIAL STUDIES MADE FOR THE REQUEST WHICH bENERALEMPLOYEES HAVE
MADE AND SINCE HAS BEEN SUBMITTED TO THE COMM SSION. WE HAV ALSO
SUBMITTED IT TO THE INANCE DIRECTOR AND THE LITY MANAGER. WE FIND
THAT IT FIT$ WITHIN BUDGETARY REQUIREMENTS OF NOT CREATING ANY UFDUE
CLAIMS AND 1 FEEL THAT IT CAN BE IMPLEMENTED WITH NO PROBLEMS. IF
THERE ARE ANY QUESTIONS, I AM SURE THAT MI3. REESE AND MR. BAILEY CAN
VERIFY AS TO ITS FINANCIAL FEASABILITY. OUR REQUEST WOULD BE TO
�UCLUDE FOR CAREER EMPLOYEES ON THE BASIS OF INCLUDING THE OPTION OF
YEARS OF CONTINUOUS SERVICE AS THE ALTERNATIVE
BELIEVE ONE ITEM
WOULD BE A PROBLEM AND WE SUBMIT THIS TO THE COMMISSIONS GENEROSITY
AND THIS WOULD BE FOR THE EMPLOYEES PRESENTLY EMPLOYED WHO MIGHT
NOT.BE ABLE TO QUALIFY FOR THE ADDITIONAL BENEFIT UNDER THE BASIS
QE 1U YEARS SERVICE PRIOR TO MINIMUM RETIREMENT AGE OR A TOTAL OF
LU YEARS. IF A CONCESSION COULD BE MADE FOR PRESENT EMPLOYEES
ALLOWING THEM A TOTAL OF 15 YEARS OF SERVICE, BUT THAT ALL. NEW
EMPLOYEES WOULD COME IN UNDER THE REQUIREMENTS OF EITHER 10 YEARS
RIOR TO MINIMUM RETIREMENT AGE OR LU YEARS CIVIL SERVICE.
IHE ACTUARY DOES NOT GIVE US A REPORT ON THE ITEMS COVERING ALL
PRESENT EMPLOYEES WITH A REDUCED FIGURE BUT WE HONESTLY FEEL FROM
THE FIGURES HE HAS SUBMITTED THAT IT SHOULD NOT CAUSE ANY EXTRA
EXPENSE. WE WOULD ALSO REQUEST THE SAME CONSIDERATION OF A QUICK
ORDINANCE AND THE SAME QUICK APPROVAL.
REVEREND GRAHAM: DID YOU SAY THROUGH YOUR GENEROSITY OR THE
COMMISSIONS?
MR. LITVAK,
MR. CHRISTIE:
MR. LITVAK:
MAR KENNEDY:
No, THE COMMISSIONS GENEROSITY.
ISM TRYING TO FIGURE OUT WHAT YOU ARE ASKING FOR.
I WISH THEY WOULD TELL ME.
LET US DELAY THIS BRIEFLY. LET US GO TO OTHER ITEMS.
52. MIAMARINA IMPROVEMENTS AND ADJUSTMENTS
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO
MOVED ITS ADOPTION:
142
2-17-72
RESOLUTION NO. 43262
A RESOLUTION ACCEPTING THE RECITY MANAGER(COQMMENDA�TIONYS r THg7WHIOy ppR�ouyppESNFORSPROPOSEDDIMrKUVtMtNlbRANAU UltNTS
/0 MIAMARINA FURTHER APPROPRIATIN FUNDS FROM THE.
MIAMAMARINA $AYFRONT RECREATIONAL rACILITIES BOND FUND
$55AT
BOOu; FURTHEROAUTHORIZING THE CACCOMPLISH HEITY RK MANAGERED TO ACCOM-
PLISH THE SAID ADJUSTMENTS WITH CITY FORCES OR BY
cONTRACTA WHICHEVER IS IN THE BEST INTEREST OF THE
t.ITY OF MIAMI
(HERE FOLLOWS BODY OF RESQLUTIO(V, OMITTED HERE AND nN
FILE IN THE CITY CLERKS OFFICE)
U?ON BEING SECONDED BY MRS. GORDO TH RESOLUTION WAS PASSED
AND ADOPTED BY THE FOLLOWING VOTE - HYLS: SSRS. CHRISTIE, GRAHAM,
MUMMER, MRS. CORDON AND MAYOR KENNEDY. NO S: NONE
RECESS: THE COMMISSION WAS IN RECESS FROM 7:15 TO 7:30 P.M.
53. CERTIFICATES OF A?PRAI$AL- DOj4RT0WIt POLICE, �T rJT �I flE
MR. REESE: MR. MAYOR AND MEMBERS OF THE COMMISSION. I HAVE RECEIVED
THISETOEBEIUSEDTES FOROF THEPIOLICELSTATION.FOR THE TII CITY WOULD LIKEKS TO ASKTOWN IHAT
THE LITY
COMMISSION FOR THE AUTHORITY FOR THE ADMINISTRATION TO PROCEED TO
ENDEAVOR TO GET ALL OF THE RLIMINARY WORK DONE NECESSARY TO START
5�1 Q8CQQU R .THIS PROPERTY. IHE APPRAISAL ON THE PROPERTY IS
1,/1/,OU.UO AND THIS IS REPRESENTATIVE OF THE VALUE THAT WAS
PLACED ON THIS PROPERTY ABOUT FOUR YEARS AGO WHEN THE STUDY WAS BEING
MADE FOR THE GOVERNMENTAL CENTER, IT HAS INCREASED IN PROPORTION TO
THE OVERALL REAL ESTATE INCREASE IN THE AREA BUT IT IS NOT OUT OF LINE
WITH THAT STUDY,
AT THE NEXT COMMISSION MEETING, I WILL COME IN WITH THE AUTHORIZING
DOCUMENTS AND SO ON FOR YOU TO APPROVE AS TO ACQUIRING THIS BUT I
WOULD LIKE TO HAVE THE AUTHORITY TO GO AHEAD NOW AND DO THE PRELIMINARY
WORK.
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE WHO
MOVED ITS ADOPTION:
RESOLUTION NO. 43263
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED
rITH PRELIMINARY WORK IN CONNECTION WITH THE PROPOSED
OWNTOWN lOLICE FACILITY IN THE PROPOSED DOWNTOWN
OVERNMENTAL CENTER
(ONRFILEE LINWTHES OLITYpY FCLERKSUOFFICE)MITTED HERE AND
UPON BEING SECONDED BY MRS. GOR QQN, Tr RESOLUTION WAS SASSED
I'ND ADOPT D BY THE FOLLOWING VOTE - AYtS: SSR�S,. IHRISTIE, RAHAM,
LUMMER, MRS, CORDON AND MAYOR KENNEDY. NO S: NONE
54. E' 1 ' SSOCIATIO(t PROPOSAL FOR ADJUSTMENTS TO
��► ' 111►11► I:ir
MAYOR KENNEDY: HAS AN AGREEMENT BEEN REACHED, MR, BAILEY?
MR, LITVAK: YES SIR, WE REACHED AN AGREEMENT WHEREBY WE WOULD
ACCEPT THE CHANGE AS SUBMITTED WITHOUT ANY OF THE ADDITIONAL
REQUESTS FOR LENGTH OF SERVICE OR ANYTO NG ELSE. IHAT THIS WOULD
BE SATISFACTO-Y IQ ALL OF THE GENERAL tMPLOYEE GROUPS REPRESENTED
WHICH IS THE LAW IJEPARTMENT, SANITATION AND BY THE UNION AND THEY
HAVE ALL AGREED THAT THIS IS OUR BEST
J3
7..1 /-77
MAYOR KENNEDY: THATS RIGHT YOU HAVE DONE A GOOD JOB OF BRINGING
ALL THE GROUPS TOGETHER AND WE APPRECIATE IT.
MR, LITVAK: COULD WE REQUEST THAT AN ORDINANCE
THE NEXT OMMISSION EETING TO BE VOTED UPON,
MAYOR KENNEDY: WE WILL DO THE SAME THING WITH
WE DID WITH THIS.
BE PREPARED FOR
YOUR ORDINANCE AS
MR. LITVAK: PASS IT AS AN EMERGENCY,
MAYOR KENNEDY: 0, NOT AS AN EMERGENCY.
HANK YOU ALL VERY MUCH,
130 YOU NEED A RESOLUTION ON THIS NOh, ALLAN?
MR. ROTHSTEIN: No. I WILL JUST GO AHEAD AND DRAW IT UP.
55. ORANGE BOWL STADIUM PUBLICADDRESS SYSTEM
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE,
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43264
A RESOLUTION AUTHORIZING THE 1968 AGREEMENT FOR
PROFESSIONAL.SERVICES WITH THE FIRM OF BOLT,
BERANEK AND NEWMAN, INC., TO BE EXTENDED AND
AMENDED TO PROVIDE FOR THE DEVELOPMENTTOF PLANS
AND MANAGERSF ICATIONS SMEMORANDUMSOFEFEBRUARYD1/r, 19/2CITY
FOR
A COMPLETE NEWSOUND AMPLIFICATION SYSTEM FOR
THE ORANGE BOWL STADIUM; AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE AMENDED AGREEMENT
(HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
Q UPON BEING SECONDED BY MR.
t'LUMMER, MRS. GORDONOAND WMAY RO
G
EL- AYLS:MgRATH SSROS,LULHRISTIE,ION WASPGRAHAM,
SSED
KENNEDY. NO S: NONE
56. EiagivitigeoR SALE OF FRESH FLOWERS OTHER THAN IN AN
MR. ALAN ROTHSTEIN, CITY ATTORNEY STATED THAT HE HAD BEEN
UNABLE TO SOLVE THE PROBLEM CONCERNING THIS MATTER IN CONNECTION
WITH THE DISCUSSION HELD AT THE LAST MEETING. HE STATED THE PROBLEM
IS WE DO HAVE A LICENSE PROVISION FOR SALE OF CUT FLOWERS NOT BEING��ii((
A FLORIST
zz
THAT ISREQUINOT REQUIREDREQUIRING
A
FLORIST,+ETYPE OF BUSINESS RETAIL AI
WITH
ANEXISTINGLICENSE FEEOF4/.UU.
HE CAUTIONED THAT AMENDMENT OF THE PEDDLERS LICENSE FEE WAS NOT THE
ANSWER EITHER SINCE A PEDDLERS LICENSE REQUIRED THE PERSON TO KEEP
MOVINg WHICH WAS NOI THE PROPOSAL OF THE APPLICANT.
HE STATED THE t'OLICE LIE ARTMENT HAD ADVISED HIM THAT THEY WILL
ENFORCE ALL STATUTES OF THE STATE INCLUDING THIS ONE WHICH PROHIBITS
PERSONS FROM BEING IN THE VEHICULAR ROADWAYS FOR THE PUReOSE OF
SOLICITING BUSINESS FROM THE OCCUPANTS OF ANY VEHICLE. IF SUCH
ERSONS ENTERED THESESTREETS TO SELL FLOWERS, THEY WOULD BE ARRESTED.
HERE IS NO WAY TO ALLOW THEM TO DO WHAT THEY HAVE PRESENTED ON THE
BASIS OF A PEDDLERS LICENSE.
MAYOR KENNEDY IUQUIRED IF THE CITY MANAGER WOULD RECOMMEND A
CUT I THIS FE TO M W .
JHE CITY MANAGER STATED THAT HE COULD NOT POSSIBLY RECOMMEND
A CUT IN LICENSE FEES AND STATED THAT THE CITY MUST HAVE SOME SOURCES
OF REVENUE.
AFTER FURTHER CONSIDERABLE niscur7tIoN THE MAYOR STATED TO THE
APPLICANTS THAT EVERY AVENUE HAD BEEN EXPLORED IN AN EFFORT TO
RESOLVE THIS MATTER BUT THAT INASMUCH AS REDUCTIONS IN LICENSE FEES
COULD NOT BE RECOMMENDED AND THE CITY ATTORNEY ADVISING THAT THIS
PROCEDURE WOULD BE ILLEGAL
2-17-72
THAT THE COMMISSION -AS A LEGISLATIVE BODY WAS UNABLE TO TAKE ANY
ACTION ON THIS MATTER.
45
2-17-72
57 • SA SPECIAL ELECTIONS - LOCATION OF POLLING PLACES IN CONTIGUOUS
VCIr
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 43265
A RESOLUTION PROVIDING FOR THE LOCATION OF
POLLING PLACES FOR PRECINCTS NOS. 62, 74,
100, 106, 119, 127, 152, 155, 158, 160, 287,
292, 294 AND 295 AT SITES IN CONTIGUOUS
PRECINCTS
(Here follows body of resolution omitted here and on
file in the City Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was passed
and adopted by the following vote - AYES: Mr. Christie, Mrs.
Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy. NOES:
None.
58. SPECIAL BOND ELECTION - DESIGNATING INSPECTORS & CLERKS:
The following resolution was introduced by Mrs. Gordon, who
moved its adoption:
RESOLUTION NO. 43266
A RESOLUTION APPOINTING AND DESIGNATING
INSPECTORS AND CLERKS FOR THE SPECIAL
BOND ELECTION TO BE HELD MARCH 14, 1972,
FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED ELECTORS OF THE CITY OF MIAMI
FOR THEIR APPROVAL OR DISAPPROVAL OF THE
PROPOSED BOND ISSUE SET FORTH HEREIN
(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: Mrs. Gordon, Mr.
Christie, Reverend Graham, Mr. Plummer and Mayor Kennedy. NOES:
None.
59. SPECIAL CHARTER AMENDMENT ELECTION - DESIGNATING INSPECTORS
& CLERKS:
The following resolution was introduced by Mrs. Gordon, who
moved its adoption:
RESOLUTION NO. 43267
A RESOLUTION APPOINTING AND DESIGNATING
INSPECTORS AND CLERKS FOR THE SPECIAL CHARTER
AMENDMENT ELECTION TO BE HELD MARCH 14, 1972,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY OF MIAMI FOR THEIR
APPROVAL OR DISAPPROVAL OF THE PROPOSED
CHARTER AMENDMENTS SET FORTH HEREIN
(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: Messrs. Christie,
Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy. NOES:
None.
46 2-17-72
60. AIR SERVICE BETWEEN MIAMI & HOUSTON, TEXAS - URGING C.A.B.
The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 43268
A RESOLUTION URGING THE CIVIL AERONAUTICS
BOARD TO FIND AND DETERMINE THAT PUBLI('
CONVENIENCE AND NECESSITY REQUIRE THE
CERTIFICATION OF COMPETITIVE AIR SERVICE
WITH NONSTOP AUTHORITY BETWEEN MIAMI,
FLORIDA AND HOUSTON, TEXAS; THAT THE CITY
OF ? AMI TAKES NO POSITION AS TO THE CARRIER
THAT SHOULD BE AUTHORIZED TO OPERATE SUCH
SERVICE; AND DIRECTING THE CITY CLERIC TO
CAUSE TO BE MAILED TO TICE CIVIL AERONAUTICS
BOARD A CERTIFIED COPY OF THIS RESOLUTION
(Here follows body of resolution omitted here and on
file in the City Clerk's office)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote - AYES: Mr. Christie,
Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
61. CLAIM SETTLEMENT - RICARDO MORAD, SALLY CONNOR & ARTHUR
C0NNA :
The following resolution was
who moved its adoption:
RESOLUTION
introduced by Mr. Plummer,
NO. 43269
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO ACCEPT THE SUM OF $87.50 IN
FULL AND COMPLETE SETTLEMENT OF THE CLAIM
OF THE CITY OF MIAMI VERSUS RICARDO MORAD,
SALLY CONNOR AND ARTHUR FRANCES CONNOR,
AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A RELEASE RELEASING RICARDO
MORAD, SALLY CONNOR AND ARTHUR FRANCES CONNOR
FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT
OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM
(Here follows body of resolution omitted here and on
file in the City Clerks office)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote - AYES: Mr. Christie,
Mrs. Gordon, Reverend, Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
62. LITIGATION - CITY ATTORNEY TO DEFEND POLICE OFFICERS:
The following resolution was introduced by Mr. Christie,
who moved its adoption:
RESOLUTION NO. 43270
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY OF THE C.?Z OF MIAMI TO DE-
FEND CERTAIN NAMED POLICE OFFICERS OF THE
CITY OF MIAMI AGAINST WHOM CIVIL ACTIONS
HAVE BEEN BROUGHT
47
2-17-72
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Mr.
Christie, Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor
Kennedy. NOES: None.
63. LANDSCAPING REQUIREMENTS - REQUEST TO WAIVE IN CONNECTION
WIN PARKING LOT - LOT g0, BLS 03N, ! AMI :
Attorney Richard Booth, representing Carlo Barresi, operator
of parking lots at NE 3rd Street and Biscayne Boulevard and NE
4th Street and Biscayne Boulevard, appeared and requested the
Commission to reduce the required landscaping on the perimeter
of Lot 20, Block 83N, Miami, from five feet to two feet, in
connection with a parking lot and proposed elevated parking
structure on said property. He emphasized that it would not be
feasible to use this lot if this much of the perimeter were
required to be devoted to landscaping, but that if it were re-
duced to two feet it could be done. He emphasized that adequate
landscaping could be provided in this two -foot strip. He re-
minded the Commission that it had adopted its Resolution No. 43092
on December 20, 1971, granting a conditional use for this park-
ing structure, but that said resolution was of no benefit to his
client because the Planning Department required the five-foot
strip of landscaping before it could be approved.
George Acton, Director of the Planning Department, expressed
vigorous opposition to reducing this landscaping, emphasizing
that an adequate job of landscaping could not be done in a two -
foot -wide strip. He exhibited photographic slides to illustrate
his arguments in opposition to the request.
After further discussion Mr. Christie stated he would offer
a motion to uphold the recommendation of the Planning Department
in this matter.
There was no second to the motion.
Mr. Carlo Barresi appeared and urged the Commission to con-
sider favorably the reduction in this landscaping requirement.
After further general discussion the Commission agreed to
take no action on the request.
64. ANTI-TRUST LITIGATION - REFRIGERATOR GAS & CAST IRON PIPE:
Upon the recommendation of the City Attorney the following
resolution was introduced by Mr. Christie, who moved its adop-
tion:
RESOLUTION NO. 43271
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER THE CITY OF MIAMI AS PART OF A CLASS SUIT
IN ANTI-TRUST CASES SUCH AS RECENTLY ORIGINATED
BY DADE COUNTY IN REFRIGERATOR GAS AND CAST IRON
PIPE, SUCH PUNITIVE DAMAGES AS MAY BE FORTHCOMING
TO THE CITY TO BE PLACED IN THE GENERAL FUND
(Here follows body of resolution omitted here and on
file in the City Clerk's office)
2-17-72
48
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote - AYES: Mr. Christie,
Mrs.Qordon, Reverend Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
In recommending the adoption cf the resolution the City
Attorney stated that this would not cost the city any money
and might result in some revenue to the City of Miami.
65. PROPOSED BOND ISSUE FOR PARKS - FUNDS FOR PUBLICIZING:
The following resolution was introduced by Mr. Christie,
who moved its adoption:
RESOLUTION NO. 43272
A RESOLUTION AUTHORIZING THE EXPENDITURE
OF $2s500.00 AND ALLOCATING SAME FROM THE
CONTINGENT FUND FOR THE SOLE PURPOSE OF
DISSEMINATING INFORMATION TO THE PUBLIC
FOR THE PARKS AND RECRATIONAL BOND ISSUE;
FURTHER PROVIDING THAT THE SUMS EXPENDED
FOR SAID PURPOSE WILL BE RETURNED TO THE
CONTINGENT FUND UPON THE SALE OF THE PARKS
AND RECREATIONAL BOND ISSUE WHEN IT IS SOLD
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
Upon being seconded by Reverend Graham the resolution was
passed and adopted by the following vote - AYES: M'. Christie,
Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
66. APPRAISAL SERVICES FOR 4 BAYFRONT PROPERTIES - FUNDS:
The following resolution was introduced by Mr. Plummer,
who moved its adoption:
RESOLUTION NO. 43273
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
MAKE PAYMENT TO S. Z. BENNETP APPRAISAL COM-
PANY IN THE AMOUNT OF FIFTEEN THOUSAND FIVE
HUNDRED DOLLARS ($15 500.00) FOR APPRAISAL
SERVICES FOR FOUR (4) BAYFRONT PROPERTIES
WHICH WERE REQUESTED BY THE CITY COMMISSION
THROUGH RESOLUTION NO. 42746 AND RESOLUTION
NO. 43059
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
Upon being seconded by Mr. Christie the resolution was
passed and adopted by the following vote - AYES: Mr.
Christie, Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor
Kennedy. NOES: None.
67. LEGACY OF PARKS OPEN SPACE LAND GRANT - APPLICATION -
wit cENTENN!Ar Par :
The following resolution war introduced by Reverend Graham,
who moved its adoption:
2-17-72
49
RESOLUTION NO. 43274
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO MAKE AN APPLICATION TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT OF THE
FEDERAL GOVERNMENT FOR A LEGACY OF PARKS OPEN
SPACE LAND GRANT TO ASSIST IN THE ACQUISI-
TION AND DEVELOPMENT OF THE PROPERTY KNOWN
AS "BICENTENNIAL PARK", SAID LAND TO BE USED
FOR PARK PURPOSES
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Mr.
Christie, Mrs. Gordon, Reverend Graham, Mr. Plummer and
Mayor Kennedy. NOES: None.
68. AGMT - DEPT OF TRANSPORTATION - STUDY OF 1-195:
The following resolution was introduced by Mrs. Gordon,
who moved its adoption:
RESOLUTION NO. 43275
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO ENTER INTO
AN AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION FOR A MULTIPLE
USE STUDY OF FEDERAL INTERSTATE I-195, A
COPY OF SAID AGREEMENT BEING ATTACHED HERETO
AND MADE A PART HEREOF
(Here follows body of resolution, omitted here and
on file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Mr.
Christie, Mrs. Gordon, Reverend Graham, Mr. Plummer and
Mayor Kennedy. NOES: None.
69. SOUTH DIXIE HIGHWAY - PROPOSED 7TH LANE OF TRAFFIC:
Mr. Plummer inquired as to the status of the proposed
7th lane of traffic on South Dixie Highway in the City of
Miami, and the City Manager stated that no plan had been
formulated thus far; that it was only an idea at the present
time.
Mrs. Gordon stated she had inquired into this matter and
had been informed that it was indeed only an idea at this time,
and that a public hearing would be held on the matter in a few
weeks.
70. PRAYERS FOR PRESIDENT ON HIS CHINA TRIP:
The following resolution was introduced by Reverend
Graham, who moved its adoption:
2-17-72
50
RESOLUTION NO. 43276
A RESOLUTION REQUESTING ALL OF THE CITIZENS
OF THE CITY OF MIAMI TO PRAY FOR THE SAFETY
OF PRESIDENT NIXON ON HIS FORTHCOMING TRIP
TO CHINA
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
That all of the citizens of the City of Miami be, and
they are, hereby requested to pray for the safety of President
Nixon on his forthcoming trip to China.
Upon being seconded by Mir. Plummer the resolution was
passed and adopted by the following vote - AYES: Mr. Christie,
Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
71. MIAMI DOLPHINS - EXTENDING TIME FOR INDEMNIFICATION BOND -
ORANGE B JL STADIUM CONCESSION:
The following resolution was introduced by Mrs. Gordon, who
moved its adoption:
RESOLUTION NO. 43277
A RESOLUTION EXTENDING THE TIME FOR RECEIVING
AN INDEMNIFICATION BOND FROM THE MIAMI DOLPHINS
IN CONNECTION WITH THE ORANGE HOWL CONCESSION,
SAID EXTENSION TO BE UNTIL MARCH 3, 1972
(Here follows body of resolution omitted here and on
file in the City Clerk's office)
Upon being seconded by Reverend Graham the resolution was
passed and adopted by the following vote - AYES: Mr. Christie,
Mrs. Gordon, Reverend Graham, Mr. Plummer and Mayor Kennedy.
NOES: None.
72. CITY OF MIAMI GROUP INSURANCE - INADEQUACIES:
Mr. Plummer called attention to what he termed inadequacies
in the City of Miami's Group Insurance .:overage, especially in
the area of room rates, and requested the administration to
look into this matter with a view to providing better coverage
for City employees.
51
73. WAINWRIG}1T PARK
FIRS, GORDON: THERE WAS A LETTER WE ECEIYED FROM MIKE CALHOUN,
LARA WEINTRAUB AND MRS. MC KENZIE, I DON T KNOW WHETHER THE
NAGER HAS A COPY OF THIS OR NOT,
MR. REESE: YES, I DO.
MRS, GORDON: MAY I HAVE A COMMENT FROM YOU ON IT?
MR. REESE: YES, I WOULD LIKE TO BE ABLE TO WORK IT OUT WITH THIS
COMMITTEE OF WHAT WE ARE ENDEAVORING TO DO DOWN THERE BUT I WANTED
THE OMMISSION TO RECOGNIZE THAT WE ARE STILL GOING 10 HAVE TO KEEP
IT LOCKED UP DOWN THERE FOR SAFETY PURPOSES UNTILWE GET FENCES UP
ON THE BORDERLINES OF THE LAND WE OWN AND THE REASON IS WE HAVE A
SWIMMING POOL IN THERE THAT IS A POTENTIAL HAZARD. IT DOESN'T HAVE
ANY WATER IN IT BUT ITS SOMETHING SOMEBODY COULD WALK IN AND FALL
IN.
MAYOR KENNEDY: ALL RIGHT, YOU HAVE THE LETTER.
MR. REESE: I HAVE THE LETTER.
MRS, GORDON: I JUST WANTED TO KNOW THAT YOU DO HAVE IT AND THAT
YOU ARE TAKING CARE OF IT.
MR. REESE: I WANTED COMMISSIONER CHRISTIE TO HEAR THIS ABOUT
KEEPING THIS PLACE LOCKED UP AND THE REASONS.
[NRS. GORDON: DID YOU GET A COPY OF THIS LETTER FROM THE NEIGHBORS
�NR. CHRISTIE?
MR. CHRISTIE: I DON'T THINK SO.
MAYOR KENNEDY: SO MR. REESE, YOU WILL TAKE CARE OF WAINWRIGHT PARK,
MR. REESE: I WILL TAKE CARE OF WAINWRIGHT PARK BUT I WANTED THE
COMMISSION TO KNOW THAT THERE WAS NO RESOLUTION PASSED ASKING ME
TO OPEN IT UP OTHER THAN TO TAKE THE SIGN DOWN.
1
52
2-17-72
74. THR AT OF LITIGATION RIPARIAN RIGHTS AT NE 39TH STREET
CAY/4 Bid:
Mrs. Gordon called attention to a copy of a letter which
she had received from Attorney Robert Korner addressed to the
Director of the Department of Public Works with respect to
riparian rights at NE 39th Street and Biscayne Bay and the
prospect of litigation involving said property.
Vincent Grimm, Director of the Department of Public
Works, stated that he did not believe the allegations in the
letter were well founded.
75. DADE LEAGUE OF MUNICIPALITIES:
MR, REESE: AT THELAST COMMISSION MEETING THE MAYOR ASKED
ME TO REVIEW THE DADE LEAGUE AND THE VALUE OR TRY TO ARRIVE
AT SAME VALUE THAT IT HAS PERFORMED FOR THE LITY OF MIAMI
AND I WENT AC OV A R THE RECORD ND FOUND THAT WE HAD CON-
TRIBUTED $99,250.0 TO THE DADE LEAGUE SINCE WE HAVE BEEN
MEMBERS OF IT AND. FOR ONE HAVE NOT BEN AB E TO ARRIVE
AT ANY CONCRETE VALUES WE GOT FROM THE DADE LEAGUE AND BY
DROPPING OUI•OF THE DADE LEAGU WE ARE IN NO WAY DROPPING
OUT OF THE t'LORIDA LEAGUE AND I WOULD BE OF THE OPINION
THAT THIS
LOMMISSION
MAKE ANY CONTRIBUTIGORECORD ONTOTHEDADE MUNICIPAL LEAGUE. WE NHE
DUES ARE PAID THIS YEAR.
OM MR. ROTHSTEIN: MAY I JUST POINT OUT ONE THING TO THE MISSION.
THAT IS, DEPENDING ON YOUR FEELING ON THE MATTER, THE JJADE LEAGUE
WAS A IHE IUSTRUMENT
BIG
BATTLE OF
TURNOVER
OOF THE
IHEYCARRI DTHEBATTLETOTHE
PUBLIC AND THEIR POSITION WAS AND OUR DEPARTMENT HAS WORKED WITH
THEIR ATTORNEY S IN COOPERATION WITH FOR EXAMPLE, THERE WAS AN
EFFORT MADE TO TAKE AWAY TWO THIRDS IN OME WHICH AMOUNTS OF
A MILLION AND A HALF DOLLARS FROM THE CITY ON METRO TRAFFIC
FINES AND THAT WAS A OINT EFFORT BETWEEN THE CITY AND THE
OTHER MEMBERS OF THE DAD LEA E AND THERE WAS ANOTHER EFFORT
MADE TO TAKE AWAY SOME $Z5U,OuU.00 FROM THE MUNICIPALITIEOF
WHICH MOST WOULD HAVE BEEN BORNE BY 1MIAMI TO PAY FOR THE JT TES
cE
TTORNEY AND THAT WAS DEFATED BY THE JOINT EFFORTS OF THE DADE
AGUE AND THEIR ATTORNEY S AND THEIR PEOPLE.
THINK THERE ARE TWO SIDES OF THE BALANCE SHEET HERE AND FROM
THE VOTE OF THE CITIZENS OF THE CITY OF MIAMI, ON THE FOLICE
AND t'IRE, IT SEEMS THAT THE CITIZENS WANT THE MAINTENANCE OF
THE CITIES AS OPPOSED TO ABOLISHING THE CITIES AND THIS IS AN
IMPORTANT FACTQR AND THERE SHOULD BE BOTH SIDES QF THE BALANCE
SHEET SHOWN. I WOULD BE DERELICT IN MY DUTY IF 1 DID NOT POINT
THAT OUT TO YOU.
MRS. GORDON: IT RISES IN MY MIND, THAT THERE SEEMS TO BESOME
KIND OF AN INEQUITY HERE ANYWAY B AuU AT SEEMS THAT THE CITY
PAYS QUITE A SUM, SOMETHING LIKE $7,U00.UU AN THE E ARE CERTAIN
OTHER JURISDICTIONS THAT PAY AS LITTLE AS $SUU.UO I READ IN THE
PAPER.
MR. PLUMMER: THATS AN ASSOCIATE MEMBERSHIP.
MRS. GORDON: WHATEVER. THERES QUITE A VARIATION OF -
MR. PLUMMER: ITS BASED ON POPULATION.
MRS. GORDON: OKAY, FINE, IS THER_ ALSO WHAT SHALL WE SAY,
WEIGHTED VOTES FOR THE AMOUNT OF MONIES THAT ARE PAID IN
OR IS IT EQUAL VOTE FOR EACH MUNICIPALITY?
53 217-72
MR. PLUMMER: EACH MUNICIPALITY HAS ONE VOTE.
MRS, GORDON: HERE AGAIN, I SEE SOME KIND OF AN INEQUITY FOR WHAT
WE ARE PAYING AND WHAT WE ARE GETTING.
MR. PLUMMER: MR, MAYOR MAY I REQUEST SINCE I AM THE DELEGATED
REPRESENTATIVE OF THIS COMMISSION ON THE LADE LEAGUE, TAED THEY CALIrED
ME AGENDATANDAy AND I PULLED ASKED LEDTHEME IF AGENDAHIS ANDWAS TOLDOBE THEMDNO. THE h'RESN ODAY IDENTS
OF THE LEAGUE WOULD LIKE TO HAVE APPEARED HERE AND DISCUSSED BOTH
SIDES OF THE ISSUE. 1 W ULD ASK IF IT IS POSSIBLE AND NOT TO
EMBARASS ANYONE ON THIS OMMISSION, THAT THIS MATTERBE PUT ON
THE AGENDA FOR THE NEXT OMMISSION MEETING AND THE rRESIDENT
COULD COME HERE AND DISCUSS BOTH SIDES AND THEN ACTTON BY THIS
OMMISSION COULD BE TAKEN BUT THEY DID CALL AND I TOLD THEM THAT
IT WAS NOT ON THE AGENDA.
MAYOR KENNEDY, AL RIGHT, PUT IT ON THE AGENDA FOR MARCH 2.
ITS FINE WHEN THE LEAGUE ACTS IN BEHALF OF THE CITIES FOR THE
LEGISLATIVE GAIN OF ALL CITIES BUT THERE ARE MANY PEOPLE WHO
AGREE WITH JUDICIAL REFORM AND SOME THAT DISAGREE WITH IT, THERE
ARE SOME THAT ARE FOR THE STRONG MAYOR FORM OF GOVERNMENT AND I
THINK THAT ITS WRONG FOR A LEAGUE TO REPRESENT THE CITIES IN
THESE ISSUES THAT ARE POLITICAL ISSUES RATHER THAN ISSUE
AFFECTING THE GENERAL WELFARE OF CITIES IN PARTICULAR. 1 THINK
THE DADE LEAGUE IS NOW BECOMING THE INSTRUMENT THAT IS A POLITICAL
ONE RATHER THAN ONE THATIT SHOULD HAVE BEEN FORMED FOR AND THAT
IS A QUASI GOVERNMENTAL BODY THAT WOULD INFORM CITIE§ OF
LEGI LATIVE ROGRAMS S CH AS THE NATIONAL LEAGUE OF LITIES AND
THE LORIDALEAGUE OF ITIES. 1 FOR ONE AM NOT VERY HAPPY WITH
THE LORIDALEAGUE OF ITIES EITHER, BECAUSE THEY HAVE BEEN
INEFFECTIVE WITH THE LEGISLATION PROGRAMS OF UR CITI S AND I
IHINK WE OUGHT T9 TAKE A SERIOUS LOOK AT THE UORIDA LEAGUE OF
I.ITIES ALSO. WE RE PAYING BIG MONEY INTO THERE AND WE HAVE TO
HIRE OUR OWN LEGISLATIVE COUNSEL AND OUR CERTAIN ORGANIZATIONS
SUCH AS THE FIREFIGHTERS WHO REPRESENT THE MUNICIPALITY AS A WHOLE
IJAVE BEEN MORE EFFECTIVE THAN OUR OWN FLORIDA LEAGUE OF MUNICIPALITIES.
1 AM QUITE CONCERNED WITH THAT. THEY SEEM TO BE MORE RURAL INCLINED
RATHER THAN URBANREAS NQ AND HAVE NOT VEEN ABLE TO ACCOMPLISH THE JOB FOR
UNTILTHE RTHE MARCH CNDBANTDATEHE TSTETHAT THE. 1 LPRESIDENT OFALONG TTHEH HLEAGUEDEFERRAL
WILL BE ABLE TO BE HERE. 1 AM JUST SPEAKING FOR ONE COMMISSIONER,
76. INTERAMA DISCUSSION
MAYOR K5NNEDY: AM A MEMBER OF THE INTERAMA AUTHORITY. I� THE
�AUSCH OMPANY, RS. GORDON WAS THERE AT THE PRESENTATION.
THEY CAME IN WITH A VW Y REAL TIC PRESENTATION TO HOW INTERAMA
IS 0 BE FINANCED BY t1) THE LL MILLION fOLLAR H D LOAN AND (2)
Y STATE MONIES TNAIz ARE GOING TO BUILD fORIDA PRESENTATION.?
NA IONAL
UNIVERSITY AND i3) t'EDERAL MONIES ALLOCATED FOR THE BI-CENTENNIAL
PRESENTATION, (4) BY PRIVATE ENTERPRISE THAT IS GOING TO COME IN
AND DEVELOP CERTAIN ASPECTS OF NERAMA AND IT STILL CALLS FOR THE
COMMUNITY AS A WHOLE TO RAISE 1L MILLION DOLLARS. THE WHALE BASIS
OF THEIR PRESENTATION WAS THAT THE LIEN THAT THE CITY OF MIAMI HOLDS
WILL HAVE TO BE SUBROGATED TO ALL THE OTHER 4 USES THAT INTERAMA
WILL HAVE PLACED ON IT AND THAT THEY WILL GUARANTEE TO US A CERTAIN
PERCENTAGE OF TH5 INCOME FROM THEIR PROFIT PICTURE TO PAY OFF THE
MONIES OWED THE LITY OF MIAMI. MR. REESE MA7 BE ABLE TO GET INTO
MORE TECHNICAL DETAILS ON IT BUT THE POINT IS THAT I AM GOING TO
HAVE TO VOTE ON THIS AND THAT MEET ABOUT INTERAMA WILL BE PRIOR
TO OUR tEETING ON MARCH 2. AS THE REPRES NTATIVE OF THE CITY OF
MIAMI, 1 FEEL THAT IT IS ONLY RIGHT THAT 1 REPRESENT THEFEELING
OF THIS COMMISSION AND NOT ONLY MY OWN FEELINGS AT THE INTERAMA BOARD.
MR, REESE: AFTER ATTENDING THE MEETING WHERE THIS WAS PUBLICALLY
ANNOUNCED, THE ACTION PROGRAM WAS PRESENTED AND 1 GOT COPIES OF
THE PROGRAM AND ALSO THE TECHNICAL BULLETIN AND SENT IT TO EACH
ONE OF THE COMMISSIONERS WITH THE EX E TION OF THE MAYOR BECAUSE
FJE RECEIVED HIS AT THE COMMITTEE MEETING:.
THE OHAS
TQQEU0
FIHAVEFIGUREDITOUTCORRECTLY,INSTEADOFTHELITYOFMIAMI
HOLDING THE FIRST LIEN POSITION, WE WOULD DROP BACK TO ABOUT THE
FOURTH POSITION. 54
2-17-72
•
THE DEBT THAT WOULD GO IN THERE, WE WOULD BE ABOUT FOURTH AND
IT IS PLANNED THAT SHOULD THIS BECOME REALISTIC WHICH IT APPEARS
THAT IT HAS A LOT OF POSSIBILITIES, THA HE TY OF MIAMI WOULD
BEGIN TO RECEIVE SOME OF THE INCOME IN 19�I6. 1. NOW, THIS IS A PLAN
AND ALSO THERE IS A METHOD OF FINANCING HERE THAT I THINK IS VERY
IMAGINATIVE BUT WITH IT, IT CARVES SOME POTENTIAL CASUALTIES AS
FAR AS THE LAND IS CONCERNED. THEY CONTEMPLATE BQRROWING MONEY
ON A REVENUE BOND BASIS FROM LOCAL INTERESTS AND 1 THINK 1L MILLION
DOLLARS AND THATS NOT CONSIDERING THE TOWER BUT THIS IS FOR MONEY
TO GET STARTED AND START THE PLANS, THESE BONDS ARE TO BE PAID
OFF ON THE REVENUE PRODUCED BY INTERAMA BUT SHODp TH SE BONDS GO
IN DEFAULT, THE BONDS THEN WOULD BE PAID OFF BY 'JADE LOUNTY,
ASSUMING THAT ALL BOND OWNERS ARE REAL ESTATE TAX OWNERS, THEY
WOULD GET AN EQUIVALENT AMOUNT OF MONEY EQUIVALENT TO THE BONDS
WOULD BE MADE AVAILABLE TO THESE BOND HOLDERS, THIS EQUIVALENT IS
THEIR TAX DOLLAR, IN OTHER WORDS WHAT THEY ARE DOING IS ASKING
THE PEOPLE TO LOAN MONEY ON A POTENTIAL REVENUE INCOME WITH THE
IDEA 'HAT IF THE REVENUE IS NOT PRODUCED, WHEN THEY GO INTO DEFAULT,
THEN 'JADE COUNTY STEPS FORWARD AND TAKES TITLE TO THE LAND AND
GIVES THE BONDHOLDERS THE PAID UP TAXES BILL FOR VALUE OF TUE
REVENUE BONDS, NOW THIS WOULD REMOVE ALL POSSIBLE LIENSIF 1
HAVg INT RPRETp AND UNDERSTOOD IT CORRECTLY. THE LAND WOULD THEN
BE VADE LOUNTY S IN CASE OF A DEFAULT,
THIS IS THE PART I WANTED TO BRING OUT AS A VERY IMAGINATIVE METHOD
OF FINANCING.
MRS, GORDON: THE LIEN THAT THE CITY HAS, ITS INTEREST BEARING,
WHAT RATE OF INTEREST -
MR. ROTHSTEIN: THE CITY DOES NOT HAVE ANY INTEREST BUT IT HAS A
FIRST LIEN POSITION.
MRS, GORDON: ITS A NON INTEREST BEARING LIEN?
MR. ROTHSTEIN: THATS RIGHT.
MRS. GORDON: WE HAVE THE FIRST POSITION. Now, IF WE DROP DOWN
TO A FOURTH POSITION, IN WHAT WAY WE WILL RECEIVE ADDITIONAL
COMPENSATION, YOU SAID FROM THE REVENUE.
MR{ EESE: No. WHAT WE WILLj4Q IS WE HAVE AN APPRAISED VALUE OF
H 1/z MILLION DOLLARS SO IN n/b COME A GIVEN DAY, WHEN IHERE IS
REVENUE COMING IN, THEY WILL START TO PAY US ON THE 8 h z MILLION
DOLLARS DUE, MIGHT BE A DOLLAR AND MIGHT I;E A HUND ED THOUSAND.
1 JUST WANTED TO BRING THIS OUT AND 1 DON T THINK AM SAYING IT
IN A DEROGGATORY SENSE, ANYBODY CAN DIG THIS OUT, AM SURE.
MRS. GORDON: THE SECOND AND THIRD POSITIONS, WHAT WILL THEY BE?
MR, REESE: WELL ONE WILL BE THE FEDERAL GOVERNMENT AND THEY WILL
HAVE TO GO TO NUMBER ONE AND THEN THE PEOPLE WHO BUY THE REVENUE
BONDSWILL HAVE A POSITION, THEN THE INDIVIDUALS WHO INVEST IN THE
OVERALL, IN THE BIG PROJECTS BECAUSE WE ARE TALKING IFFN HTERMS RED
OF
WIXTYHAT IFFOURS �MONE DR ILLION?IHENNTHE D HCITY COMES INIRTY EIGHT LWITH �ITS NtS 1/2DAND
NORTH MIAMI IS IN THERE WITH THEIRS TOO, AHEAD OF US, YES.
MR. ROTHSTEIN: ON CERTAIN PROPERTY, NOT ON ALL PROPERTY. ON
THE MAIN PROPERTY WE COME IN ON FIRST POSITIONAND ON CERTAIN
PROPERTY, THY HAVE FIRST POSITION . WE ARE TALKING ABOUT
PRESENTLY. PRESENTLY WE HAVE A IRST POSITION
HAVE A FIRST
POSITION ON A SMALL TRACT AND IN ACTUALITY, ITS NOT A FIRST
POSITION, THEY HAVE THE RIGHT FOR PASSING THEIR BOND ISSUE TO
�UILD A GOLF COURSE AND SOME OTHER RECREATIONAL AREAS.
E ARE SUBORDINATED TO THAT USE, THAT IS CORRECT,
WE MAINTAIN THE FIRST POSITION AND THIS IS THE RESULT OF MUCH
LITIGATION AND MUCH EFFORT AND PREPARING ORDINANCES, THE STATUTES
AS IT IS TODAY,
55 2-17-72
•
MR. REESE:
xrzjI JUST WANT TQ POINT OUT THAT THIS COMMISSION IS IN
AWAS IN
960RAN1961,PTHISIIS.WHEREWHERE
ISTHE
WASWINDOW
LLYWAS
CRACKED. WHEN THE
ITY AND
OMMISSION AT THAT TIME TURNED OVER THE TITLE OF THIS LAND
AND GAVE IT TO INTERAMA TO USc TO BORROW MONEY FROM ON AND NOW
THE LAND IS UNDER DADE COUNTY S CONTROL, UNDER THE STATES CONTROL
EVERYBODY AND WE SIT THERE WITH THE FIRST MORTGAGE, SECOND POSITION.
MRS, GORDON: WHEN THEY BORROWED MONEY IN 1961, DID WE SUBORDINATE
OUR POSITION THEN(
MR. REESE: WE SUBORDINATED OUR POSITION ALL THE WAY DOWN THE LINE.
WE GAVE UP TITLE PRACTICALLY.
MR. ROTHSTEIN: WELL WHAT HAPPENED WAS THAT WE SUBOkDINATED OUR
POSITION AND DID EVEN WORSE THAN THAT, AND THEN AS A RESULT OF
ALL THE LITIGATION SO THAT THE LAND WOULDN'T BE SOLD, A PLAN WAS
FINALLY WORKED OUT WHERE THE MONIES THAT WE WERE SUBORDINATED TO
WERE RAISED BY NORTH MIAMI IN THEIR B N ISSUE AND USED TO PAY
BACK THE MONIES THAT WERE RAISED IN 1l61 WHICH AUTOMATICALLY GAVE
US A FIRST POSITION BUT IN TURN FOR THEIR DOING THAT, THEY GOT
BACK SOME TWO OR THREE HUNDRED ACRES FOR THEIR RECREATIONAL AREA,
MAYOR KENNEDY: WELL I THINK WHAT I WANT THIS COMMISSION TO DO
TODAY IS TO TAKE POSITIVE ACTION AS TO WHETHER OR NOT WE GO ALONG
WITH THE FINANCING PLAN THAT WAS SUGGESTED BY KAUSCH OR REFUSE TO
AND ASSERT OUR RIGHTS THAT WE PRESENTLY HAVE.
MR, REESE: You PUT ME IN A VERY VERY BAD POSITION. I WAS FIRED
QNE TIME FOR WHAT DID ON INTERAMA AS ONE OF THE THINGS.
1 RECOMMENDED VERY STRONGLY TO THE COMMISSION THEY NOT BREAK
LOOSE FROM THE TITLE SQ THEY COULD BORROV MONEY ON AND IT WAS
CHARGED LATER ON THAT I WAS OBSTRUCTING INTERAMA.
MRS. GORDON: ARE YOU NOW RECOMMENDING THAT WE DO NOT SUBORDINATE
OUR POSITION?
MR. REESE: I AM NOT RECOMMEN ING THAT. I COULDN'T RECOMMEND THAT.
I THINK VIE ARE OBLIGATED FOR INTERAMA TO HAPPEN AT SOME TIME, SOME
ROW BUT I THINK THERE ARE OTHER WAYS THAT WE COULD BE GUARANTEED,
WE COULD„Bg,QIVEN SOME KIND OF COLLATERAL, SOMETHING TQ BE pRE OF
GETTING 8 1/L MILLION DOLLARS, SOMEWHERE, SOMEHOW AND 1 DON T THINK
THAT HAS BEEN FULLY EXPLORED.
MRS, GORDON: I HAVE ALWAYS UNDERSTOOD THAT WHEN YOU TAKE A MORTGAGE
POSITION , A RISK POSITION, THE MORE THE RISK, THE HIGHER THE RETURN
AND HERE WE ARE GOING TO TAKE A RISK POSITION AND NO ADDITIONAL
RETURN, WE HAVEN T HAD ANY IN THE FIRST PLACE AND WE ARE NOT GOING
TO HAVE ANY IN THE FOURTH.
MAYOR KENNEDY: WELL THE WHOLE PURPOSE OF INTERAMA IS THAT-
MRS. GORDON: I LIKE THE PLAN BY THE WAY, ITS A BEAUTIFUL PLAN.
MAYOR KENNEDY: ITS A SOUTH FLORIDA PROJECT THAT INVOLVES MANY
CITIES AND MANY COUNTIES, ITS SOMETHING THAT WE ON T EXPECT
TO MAKE MONEY ON BUT WE ALSO DON'T WANT TO LOSE 8 1/L MILLION
DOLLARS EITHER, THATS WHY IIS A VERY KNOTTY PRO1}LEM. I AM IN
THE SAME POSITION THAT MR. EESE IS THAT WE I ON T WANT TO HINDER
THIS PROJECT, W WANT IT TO G FORWARD AND THINK WHAT MIGHT BE
VERY GOOD IS IF MR. KEESE AND MR. KOTHSTEIN WOULD BE AT THAT
FETING AND HOPEFULLY EVEN PRIOR TO THAT MEETING TO SIT DOWN WITH
R. ARONOYITZ AND THE KAUSCH PEOPLE TO SAY THAT WE WANT THE
NTERAMA tROJECT TO SUCCEED AND WE ARE NOT GOING TO HOLD IT UP
BUT WE WANT A LITTLE BETTER GUARANTEE AND MAYBE THEY CAN COME
UP WITH SOM SUGGESTIONS AS TO HOW IT CAN BE DONE PRIOR TO THAT
MEETING AT INTERAMA,
yR. REESE: THE PUBLIC HEARING, MR. MAYOR, IS ON THE 25TH, I THINK.
HEY HAVE BEEN SHORING THIS PLAN ARCJND TO THE COUNTY AND FIRST TO
THE GOVERNOR, I GUESS.
MR, ROTHSTEIN: MR. MAYOR, WOULD YOU KNOW IF THE COUNTY ATTORNEY
HAS MADE ANY RULING AS TO WHETHER OR NOT THATS A PROPOSAL17AI
IS LEGAL? 56 --/2
•
MAYOR KENNEDY: I HAVE NO IDEA. I THINK THAT YOU AND MR. REESE
ARE GOING TO HAVE GET TOGETHER WITH THE COUNTY ATTORNEY AND
TOGETHER WITH MR. ARONOVITI, THE ATTORNEY FOR OUR AUTHORITY AND
TRY TO COME UP WITH SOME COMPROMISE,
MRS, GORDON: WHAT KIND OF SECURITY COULD THEY GIVE US?
MAYOR KENNEDY: THATS WHAT I WANT TO FIND OUT WHEN THE LAWYERS
fiET OGETHER.
R. REESE, IF YOU AND MR. ROTHSTEIN WILL ET WITH THE COUNTY
ATTORNEY AND MR. ARONOVITZ, GET WITH THE KAUSCH PEOPLE AND SEE
IF WE CAN
PUBLIC HEARING ON THEH25TH. IF WECCAN TT,PISTHINK WE OUGHT H OUGHTTO
RAISE IT ON THE 25TH, AT THE PUBLIC HEARING. 1 THINK THAT ALL
OF THE MEMBERS OF THE LOMMISSION THAT CAN BE, SHOULD BE AT THAT
MEETING.
77. LEGACY OF PARKS- APPLICATION FOR BAYFRONT PARK
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON
WHO MOVED ITS ADOPTION:
RESOLUTION NO. 43278
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
MAKE AN APPLICATION TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT OF THE FEDERAL
GOVERNMENT FOR A LEGACY OF PARKS OPEN SPACE
LAND GRANT TO ASSIST IN THE ACQUISITI9N AND
DEVELOPMENT OF THE PROPERTY KNOWN AS BAY -
FRONT PARK EXPANSION , SAID LAND TO BE USED
FOR PARK PURPOSES
(HERE FOLLOWS BORY OF RESOLUION, QMITTED HERE AND
ON FILE IN THE ITY CLERKS UFFICE)
UPON BEING SECONDED BY MR, PLUMMER, THg RESO UTION WAS
�ASSED AND ADOPTER BY HEFOLLOWIN VOTE - AYES: F RS. CHRISTIE,
RAHAM, MUMMER, MRS. bORDON AND MAYOR KENNEDY. U��: NONE
78. LEGACY OF PARKS - 14AINWRIOT PARK
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS, GORDON
WI®MOVED ITS ADOPTION:
RESOLUTION NO. 43279
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
MAKE AN APPLICATION TO THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT OF THE FEDERAL GOVERNMENT
FOR A LEGACY OF PARKS OPEN SPACE LAND GRANT TO
ASSIST IN THE ACOUISIT;ON AND DEVELOPMENT OF
THE PROPERTY KNOWN AS 'WAINWRIGHT PARK , SAID
LAND TO BE USED FOR PARK PURPOSES
(ONRFILELINWTHES O�ITYFCLERKSUUFFICE)MITTED HERE AND
UPON BEING SECONDED BY MR. PLUMMER, TH RESO UTION WAS
bASSED A D ADOPTER BYIHE FOLLOWSNGVOTE - AYES: RS. CHRISTIE,
RAHAM, ILUMMER, IRS. ORDON AND MAYOR KENNEDY' U S: NONE
79. LEGACY OF PARKS - DINNER KEY BAYSHORE
THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER
WHO MOVED ITS ADOPTION:
57
2-17-72
RESOLUTION NO, 43280
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE
AN APPLICATION TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT OF THE FEDERAL GOVERNMENT FOR A
LEGACY OF PARKS OPEN SPACE LAND GRANT TO ASSIST
IN THE AC9UISITION AND DEVELOPMENT OF THE PROPERTY
KNOWN AS DINNER KEY BAYSHORE", SAID LAND TO BE
USED FOR PARK PURPOSES
(HERE FOLLOWS BORN/ OF RESOLUTION, OMITTED HERE AND
ON FILE IN THE CITY CLERKS OFFICE)
ASSEDUPA�NIDBADOPTEAR BYEING D1EHED BFOLLOW I [N�9RVOT, - AYn: umT ION SRSWAI.HR I ST I E,
GRAHAM, f�LUMMER, IRS, CORDON AND 1'IAYOR KENNEDY. NOES: NONE
58
2-17-72
80, DISCUSSION OF MUNICIPAL JUDGES - FORMATION OF COMMITTEE
MAYOR KENNEDY: ITS LEGAL TO STAY IN SESSION AND DO TUIS?
MR. ROTHSTEIN: YES SIR.
MAYOR pNNEDY: You HAVE THE RECOMMENDATIONS AS TO THE PROCEDURE TO
FOLLOW,
MR, ROTHSTEIN: YES SIR.
MAYOR KENNEDY: WILL YOU OUTLINE TO THE COMMITTEE AS A WHOLE, NOW,
THE PROCEDURES THAT YOU SUGGEST FOR THIS INVESTIGATION.
MR. ROTHSTEIN: MY RECOMMENDATION z0 YOU IS THAT YOU REQUEST THE
EITY MANAGER PURSUANT TO SECTION 1/ OF THE CHARTER TO APPOINT THE
ITY ATTORN Y OR HIS ASSISTANTS TOGETHER WITH THE ASSISTANCE OF
THE POLICE DEPARTMENT TO PROCEED TO EXAMINE INTO THE CONDUCT OF
THE TWO JUDGES IN QUESTION IN THEIR OFFICIAL CAPACITIES IN ORDERR
TO PREPARE A PLANNED PRESENTATION OF EVIDENCE, WITNESSES, AND
EVERYTHING ELSE NECESSARY IN ORDER FOR YOU TO ACT AS A COMMITTEE
UNDER THE OTHER SECTION OF THE CHARTER. BY FOLLOWING THIS
PROCDURE, YOU WILL NOT THEN HAVE TO SIT THROUGH ALL OF THE TESTIMONY
AND I PRESUME THERE WILL BE HUNDREDS OF WITNESSES AND HEAR IT ALL.
WE WILL BE ABLE TO DO THAT IN ADVANCE AND BRING TO YOU THE MATTERS
THAT ARE SIGNIFICANT FOR YOU TO ACT ON BECAUSE PRESUMABLY ONE OF
THE THINGS WE WILL HAVE TO DO IS GO BACK AND GET INTO ALL CASES.
ALL OF THE CASES THAT THEY HAVE SAT ON, AL OF THE WITNESSES, ALL
OF THE DEFENDANTS, ALL THE BAILBONDSMEN. ITS A MASSIVE PROJECT.
MAYOR KENNEDY' IT WOULDN'T BE JUST CONCERNING WHAT THEY REFUSED
THE WAIVER ON:
MR. ROTHSTEIN: No SIR, YOU CAN'T DO THAT. YOU CAN ACT AS A COMMITTEE
INVESTIGATING THEIR OFFICIAL CONDUCT AS JUDGES.
MAYOR KENNEDY: THE FIRST ITEM, WOULD YOU OUTLINE TO CHANNEL 7 THE
FIRST PROCEDURES TO THEM.
MR, ROTHSTEIN: MY RECOMMENDATIQN IS THAI YOU REQUEST THE CITY
NA ER UNDER HIS POWERSUNDER JECT ON 1/ OF THE LHARTER TO APPOINT
THE CITY ATTORNEY OR HIS ASSISTANT CITY ATTORNEY TO ACT TO E AMINE
THE AFFAIRS OF THE OFFICIAL CONDUCT OF JUDGE LEVENSTEIN AND JUDGE
OBIN IN ORDER TO PREPARE THE MATERIAL WHICH WILL BE PRESENTED TO
¥OU SITTING AS THE INVESTIGATING COMMITTEE UN ER SECTION 14 OF THE
CHARTER WHICH YOU NAVE ALREADY VOTED TO DO, JOGETHER WITH MYSELF
AND THE ASSISTOT CITY ATTORNEY AND TOGETHER WITH THE COOPERATION
OF THE POLICE DEPARTMENT AND THE MANAGER DOES HAVE THAT AUTHORITY,
THAT WILL GIVE US THE POWER OF SUBPOENA AND EVERYTHING ELSE SO THAT
WE CAN EFFECT GO THROUGH EVERYTHING AND BRING TO YOU THE HEART OF
THE PROBLEM, OTHERWISE YOU ALL HAVE TO SIT THROUGH EVERYTHING.
MAYOR KENNEDY: ALL RIGHT AND THEN YOU WILL COME UP BEFORE US WITH
YOUR FINDINGS.
MR. ROTHSTEIN: NO. THEN WHAT I WILL DO IS ADVISE YOU THAT WE ARE
READY TO PRESENT TO YOU THE MATTERS FOR YOUR CONSIDERATION THAT
WE THINK IS APPROPRIATE AND YOU WILL CONVENE THE COMMITTEE AND YOU
WILL TAKE THE TESTIMONY WITH APPROPRIATE WITNESSES, SEE THE
APPROPRIATE EVIDENCE AND MAKE DECISIONS FOR YOURSELF, I WILL MAKE
NO RECOMMENDATIONS AND WILL MAKE NO DECISIONS. WILL ONLY BRING
TO YOU PERTINENT EVIDENCE AND TESTIMONY.
MRS. GOR�ON: YQU WILL BE DOING IT, THE MANAGER WILL BE DOING IT,
AND THE OLICE EPARTMENT?
MR. ROTHSTEIN: NO THE MANAGER HAS THE POWER TO APPOINT US TO DO
IT AND THE POLICE DEPARTMENT WILL COOPERATE WITH US IN THE
INVESTIGATION.
59 2-17-72
•
•
MRS, GORDON: How LONG DO YOU THINK THIS WILL TAKE YOU?
MR. ROTHSTEIN: WELL WITHIN ONE WEEK WE WILL HAVE MATERIAL FOR
YOUR FIRST MEETING. IHATS OUR TARGET. THE OTHER ALTERNATIVE
IS TO SIT YOURSELF IN HERE,
MAYOR KENNEDY: You UNDERSTAND NOW. THE OUTLINE IS THAT THE
CITY MANAGER UNDER HIS POLICE POWER HAS THE RIGHT TO SUBPOENA
WITNESSES.
MR. ROTHSTEIN: HE HAS THE RIGHT TO APPOINT SOMEONE TO CARRY ON
THIS INVESTIGATION AND THE PERSON HE APPOINTS HAS ALL OF THESE
SUBPOENA POWERS AND THE RIGHT TO TAKE TESTIMONY AND SO ON.
MAYOR KENNEDY: AND THAT WILL BE FROM THE POLICE DEPARTMENT?
ROTHSTEIN: YES SIR, THE CITY ATTORNEY'S OFFICE AND THE
FP'OLICE DEPARTMENT.
MAYOR KENNEDY: SO WHOEVER IS APPOINTED BY THE CITY MANAGER PLUS
WHOEVER YOU APPOINT YOU YOURSELF WILL BE THE AGENCY THAT WILL
HEAR THE TESTIMONY.
MR, ROTHSTEIN: THAT WILL CARRY ON THE INVESTIGATION WHICH WILL
LEAD US TO THE PRESENTATION OF TESTIMONY TO YOU SITTING AS THE
COMMITTEE.
MAYOR KENNEDY: IS THAT CLEAR?
MRS. GORDON: MR. REESE, WHAT WAS YOUR ANSWER TO HIS RECOMMENDATION?
MR. REESg: WELL, I JUST RAISED THE QUESTION WITH MR. ROTHSTEIN
AND R. KICE THAT THIS PROCESS WILL IN NO WAY HAMPER THE EOLICE
OPERATION AS FAR AS THEIR ACTIVITIES IN WORKING WITH THE LORIDA
tNFORCEMENT AGENCY ON THE CASES THAT NOW EXIST. UR IN NO WAY
WOULD BRING OUT ANY FINDINGS THAT MIGHT BE NECESSARY TO BE CONFINED
TO THE CRIMINAL SIDE OF THE CASE.
MR. ROTHSTEIN: THIS WILL IN NO WAY, HAMPER THE CRIMINAL ACTIVITY,
THAT IS CORRECT.
MR. REESE: OR DIVULGE ANYTHING THAT THAT SHOULD NOT BE, THAT WOULD
IN TURN, AFFECT THE CRIMINAL SIDE.
MR. ROTHSTEIN:
MRS. GORDON:
No SIR, NO WAY WILL DO THAT.
WITH THAT IN MIND, WILL YOU ANSWER MY QUESTION?
MR. REESE: THAT WAS THE QUESTION IN MY MIND, NOW WHATS YOUR QUESTION?
MRS. GORDON: I ASKED YOU WHAT IS YOUR OPINION OF THIS RECOMMENDATION?
WITH THIS ANSWERTHAT YOU RECEIVED, WHAT IS YOUR OPINION?
MR. REESE: WELL, WITH THIS UNDERSTANDING. I HAVE NO OBJECTIONS TO
GRANTING THIS AUTHORITY TO THE LITY ATTORNEY WHEN THE APPROPRIATE
DOCUMENT IS PREPARED AND SO ON AND I WILL GLADLY SIGN IT AS FAR AS
A DELEGATION IS CONCERNED.
MAYR KENNEDY: THE PROBLEM IS THAT OUR MEETING WILL BE A PUBLIC
MEETING AND THERE MAY BE INFORMATION DIVULGED THAT IS NEEDED IN A
TRIAL. IS IS WHAT MR, KEESE IS WORRIED ABOUT AND IT COULD CONCEIVABLY
RUIN THE STATES CASE.
MR. ROTHSTEIN: THIS IS ONE OF THE REASONS I SUGGESTED THIS PROCEDURE,
BECAUSE IT P EVENTS ANYTHING AND EVERYTHING COMING OUT BEFORE THE OPEN
COMMITTEE, ITS MUCH LIKE THE CONGRESSIONAL COMMITTEE HEARINGS. THE
STAFF PREPARES THE APPROPRIATE PERTINENT MATTERS TO $E BROUGHT BEFORE
THE COMMITTEE AND WE WILL BE ACTING AS YOUR STAFF. IT HAS TO BE DONE
THIS WAY UNDER THE CHARTER.
MRS. GORDON: THIS IS WHAT I WANT CLEAR IN MY MIND. IF THERE ARE
MATTERS THAT YOU SHOULD DISCOVER THAT SHOULD BE AS YOU SAID, RELAYD
TO THE AUTHORITIES AND NOT TO THE COMMITTEE, IS THAT WHAT YOU SAID?
6o 2--17-72
•
MR. ROTHSTEIN: No, THATS NOT WHAT MR. REESE HAD IN MIND.
WHAT MR. KEESE HAD IN MIND WAS THAT OUR INVESTIGATION WOULD NQT IN
ANY WAY ENDANGER THE PRQSECUTINN OF ANY CASE THAT THE STATES ATTORNEY
WOULD BE PROSECUTING, I SAID IT WOULD NOT. You HAVE ALL THE FACTS
BEFORE YOU.
MRS, GORDON: AT A PUBLIC MEETING?
MR. ROTHSTEIN: YES MAAM. THIS WOULD MAKE IT UNNECESSARY FOR YOU
TO SIT THROUGH HOURS AND HOURS HEARING TESTIMONY WHICH MAY NOT E
PERTINENT TO THE PROBLEM OF DISORDERLY CONDUCT OR MALCONDUCT. WHAT
WILL THEN COME TO YOU WILL BE MATERIAL THAT IS PERTINENT TO THE
ISSUE THAT YOU ARE INTERESTED IN.
MR. PLUMMER: MR. MAYOR, MAY I ASK ONE SIMPLE QUESTION, THIS IS
THE ONLY THING THAT WE CAN DO, IS THAT CORRECT. WE EITHER HEAR
IT OURSELVES OR LET YOU HEAR IT AS OUR SUBCOMMITTEE.
MR. ROTHSTEIN: No SIR, HATS NOT WHAT 1 AM SUGGESTING. You ARE
GOING TO HEAR IT. WHAT AM SAYING IS WILL BRING TO YOU THE
PERTINENT INFORMATION. WILL MAKE NO RECOMMENDATIONS. tI WILL
MAKE NO DECISIONS.
MRS. GORDON: HE ASKED YOU F THIS IS THE ONLY THING AND YOU SAID
NO, WHAT IS THE ALTERNATIVE.
MR. ROTHSTEIN: No, HE SAID IS THI$ THE ONLY THING THAT YOU WILL
HEAR IT AND MAKE THE DECISION AND I SAID NO.
MR. PLUMMER: WE WILL HEAR WHAT COMES BEFORE US.
MR. ROTHSTEIN: YES SIR, THATS THE ONLY WAY THAT I CAN PREDETEQMINE
THE INFORMATION FOR YOUR HEARING. IHERE IS NO OTHER WAY THAT 1 CAN
GET INTO THE INVESTIGATION.
MR. CHRISTIE:
MRS. GORDON:
I WILL MOVE THIS PROCEDURE.
WILL YOU LET HIM ANSWER THAT STATEMENT HE STARTED?
MR. ROTHSTEIN: THERE IS NO OTHER WAY I CAN GET INTO THE INVESTIGATION
AND BRING TO YOU ONLY THE PERTINENT MATTERS. ANY OTHER WAY, WOULD
MEAN THAT YOU WOULD HAVE TO SIT FOR DAYS AND DAYS AND HEAR EVERYTHING.
REV. GRAHAM: I CAN'T DO THAT MRS. GORDON.
MAYOR KENNEDY: IS THERE A MOTION? MOTION BY MR. PLUMMER THAT WE
ACCE T THE PROCEDURE AS OUTLINED BY THE LITY ATTORNEY, SECONDED BY
MR. LHRISTIE, CALL THE ROLL.
RESOLUTION NO. 43281
114E/W400E8 PSEPTE
Neal! ke°
( HERE FOLLOWS BODY OF RESQLUTION, OMITTED HERE AND ON
FILE IN THE CITY CLERKS UFFICE)
UPON BEING SECONDED BY MR, CHRI$T , Tr RESOLUTION WAS ASKED
ND ADOPT D BY THE FOLLOWING VO E: HYt5: SSRS. LHRISTIE, (3RAHAM,
PLUMMER, MRS, CORDON AND MAYOR KENNEDY. NO S: NONE
61 2-17-72
•
NOTE: RESOLUtION NO. 45282 INADVERTENTLY NOT ASSIGNED A NUMBER.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFQBE THE
I.9MMISSIQQN THE MEETING WAS ADJOURNED AT
0 CLOCK P.M. THIS DATE,
DAVI�AYbR�NNEDY
EMERN
CITYICO�NIISSIONPOFIMIAMI�FLORIDA
ON THE 17TH DAY OF FEBRUARY, 1972, THE CITY COMMI SIGN OF
ON,
MIAMI,FLORIDA MFT AT IT REGULAR MEETING CHAMAERS AT LITY HALL
IN SAID CITY IN•JPECIAL SESSj,ON CALLED BY THE MAYOR TO CONSIDER
9U INES OF P BI,IC IMPORT. IHE ET NG WAS CALLED TO ORDER AT
:L12 0 CLOCK I.N. Y MAYOR DAVID D. ENNEDY ITH THE OLLOWING
MEMB RS PR SENT: MESSRS. CHRISTIE, RAHAM, MUMMER, MRS. CORDON
AND MAYOR KENNEDY,
RETIREMENT SYSTEM - AMENDING. BENEFIT FOR POLICEMEN AND FIREMEN
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING Ik tlI6MI CITY gMPLQx ESEIT LL SYSTEM (ORDINANCE NO. 1L )) llDECEMBER b, SS AS AMENDED
APPEARING IN CODIFICATION FORM AS A PARTAE CHAPTER 2 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA 1V5/, AMENDING
THE RATE OF BENEFIT FOR GENERAL POLICEMAN AND FIREMEN
MEMBERS OF GROUP 5 OF THE AFORESAID SYSTEM AND SUBSTIT-
iNOFASD CHAPTER !ENASIFOLLX END OF SUB -SECTION H8
AI
A'NEFIREIIEbICE
GROUP 'CLASS INIMUM SERVICE
ETJREME[tT AGE
L
g8
TE OF
ENEFIT
2;55
AND BY PROVIDING THAT SAID BENEFITS SHALL VEST UPON
RETIREMENT AND NOT BE DIMINISHED AFTER RETIREMENT; AND
CONTAINING A SEVERABILITY CLAUSE; DISPENSING WITH THE
REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION
�SSE�7N WAS TAKEN UPAFORGITS SECONDHAND"FINALTREADINGFBYRTITLE
AND ADOPTION.
62
') .17..72 RP
CITY OF MIkMI
DOCUMENT
MEETING DATE:
INDEX FEBRUARY 17, 1972
DOCUMENT IDENTIFICATION
COMMISSION RETRIEVAL
ACTION CODE NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
COMMISSION AGENDA & CITY CLERK REPORT (23 pgs.)
STATE-WIDE COMPETITION - SCULPTURE - MIAMARINA
CREATING CULTURAL DEVELOPMENT COMMITTEE & RE-
COMMENDING CHAIRMAN
QUIT CLAIM DEED - U.S. COAST GUARD AIR STATION
PROPERTY
RESOLUTION OF APPRECIATION - U.S. SENATOR EDWAR)
GURNEY
STREET CLOSURE - S.W. 12 ST. BETWEEN S.W. 3 AVE
& EXPRESSWAY
GRANT WAIVER LANDSCAPING - LOTS 1 & 2, BLK. 12,
500 WEST FLAGLER ST.
CONDITIONAL USE - LOTS 38,39, PORTION BLK. B,
S.W. CORNER S.E. 4 ST. & S.E. 2 AVE.
VARIANCE - LOTS 16, 17, & 18, BLK. 43, 3700
S.W. 3 AVE.
VARIANCE - LOTS 1 THRU 4, E. 12.5', LOT 1, &
ALL LOTS 5 & 6, BLK. 9, 1200 N.W. 7 AVE.
TABULATE & REPORT BIDS - SANITARY SEWER & HIGH-
WAY IMPROVEMENT BONDS
CONDITIONAL USE - LOT 41, 160 N.E. 29 ST.
CONDITIONAL USE - LOTS 5 & 6, BLK. 40, 3225
DARWIN ST.
CONDITIONAL USE - LOT 4 & OUTLOT 4, BLK. 2
1402 BAYSHORE DR.
•
VARIANCE - LOT 4 & OUTLOT 4, BLK. 2, 1402 BAY -
SHORE DR.
CONDITIONAL USE - LOTS 33 THRU 38, BLK. 1, 173!
N.W. 28 ST.
COMMISSION POLICY - ALL OFFICERS & EMPLOYEES
COOPERATE & GIVE TESTIMONY IN INVESTIGATIONS
CITY BUSINESS
COMMISSION POLICY - MODULAR HOME CONSTRUCTION
ACCEPT FUNDS - SANITARY SEWER & HIGHWAY IMPRO-
VEMENT BONDS
PLANNING & ZONING BOARD - REVIEW CENTRAL COM-
MERCIAL C-3 DISTRICT
R-43222
R-43223
R-43224
R-43225
R-43226
R-43227
R-43228
R-43229
R-43230
R-43231
R-43233
R-43234
R-43235
R-43236
DISCUSSION
R-43238
DISCUSSION
R-43240
R-43241
0081
43222
43223
43224
43225
43226
43227
43228
43229
43230
43231
43233
43234
43235
43236
0082
43238
0083
43240
43241
IrMAL',T. t..FY!C._R,AGT..1 --.
DOCU Inl ENT•IN D E X
CONTINUED
ITEM N0.
DOCUMENT IDENTIFICATION
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
PLANNING & ZONING BOARD STUDY - RESIDENTIAL &
COMMERCIAL USEAGE OF LAND
PLANNING & ZONING BOARD - PROPOSED PLAN DEVEL-
OPMENT -PLAZA VENETIA
FEDERAL APPOINTED COORDINATOR - FUNDS AVAILABLE
- COMBATTING DRUG ADDITICTION
APPOINT & ELECT - MUNICIPAL JUDGE - DAN SATIN
CLAIM SETTLEMENT - FRANCISCO BLANCO
ACCEPT HIGHWAY RIGHT OF WAY DEED - N.E. CORNER
S .W. 27 AVE. & SOUTH BAYSHORE DR.
ACCEPT COVENANT - TEMPORARY SANITARY SEWER FORC
MAIN - HESSEN-LAZARE LTD.
CLAIMING FOR PUBLIC USE - STREET AREAS ON N.E.
2 AVE. FROM 35 ST. TO 36 ST.
ACCEPT COVENANT - TEMPORARY SANITARY SEWER FOR-
CE MAIN - SOUTH FLAGLER INVESTMENTS INC.
PARTIAL RELEASE - COVENANT - JEFFERSON REALTY
OF BISCAYNE INC. & RAILWAY CLERKS TITLE HOLDING
CO.
FEDERAL GRANT APPLICATION - NATIONAL CONVENTION
- POLICE RESPONSE PROJECT
ACCEPT BID - JOIST REPAIRS - 1972
ACCEPT BID - STORM DRAINAGE PROJECT A-2
ACCEPT BID - CENTRAL DRAINAGE PROJECT E-25
SELECT CONSULTANT - MANAGEMENT STUDY - MODERN-
IZATION - DEPARTMENT OF POLICE
ACCEPT RECOMMENDATIONS - IMPROVEMENTS & ADJUST
MENTS TO MIAMARINA
Professional Services - New Sound Amplificatio
SYSTEM - ORANGE BOWL
PROVIDING LOCATION - POLLING PLACES
APPOINT & DESIGNATE INSPECTORS & CLERKS -
SPECIAL BOND ELECTION - MARCH 14, 1972
APPOINT & DESIGNATE INSPECTORS & CLERKS - SPE-
CIAL CHARTER AMENDMENT ELECTION - MARCH 14, '7
CIVIL AERONAUTICE BOARD - NONSTOP AIR SERVICE
BETWEEN MIAMI & HOUSTON, TEXAS
CLAIM SETTLEMENT - RICARDO MORAD, SALLY CONNOR
& ARTHUR FRANCES CONNOR
DEFENSE OF POLICE OFFICERS
n
COMMISSION
ACTION
R-43242
R-43243
R-43247
R-43248
R-43249
R-43250
R-43251
R-43252
R-43253
R-43254
R-43255
R-43257
R-43258
R-43259
R-43261
R-43262
R-43264
R-43265
R-43266
R-43267
R-43268
R-43269
R-43270
RETRIEVAL.
CODE
43242
43243
43247
43248
43249
43250
43251
43252
43253
43254
43255
43257
43258
43259
43261
43262
43264
43265
43266
43267
43268
43269
43270
tcON'T NEXT PAGE)
DOCU MENT'I N DEY
ITEM ON
CONTINUcmisp
R lvinAc_
DOCUMENT IDENTIFICATION ACTION CODE N0,___
44. Disseminating Information to Public - Parks &
RECREATIONAL BOND ISSUE
45.
46.
47.
48.
PAYMENT APPRAISAL FEE - S.Z. BENNETT - BAYFORNT
PROPERTIES
ACQUISITION OF LAND GRANT - BICENTENNIAL PARK
AGREEMENT - USE STUDY - FEDERAL INTERSTAE I-95
ACQUISITION OF LAND GRANT - BAYFRONT PARK EXPAN-
SION
49. ACQUISITION OF LAND GRANT - WAINWRIGHT PARK
50.
51.
52.
ACCQUISITION OF LAND GRANT - DINNER KEY-BAYSHORE
EXAMINE CONDUCT OF MUNICIPAL COURT JUDGES
LEGACY PARKS OPEN SPACE LAND GRANT - BICENTENNI-
AL PARK
R-43272
R-43273
R-43274
R-43275
R-43278
R-43279
R-43280
R-43281
R-43282
43272
43273
43274
43275
43278
43279
43280
43281
43282