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CC 1976-06-09 Minutes
ITY OF MIAMII OF MEETING HELD ON ISSION T JUNE 9, 1976 PREPARED BY THE OFFICE OF OITY THEALLE C!TY CLERK H. D. SOUTHERN CITY CLERK RALPH G, ONGIE ASSISTANT CITY CLERK 41 1 IBEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT RESOLUTIONNo, PAGE NO, A' "18411- k 1. AMEND 6871 - 1,RTICLE II, DEFINITIONS Sec. 2 Usable Open Space 93-A 2. AMEND 6871 - SEC. 1 SUBSECTION 16- Sale and incidental servicing of RADIO, TELEVISION, I'HONO GRAPHIC AND HOME APPLIANCES 3. AMEND 6871 - ART XXV, ;SEC 1-PARA. 138 and ii 13 8 A Modifications to Zoned Street width for Federal highway 4. AMD. CHAPTER 17 fF THE CODE - FIRE PROTECT.IOr Fees and charcles for services, reports, photographs, etc, permits, explosive demo- lition of structures, manufacture, sale and r discharge of fireworks 5. AMD. CIVIL SEPTCE RULE: AND REGULATIONS Rule VIII - sec i. Change in certification •Yselection toi uoi tion of Police Officer 6. ENTER I:'To 1GRi;' TENT Florida Depdrt:Went �f Education "SUMMER LUNCH Pt?OGPI:M" 7. ENTER � l AGREEMENT MENT Metropolitan Dads: County "MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES" 8. 44, 9. 10 . 11. 12. 13. 14. 15. 16. PRESENTATIONS, PROCLAMATIONS, PLAQUES, SPECIAL ITEMS "TOYS FOR TOTS" CAMPAIGN Waive rental fee Bayfroni: Park Auditorium PERSONAL APPEARANCE - Nora Swan 'Director of the Arts - DISCUSSION WAIVE FEES - 3ANDSIIELL F3ayfront Park Bicentennial Event PARADE DISCUSSION- "HISPANIC HERITAGE WEEK" LATIN AMMERICAN INTERNATIONAL CHAMBER OF COMMERCE City to assist if for municipal purpose Postpone DEDICATION of new POLICE BUILDING Retirement of JOHN LLOYD, CITY ATTORNEY Outline procedures for selection of a new City Attorney Appoint persons to serve on committee Open Sealed Bids - FLAGLER STREET HIGHWAY IMPROVEMENT H-4372 and H-4391 ORD. 8554 ORD. 8555 ORD. 8556 ORD. 8557 ORD. 8558 R76-547 R76-548 M76-549 M76-550 M76-551 M76-552 M76-553 M76-554 M76-555 R76-556 1 4 4 4 5 5=6 7=8 8 8=11 11 12=15 16 ITO 111DGX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT 17. Change date of COMMISSION MEETING to JULY 1 18. OFF-STREET PARKING - Annual Budget 19. METER MAID LEGISLATION COUNTY FINE STRUCTURE FOR VIOLATIONS 20. GUSMAN HALL - Budget 21. ALLOCATE $10,588 CAPITAL IMPROVEMENT FUND Proposed improvements to OLYMPIA BUILDING 22. 23. 24. 25. 26. 27. 29. 30. 31. 32. 33. 34. 35. AMEND ORD. 6871 - Change Zoning Classific- ation NE'LY 99.50' Lot 9, D, B, "D" 3495 Main Highway Coconut Grove Planned Area Development (PAD) as above Request for closure and vacation of STREET Woodlawn Park Cemetary Gardens Section B Community Development -SOCIAL SERVICE PROGRAMS Accept completed work PARKS -SHELTERS & COMFORT STATIONS 1975 Accept completed work DRAINAGE PROJECT A-5 Cancel Covenant- FLOYDS GROVES ESTATES 3rd Addition Waive rental fees- BAYFRONT PARK AUDITORIUM "ANNUAL POLICEMENS BALL" Miami Community P.B.A. Waive rental fees,- MARINE STADITJM 'GREATER MIAMI. PHILHIARMONIC SOCIETY INC." AWARD BID - DATA BASE MANAGEMENT SYSTEM AWARD BID - CENTRAL DRAINAGE PROJECT E-37 URGE METRO TO ORDER "911" SERVICE FROM Southern Bell (Confirming Resolution) Recognize plan of Mrs. Lewis Rosensteil BICENTENNIAL PILGR MAGE (Confirming resolution; Feasibility study - WATSON PARK FOWLER, ETTINGER, POTTER AND HART (Confirming resolution) Waive payment of costs incurred by CITY "GOLDEN GLOVES TOURNAMENT - 1976" ORDINANCE OR RESOLUTION NO. PAGE NO. M76-557 FIRST READIN DISCUSSION ITEMS FIRST READING R76-558 FIRST READING R76-559 DEFERRED M76-560 M76-561 R76-562 R76-563 R76-564 R76-565 R76-566 R76-567 R76-568 R76-569 R76-570 R76-571 R76-572 16 17=19 20 20=23 23 23=33 33=40 40=41 41 41=42 42 42 43 43 44 44 45 45 46 i IOU MINUTES OF REGULAR MEETING CITY COMMISSION OF MfAMI, FLORIDA ITEM NO. SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO, 36. 37. 38. 39. 40. 41. 42. 43. 45. 46. 47. 48. 49. 50. 51. Nominate COMMISSIONER J. L. PLUMMER to Board of Directors "GREATER MIAMI TRAFFIC ASSOCIATION" (Confirming Resolution) Change date of COMMISSION MEETING JUNE 17th (Confirming Resolution) Appoint REYNA PADILLA to "YOUTH ADVISORY BOARD" Deny change of zoning for properties adjacent to BISCAYNE BAY from OSCEOLA CANAL to but not including Marcy Hospital Director of Finance to pay fees and costs - John R. Farrell, P.A. attorney for owner of parcel 7095.3 condemnation action(FASHIK) for "AFRICAN SQUARE" Director of Finance to pay fees and costs - John R. Farrell, P.A.-atty.-condemnation action CITY VS. PATTERSON ET.AL. Change date of COMMISSION MEETING-JULY 1 (Confirming resolution) Authorize and direct City Manager: Negotiate change of date M:A'II STADIUM with user to accomodate another user for revenue producing "ROCK CONCERT" Establish policy of the City Commission: If fees are waived for use of any city owne facility, user shall be advised use is contingent on possible change of date withi a period of 2 weeks AWARD BID - Cater`.ing service of food 3-Day Care Centers in 3 City Parks AUTHORIZE INCREASE IN SCOPE OF WORK MIAMI MODERN POLICE HEADQUARTERS BUILDING $30,000 from incidental account BUDGET PREPARATION Discussion of possible Liasion appointment with persons planning new stadium vicinity of Palmetto Expressway GENERAL OBLIGATION BOND ISSUE Attorney R. SILVER proposed trip to San Francisco in connection with a RETIREMENT BOARD SEMINAR Status Report- BAYFRONT PARK $1,000,000 Phase R76-573 R76-574 R76-575 R76-576 R76-577 R76-578 R76-579 M76-580 46 47 47 47=48 48 48=49 49 49=50 M76-581 50=51 R76-582 - 52 R76-583 53 DISCUSSION 53 DISCUSSION 53=54 DISCUSSION 55-57 DISCUSSION 57=59 DISCUSSION 59 41 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION N0, ITEM NO SUBJECT 52. AUTHORIZE CITY MANAGER TO APPLY FOR FEDERAL GRANT - "SISTER CITY PROGRAM" 53. 54. 55. 56. 57. 58. 41110 59. REPEAL CHAPTER 50 OF THE CODE "SHIPPING; VESSELS & DOCKS" and enacting new CHAPTER 50, BOATS, DOCKS, MOORINGS etc. Proposed Agreement- UNIVERSITY OF MIAMI & CITY OF MIAMI for construction of com- bined facilities: CITY OF MIAMI CONVENTION CENTER/ UNIVERSITY OF MIAMI CONFERENCE CENTER PERSONAL APPEARANCE- Representatives of the UNIVERSITY OF CHICAGO for discussion of ENTRANCE EXAMINATION procedures administered by the U of C. AMEND CHAPTER 2 OF THE CODE Provide that present members of the RETIREMENT PLAN who were LABORERS, WATCHMEN, CUSTODIAL WORKERS between April, 1, 1955 and September 30, 1962 may buy back creditable service AMEND CHAPTER 2 of the CODE Provide for members who become POLICEMEN and FIREMEN shall automatically become members of the RETIREMENT SYSTEM and provide method of computing benefits PERSONAL APPEARANCE - FRANK WILLIAMS, President of G.E.A. Statement regarding positions being filled by LIFEGUARDS AND CASHIERS Waive fees for use of ROBERT KING HIGH PARK Boy Scouts of America -South Fla. Council M76-584 FIRST READING PAGE NO, 60 60=64 M 76-585 M 76-586 M 76-587 M 76-588 M 76-589-590 64-86 M 76-591 DISCUSSION and DEFERRAL to JUNE 17th FIRST READING DISCUSSION M76-592 87-119 120 121-122 122-123 124 MINUTES OF REGULAR MEETFIG OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON THE 9TH DAY OF DUNE, 1976, THE CITY COMMISSION OF MIAMI, D 5OU 'ANMAMERICANSDRIVE, MIAMI, IPLACE FLORIDA FLORIDAINNREGULARTSEHSSION. THE MEETING WAS CALLED TO ORDER AT 9:04 O'CLOCK A.M. BY LIYOR MAURICE A. ERRE WITH THE FOLLOWING MEMBERS OF THE IOMMISSION FOUN4Q TO BE PRESENT: UOMMISSIONE9 MANOLO FEBOSO COMMISSIONE13 J. rLUMMER, JR. COMMISSIONE (REV ) TH'�ODORE GIBSON VICE-IAYOR !OSE (JORDON ABSENT: ALSO PRESENT: `'1AUR I CE A, FERRE P. i. ANDREWS, CITY MANAGER A. P. CROUCH ASSISIANT CITY MANAGER JOHN . LLOYD, UITY ATTORNEY RALPH G . NG I E, ASSISTANT (ATV CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY. 1, AMEND�7k ARTICLE II, DEFINITIONS, SECTION 2-USABLE OPEN SPACE( 5- i AN ORDINANCE ENTITLED- ANV ORDINANCE MENDING THE CITY OF MIAMI COMPREHEN- SIVE ZONING ORDINANCE NO. 6871+ ARTICLE II+ DEFI- NITIONS+ SECTION 2+ BY DELETING SUBSECTION (93-A) USABLE OPEN SPACE IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SUBSECTION (93-A) USABLE OPEN SPACE; REPEALING ALL ORDINANCES+ CODE SECT- IONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of May 13+ was taken up for its second and final reading by title and adoption. On motion of Com- missioner Plummer+ seconded by Commissioner reboso+ the ordinance was thereupon given its second and final reading by title and Passed and adopted by the following vote - AYES: Mr. Plummer+ Mr. Reboso+ Rev. Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. THE ORB-R -E WAS DC- I G1 ORR+P ONSE NO7 8554. The City Attorney read the ordinance into the Public record and announced that copies were available to the members of the City Commis- sion and to the Public. 1 JUN • 9 1976 41 0, 2 , 6871, T XII, SECTION 1,SUBSECTION (16) - SALE AND INCIDENTALPH tVICING OF iADIO, TELEVISION, P oNOGRq IC AND HOME APPLIANCES AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN- SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY DELETING SUBSECTION (16) OF SECTION 1 OF ARTICLE XII, LOCAL COM- MERCIAL C-1 DISTRICT, AND SUBSTITUTING IN LIEU THEREOF A NEW SUBSECTION 06) PROVIDING FOR THE SALE AND INCIDEN- TAL SERVICING OF RADIO, TELEVISION, PHONOGRAPHIC AND HOME APPLIANCES, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CCNFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of May 13, 1976, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer , seconded by Commissioner Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Mr. Reboso, Mr. Plummer, Rev. Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8555. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 3, i 4 6871, ARTICLE XXV SECTION 1 PARAGRAPH C 33) AND (138-A), 411,IFICATIONS TO ZONED JTREET WIDTH FOR t'EDERAL HIGHWAY, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN- SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XXV, SECTION 1, BY DELETING PARAGRAPH (138) AND SUBSTITUTING IN LIEU THEREOF PARAGRAPHS (138) AND (138-A) PROVIDING MODIFICATIONS TO THE ZONED STREET WIDTH FOR FEDERAL HIGH- WAY, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of May 13, 1976, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer , seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Mr. Plumper, Rev. Gibson, Mr. Reboso and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8556. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 2 JUN 1971. 4e AMEND CHAPTER OF THE CODE, "FIRE PROTECTIONi EES & CHARGES FOR SERVICES, RECORDS, REPORTS, PHOTOGRAPHS, ETC,; PERMITS - EX LOSIVE DEMOLITION OF STRUCTURES, MANUFACTURE, SALE & DISCHARGE OF FIREWORKS. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 1.7, FIRE PROTECTION", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ESTAB- LISHING NEW FEES FOR FIRE SERVICES; FURTHER AMEND- ING SECTION 17-5, ENTITLE) "CHARGES FOR WATER USED SOLELY IN FIRE PROTECTION, SPRINKLER, ETC., SYSTEMS", BY ADDING A NEW SIB -SECTION ;b), PROVIDING FOR AN INSPECTION FEE FOR A FIRE FIOW TEST', AND BY ADDING A NEW SUB -SECTION (c), PROVIDING FOR A FEE FOR STAND- PIPE PRESSURE TESTS; FURTHER AMENDING SECTION 17-30, ENTITLED "FIRE RECORDS, REPORTS AND PHOTOGRAPHS", SUB -SECTIONS (b) AND (c); FURTHER AMENDING SECTION 17-109, ENTITLED "PERMITS AND FEES", SUB -SECTIONS (a) AND (b), PROVIDING FOR A FEE AND PERMIT FOR PRECIS- ION EXPLOSIVE DEMOLITION OF STRUCTURES; FURTHER AMEND- ING SECTION 17-112, ENTITLED "MANUFACTURE, SALE AND DISCHARGE OF FIREWORKS", SUB -SECTION (b), PROVIDING FOR THE COST OF A PERMIT FEE; FURTHER AMENDING SECT- ION 17-156, ENTITLED "PERMITS REQUIRED AND COST OF SAME; INSPECTION" SUB -SECTION (d); FURTHER AMENDING SECTION 17-326, ENTITLED "PERMIT REQUIRED", SUB- SECTIONS (a) AND (b), PROVIDING FOR THE COST OF PIR- MIT FEES; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of May 13, 1976, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plunsner , seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Reboso, Mr. Plummer and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8557. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 5, AMEND CIVIL SERVICE RULES & REGU TIONS RULE VIII, SECTION 3 - L YFIC� Q: TH LERTIFICATION AND SELECTION FOR THE POSITION OF POL�R. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING RULE VIII, SECTION 3, OF THE CIVIL SERVICE RULES AND REGULATIONS CF THE CITY OF MIAMI, EFFECTIVE DECEMBER 15, 1961, AS AMENDED, TO PROVIDE FOR A CHANGE IN THE CERTIFICATION AND SEL- ECTION FOR THE POSITION OF POLICE OFFICER; REPEAL- ING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of May 13, 1976, was taken up for its second and final reading by title and adoption. On notion of Commissioner Plummer , seconded by Commissioner Reboso, the ordinance was thereupon given its second and final reading by title :Inc! passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8558. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 3 JUN • 9 194 FLORIDA DEPARTMENT t1' EDUCATION ENTER INTO AGREEMENT SUMMER LUNCH PROGRAM The following resolutior was introduced by Commissioner Pltnntheti Who moved its adoption: RESOL(T1UN NO. 76-547 A RESOLUTION AUTHORIZINU TEE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE FLORICA DEPARTMENT OF EDUCATION, FOOD AND NUTRITION MANAGEMENT TO IMPLEMENT A FREE SUMMER LUNCH PROGRAM IN -CITY OWNED PRCGRAMS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, .Jr. Vice -Mayor Rose Gordon NOES: None. ABSENT: MAYOR FERRE. I`!ETROPOLITAN DADE COUNTY %, ENTER INTO AGREEMENT„MADADE NPOWER PLANNING CONSORTIUM OF ''� MONROE COl I ES The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-548 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH METROPOLITAN DADE COUNTY THROUGH THE MANPOWER PLANNING CONSORTIUM OF DADE AND MOVROE COUNTIES, AMENDING THE AGREEMENT APPROVED BY CITY OF MIAMI RESOLUTION NO. 76-150, BY INCREASING THE TOTAL AMOUNT OF THE CURRENT CONTRACT TO $1,212,553 AND EXTEND- ING THE TIME OF PERFORMANCE TO SEPTEMBER 30, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Rebos) Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plumme^, Jr. Vice -Mayor Rose Gordon NOES: None. ABSENT: Mayor Ferre. 8, PRESENTATIONS/ PROCLAMATIONS, PLAQUES/ SPECIAL ITEMS A. Presentation of RIcentennial Oe~ti`.'.cate of Appreciation to "rs. lilnor R. Boone, for her contribu:ion of a program to spread knowledge about the flag. B. Presentation of Dia de la ';ancion Cobana proclamation to Mr. Ricardo Ferreira. C. Presentation of Certific.to to the City of Miami by Capt. John Shields, Marine Corps, for the help the city ra•;e in regards to the Toys -for -Tots campaign. SUN 9. TOYS FOR TOTS CAMPAIGN WAIVE RENTAL FEEOR USE OF BAYFRONT PARK AUDITORIUM FOR FUTURE EVENT AND ACCEPT PRESENTATION FROM MARINE CORPS'. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-549 A MOTION EXPRESSING INTENT OF THE CITY COMMISSION THAT THE UNITED STATES MARINE CORPS NEXT "'TOYS FOR TOTS" CAMPAIGN BE HELD IN BAYFRONT PARK AUDITORIUM AND THAT FEES FOR THE USE THEREOF BE WAIVED. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner. Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. PERSONAL APPEARANCE DISCUSSION OF DIRECTORSHIP OF THE ARTS 10, NORA SWAN REFERRED TO THE CITY MANAGER um. Nora Swan: I Fouls liSs1 to urge you to cocsider the establishment of a directorship for the arts. I know you are concerned with crime, transportation budget balancing, day care centers, housing and all the other problems that con- fronts every city but art must be an integral part of city planning in making Miami a place where people want to live for only a city can provide its residents with a variety of cultural and recreational experiences. And the general public has consistently expressed support for the arts and are even willing to pay for them for the arts can have a very enriching impact on Miami and their families and provide a wide range of opportunities for self-expression and enjoyment. Funding would be no problem. As a matter of fact, we are losing thousands of dollars that could be derived from federal grants, C.E.T.A. funds, private and business sector and, of course, it is well known fact that tourists are attracted to places that can offer cultural stimulation. The Metropolitan Museum of Art is the number one tourist attraction in New York City. In the past year and a half the ground work has been laid in creating a climate that would be favorable to cultural growth towards Miami's becoming the cultural center of the Americas. I would like to see Miami take advantage of all that has been done and begin to flourish as a cultural center. It is up to us. The Age of Pericles did not produce the golden age of arts in Greece by accident. It was carefully planned to create a climate that would nourish and stimulate the creative spark to ex- plode into the greatest expression of the arts the world has even seen. Miami already has many projects in motion and some in the planning stages. The one and a half percent art ordinance for public buildings, Gusman Hall for the per- forming arts, the Cultural Center at the Riverside Baptist Church, the Convent- ion Hall, Dinner Key, the Miami Folk Festival, the proposed center for the per- forming and visual arts at Watson Island, a historical museum on the U.S.S. Missouri and art museum - we can make Miami a center in the Americas for contemp- orary arts to give local and hemispheric artists exposure and encouragement to make the arts a part of our young people's lives, to use local people as commun- ity resources, to develop a cultural exchange program of Latin America, to estab- lish an International APt Show for the Americas and artists -in -residence demon- strations and exhibits. And most of all, we can open up a world of beauty and grandeur to all children and young people, an alternative to crime and ugliness and the revelation to the heights to which man can aspire. I hope that you can consider in your budget a place for the arts. Mayor Ferre: Nora, let me begin off by saying that I as one person on this com- mission wholeheartedly subscribe to the idea that the City of Miami cannot be concerned just with sewers in the streets and fire and police protection and day- care centers and auditoriums as important as all those thigns are. I was just reading Wess Ullman's statement, the very distinguished and capable Mayor of Seattle, and I've noticed in several Mayor's Conferences that there are cities that spend substantial amounts of money in art. I saw that the City of Seattle which is not really much larger than the City of Miami spent $350,000 a year out of the city's budget for art purposes. Now obviously we cannot do that at this time but I do think that with the formation of the Miami Fine Arts Council, the Miami -Dade Cultural Arts Council and with the emphasis that we've had with the parks and the capable job that is being done in the Community Affiars by Mr. 5 SUN - 91976 i Parkins and Mr. Hernandez-Lizaso and others within the city structure; that I think it would be appropriate for some kind of a coordinating approach so that we can get citizens, it isn't just staff in the city, we've got to do something to get the people of Miami and I mean all kinds of people all races, all creeds, all colors all walks of life involved. You know like he says, they have poetry con- tests in the ghetto areas in Seattle and these kids write poems on the walls. That is the kind of stuff we've got to get the people around here mctivated. Art is a living thing, it isn't something that you just go and see somebod 's paint- ing that somebody painted 500 years ago. It is something that we've got to make it become a part of our daily lives. So somehow, Mr. Andrews, I think what we ought to do here, Rose, instead of taking a definitive step today, I think what we ought to do in my opinion is that the commission ought to go on record that we want to do something in this budget year. Mrs. Gordon: I want to speak to that. I want to reenforce what you've said because I really feel that the city has been searching for some kind of a coordin- ation in this direction and has evidenced itself in the past five years with the Internati.ona.l Folk Festival with the enthusiasm in the part you've played, Nora, that brought the arts vividly into that annual festival. People are hungry for mre opportunities to get to know etch other better and to exchange and interchange ideas on their cultures and their lackgrounds, etc. which is what I know you will be doing and what you have in mind to do and I only want to say this also since the Mayor said as important as day care centers, I think this is a part of the day care center program. I think with you coordinating programs, Mr. Mayor, I think that the day care center programs can bring art to the young, the very young, the ones that are most influenced by this approach and I wholeheartedly endorse it and I would be willing to go forward whenever the rest of the commission is ready to go forward and find a suitable spot that you can operate from. I know that you are operating in very crauped quarters upstairs now. And Mr. Mayor, I would ask you if you would consider that within the confines of the old police station, I hate to refer to it that's going to be the new cultural building or something of that sort. There will be many uses involved there, that we find a suitable area for this operation. Mayor Ferre: I think that's good and I would support that. I would say the way to do it is this, to make a motion instructing the Manager that he come hack before the finalizing of his preliminary budget with a proposal as to how to create the space, the staff and the necessary follow up so that we can begin with an effect- ive art program within the City of Miami. Mrs. Gordon: On all levels from pre-school to the senior adult programs. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOi ION NO. 76-550 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO STUDY THE FEASIBILITY OF THE CREATION OF A PROGRAM FOR THE ARTS OF THE CITY OF MIAMI INCLUDING PROVIDING STAFF AND OFFICE SPACE TO PROVIDE ART PROGRAMS AT THE PRE-SCHOCL AND ADULT LEVEL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor ,lose Gordon Mayor 4aur1ce A. Ferre NOES: None. Mayor Ferre: Thank you, Nora. Ms. Swan: Thank you, I just want to say that because of the Bicentennial being involved I have seen how many people keep calling and they do want so much for the city to move in this direction. JUN • 91916 3 11, WAIVE FEES FOR USE OF BANDSHELL FOR BICENTENNIAL EVENT JULY 1976 Ms. Swan: We have a major program planned for the 4th of July and the only thing that I want to bring up... Mayor Ferre: We have the memorandum. Ms. Swan: We have a guided missile destroyer that's coming in and there are cer- tain things that have to be done... Mayor Ferre: Nora, that's all in the memorandum. Ms. Swan: As far as money, we need a little funding and I didn't know whether to use this from the funds that had already been allotted to the... Mayor Ferre: How much do you have allotted now? Ms. Swan: We had $5,000 allotted and we have about $4,000 left. Mayor Ferre: Mr. Andrews? They had $5,000 allotted of which they have $4,000 left. Now how was that done? Ms. Swan: And we have expenses probably that would come up to about $1,500. Mayor Ferre: Well, my question is this: How much money, you're talking about Bicentennial functions, how much money do you actually need? Ms. Swan: About $1,500. Mayor Ferre: And you've got $4,000 allocated. So is there any Problems with that? Where does the $4,000 come from? Ms. Swan: That was allocated for Bicentennial use. Mrs. Gordon: Well, they haven't used it so why not use it when they need it which is the 4th of July? Mr. Andrews: I'm not sure that I understand what the additional $1,500.... Mayor Ferre: It's not additional. As I understand what she's said.... Mr. Andrews: $4,000 has already been appropriated. Mayor Ferre: No, sir, it's the other way around. Just listen for a second, and correct me if I'm wrong. There was $5,000 appropriated, there remains $4,000 that has not been used. They want to use $1,500 of the $4,000 for 4th of July celebration functions and I have no objections. Mr. Andrews: I have none either. Mayor Ferre: And I would just be very grateful if you would coordinate it through the administration and make sure that we don't... Mr. Andrews: I want to find out what the purpose of the original $5,000 was for in relation to the way they want to use it. Mayor Ferre: Mr. Andrews, the problem is you're very busy. Who can she deal with in staff? Mr. Andrews: I'll assign her to someone. Mayor Ferre: Would you follow up on that. Ms. Swan: Yes, I've been working with Mr. Cliff Hays. Thank you so much. JUN • 91916 1 Mt, Andrews: Mr. Mayor, before Nora Swan leaves, there Is one motion of intent that you need to pass waiving the fee for the use of the bnndshell on July 3rd. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-551 A MOTION OF INTENT TO WAIVE FEES FOR USE OF THE BANDSHELL IN BAYFRONT PARK ON JULY 3, 1976 FOR A CITY OF MIAMI BICEN- TENNIAL CELEBRATION; PROVIDING FUNDS FOR COST OF PAYING UNION STAGEHANDS, GRANTING PERMISSION FOR SALE OF FOOD AND BEVERAGES IN CITY PARKS DURING CITY OF MIAMI SPONSORED BICENTENNIAL EVENTS; REQUESTING THE CITY MANAGER TO AUTHOR- IZE CITY DEPARTMENTS TO SUPPLY INKIND SEPVICES AND PERSONNEL FOR JULY 3 AND 4 BICENTENNIAL EVENTS. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose_ Gordon Mayor Maurice A. Ferre NOES: None. 12, PARADE DISCUSSION IN CONNECTION WITH HISPANIC HERITAGE WEEK Mayor Ferre: On October 17th, nr. 7ega here is on behalf of ?;TAB radio station and the organizing committee that wants to have a parade on the 17th day of October which is part of Hispanic Week as I understand it. The purpose is that it would be a parade to emphasize the Hispanic Heritage of many people that live in the Miami area and he wants the city's cooperation. I realize it's a county, Hispanic Week is a county function but they've come to us for help. Do you want to say something, Mr. Andrews? Mr. Andrews: Well the first thing that they should really do at this stage before they organize themselves too far. The city has an ordinance which they must go to the Police Department to get a parade permit. After they have the permit then whatever additional assistance is needed it should be I think outlined in a letter so that there is no misunderstanding. We have always tried to admin- istratively tried to assist these people that participate in parades in whatever we can do. If it gets beyond our inhouse ehlp and requires dollars then it comes to the coluzaission. Mayor Ferre: Mr. Vega, if you would write a letter to Mr. Andrews, the City Manager... for a permit for a parade on the 17th of October. Would you give him a card, Paul? Thank you very much. LATIN AMERICAN CHAMBER OF LOMMERCE 13, INTERNATION CONFERENCE IN 'iIAMI-ASSIST IF FOR MUNICIPAL PURPOSE Mayor Ferre: We have .,,i th os Mr. Evelio Loy who hag ' O" " ' ycPntionaly fine job of coordinating the Meeting of the Inter -American Banks that are going to be meeting in the Miami area between the 28th and the 31st of July. Mr. Evelio Ley: Mr. Mayor and commissioners, on December 1975 T appeared before this honorable Commission of the City of Miami to inform at that time of a first coming project. Ps a matter of fact, it was part of a result of the Bicentennial treatment of the City of Miami. This project is the Inter -American Bankers Con- vention which is a joint. meeting between Latin American bankers and Merida bankers. The project received your endorsement and pledge of support. Now the project is a reality. We have already over 100 confirmations of Latin American Bankers from top management levels plus their wives. We are expecting according to the Latin American Federation of Banks who is the co -sponsoring institution to increase this figure of more than 1.50 more percent. Today 1 would like to concrete the participation and support from the City of Miami with the following proposal. First, we'd like to have the honor of having a group of commissioners invited and attend most of the official events that we'll be having from the 28th to the 31st. Secondly, we would like to see the City Commissioners jointly with the Economic Development Department ... suggest something of the City of Miami JUN - 9197E - • • 11/ and the Tourist and Information Department could underwrite a lunch and present to the conventioneers what the City of Miami can offer to the Latin American tourists and businessmen. The other proposal is that the City of Miami could provide us with the necessary security service or police protection for the conventioneers during those days. Mayor Ferre: Alright, let me me ask you this+ so we can get this clear. How many people are you bringing in for this meeting? Mr. Ley: Bankers, we are expecting to have about 300, Mr. Mayor. Mayor Ferre: Three hundred bankers? Mr. Ley: Bankers, without their wives. Their wives will be having a separate function. Mayor Ferre: Now how many of those bankers are coming in from out of the country for this meeting? Mr. Ley: Out of the country, that is the figure we are expecting. We got con- firmation already for 100 bankers at this time. Mayor Ferre: That are coming in from out of the country. Mr. Ley: From out of the country, from all Latin America. They're coming from Columbia, Mexico, Venezuela, Ecuador, even Argentina and Chile and some from Brazil. Mayor Ferre: Well, I think this is obviously an important thing, Paul, and if we're going to end up being, we pretend to be a commercial trade center in the future these are the types of activities that we've got to sponsor, fertilize and push along. Mrs. Gordon: Where is it being held, Mr. Mayor? At the Sonesta Beach, is the county supporting it also? Mr. Ley: The county is providing us with the Vizcaya Palace free, it was waivered completely for a big reception on Wednesday the 28th and the county is supporting us also with all the bus services except the transportation from the airport to the hotel because of some kind of complications. They are giving us the buses. Mayor Ferre: You see, the problem is that this thing is not being housed in the City of Miami so it creates a problem for us. But you're having meetings as I recall. Are they all going to be over at Key Biscayne, all of the meetings? Mr. Ley: The reception is going to be here at Vizcaya Palace. Mayor Ferre: You're going to have a reception at Vizcaya. Mrs. Gordon: Yes, the county is giving it. Mr. Andrews: Mr. Mayor, so that the record doesn't reflect that the administrat- ion was silent while this was going on, as the City Manager and the administrat- ion, I wholeheartedly support these kind of programs and I think your observation is a very accurate one. It is extremely important to the community that we be- came involved in this and be co-sponsor to some of these events and enlarge the economic base of the city. But because of the way our laws are constructed with reference to the expenditure of funds certain things have to take place that are inside the City of Miami. They have to demonstrate to us, and maybe that's the vehicle, that there is a direct affect upon the City of Miami as a result of hav- ing this somewhere in our community. If they can demonstrate that clearly.... Mrs. Gordon: Have some of the events at the Miamarina. Mayor Ferre: Let me ask you this. The thing in Vizcaya, is that where the recept- ion is going to be? Mr. Ley: The reception is going to be in Vizcaya but I would like to explain in a couple of minutes that the meeting is going to be at the Sonesta Beach Hotel because we need a hotel... But most of those bankers will be buying, will be staying all the time in the City of Miami. As a matter of fact, Burdines of Florida is entertaining the wives of those bankers. Mr. Lloyd: Mr. Mayor, I would like to have the Law Department along with Mr. Andrews have the opportunity to examine this because we are faced with a Supreme 9 JUN - 9 1976 Court dectsion which o u ltnes very definitely the perime ers under which munici- ple funds may be expended. And it has got to he for a primary municiple purpose not merely an incidental benefit. So we have to know all of the particulars specifically so that we can make a determin,ntion that this is for, as defined by the Supreme Court, a primary municiple purpose. And what I have heard so far, we haven't reached that yet. ... Mayor Ferre: We have a legal constraint, Mr. Ley, we want to help but we have a legal constraint. So 1. think the thing to do is pass a resolution of intent that we will like to help if at all legally possible and if the administration can fig- ure out a way; that it is the will of the commission that we help because we know that this is important. Mrs. Gordon: What was the request of us please, Evelio, explain what you wanted from us. Mayor Ferre: He wants us to pay for a luncheon. Mr. Ley: Right, a luncheon. Mrs. Gordon: Ok, then we have to consider the location of the luncheon be in the City of Miami. Mr. Ley: The luncheon can be place. Mr. Andrews: That does not constitute a municiple purpose, just to have a lunch- eon... I'll get together them... Mayor Ferre: Well Paul, the municiple.... Let me tell you what the municiple purpose, I'm going to give you the municiple purpose. Alright? And you think about this. Miami, the City of Miami must do something to become the financial center of this region of the world. Lightening is not going to strike us. Now we've got to go out of our way to entice people like bankers to come in here and bank 1n Miami, not go bank in New York City. Now when these banks come to this community to deposit their funds, these are all bankers from Mexico and Columbia and Ecuador and Chile, they're not going to go bank in Miami Beach or Coral Gables. They're going to go where the main banks are. The main hanks are in downtown Miami. And if we can get them instead of going to New York City and depositing with the Chemical and the Irving Trust and what have you and the Midland Bank and Chase and all of that, if they can come to Miami and do business with Miami banks then 1 think there is no question that there is a purpose served in foment- ing the growth of this as a commercial center. Mr. Andrews: Mr. Mayor, 1 couldn't agree with you more and I understand all that. All I have to get from them in writing is the definition of the purpose of this and try to relate it to the.... Mayor Ferre: Let me put to you another way. If we can sponsor Golden Gloves and put money into Golden Gloves which I am all for because it brings publicity to Miami because it gives us television exposure, certainly getting 100 or 200 top bankers in South America and Latin America to come to Miami for a 3 day bank- ing conference has got to be every bit as important to us as that. Mr. Ley: I would like to add something, Mr. Andrews. This is supported by all the bankers around the municipality. Mayor Ferre: That's not a reason. Rev. Gibson: Mr. Mayor, what they're saying is the difference in the Golden Gloves is you have the Golden Gloves in the City of Miami. So what Mr. Andrews is saying J '-haL. Liii:,' could get together and work out. That they intend to do, let's pass a motion of intent and leave it to them. I move. Mayor Ferre: Alright, there is a second on the motion that the administration be instructed to work out this matter with Mr. Ley on behalf of the Latin American Chamber of Commerce for the Inter -American Bankers Conference here in July and help as much as possible and that we will look into the legality of it. 10 , +r•J194 the following motion w introduced by Commissioner GAL, who moved its adoption. • • AYES: NOES: None. MOTION NO. 76-552 A MOTION OF INTENT EXPRESSING THE DESIRE OF THE CITY COMMISSION TO ASSIST THE INTERNATIONAL CONVENTION OF LATIN AMERICAN BANKERS THROUGH THE LATIN CHAMBER OF COMMERCE TN ASSURING A SUCCESSFUL CONVENTION IN MIAMI PENDING A DETERMINATION TO BE MADE BY THE CITY ATTORNEY AND CITY MANAGER THAT ANY FUNDS EXPENDED BE PROPERLY DEFINED AS BEING FOR A CITY OF MIAMI MUNICIPAL PURPOSE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 14, POSTPONE DEDICATION OF NEW POLICE HEADQUARTERS TO SEPTEMBER Mr. D 090' Mr. '-flavor, at r1,ia Yi.mo T ,,,riijri 1_f1z to nnctnOne the nPv Po1icP Department Building dedication from June 25th to September, any day in September that the administration thinks is proper so we can obtain more TV coverage. Mrs. Gordon: May I ask a question? Manolo, you wanted originally June, is there a special reason why you're changing it? Mr. Reboso: After a conversation with the City Manager, the City Manager thinks that the city is going to benefit more if we have it... Mrs. Gordon: There is no question about it, I felt that way about it all along but conceded to you what you felt.... Mr. Rebosc: We would have national coverage in September and Paul told me that he was going to be here anyhow in September. The following motion was introduced by Commissioner Reboso, who moved its adoption. MOTION NO. 76-553 A MOTION POSTPONING THE DATE OF OFFICIAL DEDICATION OF THE NEW MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING UNTIL SEPTEMBER 1976. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Cordon Mayor Maurice A. Ferre 11_ JUN - 91976 0 INE PROCEDURES FOR SE CTION OF NEW CITY 15, get IREMENT OF JOHN LLOYD, CItY ATTORNEYATTORNEY, APPOINT COMMITTEE Mayor heere: It, of cour-je, is public_ information now that John Lloyd is going to be retiring and I first of all before saying anything else, and I've already drafted a letter for you which you'll be receiving, but I wanted to officially from this podium thank you personally, thank you on behalf of all the people of Miami for the many years of dedicated service that you have rendered to this com- munity. We're sorry to see you leave, we understand the reasons. We certainly hope that retirement goes wellwith you. I know you're not going to be too retired, I hope you're not too retired and I hope you and Queenie will be able to get to do all the things that ycu've wanted to do for many many years. You'll be greatly missed by the city and I want you to know that once you get back from France we're going to be calling on you anyway for guidance and advice because a man with as many_ years experience and the love of the city that you have demonstrated so many many times is an assett that we cannot just cast aside even though you are retiring. We're going to be calling on you all the time and I'm sure you'll_ be asked to participate in committees and different things on behalf of the city and I hope you'll be available to do that. But certainly I want to commend you and thank you for the wonderful years that you have given deligently for the city. I know that in recent years since you've been the head of the Law Department that there have been many many weeks where you've put in 10 and 12 hours a day day after day and that you've worked Saturdays and I know that it has been a burden on you and It has been very taxing. But I want you to know that it has not gone unnoticed and that the results of your deligence has certainly borne much fruit and that the city has advanced a great deal under your tutelage as City Attorney. Mrs. Gordon: 1 would like to say we thank you for your honest and really sincere efforts and your work that you've put forth and only sorry that you're leaving for the reasons that you aro leaving. That is one thing that I am really sorry about. I commend you for what you've done. Mr. Plummer: I'm glad to see you go, I don't think you've done a good job... There's got to be a negative opinio!t somewhere. Mr. Mayor, without question 1 have had a very fine relationship with Mr. Lloyd over the period of years. 1 will personally miss him and I think the city will and the only thing I can wish him is the best in retirement. Enjoy it, that's what it is for and you and Queenie richly deserve it. Mr. Reboso: We are going to miss you, John, particularly in my case every time I have needed John Lloyd he has been there at the right time with right answers. So I for one as going to miss you. Rev. Gibson: Mr. Lloyd, I personally want to thank you and I want to thank you for all the people. And I'n certain that all of us are aware that you're the first full time City Attorney we've had. I hope that those who follow you are going to be as faithful and as deligent and as honest with us as you have been in the time you have served as full time City Attorney. Enjoy your holiday, not vacation, not retirement - your holiday. Mr. Lloyd: Mr. Mayor, I think probably I'm not, this is a strange thing for a lawyer to say, that due to the situation I don't feel up to making a long talk here so you're going to he spared tiat. But I do have a letter which I have written to each of the commissioner3 personally and yourself, Mr. Mayor, to ex- press my deep 3ratitude not only to the commission but to the great City of Miami which expresses it fully I believe. I owe a tremendous debt of gratitude not only to this commission but to this great city for giving me the opportunity to be what I am today whatever it is. It's in the letter, but I'd like to state this for the record. I came to this city no;: quite 28 years ago in September 1940. I had no iob, I had no .:duration c.cept the advanced education J had was one year of college and what :.i:c- Air Force haci given me to train me to be a combat glider pilot. And this city furnished me a job and a livelihood and this university gave me a double college education. I just think it is tremendous and I do have this letter. And as you all. :.now, the only reason th it 1 am leaving is because of the reasons that I have expressed to you privately aid I would like to pass out this letter to you. Thank you. Mayor Ferre: I think that for most people in life I can't think of a greater satisfaction than when one retires -o have the respect and the high regard of one's peers and I think that John Lloyd a:: le leaves the job, the greatest epitaph that anybody could have or heritage that he leaves is a job well done and I think that 4' 12 JUN -9191i • all of us who are public:' servants want that. At least I feel that I would want that and I'm sure that John and all of us want that to be said when we leave. That certainly is applicable for this great public servant, John Lloyd, who leaves us not completely because we're going to be calling on him, but he's done a yeoman's job. Thank you again, John. Now I would like to recommend to the commission that we proceed in the fol- lowing way in the appointment of a new full time City Attorney. I'm not a lawyer and the only who is a half-baked part time lawyer on this commission is Theodore Gibson who says he only went to law school for one night but what he learned in one day of law school, and I think he is /:e,tly exaggerating and I've got a feeling that his sea has been tutoring lea: or he his been tutoring him or he has been tutoring the son. I don't know which but that he is only a one day lawyer is greatly exaggerated. Rut aside from Father Gibson, I don't think any of us really are that expert in the very delicate and fine areas that involve the ].aw and the very complicated requirements that are Essential for a department head, and such an important department head which is essential to the well-being of the City of Miami as we move along into difficult areas. I would like to recom- mend that we do two things. First of all, that each one of us make an appoint- ment of a highly regarded, highly respected well -qualified attorney that is a person that is representative of the community and the type of thought and the civic approach of rendering proper service and have that five person committee select no less than three and no more than five candidates from which the com- mission would nominate one. I would hope that this could be done certainly within the next 30 days. I think that once we.... Mrs. Gordon: You mean the selection within the 30 days? Mayor Ferre: 0r the recommendation at least. Mrs. Gordon: 0r the committee within 30 days. Mayor Ferre: Yes, the committee's selection within the next 30 days. I would hope that once that committee is established that certainly immediately within the next 30 days or a week that we would have a brief meeting with them and outline the specifications of the type of people that we want. For example, I definitely think, just to throw cut one thing, that anybody that we choose has got to have at least 5 years of experience. I'm all for youth but I think... Mrs. Gordon: The person that we choose for the committee? Mayor Ferre: No, I'm talking about whoever the City Attorney is going to be. I'm just throwing that as an example of the type of specifications that we have to place. There might be many many others that I would want for each one of you to think about. I certainly would, for example, personally have a preference for a local person. I would like to have a Miami person over a Dade, a Dade over a Florida and a Florida over out of state. 0n the other hand, I think that we can't compromise in quality. These are things that I think we probably have to talk about at another occasion. But I think if we get the guidance of lawyers in this community that arc outstanding and recognized that it would help us in our deliberations. I would also like to ask John Lloyd to assist in this whole process and serve as an adhoc member of that committee to help and guide the com- mttee in recommendations. (2) I would like to recommend that in the interim time since John will be leaving in the end of June which is only a week away. Mr. Lloyd: I'll be here for another not quite two weeks. Mayor Ferre: But time is running short. I think that we ought to get John's recommendation soon for an interim Acting City Attorney. I think it is essential that whoever that is not be a candidate for the final job. So whoever you recom- mend, and whoever accepts that should say specifically that he is not interested in the final job because to do it otherwise, I think would be to give an unfair advantage. once you put soueoody in the saddle you know it is very difficult and that would be unfair I think to whoever the other candidates might be. And since the process is :got ,doing to cake too llon , r think that would be the hest way to go about it. That's just my recoraiendai ios. Mrs. Gordon: Mr. Mayor, can we speak to that? I mean each of us have our own thoughts and that doesn't say that we're speaking for someone in any shape or form but I've two things I want to say with regard to what you said. (1) That we search the City of Miami. In this case I think that we need not necessarily make the boundaries cf the City of Miami a requirement because Dade County is Dade County. Mr. Lloyd, where did you live, where do you live? You don't live in the city do you? JUt - 9 1976 Immw MIR MIlt Maw Mint 1111 IMMORE- reiWg MEW Pot. Lloyd: No, I do not. Mrs. Gordon: That hasn't hurt you in being our attorney. I think maybe that Would be one consideration i wart to speak to. The second one was the perimeters for the selection for the job should not be, the acting man should not or woman should not be .tr eligible candidate; [ think that places an unfair disadvantage on Mr. Lloyd it: naming someone to act in his stead and I don't think... You know that person may not get it anyway but I don't think it gives them an advantage. They're not running in .in e i e' t t on. Rev. Gibson: Mr. Mayor, i'; opposed io anybody holding that position temporarily until a successor is chosen. LPL me tell all of you this. I haven't told you this before. The D.Loce,, of Michigan was looking for a suffragan bishop and I had an opportunity to be part and parcel and came near. Pressure was sufficiently great that I came near having to so. I.et me tell you the danger. We were being interviewed, they looked all over the country and found five men. And of the five they said to me, "You are the best qualified guy". Sitting right there is a man who wanted worse than terrib,e. Ile had all the advantages, could get all the votes and you know I had to go in and get to hu known. I am unalterably opposed to anybody who is in there who wants to be considered to hold. Now that man was sitting there like a sitting duck and I thought all along he had that thing going to bag. And the committee didn't even recommend him. I want to warn this commission. You could talk about professional and all of that, all of us with all these degrees. we're still human. I want to make sure you understand that. And I don't want to have to face guys later on. And the way i want to do it, any many who thinks he has any :ambition, you exclude yourself from the run- ning if you want to serve in the interim. See what I mean? If you want to serve as an interim somebody - forget it! You know, say look, man I'm not for hire. If you don't mind then the thing to -ic, is :hen serve. Now one other. comment. Hiring is where we are. In the ei:urch man, you don't put your assistant in charge if he is going to bein the running hecaust he sets all the road blocks up, he_ favors all the members of the vestry, he goer; to the influential members of the parish and before you know anything all hell has broken loose. Don't get in that. I'm opposed. If you have any desirs you be assured Gibson ain't going to make you no interim somebody. Mr. Reboso: Mr. Mayor, 1 .agree wi_n the appointment, the selection of the five attorneys now but L don't think we should set any guidelines to them. They should be as free as possible to select the three or five nominees. Also on the other hand I agree with what Father Gibson said. Why don't we select the person before Mr. Lloyd leaves the city I think two weeks is plenty of time. If we come with the name of the attorneys t.;duy. Mayor Ferre: The point is I think we would have to advertise. Mr. Reboso: ;Thy .advertise? Mr. Mayor, in the same way I was opposed to appoint- ing an interim City 'Manager three years ago I am opposed today to appoint an interim City Attorney. I think we should go ahead the way we did three years ago and select our City Attorney within two w(-eks. Mayor Ferre: Let's so a step at a '.ime. I've heard disagreements about several things. Does anybody disagree wih appointing a five -person committee for the selection, process? Anybody in disagreement with that? Let's see how far we can climb up this ladder. So I will en ertain a motion that the commission appoint a fiveemember boars: to make these a';p-,intments. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 76-554 A MOTION TO APPOINT A 5-MEMBER COMMITTEE TO ASSIST IN THE SELECTION OF A NEW CITY 1'TOi<NE1' . Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner. J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now, for the appointments. Mrs. Gordon: I would want to wait until I .ask the person I am thinking about if i'4 JUN . 91916 it they are interested iterving. Mayor Ferre: I am ready to appoint a person • right now myself. Mr. Plummer: I appoint Mr. George Barkett, phone 854-3505. Mrs. Cordon: Can we 3o thin after lunch? Mayor Ferre: Yes. Mr. Reboso: My appointment will be Mr. Guillermo Mascaro, President of The Cuban -American Lawyers Association. Rev. Gibson: I appoi'it Jesse Mc Creary. Mayor Ferre: I will appoint, and I'd like to chairman, Mrs. Soia Mentschikoff, Dean of the Mrs. Gordon: Mr. Mayor, will you give me the you are not going to wait till after lunch? Mayor Ferre: Of course, I would like to have Mrs. Mentschikoff as chairman... Mr. Plummer: Mr. mayor, hopefully one charge to the committee, that first and foremost that they go through the entire legal department and interview any of those who are interested, first and foremost; that any of the law department that are interested, make themselves available for interview first. I am not saying they have to select one of them. I am very strong on looking within first. ask the privilege of having her as School of Law, University of Miami. courtesy of making a phone call if Mayor Ferre: I understand. Mrs. Gordon: I would like to appoint Janet Reno. She will serve on the committee. Mayor Ferre: I think we have an excellent committee. Is it acceptable then that Dean Mentschikoff be the chairman? Is that acceptable? Mrs. Cordon: It's acceptable to roe. Mayor Ferre: She's the Dean of the lawschool. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-555 A MOTION APPOINTING SOIA MENTSCHIKOFF, CHAIRPERSON AND COMMITTEE MEMBERS GEORGE BARKETT, GUILLERMO MASCARO, JESSIE MC CREARY AND JANET RENO TO ASSIST THE CITY COMMISSION IN THE SELECTION OF A NEW CITY ATTORNEY FOR THE CITY OF MIAMI. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now Mr. Lloyd, I talked to Dean Mentschikoff at the University of Miami two days ago. She told me that she would be willing to work and get this over with by the end of June because she will be gone the month of July. I told her that this morning you would call her. Mr. Lloyd: I certainly will, Mr. Mayor. Mayor Ferre: And that you would discuss this with her and get this committee together as quickly as possible and come back to this commission. and I'll be happy to call a Special Commission Meeting for you to tell us (1) advice from you, what the perimeters are and how we go about doing this and what funds you might need if we're going to go to interviewing or advertising or whatever it is that you might have to do. 15 JUN • 91976 Rev. Gibson: Mr. Mayd!, let ant make ,lure you said perOters. You don't Mean Mt. Lloyd is going to write the... 1 want to make sure that is understood. Mr. Lloyd: I would not tal,e the responsibility. Rev. Gibson: I understand, my brother, 1 just want to make nure I underatr+t d Mayor Fern,: I think that thlo ;tf teruoon wr' have to talk n little bit about that. Mrs. Gordon: T think we need to do that and do it quickly because some of us are going to be out of town this month and if you call a Special Meeting we may not be here. H-4372 16, OPEN SEALED BIDS - FLAGLER STREET HIGHWAY IMPROVEMENT HAND This being the date and time advertised for receiving sealed bids for FLAGLER STREET HIGHWAY IMPROVEMENT H-4372 and FLAGLER STREET HIGHWAY IMPROVE- MENT EXTENSION H-4391, the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 76-556 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: FLAGLER STREET HIGHWAY IMPROVEMENT H-4372 AND FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION H-4391. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner (Rev.) Theodore Gibson Vice -Mayer Rose Gordon Mayor Maurice A. Ferre NOES: None. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: C. A. Davis, Inc. Marks Brothers Co., not incorporated Bartlett Construction Company, Inc. 17, CHANGE DATE OF COMMISSION MEETING TO JULY 1 The fnllowin' mntinn vaa intrnrinced by ('nmmissionvr Plummer, who moved its adoption. MOTION NO. 76-557 A MOTION CHANGING THE DATE OF THE FIRST REGULAR CITY COMMISSION MEETING FOR THE MONTH OF .JULY FROM JULY 8, 1976 TO JULY 1, 1976 BEGINNING AT 8:30 A.M. AND RESCHEDULING A COMPREHENSIVE NEIGHBOR- HOOD PLAN HEARING FOR 5:00 P.M. ON JULY 1. Upon being seconded by Commissioner Gibson, the motion was. passed and adopted by the following vote - AYES: Commissioner Manolo RE !„-,so Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferri - NOES: None. 16 JUN - 91916 t 18, OFF-STREET PARKING A1IH0RI1Y NINUAL BUDGET • 4 Mayor Ferre: This is a public hearing on the ordinance for the appropriation for the fiscal year commending October 1, 1976 and ending September 10th of next year for the Department of Off -Street Parking. This is an officialpublic hearing. Mr. La Baw. Mr. Richard La Baw: Mr. Mayor, if there is nobody present that wants to raise any questions I think the City Clerk can close the hearing and then we can go ahead from there. Mayor Ferre: Alright. Is there anybody in the audience that would like to speak to Item 4(a), the public hearing on the Off --Street Parking Budget? Is there any- body here? Seeing none, then the public portion of this public hearing is now closed and I'll recognize you, Mr. La Baw. Mr. Andrews: Mr. Mayor, I'll assist Mr. La Baw. He and I have had many discuss- ions over the last 6 months or so and reflected in this budget is Bayfront Park revenue for that parking lot of $6,000 and Biscayne Boulevard of $124,000. Thosc two sums of revenue out of a total revenue of $2,100,000 is an area that I want to touch on because Mr. La Baw and I have had many conversations and I recognize that from time to time the public, commission and others feel that the Off -Street Parking have a very negative attitude about some of the adjustments that the com- munity is attempting to establish as far as the adjustments in Bayfront Park on Biscayne Boulevard. And in our discussions we have explored the possibility and Mr. La Baw can speak for himself, willingness on the part of the Off -Street Park- ing to be reasonable about any future adjustments that might be made as long as their revenues are secured. In other words what we're trying to establish is that once a parking lot is constructed such as one in Bayfront Park or even along the boulevard, it does not mean it cannot be altered in the future as long as we give them full consideration that they have a problem in securing revenues to meet their obligations that when we can make those adjustments they're ready and will- ing to cooperate with the city to see those changes take place. A comment was made, Mr. Mayor, at the meeting of the "people mover" in which someone said, "Well you can't do that. you can't run the boulevard because the Off -Street Parking has no way of handling the adjustment to the parking in their revenue." Well, there are ways of achieving that and the Off -Street Parking wants to demonstrate that they're ready and willing to cooperate. INAUDIBLE Mr. La Baw: Yes, Mr. Andrews is correct on that, Mr. Mayor. And the Off -Street Parking Board wants to cooperate fully in regard to the city and the "people Mover Program". Mr. Plummer: Mr. Mayor, I've got something I want to bring up. Mr. Andrews, are you finished? Mr. La Baw, it has been brought to my attention, sir, that the Off - Street Parking Authority is going to put parking meters in the parking at the new police station. Now if this is the case, I think is is horrible. Now is it the fact that you intend to do such? Mr. La Baw: This was our intention to do so, yes, sir. Mr. Plummer: In the parking on the lot, the public lot. And I'm going to tell you something I think that is ridiculous. Here we are encouraging people to come in and make it their police station, I think is the words that I have heard, and now we're going to have people coming to the police station and possibly getting ticketed for parking in a public lot. I can't buy that. Now Mr. Mayor, I'm going to tell you something. I'm going to vote against this budget unless I get an assurance that the public can come use public facilities, public parking for a public facility. I think it is ridiculous to charge a parking fee for parking at the police station. Mayor Ferre: Well, let me put it this way. Eventually we're going to have to do it. Mr. Plummer: No, eventually what you're going to have to do, Mr. Mayor, is put in additional parking. Already there is not sufficient. Mayor Ferre: Yea, but the point is, you know see you're speaking right to the very heart and philosophy of the Off -Street Parking Authority. The Off -Street Parking Authority is supposed to be a self-sustaining unit where the users pay for the use of parking rather than the tax payers. Now in effect what you're saying is since it does cost to buy land and it does cost to put up parking space that 17 .1 UN • 9 1976 you are transferring , burden on the taxpayers. Som.s has to pay for it. Mr. Plummer: Mr. Mayor, did the Off -Street Parking Authority have do with building the police station? Was any of your funds used to police station or acquire the property? anything to build the Mr. La Baw: No, sir. Mr. Plummer: I'm sorry. Mayor Ferre: Listen, I happen to cubscribe with what you said but I think that someday when w2 hive a big government complex here we have to e harge for parking. Mr. Plummer: If they build a structure I agree then it has to he charged for. But as far an I'm concerned in that police station I think it should he free parking, encourage people. Mayor Ferre: You're not talking about that many parking spaces. Mr. Plummer.: At the present time no. Mr. Andrews: Mr. Mayor, in defense so that they're not always defending them- selves, while I appreciate wht you're saving and it has great merit, there is no way you're going to control that parking. Mr. Plummer: Mr. Andrews, the Chief is bent over backwards, and let me just give you an example. Th Chief has bent over backwards, he's even invited and I've seen different groups to hold meetings in that facility. This is public property. Mr. Andrews: I agree, Mr. Mr. Plummer: And it is a public facility and 1 don't want to discourage anyone. You know the horrible thing in the world is to go to Metro Justice Building over there to pay a parking ticket and get a ticket trying to find a damned space to park. Mr. Andrews: I think what you ought to :ask Mr. La Baw to look at prior to making a final decision is whether meters can he installed that would give considerable time for very little cost to the public that's going to use that. But to remove the parking meters you will create a real serious problem. Mr. Plummer: There are no parking meters there yet. Mr. Andrews: But when we get up and going with the State Building and the prob- lems they have -- Mayor . Mayor Ferre: What's the problem, Paul, I don't understand. You mean the psychol- ogy of the whole thing? Mr. andrews: Well, people will come and park all day there. How will you police it? How will you.... Mayor Ferre: You see, I'll tell you what happens, J. L. You see if you have a nice parking lot there let me tell you what is going to happen and why, I now see what you're saying. Here's what's going to happen. People are going to go park in that nice parking lot and walk four blocks over to the Metro Justice Building and not have to pay anything for parking. Now let me finish, please. Now what happens then is that the people that need to go to the police station for the police work won't have a place to park. So in other words here's the compromise. May I recommend this: Mr. La Baw, that you put the parking meters but that you make it so low that for example for a nicle you could get an hour and for 10c you can get: two hours or something like that so that it's not a real bury _e::. .'.:;d nevertheleas, it will give you the ability to control so that people will .ie•t busc: that parking facility. Mrs. Gordon: of nicles in and walk dow:t ,:here anyway. That won't make a difference, Maurice because they will put a couple Mr. Plummer: No, y,r. Hey, why don't we have parking meters around Dinner Key? Mrs. Gordon: Why don't we ;List ask you nut to do it now and see how things work out? You can always put them in later. Mr. Plummer: Look, if a problem becomes so monumental that you can't cope with it I'll think differently but right now as far as I'm concerned I don't want any 18 JUN - 91975 ureters In there. And going to tell you, Mr. Andre* you'd bettor be giving some real serious thougnt to increasing the public parking. l've• been there on two different occasions and both timer the lot wnm filled. Now you've got all of that property and I know you don't want to take up the greenry and put in asphalt but I think it is needed. Mayor Ferre: Thin is something that we can leave open and If it becomes n prob- lem you'll have to come back to UR. As far as I'm concerned I'm going to go along with Plummer but I have no qualmn about putting parking meters provided it some- thing like a nickel for an hour or two so that It doesn't become a burden. And all it is is a way of controlling people from not parking all day there and not going to the police station. Mr. Plummer: I make a motion subject to their accepting that principle in relat- ion to the police station that we accept their budget for the coming year. Mayor Ferre: And also, if you would please, that they understand that we might use the air rights over the central strip of Biscayne Boulevard for a people mover system should it come that way. Mr. Plummer.: I incorporate that in a motion. Mrs. Gordon: Delineate your motion carefully again, Mr. Plummer, so there will be no misunderstanding. Repeat each phase of it. Mr. Plummer: (A) That no meters be put in the Police Department without coming back before this commission. (B) That they will cooperate with the city in putt- ing the people mover down the boulevard if that is the cnosen path. (C) That we approve their entire budget for the coming year. Mrs. Gordon: Predicated upon the first two? Mr. Plummer: Yes. AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1976 AND ENDING SEPTEMBER 30. 1977 BY THE DEPARTMENT OF OFF-STREET PARKING; CONTAINING A SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. Rev. Gibson: Mr. Mayor, I want to raise a question. I hope I did not hear; J. L., I'm concerned that we would begin to consider giving up that greenery for parking. I hope we in Miami have come to the point that we don't need always all that black asphalt around our buildings. a Mr. Plummer: Father, what I personally had in mind was if necessary acquire _ another under the expressway parcel. Rev. Gibson: Beautiful, I have no objection to that but I want to tell you this. The beauty of that building is the fact that you let those trees stay there and I would hope that they hurry up and plant some grass so that that place will be like where people live. Mayor Ferre: Don't you cut any of those trees. Rev. Gibson: 'And the other thing is those tables that you lnvisioned will add a home -like atmosphere to that building. I hope everybody understands that. 19 JU..N • 9 n+ METER MAID LEGISLATION ig+ IISCUSSION ITEMS: COUNTY FINE STRUCTURE FOR VIOLATIONS Mt. Andrews: Mr. Mayor and members of the commission, two quick items with ref- erence to that particular ordinance and nrtivity of the Off -Street Parking. The Meter Maids Bill passed both the house and the Henatc' and is awaiting the gover- nor's signature!. once signed the meter maids will receive some additional train- ing through the academy and we will have them fully employed as far as policing the city is concerned in this area. The other area I want you to he aware of is that Mr. La raw and I will be going over the county's ordinances with reference to the fine structure for meters and ohter violations of parking and I can tell you right now from my knowledge of what has taken place in the community I'm going to be recommending to this commission that you adopt a resolution that would be forwarded to Metropolitan Dade County in concurrence with the Off -Street Parking that we begin increasing some of those violation requirements. The last time it was increased, Mr. La Baw will testify here to give information that this has not subsided the number of people who are violating the requirements of the city and are parking illegally and it hasn't deterred this one bit. 20, GUSMAN HALL BUDGET Mayo,. that? Ferrel *'e•, on 4(9, '-'hi cif in n related ite'', it t .e'e nee, Aincassi.on on Mr. Plummer.: Yes, T want to know what is the subsidy? Mr. La Baw: This is a public hearing too, Mr. Mayor. Mayor Ferre: Is there anybody here to speak on Item 4(b), Gusman Hall and Olympia Building Budget as presented? Seeing none then I close the public hearing. All right, Mr. La Baw. Mr. La Baw: We've presented the budget to you. Are there any questions? Mrs. Gordon: Yes. You have a deficit financing picture here, is that right? Mr. La Baw: Yes, ma'am. On the basis of the few months that we've been operat- ing it and our projections that's what we came up with. We're operating at a deficit now and with some of the changes that we've been making and some of the improvements we've making and increases in the rental in the building and the increases in the usage of the hall we're hoping that we can get some additional tenants in the building and additional rentals in the hall and overcome that deficit. Mayor Ferre: Mr. La Baw, let me ask you a question. This commission went on record that we would ear mark up to $15,000 for us to pay for the usage of the hall... Mr. Andrews: $5,000 this year, next year a little more because it was a partial year. Mayor Ferre: Alright, is that taken into account in this deficit or not? Mr. La Baw: No, sir. Mayor Ferre: In other words from the 22 you'd have to subtract the 5 or whatever it is. Now let me ask you the second question. If the Law Department moves in and you do the improvements and we pay you 950 which is what you were talking about which i:_ my opinion is a very low price for office space in downtown, would you have any c:eficit? Mr. La Baw: No, sir, we would not Mayer Ferre: That's not considered in here is it? Mr. La Baw: Nc, sir. Mr. Andrews: And I want to speak to that, Mr. Mayor, if I can because I have been reviewing an entire program in relation to what I now believe and understand to be the city's responsibility with reference to the Olympia Building and Gunman Hall. I have a resolution prepared which would require an allocation of $10,5R8 JUN +9676 • to the Capital Improvement Fund Unallocated Funds for the purpose of recondition- ing a portion of the building that required under the ordinance which makes it mandatory that we bring the buildings of 40 years and older up to certain stand- ards. Now in addition to that there will be as time passes within the next year or so about $135,000 worth of additional improvements which can be funded through capital improvement sources. I haven't had an opportunity to tell Mr. La Baw but we believe that about $50,000 of that can be accomplished immediately and the balance will have to be reprogrammed over the next 9 months or so and I think that they can live with that amount of timel Mayor Ferre: Is this for the fire code and the fire .... Mr. Andrews: Fire Code, Building Code and so forth. Now as a result of moving the Law Department to the Olympia Building and occupying about 5500 square feet of floor space which would require a $30,000 expenditure. Through that $30,000 expenditure for that space which assists us in some of the administrative moves we want to make and clear up these buildings at Dinner Key and provide space for the Youth City Project at the same at the Municipal Justice Building, this approach unlocks all those doors so we can move right ahead and T'll have a program to submit to the commission to achieve all of that and I'm recommending it. So you now need to act on the ordinance first and then we'll come back to the resolution. Mrs. Gordon: May I ask a question of Mr. La Baw? How much additional vacant space is in the building after the Law Cepartment moves in, do you know that? Mr. La Baw: There is very little left after that, ma'am. We have the third floor that we've got to renovate completely. When Mr. Gusman redid the hall he took the third floor and put in all lockers and showers and so forth and they've never used it since they've installed it and now we've got to work on the third floor as far as removing the lockers and the showers and everything and getting it.... Mrs. Gordon: Can you find any user that would need that kind of facility? Mr. La Baw: Nc, ma'am, so far we haven't. I think.... Mrs. Gordon: Is there additional space next to it perhaps for a health club or something of that sort? Mr. La Baw: We've tried that as far as a health club or something and that's the only thing that could use it now but we haven't fo.ind anybody that would he inter- ested in renting it like it is. That's the entire third floor. Mrs. Gordon: May 1 ask another question and then I won't hold up, Mr. Mayor is in a hurry. I am interested in knowing more about the building and T'll discuss this with you in private perhaps. Mr. La Baw: I'd be happy to even go down and go through the building if you'd like. Mrs. Gordon: Fine. But when and if the deficit turns out to be an excess profit per year where does that excess profit go? Mr. Andrews: Immediately I can tell you any money that we can glean from their operation will come back to replace this $145,000 investment that we have to make. It can be done on a reasonable basis but some effort should be made to return that plus provide other improvements. Mrs. Gordon: And after that? Is the money going to go to the General Fund or where is the money going to go? Mr. Andrews: No. Depending as time moves along, Mrs. Gordon, and please, I can see where you're headed and it must be considered if I'm assuming something that you're thinking about and that is that as we develop funds there it could he used in cultural programs in other areas to compliment the Gusman Hall activity. Mrs. Gordon: That's what I'm thinking about. Mr. Andrews: Yes, I know, I can imagine you are and I agree with you. 1t doesn't have to go into the general fund. But that's something, Mrs. Gordon, you'll have to weigh as you consider budgets. Mrs. Gordon: We have some time to go before we get there. 2,1 JUN - 9 1976 Mr. Plummer: Why art Tie payint'., or you paying .1 mnn: g •meat fee? I thought you were the managers. Item 1 395. 1 t' ; $1,000. Mr. La Baw: Mr. Plummer, I'm sorry 1 just cant' answer that question for you 1'11 have to go get an answer for you on that one. ma Mr. Plummer: T'd also like a hreak down of what Special Services are, S16,000. Mr. La Baw: That's a lot of our air conditioning maintenance and our cleaning services and things like... Mr. Plummer: No, you have cleaning services and sanitation for $17,000. Mr. La Baw: I'll have to get those figures for you. Mr. Plummer: T'd like a break down on those two items in particular. Mrs. Gordon: Health and Welfare Contribution, what is that? Mr. Plummer: That's obviously Social Security. Mayor Ferre: Well, I have to leave so do you want to bring this up at some other time Mr. Plummer: No, I'll move to approve their budget. Mr. Mayor, t'd like to just bring in one point, and 1 Bate to bring it up. Mayor Ferre: Wait a minute, is this on this subject? Mr. Plummer: It is on the subject here. Mr. Mayor, 1 know that when we accepted Gusman Hall there were all kinds of legal and binding strings that were attached but I am very concerned, A1r. Mayor, over the fact that the city is having a trem- endous amount of auditorium qpare available and we find ourselves in deficit, deficity, deficit. Now t:'c'r,2 t.,lkin,; about the nes convention hall, we're talk- ing about all of the ,iifferent halls. i would like to ask that if it is possible that consideration be given to the possibility of Cusman Hal]. being put out to a private concern se that they could possibly work with the city in the area of not having any deficit and a percentage contribution to the city. Wliat I'm say- ing is a private promoter is a proven track record... Mayor Ferre: J. L., I want to get into that and it would take me 20 minutes to give my opinion on thin;... Mr. Plummer: I just ask they look into it, that's all. Mayor Ferre: Well, I want to get into that subject this afternoon because when you come up with the marinas I'm going to make a recommendation that the City of Miami seriously consider taking al] of public facilities like marinas, golf courses and so on that are money making or money losers and put it out for public bid and let somebody else, let the private sector run the whole thing and if it doesn't work in a year or two we come back and do it. Jim Redford has been making state- ments and I completely subscribe to it that when you've got the pressures of hav- ing to make a profit on something that you're going to be hustling and moving and pushing things and Monty Trainor is a case in point. Mr. Plummer: Profit is not a dirty word. Mr. Andrews: You've already passed such resolutions, we are doing this and we have one that I'm going to schedule for the 17th as the first example of this where private enterprise would get involved in the Grove Key Marina. Mr. Plummer: Great. I move Item 4(b) with the stipulation that those two itemH which I outlined be sent to me in more detail. 2Z JUN • 91976 AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING APPROPRIATIONS REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCT- OBER 1, 1976 AND ENDING SEPTEMBER )0, 1977; CONTAINING A =EVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 21, ALLOCATE $10,588 CAPITAL OLYMPIA BUILDING IMPROVEMENT FUND PROPOSED IMPROVEMENTS The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-558 A RESOLUTION ALLOCATING THE SUM OF $10,588 FROM THE CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS; AND AUTHORIZING SUCH SUM TO BE EXPENDED BY THE DEPARTMENT OF OFF-STREET PARKING FOR PROPOSED IMPROVEMENTS TO THE OLYMPIA BUILDING, AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurine A. Ferre NOES: None. NOTE: Mayor Ferre passed the gavel to Vice -Mayor Gorden and left the meeting. CHANGE OF ZONING CLASSIFICATION 22, AMEND 6871 NE' EY 99 , 50' LOT 9, D.B. "D" 3495 MAIN HIGHWAY COCONUT GROVE Mr. Robert Traurig: Thank you, madame Vice -Mayor. For the record my name is Robert Traurig. I'm an attorney with offices at 1401 Brickell Avenue. 1 repre:a- ent the applicants, Mr. Carson Bennett Wright and Mr. David Miller. What is pro- posed here is a change in zoning to R-1 with a P.A.D. It has been recommended by every department and board before wham this matter has been presented up to now. We are prepared to make a complete presentation if you desire same but based upon the recommendations of the Urban Development Review Board, the Environmental Presentation Review Board, your Planning Department and the Zoning Board we think that this matter has been fully presented to you in documented form up to now. If you would like our presentation we're happy to make it. We don't know if there are any objectors. Mr. Plummier: May I suggest, are there any objectors? 23 JUN - 9 1976 111 Mrs. Gordon: There are. I'1l personally even though everything has been pres- ented to the other boards and recommended, 1 always like to know what is going on. So I'm not asking you 'o give us a very very lengthy presentation but I would certainly like to kno• what you're planning to do. Mr. Plummer: Two minutes would he fine. Mrs. Gordon: Or three. Mr. Traurig: Fine. The property .Iirh is the subject of this hearing is the land which is shown on your screen in yellow. It is across from the Coconut Grove Playhouse. It would be the first large estate that runs between Main High- way and the bay which would be developed since the early days of the development of those estates. What is proposed were in accordance with the Coconut Grove Study is for a PAD. It would he single family development and you'll see... Mrs. Gordon: You are doing a PAD, is that it? Mr. Traurig: PAD, and as the reconmendatlons indicate, the advantage of the PAD is obvious, it gives the area... Mrs. Gordon: As I'm looking at this plan that you showed me, it appears to me that you are preserving the natural Landscaping to the westerly portion of the property, is that correct? Mr. Traurig: Yes. there's a 260 foot landscape buffer that is being preserved in its natural Beate between Main Highway and the beginning of construction and as a matter of fact, that may even be enlarged. When we originally filed these plans, we had asked. for 24 units to be approved because, in our opinion, we own the bay bottom. There was a question as to whether or not we own the bay bottom. We asked for 2) units originally aid :4 had been recommeded by the Planning Department. In view of the fact teat we have not yet been able to demonstrate to the satisfact_on of the City At_orney's Office that we own the bay bottom, it has been suggested that the City Planning Department could only support 21 units and if we weld accept 21 units at this point in time that they would support the appacution so consequently, unless we are in a position at some day and time in the fut.:re to demo:ascr,ite that we own the bay bottom and therefore had more land on which the density could be calculated, we would lose the three western most units and we do not iotLnd, at the present time, to build those three units, the 21 units to be built... Mrs. Gordon: Mr. Traurig, Father Gelb: -on has a question. Rev. Gibson: ...why don't you tail: in terms of 21 now? Mr. Traurig: We are talking in te:'tas of 21 now. What we are asking you to approve now is the sight plan which is identical with the one which you look at except that the three units to the west are deleted for the purposes of this hearing so we're asking you for 21 units, not the 24 that show on your sight plan. Rev. Gibson: (INAUDIBLE) Mr. Traurig: The plan only has 21, Reverend Gibson. We just take off these three units. As far as we're concerned, we're only asking for 21 units, the three western most units from our standpoint don't exist. They were shown on this plan, it is not our intention to build any more than 21 units, the recommendation is for 21 units, we think that the resolution should be limited to 21 units, that is the resolution fcr the PAD, we're prepared to give you anything that you might want to confirm the fact that it's only 21 units. Mrs. Gordon: :'mother question. Wnu1:_ _,ou he agreeable to the that no building would tdk., pl._.cc on the: westerly buffer zone? Mr. Traurig: A dLe d restriction? restriction Mrs. Gordon: Yes, so that no future development might take place there or is there some... if there is thinking in your mind that there might be development on that but you show as a buffer acne for landscaping preservation, then we would like to know it now. Mr. Traurig: There was discussion in Mr. Acton's office concerning whether or not some small, little boutique among the trees may someday be built there if the . rest of the strip were developed commercially. It is not our intention to... 111111111111111111111111 immin.—.-nnni•mo• Ili Nii■nE.IEMI111111IIM1111111111 IIII II 1•1111■11111■'11111.1= JUN •9197 i When t say the rest of the strip, in the event there is ever a change in zoning along Main Highway so that the east side of the street were zoned for commercial use because the rest of the tracks between the bay and Main Highway were de- veloped with residential uses, then the question would be, what would be compa- tible for this little area as it relates to all of the properties north and south of it. We don't have a plan for this. We would have to come back to this Commission to ask for some kind of approval. We've had several Inquiries about our intentions from Mr. Simanoff and other people who have indicated that they didn't want us to build anything on that frontage strip. it is not our intention. I can't speak on behalf of Mr. Wright and Mr. Miller right now about 10 or 20 or 30 years from now if the entire Main Highway frontage is redeveloped with some- thing that would be substantially different than whac we see today so to commit to 20 years from now or for some great period of time to a factual situation which we can't really envision, I think it's very difficult but I can't really speak for that. Ask them to answer your question directly, Mrs. Gordon. Mrs. Gordon: But it is a question that needed an answer on the public record. Rev. Gibson: Let me ask it another way. I know 20 years from today we would he living entirely different from the way we are living now. How can we assure the people who are sitting here at that time that we definitely understood that it was not our intention, it was no omission. Do you understand what I'm talking about? Mr. Traurig: Yes, sir. Rev. Gibson: Right, so you know they can't say, well... Follow me? Mr. Traurig: I think several things would have to occur, of course, for anybody to come back to ask for anything different than what we propose here. You'd have to have probably a new study which would reflect what the frontage should be. There has to be the zoning throughout the entire frontage, I presume, starting with where Main Highway leaves that central portion of the Grove near Ransom School all the way into the Grove before there would be a consistent pattern of development into which we could fit. It is obvious that since we've asked for a PAD and we have submitted a plan, that we are limited to what's on this plan. We can't come back at some time in the future and make changes without revising the plan which has already been approved as a PAD plan. It would therefore ultimately be reviewed by whatever City Commission sits here. I think that it's proper that the record reflect that it was not the intention of this Commission at this point in time to approve any commercialization of the frontage. It is not our request that we keep the door open at this time for commercialization of the frontage, we just don't want it closed forever if the conditions change. Rev. Gibson: Counsel, what you said is what I wanted to hear so that my successors would not misunderstand, you know what I mean? Mr. Traurig: Yes, sir. Rev. Gibson: Alright, thank you, sir. Mrs. Gordon: One more question. Will this be condominium types of properties or is this rental units or what? Mr. Traurig: These will be owner's units. Mrs. Gordon: Sold individually to individual owners. Mr. Traurig: Yes, mam. Mrs. Gordon: One more thing and this is a legal question, I'm not a lawyer, you are a very fine lawyer and maybe you can answer it. If you put a deed restriction on it, for instance, that you would not be building commercial unless Ole neigh- boring all abutting properties were granted then that restriction would be to min- ated or removed or whatever. Is that a possibility? Is that approach a possibil- ity? You see, what I'm thinking about is your arguments are very fine. You know if everybody else along the whole strip gets it why should we be the only oasis in the file of commercial activity. But I'm not so sure that's going to happen. Mr. Traurig: Well, the answer is that if you would like a restrictive covenant to cover that point we're happy to give it to you. We're happy to give you a re- strictive covenant that that 260' would not be separately submitted, any portion of it would not be separately submitted for commercial zoning unless other prop- erties north and south of it had already been commercially zoned. I would point JUN - 91976 Out to you that ther,lire people here who feel that i.lt is to be commercially zoned that there ought to he leas deti itv on the remaining part of the tact. It is not our intention right now to seal: commercial zoning. We're only here to seek the 21 units. We really don't intend in the future to even ask for the commercial zoning. As I pointed out to you earlier we just don't want to preclude that poss.. ability at some point in time in the future. Mrs. Gordon: Ok. Did you want to add anything else? If not I'm going to ask the objectors to pea'.:. Mr. Taurig: I wou.'d also gust like to mention that if you want to discuss the landscape plans Mr. Ted BAker is mere. We're very pleased with our professional team which h,is worked very hard to make this development compatable with what has occured in the best interest of the Grove. Mrs. Gordon: it looks very nice. Does any commissioner want to hear anything further? I meant from the architect -landscape team. No? Ok, well then we'll hear from the objectors. Mr. Michael Simonoff: My name is Mike Simonoff. I own the land immediately to the south. We've been going back and forth on this particular project since Sept- ember of last year. The density on this site is a factor of the square footage of the site. Now at this point the applicants came before the Zoning Board and were approved on 21 units. Based on '1 units, based upon the amount of site that is there at such time as they may go to the circuit court to determine under water ownership that's another situation. So we're really only talking about 21 units and we're also talking about the 3 units that are up towards Main Highway towards the west being eliminated. So the plan is not accurate. Now 1 want to talk a little bit ehcur. the future across Main Highway in the front. And it was through my discussicns with the Planning Department to try to establish a very specialized and restrictive commercial zonin; across the front not as a band, not as a strip not as the C-2A as it exists right now but to have something with a very low grounu coverage and a low profile in among the trees. Now the purpose of that was to reduce the density and the impact that would have to be built in the rear. If the Planning Depe.rtnent puts before the City of Miami and the City of Miami decides to accept a special district for eor.Lmerciai in the front it means that the amount of construction that can go on in the rear -ill be limited and it should be. This is a situation ;•:h.re I ion`t chink anybody should have their cake and eat it too. And this t;.iee coin through here with units, that is actually more than what they should be getting based upon the PeD ordinance. The PAD ordinance would allow for 16 and rraztion units and the Pler.ning Department has given them a bonus of about 5 units 'v r and <_-acve that. iow if we're talking about passing today 21 units then hav:;_rg therm comae back after -ea the City of Miami, if they do, established a special ccimeeci. i. district in here then I'd be violently opposed to you pass- ing this thine to-iay. I feel, and I know chat there is no way that the city or municipal gove.raren.t can impose a deed restriction on a zoning change. It would have to be a cc 'ecant. eivcn by the applicant. And if they will not give it, that if the strip comes through here o n a commercial basis and they get their 21 units and then come back and try to do commercial on the front I'm going to urge you to vote thin dctn. If they will accept tia is 2i units and build it in a dignified and fine faahion then I urge you :o pase it. But it cannot be both situations. Now I'm affected by it lso. I au affected primarily because I own the land to the south cf it and some of the commissioners have been back and forth through that area and _ think they know what I'm talking about. If I came in and wanted to put commercial in the front, and I have a little bit more land than they do, and put maybe 24 units in the back and we get these strips all going back and forth through there that's wron;,. : think that we should at least establish a village type fee1Th and if they ge to the maximum that they can at this point on a PAD and theu ask for commercial later that's wrong and I would say unless they are willing to stipulate today that no matter what happens across that front strip that they will not apply for a commercial zoning and I urge you to vote this down today. Mrs. Gcrdor: Ts there anyone else to speak? UNIDENTIFIED SPEAKER: Mrs. Gordon, the book I gave you there is just an example of what can be done historically with a building or an area. First, Mr. Plummer said before, and it's true, progres3 is not a dirty word but I'd like to add to that. Mr. Plummer: No. Sir, if you quote Mr. Plummer please do it property. said 'profit' is not a dirty word. 1 will concur that progress also is word but when you quote me quote me correctly. Mr. Plummer not a dirty UNIDENTIFIED SPEAKER: I'm sorry, I thought 1 heard you say progress. My mind is ITF1111111) P11'''11IR 1!I!!iplgo5111 JUN - 91976 11, UNIDENTIFIED SPEAKER: I'm sorry, I thought I heard you say progress. My mind is atune to that I guess right now. What I was to add onto progress is not a dirty word, however, Planned progress without imagination on a broad scale is a dirty word and imagination is the key here I think. Also, the question came up with Mrs. Gordon as to she asked whether these were a condominium type thing. 1 feel that they are a variation on a condominium actually they way they are built. They are in affect row houses which are not particularly beautiful concept. Mrs. Gordon: Well really what T meant by a condominium concept was the individual ownership of a portion. UNIDENTIFIED SPEAKER: Right, they are an individual ownership type thing. Immed- iately to the north of this strip of property, the commissioners are aware of it I'm sure, is the Barnacle State Park which is a historic park. One objection that I would have to establishing a line of row houses on this narrow piece of property and the row houses as stated in the statement before hand will be on the east end of the property. Now this would over hang the existing buildings on the Barnacle State property. 1 feel that this would have a very detrimental affect on the historic feeling of the property. I happen to be a curator for the Old School House Museum which is laid out in that series of pictures that are being passed down. I know when we let people in to see that historic monument, a small historic monument, we try to give the people the idea that they are going hack into 1887. It has a tremendous impact on people, we bring children in there into the Old School House, we try to really give them the feeling that they are back there and this helps with their whole concept and up lifts the value of such a historic thing. With these buildings overhanging the Barnacle you have a modern contrast right there leaning over the Barnacle. T don't know if any of you folks have ever seen pictures of Independence Hall in Philadelphia, a broad scale picture. You'll sea that these concrete monsters overhang one of our most significant his- toric buildings and it really does away with any kind of a historic feeling. This is what I fee], would happen in this regard with this area. Secondly, I think establishing a housing development immediately to the south of the Barnacle will have a domino affect. I feel that the property that lies to the north of the Bar- nacle Historic Park should be made into a historic park right up to Peacock Park. And I think this should include the property that we're speaking about here. If this property goes I feel that the strip of land which lies immediately north of the Barnacle will be the next to go. Thirdly, I know the historic park concept has been viewed by the City Commission and various boards in the city and for one reason or another it has been turned down. The money to establish such a park, the money need for upkeep they feel would be too tremendous, etc., etc. Well personally I think that the money factor would be, go in favor of tourism if a historic park were established here. The building in this particular book that is going around is one of some over 100 buildings in Coconut Grove that's to be used to establish a historic village in a historic park built around and adjacent to the Barnacle. We have various examples around the country and they are brought to the forefront during this time in 1976. We have Williamsburg, Jamestown, Mystic Village, all these villages are historic villages and they are real money makers. I think we could do the same thing for Miami. We really need as everybody is aware of an upgrading of the tourism into this section. Tourism is our life blood and through various means usually lack of imagination Miami, Miami Beach and this particular area is just burying itself under progress without imagination. We're chasing tourists away rather than bringing them here. I think a historic park with a historic village would be a tremendous asset to the whole Miami area and in Coconut Grove in particular. When we're considering building on this land I wonder how many people are harkin g back on the 1974 Planning for Coconut Grove. We have a very thick volumn here that was laid out and I'd like to refresh a few memories here not that you might not have it in the back of your mind, I'd like to bring it to the forefront of your mind reading a few excerpts from the Plann- ing Stody. Speaking of planning studies, this is something I think you folks on the commission should really grab ahold of. I understand that in two years the City of Miami si going to have to have a complete planning study for the state and this will become law. The planning study we have here is not law it is just a suggestion, a guideline. This planning study was very good. It has passed the ok of ten citizens groups already and I think it really is a study that in affect has been OK'd by the people in the area, the voters. It says under goals for Coconut Grove, "...preserve the unique ecological and geological features of the Grove's environment; to preserve the historic heritage of the grove, establish a historic district ordinance and register historic sites to provide full public efforts for endangered sites and structures; to establish a historic trail that will describe the sites and structures of historic significance along Main Highway and Bayshore Drive; to encourage public acquisition of the property between the Barnacle, the new state park, and the existing Peacock Park for historic struct- ures relocation site, crafts, art village and for local artisians. To insure .07 JUN - 91976 fi that future public -private development fa cnrnpatable in use, scale, intensity and existing development and the natural environmental character of the Grove. That natural environmental character of the Grove fits right in to the question we have before us now. Let me read something that is a run down on the environ- ment as is pictured in the Coconut Grove area and this Planning Study. Coconut Grove exhibits .a sense of community and in place, a special edentity although it lacks a singular architectural style, posesses no dominant ethnic heritage and is comprosed of a population exhibiting remarkable diversity in social economic and cultural. b:ackaround',. This diversity of society and cultural attractions such as their. ;', ais'tori.c places and parks contributes to the unique character of the Grove. More than anything else, however, two other community, two features of the Grove's environment scale and netting set it apart from other communities in the region. I'd like to say this in reference to this development. This is a beautiful development you-e before you here and they've had to take the trouble to take the natural environment and try to preserve it, move trees around so it will look very nice. But what you see before you is not Coconut Grove. It is not the unique setting of Coconut Grove. What you see before you is Coral Gables. It is beautiful but it is not the Grove. It doesn't have the Grove' environment, scale and setting which you could dose ribe• as the combination of low profile devel- opment, narrow meandering streets, re!atricied view, conformity of rich street system create rin intimate human scale unriiike any other community in South Florida. The setting of homes and businesses amidst dense tropical foliage further enhances the seclusion of houses, streets, neighborhoods ,and provide a visual background which unites the community's image accented by grade changes and exceptional rock outcroppings the scale and setting of the !.rove environment becomes a rich and dist- inctive experience for its residents or nnvone, tourists, moving along its highways. It is the fundamental enrichment of an individual and quality of life that the mean- ing of the Grove's environment becomes a precious and irrepl.acable resource. Please think on that before you OK this. Lastly, the historic evolution of Coconut Grove has left it squarely in the center of the most important issue of what will face 4' for decades to come. This is your study I'm quoting from now. The future of its low density neighborhoods .and the structure of the community necessary to support them, to be sure that transitional growth pressures felt by Coconut Grove are com- mon to many neighborhoods. This is a Growth pressure, this development. Many neighborhoods within any ieege city but the potential conflicts between existing and anticipated developments ;ire no where more extreme than in this historically environmentel_v and socially unique community. I'm almost about to Leave it in your hands wi th tha . Mrs. Gordon: is'iL let me ask you to put your name in the record please. UNIDENTIFILD SPEAKER: Excise me, John May. 3695 Avocado Avenue, Coconut Grove. Mrs. Gordon: 'i'hani•: you for your presentation, sir. Mr. John May: .cst one more thine, Mrs. Cordon. Harking back on the money factor, there is a real potential here. The stall building that you saw in the book there shows just one :xainple of what can ''as done in this area without a development of this kind that would bring people and money to the area on a temporary basis not to live here but to bring toursir_s into the area. This one little building has been brought hack to its original state :=or about 4 years now. It has been open to the public only on a,very limited bass when two people have time to show it. Under thoee conditions ar& a four year period we've had some 2,000 people looking at it. Now if you :transfer This number over to a small village historic setting village in tine Grove. You can kind of do your multiplications and find a real money factor there in bringing tourists to a historic village. The interest of such a thing is phenomenal. Mrs. Gordon: You know, sir, I do appreciate your recommendations.However, this is privately owned property and we ...armor force, in my opinion, our dreams upon them. We can ask them to confo.m to a life style that the Grove is accustomed to in zoning but T don't: think 'in tei± c;-can to make their property part of a historical v:.l ;'(. l do appr t: Late yo:,r recommendation of the property to the north of the ,arn agile between the Barnacle ,and Peacock, seriously should be sought for an extension of the Barnacle property and for possibly that historical scene you're talking about. I'd like to talk to you further about it at some future time about your idea. Mr. May: I appreciate what you're :.raying, Mrs. Gordon, and the idea I'm trying to get through, but this property can he assumed by the city for these purposes. If you folks feel that this development should happen I would ask in this partic- ular case that you consider requiring of the developers that the strip of land that is adjacent to the Barnacle State Park between the Barnacle State Park and between the buildings that they're > oing to put in that they put in additional plantings to hide these buildings etd put it in writing so that the additional JUN - 91976 ors plantings are put in scnat it willabsolutely hide the buildings and preserve the historic setting of the Barnacle Park. Mrs. Gordon: Let me ask the developer about that. Mr. Traurig, the recommendat- ion for heavy foliage, plantings between the Barnacle and your development, is that part of your landscaping plan? Mr. Traurig: Yes, 1'd like Mr. Baker to to create as lush a landscaping as we may passably create. comment on it because it is our intention Mrs. Gordon: I would expect that you would because it would enhance the value of your sales possibilities. Mr. Ted Baker: My name is Ted Baker. I'm a landscape architect. My office is at 156 Giralda AVenue in Coral Gables. The plan for the project is that both property lines on the north and the south will be heavily planted with native materials which ate compatible with the existing native landscaping which is on the site at the present time. We will take into particular consideration the area immediately adjacent to the Barnacle and from that point to the bay. Those plans have been submitted. Mrs. Gordon: Thank you, that answers the question that the gentleman raised. Commissioners, you heard from the proponents and you've heard from the objectors. Would the proponents have anything further to add? Mr. Traurig: I would like to merely comment on Mr. May's remarks which I. believe have great value to the community and I'm pleased that people like Mr. May have shown the kind of interest that they show in the continued good quality of life in the Grove. Fortunately the city administration has recognized that there are problems of maintaining good environment and has established an Environmental Preservation Review Board. We have appeared before that board as well as the Urban Develcpment Review Board and they have both recommended approval of this project. One of the things that led them to make that recommendation is that we did create this 260' landscape buffer on the west end and we did create the kind of landscaping that Mr. Baker described and we have wood buildings so that it blends into the entire area. We also have a 74% open space factor. In the report from the city staff they mention the Barnacle, they mention the other critical things about the Grove and they say that we are compatible and that this plan is a good plan. For me to at 11:30 discuss that at greater length since it is a part of your record, and I presume is in front of you right now, would be a disservice to you. So we rest our case and urge that you uphold staff recommendations and the recommendation of the Zoning Board. Thank you. Rev. Gibson: You raised a question that I was trying to get solved and since you're a professional I'd like for you to, you know that 24 over against 21. You know what I'm talking about? Counsel, do you understand what I'm saying? Mr. Traurig: Yes, sir, we're at 21, not at 24. Rev. Gibson: Well, but he says that the plans show 24. Do you remember? Mr. Sinionoff: The plan shows 24, they have indicated and this is what has gone before the Zoning Board, that the westerly 3 are not part of this application even though they are shown. The point that I was trying to make before is that density is based on what the square footage of the site is and if they cannot stipulate at this time that they will not ever come back and ask for a commercial in addit- ion to density that they're getting on that site I still feel that this should be turned down. If, on the other hand, they do then I would accept the 21 as as the adjacent property owner. But it is shown as 24. The 260' would be increased to maybe another hundred feet or so and there would be about 75 trees that would not be destroyed by the elimination of those three units that are shown and they have stipulated that they will take out. Mrs. Gordon: That is the very first structure that is shown on the map, if you will point to it, please. That would increase the depth to something over 300' if that were not built. Mr. Traurig: Over 350', I think. And it is our intention to delete that. The only difference between what I'm saying and what you have seen is that the plan didn't, no one physically deleted the three units from the plan but we have made it as clear, I thought as people can that we "X" out those three units. Mrs. Gordon: Do you follow that? Does anybody have any questions? J UN - 9 1976 Rev. Gibson: Yes, I I want to make sure that we'together. Mr. Plummer: The important thing is that Mr. Ferencik understands because he is the one that issues the permit. Mr. Simonoff: The picture isn't correct hut I think everyone understands that those three westerly units are not part of this application. Rev. Gibson: Right. Just so we all understand it. Mr. Simonoff: But I did want to get hack to that density factor of 16 plus a bonus of 5 and that's what has been approved by Zoning and the commercial area is something that I am extremely concerned about at this time and I feel that it must be set forth that they will not ever come back for commercial if they're given approval to build 21 units at this time. Mr. Reboso: Well, they have to come back anyhow before the City Commission if they want to. Mr. Simonoff: Well, if the city decides that they're going to, and the Planning Department is presently working on a specialized zoning district across the strip in front then the whole purpose that I've brought this to the Planning Department was to reduce the density in the back to be able to still have an economically viable project with fewer units in the back and be able to do a very special boutique type of thing among the trees but it is an either or proposition and I don't want to see them get the either now and come back and want the or later because the city is owrking on this at this time, the Planning Department. Mr. Reboso: 1 agree with you, Mike. AT this time, Rose, what they are entitled is 6,000 square feet per unit. Right? Legally. Mrs. Gordon: If we change the zoning to R-1. Now we have two applications before us. Mr. Reboso: Right, if we change the zoning to R-1. So instead of 24 units they are taking 21. It will come about 5708 feet. That's right? Mr. Traurig: I don't have the exact numbers, Mr. Reboso. Mr. Reboso: Yes. So it is very close. 1 don't see any objection myself, Rose. Rev. Gibson: How do we answer his concern? Mr. Reboso: Mike? Rev. Gibson: You see what he is saying is that you are looking at a set of plans. Let's "X" out the three. What he is saying is, "Ok, you gave him that with the understanding that you're not doing anything with the front." What he is saying further is later on they come in and say well, you know man, I've got this idea and then at the same time you have in the works a special study for a special zon- ing on that other part. Mr. Reboso: Father, they have got to come before us. Rev. Gibson: No, but Reboso, the man is saying is if now, and I may be wrong. Mr. Reboso: It now is no way, because what we are approving is subject to the plans that are presented. Rev. Gibson: Beautiful, but he said that you got that because of the density sit- uation which means that that on the fron will not be used. Mr. Reboso: The cluster of 3 apartments in the front. Rev. Gibson: No, that's not what he's saying. Mr. Simonoff: I'm saying that density is based on the 21 and that is taking the whole site. Now at some future time they want to come back and commercial based upon a plan and a zoning set forth by the city on the specialized thing they should never be entitled to do it. The only way that this commission can establish that is a voluntary deed restriction on their part at this time. The city cannot im- pose a deed restriction on a.boundary change. Mr. Reboso: Are you willing to do that? -1i1111111111111111111111®11111111IIIIIIIII!I®1111111 I'll U'' 111 I II MINESIMI111111111111 JUN - 91976 • rjj Mr. Carson Bennett Wright I wonder if I. might first introduce myself. My name is Carson Bennett Wright, I'm an architect. I'm an owner of the project. Ladies and gentlemen, we're not here this morning asking you for commercial. We filed under a P.A.D. ordinance. I've shown you a set hack in the front which we intend to respect. The reason that: the unit. show 24... Mrs. Gordon: We understand that. That wasn't even the point. The point is that some fears are here that in addition to the 21 units there will be commercial devel- opment on the front portion. That is it. Mr. Wright: Mrs. Gordon, from a developer's point of view I am here this morning because it is an obvious desire of myself to build housing to be sold of high quality. I have no interest in commercial, it doesn't show there, it is not in my application. Tile reason that I didn't come to you in the application and say, "By the way, while you're at It restri':t me from and; commercial", because I don't want to set a precedent for someone else. This is a free country. Let them come in. Fortunately there is a commission to judge each case. i have no intention, my plan doesn't say I have any intention. Rev. Gibson: Ok, let me responJ since you're going to want my vote, I'm sure. You see what this gentleman is saying has some sense and merit. If I give you 16 now and you cotae back that's one thing. If I give you 21 now and you come back that's another thing. Do you understand what I mean? What he is saying is if you ever consider that front, suppose we were to consider it now what he is saying is maybe instead of giving them 21 you'll give them 16 because they're going to use up that front. That is what he is saying. Isn't that what you're saying? You're darned right! Mrs. Gordon: 1 don't want to prulone this but 1 do have a point that's pertinent. In the condominium development when you sell to your new owners they are the ones who will then each have an interest in all open space surrounding in that property. Is that true? Mr. Wright: Mrs. c;ordoc;, yo',' 1 e going; to have 21 families on that property. I'll have no':`1.ng to say about it any more. Mrs. Gordon: See what 1 mean, Father, he's not retaining title, Mike, he doesn't retain title to the front. Lhat becomes 1/21 th for each one of those people liv- ing in that... Mr. Simonoff: That's correct except that if the Planning Department proposes the entire front he rezoned on a specialized district then they will include that par- ticular parcel and that will throw... Mrs. Gordon: Then the 21 families would have to join together and decide that... Mr. Simonoff: Yes, they could either fight it or not but what I'm saying is that there should be a deed restriction that if the other parcels across the front are taken into this new zoning, a district which may or may not happen but I happen to feel that it will happen, that I don't ever want to see that come back and say alright now we're going to put our commercial in because we got our units, we got twice what we should have. The idea is to cut the density by giving the commerc- ial. Mrs. Gordon: It wouldn't be you though, you'd be out there. So why put the deed... Mr. Simonoff: If they really want to do it let them volunteer a deed restriction at this time. Mr. Plummer: Yes, but Mike, let me tell you fair is fair. Now you know we can build these kind of restrictions on every one and demand of everyone but you know by God this is still a free country. Now I think the point that is being made and made very clearly - why should you ask o: these builders or any individual builder to give up rights when you're not asking everyone on that strip to do the same thing. Let me finish. The point I'm trying to make is very clear, to me it is. That if they were ever to get commercial they or anyone else on that strip, they have got to come before this commission to do it. Now I don't think you should preclude their right to do what they want if it is in fact their right nor any future commission from having the say so as to what they think is good for this community. Now as fas as 1'rn concerned to ask of them to give something that you're not going to demand of every other parcel of property on that strip is wrong. Rev. Gibson: Ok, J. L., let me react. There is nobody else here asking for what mo they're asking for. Tell him that. All I'd like to do, I'll tell you what 1'd JUN 9 1976 eAL like to see happen. Altnce our ;:oning experts and ourlanners are going through I hope they heard what we said. Don't put e; in the position where these people got their 21 and then let all the other folk get their leg of lamb and then do it too. That's what the man is saying. .gin I hope, Mr. Davis, you hear and hear loud and clear what we're saying. Mr. Simonoff: I just want to say one thin,;. First of all, this is a request for a change of zoning. So when you ask for a request there is no God given right that they have to get it. I happen to believe that this is a legitimate and a logical request. gut what I'm saying; Is Hiat the Planning Department will be putting forty a study to these strips across the front and put it to the City Com- mission. Nov what are they going; to do? Are they going to eliminate that one parcel or are they because It's already been used to its maximum or are they going to include i.t and he able to then guild the commercial on it? Mrs. Gordon: But Mike, when that time comes and when these ordinances are written they could be written with certain specifications included in them that if there is a certain limitation of development upon the property that there be no further maximum, any further expansion. It could be done that way when the ordinance is written. Mr. Davis: If 1 may, Mrs. Gordon, I just wanted to point out that once or if the PAD is granted on this s i t e the entire site is encumbered by that PAI). Mrs. Gordon: I know that. Mr. Davis: And if any changes wF're to be made, let's say a change of zoning were enacted on the front part of the property, nothing could still be done with that property unless it were to go hack... Mrs. Gordon: Exactly. ... Mr. Davis; It doesn't mean, I must point out, that this is written in stone as the Mayor is always pointing out. It merely means that if this PAD were to be revised it would have to go hack before the Zoning Board and back before the com- mission for that revision. Mg Mr. Plummer: You've got a double safety. Rev. Gibson: So that you could be sure that you understand just make sure that I; the people who are doing the study for us understand what we are'saying. Do you understand what ? mean? Ok. Mrs. Gordon: i,1- n you are writing ordinances you can write them to protect what- ever needs to DC ucno.. Rev. Gibson: :•I<iame Vice-Mcyar, I'm_ going to offer that with the understanding, the following und.rstandin;: Iv's arms ual that you don't see a host of Coconut Grove people ..own here today. That is unusunl. So evidently most of those people are satisfied. 3eceadiy, the gentleman who "butts the property, whose property abutts this has made his pnsitlon crystal clear and that we have indirectly ins- tructed the staff to take into consideration what was said here. And with that in mind I'm going to offer it. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THi ZONING CLASSIFICATION OF SITE KNOWN AS NE'LY 99.50 FEET OF LOT 9, D.B. "D" - 253, UNPLATTED, BEING 3495 MAIN ll1Gh AY, FROM R-13 (ONE FAMILY) TO R-1 (ONL =AMA L`: NECESSARY CHANGES IN THE ZvU'.G ..; fKi ''_ i'_.DE A PART OF THE SAID ORDINANCE NO. 671, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CON- FLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev, Gibson and Vice -Mayor Gordon NOES: None. ABSENT: Mayor Ferre. JUN - 91976 The City Attorney$id the ordlnanc:e into the publ.i record and announced that copies were nvail.tble to the members of the City Com- mission and to the public. Mrs. Gordon: We now hear Item (h). We have r.erclly covered the discussion on both items in our present;rt ion- so 1 'lorr't think we need any further discussion. May I have a motion on I t ern 6 (h) i The following resolution was introduced by Commissioner Reboso, who moved its adoption: REOLUTION NO. 76-559 A RESOLUTION GRANTING A PE'1'Ii1ON FOR A PLANNED AREA DEVELOPMENT (PAD) AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXI-1, CONSIST- ING OF TWENTY-ONE SINGLE FAMII Y CLUSTER -TYPE UNITS, ON SITE KNOWN AS NE'LY 99.50 FEET OF LOT 9, D.8. "D" - 253, UNPI.ATTED, BEING 3495 MAIN HIGHWAY, BEING 111E EASTERLY 21 UNITS OF SITE PLAN ON FILE, SUBJECT TO PLATTING t)F PROPERTY, ZONED R-1B (ONE FAMILY), PROPOSED TO BE REZONED R-1 (ONE FAMILY) . (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vore- AYES: Mr. Reboso, Rev. Gibson, ?Ir. Plummer and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Fcrre. REQUEST FOR CLOSURE 23e AND VACATION OF STREET WOODLAWN PARK CEMETERY GARDENS SEC,B DEFERRED AFTER DISCUSSION Mr. Plummer: Rose, before you start this I'm going to have to get on the record here. Mr. Lloyd, this is a cemet_er.y. You know I'm in the funeral business, this is a cemetery. Do I have any problem? Mrs. Gordon: well, is there a conflict, Mr. Lloyd? Mr. Lloyd: No, because Mr. Plummer does not have any personal interest in this particular matter involved with the particular matter. He doesn't have a private, personal or professional interest inuring to his private gain in this particular matter so there is no conflict of interest. . Mr. Plummer.: Fine, thank you. Mrs. Gordon: We will now hear Item it 7, proponent, please. State your name and address for the record, please. Mr. Tom Tranthar: Madame Vice -Mayor and commissioners, my name is Tom Trantham. I'm a lawyer. I live in Coral Gables, I practice law at 1600 First National BAnk Building, downtown Miami. My client is Woodlawn Park Cemetery. This matter is before you on application for the closing of a portion of S.W. 33rd Avenue and in particular the dead end of it which means it's a street and the right of way is about 70 feet wide and approximately 105 feet down to the end. Woodlawn Park owns the property to the east of it as you can see on the projection on the wall there, that area in blue that: extends easterly, southerly and westerly of the sub- ject portion of the property. It is all owned by Woodlqwn. Abutting this on the west side facing to the east is a 50 year old termite ridden frame house that is occupied now by an employee, Mr. Don Bradley who works for Woodlawn. There are a number of advantages to Chet city to the c 10-sing of this street. I'd like to point out some o`. those and I'll support rr. tremens later by direct testimony from Mr. Erailey. Wooaiawn owns, «s L mentioned before, the property immediately to the east of the yellow portion there thct is a street. Right at that area they have a service building which is not shown on the sketch but that service building has been the subject of vandalism and burglary on about 8 or 9 occnslons within the past 12 months. The area right there at the dead end and the shrubbery has been utilized by people having desire fur intimacies. It is what we used to call a lovers' lane. It is not entirely desirable. In addition, within the pout week a repetition of a cult ceremony occured there. There has been found dead chickens and beads and all the rest of those odd things including slain goats from time to time. That area provides an access for vandals and persons having; JUN - 9 1976 no right or interest "4. propriety in getting onto theliemises of the cemetery during the dark hours of the night. r.losing off that street would eliminate the access for these activities as well as: providing additional property for the use of Woodlawn. Now each time a burglary occurs we have to call the police. Theoret- ically, and we believe it, in fact, by closing this off we will eliminate a sub- etantial amount of expense in numerous, police calls ove• the years. Additionally that property will go ontl,e tax rolls, it will provide .c revenue from taxer; to the city. These are advantages. tdditionally, the c.tt will no longer be re- quired to maintain and lands are the right-of-ways whima they mow every week. They also will not any longer- have to cr?:lLend with the aroblems of maintenance of the Street and repair of curies and paving. it will eliminate that yellow portion and the yellow would be blue and owned by Woodlawn as a matter of right and law. Mr. Andrews: May l interrup' the speaker, please, madame chairman? I want to make a correction. Father Gibson, the correction is that the map that we have on the wall is not accurately portraying what we want to show. That northern line extends all the way- up to the• edge of the blue area nr,t just south of the alley. It is reflected that way in your books and maps that were furnished you is correct and we're trying to adjust thLs map so yooc do not have the wrong impression of what is being discussed here. Mr. Trantham: Thank you, I didn't catch that either. The lot 7, as I can read now if I stare ra little harder, is the property that is owned by Woodlawn and it is from the northern boundart approximately of Lot 7 extended across the right: -of - way that we're talking about which is a little more than the yellow portion but the dimensions are still the same, approximately 105 X 70'. Is that right, Mr. Andrews? Mr. Andrews: I'm not sure of the dimensions. Mr. Davis: is wrong. The written description in this matter was correct, the map on the wall Mr. Trantham: Yes. As such, that piece of land has no useful purpose. Woodlawn will ultimately tear down that old termite filled house. Mr. Bradley won't live there any J.orge'-. :'d also like to advise the commission that this has been ap- . proved by tho r-.^prupriate deparr.nent of the city and the conditions for this have been estabiiohcu namely tot iayin out r a curb and a turning area at the southerly end of S.W. 33r .venue which Woodlawn la prepared to do, the costs have been sub- mitted and a bond :as been prepared and is available for filing executed by Wood - lawn and Fidelity and Deposit. Company of ..aryland to cover the cost of this item. Mrs. Gordon: Let me see if there is anyone here in objection. Are there people here? Rev. Gibson: Mr. Andrews, maybe you could tell me this, sir. He said that the land he wishes to have turned over serves no useful purpose. •Is that right? I want to ask hLm. See, Mr. Andrews has to protect me because he represents the city. I can't afford to ask you to protect me because you are the guy asking me to do it. You say that that land serves no useful purpose. Is that right? No useful purpose? Mr. Trantham: No practical useful purpose, I qualify... Rev. Gibson: Ok, let me put it the other way - no practical useful purpose to whom? Mr. Trantham: I can't think of anyone, Reverend. As such the only place that it leads to is a dead end and it is right in front of Mr. Bradley's. Rev. Gibson: I'm going to raise a question for. you. Naturally this won't serve any useful purpose to those people whose houses are there may be affected but what does it do for you? Mr. Trantham: It will give Woodlawr the tee simple title to the property, 70 X 100'. Rev. Gibson: Ok, sir, tell me the other thing. How many people you going to be able to bury on that land and what is the price? Mr. Trantham: Well, I'll have to answer you in part. Until and unless this City Commission approves the expansion of the boundaries of Woodlawn Park Cemetery for cemetery purposes to include that property, none. Rev. Gibson: Ok, let me raise it another way as a layman. See, I know you are a lawyer. JUN - 91976 Mr. Trantham: Well, y`! re doing good I'm afraid. Rev. Gibson: Tell me, when I do what you want how much is its value to you? Hots many people are you going to bury on that at what price based on today's market? Mr. Trantham: None right now. Rev. Gibson: No, I'm not worried about immediately. If and should I vote, I want you to hear me counsel. You know you're purposely not hearing me. If and should I vote to do what you want done how many grave spaces will that accord you and what is the value to you? When I say to you I mean your client. Mr. Trantham: You understand we're not asking for that today. Rev. Gibson: Man, you knew thank God I. can look into the crystal ball. That's why the folk elected me. Ok? Mr. Plummer: I want to tell you something else. You know around this place we always make the statement: about things aren't etched in stone but in his business they are. Rev. Gibson: And J. L., here's the thing. 1 want to make sure these people aren't caught in the storm too. Ok? Rose, that lady wants to raise a question. I didn't get my answer, maybe you all have to get It together but I'm going to make sure and come hack to it. Mrs. Gordon: I'm going to let you have rebuttal so just let's hear from the object- ors and see what their point of view is. Go right ahead and state your name and address, please. Ms. Mary Garcia: Thank you. My name is Mary Garcia and I live at 1112 S.W.33rd Avenue. ... We Live right to Don Brantley, the house that is supposed to have termites. Mrs. Gordon: Show us where she lives on the map. INAUDIBLE Mr. Reboso: Not on the corner, then you live in Lot 6. Ms. Garcia: The one right next to the one they claim has termites, the one that the cemetery owns where their employee lives. Now, I don't believe in ghosts hut if there are burglaries going; on there like counselor over here states and the policemen keep coming constantly and it is a dead end street, they have to go past my house. There is no choice. I have never heard in the four years that I've lived there I have never seen policemen go for a burglary and I just can't help but look because if there was any excitement they would have to come right past our front door. That's number one. Intimate ceremonies and dead chickens and all of that - that's untrue. About 3 or 4 years ago people used to come in cars and park and the only reason why they did was because the trees were so long and so they were almost down to the ground so you could even get a car in there and nobody could even see it. But I guess the city must have done something about it and they are periodically cut. That's point number two - there are no intimate cere- monies, we have never seen policemen for burglaries, we have never known anything about it. This is the first time today... Now they claim that the house next door to us is going to be corn down because they have termites. Woodlawn Cemetery has an employee living there and I think it is most unkind of them to have a house stand there for over 50 years ridden with termites and with an employee of them living there. I mean to tell you the truth I wouldn't want to work for anybody who did that. And I know the Bradley's very well and I've gone to their house. (1) It is brick and (2) 1 have never heard of termites so that is a surprise to me. But I do know this, they own the house right next door to us. They can knock down that property any time that they want. Ok? They owned other properties around it except two or three of them I believe. Seee, when we came to the previous hearings be- fore we didn't know they owned any other properties until the chairman kept in- sisting on it and that's when we found out. So obviously to us the purpose is not that they're going to go ahead and it is for the betterment of the city because they are going to save the city money, they're getting an awful lot of free prop- erty so the city is not beneficing. The city is losing. If you really want to get down to it for $2,500 worth of landscaping they're getting an awful lot of property from the city for free. If they cut... Well, they say it is for the good of the public and for the good of the community. If it is for the good of the prop- erty and the good of the community then how come the community is opposed to it? I mean do you think that the community doesn't appreciate it? That's another point. opromI dwgpi 3,�- JUN - :) 1976, Oh, another thing that Reverend mentioned, the purpose. Ever since this started out we've been trying to get a purpose for this. '[hey never gave us one. At the last meeting the chairman kept insisting on one. They said, well maybe they would use it as H storage spare. Well that's a business. Or maybe they would set up a nursery. Well that's a business. A business has no place in a resident- ial area. Wien we bought our Louse there it was because we wanted to live in the general area. We didn't want ti' live, in the cemetery. There will be time enough when we die to live in there. Ok? So we're not concerned about that portion either. ?•'e don''' even nwl a lot. We 'caeci't bought any lots or any plots in a cemetery I'm sorry to say. I really own' t wan: to go there sooner than I have to and I don't want to live inside the cemet.ery when I'm alive. Ok? That's another point. You know the thing about the police and ceremonies with dead chickens, that's another thing I can't_ believe. Ok? And the policemen must be ghosts because we have never seen a cop there in my whole entire life and I've been there for about 4 years. They must he because I've really never seen a cop there. And as far as the burglary gees, well the part that they're claiming has a wall, a solid brick wail. The rest of the cemetery or a major portion of it is surrounded by a fence. You would think it would be easier to get through a fence if somebody was going to steal than it would he through a wall which is what faces pis. They have the house that the employee lives in then there is our house and then there is another house. They want to cut off the street barely to our front door. f mean we can get nut without a helicopter hut we'll have a wall right next door. I believe that they're going to knock down the employee house which is supposed to have the termites, and they've been living there for 50 years with termites but that's beside the point, and they already own all the lots in the back and what I think is that they're going to go ahead and surround us little by little. Now when we chose to live there, this is a free country. If we wanted to live anywhere else we could have found another house somewhere else but I don't think that we should be forced to move or to have to live inside a cemetery because they say it is for the good of the community. I'm also speak- ing for the other people, some of which were not able to come today and some just don't speak Et gllsh :or other re+tsons anu they strongly object to this too. 'They'll have the samc problem. Our property will lose value. Like we rent the house next door. ".s it is we already have trouble renting it because people are afraid of the cemetery unbelievable as it may seem. Mrs. Gordon: Which house next door, honey, the one that's made in red up there or the one in green? Ms. Garcia: We're 6 and the house next to us is 5. There is actually 7, 6 and 8. We live on 6, 7 is owned by the cemetery. Mrs. Gordon: Do you own the corner. Ms. Garcia: No, we don't. We don't own the corner. Mrs. Gordon: You own the one around the corner ... Ms. Garcia: No, cur house is house/duplex. We own two individual houses on one lot and both of then are on lot 6. Mrs. Gordon: Ok. Ms. Garcia: And as far as how tnc property could be useful to anybody, I think it really i only useful to Wood lawn. They keep saying that at this time they don't have eny plans for it, at this time they don't have any plans to put graves in there. But from tite very beginning I suspected they deceived me because they would never give us a reason for why they wanted the... Once I asked them and one of the members of [doodlawn told me that they wanted it because the Cubans all wanted to be together and they ot:gnt to be buried together and if they expanded the lot and since that was an fth Street that would be a good thing for the Cubans I guess once they're dead. L'm noe o,..l; say but one of the members from Woodlawc, told _lc . hi:� _.r.d for ,�e. ...,:t ' .> j u :. unreal, We have never objected, I mean you'd Clio]: that if we had 1:Aur„1<.r...: constantly going on and policemen coming and deed chickens sLc•winup and w.o had a lovers' lane in front of our house, I mean .vc' you think that we, toe peon:le who live there would have called the police L:nd coonplained? You can check the police records and there has never been one single complaint from anybody re;•&rding any of that. So to me, and I strongly believe this and everybody stroo,41y believes this, that this is only for Woodlawn'a purposes. If they want to buy out the property, force everybody to move out at low prices so that they can expand, and in the process they're going to get a lot of free property from the city. As far as a businessman's view, you know I guess if I were in the same place I would try to do the saute thing too but I think it is unfair for the community and it's not favorable for the community because if it were the community wouldn't object to it. Mrs, Gordon: Alright,44hank you very much. Mr. Reboso: Rose, I would like to ask a question to Bob, please. Can you tell me the size of the lot we are talking about, the piece of property we are talk- ing about? Mr. Davin: The size of the street itFiei.f? UNIDENTIFIED SPEAKER: 70 X 102. INAUDIBLE Mr. Reboso: Yes, it's going to the property of Lot 7. Mrs. Gordon: What is the width of the street? Is the width of the street 70 and the depth of it is 100? Mr. Davis: The width of the street is 70' and the depth of it is 102'. Mr. Plummer: This here shows different. INAUDIBLE Mr. Davis: The map is in error.... Mr. Reboso: I can see two errors in that map. Mrs. Gordon: Point to it, bob, exactly where, to what point the 102 takes it. Oh, up to her lot line practically. Ts that it? Mr. Reboso: And the other one is that this lady lives in lot 6 and it doesn't show that she's opposing. Mr. Davis: She did not file a written objection. Mr. Reboso: I see, but Lot 6 should be red also. Mr. Davis! If she had filed a written objection it would be in red. Mr. Reboso: Ok. A typical lot of the City of Miami is 50 X 150, 7,500 square feet. Do you want to tell me we're giving away more or less a typical lot of the City of Miami for $2,500 and they can use that for. business? Mr. Andrews: May I assist the commission. The laws that we operate under provide that if public right-of-way is abandoned it is distributed uniformly among the adjacent property owners. The theory is that those same property or not the owners but the name property gave up that same land for the creation of the public right- of-way. So the exchange is on that theory and the commission has acted over and over again. But I believe you have to weigh is the wisdom of taking this act in relation to what is occuring in that neighborhood. If you make the decision that this is unwise that will end it. If you amke the decision that it is the proper thing to do to close the street then the City Attorney and the law provides how that land is distributed. If there were four lots, as an example, facing this piece of property the property would divide it equally among the four property owners. Mr. Reboso: But in this specific case there is only one lot, lot 7, the one that is facing the street. Right? Mr. Davis: The property surrounding the street that is being closed, by Charter, has to be, there has to be a replat done of the entire area. The ownership, ther.3- fore, in the platting, is established that the owners of the street are petition- ing for that, closure and in this situation Woodlawn Cemetery owns the property on all three sides of the street. So the new plat includes that street portion. I might point out that when we were trying to establish fees for closure of street the Law Department pointed out to us that there's a point to be considered in this is the city is not really the owner of the street, they are the custodian of the street for the general public. So the city is in no position to sell this street. The city is in a position to release its claim on it. Mrs. Gordon: Yes, we understand that. Rev. Gibson: The only person who would really share other than the cemetery would be that lady? Mr. Davis: This lady is not in direct contact with the street that is being closed. k.77 JUN 9 1976 She has no legal right according to our Charter to that portion of the street as a matter of... Rev. Gibson: Alright. So then the ... Let me make it even more ridiculous. The only person to receive benefit is the cemetery. Mr. Davis: Yes, sir, that's true. Rev. Gibson: Ah, that' o-: what i was a:,king counsel. And you know, I couldnt get that answer. Mr. Trantham: 1 thought I made that real clear at the opening remarks that the property would become the property of Woodlqwn when the street was closed. Rev. Gibson: Ok, tell me, let me ask it another way now that the lady has enlight- ened me and Mr, Davis and the rest of us. What would that be worth to Woodlawn Cemetery ir, 1976 based on today's market? Mr. Trantham: I have no idea. Rev. Gibson: Where is the owner? Mr. Trantham: Where is the owner? Rev. Gibson: Yes, sir, the people you represent. Let them tell us. Mr. Charles Sharp: My name is Charles Sharp, I'm the President of Woodlawn Park Cemetery and I reside at 1866 Tigertail. Reverend Gibson, I don't know how to answer your question because all we can do with it right now is use it as addit- ional access to the other property we own, grow a little nursery stock there and so forth. So we can't bury people on it so you're asking what would it be worth if we could bury people on it. We can't. Rev. Gibson: Alright, :'ir, I hear you. I understand. Mr. Plummer: Bob, to the south of Lot 7 it shows open. Mr. Davis: This is ownership by, this is a portion of Lot 8 which is owned by the cemetery. It should have been colored in blue but it's not. Mr. Plummer: So it's not an alley. Mr. Davis: ...part of the lot. Mr. Plummer: Alright, let me ask this question, and I'm not trying to deviate. what your objection is is the fact that you don't want to look at a wall. Is that your basic? Ms. Garcia: No, sir, it's not the fact that I don't want to look at the wall. As you can see by this map it's not very accurate. The original plan wasn't very accurate either. We didn't even show as opposing it, we came to the previous time and we said it's not the wall itself, what we object to is that all along I myself have suspected foul play. I have never been explained anything. Everytime that we have tried to get something from them the answers have been very evasive as you can see here. We directly questioned them and ask them direct questions and they can't answer it. Mr. Plummer: But wait a minute, I'n trying to get down to the bottom line. What is your objection other than that y3u can't get information? Ms. Garcia: Our objection would be that if this is cut off and they plan to knock down the house on Lot 7 and we're o-i Lot 6 they'de going to close that street. Actually, all we will be able to do is get out of the front door. I don't think they're going to put a wall because the rest of the stu:f has a fence. Mr. Plummer: How else can you get )ut_ now? The front Boor. Na. Garcia: Ok, we go through the'rn:►t door and we, 1 can't tell you in te, amount of feet but it would be at Last 5 or 6 car lengths and we can go around and then we have the front which is completely free. Ytu really can't see that until you see it. It is like two reads, a two-way street and they have trees in the center and when we came out we :ome out of our parking lot and we can make a right, go down and go around it. And this way you can't. I mean if you ever make a real sharp right you're going to eo right into the wa]1 or a fence or a cemetery ■AI I I II®IIiII®I®'' 1111=1111111'I' I i kaki - 9 191k 4 4 because you don't have room to move. It's just like o ey were pressing you and forcing you to become into a little area. And then if they plan graves later on we would have to be looking out our window would he the graves or a storage house or a nursery or something like that which is business. INAUDIBLE Mr. Plummer: Madame Vice -Mayor, I'm going to make a motion at this time that this item be deferred. Can you have it on the l7th, Paul? Ok. To the 17th of June and in the interim that a meeting be held by the cemetery explaining in de- tail to all these people exactly what they have in mind and what the plan on doing together with giving myself and the rest of the commission the opportunity to go and look at this site and that we defer action on this until the 17th agenda. Mr. Davis: There is a problem of renotifying the people in this amount of time. Mr. Plummer: I'm deferring it, a continuation. Ok? Well, can you do it by the 17th? Miss Tatun, how much problem have you got if this was delayed until July 1? Mr. Tratham: None. Mrs. Gordon: The purpose for the deferment, I... Mr. Plummer: The cemetery in the interim shall hold a meeting asking all of these people to attend. Mrs. Gordon How many people are here on this item? Raise your hands, please. Mr. Plumper: Asking all these people to attend so that they can get their answers and we, the commission can go look at that parcel as it exists and come back up July 1. Mrs. Gordon: They can meet with tha applicant, is that what your plan is? Mr. Plummer: Well, I'm thinking that the applicant is going to hold the meeting. It's going to be up to him. Mrs. Gordon: Why don't we ask the people, Manolo, if you want to in Spanish to leave their names so that he knows who to contact. Mr. Trantham: Please, names, addresses and telephone numbers. Thank you. Mr. Reboso: Nombre de telefor.o et direcciun, por favor. Rev. Gibson: If the piece of land I saw is the land we're talking about I thought there was some circular drive of a kind out there. UNIDENTIFIED SPEAKER: Well, it's proposed, a cul-de-sac here. Rev. Gibson: No, now. Isn't that right? Mr. Trantham: There is a turn around at the end of the avenue now. There is another one which would be put in if this were to he granted. Rev. Gibson: Ok. All I'm saying to the commission, that that map does not tell you what those people are saying. Mr. Plummer: Well that's why I want to go look at it. Rev. Gibson: And let me say, Mr. Davis, to bring that map back here and don't have that turn around in there is not fair to the commission nor is it fair to these people. Mr. Davis: I promise you that the map will have several corrections on it. Rev. Gibson: Please, and bring the turn around because I went out there and saw it and that's what convinced me that I needed to talk the way I'm talking. Ok? Right. Mr. Plummer: I make that in the form of a motion. If I get a second. W. Reboso: I second the motion, always if commissioner asks for a deferral it should be granted. '39 JUN -91976 The following motion was introduced by Commissioner Plummet who iileVed its adoption: MOTION NO. 76-560 A MOTION To DEFER TO MELTING OF JULY 1, PROPOSED CLOSURE OF A PORTION OF S.W. 33RD AVENUE S. OF S. W. 11TH STREET IN CONJUNCTION WITH TENTATIVE PLAT #949 - "WOODLAND PARK CEMETERY GARDENS SECTION B", APPLICANT TO MEET WITH OBJECTORS IN ATTEMPT TO RESOLVE DIFFERENCES Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following; vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon NOES: None. Absent: Mayor Ferre. 24$ COMMUNITY DEVELOPMENT FUNDED SOCIAL SERVICE PROGRAMS Mr. Andrews: Mr Mayor and members of the Commission, you will recall that we went through a process of providing in our application to the federal government a certain amount of dollars to be expended on social service programs through the community development program. You went through a process of listening to what those programs should be about, the allocation of funds. This was all included for the commission's direction in the application. The application has been approved but you put one qualification on this program and that is that you wanted to see the final program as you have delineated before any expenditures were made. We are ready to make those expenditures and advance the moneys for the various programs as outlines in the pack of information ;:hat was submitted to you on June lst. If you have any questions, we are prepared to answer those, but everything is in accord with the task force chairmen who made their presentations, the dollars that were allocated, the purpose for which the money would be spent, on the anticipated services and the one stipulation that the commission wanted to see this once again before we released any money. We bring this to your attention and on your ratification we will go ahead and, Mrs. Gordon: : have a question to you Mr. Andrews and 1 am sure you have the right answer. I am not taking any position on any programs lying before ---only on a method of approach. I would like to know whether you have this kind of information as to whether or not, other funds are being provided for each and everyone of these programs and by whop and what amount. Mr. Andrews: Our staff has that information and Ms. Spillman can answer some of those questions. Ms. Dena Spillman: 1 don't have the information with me as to by whom and in what amount, but I can get that. Mrs. Gordon: You do have it though, and in your analysis of funding, you took all of that into considerations. Ms. Spillman: Some of these are jointly funded with the county. Mrs. Gordon: I know that and maybe United Way is involved in some, I am not sure, or other agencies perhaps. In my opinion.it is important information to have, and if you already have it, fine. I think at your convenience you ought to furnish that to us. Mr. Andrews: We certainly can. Mrs. Gordon: Does anybody want to speak on this? JUN 25, ACCEPT COMPLETED WORK The following motion was introduced by Commissioner Plummet who moved its adoption: MOTION NO. 76-561 A MOTION APPROVING FUNDING OF COMMUNITY DEVELOPMENT SOCIAL SERVICE PROGRAMS AS PRESENTED TO THE COMMISSION THIS DATE Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon NOES: None. Absent: Mayor Terre. ADJOURNMENT: The City Commission adjourned for lunch at 12:30 o'clock P.M. The City Commission reconvened at 2:45 o'clock P.M. with all members present except Mayor Ferre and Mr. Reboso. PARKS -SHELTERS & COMFORT STATIONS 1975 The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-562 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY AD•-A-LITE ELECTRIC, 1NC. AT A TOTAL COST OF $34,822.36 AND AUTHORIZING A FINAL, PAYMENT OF $3,540.74 FOR PARKS - SHELTERS AND COMFORT STATIONS-1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre.Mr. Reboso 26, ACCEPT COMPLETED WORK - DRAINAGE PROJECT A-5 The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-563 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY IRPCO PAVING CO., INC. AT A TOTAL COST OF $25,184. ANI) AUTHORIZING A FINAL PAYMENT OF $2,518.40 FOR DRAINAGE PROJECT A-5. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) W JUN - 9 1976 Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer. NOES: Nonc. ABSENT: Mayor Ferre. Mr. Reboso. 27, CANCEL COVENANT FLOYD'S GROVES ESTATES 3RD ADDITION The following resolution wa; introduced by Commissioner Gibson , who moved its adoption: RESOLUT ON NO. 76-564 A RESOLUTION CANCELLING A COVENANT TO RUN WITH THE LAND POSTPONING TUE IMMEDIATE CONSTRUCTION OF ASPHALTIC CONCRETE PAVEMENT (REMACADAMIZE) ON THE PORTION OF THE STREETS ABUTTING 11.OYD'S GROVES ESTATES 3RD ADDITIONA(83-56) (Here follows hod) of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. (Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor r' Er re . Mr. Rehoso . BAYFRONT PARK AUDITORIUM JULY 1/ 28, WAIVE RENTAL FEES ANNUAL POLICEMEN'S BALL- MIAMI COMMUNITY , P,B4O The fo11m7ing resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-565 A RESOLUTION WAIVI'G THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON JULY 17, 1976 FOR THE ANNUAL POLICEMEN'S BALL, SPONSORED BY THE MIAMI COM- MUNITY POLICE BENEJOLENT ASSOCIATION, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY (Isere follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the re:,ol.utic,n was passed and adopted by the following vote: AYES: Mrs. Gordon, Rov. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. yr. Reboso. 9, WAIVE RENTAL FEES MARINE STADIUM GREATER MIAMI PHILHARMONIC SOCIETY INC. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-566 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF MARINE STADIUM BY THE GREATER MIAMI PHILHARMONIC, FOR FIVE SUMMER CONCERTS, ALL ON SATURDAY NIGHTS ON JUNE 26, JULY 10, AUGUST 7, 21 AND 28, 1976, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, ELECTRICITY AND OTHER DIRECT COSTS BORNE BY THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon passed and adopted by the following vote: AYES: Mrs. Gordon, REv. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. the resolution was 30. AWARD BID - DATA BASE MANAGEMENT SYSTEM The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 76-567 A RESOLUTION ACCEPTING THE BID RECEIVED FROM CINCOM SYSTEMS, INC. FOR FURNISHING A DATA BASE MANAGEMENT SYSTEM AT A TOTAL COST OF $17,500. WITH FUNDS PREVIOUSLY ALLOCATED FROM THE POLICE CRIME PREVENTION FACILITIES BOND FUND-MIAMI MODERN POLICE HEADQUARTERS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, REv. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Perre and Mr. Reboso. JUN - 91976 3L AWARD BID - CENTRAL DRAINAGE PROJECT E-37 The following resolution was introduced by Commissioner Plummer y who moved its adoption: RESOLUTION NO. 76-568 A RESOLUTION ACCEPTING THE BID OF DICK MORTON, INC. IN THE PROPOSED AMOUNT OF $99,912.75 FOR THE CENTRAL DRAINAGE PROJECT E-37; ALLOCATING THE AMOUNT OF $99,912.75 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUNS" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $10,990.40 TO COVER THE COST OF PROJECT EXPENSES; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,998.85 TO COVER THE COST OF SUCH ITEMS AS ADVERTISTNG,TESTING LABOR- ATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, REv. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. CONFIRMING RESOLUTION ON PREVIOUS MOTION URGE METRO TO FORWARD TO SOUTHERN BELL ITS ORDER FOR 32. INSTALLATION OF „ „ 9 1 EMERGENCY SERVICE FACILITIES The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 76-569 A RESOLUTION URGING METROPOLITAN DADE COUNTY TO IMMEDIATELY FORWARD TO SOUTHERN BELL TELEPHONE COMPANY ITS ORDER FOR INSTALLATION OF "911" EMERGENCY TELEPHONE NUMBER SERVICE FACILITIES IN ORDER TO IMPLEMENT THE PLAN SUBMITTED BY THE CITIES OF CORAL GABL)S HIALEAH, MIAMI, MIAMI BEACH AND METROPOLITAN DADE COUNTY WHICH WAS APPROVED BY THE STATE OF FLORIDA ON DECEMBER 2, 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer NOES: NOne. ABSENT: Mayor Ferre and Mr. Reboso. who JUN -9197 CONFIRMING RESOLUTION ON PREVIOUS MOTION 33, RECOGNIZE PLAN OF MRS,LEWIS ROSENSTEIL BICENTENNIAL PILGRAMAGE The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-570 A RESOLUTION RECOGNIZING THE PLAN OF MRS. LEWIS ROSENSTEIL FOR A BICENTENNIAL PILGRIMAGE TO EUROPE THIS YEAR BY MEMBERS OF THIS COMMUNITY TO BISIT BATTLEFIELDS WHERE AMERICAN SOLDIERS HAVE FOUGHT AND DIED FOR THIS CAUSE OF FREEDOM AS A FITTING AND APPROPRIATE OFFICIAL BICENTENNIAL FUNCTION (Here follows body of resolution, omitted here and on file In the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES:Mrs. Gordon, Rev. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Fcrre and Mr. Reboso. CONFIRMING RESOLUJTION ON PREVIOUS MOTION 34, RATIFY ACTION OF FOWLER, ETTINGER, POTTER & HART CITY MANAGER FEASIBILITY STUDY OF WATSON PARK The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 76-571 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN NEGOTIATING AND EXECUTING A CONTRACT WITH THE FIRM OF FOWLER, ETTINGER, POTTER & HART OF ORLANDO, FLORIDA, FOR THE PURPOSE OF PER- FORMING A FEASIBILITY STUDY OF THE DEVELOPMENT OF WATSON PARK (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES:Mrs. Gordon, Rev. Gibson and Mr. Plummer. NOES:None. ABSENT: Mayor Ferre and Mr. Reboso. who JUN • 91976 36, NOMINATE COMMISSIONER J,L,PLUMMER CONFIRMING RESOLUTION ON PREVIOUS MOTION 35, WAIVE PAYMENT OF COSTS GOLDEN GLOVES TOURNAMENT 1976 INCURRED BY THE CITY The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-572 A RESOLUTION WAIVING THE PAYMENT OF TH COSTS INCURRED BY THE CITY IN THE AMOUNT OF $2,882.11 IN CONNECTION WITH THE GOLDEN GLOVES 1976 TOURNAMENT OF CHAMPIONS HELD MARCH 24 - 27, 1976 (Here follows body of resolution, omit:ed here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, REv. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. CONFIRMING RESOLUTION OF PREVIOUS MOT, BOARD 0" DIRECTORS OF GREATER MIAMI TRAFFIC ASSN, The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-573 A RESOLUTION NOMINATING COMMISSIONER J.L. PLUMMER, JR. FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE GREATER MIAMI TRAFFIC ASSOCIATION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF COMMISSIONER MANOLO REBOSO (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote: AYES:Mrs. Gordon, Rev. Cibson and Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. JUN - 9 tfl5 CONFIRMING RESOLUTION OF PREVIOUS MOTION 37, CHANGE DATE OF REGULAR CITY COMMISSION MEETING to JUNE 17, 1976 The following resolution was Introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-574 A RESOLUTION CHANGING THE DATE OF THE REGULAR CITY COMMISSION MEETING OF JUNE 24 , 1976 TO JUNE 17, 1976 (Here follows body or resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Mrn. Gordon, Rev. Gipson Mr. Plummer. NOES: None. ABSENT:Mayor Ferre and Mr. Rebuso. CONFIRMING RESOLUTION OF PREVIOUS MOTION 38. APPOINT REYNA PADILLA TO YOUTH ADVISORY BOARD The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-5 7 `) A RESOLUTION APPOINTING REYNA PADILLA AS A MEMBER OF THE CITY OF MIAMI YOUTH ADIVSORY BOARD (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES:Mrs. Gordon, Rev. Gibson, Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. CONFIRMING RESOLUTION OF PREVIOUS MOTION DENY CHANGE OF ZONING PROPERTIES FRONTING ON ADJACENT TO 39. BISCAYNE BAY FROM OSCEOLA CANAL TO BUT NOT INCL. MERCY HOSPITAL Me following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-576 A RESOLUTION DENYING THE CHANGE OF ZONING CLASSIFICATION FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-3 (LOW DENSITY MULTIPLE) FOR PROPERTIES FRONTING ON AND ADJACENT TO BISCAYNE BAY FROM OSCEOLA CANAL TO, BUT NOT INCLUDING THE MERCY HOSPITAL PROPERTY (HALISSEE STREET, EXTENDED) ALL WITHIN THE COCONUT GROVE AREA 0 MIAMI. 7 JUN - 9 1976 (Here follows body oI renolukiun, omitted Isere dfl;tl on file in the Office of the City ;;lerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mi. Reboso. "AFRICAN SQ ARE" DIRECT DIRECTOR OF FINANCE JOHN R, FARRELL, P,A� PARCEL 7095,3 40, TO PAY FEES AND COSTS ATTORNEY FOR OWNER 0 CONDEMNATION ACTION CITY VS GISELLE FASHIK The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-577 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY ATTORNEY'S FEES AND COSTS IN THE TOTAL AMOUNT OF $<<,145.60 TO JOHN R. FARRELL, P.A., AS ATTORNEY FOR THE DEFENDANT -OWNER OF PARCEL NO. 7095.3 ARISING FROM A CONDEMNATION ACTION, CITY OF MIAIII VS. GISELLE FASHIK, ET AL.. CASE NO. 74-21840, a/k/a AFRICAN SQUARE; AND FURTHER AUTHORIZING AND DIRECTING THE ALLOCATION OF SAID FEES AND COSTS FROM THE PARKS FOR PEOPLE BOND FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. DIRECT DIRECTOR 41, OF FINANCE TO PAY FEES AND COSTS JOHN R. FARRELL, F.A. ATTOCINEY g TY VS, PATTERSON,1TETNALCTION The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-578 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY ATTORNEY'S FEES AND cosrs IN THE TOTAL AMOUNT OF $28,47 .47 TO JOHN R. FARRELL, P.A., AS ATTORNEY FOR THE DEFENDANT-01.h k OF PARCEL NO. 7093-B ARISING FROM A CONDEMNATION ACTION, CITY OF MIAMI VS. PATTERSON, ET AL., CASE NO. 75-1096I.; AND FURTHER AUTHORIZING AND DIRECTING THE ALLOCATION OF SAID FEES AND COSTS FROM THE PARKS FOR PEOPLE BOND FUND �� JUN - 9 1976 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. the resolution was 42, CHANGE CITY COMMISSION DATE 1ST MEETING IN JULY TO JULY 1 The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. /6-579 A RESOLUTION CHANGING THE DATE OF THE REGULAR CITY COMMISSION MEETING OF .JULY 8, 1976 TO JULY 1,1976 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. 43, AUTHORIZE AND DIRECT CITY MANAGER M IR,P!E@I III ! I I ATTEMPT TO NEGOTIATE CHANGE OP DATE FOR USE MIAMI STADIUM T0 AC OMODATE ANOTHER REVENUE PRODUCING ROCK UONCERT Mr. Andrews:The City Commission on May 27th adopted Resolution 76-527 waiving the rental fee for the use of the Miami Stadium on August 8, 1976 for a public concert sponsored by Marantha Academy subject to payment of event personnel, insurance, electricity, and other direct cost borne by the City. In other words this was a resolution to provide for free use of the facility for that purpose. We have since that time, and in recent days, had a request from a promoter who has a popular rock concert group identified 'WHO', I understand they are very popular. They wanted to use the stadium on August 8 & 9th and it is anticipated from everything we can project that there would be $15,000. revenue to the City on the 8th and as much as $10,000. revenue on the 9th. So there potentiality of $25,000. income to the City clear of our expenses. We have communicated with Mr. in an effort to try to get him to arrange for another date. He rc!fuses to do so, from what I understand and I am asking, I will assume responsibility for this at this time, that the City Commission rescind this resolut on or 7iodify the resolution providing that they can secure, and we will make a;rangements for them, secure the same facility at a different date. so we may accomodate this rock concert and take advantage of this. And henceforth I am going to recommend to the Commission when we adopt these resolutions of providing for these free uses, that we at least be given the latitude to within two weeks of the event, providing there is no real hardship created as a result of changing the date, to provide for those kind of events that are willing to use our facilities and provide the necessary rental and income to the city. JUN - 9 1976 Rev. Gibson: I. hear what you ',ay and i am in sympathy with your position, The only thing Ls when people co'u here and we take a pustion, and they go out, relying upon that. Mr. Andrews: I understand 'hat. REv. Gibson: I hops there is n way of doing it, I would hope there is a way of making the provision as you have indicated, as it does make sense, and it is economically advisable. however 1 hate to put it on these people. I would hope there would be an amicable understanding and agreement for a change for them, and if we can, 1 would be opposed to doing it to them, only because people will say you can't depend upon those people. Mr. Andrews: May f recotrtment that the commission adopt a motion so I have the concern of the commission so that when we deal with these people, that it will a strong indication to them that: you have asked the City Manager to try to work it cut with them so we can uccomodate both events. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 76-580 A MOTION AU1HORIZING AND DIRECTI.IG THE CITY MANAGER TO MEET WITH PERSONS GRANTED FREE USE OF MIAMI STADIUM BY RESOLUTION 76-521 IN AN EFFORT TO NEGOTIATE A CHANGE IN THE DATE OF USE IN ORDER TO ACCOMODATE A PLANNED USE OF TH: STADIUM BY A REVENUE PRODUCING ROCK CONCERT WH "CH CONFLICTS WITH THE DATE GRANTED BY RESOLUTION 76. 527 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Rebuso, Rev. Gibson Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. ESTABLISH THE POLICY OF THE COMMISSION -WHEN FEES ARE WAIVED FOR USE OF CITY OWNED FACILITIES, THE PERSON OR GROUP SHALL 44, BE ADVISED FREE USE IS CONTINGENT ON POSSIBLE CHANGE OF DATE WITHIN A PERIOD OF TWO WEEKS Rev. Gibson: Madame Vise -Mayor, I would like to offer, the sense of the recommendation of the Manager in the form of a motion, that from henceforth whenever we vote to give anybody our facilities or use free, that it is the understanding and wish of this commission, that should be have to change, pro- viding the two weeks notice and all that, you could word that, we could pass such a resolution? Mr. Andrews: Yes. Mr.l'lummer: i'll :,econd it btt it is going to cause chaos. Mr. Andrews: No, it won't. Mr. Plummer: It is fair, don't get me wrong. I'm seconding the motion now under discussion. You give somebody the right to tse the facility, they have tickets printed up, they make arrangements for certain dates, here up to two weeks before the event, yo•t can pull the rug from underneath them. Rev. Gibson: You are saying ''hat I was of r,,:'1 of. I world hope• 1 f the city ever came to that point, the the City would ;e;•tune the (mat. '.'nu cntt't to this to the people without ootm reasonable ad justnta Ott. Mrs. Gordon: Mr. Andrews do ;ou think it would he better if we had a longer period of time, say :if) deys. At least I',ive people ,another chance to find another location. frf Mr. Plummer: I can see the people from Cabaret and all of those coming SUN - 9 1976 up here and saying hey, ----- Mrs. Gordon: Two weeks is very Little. Rev. Gibson: Not only that, J.L. let me tell you when I spoke earlier what I was afraid of. Some outfit found out that that is a desirable location, then know perhaps, this is a big thing, and they object to people, ----it is risky. Mr. Plummer: I'll tell you how to eliminate it, quit waiving the fees. REv. Gibson: As much as I want to do it, we have to have some good will. Mr. Plummer: I am sure we will have to change the motion. REv. Gibson: Let'r, try it. Mr. Plummer: I think you have less requests for waivers. If they don't have a guarantee, and they know that from the minute they Paul, when people come for waivers, I hope they understand, this is now attached. I can imagine somebody coming down here with a thousand tickets sold, here in 15 days we pull the rug from under them, I want them to know that when they ask for the waiver. Mr. Andrews: It is in the resolution. Mr. Plummer: Put it as part of the application for the waiver. Mrs. Gordon: Put it on the form. Mr. Plummer: When they do, in effect you are going to discourage a lot of people. Maybe that is good. Rev. Gibson:J.L. when they write the resolution, I hope as you print it, that you block it off, so that everybody would read and make sure, to beware, and read it. Mr. Plummer: Let me give you en example of what you are saying. There is a certain boat race that this city has participated in for 5 or 6 years and now it has become a very successful boat race. WE had some vibrations this year that somebody else wanted to come in and hold a boat race prior to that, at the same facility, after the city had sponsored, nurtured, and everything. Rev. Gibson: I don't think they ought to do it J.L. It is bad to put the burden on these people. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 76-581 A MOTION ESTABLISHIN, THE POLICY OF THE CITY COMMISSION THAT HENCEFORTH ANY PERSON OR GROUPS GRANTED FREE USE OF CITY FACILITIES SUCH AS STADIUMS, AUDITORIUMS, PARKS, BANDSHELLS ETC. BE ADVISED THAT SUCH FREE USE IS GRANTED CONTINGENT UPON POSSIBLE CHANGE BY THE CITY ADMINISTRATION OF DATE OF USL WITFHIN A PERIOD OF TWO WEEKS OF THE SCHEDULED EVENT Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES:Mr. Plummer, Mr. Reboso, REv. Gibson, Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. JUN • 91976 3-DAY CARE CENTERS 3 CITY PARKS 4Si AWARD BID - CATERING SERVICE OF FOOD Mr. Andrews: Another resolution I have, is a r.e.olution accepting the bid received from Marriott Corporation for furnishing food for 3 Day Care Centers for a period of one year at cost of $20,160. Mrs. Gordon: I have a question on that Mr. Andreas. The Day Care Center committee feels that they could save money and serve possibly better food to the children if they cooked in-house and they do have facilities in each of the centers. If we pass this, that would be for what period of time? For another year? Mr. Howard you heard the resolution that has been proffered to us, what is your opinion on it? Mr. Howard: We have been investigating the possibility of utilizing cooks but at the present time we feel we would like to go through one more year because we don't have all the facilities right now, that a cook would need. Mrs. Gordon: YOu might have in a year, but not now? Okay, thank you. Rev. Gibson: Experience will show you that those professionals because they cook meals, do it cheaper, you are sure it is going to be there at a certain time. They have the staff. Mr. Plummer: I make a motion that the parks department no longer consider doing their awn cooking, that it be put out for bids as usual. I make that in the form of a motion. Mrs. Gordon: We have a resolution, let's pass it. Mr. Plummer: I want him to quit thinking about going into the cooking business. Mrs. Gordon: He isn't thinking J.L. The committee did the thinking and I don't think we should preclude them from thinking.Let them think. The following motion was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-582 A RESOLUTION ACCE}'TINC THE YID RECEIVED FROM THE MARRIOT'JCORPORATION FOR FURNISHING FOOD FOR 3 CITY DAY CARE CENTERS IOR A PERIOD OF ONE YEAR, AT A COST TO THE CITY OF $2(,160. AND AUTHORIZING AND DIRECTING THE CITY MANAGER '10 ISSUE A PURCHASE ORDER FOR THIS FOOD FROM THE FUNDS PROVIDED IN THE 1975-76 FEDERAL R}:VENUE SHARING FINDS Upon being seconded by Rev. Gibson, the resolution. was passed and adopted by the following vote - AYES: Vice -Mayor Gordon, REv. Gilson, Mr. Raboso and sir. Plummer. NOES: None. ABSENT: Mayor Ferre. JUN-91976 AUTHORIZE INCREASE MIAMI MODERN POLICE HEADQUARTERS 40i IN SCOPE OF WORK TRANSFER $30,000 FROM INCIDENTAL ACCOUNT Mr. Andrews: The next: thing 1:+ a resolution authorizing nn increase in the scope of the modernization of the police project, building contract by $30,000. and transferring funds from the incidental, Mr. Plummer: I'll move i t,--- Mr. Andrews: ----let me teL1 the c:mtmission, allocation for this project. This is to complete some work that we final that is needed in the range of the new building. There is some insulation work that must be achieved. The following motion was introduced by Commissioner Plummer, who moved its adoption: W:SoLUT ION NO. 76-583 A RESOLUT iON AI'TI,OR I ? I NC AN INCREASE IN THE SCOPE OF THE MIAMI MODERN POLICE i'I,PAZTMENT HEADQUARTERS BUILDING CONTRACT BY $30,000. ANI) TRANSFERRING FUNDS FROM THE INCIDENTAL ACCOUNT I:7 ABL I SH ED IN THE ORIGINAL ALLOCATION FOR THIS PROJECT (Here follows body of resolution, omitted here and on file in the Cite Clerk':; office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote - AYES: Vice Mayor Gordon, Rev. Gibson, Mr. REboso and Mr. Plummer. NOES: None. Absent: Mayor Ferre. 47, BUDGET PREPARATION- BRIEF DISCUSSION Mr. Andrews: I transmitted a budget procedure memorandum to the City Commission and I didn't want to prompt the commission in case there is any question you wish to raise about that memorandum, I'll be glad to answer it. Mr. Plummer: I think that is an excellent idea. Mr. Andrews: This process •bill give the commission an opportunity to have input in before the Manager releases it at a later date. It will likely turn out you will like this procedure so much that will probably become a way of operating in the future. DISCUSSION 48. APPOINTMENT AT LIASON ATSPALMETTOBLE NEXPRESSWAYON OF NEW LOCATIONADIUM The other thing I wanted you to be aware of,I communicated as a result of telephone calls from Mr. Woody Kepner who is the public relations firm that has been selected by the Benson Properties, in their pursuit of trying to put together a plan for a new stadium at or near the Benson properties along the Palmetto Expressway. Their request of the city was that they recognize the City's interest in the Orange 3owl, hut there are certain kinds of information they need from the city with r ference - our operation, that they want to evalute in terms of the 26 staciu-r, the'. are serving around the country. They want me to appoint a person who would ar.-e ,as liaison to that committee, that they formulated in order to get this information. 1 was reluctant to make such a commitment, although I would se.? he need to do so because I think we shouldn't just ignore what they are trying to achieve in coming up with a feasibility study. We would at least know for sure what is taking place, but I did not want to do that without the commission, knowing about it, so there was absolutely no mis- understanding that we were moving ahead with our Orange Bowl improvement program and our Orange Bowl improvement plans. I told Mr. Kepner, that I would not make such an appointment to a person who could be contacted for information without the commission knowing about it. (no page 54) s� JUN - 9 1976 Mr. Plummer: Who did appoint? That will have bearlirg on it. • • Mt. Andrews: My intention would he to appoint Mr. Andrew Crouch to that position. Mr. Plummer: You want a motion? Mr. Andrews: No, it is not needed. I want the commission to be aware of it. I want to make sure there i.- no misunderstanding. that because we are participat- ing in some way by furnishing information that we might have that creates in a community an attitude that we have joined them accomplishing a new stadium at another location. Rev. Gibson: Joining who? Mr. Andrews: Joining the Benson Property owners and affiliates in achieving a new stadium at the Benson Property location which is near the Palmetto Expressway. I felt it was important to have this understanding with the commission so that the news media or anyone else would not misunderstand the city's role in this matter. Mr. Plummer: Now, before we get into the regular agenda, Mr. Andrews, I'm not upset but I am a little lcary and I should Lave spoken. to you about this before. I read in the paper where .The Robbie is going to start selling tickets out at the Orange Bowl. Where is he going to sell tickets to? Mr. Andrews: If you will be patient, 1 have a complete plan laid out which in- cludes taking ads in newspapers with reference to notice the public in the event this does not materialize. Mr. Plummer: When are you going to bring it up? The next meeting? Mr. Andrews: Yes, if you wish. I can discuss it t`ully with you at the next meeting. Mr. Plummer: I don't want 54,000 season ticket holders sitting in these chambers telling us that we're a bunch of had guys because we haven't done anything. I'll be glad to give you the latitude until the next meeting if you guarantee me by the next meeting we'll have something accomplished. Ok, I'll withdraw. 49, GENERAL OBLIGATION BOND ISSUE DISCUSSION Mr. Anaretrs: I vould iine to recce., c'n-' to the Cit' Commission that we proceed with the proposed General Obligation Bond issue on a slightly different basis than that which you have asked that the City Commission begin formulation for. We talked originally about $1.00,000,000 bond issue. I'm concerned and I think some of the canmiesion have expressed concern that perhaps a $100,000,000 bond issue at one time is just a little too great. And I'm recommending that the City Commission give serious consideration to a $40,000,000 bond issue and that would include three subjects; $25,000,000 for sanitary sewers, $5,000,000 for improving our fire fighting facilities and $10,000,000 for street lighting. As you are aware we are in a process of completing our negotiations and will, if we have not already received bids for the first one square mile of street lighting in which we will change the manner in which we are providing street lighting in the City of Miami and do it on the basis of a capitol improvement and we would own the facilities and all we would purchase from Florida Power and Light Company is actually the electrical energy. That's this whole matter that Mr. Weiss, the attorney that has been coming before the Commission. He's been complaining more recently as to the slow progress that we've made but we have made steady progress and we're just about ready to receive the first bids. Mr. Plummer: Will the 5 million for street lighting complete the program? Mr. Andrews: Ten million. No, it will not, about half of what yet remains to be accomplished. Mr. Plummer: Paul, I think you're making a mistake. All I'm saying to you is that we made a promise to the people and I don't want to go now and try to pass a bond issue and then turn around and go back to the people again and say, "Hey, we need more." Now my personal opinion is people of this community have expressed themselves overwhelmingly and still will have the opportunity to say yes or no as it relates to sewers, to the fire and to the street lighting. I would like to see that we do the entire package at one time so that we can live up to the commitment JUN - 9 1976 to the people and do the entire project and get it finished. Mt. Andrews: Alright, then whit_ you're saying is increase that to the $20,000,000. What you're suggesting then is that we would sell or get .authorization from the public to provide for a $20,000,000... Mr. Plummer: And I make that distim t inn that we get the allocation of the total $100,000,000 but we don't necessarily have to implement it all at one time. All I'm saying is let's live up to the commitment to the people. That's what I'm say- ing. Mr. Andrews: You'd better discuss this with the rest of the commission. I want to do what the commission would like to do and this gets to be a political judge- ment more than it does an administrative judgement as to whether you go with a 40, 50 or $100,000,000 bond issue. Mr. Plummer: Paul, we promised the people that we would fully sewer this city by 76. It's not going to be accomplished because of money. We promised the people we would have this city street lighted 100%. It's not accomplished because of the money. The fire stations nobody is going to quibble about. The only thing I'm questioning is $5,000,000 adequate to bring all of our stations up to... Mr. Andrews: No, you'd need $1.0,000,000. Mr. Plummer: All right. Paul, 1 say to you just because you pass a $100,000,000, how much did the county In the Der.ade of Progress? $400,000,000. Ok. Now they haven't soul all of those bonds at one time to create a hardship of impact. We don't have to do it either. What 1'rn saying is don't go back to the people. Let them give you autlrori.z.iation in the referendum which I say they have already done and let's get the thing passed so that we can implement it and get it finished. That's one person's opinion. I'll make a motion, I've already made it. I'll be glad to make it again unless somebody wants to cotramand the former resolution that we putt up $100,000,000. Now excuse me, let me get it fully understood, that $100,000,000 will complete the program, those three items. Right? Ok. This is what the people wart. INAUDIBLE Mr. Plummer: That's right. Let me tell you something, Paul, there isn't a week that goes by that I don't have five calls, ten calls - why don't we have the yellow street lights, why does somebody else have them and we don't? How many times do you receive calls and say, "Hey, I want to do this and I can't, the sewers aren't in"? And I don't think anybody is going to quibble about the Fire Department. Mrs. Gordon: Mr. Andrews, are you planning on put all this into one item on the ballot or three separate items? f Mr. Andrews: Three items. Mrs. Gordon: Three separate items so they'll pass what they want. Alright. Mr. Plummer: Sure. Hey, let the people decide. It's a referendum. So now you have a motion formally. Do you need another one? INAUDIBLE Mrs. Gordon: You don't have to change what you had before. Mr. Plummer: Yes, there's no change. Mr. Andrews: To continue the bond discussion matter, another area that you're going to have -o exercise jLdgernent, and I really don't have enough information at this time but T can on June 17th, and that is this appears now the earliest date that we can have this on a ballot is September. Mr. Plummer: Fine. Mr. Andrews: Well, you'd better weigh the consequences of.... Mr. Plummer: When is the Franchise of Southern Bell going? Mr. Andrews: I'm not sure, I can't say now. Mr- JUN - 9 193 lib Mr. Plummer: I. would say do it on the same franchise. Mr. Andrews: Well, T wouldn't tie it into that any longer because that may be even longer than September. Mr. Plummer: Paul, I'll leave it to your hest ,judgement. Ok? If September is a good date fine. If it's not go to e)ctoher. Mr. Andrews: Well, I think I'd better bring that information to you fully on the 17th because I want commission participation in that area. Mrs. Gordon: Ok. AT4 SILVER PROPOSED TRIP SO, DISCUSSION ITEM WITH ETAMBOARD MTAO Mr. Plummer: "ose, the point that T want to bring up affects both of vA or at least I think it does. Mr. Andrews and Mr. Lloyd, previously there have been two items on the Commission Agenda that neither one of them appear today. One is in reference to my board for the System about a change of custodian. May I ask why it's not on today's agenda? It was deferred from the last agenda at Father Gib- son'g request for this meeting. Mr. Andrews: It was an oversight on my part. Mr. Plummer: The second point, I think Rose's board as well as mine have brought up about the purchasing of insurance, liability insurance for the board members and I ask why that is not on the agenda. Can I have the assurance of both of you that it will be on the next agenda? Mr. Andrews: We'll put it on the 17th. Mrs. Gordon: Fine. And may I ask why that 1f14 was withdrawn? Mr. Plummer: I didn't know whether I could make the trip. Mrs. Gordon: You weren't scheduled. Mr. Lloyd: Because there is a legal problem involved and I can explain it. It appears to us legally that it is not an authorized expenditure for the Board of Trustees from the Pension Fund for this either for the Board of Trustees or their attorney. Now then, it would be an authorized expenditure for the board going as a Pension Board. Now the difference is that if you went as a, what you desired was to go as the Board of Trustees and take the money from the Pension Fund. So what we are saying is that this as not an authorized expenditure from the Pension Fund. now then, however, it would be an authorized expenditure for the board which also assums its other hat and acts as a Pension Board. On that basis it would be an authorized expenditure but would be coming from city funds. Mr. Plummer: Do you want a resolution moving it? I make a motion authorizing the four people to go to San Francisco for the seminar. Mrs. Gordon: Was it four or five people? Five people. Mr. Lloyd: Well, it would be the members of the Pension Board.... No, now you have a private attorney on a fee and in our opinion even if you went as a Board of Trustees it would not be a proper expenditure for a privet': attorney to be, this is supposed to be for education purposes. So therefore, if he desires to go he should expend his own money and take it out of his business expense. Mr. Plummer: Very definitely. Mrs. Gordon: Please tell me how we did it last year, he went last year. Mr. Lloyd: He was working for the city. Mr. Plummer: I made a motion that the moneys be expended for a total of five people to be sent to San Francisco to attend the seminar for pensions. I make that in the form of a motion. Mr. Silver: I'm a little bit amazed at how the decision was arrived at just now because 20 minutes ago we were discussing it and the Asaistant City Attorney said he needed more facts in order to make a decision. So I don't know how the decision 3" 7 JUN - 91976 6 has been made so quickly Lecaose the additional facts hive not been given . In any Case, the fact of the matter In that rho duties and responsibilities which this conference goes to Are trustee responsibilities under our ordinance. They're not board functions and board rpm1.bi l t t Les. I'm not saying exclusively, some of them might be board function ; but they do fall under the trustees. And I racy to you this that as legel. advisor to !he tr';steea it seems a little absurd to me to believe that in order to assist me in performing the duties for the. Board of Trustees that that board cannot send me anywhere. Now I know they'd like to send me some place) ti-le fact of the ma ter. it seems `o me ludicrous that in order to provide service to the Board of Trustees that they cannot pay expenses in order for me to assist diem. But you know if that's the ruling then we'll just have to.. Mrs. Gordon: 1 think perhaps there would be no harm, if you agree J. L. and Father Gibson, if we just don't move on this and let's delve into it a little more deeply and bring it back next week. Mr. Plummer: I withdraw the motion. Mr. Silver: Thank you. Mrs. Gordon: Ok, and then we can :fnd out more about it. Rev. Gibson: ...Sir. I'rn interest& d. You know Mr. 1.Lo,d, maybe you could help. If this gentlemen is to perform foi the trustees and they're having seminars and courses, part of the gamble I thinly we had to take and are taking and until you change the gamble is there, that you have to permit this man to get information so that he cou:.d update the trustees. Alright. Mr. Lloyd: Well, we considered that it was part of wha he is being paid for. He's getting a fee. Rev. Gibson: Let me go a step further. If that be the case now I don't think in the past you've had such conferencEs to deal. Remember now when I say in the past he worked cr the city so that was a different story. One of the dangers we face is when we are not it the ball game with other people we get out of tune with what is happenin. And L would hope the City of Miami would Always want to be in the ball game bin informe,i. Now let me conclude with this. I would hope that the trustees whoever they are and the money they have, that a part of their budget would be for education. I don't cr:re what you call it. Because if this man does not go and ether pecpie are doing imaginative things thit will help this city, their city's peneicns funnel systen, we need to be in that hall game and I would hope that they wcuid not talk a�: et.t the fee that he gets as a salary because that is another :t..tore. You know how I feel. And for me to he arguing this way is just contradictory to whet I've been etesine. But I say that always education is an im- portant facto: in everybody's ?lie, education and information. And I would hope that when you ccme back that you have resolved this in a fashion so that we could get the ::nforrnar.ion and know what other people are doing. And I want to tell. you as I am if as the church if the church wants me to be updated and they want to ex- pect Theodore to spend his money you know I ain't so sure. But if the church wants me to be updates and the church says I make the provision I don't have no choice. Mrs. Gordon: Then you go. Rev. Gibson: You darned right, 1'11 go or they'll fire me. Mr. Lloyd: This much I understand `nit you see we have :a contract here and 1 believe that such things ought to be provided for in the contract. L'd like to examine the contract. I'd like to examine the contract to see if it is provided for. In my knowledge that type of thing is not provided for it is part of the agreement. Mrs. Gordon: i chink, John, between now and next week we will be able to discuss it more fully. Mr. Plummer: I think you'd bettor :e,p in mind Mr. Silver is with Mrs. Gordon's Board. If you find a way to provide then I think you'd better likewise provide for Mr. Gong who is the counsel for our board. And you know this thing can... Mrs. Gordon: We also have Mr. Mazii to consider also who we share. Mr. Plummer: b1r. ''.az.in, nobody warted to eo when it way; in North Miami but when it is in San Francisco suddenly everyhidy get an urge. Mrs. Gordon: No, not everybody. We, our attorney went last year and found a lot of information of value for us. rtk. de'11 talk about next week when We come back. 3-89 JUN - 9 19n Rev. Gibson: ... since Ave all that lecture. I would huge that if we come to this conclusion to find a way that we write in, make it a stipulation so that they would not only go when it's in San Francisco but they'll go when they're in Tallahassee. You know what T mean? Then the guy is locked in. And make the same provisions if his cost is from here to San Francisco; that his cost is from here to Tallahassee. You know what I mean? And if it is to Miami Beach that you know his cost to Miami Beath, you see that's the way we write them in and avoid this. Mrs. Gordon: I would like to tell you that the Board members of the Plan Board all are interested in education to the extent that they even asked that if they paid their own way would we pay the registration. I didn't bring that matter to you because you know we're not setting that up as an idea. But I'm just trying to impress you with the fact that they're very interested in education, they want to learn, they want to learn what they're doing and they feel they could better serve the trustees Board if they received this kind of information so therefore, the attorney being the one who is our director of the Trustees Board was the one that we felt most important to go. Mr. Lloyd: Tf I may just be allowed to sav one thing. Understand this that I personally believe i.n the value of these seminars. We have a budget in the Law Department for these type of things and every year I have disagreement with the Budget Director as to how much money we will. have. And we have just sent one of the members to a conference in Washington Along these same general lines. T my- self during my long tenure with the city have attended numerous ones for this very reason. I have been priviledged on occasion to have been a speaker on panels at these various things. And these education conferences are excellent. So I don't want this commission to get the idea that I'm against this but there is al- ways a situation where with budget restriction, and of course, legal problems to be resolved that we have to examine everything closely. And at least I. would 11Plike some more information before we make up our minds finally on this. I don't have enough now it is obvious. Mrs. Gordon: We'll brine it to the table next time. 51, STATUS REPORT - BAYFRONT PARK - $1,000,000 PHASE Mr. Andrews: 'ir. 'iayor and members of the commission, we were just planning to give you a status report as to the Bayfront Park Project the one million dollar project in which we received a $300,000 grant from the Federal Government and what the progress is and Mr. Howard is prepared to do that for you if you wish to re- ceive that report now. AMrs. Gordon: 1 think that would be appropriate. Mr. Al Howard: The Bayfront Park now under the grant is about 10% completed. We have removed many of the trees and put them into the F.E.C. property into the one large tract that we recently received and have that well under way. We've also taken some of the trees that were planned to be used in Bicentennial Park from Bayfront and put those in there. Within two weeks the paving blocks will be re- ceived and that will be started along the northern end of Bayfront Park from the library north down to the Bayfront Park Auditorium. The walks will be planned about three weeks following that. We estimate that within about eight months the northernmost part of that project will be completed and we are well on schedule now. We don't plan any interference with the Orange Bowl Parade but we have under this grant hired 20 people. This was the purpose of the grant to cope with the unemployment and within the month we will have 57 people working in Bayfront Pnrk under the E.D.A. Grant for the $300,000. So we are well on schedule in Bnyfront. and if you go down there and see that the work now being completed iM eortnInly enhancing the park. Mrs. Gordon: Any questions of Mr. Howard? Mr. Andrews: One other area that you should be aware of that we have employed people who were out of work on this project, in the first phase we employed 16 people who otherwise did not have work and we progress through this job we're going to be hiring approximately 34 more people in addition to those so we'll have 50 people that work on a project that is sponsored through the federal govern- ment. That was one of the criteria for advancing us the money, for providing the money not advancing it. Mrs. Gordon: Alright, thank you, Mr. Howard. -`9 JUN - 9 1976 ti AUTHORIZE CITY 5L, MANAGER TO APPLY FOR FEDERAL GRANT "SISTER CITY PROGRAM" Mr. Plummer: Madame VIte--Mayor, let me bring up something that 1 had forgotten and I just di©cuHsed it. Father, I would like to make a motion at this time that the City Manager be authorized to apply for a federal grunt for a federai program that thin city 4as become very active le ned that is the Sister City Program. There are motes aveilatele, the city has ,,one in at this time under cultural ex- change and municipal exchange. WE have had people here who have been training with the Fire Department, with the Police Department. We have had visits from the Columbian Group, we will have visit:; of our group down to Columbia. Mrs. Gordon: How much money is available? Mr. Plummer: We have no idea, Rose. All T would like to do is offer a motion at this'time authorizing the Manager to apply for a Federal Grant for the Federal Program of Sister Cities. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-584 A MOTION AUTHORIZING ANI) DIRECTING THE CITY MANAGER TO MAKE APPLICATION FOR APPROPRIATE FEDERAL GRANT TO ASSIST THE CITY IN THE CONTINUING "SISTER CITY PROGRAM". Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Mayor Ferre. 53, FIRST READING DRDINANCE REPEAL CHAPTER 50 OF THE CODE "SHIPPING VESSELS AND DOCKS" ENACTING A NEW CHAPTER 50 BOATS., DOCKS, MOORINGS ETC Mr. Plummer: lt'.te. Vice -Mayor, you know I made the comment. and then I stopped and thought, the Mayor said he had some very pertinent remarks to make in this area. So I think we'_' better... Mrs. Gordon: The only thing I was going to suggest is that if we did pass this that we ought to hold a second hearing when people have come oink from their vacations which would Le in September if that's possible. Mr. Lloyd: I that be the wishes of the commission I would suggest then that you defer this item so that you can have your first and second readings a little closer together because « first reading an a second reading approximately 3 months apart creates some count, might create some doubt as to the validity of the second read- ing of the ordinance. I have a feeLinq that you shouldn't have them that far. apart. A month or six weeks fine, as a matter of fact we've been doing it a month apart to comply with the State Law on advertising which is absolutely fine. But to have it three months apart I would suggest then if that be your wishes you might be better off to ,.ostpone the first reading. Mrs. Gordon: , ci1, cayee we'll _ t_ 11 'i. til the Mayer gets here and then we'll discuss it :r. _ w"r,at his : c ! i:_r,:>se < .cut it. NOTE: Thereupon tee City Corm:.ssion recessed from 3:40 P.M. until 4:05 P.M. Mayor Ferre entered the meeting at 4:05 P.M. Mrs. Gordon: We could •.alk about 2ts, Mr. Manager, while the Mayor is here because that was an item we briefly discussed and that's the one to do with the marina. Many people feel that this meteor s'.c)uld be heard on second reading in September. Mr. Lloyd feels that the delay betw,ee the first and second reading would be too long from now until then and if we :eel that we should hear it in September when a lot of people are back from va^at. or. them we should defer the item and we waited for you. 6o JUN - 91976 4 Mr. Plummer: If thatlIF the case, Rose, my only problei., you know, let's admit the truth. These moneys are sorely needed by a budget that is going to be very difficult. I would have no objections to that assuming that it was agreed by everyone, I'm talking about the commission because you can't acquiesce the people that are here or not here, but that it be retroactive back until June 1st. Now if that be the case, fine. Mayor Ferre: Look, I know this is a very touchy subject and I know that a lot of people here are very concerned and worried about it. I've stated my opinion and I'll state it one more time and again and again if I have to. The people, the taxpayers of Miami are not in business to subsidize anybody's golf game or any- body's boating. And as far as I'm concerned the people of this community who have the wonderful advantages of your docks and our services have to pay the going rate. I do not see why if Monty Trainor is charging a dollar for something.as a private enterprise that we in the public sector should be charging 504 or 55. I just, you know it just goes against my grain. I'm not saying that we should over charge, I'm saying that we should charge and I think we ought to earmark those moneys to improve those docks so that they are the best in the country and that we ought to not use those moneys for anything else but improvement of docks and I think in the future as things progress we should build more and better docks. Mr. Plummer: I agree. Mayor Ferre: I'm ready to go today. Mr. Andrews: Mr. Mayor and members of the commission, I'm concerned that come July 30th if we haven't resolved this that I'll have left the city and I certainly wanted to be a party to the City Commission's policy decisions in reference to this ordinance. And I'd like the record to reflect my feelings in this matter in the event the decision is arrived at, even to have the final reading in September. And that is that I've followed these processes for. over 20 years now of adjusting the ordinances and dealing with the Yacht -Dock Rates. I would like to recommend or have the commission at least consider that if this ordinance which we've labored over for so long and so hard to try to satisfy the tenants that should this become extremely controversial to the commission, and I recommend to the commission that they take this particular ordinance and this is in addition to the study of whether a private entreprenneur should operate the marinas, take this ordinance, increase the fees 509, over that which we're advocating coupled with the fact that eliminat- ing the exclusitivity that now exists among the boat users of the marina in that you would through this ordinance provide that the marina tenants upon their anni- versary of their agreement be given notice through the ordinance that they would have one year to occupy that berth then take the 500 people who have been waiting some as long as three and four years to occupy the marina, give them the opportun- ity to occupy that same berthing space at the new adjusted rates and place the people who have been removed from the marina at that point and put them at the bottom of the list awaiting their turn to reuse the facility. Mayor Ferre: That's OK. The point is that we've got to cross the bridge. I'll tell you as far as I'm concerned whether we cross the bridge today or tomorrow I'm going to cross the bridge. My vote is going to be that way and I'm sorry but I happen to think (1) that the marinas are first for the people of Miami and if you live in Coral Gables I'm sorry, you go solve your problem somewhere else. And (2) if there is any space after people in Miami that are taxpayers in Miami get the use of that marina, if there is any space available for those of you that live in Coral Gables fine then you can have the space. And as far as I'm concerned not only do I want to see that we charge the going rate and we earmark all moneys especially for the fund of improvements on the marinas but as I said this morning, as far as I'm concerned everything that is a money producer in the City of Miami other than the Orange Bowl perhaps the Marine Stadium, I'm willing to put it out on a bid basis and let the private sector run it because they've got to worry about making a buck on it and we're going to get a lot better service. Mrs. Gordon: Mr. Mayor, do you want to have your hearing today or do you want it deferred. This is the point that you want to make a decision now. If you want to hear it there are a lot of people here. I think if you ask for a show of hands you'll see how many people want to speak on the item. Mayor Ferre: Well Ok, but the point is that we're now at the 4 O'Clock agenda and as far as I'm concerned we've also got another important item which is this whole thing of the Convention Center. Mrs. Gordon: True, and this was an earlier item. This was among the 2 O'Clock items which we deferred waiting for your arrival. JUN - 9 197&_ Mayor Ferre: Well. I apologia°, I had an emergency. Mrs. Gordon: That's alright, it's just that I wanted to clarify the point. Mayor Ferre: I'm perfectly willing to st:ay and hear this; thing today... Mr. Andrew:;: What I was guinq to r' c mmend to the, City Commission was that we believe we have solved most of the controversial problems, we believe at least. There are still same problems r_%iat, the tenants and the users of the marina feel that need attention. I'm acquainted with particularly three of those matters and we have staff here to explain.... Mayor Ferre: Paul, that's going to take Lome time. Mr. Andrews: That's right. And what I was suggesting to the commission is that they adopt this on first reading and in the month of July rather than September consider this on second reading but I understand that you've gotten many requests to have the second reading in September. Mr. Lloyd says that that may be a little bit of a problem. Mayor Ferre: I'll tell yr;u, I just speak for myself, I can't speak for anybody else. I'm ready to vote for this today on first reading and we'll have a full public hearing in July just like Metro does on these things. Mr. Lloyd: This is not a public hearing at this time, this is merely first read- ing. Mayor Ferre: I understand. So under those circumstances... Mr. Plummer: I'll move Item 28. Mayor Ferre: Alright, there is a motion on Item 28. Is there a second on it? Mr. Plummer: With the inclusion that the Rnd hearing be on the 22nd of July at which time will also be a public hearing. INAUDIBLE COMMENTS FROM THE AUDIENCE Rev. Gibson: .kr. Mayor, I'll second the motion. Mayor Ferre: Alright, there is a motion and a second. Now let me explain so that those of you that are here will 'understand hew this operates. We do it a little bit differently here in the City of Miami than in some other governmental bodies because we have a rather open forum type of situation here where we permit people to talk even though technically this is not a public hearing. This is a matter that noes, there ha:: been a motion made by Plummer, there is a second by Father Gibson, there is a motion an the floor. Now I'm going to call for a vote. What that means is that this item will pass on first reading. Now that does not mean that it has been Cone. What it mans is that it will now have to be set a public hearing and it will be read again the second time. If it passes the second time that time it becomes the lay. Mr. Plummer: Thirty days later. Mayor Ferrer Thirty days later. Now all we're doing now is we're moving along so that this public hearing can proceed. Is that clear? It does not mean that it is over today. Ok? Now with that explanation, call the roll, please. Thereupon the City Attorney read the ordinance into the record. AN ORDINANCE ENTITLED - AN ORDINANCE REPEJJ NG CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLOF .7-1, ENTITLED "SHIPPING VESSELS AND DOCKS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 50 ENTITLED "BOATS, DOCKS, MOORINGS, AND CONTROL OF CITY WATERS"; PROVIDING RULES AND REGULATIONS AS TO THE USE OF CITY MARINAS; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF COM'RCIAL VESSELS; PROVIDING RULES AND REGULATIONS RELATING '10 THE OBSTRUCTION OF CHANNELS; UNLAWFUL ANCHORING, MOORING OR DOCKING, AND THE UNLAWFUL USE OF NAVIGATIONAL AIDS; PROVIDING BERTHING INFORMAT- ION RULES AND REGULATIONS GOVERNING ALL VESSELS AT CITY MARINAS; PROVIDING BERTHING INFORMATION RULES AND REGUL- ATIONS GOVERNING NONCOMMERCIAL VESSELS AT CITY MARINAS ill!+I'`I�9'iiall�R'P"'P"�iD�'�E JUN - 9 1976 AND RATAL BY CITY Of' VACANT BERTHS; PROVIDING FOR DOCKAGE FEES AT CITY MARINAS AND RULES AND REGULATIONEI AS TO THE USL OF UTILITIES; PROVIDING FOR RULES AND RF.GUT.AT i ON; n,: TO THE CONTAMINATION OF CITY WATERS; PROVIt)TNG AN EFFECTIVE DATE; RE- PEALING ALL OPDINANCP3 , t'onl: SECTIONS OR PARTS THEREOF IN CONFLICT, 1'JS0F\ AS THEY ARE IN CON- FLICT; PROVIDING A SEVE A ILTTY PROVISION. Was introduced by Corsi:-.sione_ 1... :.__= and seconded by CommiseiOner Gibson, and passed on its first reading by titit. by the following vote: AYES: Commissioner 1-lanolo Rebo:;u Commissioner (Rev.) 'I''rieodore Gibson Commis:;ioner J. L. Plummer Vice -Mayor Rose Gordon Mayor Maurice A. Ferro NOES: None. The City A _.torneread the ordinance into the public record and announced that copies were available to the members of the City Coiarnis- sion and to the public. ON ROLL CALL: Mayor Ferro: In voting let me add one more thing that Paul just pointed out to me which I think is important. The point that we voted for it on first reading doesn't mean that any one of these people who voted yes could change and vote no on second reaciirg or all of us or alter. Nor does it mean that this cannot be changed in part: o in total. So I just want to make this clear. This is just a legal way for this Eroceeding to move ahea i . Mrs. Gordon: have a question to you, Mr. Lloyd, also. This according to the motion is to come up in July 22. If at that time for some reason, whatever, we wanted to dcrel i' is there a legal reason why it could not be done? Mr. Lloyd: Yoa ray defer it at that time if you wish. Mrs. Gordon: Thank you, sir. Mr. Tom Dixon: My ::arse is Tom Dixon. I represent the Dinner Key Tenants' Assoc- iation. Is it pos;ih:e to have that hearing in the evening so that everybody that's conoer:;i,d .. Mayor Ferro: Yes, what time would you like to have it? Mr. Dixon: Six O'Clock or... Mr. Plummer: Well make it 7:00. Mayor Ferre: Mr. Andrews, would you please make sure that everybody is notified? Mr. Plummer: It's 7:00 O'Clock they're talkin g about. Mayor Fern._:: in the vening . Mr. Andrew.: Yes, on the 22nd. UNIDENTIFIED SPEAKER: . You wanted to have a public hearing you said. Right? In July 22nd? Mayor Ferre: Yes. UNIDENTIFIED `7r7T%KER: My main point is this that so far several people have left already anO in neat week on r•ur pier more than six people are leaving. Now in my opinion i-.: _u,t a public: hearing when the people that are most affected and most i nvol vc,c dc:. 't have an opportunity to speak. Mayor Ferre: P._. ight, well here's what we'll do then if you want. We do have the University of Mi._irui here on this item and we have another item on tenting for entrance to the Police Academy. My estimate is that these two items will take about an hour ,.nd a half maybe two hours. I'm an optimist by nature, If you want I would be perfecl__y willing and I can't: speak for anybody else but 1,11 stay after that and you r.r;n jc on the record and say anything you want on this subject. So come back in a couple of hours. 43 •JUN - 9 197,E UNIDENTIFIED SPEAKER: It's not that I particularly want to speak myself, and my point is that your public hearing will he mi^sing a .large percentage of people that will be most affected. Mayor Ferre: Yes, but ma'am, look, we've been putting this thing off for a long time. UNIDENTIFIED SPEAKER: I know, t wrote yogi a letter this time last year when the matter came up and said everybody is going on vacation. I didn't receive a reply from any o:: the commissioners but Mr. Andrews wrote me a letter and at that time he said, I was asking that it should be delayed until September. Mayor Ferre: Yes, I know but. that wee last September. UNIDENTIFIED SPEAKER: Right. And so he said in his letter, and I don't have it with me right now, but he did say there will be an opportunity for everybody to have their say and the commission is recessed in August so the earliest it would come up would be September. So that sounded very reasonable to me at that time. But Mayor, I don't: want to keep your time any more but I do feel if you want a public hearing you won't get it in July. Mr. Plummer: Let me also offer you the alternative or you night offer it to those people who will not be here. There is nothing to preclude their right of address- ing a letter to this commission and going on record through a document such as that. UNIDENTIFIED SPEAKER: Oh yes, I appreciate that. Thank you. Mayor Ferre: Thank you very much. PROPOSED: AGREEMENT WITH UNIVERSITY OF MIAMI AND CITY OF MIAMI 5 FOR CONSTRUCTION OF COMBINED FACILITIES; CITY OF MIAMI CONVENTION CENTER/UNIVERSITY OF MIAMI CONFERENCE CTR, Mr. Andrews: Mr. Mayor and members of the commission, we have really two matters involved in one subject. A.,d I will identify both of those and recommend to the commission the order I thine; that you should handle these unless you choose to do differently. The subject, of course, is the Convention Conference Center hopefully to be developed .or the City of Mi_e...i. The two subjects are the report of the archi- tects as to ehe fleet phase Fir the::r contract with the city to bring to the City Commission th,: coeccpt-,rep:cs eepect of this total project. Do not confuse what you will see today weth a preliminary elan. This is to set the concept in motion and if the _ o .c`•.,t is acceetcd from cii t a good set of preliminary plans will be developed bed t ese will Le represented to tha City Commission and that will con- stitute another step. And if we are successful with the second matter dealing with this same sub,-o t then that would be accomplished in ccncert with the University of Miami. So teercfore. the second *natter which I hope you will take first in order is the uneerstanc,ng that we believe we have arrived at with the university which would have the university join the City of Miami in this project we're about to launch and I think it is going to be quite exciting and I am satisfied from the ad- ministrative point of view and I'll ask :fr. Lloyd in a minute or two if this arrange- ment is successful as far as they way we've handled these matters to indicate to you how this can be legally accomplished. And I think that we should deal with the university first in concept as to how we would form this marriage. Mayor Ferre: Well, 1 think we will follow your advice then. At this time then, I'd like to rccognize the Chairman of the Board of the University of Miami and the distinguishcu President and perhaps thee :.sight want to say a few words or would you rather we get ri.;r.t into the cincussion? Cr Mr. Billings, of course. Alright, Mr. Lloyd, if: ya. would b_:g .d, .._._ . Mr. Lloyd- 'veil very briefly first, let me say that with the utmost cooperation of the university officials in particular M►:. Billings, Chairman of the committee and his counsel Mr. Cole, we believe we've evolved a plan for participation between the University of Miami and the City of Miami with regard to the complete center which is legally proper and fully meets all of the legal requirements of the Florida Constitution. :pow second with regard to your mandate to me, Mr. Mayor, that we re- search the questi n of the possibility of the city leasing air rights Above the con- vention center, that too, the answer to that is in the affirmative. The city has a legal right to lease air rights over city property. You have in front of you two opinions with regard to both of these matters. Both questions are in the affirmative. L 4/ 4 igkeL Mr. Andrews: Now if Allky I would like to describe, anii.f I cause an error to creep in in some way, please eit.h from the university, Mr. Billings or Mr. Cole has been participating so very mu::•h in these meetings, you please feel free to correct me. Here is the way we would organize ourselves. It is proposed first Of all that the City of Miami adopt .:in ordinance to create a department to operate this er:' irf, f:ic:ility. The t r-:ivel::ity of Miami who would be a participant would manage their own facilities. There would he certain areas of the building in which there weeld he joint uses. This r.;ul l he available both to the r•ity and to the univesesity. the City of Miami tt..::o.:mh the adoption of an ordinance would be cz•• a'_i_ne e nisei meat_ oe n fune'.;o:. se normally do to operate all of the city's ec i i ies plus hove cor ro1 the •ration of the center in terms of render- ing certain seJ:viees - ianifor i i i services, maintenance, be responsible for making sure that- '.:ti lities are supplied and adequately furnished during the course of the operation. Under this arrangement the .iir'ector of such a department would fall under the jurisdiction r.f the City Manager. There would be by separate in- strument or embodied in that same ordinance, that would be for Mr. Lloyd or the Law Depart.,ne::t to evolve the legal pr: rss, an advisory committee which would con- sist of five members. It has been proposed in advance that the commission have the author : t v for appointment- of five members including the chairman. But the university w•_,,.;.r. supply a list_, a reeommet,- -:`_ien of names as to the appointment to th_ _- board. You would be obligated under the ordinance to make two such appoint- ments in ;n_!L.•': i of the university. You v:,Wild Choose all the names from that list but yoe w._._e heve <o choor:e two. You woe1d have freedom if you chose to go beyond those two ej poti :tments anal look to year own specific recommendations for a listing to choose the ether three Jr choose oet of the entire list. This advisory committee would be in sssence the committee that would establish the strong policy guidelines for the operation of the conferen•_e - enter ro that it would more nearly meet the objectives _ f Motht he city and the university. I think it is a good arrangement, I think s ne thae can work. Ba!-;i(:ally that provides the organizational frame- work for what we're pecposiny to achieve. . Now I would like Mr. Lloyd to because he had ee do ever e: ich one of these c )nsidefati-ons, and they must fulfill a cer- tain leg:.'_ •:eeai::emers hecausc we're mir.yl_ng two different forms of funds here, one from the private . _.ot •-)r •and one from the public sector. So I would like him to ex '...... ehe ,_i<;hr items thee have been embodied in a memorandum for file that constitutes the :_=rovisien :' under whi:-:h the c:ity would be required to operate in order to protec : the interest of theuniversi ty. Mr. Lloyd: FirFt., the nannor in wh: ch we would secure the cooperation with respect to the over,ilJ or --ricer t etweeu t e University of Miami and the City of Miami would be that gate" ;could be a J bnc ter:, lease agreement between the university and the city, a teem 'f 3 ' year__ with a renewil option for another 30 has been suggested. And alt;; fit: c:: it could be longer oe shorter :spending on,. the term is not import- ant hero. has merely been some- hi; q ,shier has been suggested and apparently more o-: lees e tentative agreement subject to the wishes of the commission. Mayor _or I want to tell you that. I fully intend to be here for the first 30 years far as the second "i0 years I would like to attempt that one too. Mr. Lloyd: Yes, sir. New then, the ::onsideration for the long term lease agree- ment granted by the city to the uni.versi ty would be funds paid by the University from the .7a..:__s L. :•:.night Fund. And this woule be in the nature of an advance pay- ment. The university would have a definite space to occupy pursuant to this lease agreement i;, what would be the University of ;Miami Conference Center. The name the admini:itrrtion will get into in due time. Mayor 'e'er:.•,: Ln other words it is a pre -payment of a lease? Mr. Lloyd: Yes, sir. Mayor Fer. So they would be pre -paying a lease for 30 years. Mr. Llv.,d: Thi.r:.y years with option for renewal. Yes, sir. And the city would hive the c .::. _.,,ti•:n center fc•:_ i Noa in recognition of the fact that all convent'._c. _. se.' -.ices in eedi. .cn to mer,:' facilities the university and the City c:. Si_.... eateml agree that the. City of Miami would on behalf of its customu•r, who rent the cc,:::, .tior. center, the tiniver.: ty would furnish services ro the ci t:y such _a tr,n::c.ri _.:g, e.-oxing, other sei-; ces and the university would charge the City of i:or these ::c.rvices. The University would be responsible financ- ially `cr T.rr.: -..,._.._e ance and upkeep of the university portion of the premises. The city weele assume the burden of doing this and be paid for that by the univer- sity Ond :):. i:y would secept the total physical responsibility for the operation of the total facility as, of course, is right because the City of Miami would be the owner. N—J with the consent of the university the city could lease air rights over the facility for construction of hotels, etc., recognizing if the presence IIIIIPIIIII'IIII'IIIIII�p'Ii9ill'III��I�IpR JUN •. 9 1976 Of a hotel oa the aite i essential t eihly for the successful operation of the conference center. Bat this is where we came into the leasing of air rights. It doesn't neeessariiy have to be a hotel it ean be almost anything because this is a proprietary fanction which is performed by the city with respect to the leas- ing of air rights for which the city has the full legal authority to do. Basic- ally, these are ehe adth regani to the er hitects, engineers and other things are administrative and I ehink Mr. atiereee can cover those. But have I covered, Mr. Andre. aaoically the legal sitieetiee? row one more thing with the lease. In the leese 2rosisiene h tae operation of the total facility and in teeeld be seal:is:Has ee,iet what the university would expect of the City ,.D7 with relards the ,-LoL;%1 facility. Now the necessity for this is that the success of the untversity °aeration ef their portion of the facility depends aeanc el: the total teeataan. Therefore, in return for its advance paymene the university aad in my opinion rightly so that the city give certain aesarances ae te the maneer ia which the facility, the total facility will be opeited. The lease would pioviclo in th event that this lease was breached which is an aareement between the Cits and the University by the city for repay- ment of a arorata aituation alas lameges te the university which the university could cot. -eivabit have haven't (:ds.:us,7! Lhis that coul.,9 ..e e aatual occur ea a result et a breach by the city. And though we anc: 1 can't inesiee the aeiversity breaching the contract ;tine of thing. The:e eaeld be a clause in there regarding a mutual. hi -each contrac. Anel hehea. in my opinion that that clause is necessary ie ahere.1 io; pi evide hat tho everall operation of the facility for the .-)f. both parties. Now ci.r time schedule would be first the ordin- ance which 1,7c- preaent to the commisaion setting up as Mr. Andrews has said the commie:.aee. Sed thee, eour5e, we weld come up with the total lease agree- ment whice te-taa lee effered to this eamminaion for approval by resolution by the commissioe, Mayor Fer: John, et me asa ..n a question. 1. notice here in what you passed ou.. wth regaids Lho len!iin,.1 of air rights it says with the consent of the anivcrsit-. i':ow it haapeee e.:‘ be .a question of philosophy how we ap- proach thie. hation to think that mast ef these things all over the country lose mcnea. A.. . h.e that thlai one will not lose money. Now the way we can avoia ie :eaa loaiee money :. to us C ia as much. as possible (1), and (2) to build inee see no ccr:li that wo eeh money money is not e be a surroen&Liee e: ebliet ae esite a ateat, ie tertein activities. Now I feel, I a hotel here, having commercial spaces aut. e_ ale tersenaL and many other things that would be in ehc seet sein es t17e City sa:? Miami, for example, makes Ctahge Bowl so to speak, at least it ea. tah eses. 2e teaa' hope that this thing would not ereacate, fes sector and for the people in the eee eseee tee:. say it's unfair competition, to a cor.:- is t_.7u if we really make this a hub and a money and everybody is going to come Lee._ ara.' 2 ehae2: taSe wnenever Burdines puts up a store Jordan to nete 'ere thn more of these stores we get and the saes. a essee ,aa tae -are that we bring the better off the commun- ity is go:.n77 to bc there is going to have an advantage Ise se,: ere sa L1CO or 500 rooms. And I think it is goinc.: Lot_ of into tho general area and therefore, 1 want tc ee..e, the .L dissertation is that I want to make sure that eay wa'.' ia.teLs eta eaility of the city to lease out air rights. And I :.on'z. be ,7J7,1c. to :,(1.!i thet up in the future. Mr. Andreat: eh.ieSi the unavereity hee the same desires that we have in that area but I'd i.. a . Liss'. Jo com::ent en thtt ere, and I have a couple of observations to make aeS ssayee ace'd :lett? tG hear from the university. Mr. this e pav rent sity fa. And I'm 7.- _ „::IsL. mention, that the university under eat cS. facility and, of course, would 7 " -'ve oireacly put into it. And the univer- eee1 success of this as the City of Miami. ,:eth eee eaeezeent whereby the city would have ex- cellent lee:sae:it ie taeaeeinina ,,:het the air rights would be. I have no problem with that and I'm sure the university officials and Mr. Andrews will assure you of that. Mx. Plummer: hie I bear you correct that beyond the two million eight that they're going to pay :nt? Mr. Andreae:: 1:,et iiO explin tlIaL and if I mey I'll over simplify what is occuring here or the en;:erstandings that we have urrivel ut that I can accept administratively for the ejLy point. Lloyd hae iriuicated that they are legally proper JUN - 9 1976 ALE and now it would be upg.ke the City Commission to accepttem in eoncept. If you accept them in that sense then we can proceed to, the next: step to really try to formalise this concept. And that is that through the amount of moneys that the university will be eranti_ny ,end through the funds that the city has available and not irter•rningiing any additional fends •.it t hi.< point in time. Facilities will be developed that will be necupied solely by the university. There will be facilities that will be sel e ly oeupif d by the City of Miami but can he made available to the university as Jr is to 'he public. using the convention facility on a per rx,uare foot cost basis. There arc, facilities in this concept that the uni.v<erai'.e i'_; net have e ffi.cier t- m,eeey:; to construct and the City of Miami did not have sufficient moneys to construct btlr, by je i ning together we are able be- tween both pa; ties able t•a c' :,struct additional feeilit.ics and those will be ex- plained to you a little bit later but prineipall•,• they are specialized kinds of meeting rooms that :an be etiiized on a joint basis. There is some technicality in the kinds of services that: will be rendered through the use of these joint facilities, such as instantaneous transcription, the use of computers if they're used that ere part of the a:uvt_rsity's plant that service charge:; will be set up for that when the city requires usage of that we will pay for that. Likewise, when the e:; i_aer.sit:y goes beyond the rv:-eci foe use of joint facilities and they need the bel auce of the convention fe :i 1 i t. i ee e eeeare foot cost will be estab- lished for the use of those facilities and they will pay for the use of those facilities. There is one more cost factor involved and that is t.te entire complex will require operational eerv'ice-, janitorial services, uti lities. Simplified with that expressi Sn that. appl.ier to the university' e use of its facilities, the joint facilities and the city's facilities. The city will manage all of these and pro- vide the service but we will receive renumeration from the university for these services based en a charge that will be arrived at or a formula that will be arrived in the lease arrangement. Now that's a simplification of the point at which we've arrived at. Now there ere_ several things that the university wants to insure tees the commission understands without any doubt to strengthen their position in whole process. They don't want to find if there was some reason that the lease were abro•_lated 10 years after occupancy and there was no longer an arrange,^rona whereby both the university end the City of Miami could occupy this joint f deity, thee at that paint in time would expect the City of Miami to pro- vide they wits ._ like faeiiity. In ether words it's not the return of 2.8 million dollars beeause the dollars won't buy as many facilities later. It would be the develoeire;:'= 1i'oe facilities and e time te phase out of the building and occupy these new _Li_fti�:•e 'n the future. And I can't fault them for that kind of arrange- ment redo:z.-. ,,•hat we're tryir.e tc acce:ri 1 ish together. And unless there- are some other e_cces, and I'r.^. Toi rig to address my comments to Mr. Billings because he has ::ep r _e•_ seed ehe univere i i v in our meetings, I would ask him to add any comments that he }:ae eee !•.e. Cole if he 30 chooses to acid eomments in case I've missed any- thing ie thi_s i::portant development of the eencept. Billie.:..: Me. Mayor, Mrs. Gordon, gentlemen, I think Mr. Lloyd and Mr. Andrews have fairy:- well explained what we're attemptins to do. This is the result of hun- dreds of man hours oe the part of the City of Miami administration, the University of Miami ae.d tiiuir consultants, What we're simply trying to do as Mr. Andrews said is create a facility with both of our funds that we couldn't do separately. And if we're suceeeef ui I think we'll have nc'.. eel} the finest but the only facility of its tyee in ene southeastern '.alited States. I think the private and public sector comeliment each other in a way that we've never seen before in the State of Florida and certainly in our area. We as trustees and administrators of the Univer- sity of Miami are simply trying to protect the interests of the university because we're unit.; trusteed funds of benefactors in this case and we're the stewards of all assets anti motleys of the eniversit:y is you are of the City of Miami and respon- sible to your taxpayers. We're therefore, asking for the assurances which Mr. Lloyd and Mr. 1nc'rews outlined to you and a number more which I think perhaps would not be appr:op late to get into now but would be in t;he contents of the lease. One I think has not been mentioned and that is that we're Going to reserve the right to obtair. e travc_ : agent or a refera] commission from the hotel that is to be con- structed on the facility. That ie e corm:• n practice and we will attempt to derive fees only i r ::1 bu'-inesS that we _ .nc_ to rr.e hotel, that we generate_. It will have nothing wh: L::•.. •_'1er co do ';iti_ eher :Sc:'..• (.r the City of Miami. It is important that that 1.e understood because it will be reflected in your bid specs for devel- opers et t_i.. 'hotel. We t:ar.k they'll factor that in their proformas anyway but we think you ehou'd kziow about it. We don't any surprises. If there is anything major that we disagree on we think we should notify one another right now and that's one major item that I think wa- not covered. The other, we're going to want assure:nees on the time of the construction begins and is completed. Ancl we realize we're going tc have to grant some tolerances there that there generally are lags. We want to be made whele in the case the lease is abrogated by the city as these gentlemen said. We c,,n't do anything less for our benefactors. I think there are certain other assuranees that we're going to ask for which are common in a lease 7 JUN •9197,6 arrangement of this t:re. in my mind unit Andreww, I think that's it r;s I've overlooked something, Mr. Mr. Andrews: The other matters that Mr. Billings referred to are really minor and are usually found in leases and I rind no objection to theca and neither does Mr. Lloyd. I won't take up the time of they-o:raninsion because you will see all that and we'11 discus: it thoroughly item by item when we get down to a point of draft- ing these leases and ordinances if it meets the requirement:; of the commission in condept. I` i.'_ does thr n you eo'.ld direct: the City Manager and the City Attorney to continue worninq with the university y and proceed on this course to near complet- ion stages so that you'd have an opportunity to review it at: the earliest possible date. Mayor Ferre: Alright, at this time then let me open it up for questions from the part of the commission. Are there any questions? Yes, Father. Rev. Gibson: In church language when you generate a business, I think that's what I heard you say, that if you send, it you have a convention and you send people to that hotel that you expect a fee. Is that what I heard? Mr. Billings: Father Gibson, we went dle right to. In some instances we may or may not as Mr. Sheppard would tell you, he's a hotel man, very often that is the case. A group will negot.i et.' .3 c e: unise on or. amount. Rev. Gibson: Ok, I thought I heari that. Now in church language when we do that we also have a working agreement where that particular conference or that partic- ular convention is housed for a fee unlike another outfit. Do you understand what I'm saying? Mr. Billings: Sure. You're payine a lesser fee... Rev. Gibson: Fcr instance, if the University of Miami was having a conference instead of charging the people who come to that specific conference $50 you charge thew: maybe $40. I'm talking about the hotel fee. I think that because I would assume that the University of M aei, ien't any different to the way a church oper- ates. They may a_fferept , dotter. Huh' i didn't hear you. Beautiful. You see what I meal:? Ant' I .could hope that the city in dealing with this matter that would be a pa. of the considera`_,.c n. Co ,.. a follow me? Mr. Andrews: I: i s;; end Father, I'd like with Mr. Billings' assistance to use an illustration time : think will -.:ir., _..i._ home quite clearly as to the city's in- volvement i:: t..__ :: >a i f :_ 7,ay. `,, :t is that the city will receive revenues as to its . _ Tht.cn ,..._tr _..:a•.:r.s for the development of this facil- ity by seliin ehe air _i "_.:_:. ..:'_G w 'zi.l.i receive revenue for that. There are some other aspec•cs of this wh:tc•:; i 11 ha b_ ouoht out a little clearer when we ex- plain the-=7on_t:ecturEl :that rnc : ni'.:ersity is saying, let's assume that we did not have .. hosel complex oe ch e rite and we depended on surrounding hotels. They wouldn't even brine this matec r before you because they would be doing the same thing with the private hotels by going to them and dealing with them as far as this agent s... Rev. Gibson: But mine went a step further. If, for instance, we owned a hotel, let's assume.... Mr. Lloyd: We wouldn't. The air light would be leased to the hotel. That's the situation. Rev. Gibbon. :Aright: the air rights are leased. I'm concerned that the university would have a crenference and I wou c hope that the average school, serving on the trustee boar: °I a school, that's '.11y I feel your concern that maybe that conference, that maybe .::.er t ou i:t to be ,:.n unc,rstanaing here that the going rate is not ex- actly or anr_ rc _v the sae . Jc yell rofow me? Mr. Biilin :. you, Ft. r..r. It :is beyond my professional competence to discuss is in great depth and! I think it would be a very complex subject but I understand what you're saying. Mr. Andrews: ler. Mayor, one more natter and then we will I think have imparted to you the principles and the essence Df this concept. And that is a name. Title ''or any matter of this nature is extrer: Ply important we have two parties, it is import- ant to both Ja:.-:_ids. We have evolved d ,rune for your consideration and the univer- sity's consideration because you have to do this jointly. And that would be that: this be identified, ana if I may g-.:iture with my hands and if you can visualize a plaque or an entitlement somewhere mn the property that it would be the "City of Miami - University of Miami". And am I privi.]eJe'l to identify the lest of the JUN - 9 1976 name or any reason th�L can or cannot? Then in large letters, if you will in imagination, ''The James L. Knight Internationa] Center" because we did not want to get the words convention and conference in there and it was just to use the words center. Mayor Ferre: All right. Mr. Plummer: Let me ask a few questions. Mr. Andrews, as T red] this here I'm looking at the fact that the University of Miami basically is going to be paying us $10 ,J50 a year. Mayor Ferre: May I interrupt for a second? They're not paying us anything in a sense, they're putting up 2.R miilion dollars. Mr. Plummer: Plus 160. Mayor Ferre: Plus 160 or 180 for the architects. Right. Mr. Plummer: $3,000,000. Mayor Ferre: They're putting up $3,000,000. Now the way they're structuring that is in effect that is an advance payment on a yearly lease for so many years. Mr. Plummer: It's $100,000 a year, that's what I'm trying to say. Mayor Ferre: But I think the way you have to look at it is they are building a $3,000,000 building in a :sense but instead of doing it that way it is easier because of the mechanics of this to consider it a lease and a pre -payment of the lease. Mr. Plummer: I have no objections, Mr. Mayor. Basic.z]ly if I'm not mistaken it is $100,000 a year. Am I right? Mr. Andrews: Well, that figure can only be used in the sense that you're spread- ing that over 30 years and it constitutes and fulfills a legal requirement in order to make this concept work and create a lease arrangement. But if it were not there, if we did not have to provide a )_ease arrangement as the Mayor has stated they would be providing $3,0'O,000 and we would be providing $9,000,000. Mayor Ferre: Let me put it to you another way. Suppose you said they had a 90 year lease then it isn't $100,000 then it's $33,000. Suppose they said they only had 15 years - so you can't look at it that way. They're putting $3,000,000 that's what you'va got to look at. Mr. Plummer: No, you're wrong. Ok? Now simple mathematics tells me, maybe it is too simple, $3,000,000 for 30 years divided, you divide 3 into $3,000,000 is nir $100,000 a year. 411. Mr. Andrews: What are you doing with the $100,000? Mr. Plummer: I'm getting to my point, sir. You know you and the Mayor are doing all this Einstein, I'm coming down here to a few basics. Alright? Now what that tells me, the University of Miami is going to be paying approximately $1.75 a square foot a year. Mr. Andrews: You can't approach it that. way. Mr. Plummer: What you're telling me then is that the 30 year term is not a 30 year term? Mr. Andrews: No. Mrs. Gordon: Mr. Andrews, can I bring up a point? Mr. Plumper: I would sure like to get an answer. Mrs. Gordon: Well the point is that, J. L., the up front money has more value than the prolonged payment and that has Mr. Plummer: Well that's even stipulated in here based on Item #3. Mr. Andrews: One explanation, Mr. Mayor, and I think I could answer Commissioner Plummer's question. The architects will point out that they have designed a con- vention function as a separate entity and they will point out, and that costs 8.6 MMIR f JUN•.9BM Million dollars or there about. And they will point as we proceed through this, and 1 was waiting for them to do that but to answer your question; that they have and Will design a 2.fi million �3011., r searate function within a complex. Now the only way we could accept their coming into this under this concept and accept it legally, Mr. Lloyd was clever enough to come up with a specialized kind of lease arrangement so therefore, as a result o: the lease arrangement you want to reduce their involvement in building their facility down to a cost per year which you can do but it only has relationship in that it relates to the #3,000,000 over 30 years. They're ;;ct. oirt tc; pad u: rent -.,r that. Mayor Ferre: They're nest paying rrrtt. Mr. Andrews: They're not i aging rc nt . Mayor Ferre: Look, you've got to look at 11t this way, you're looking at it for 30 years. It isn't for 30 years. They're going to have that forever. It's going to be for 100 years, as long as that building is there because they have an opt- ion and you know that this commission that's going to be sitting here 60 years from now is going to make some other kind (--)f arrangement because the real thing that you have tc consider, no real premise is will this be good for the City of Miami. And in my opinion the answer is 'fie:;. And if you ask why it is good for the City of Miami because it will ler-in j people tc the City of Miami and it will bring movement to the City of Miami ate' it would help eventually to fill a hotel and shops that eventually we're going to make money and that's going to be a self- sustaining unit And al] we're really doing, J. L., let me put it to you this way, I don't know how else... If I were building a shopping center and I could get Tiffany and Gucci and fiermancs to come in. I would almost give them the space because they would r.ttraet, eeop1e .voulu :-irive down from Palm Beach and Fort Lauderdale ]ust to go to that shoot:ing center. So it is worth my money to give them that so tone they will act as a magnet and draw all these people and then where we're c}oinc, to make oae mc,r:ey ie wit everything else. We're going to have shops and centeeE and a hotel and t. eople coming in and out of the city. So in effect what we're doing b`teer than that :' cause frankly, and now I'm glad that these neeotiacect,s are over because I'd that we would almost be ahead of the game to give ehe space. 3ut wee'es not cviny to give them the space, they're going to give us $3,000,OC1) to boot so C''re cor.!.i.na out of this thing in my opinion not only ahead but wee ahead. Arid you can't oiyide it by 30 years because it doesn't, I'm sorry but. it just does::'t: epat particular way I don't think. Mr. Plummer: Let me pursue_. ;-re w_ alsc', then ant I to interpret your comments, Mr. Mayor, e.hat e. 30 year o_ytion is not really in fac: a 30 year option? Mayor Ferre: 1 thinle from e prat -::cal point of view in my opinion it is forever. Mr. Plummer: Well, you knot:• these ,re t-ne things that I'm trying to get down. Mayor Ferre: The Ci:y of :i'_csni and the th iversity of Miami are getting married and I think it is gointr to 'oe a inrriar_.e as long as we're around. I hope so. I certainly hope tui :.n 6O t aa_ f = Ttesn' t come around and decide to take this somewhere .;ise because :.;; .hut inc, amount of doctors and lawyers and people comi n ee and Uean ,: td I don't know how many thousands and thousands of people are going to be bro-c:;ht into this center. Sure, it is to the University efadvante. " -c : is no question about it. But I'm not worried abc t wit so:iabocy ,:lsc .._ .-oi::g r_o c;et out of it. What I'm worried about is what ere we going eo e t out of it. And in my opinion we're going to get more than anything we're giving. 1ha.L s Dust my personal opinion. Mr. Plummer: Well, I'd stall like >_n answer. : ' m sorry to be... Mr. Andrews: 1-ir;.ght, let :..e etea:o:Ich eeothor way and maybe Mr. Billings can, maybe I shoule let h::n speak beceus m ::be he cculd give a fresh approach to it. Mr. Bi lint. G• _' ! : _ I ;- t:._:: reared in about the same part of town around F14: le.. 1_1th, ne: ;.e cin rei`.te on arithmetic. What we're doing is advanciny t.r.0 to nut s.:_.:ct_t it is really bricks and mortar. But Mr. Lloyd. in order to fi nc! ::hc Lega'_ v<.hicle to make this work called it pre- paid rent. Now it le ready very difficult tc come up with the per unit figure but the r€aso_: t .et Geedon c;`v._ first of all, present worth values and sec- ondly as Mr. 'errs. -?ointed out we miy control the facility 30 years, 60 years or 90 years yet to be cc:tcrn:inec. So /our erathmetic is right but really not mean- ingful to the deliberations. I th .ik that's what they're saying. Mr. Plummer: Well Jim, let me tell you where my problem is. The initial concept as it was given to me was a concept that we would build a facility in such a way i JUN - y 1976 that both people could lege the total facility. Ok:' t.ow hat made good sense to me. Now, I read differently what is here hefer.e men; that we will build for you 2.8 million dollars worth of construction. Mr. Billings: For which we will pay. Mr. Plummer: For which you will pay. But, as I understand that will solely be your property, that the city will nothave the uee of that if w,. needed it for convention facilities. Mr. Billings: You could contract with us for the use of it just as we would con- tract for the use of your space. We would provide, and this is a detail we haven't goten into, there are going to be joint. facilities and we're going to provide con- vention support facilities, graphics, Xerox, etc. Mr. Plummer: Yes, I understand that. hut: I'm talking about actual space, square footage. What I'm getting at is that the facility, you've got a building. You can cut it off, you can rope it off and if the city needed all of it one day the city could use it. If the university needed all of it another day, this is where I got the joint venture concept. Now I don't read that here. You would have con- trol... Mr. Billings: We would make charges to you and we would control our part... Mr. Plummer.: You would have control over that part of the facility. Mayor Ferre: They're putting up the $3,000,000. Now, if I may, Mr. Billings. The City of Miami is going to build a $10,000,000 facility and the University of Miami is going to build a $3,000,000 facility. Now, when the University of Miami wants to use our $1.0,000,000 facility they've got to pay for it. When we want to use their $3,000,000 facility we've got to pay fot it. Now the whole crux of the matter is that you know what we're buyin ? Really, I want you to hear this because this is the crux. What we're buying is we're buying a captive audience. What in effect we're doing i2 we're capturing the University of Miami for the next. 60 years and I hope longer, and they're going to come downtown to use, and they're going to end up using our facilities. They have to. Listen, that's like saying I'm going to go into the business of bier.: _nq people but I'm going to start off with a contract wth 5 of the biggest hov"tais here. Now I'm not saying that doctors do a bad job and the people die in hospitals, but I'm going to start off by saying ir, riy business I'm going to have e contract for the next 60 years for all the people that die in all these hosn'.tai:-. Now that's not a bad way to start. And in effect what we're doing is we're getting the University of Miami, and I'll tell you I've been holding my breath because I can't express enough how lucky I think the City of Miami, and to boot they're going to give us $3,000,000. I'll tell you, maybe we're not finished yet I shouldn't be saying this maybe but I'll tell you I think I would have paid $3,000,000 just to get the University of Miami in there. 41. Mr. Plummer: Thank you, Mr. Santa Clause. Now... Mayor Ferre: Santa Clause for the City of Miami, my friend, and in a big way. Mr. Plummer. Mr. Mayor, you're taking this defensively. I am merely trying to clarify in my mind some problems that have originated on paper. That's all I'm trying tc do. I'm trying to get this thing, Mr. Billings uses the terminology that there will be certain areas, and I'm sere it was for terminology - padlocked. Now what that means to me is not available for city use. Is that what you mean, sir? UNIDENTIFIED SPEAKER: ... unless you contract for it. Mr. Plummer: Ck, that's what I'm getting at. So these are not facilities that are totally fcr the use of the University and cannot be used by someone else. Ts that correct? See, I read here that we will build these facilities and turn them over to :'eu. Well now that takes us out of the position of being in the driver's seat. Mayor Ferre: They're putting up the $3,000,000, it's their building. Mr. Plummer: I sure wish Mr. Billings would answer this. Mr. Billings; Well, invision if you can if we built our own building and then just joined it to yours to make one and one equal more than two. Mx. Plummer: Is that what you're trying to do? 7/ JUN - 91976 Mr. Billings: Right. Mr. Plummer.: OK. Rev. Gibson: J. L., let: me follow that same trend of thought. Now I'm a trustee of a college. Ok? So you heard I was on your isde a few minutes ago. Let me raise another question trough. I now find myself in tie position, lot me ask Mr. Andrews and the Mayor this. Who owns the land? Mr. Andrews: We do. The city ,awns the land. Rev. Gibson: Did you hear what you told me a few minutes ago, that you're going to take $3,00O,000 and you were going to build on my land? I'm going to take $10,000,000 and build on my lard. After you build your $3,000,000 I'm going to turn it over to you. That's what Plummer is trying to ask. All I'm saying is you know I'm thinking about my stock holders. I've got a problem. If you had said to me, well you know Gibson... Look what you said. I was alright until you said I'll go with you for 30 years and then after 30 years you know that t'ain't what you're saying. Mr. Billings; ''That do you mean, t'ather? You can't go more than 30 legally. Rev. Gibson: Look, man I'm in chur,h. We don't care anything about 30. Make it 60, BO or 100. The point I make is you're going to be building $3,000,000 worth of building on a piece of Tani that belongs to me and I get nothing for it. Mr. Plummer: That's not true. Mayor Ferre: You're going to get sm:t.hing for it. Rev. Gibson: 0-o-h. Look, 'sir.. Mayer, you know I don't deal only in spirituality. Come on! Let me ese the other side of the illustration. You said ok, you're going to build on this side and I'm going to put my building beside yours. You can't put it there ui,less I give you my land. Mayor Ferre: T},at'e right but what do you get in return for it? That's the key question. Rev. Gibson: Ok, let me raise this. You were talking about an intangible regulous thing that you've got to sell me on. Now all I'm trying to say is you know I'm sure my brotheren you are being goof trustees, I must be equally as good and if not better. Mayor Ferre: Fther, let me tell y)u a story. This is a true personal story. My father one time bought a i are firm right on the outside of the little city where I was boon, Pcnce, Puerto 'icy. see then he turned around and he gave 150 ' acres of it co the Catholic University of Puerto Rico. The Bishop said, my good- ness Joe, what a generous man you ace and isn't that wonderful. And he said bishop, I don't want to lie t; you, we're being generous but I'll only give you tat property if you promioo ':ha;: yor're going to build a university there in the next couple of years. Now let me tell you within 5 years that university had 3000 students. The whole center of that town, of Ponce, Puerto Rico moved all the way to around that university. Ann :_11 the other land that we owned around it, we were selling on, almost on : square meter what we paid on a square acre. In other words what I'm eeyiny i:; that v nat we got, sure we gave 130 acres but what we did in affect was we creaeel a value that was worth many many more times than anything that we gave. It wasi't genero:;ity, it was just a business. Now the point I'm trying to say is this: There i:; no question that the City of Miami is going to give some 'anti assay and there is No question that we are making a good deal for the university of Miam_. "hers is no question about it. But let me tell you that gnat it means is that we're going to have a university that has a net tangible worth _ . half e dollars with 20,000,000 students and staff and people ereuee 'rntnere.L o_- r.ciliions of dollars of welfare and the Vice -Mayor of „oral Gables is here ,inc hate to tell hire, boy I think he missed the boat araf e thinl: Coral : s m _seed eho boat because if I had been around in Coral Gables I would ha'. e just crone out of my way to do everything to keep that thing in Coral Gables. Now we've got the opportunity to get it here. And to boot they're ecino to give- us S3,000,000. Do you know what that thing is going to do? It's geieg eo bring in thou;;ands and thousands and thousands of people to the downtown Yi,cri area. Some of them are king to stay in that hotel and some of them are going to stay in the Dupont Plaza and they're going to buy at Burdines and there are going to be apartment houses built and Holiday Inn is going to do this and the other one is going to do that and Burdines and... and that is going to have a multiplier theory and we're going to be able to tax all those buildings 72 JUN • 919/6 • and we're going to havempople and revitalize downtown MIPIni. I think I'll tell you in my opinion I'd do it for nothing. And I'm just tickled to death that we can get $3,000,000 to get the university and '33,000,000. I don't know haw else to put it. Rev. Gibson: Mr. Mayor, I'm not adverse to whet you're saying. All 1 want the record to reflect, you know I hear this f'rem ot:hore when they come in; please understand, my brotheren, I'm not oppoeed. I juet want. the reeerd to reflect: and make it crystal clear because you know some people think I can't reed nor write. l just ,art everybody to ur,ler.; an-J .hat I understand we're giving you the land. You understand? Once you understand that I understand we're in bus- iness. You understand? That's the point i was trying to make. but we ain't really getting something for nothing. Mr. Billings: Father Gibson, there are those in the room far more able than I to tell you of the benefits. Dr. Hansen of the firm of and Associates of Minneapolis made a study for the university which we've turned over to the city or a portion thereof which indicates we will generate 94,000 hotel room nights per year the first year in operation. We had 35,000 conferees at the con- tinuing school of education at the university last year but I would rather they answer your questions than I. But I'd like to make one thing very clear and that is this $3,000,000. We don't want you to think that the figure $3,000,000 is there and it is absolute and sacrosanct because it's not. It may be 2.8, it maybe 2.7 but you will simply give us the space that our money will buy. The trustees have mandated that we keep an adequate endowment and that we furnish and equip this facility so it will be second to none. So I don't want anybody to hand up on that $3,000,000 and then say we welched because it may he 2.6, it may be 2.5. Rev. Gibson: I've got no problems with that again. Listen, I want to make sure. I have no problem with what you said. I just don't want anybody to think that I'm sitting up here thinking that you're giving mo something for nothing. Mr. Billings: I think you flat understand it, Father. Rev. Gibson: Right! Right en! Mayor Ferro: Alright. Are there further questions? Mrs. Gordon: Let's answer some questions on operation if we can if it's possible. How will that be estimated, how will that be arrived at? Mr. Billings, perhaps you've dcne some analysis on this. Mayor Ferre: The question is on operations how will the center be operated... Mrs. Gordon: No, not how will it be but how much will we get for operating it. In other words, maintenance, air conditiorr'ng, electric. Mr. Andrews: That the university has agreed taht upon final design and understand- ing of the total complex that they will share with the pro -rated cost of providing the air conditioning services, utilities, janitorial services and that there will be a charge set up and that charge will change from time to time depending on the cost of commodities, salaries.... Mrs. Gordon: That will be part of the lease arrangement. Mr. Andrews: Sure. Mrs. Gordon: So will the outside repairs, maintenance, etc., everything else. Mr. Andrews: Yes. Mrs. Gordon: The question also that was mentioned, not question but statement it may not be 2.8 it could be 2.6. What is that propriety? What, the number of square feet you receive? INAUDIBLE Mrs. Gordon: Isee, whatever the cost of construction square: foot wise you'll re- ceive square footage with the money you spent. Ok. Mr. Plummer: What is the 2.8 based on? Mayor Ferre: The building. rJ JUN -919.16 gNAII!IIIIRIIIIIIIIPRIINIIINIIIRIONIN Mr. Andrews: It was an estimate at this time as to the space requirements but what Mr. Billings is trying to emplaaize is because we use that figure in this concept in the final analysis of what we're doing that. might turn out to be 2.6, 2.7... Mr. Plummer: The reason I'm asking the question, the architect the other night made reference to their square footage as 36,000, 58,000. Now am I to understand that if they don't come up with the 2.8 and they go to 2.5 then proportionately their square footage would be also reiuced? Mr. Andrews: Right. MY.. Plummer: Have we resolved the air rights? Mayor Ferre: We have the air rights. Mr. Plummer: Ok, so that's eliminated from here. Is that correct? Mr. Andrews: No, what the university wants to ireure is that the air rights are available for the purposes intended en:l you'll get more into that as you see wha'- the architects are planning. Mrs. Gordon: A question again just for clarification. On the interior finishing, is that part of your 2.6? You do your own whatever your thing inside. Right? Rev. Gibson: .'yet me ask one other question. ... The other day we gave some money to an outfit, this is riot the University of Miami. Ok? All to discover that when the brochure was printed and everything was set Miami wasn't named no where. Do you understand what I'm talking about? And now I want to raise that other question that I didn't raise since T raised one about the land, and I know you're getting that now. That's on the table. Ok. My eyes are wide open, I understand. I'm concerned now chat I heard as you were talking, and sometimes I'm a little dense I don't get the point, the part that you were going to build you were going to call it the Janes L. 'Knight Conference Center. Is that right? What are you going to call it? INAUDIBLE Rev. Gibson: Oh, you mean even our money part too? INAUDIBLE Rev. Gibson: Well you see, I didn't hear that. All I heard was James L. Knight you know. Now e'il pet the two stories together. We gave some women some money, this is as near as I'm going tc personalize it, when they got through printing the bulletin brineene ell these women to :own we weren't no where near there. Do you understand? OK. 1r. Andrews, you may not be here but somebody will be here. I want the record to reflect that I want to see the City of Miami name in bold print way up there so that even a blind man can't dare error. Do you understand? OK. Mr. Plummer: You :ire talking about in proportion to the money that is donated. Rev. Gibson: Right. I don't want anybody to think, later on you know somebody will say, "You know Gibson didn't say that." I want the record to reflect that since we are putting some money Lrcport_onateiy I want to see our name. Mr. Mayor, do you remember what you told that: ;woman who came right here and got all that money? You said we ain't no where on that thing you printed. Do you understand? Don't make that mistake with us now. The people all want us to be forearmed. Rose gave me this, we ain't no where on that and the taxpayers' money all in here. Don't you do that to us. Mr. Plumper: eoe't tang our eir.v linen, Father. Let me ask for clarification. Mr. Andrew., es_:_.ain to me hest ;?7. Mr. Andrew: tlright. Item 47 for the benefit of those in the audience reads, and this is pre icated on, under tha terms of the proposed agreement the city wuld do the following: (7) Accept the physical responsibility of the operation of the total facility. Mr. Plummer: What does that mean? Mr. Andrews: What that means is, and the hest way to explain it perhaps is think in terms of the auditorium first ani the con7ention facility. If we were by 74- JUN ourselves to construct.' a facility .tor, we hao to pay tltru, i IPA( ; and t he main- tenance of the facility, janitorial service. and depenrdant one the revenue that we generate in any one given year, if we found at the end cif the }ear there weren't sufficient revenues from the operation to cover all the costs, not the capitalizat- ion but cost of operation that we would have to assume physically the responsibil- ity for the operation by providing funds into that particular function. Mr. Plummer: Just our portion? Mr. Andrews: Well, now let me add t::a university. If you add the university to this concept and they have agreed that they will pay for the janitorial ser- vices and all the other basic services but since they occupy one portion and we occupy another and they are using their facilities in the manner in which they wish to use them in conjunction with the common usage areas and occasionally we hope and we think very often use the auditorium and the rest of the facilities and pay for those what they're saying is they're going to make theiroperation a going concern. They're going to be paying us for the services and per square footage usage based on reasonableness and having this worked out with their con- sultants and our own consultants and staff would then if we should at any time as a result of the total operation incur a deficit the City of Miami would be required to make up that deficit in operation. Mr. Plummer: If we incur the deficit. not if they incur the deficit. Mr. Andrews: Their operation is separate. They are paying for their own operat- ion in the building. They're paying for the construction of their building and we're taking advantage of the joint use area that. neither one of us could con- struct if we went about this by ourselves. They're paying for their operation, they will pay for their utilities, they will bear their own management costs, their own servicing costs of thor,e sp(icialized facilities if they use computer:4 and so forth. Sc what they're saying is that any other casts that might he in- curred by the city as the result of the operation of the total complex which em- braces the convention hall and other meeting rooms then that will ie the ci.ty'n responsibility and that rightfully should be. Mr. Plummer: Ok. Let me ask one other question and then I'll quit. What happens on Item 4 if the converse happens? Mr. Andrews: I have added to the notes of these some items that the university will accomplish and t7ey are the converse of many items that we have already talked about. The ccaverse would be that in the event that the university for some reason decides to leave the complex 25 or 30 years from now for whatever reason, it's their choice, then they leave the facilities intact and they can go off and do what they choose. Mr. Plummer: But they don't expect us to pay it for them. Mr. Andrews: No, not under. those... If the city abrogates the lease arrangement. Mr. Plummer: I can read that. But if the university for whatever reason abrogates the contract it is understood that if they pull cut the city will not have to re- imburse them. Mr. Andrews: That's right. Mr. Plummer: Ok. Mr. Andrews: Is that a correct understanding, Mr. Billings? The converse of the abrogation aspect, if the city abrogates it's agreement we would make the provis- ions we talked about. The converse of that is if the university abrogates its lease agreement, walks off from this the facilities remain and you've left the facilities intact. INAUDIBLE UNIDENTIFIED SPEAKER: Well now, this is not a final document. Rev. Gibson: Mr. Manager, I want to make sure that, I don't fully have this under- standing but I want to make sure that when you come back with the fully prepared document that I don't read it this way. Now I'm not very good in syntax you know. (1) Construct 2.8 million dollars worth of conference center facility and turn them over to the university for 30 years with an additional 30 year renewable option. I don't have no problem with that. This is where my problem lies, Mr. Mayor, the utilization of the conference center facilities is to be under the full 7s �k� ^ i 1976 control of the University and will he named by the university. Let's make sure now we under.stana '.ghat we're talking About. Mayor i'erre: ThAt'a the conference center not the convention center. Rev. Gibson: Alright, w.iit. I just want to make sure. When you come back you're going to have conference center and you're going to have the university center... Mayor Ferre: It's the game thing. New Father, excuse me. We may be confusing things. The University of Miami is building a $3,000,000 facility. It is their facility, they will run it., they will control it. It is theirs, they paid for it for whatever they get. If they only have 2.7 million it is going to be smaller if they've got 2.8 million it will be larger. It is their facility. Now, if the City of Miami wants to use it we can use it, we have to rent it. Now we're going to have a facility. It is going to be our facility and we're going to own it, we're going to pay for it, we're going t, rent it. If the University of Miami wants to use it they'll rent it from us and they'll have to pay. And I'm just predicting that they're doing to use our facility a lot more than we're going to use their facility and we're going to make a lot more honey on them than they're going to make on us. Rev. Gibson: Mr. Mayor., we're, ,_ogether.. 1 have no problem with that. My prob- lem is, gentlemen while you're here and lady,... Here's what I'm concerned about and I don't want to get caught in this. So get your diction together and your syntax together before you get hers._. Ok. The utilization of the conference cen- ter facility is to be under the full control of the university and will be named by the university. I understand that. That's your baby. Now what I'm concerned about is since we won't be locking arms .laying tango arm in arm I just don't want nobody to cote back hre later on and say you want to name our portion of the building Jaynes L. Knight. Do you understand what I'm talking about? Oh yes, you understand what I'm talking about. I don't want that sleeper to be in the pack, man. _I don't play poker but I know how you know. Mr. Plummer: What you're saying is we'll still have a City of Miami Convention Center. Rev. Gibson: Kight. Mr. Andrews: I want to clarify something, Mr. Mayor, if I may please because I asked Mr. Billings to step up here. We have no misunderstanding that there will be only one naz:se at this stage and the language maybe is confusing. I apologize to the conu::_s.eion fo: it. But the name that has been tentatively adopted for your consideration and the university's consideration, and once again I'll repeat it so there is no confusion, is the City of Miami/University of Miami James L. Knight International Center. Mr. Plummer: That would be on their portion Mayor Ferre: rlo. That's going to oe on the whole thing. There is no way you can start dividing this room and that room. Mr. Andrews: That's the only name. Mayor Ferret Look, I didn't want t) get into this and I'm sorry that we're gett- ing involved in this situation. : it . Knight is a man who is a prominent member of this community and I've talked to him a dozen times in my life so he's no personal friend of mine. I'm just making „ simple p.-int - this man out of the generosity of his heart ha: liven the University of :iictmi, not the City of Miami, the Univer- sity of Miami $S,0OO,000. Now Jaaes L. inc ht and the Knight Foundation is a very large foundation. I veeld cer ai.i v hoee that as time goes that the Knight Found- ation ane3 eng_. :.i:; .., ;i would have great pride in what we accoruplis:: ,_r.:.I Icng as the City of Miami is called the City .,_ ".i.:.., i/... vers it_- c.: :! .eee _tight Center I certainly see nothing wrong with _h..:. I don't see how we cen _. c .rt c ividing and calling this half one name and thet half another r_.:_mn;: an this ree loing another name. It is going to be known under one name and I cer a iniy thiek that the Knight Foundation and the Knight family and Mr. James Knight •lac, been a tremendously generous man to this community over the years and that tiey certainly have been, of all the people in- volved in the civic, we wouidn'e have a United Fund today if it weren't for James Knight just to talk about one thing. And I think that the man is certainly deserv- ing of recognition especially if he is putting $3,000,000 into it. Now you can say well we're putting 10 aletc? we oujht.: to have the right to name but I really don't think that's a major item. 7a' JUN - ft 7976 4 Rev. Gibson: Mr. Mayo I disagree with you. You know m not usually this way but I go through this business in church l,anai:age ,and my l,rothernn, I want to tell you something. We don't usually le! the man who buts, 1/1 c ontrnl the name in church language and yeu know I deal with laymen like yeti all every day and they're a little difficult. Thene ver;t.r lee are a little difficult just like you Baptist arvi Methodist: Trustees are and stewards. You know I just want to make sure everybody understands so that nobody would say that I was unaware. Now you know when you tell rye you're going to build two buildings and you're having two cntracts literally then you're telling r. rcw I must quiescently? Oh N-O-O! Mayor Ferre: Father, I understand what you're saying and I see where you're com- ing from. I think that we live in a community where we name things after people who are deserving of recognition. Yeu know we named the park after Bob High and after Steve Clark and we named this one here after Dave Kennedy. We've named the Wilcox Air Field after Mr. Wilcox. You know the junior college here has the Wm. Paul y Building. Mr. Pauley has, been an exceptional man in this community. We have the Alan Mc Carthy Building at the north campus. I certainly think that Mr. James Knight is a man in my opinion deserving of recognition in this community and I don't think it has anytni.ng to do with whether or not he has paid 25% or. 1/3 and I understand that. But I think that there i:. -an obligation on the part, Mr. Knight didn't ask that the building be named after him but I think the University of Miami felt a moral obligation that since he has been the donor that that would be a nice consideration. I personally have no objection to that. I think that in my opin- ion that woule be an appropriate name even it he hadn't made the donation. I tink Mr. Knight has been one of the major philanthropists of this community and is certainly due recognition. And the fact that he has been a part of this and this is one of his dreams I thin'; adds; to .it. Mr. Plummer: Mr. Mayor, let me clear the air for one minute here. I think that some of the people here will recall that I was the one who made the motion that we .look and investigate .into this joint venture because I do believe it will be the benefit of both. But I want to say and clear the air that I make no apologies for any questions that I asked today. That is the purpose of this meeting to sit down and clear the air, get it in so that there is no misunderstanding so that the people who 1 represent that I can give the straight forward answers to the same way that Dr. Billings and Dr. Stanford have to answer to the trustees what the agreement is. So T make no apologies for any questions that I have asked here today. To inc it is nece.esary, it :oust be done and the reason we're here and dis- cussing it indicates that it has to be done. Mayor Ferre: Absolutely. And that goes for everyone of us here. You know this is part of the public process. And you know something, Father, we live in a new day and a lot of people are all worried about Watergate and the affect but you know Watergate has had this affect. Five years ago we wouldn't have had the kind of frank conversations that we're having here and it is helping and I certainly tink that every question that has been asked here has been good and healthy and is part of the open society that we live in in the sunshine. So that's fine and I think it has to be asked. And I think we all have to vote our conscience and our opinion sc that's fine too. But I think we've got to move on one way or the other and whatever the will of the majority of this commission is or what the will of this comrnissioa is is fine. And then the University of Miami has a will too. Mr. Plummer: Let me ask. Mr. 3iilings, you do concur with Item 8 that the univc r- sty is willing to pay the architectural, the extra fees for the architectural? INAUDIBLE Mr. Plummer: Well, wouldn't it be a fairer statement to make that you will pay 6.45% of whatever you get? No Mr. Billings; No, I think the contract you have with the architectural firm gives us the right to negotiate a fee with them lower and if we negotiate 6.44 that's all that we'll pay on our.... Mr. Plummer: Oh, Ok. But in other words as it stands today of the 56,000 square feet at the 2.8 you are in concurrence that you will pay the $180,600? Mr. Billings: Sure. Mr. Plummer: Ok. Mayor Ferre: Alright, are there any other questions? If not, what is.the will of this commission? Mr. Plu inner: What kind of motion is the administration looking for? PRI1111111,11111111111111111111NOM Tz Jt -91976 Mies. Gordon: What's haling under the wr.0 s? Mr. Andrews: That's another item. What r think the commission should do at this juncture is to adopt a motion that based on what discussion has taken place here, the general understanding is that you approve of the concept and request that the City Attorney and the City Manager but particularly in this instance the City Attorney to prepare the necessary instruments to carry this process for- _ ward and to present them tc you for your consideration. There is no adoption of anything at this pint .:.x: ;t :iat you '-i-, rive the concept that has been presented to you and that in ,icing so that will foster another step after the presentation of the architectural aspects of this which I will discuss with the City Commission. Rev. Gibson: Mr. Mayor, r w„'-:t. to shock everybody, with all that you thought I was opposed to it I want to offer a motion of intent - intent. Ok? Then you come back and finalize and Theodore can read t-h-e and i-s and f-o-r... Mr. Plummer: How about s-u-m? Rev. Gibson: Well, s-u-m, I would be most happy to offer then but this is intent. Mrs. Gordon: Mr. Mayor, also at what point, what juncture do we advise potential bidders for air space? Mr. Andrews: I want to discuss that with the commission after they have a feel- ing for what. the architects have dole. That will be the next matter to be dis- cussed. Mayor Ferri:: Yes. See, that's not part of this document that we're voting on. Mrs. Gordon: No, but it's a questi:n that pertains to the overall... Mayor Ferre: Absolutely. Mr. Andrews: We will be discussing that today before we leave this subject. Mayor Ferre : Let me see if I can 'view this so that nobody misunderstands, and please, Dr. Stanford and members of the University of Miami Board of Trustees that have taen their time :Zeie and Mr. alvaa Chapman from the Chamber of Commerce and President of Y.n:ch:: r:,: spaoerb, I war to :nuke sure that we all understand. The City of :.:.-:.... even tho;:•Ih some ?_opl.:: -•.o):'t believe it, but we do have a very open iraoi: o: c: t_. es things cone out that a lot of people get ':_nd ofi;"_..•_d = a-. cut. nee tto o y try function and in the long run it is a ijOD• health h'C.'I. Y.oll ..'ICY: .-..J.C;'): .c.:ae Out- and I want to say, I'm not apologizinc; _ ,r.: Plume_ _i.d it 7C: , el_. .cboy here is apologizing for anything. i.:ie haw t of the ,.,i i i.. ,-,r-_co:;s. These iiast_ons have to be asked, they have to be .pis::uss•±c ::nd some': i.mes i'e ,^`_ dissentior. ,snd sometimes we divide on this com.l1iasioii .:rid sometimes `;h .t th_ Y.anater '.7,3n t_ doe ;. happen or what the Mayor wants oesn' t he ope'.1. veu7. we `unct:.: r. as a team that ;'ay and it is a good and he•_._- _e i wa, what we're today it \.n.i- has been presented in these various ;u:r;enc and the as - :-.ai:_. a;;oa a half of discu.,siori. And it is not a final thing, it :i.ot bit tin on the C.ty of Miami. EetY:een no ].ot of 1awyere that have got to do read the contr;: t very care; L , know that all ofu : oil] ;,..(i _. l cn the University of I•aa?ui nor is it binding In.: the finL1 conc=.usion ;c've got an awfully In ewatl 'got of iega.. wor:c. And we've got to _ intend to ar.J know Plummer will and I :re oorin9. to b. _:tc, it. This is just one Dare stet rorwaea. I .snot cr.e first, tot t..e eccond, _e'. the fifth or the sixth. We :r.:;y have t.h:-ee or .-c it . r five :;ore steps to co before that. build- ing or that ::hint; ;we ore joint; t,:, s :e in .. r oxneet become:, a reality but it is a giant step forward and i there i no turi=her Caiacus3io:. I'd like to call the roll now. The ioliowing :Lotion was introaucec. b'; Cta aaeioncr Gibson, who moved its adoption. 6.e:,._. .. 1). 7C-5S5 A MO'_'::CN C_' INTENT ?,::SE:. CA 'eaRa'_r2 . DINGS REACHED BY THE YITY CIOM :::SSION :1.ND r :: r SENTAT:V.:S TaE UNIVERSITY OF MIAMI THAT TEL CI t'Y AWORNEY c i leeS^_RJC'_'r': " ri ?:SPARE THE NECESSARY LEGAL INS._.: KENT,; CU.a=a7e eTTE Y..o:. eAt FOR CONSTRUCTION OF THE CO j1I1 at ::TT`' C= ,=iG .. :,LvC UNIVERSS;`Y OF MIAMI CON- FEEENCE CL TER Al:D TO PRESE: i t F..F7C1. TNSTI li 4ENTf: TO THE CITY COM- 1IESICN FOR THEIR _ i:._.:�.. CC,NJ=RATIC)N. Upon being seconded by Commissioner Rehoso, the motion was passed and f. adopted by the follow to vote - AYES: Commissioner Manolo Peboso Commissioner J. L. Plummer, Jr. Commissioner (iev.) Theodore Gibson Vico-Mayor. Rose Gordon Mdyor Maurice A. Ferro NOES: None. Mayor Ferre: Thank you for your vatience. Don't go, don't you want to see the model? Mr. Andrews: Mr. Mayor and members of the commission, I'd like Mr. Candela representing the architects and Mr. Cr:umpton and Mr. Connelly but particularly Mr. Candela to explain what they have accomplished in this first phase. We are on schedule, in fact, with having advanced this meeting one day we're one day ahead of schedule. This was to be achieved by the 1.0th of June and they will now translate all of their findings into a physical concept of what this entire center will 'look like and I would like Mr. Candela to go ahead and explain. Mr. H. Candela: Mr. Mayor. and comrnieeione•r„ could we take just 7 or 10 minutes, Mr. Colson, just to look quiekly at the presentation? All right. Mayor Ferre: Would you turn off the 1 ighte. The sun lights too. Mr. Candela: I'm going to go quickly thrc rgh these slide; and the first thing that I want to tell you is that because this is a multi -use facility it is going to be a multi -consultant presentation. Bob Kane and Associates is our. convent- ion Management Consultant and he is the one who helped to prepare the convention center management .information. Dr. Anthoni is here and he'll answer questions for you later in terms of the university. We'll go quickly through the presentat- ion and if you can hold your questions until later, I'd appreciate it. There followed a slide presentation and presentation of model. Mr. Andrews: Mr. Mayor ,.ins members of the c:ommi scion, do you want to solicit i'rom the commission if they have any other quest ions then 1 have a suggestion as t.o how we should proceed. Mayor Ferre: I'd like to hear from Mi. La Baw a little bit. Mr. Andrews: Alright, that's part of the procedure I was going to suggest to you. Mayor Ferre: All right, we'll follow your way. Any more questions on thus? Mr. Andrews: Mr. Mayor and members of the commission, there are two more consider- ations that I have outlined for the commission, a series of steps that you would adopt by motion that would move us along through additional phases and those two matters deal with (1) Mr. La Saw coming before the commission to indicate their involvement it this total projecr as far as the garage is concerned. '.nd the swc- ond thing which I wanted to announce now so that Mr. La Baw will be free to come up and express himself end that is that the city will as a part of this total pro- cess begin with the architects and others to design the proposals to receive or invitations to receive proposals f::om entrepreneurs as far as the development of the hotel facilities and get those out if the commission agrees principally with this concept that would take place. Mayor Ferre: It has got to be on a bid basis. Mr. Andrews: Oh yes. Mayor Ferre: And it has to be public bids and we have to design the specifications and then put it out. Mr. Andrews: That's right. Mayor Ferre: I understand. INAUDIBLE Mr. Andrews: No, these are to invite. Mayor Ferre: We're not going to design the hotel but I think we have to put the specifications because obviously it has to fit within a certain pattern. The specifics of the design of the hotel is something else. Alright, Mr. ha Raw. !II!!IIUPPPI!#1I!IIII 9 JUN - 9 1976 ter. Richard La Baw: Mr. Mny(-)r and rormnineeor;ers, cel Wo1 Ccon and the Off -Street Parking Board asked me to exprees two view points to yc u if I may. In regards to the parking garage and the valet parking and so forth they want to cooperate fully with you. In connection with the garage they want to have a feasibility study done and if we can meet our debt service coverage and everything so that we can float parking revenge fonds we could even finance that portion of it so that you wouldn't have that part to finance. And another thing they wanted me to comment on was that to the west of that existing parking garage we now are well into our design stage as far as a parking garage, 1,000 or 1,200 plus a motel tower above so that we will have another one that will be right adjacent to you in that west block that will be helpful to you. Mx. Plummer: What is the thinking on the parking structure, the Mayor has made comment that possibly we might have a little problem getting someone to build the back structure. What is the difference of the total number of parking spaces for the convention center as to the convention center and a hotel of that magnitude? Mr. La Baw: You're talking about the tc:wer above the garage, sir? Mr. Plummer: Yes, sir. Mr. La Baw: In our other project we have found that we can have the 63 foot clear span construction just like we do in our other garages, 20 feet on each side with parking, a 23 feet driving aisle ar.d still have plenty of accomodations for the supports and columns for the tower above. Mr. Plummer: Dick, that wasn't. what I was getting at. You're providing as I recall the figures, 1,000 parking spaces. Mr. La Baw: 1,200. Mr. Plummer: Alright. Now is that 1,000 spaces for the configuration of both the hotel and the convention center or just the convention center? Mayor Ferree It's very eirple. Mr. La paw and Col. Wolfson cannot commit any- thing until they go to a company called Ramp Associates which is their consultant and then they do something called a feasibility. And then they'll come back and they'll say, "If you'll do thie we'll do that. And if this happens that happens." Now as to the number of parking s2a:es whether it is going to be 500 or 1,000 it all depends on whether or not you q2t somebody to put up a hotel or if you get somebody to put up two h.teis. Now obviously if that second tower doesn't go up you don't need as many parking spaces. Mr. La Baw: That's correct. Mr. Plummer: Well but you were, the one, Mr. Mayor, that made the indication that it might be 5 to 10 years before we get somebody to build the main tower. We're going tc be building the tower now. Mayor F'erre: For a cringe I'm bein you won't find a taker to build tha that cne. Now the way you do that money by putting foundations and Nz will probably only build 4 stories the other investor to p..t up that o four more floor; to the parking gar whatever it happens to be. Am I wr. Mr. La Baw: conservative. I'm saying that in my opinion t hotel. Somebody will build that one but not is you're going to spend a little bit more . La 3aw and the Off -Street Parking Authority )f that parking garage now. And when we get 'her second hotel then we will build three or :ge and probably have 1200 units or 1000 or )ng? t1o, sir. That's very correct. Mr. Andrews: What you're informing the commission is that the Off -Street Parking, and you weft: odicia_ly for the_t, :rat you're ready to be involved in that... Mr. La Baw: Yes, sir, as far as the parking garage, valet parking and everything. Mr. Plummer: Now, about that blue water in the river. Mr. Andrews: hen, Mr. Mayor and members of the commission, what I recommend you to do, there are really four seeps _hat we really need to take. One is to author- ize the architect to complete the s:hematic design phase within the next 30 days. And then in the meantime you authorize the City Attorney and the City Manager to complete the agreement with the Uni"ersity. The next step would be to authorize the City Attorney to draw up the ordinances that were earlier described for the committee and for the operation of .he function under the City Manager. And last i 5J JUN-91976 the City Commission wollk anthorize a feeeihility etudy eoeaese we going to have to put something dei,n1 ir paper that i7eiLe. t thehe entret.Teneurs that are geine to be involved in arveleping t eetei. They have to understand the scope -.)f it has to be put together it r very intelligent way so that we'd attract the right develerers, peeple wto eae afferd to invest in this. And as part of that. we proeeed wit 'he right le ,hvelop the eir rights part of that Mr. Plimmier: wall, you've left one :elegy eel. I want to come hack to that thing we ha 0 nighe. Where the eest Lheak down. What is thi thing going to cost to opeeate? Where is that sheet that we had the other night? Mr. Andrews: Thet is being fully develepe And prior to ns actually accomplish- ing all these stepe within the cemelete sebeeatic phase project which the archi- - tects are involved in and that should he cempleted within the next 30 days and that intormetion would ail be evailable etri prior to your authorizing this... Mayor Feree: actien... Mr. Plummer: Well t-11 yoe, Maeriee, thing I'm getting at is that that schedule wtieh wae preferred to }either Gil, hen and I beceuse we were the only ones there, i eo tar ahilter. to reelity that 1 wint. some reality. I want to know, for example, what. ie thie ihiee possibly, what is this thieg going to be subsidized by the taxpayeee. .L wane te know thet. I think, the taxpayers should know. Is this eoneeetioe eonter ce this iteial .emelex, is it going to break even? Ts it going to cost the texpayere $areh(;,0efl a yeer to opeiate? You know, and then we can sie beck encil ecuatc well i -'t thet joed for generating of downtown. And I think before this commiseiee mnven eey terthee we've got to know. Mayor Ferre: L., let me tell yea somethi%q. You know ene of the reasons I was abeent toga'? d little bit, 1 had dbeet i4 beekers sitting around and I was sitting te the nidifle aed aeyh ken- ,ekine me all of these questions. And I finally Ulrecati arearid and 1 said, 'Let me tell you something. I didn't lend you money yoe leee me menev. And yee knew hew yeu lend me money?" They're com- plaining, this iee' Nei. he90,000 te go out end build a cement plant and de ei• these thieea eed yoe Old i beeeuse you aeke(1 me, I get you a Kaiser Leieeeeria e Pl±!)Cr! , 1 (10 ir:Id frem thie firm and that firm. We had Crcient :ormicl<, we had all the:-e, experts all flew down from New York with briefeaeee and eijde reles, wit ll eue reepeets ro you engineers. And they prediceeh= thee a:el they made Char end they had economie runs and evaluations and there wee ee wav this ehiee could leee. See? And all these banks, they said, "Oh, thi?,t':.; 1 Keieer eave thie, the other guy says this, sign." I signed ana eew live get: 4 baekere heeeaming et me. Don't get angry at me. You're the ..eue that bought 1 t., I eele it - yee bought it. And you loaned me the money co do now you're angry. Don't eee angry at me, get angry with your senior an;llyt a.ld ell veee vice-viresidents and bankers who thought that that was such a good idee. i point is this: Mrs. Gordon: They didn't know what a good salesman you were, Maurice. Mayor Ferro: T had nothing to do with it. Yee. know the stories of the R.E.I.T.'s the stories of every convention center of every shopping center and everything, you know wh,it. it really i s? It is semebedy'a educated guess. And J. L., you and I went through this with the poliee station. Do you remember that? Mx. Plummer: That's right, sure aid. Mayor Ferre: And I don' argue with you, yee're right. But let me tell you some- thing. ':,otil.Ahing like this, I agree with you we need somebody's educated, if we get Hammer Seiler or Artnur D. Little or so and so and they've got to come in and they've got to tell us, "Thi.s is what we think it will do." But I want to tell you thot 1..2.twe.c:u that and reality no:. heti, :'m eelee to yk.e eemething. going te cos:. Yoi. knew 1 Lie e1e--2 to Mayor Ferre: That's different, I agree with that. I want to know what it is Mr. P1.nuner: There's 34 bankers sitting around you but you know, Mr. Mayor, we've got. 340,0flO pf.ople we reprst-:!nt and if I've got my choice I'll take the 34 yelling at me rather thn the 340,n00. Mayor Ferre: Well, let me tell yo the: e a wonderful saying that says "Behold the turtle. Le.SS he sticks hie reek reit b aever makes any progress." ,Il1orripitompi111111'1 JUN - 9 1g76 10 6� Mr. Plummer: That's why we've got turtle soup. You go ahead and be turtle soup I don't want to be that. Mayor Ferre: If we had that kind of approach we wouldn't have a new Police Depart- ment.... Mr. Plummer.: Mr. Mayor, L haven't heard anyone tell me right now and I think I'm entitled to know. What is going to cost to operate? Mr. Andrews: You're right and maybe I'm not communicating with the commission. I said firs!_ that the architect within the next 30 days if you agree that you like what you sec so far and it can go together everything else is correct to your satisfaction and to the rest of the commission that within 30 days we would _ have that information for you and this first phase would he completed. And you're right, you should have that information and you will be furnished. But the other steps that we want to 'ake simultaneonsly is taking advantage of that same 30 day time in order to get a tentative agreement drawn up. We can get together with the university. It doesn'' mean it will he consumated until you say so, that an ordin- ance be drawn up and that it not be passed until you've: had an opportunity to re- view it with the City commission. Mr. Plummer: Let me ask you a question and I'll stop you real quick like. Is what you're saying is that that brown folder that you gave us the other night is a comic hook. Mr. Andrew::: It was a draft, it maybe shouldn't have been distributed at all. Mr. Plummer: Ok, alri( ht. If that's the case I'll accEpt it but that thing that were presented night bffore last was a funny book and that's what triggered my suspicions. Rev. Gibson: Mr. Chapran, you represent the Chamber. Is that right? Mr. A. Chapman: Right. Rev. Gibson: Is it fair for me to ask you a question? Ok, sir. You too, you're in the peculiar business. Now you all have not had a chance to confer. Tell me what your reactions are. 1 Mr. Chapman: My reaction to the proposal, the plan? Rev. Gibson: All that that you saw, tell me you love Miami and we aren't worried about that we know you love Miami you have nowhere to go. You're like I am you're going to he here, both of you. Ok, let me hear your reactions. Mr. Chapman: Ok, my reaction having seen this for the first time this afternoon is that this is a very exciting conept. It is a concept which can indeed do what we hoped it would do which is spark the revitalization of Miami. Whether it's got 5,O00 seats or 4,500 seats or 5,500 seats is somewhat incidental to the fact that it is an exciting design. It does capture the feeling of Miami, it does bring together the University of Miami Center with all that that means and a very sophis- ticated very exciting audience that they will support along with the people that will come to use the City of Miami Center into one very exciting concept that will spark the revitalizatic-i of this city. If this built there is no way that the four blocks of DuPont Ilaza can remain vacant next door to it. Mayor Ferre: Or the oiler side. Mr. Chapman: Or the other side or across the river. This is the center that will spark the total rebuilcing and revitalization of the downtown Miami from a private enterprise standpoint. This is the seed right here from which it call all grow. I'm very excited about it. I'd like to see the next final design but my imaginat- ion has been peaked by what I've seen. Mr. Skip Shepard: I'm very excited about this whole situation and I agree with Alvah very heartily. We have been working on something like this for the downtown getting people, generating people for the downtown area and just thinking about the thousands of people and professionals that are going to come down and use the facilities of the University of Miami. I can just see the flow and the happiness of my waiters and the happiness of all the people downtown. Mr. Plummer: Your stockholders. Mr. Shepard: Yes, I can see that. JUN -91976 Mayor Ferre: They're Wiling already right here at "Rir City". Mr. Shepard: Yes. But I'd like to long a:.; I'm up here I'd like to eali the attention to the commissioners that if they're going to ask and they're going to try to get a good hotel operation you've got to remember that they have to, who- ever comes in here is going to have o borrow money. He is going to have to look for financing. And we are not going to subordinate the land to any financing so it has to be a long term lease so that he can go to a finance company and get the money that is needed. Mayor Ferro: Skippy, there are the perimeters that we have to design. We have to be realistic. I want to repeat because T think it really is important. I think our vision of this has got to be that it is going to be a self sustaining unit. I would hope that the money we make from the hotel lease and the commerc- ial operation will be sufficient to really run that whole thing and hopefully break even. Mr. Shepard: Well, it's definitely has good... Mayor Ferre: Now it has happened in other parts of the United States. And I think it is going to happen more here than any other place. This is going to be a money maker. and I think it is going to be something that is not going to be a money maker and I think it going to be something that is not going to cost the taxpayers just like the Orange Bowldoesn't cost the taxpayers. Mr. Shepard: If you're asking an investor to come in and build a hotel that's going to cost about $10,000,000 then he's going to make sure that he's going to be on top but don't make a lot of restrictions. And I think the commission should ask the, call in the advice of a hotel operator and I'd be very happy, I am inter- ested in it but I certainly if I'm net, J'cl like to help you or assist you in final- izing and breathing some information intc these concepts. Rev. Gibson: Thank you gentlemen. Let's remember now when they put the heat on us I'm going to say you all told us. Mayor Ferre: ... What is the first step? Mr. Andrews: A motion authorizing the Manager to go ahead and authorize the archi- tects to complete thic concept in the next 30 days and submit a formal report docu- ment to the City Commission with the kind of information that Commissioner Plummer • and the other members of the commission have asked for. The following motion was introduced by Commissioner Plummer, who moved .its adoption. MOTION NO. 76-586 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH THE ARCHITECT FOR THE CITY OF MIAMI NEW CONVENTION FACILITY/ UNIVERSITY OF MIA.MI CONFERENCE CENTER TO COMPLETE SCHEMATIC DRAW- INGS WITHIN 30 DAYS. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 83 JON _ 9 1976 The following motion wa introduced by Commissioner Gibson, who moved its adoption. I.IOTION NO. 76-587 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO PREPARE AN AGREEMENT WITH THE UNIVERSITY OF MIAMI IN CONNECTION WITH THE PROPOSED CONVENTION FACILITY/ CONFERENCE CENTER FOR CONSIDERATION BY THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-588 A I4OTION DIRICTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE OR ORDINANCES IN REFERENCE TO THE PLANNED ORGANIZAT- IONAL STRUCTURE TO MANAGE THE PROPOSED CITY OF MIAMI CONVENTION FACILITY/UNIVERSITY OF MIAMI CONFERENCE CENTER. Upon being seconded by Commissioner Gibson, the' q tion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-589 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO MEET WITH THE OFF-STREET PARKING AUTHORITY IN REGARD TO THE DEVELOPMENT OF A PARKING GARAGE IN CONNECTION WITH TILE PROPOSED CITY OF MIAMI CONVENTION FACILITY/UNIVERSITY OF MIAMI CONFERENCE CENTER. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Andrews: The last one is authorizing the city administration to prepare a feasibility study document. This is for the invitation to get a feasibility study accomplished and proceed with private development of air rights. Now what I'm really trying to say there is take advantage of the air rights in concert with the development of this invitation to obtain the cervices of a consultant that will assist us in tying this all together. The package that that consultant would pro- duce or the product that he would produce would enable then the city to take a document and turn it over to hotel developers that completely describes this project. Mayor Ferre: And sell it to the bankers. Mr. Andrews: Sell it to the bankers and sell it to the hotel interests. Mr. Plummer: Why wouldn't that be done by the hotel rather than by us? JUN • 91976 Mr. Andrews: No. We We to pick a firm who will assi:the city in designing the document and who understands all of this and knows how to put it together. • • Mayor Ferre: You've got to go to experts, J. L., because bankers want the experts. They don't believe in you and me they need those experts. Mrs. Gordon: And it's got to be done at one time because you cannot do that in phases the way this is structured. Rev. Gibson: Mr. Mayor, we got an offer from Skip Shepard. I hope that does not... Mr. Andrews: That would not preclude his input... Rev. Gibson: Please, you know we get these guys from Chittling Switch to come here and they end up. You know I want to make sure everybody hears that. I want some of these local people talking some talk. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-5901 A MOTION AUTHORIZING AND DIRECTING; THE CITY MANAGER TO PREPARE A FEASIBILITY STUDY DOCUMENT TO PRECEED WITH PRIVATE DEVELOPMENT OF AIR RIGHTS SURROUNDING THE PROPOSED CITY OF MIAMI CONVENTION FACILITY/UNIVERSITY OF MIAMI CONFERENCE CENTER INCLUDING OBTAIN- ING THE SERVICES OF A CONSULTANT TO ASSIST THE ADMINISTRATION IN THE DESIGN OF SUCH DOCUMENT. Upon being seconded by Commissioner Gordon, the motion was passed and • adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Excuse me, Paul, the one you know that is really a little unfair, we have not heard from Dr. Stanford at all. Mayor Ferre: Well we're going to hear from him, he's going to close this thing. Dr. Stanford, before I recognize you because I see Lucius Williams is on his way out, he's going to ride home on a motorcycle I understand. Mr. Andrews: Mr. Mayor, I want to point out one thing because I don't want to speak after Dr. Stanford finishes. Mayor Ferre: Well, you'll have that chance but I want to call on Rick Sisser and Lucius Williams for a second before Lucius leaves. Ladies and gentlemen, the City of Miami took on as the single most important piece of legislation for the city this year a constitutional amendment which nobody really thought we could pass. They said we couldn't pass the Housing Bond Issue and they said we couldn't get the Constitutional Amendment through. And I'll tell you there were days when we were sweating it out and I said well I guess we have been defeated. But just like Clark Merrill and other people in the City of Miami that work deligently, Lucius Williams, Angus who is also here, and I want to especially single out Rick Sisser. If you would stand up, Rick. You know Rick Sisser is the lobbyist for the City of Miami and for those people who sometimes are our crit;cs say, "What do you want to pay a lobbyist for when you've got a delegation that should be looking after the interests of this community?" and they do. But each one of those representatives and senators have what they call turkeys. And they've got all of these turkeys to take care, of and they've got 20 different different bills and 20 different things and they want to do and they belong on that committee. Rick Sisser when he went up there, and I said, "Rick Sisser, you've got one thing to do and that as far as I'm concerned, you get that bill through and if you don't you won't be around next year." Now that's called the incentive system. Now I'll tell you I know because I checked up, he doesn't know that I checked up on him. That guy worked day and night. He talked to more people, cornered more legislators, pushed pulled, influenced. He got John Forbes so excited he went over and he got commitments from the President of the Senate. It was really un- believable and I called up all kinds of people all over the state and every time I'd call - Hans Tanser from Jacksonville called me back and said what are you ask- ing me to do this for, it's all been done. I said, "What do you mean it's been 85 JUN - 91976 AP '1 done?" He said, "There's sorie guy by the name of Sisser or something that has already been here." And t jest want to take that two or three minutes to pay tribute to Lucius, to Angus end especially to Rick Sisser who really did a yeo- man's job in getting that and now, of course, that doesn't mean we're finished. Mrs. Gordon: You don't have to ask for a pay raise now. Mayor Ferre: So I really wan': to go oe record congratulating and commending all of you who worked on it. You did i_tl Mr. Andrews: Mr. Mayor, just reql quickly I jusr wanted to acknowledge that I don't think we could have reached this level of efficiency without the attention of Charles Crumpton, the Assistant Manager of Community Development and particu- larly of Jim Connelly who we appoirted to .actually bird-dog and coordinate this particular project. And I think tle fact that we have him and he was able to spend full time on it has made a difference in the professionalism in this entire approach. Mayor Ferre: Well you stand for recognition too, John. I'll tell you, you know I'll share a story with you. When Interama died and everybody didn't think that it was going to die, but it died, Albert Gissendaner came over to see me. He said, "You know there are a lot of things that happened in Interama, they aren't all lost. I'm going to give you as I leave Interama, I'll give you two bits of advice - hire John Gillcrest and hire Jim Connelly." And I went over to Paul and I passed on that information. I said there are two guys around here that are really pros that came out of Interama and I think, it took a long time. It took almost 8 or 9 months. Mr. Crumpton really worked on these guys but I'll tell you I think it was a major step forward and Elton Gissendaner was right and there is part of the results. Mr. Andrews: Yes. Now is the time to acknowledge these people not later. Mr. Lloyd: Mr. Mayor, I just want to tell you that Rick Sisser has at our request prepared a report of what his accomplishments were in the legislature. Mayor Ferre: We're going to listen to him in a little while, John but we've got two or three other items before that. At this time then I'd like to recognize Dr. Stanford so we can close this matter and bring it to a successful conclusion. Dr. Stanford: You've almost caught me speechless for once. Anybody at 7 O'Clock would have to be out of his mind to be anything but speechless. I'd like to be relieved of the responsibility of pronouncing the benediction because one of you has a better recognized pipeline than I do. However, I think this is a partner- ship for progress and we at the University of Miami are determined it will be a successful partnership. So thank you for your deliberations and for the conclus- ions you've reached this afternoon. Mayor Ferre: Thank you, Dr. Stanford. JUN - 9 1976 PERSONAL APPE. IANCES BY REPRESENTATIVES LO UN I VERS I TY OF CH I CAGO TO DISCUSSION ENTRANCE EXAMINATION PROCEDURES ADMINISTERED BY DD* THE UNIVERSITY Mt. l.ndrews: The City eominission,sr. veral meetings ago, continued their dis- cussion and concern as to a manner in which the last police examination was held and had several questions with reference to the fact that certain individ- uals who had taken examinations had failed it and was concerned that their were elements of the examination that could hove been handled differently that might have produced different results and you asked that Dr. Saunders be present. First, you asked that 1 sommunicate with hire or Bob Paul.k of Civil Service communicate with him to invite him here to make a presentation of the conditions of this examination as, to how they were hnndled so that you might discuss with him further if there was any opportunity to examine the pessibili.ty of holding a portion of the examination over for those people who had failed in an effort to further qualify individuals, whether that's possible or not, we'll have to wait and see until we've heard all tale trio a and Dr. Satmder•c is here for th;it purpose. So, Mr. Mayor it's appropriate for you to call on Ur. Saunders and then `tr. :'au1 k, Per. McCrary rand others. Mayor Ferree Mr. Saunders, let me start oft by saying that I for one'_ have a serious concern and mieeivinga about the tact that a lot of people from Miami who had an dwful lot cat hope and an Awful tot of faith and went to an awful lot cis trouble. Some of rhem served as Public Aids, others went to this Tri-Cultural Program and studied diligently to pass an exam and become a police- woman or a policeman in the City of Miami. And, 1. recognize that I'm not a psychologist or a psychiatrist or .I aocofoy;ist or involved in testing programs and I have no expertise and I admit it, --- 1 may be a]1 confused. I understand that a lot of those people who took this exam passed the academic portion of it. I understand that a lot of t.hesc people that took this exam passed the academic portion and thee: passed the psychological portion of Lt. They were graded and they oasaed and then there Is a third st•t t i nn ul the exam called validity and during all this ':ery ce mpl icated, s;ophisi.ltated thing called the validation of the exam there were some '., rcttis ref c r enc c� questions; that as 1 understand i t , if a candidate answered one, one way .old ;answered another the other way, the assumption was that he was guessing or that he was trying to lake it :and there- fore if that happen., strtficiently that person was therefore failed. Now, 1 understand that the east majority of the people that took this exam failed on that basis. i further understood you to say after about an hour of discussion here and several months ago, three months ago, that this was a new thing that were involved in. That it was complicated, that we were going to have difficult- ies, that we couldn't have it perfect. That we had to perfect it as we went along, that it was complicated procedure. ?erhaps, this time it hadn't worked as well as we had intended, but that with this experience we would continue to learn and perhaps in the future examinations we would perfect this system so that the validation portion would be more valid itself. Now, as I recall your 40 statement(and I. have it written somewhere around here) you specifically and I didn't mean to hound you, even though I realized that I kept coming hack and back, and back on that subject, but you made a statement at one point that you said, well I'm certain that if some of these students who passed the .academic and passed the psychological wore to take tine exam over again(another exam I assume) they would probably pass it. Now, ---- you put all that together in one basket as far as I'm concerned. What concerns me is that there are an awful lot of kids and people that are not. eying to be policemen or women he - cause they were failed in something which was not perfected. And, why should they be the victims or why should they pay the price because we didn't quite have it all in hand? I'm not askitig for any special privileges for these people what's happened has happened. The 106 that passed (passed). They're on the register, they get first crack and that's i;ol.ng to he it. And, there may nor be any openings anyway. This may be all academic. What I'm concerned about; is seriously concerned about is it's a matter of simple justice because of what I'm concerned about is net the one or t e or three persons that discriminates and la unhaii , i'e coticerne. about this goes Ior blacks, and women and laties an•_ ah;ie's a:id everybody is t:het tr.ey're out their in their neighl,rlr- hoods and they're saying -hey, boy we really got shafted and the City of Miami did this and Liaat and its going to make it harder and harder for us In the future to get type of applicants and the people that we want to become a pollee c• personnel. And, all I really want and I don't want the validity tobi or that --- that's ycur jog. 1 don't know anything about how these tents go, all L'm saying is those pc ople that failed acadt-nft_a.11y that's it, they've had I t . Those eeople that failed psychologically they've had 1t. But those people that got caught in Ilis web of validity, who passed the academic and passed the psychological we ought to give there a chance to take another test and somehow 8T JUN - 9 1976 0 work ft nut so that they have the opportunity. Now, you soy that the trick rec- ord is that 507 of the people the: eft into the academy don't make it and that by this federal. testlne sophistic..ted, You s;iid,you would hope that would be cut to 25%. Now, whether there's 25 or 507 we're not goinf, to end up with 106. You may end up with 50 or 60 or 7 ;ind the w.av these things happen it'll probably be less and we may have more than -- I don't know Captain you can tell me how many openings we're going to have Nobody really knows, but in the past we've averagedclose to 100 a year. Now last year it dropped down to about 60 or 70 as I recall, it's been dropping, I know that. }gilt we may have some extra openings and all I ' m saying iK th; t --- the rt ' , e red i t i hi l ity in the community we've got to do something and I rt st case that'K i t . Mr. Plummer: Let me make my hone of contention. then he can speak to both. I think maybe that might be the eas est thing. My problem that'I'm having problems with is the fact that this Commis)iav passed a resolution telling you as our employee or designee to do certait thins. Now, wi.theut replying to this Comm- ission, unfortunately I read in tie paper your respt nse To the hest of my knowledge I never received from ycu or from the administration a response to our director and it is still as i see it the prerogative cf this Commission to set the policy. This policy is set. :.uu are carry it out. you were hired by this Commission and only this Commissic n can fire you. So. what I'm saying to you that when this Commission set a policy 1. don't feel tlat we got the courteous of a reply except we read about it it the newspaper. Anc, that's my bone of cont- ention. Dr. Saunders: Mr. Mayor, members of the City Commission. I think it would be simplest for me to deal with this second issue first because I think the facts on this particular matter are fairly simple and straight forward. Of course, we have some lines of communication :nd some awareness of things that happen here, but it is the fact that we were nc t contacted officially with respect to this action that you referred to and it is a fact that I was asked by telephone a hypothetical question by a reporter as to what we would do if this became an official action. And, it has beer my policy in dealing with these matters white I haven't sought the press,neither have I hidden from them and I've tried as best as I can to give them straiglt answers to questions that seem to be straight forward questions. And, so I certainly did indicate in response to such a question that we would have great difficulty with the proposal as it was suggested in the hypotethical question from the reporter. As far as I'm concerned that's what happened. Mr. Plummer: You're saying to me that you were never eontacted and given the direction of this Commission? Dr. Saunders: We were informally contacted period. Mr. Plummer: Would you go into a little bit more and tell me what informally means? Dr. Saunders: I was called on tht telephone by Bob Paulk, who asked what our position would be if this became ; formal request and he pressed me somewhat in terms of whether my response w;s an official response or not on the Industrial Relation Center and I pressed him somewhat on what he meant in terms of an off- icial response,that this would be something more than a sounding out of what our position might be. i took it upon myself over a period of time because this was the only way I could do it to disouss the matter with every one of my colleagues who would have an interest in the matter and in due course I was able to tell him that there wasn't anyone on otr staff who saw a feasibility in the proposal as it was being communicated to u:, but that is something that was happening as I say informally, we were never confronted as I understand it with an action by this Commission. Mr. Plummer: Well, Doctor there teems to he a little bit of difference between what ycu consider to be a feasible and what you quoted, unless you were misquoted in the paper as being an absolute "no". Now, would you explain that difference. Dr. Saunders: Well, I'm sure that the phrase 1 used in responding to the report- er was that we would have great difficulty recognizing that the question was hypotethical. I could not assume what the exact circumstances were going to he or what the exact proposal actually wus. It sounded like something that we would have great difficulty dealing wit) . Mr. Plummer: What yo;i're telling me is vein- ;newer was that you would find great difficulty. You did not give an absolute "no"? 88 Uf. anunders: I di 1 not. Mr. Plummer: Now, the next question has to he Mr. Andrews or to the Clerk, who- ever responsibility it is of forwarding to them the derision policy making of this body, why wasn't it done? Mr. Paulk: I think I can answer that Commissioner Plummer. Mr. Plummer: No, I don't want you to answer it. Mr. Andrews: I can't give you an answer at this point without checking the records to find out the circumstances under which you gave that direction. If certainly if you were silent in whe should obtain it then I would have to assume the responsibility. Now, I really don't remember what the circumstances were. Mr. Plummer: But you didn't do it? Mr. Andrews: I didn't do it and I at this time until there are some ether indications I'll have to assume the burden of responsibility that I did not communicate with Dr. Saunders, but I don't remember the circumstances right now. Mr. Plummer: Mr. Paulk if you could shed some light on it I would appreciate. Mr. Paulk: Yes I can. Mr. Andrews asked me to convey information to the University of Chicago to ask them if they would come back in an re -test. I did that by telephone to Dr. Saunders as I previously indicated to this Commission that makes two weeks, it's almost two weeks ago and broached it on the subject of if there was a request as Dr. Saunders indicated to re -test, what would there position be and I outlined it much like the Mayor did here today with regard to the clement of people who failed one portion of the total screen process in testing and testing only those people who failed that screen. And, this was on a Friday following the day that the Commission took the action. There was no resolution passed to my knowledge. There was a motion passed by the Commission and routinely the Commission acts either by ordinance or by resolution and it is my understanding that's the only way they can act. That, by the motion that was adopted on the particular day in question, a resolution should have followed perhaps at the next Commission meeting in which it did not. And, subsequent to the following Commission meeting two week from the date that the motion was passed Mr. Lloyd rendered a legal opinion that dealt with the subject of the City Commission's authority to re -direct the test and that was indicated in a legal opinion that was I think rendered on about April 27th. Now, I could be wrong on that date. I do have a copy of it here however. I did relate the information to the Civil Service Board as to the action of the motion that w.is passed by the City Commission and the Civil Service Board in no way indicated to the that I should direct the University of Chicago to come back in here to re -test. That would be the proper authority to re -direct the test. There is a means by -which people who are contesting an examination can ask for a re- view of that examination and that was not done. Numerous inquiries and direct- ed through the Mayor as to the reasons why people failed the examination. No official protest was executed to the Civil Service Board. Copies of memorandum asking why I failed and this was discussed at the workshop which occurred here jointly between the City Commission and the Civil Service Board shortly after the examination results were presented and the register was certified by the Civil Service Board, so I in no way could have directed Dr. Saunders to come back in here and re -test because the Civil Service Board did not direct me to do that. I have kept the Board posted as to the scheduling of this particular subject on each of the occasions that it has been scheduled before this City Commission on the agenda's and there have been several occasions in which it was done. One time it wasn't possible and that was on the afternoon at which time Mr. Grassie was in town in which the Mayor brought it up and that was shortly after( I think) the week following the issuance of a legal opinion by Mr. Lloyd, which clearly indicated the Commission had no right to direct the re -testing and I think quite frankly, if the Commission persued that it's a very dangerous precedent in that the Commission becomes involved in all of the testing, not just this particular test. There are people that are tested from time to time as the need occurs and to re -direct the test, he re -tested is going to set up a very difficult time for your Civil Service Board in many, many tests, not just the test involving police officers, so to be quite frank I did not ask Dr. Saunders to come in. I did re -act at Mr. Andrews request on the day following the first motion that was passed back in April( I think) that the Commission passed direct- ing that the come in to re -test. 8'? JUN • 9197k ,i.r, Plummer: Mr. Clerk, 1 would like a copy o1 that white the Doctor is speaking, because I think the action of the Commission was a little stronger that. You could have Mr. Tingley get me a copy of that motion while he's speak- ing I'd like to see it. You think it was in April Bobby? Mr. Paulk: I believe it wa ; in i'.pr i l . 1 an t r 11 you exactly the date, April 8th. Now, there are other things that 1 d dn't relate sour ah meetings with Mr. Lloyd, Nir, Mc Crary, P.O.P, Community ,'.R.A., etc.But they really don't deal with that except :tv a sideline issue and which brought about a legal opinion. A legal opinion really came curet as a result of the motion that was passed by the City Commission dtrectink that no resolution could he adopted. So, there was no resolution Commissioner Plummer. Mr. Plummer: Ok. Dr. Saunders;: Would it he appropriate thei to turn to the other set of questions? What I would like to do is to tale just a .:ew minutes to review with you the mechanics of this examination. :!r. Mayor has already alluded to the fact that there were three screens involved in the processing of the scores for each individual. A .o-called academic screen, a so-called validity screen and a so-called temperament screen, these are .1l based upon the same set of what appears to the candidate to he eight rii i ferent test . Two of those eight tests are primarily directed toward the academic area and the other six are directed jointly toward the so-called validity area and temperament. Now, as I under- stand it there 1a relatively little difticulty that we are having in regard to the so-called academie screen. This; was set: at a low level, 25% of the indiv- iduals were not passed on this academic screen. Actually, that 25% were not passed doeo account for almost a third of those who failed the exam process as a whole. On the other hand there does seem to he confusion and perhaps even lack of cornnunic_iation on concerninf', the other two screen. So I've prepared a diagram which is designed too show haw the other two ;,creens work together. I don't believe they can be separated. We have two scales on this chart. The horizontal scale is labeled temperament screen and shows scores ranging from zero to one hundred(O tolOO). The vertical scale represents the validity screen and shows scores ranging from zero to a theoretical possible maximum of (158). These dotted lines through the midule represent the scores which were used as passing scores for these two screens. Now, these passing scores will divide the total group into four parts. Now, we have those who passed both parts (up in this corner here) those who did not pass either part (down in this big section) those who passed on the temperament screening, but not the validity screen (in this section) those who passed on the validity screen, but not the temperament screen(up In that top reetengle) and in each category the number represents the chances that an individual in that category is an above average performer in the lob of a police officer. Now, the first point I need to make in relation to this is that it is Lased directly upon the validity study which we carried out in the police department. in December of 1975, and this diagram represents the pattern of reacilts that we obtained from an incumbent group of individ,als. What we sec `a that when we are looking at those who are on the low side of sais validi y screen. nowledgs of oho temperament screen doesn't make any d fierer.ce.Thatis to cay the chances that we're looking at some- one of Nova uv2Y3 E -:e:-fcrmance are juaz 'zhe same as if we didn't have any test results ae all (50/30). On the other hand, when we're looking at someone whose validity _;C.een score -., above this threshold of (142) we do learn some- thing f roc. the '_ei peramenz aereen and for those who passed the temperament screen we i.ow have a 70% chance :hat we're tiealinn with an above average per- forme:-, wnereas below that passinn mark we'll 1.00 :ing at 30% chance and this is the way in which the two screens wort: together. Now, if we look at the screens seca-rar.ely, if we give either one of them away and don't bother to use it. We'll i ec somewhat different: result.. If we were to attempt to look at the temperament e re .n and and ignore, the naiici.zy screen in effect we can take an average (JJ into JJ) ea:: Life f:eo.,_ct low on the temperament screen without: r zo validity would come ?: to acout (.4) and those above passing on the temperament screen without regard to validity would come in about (.6) so the temperament screen noes have the property that used along, it would help to predicate above average performers. Now, if you look at it the other way and attempt to use the validity alone you find that doesn't work, that the average for those who are low on validity ignoring the temeperament is (50) The average for those above is also (50). So, the validity screen along is of no value, but used together with the temperament screen it enables us to recog- nize a group up here who relatively very good chances of being seen as above average performers in the job of police officer in the department here in the City of Miami and this is basic pattern of results that exists. This is based JUN - 91976 on the enoumbent group. Mayor Ferro: Was that nred[cta►le? Dr. Saunderr, : Uhv, iousl v, WIC hadcrume ncr► icon that It would be th. re bust to have looked tor Ir. Mayor Ferro: Let se then ask you this guy :,lion. I'm going through this process with my kid to take 'he SAT's to eet. them to1 i 's;e and obviously my kid's a real bright guy but he didn't too well, you kno'.e so I say well it came out after his mother or something, hut as it happens to be it's the other way around, she's the smart one and I'm the dumb ,me in they family, so the poor kid comes out takes the SSAT does well but he didn't well--- and I say wait a moment let's go over this thing and it happens to be that it's got nothing to do with any of these things because what happens is ten thousand kids take this and then they take these statistical averages just like that. One line goes this and the other line goes that way and the 30% goes--- and so many of them fail and so many of them pass. Now, is that what we're doing? Are we pre -disposing on a percentage basis that a certain amount of these kids are going to fail? Just like the SSAT does? Dr. Saunders: We're taking the position that we have in effect to produce a rank ordering of individuals. It can't he that everybody is number one on the list. Mayor Ferre: I realize that, but the question is --- Dr. Saunders: ---- Somebody is and somebody is number two (2) and so on down. Mayor Ferre: Is there going to be 30% or 40 or 50% that will fail be- cause that's the way that --- Dr. Saunders: Well, it turns out that within the structure of this thing and this is the second chart that I have. There is a nature way to decide what should be a passing score. Mayor Ferre: And what is that? Dr. Saunders: I've anticipated it by drawing dotted lines on this chart, but let's look at the other one. All right, this is the same chart with some additional contour lines drawn on it, now what this tells us is that along one of these lines that's been added. We find individuals who have essentially the same chances of being above average. The individuals with the best chances are the ones right up in the corner here and then we work on down sort of in both directions and this line here represents a contour of individuals who have equal chances with each other and then there's another line further down hill from this high corner representing another group of individuals equal to each other but not quite as high as this first one. These contour lines comes down and they're coming downhill from this corner, down to this intersection here which is actually at 75 with 145. At that intersection we actually have two horizontal contours where it becomes possible to slice this thing very easily and use a passing score in each direction independently of the other. The contours continue on downhill up to this upper left hand corner. This lower part of the chart is really almost fiat in terms of the contours. This upper part has very steep contours and you know getting from here down to there is a very substantial difference in the chances that an individual is going to turn out to be above average, so what we have done is to say that we'll use a passing score which coresponds to these straight lines horizontal, flat contours and then adjust them equally in both directions to make allowance for the fact that there is measurement area in each of these two scores. And, so the 142 and the 70 replace the 145 and the 75 as passing scores. Now, the big problem that would give me great difficulty is that there are .individuals who have roughly the same probability of success on the job as other individuals through here. And the difficulty that I would have is :oat in the process of wanting to be fair to individuals, the principle is the individuals who have the chances of success should 'nave the same chances of being selected. That is an objective standard, a definable standard and ono that we can Implement in this context, but if we implement that kind of a standard, if us us • *o move this passing score in this direction we've got :o move rhat or in ti,.:. direction. And, they two are tied together and so the pr.posal to `so t individuals who have panned everything except the vai dity screen which means looking only at people in thli section here is in affrct unfair to some individuals over in there. Mayor Ferre: Not many? IU III! II!l lRll!!��IlAllgpl 1p��Il�!��iw!! 9/ JUN - 9 1976 Dr. Saunders: Oh, I don't know how many. There are probably just about as many crowtti.ng that boundary as they aro deriding this one. Mayor Ferre: Oh, well then I misread those figures. Let me ask you this about this Dr. Saunders, is it possible that you passed the number of people who would have other wise failed this exam in order to create a control group and thereby test the validity of the test itself. Dr. Saunders: No, we did not do that.. Mayor Ferre: Well then how do you explain the case_ of Willie Gator-- Dr. Saunders: I. think this was the year before. Mayor Ferre: Well, I think he was one of the ones that was involved in this -- (she) excuse me, in the Stanford test given previously by the Tri-Cultural group, she scored a fifth grade reading ability and yet as I understand it she passed in this thing --- Dr. Saunders: She passed the 1975, recruiting exam, but she did not pass the 1976 exam. Mayor Ferre: She wasn't involved in this. Dr. Saunders: She is not involved in what we've just being looking at. Mayor Ferre: I see. So, in other words, there isn't people that are passed or in this case people that have failed so that it can used as the measure of the test itself or to validate the validity of the tent? Dr. Saunders: As far as we're concerned the validity of the process has been established through the validation study where - in which we collected data in December and these two charts are based on that study and we have applied the results of that study in the January testing. Mayor Ferre: Willie Gator did not take this take this exam and did not pass it is that what you're telling me? Dr. Saunders: 'that's my understanding. I don't think she took this one. I think she was still in the academy when this was given. elf Mayor Ferre: That was the previous year. Well, ok. So, let's cross out the name of Willie Gator and perhaps, you shouldn't use specifics and the point is as I understand that there are people who have very high academic background who'll pass the exam and they've also passed the psychological aspect of it and the people who were very low academically, who evidently made it through and that's you know and this is the type of thing that I get feed back from a lot of people in the community. Dr. Saunders: Well, it's always going to be the case 1 suppose that it two different use two d fferent tests even though they have the same label on them they don't always produce identical results, even if it was the same test given a second time it wouldn't necessarily produce i denti.cil results. There are measurement areas and there arc• even systematic areas it you substitute say, a test of so-called reading ability for a test of say, vocabulary skills, they sound very similar but there will be occasional individuals for which there will be very big differences on two tests with names as similar as that. We've looked at some of these data and I can make the following sort of statement with a great deal of confidents that if you want to pass the test that we gave in terms of the academic screen and that's what we're really talking about here you should have at leas_ a loth grade reading level (average loth grade reading level). That is effectively the standard that we have set, that is what it amount to if you translate it into grade level terms. Now, that's not very different from saying minimum high school graduate, because the average high school graduate is something more than that and you don't have to be an average high school senior in order to graduate. So, average loth grader and minimum graduating senior, I think, are about the same thing. And, that is about the standard in effect that we have :yet, now if you can meet that standard your chances of passing the battery as we scored it are about one and three. If you are a 9th grade or lower, your chances of passing the battery as we scored it are only about one and twelve ( 1 & 12) and there's a very sharp break between 9th and loth grade reading level, so that is the practical standard as it turned out. 92 JUN - 9 197q • Mr. Plummer: Where did the figure 11)6 come from? How ,aid your derive at the 106 of who would pass and the one:; that wouldn't? Dr. Sdundern: The 106 :rffeetively ta the number that tarried out to he In the corner ahuvc those two dot ! cd I ln' ..;. Mr. Plummer: But, did they determine the 106 or did the 106 determine them? Dr. Saunders: They determined the 106. That is to say that the validation study itself determined what the passing scores needed to be in order to find those cut off switch were straight tines on that chart. Now, and all of the work with the validation ;ample. The December testing results we found that a score of 145 was the best one to use. You really needed 145 to have a clear indication that you had passed on the validity, so we shaded that to 142. And in the cr5,e of the temperament screen, the average is 75, roughly. We shaded it out to 70 in order to again allow for the possibility that somebody missed it through measurement area. So, our peaition is in part we think that we've anticipated the kinds of concerns that you are bringing up at this point. Mr. Plummer: Mr. Mayer, the Ching that I wanted to get out was, you made a statement last meeting that er)raone made a statement to you, that's third hand but 1 want to get that one down that the validity portion of the exam , he one of the people of the University of Chicago did not understand the validity --- what was the statement you made? Mayor Ferre: Ne,no-- Mr. Saunders, it wasn't--- Mr. Saunders made a statement at that record that this was a difficult area that we were involved in. And, that it wasn't that simple and it wasn't that simple to understand, that it wasn't that .impli• te account for and that this was the first time that we had gone int:, that. Am I saying---- isn't that basically ----- Dr. Saunders: You are saying that th1, i•; innovated, which it is. Mayor Ferre: Yea, and you said, and you ,rased that word, you said, this is a innovative approach and like anything that's innovative like what you write when you do something new you're bound to make a few mistakes and there maybe some things that are not correct: here and as we proceed we're going to correct them and next time we're have a better exam and we'll improve it. Isn't that basically what you said? Dr. Saunders: We certainly hope we can improve it. Mayor Ferre: :'r-11, ok. Now, so the point that I'm trying to say is if he therefore admits that it is innovative, that it is subjected to mistakes and that there may have hen mistakes ;wade then I say why should the innocence be victims to none statistinal averaging et medium scales and curves and the flats and iows and all this kind of stuff, you know, which statistically numer- ically, mathematically is correct, but we're not dealing with numbers. We're dealing with human beings that are trvin;_; to become policemen or policewomen and in effect what we're done by being statistically purposed- you know, and statistically accurate in projections that. ;r.c.y have been run through a computer as to what the probabilities were or should cr shouldn't be. Is that we are disfranchising a lor of people taut woulc' probably make damn good policemen and policewomen from hr comint; pc -linemen •ntc eolicewomen. Let me put it another way. Before the University of Chicago ar.d before the Cohen case if that had not happened we would have ;on: along in the old way and we would have had academic testing and I dare say that inn: ad o; 106 Captain, you probably would have had 200 or 250. Now, we would have probably culled that now through the screening p; c)cess and the verbal-- that's really what it is it's the psychol- ogical thing. This is a more �iin_'_i�C c;' doing n„ it. _ut it's the same thing. You know, you set e group an. e era s^d they Fit around and they ask people whet wou.;:.. you do wiri this, ese ..eet en you think about that and what's your opinioe of :o-ane-so •1lci --'-- wb ,.' rater: psychological testing, that's the old way o: doirae it , now we sot a mnc_orr way of doing it and you' all would have narrowed that done. Then they would have gone out to the academy and some of them would have made it and some of t:iem wouldn't have made it. But the point is 1 believe that , et of 573 that took the test that we would have had more than 106 and what worries me is not about the 2 or 300 that aren't going to make, wouldn't of made it should make it. I'm worried about the 50 or 60 that probably under the old system even atter the verbal screening and the other thing and the other thing probably would have made it and probably would have Trade darn good policemen cr worne. I'!r, concerned about those people becnr!se of some curve or statistical thing or whatchajig or whathaveyuu didn't and I sea JUN - 9 1975 don't know, maybe you eon that prc;f',ress, but let me t,1 l you what the effects of that is. The effects of that in the long run. The effects of that is a lot of people out in the community are turned on and when we now go and say"hey we want some more Blacks to be policemen", and we want more Latins to be policemen", and we want more Women to come in here", and after all these guys have been out blabbering all over the place and come down to the city and say well look at what they did, you know, hey you want to know something, I went to graduate school and took three courses in advanced statistics, I don't understand all of this stuff. I really don't. I'm going to be honest, you know, and I went to finance, to graduate school and took three advanced courses in statistics and I'm telling you I don't understand it and I doubt very much if there are very many people around here are going to say that they do understand ft. And, what my concern is when you get thr' average person out in the street, white, black, or latin or whathaveyou talking about this the main effect is that it's a turn off on the City of Miami. And, Kenny Harrison wants the best people to be policemen, that's what I want, ok. We want the best people, you know and I'm just saying that i don't know whether we may solving a problem, but we may be creating more problems that we're solving. Dr. Saunders: Well, the primary point that I would have to come back to would be a very simple one i_hat if you have four groups of people to pick from and you have this kind of information about them you're certainly going to make every effort to select people from this corner of the configuration. If you don't do that you're giving something away, something valuable, something important, something that represents effectiveness in the department. Mayor Ferre: Doctor, 1 have no disagreement with you. I think that we should get those people in that quadrant and we really ought to try to get those. I'm not worried about. that. Dr. Saunders: No, this is all we've tried to do. Mayor Ferre: Yea, but you done more, see, and that's the problem. Dr. Saunders: Well, we have done more in the sense that we have for our own needs I suppose sorted folks out into those three categories, but we have not identified individuals as to where in those three categories they may be. Mr. Plummer: Well, I think that the point that the Mayor, or maybe I'm trying to make is this is why -- would you say in your estimation or from your deter- mination of giving the test that 107, whoever that individual was, was not qualif ied? Dr. Saunders: I'm not sure whether 107 is someone down in here or someone over there. Mr. Plummer: That's not the point. Dr. Saunders: If he's someone down in here I just don't know. If he's some- one over there I can say yes he's probably less qualified than anybody among the 106. Mr. Plummer: Mayor Ferre: The ones I'm worried about is the ones over here. Mr. Plummer: Yea, but wasn't it a fact in the past what they had done to establish the register was 50% of those whc took it, wasn't that usually the way---? Mr. Paulk: No sir. uercenti_1e3 were established over a period of time and the most application of the examination for police officer administered locall}. I believe it about the 30th percent title. It could've been the 35th.---The 30th percentile, now that doesn't mean(please) --- that doesn't mean that of a specific group these are established percentile scores. You may have a group of people that would take it that no one would pass, although that did not happen. That did not happen. But these empirical information that was put together that was representative of a statistical scoring in percentile, So the percentile was diminished over a period of time from the 50th to 40th to the 35th. Mayor Ferre: Bobby, let me tell you what. Let me tell you a story. It's story telling time.There's a story about an aborigine in Australia and here's what 94- JUN _-a,9u.1976� ►►appened to the guy he had ;in old boomerang see. So he didn't like it and he got himself a new boomerang and so he threw the old one away and it came back and it killed him you know, and that's real nice. Perhaps, we're getting our- selves a new boomerang. This is the new boomerang, but you know, and we're throwing away the old one car--- and I don't know whether the disease or whether the curo is ending up being worst thus the disease. You know God help us from the medic hie. I don't ko w how else t.n put it . 1 know our intentions Are good. I believe that they are. But I'm not too sure whether the medicine is more lethal than the disease when you get 500 and some odd and we end up with only 106 that make it and the impact that that's got to have on the community. I don't know how else to put it. Dr. Saunders: Well, there is another dimension to the impact, or possible dimension at least and that is in terms of the ethnic background of the group who have passed. As you know, the composition of that group of 106 turns out to be quite representative and so there is an area of possible difficulty that this thing is quit, successful in negotiating. No, I think,we have no objection to the concept of individuals re -taking this examination and it's our understand- ing that in the normal course of events individuals would avail themselves of this opportunity whenever the next regular schedule for this examination will be. Mayor Ferre: Bobby, I don't know what else to tell you. I can define the problem, what I can't define is the solution. Mr. Faulk: Well, Mr. Mayor, I understand your concern that you want to do something that you feel is right for people who did not pass the examination and I think that what Dr. Saunders and although he hasn't been assisted by Dr. Fox at this; moment. They have no,aversi°Po retesting people, but it's the kind of a problem that we may get into if a test is given took soon insofar as to what effects it has on people who presently have a place on the register to be considered for a police officer. Now, when an examination is to be re- scheduled there are certain provisions within the ordinance that must be met and I want to cite those two. This the ordinance. This is the law. Esablish- ments and postering of register from the results of each examination the board shall prepare and keep open for public inspection an eligible register for the persons who average rating is not less then the passing grade and who, are otherwise qualified for appointment. Elig.ble applicants shall be notified of their rating and shall take rank on tha eligible register in the order of their eligible grades beginning with the highest rating, rule 6, part III, section 111, relative to veterans preference beiry complied with before hand. Whenever it becomes necessary to hold another simi a_ examination in order to obtain additional eligibles the Board shall establish a new register by consolidating the existing register and by re -arranging the names thereon according to their grades. All persons whose names appear on an existing register which is to be merged with a new register shall have an opportunity to compete in the second examination. Should such persons elect to refuse examination their names shall remain on the new register for a period of one year from the date the original register was approved by the Board, should they elect to be re-examined the grade earned on the latter examination shell be their official grade without regard to their previous grade. So, what you're treading on is if there's an insistence and if the Board should be in agreement to ask the University of Chicago to participate or to administer another examination these conditions must be met but going back to this one phrase when it becomes necessary to hold another similar examination. It is not necessary at this point. We have a group of people who have been ranked and are in line to be considered to be employed as police officers by ;.he City of Miami. That necessity does not exist, although I understand your apprehension. I understand your concern. Not just yours. I'm sure other Commissioner's as well. But should this occur we have a double problem to deal with. and letting these people know that they can re -compete any ettine them know that `', ._y stand a chance of occupaying a position lees thz.:1 Thc.• aireac c _ _upy, by mer:; ..;' the two groups of people together :.nd w have a proble;j uf th,':t `�?ir;:' te_ ':.ed 1.1 the court, b"cause whenever it becomes necess:2.ry to establish and that's not necessary and that's what I'm saying. 106 people which is diminished now down to somewhere in the 80's . I'm not sure exactly how many. Mayor Ferre: See, that's what I'm telling you. We went out and spent $275,000.00, ok, we had too. We had to go do it. We spent $275,000.00. Now, we're down to 80 people. Mr. Paulk: I said in the 80's Mr. Mayor. Bear in mind there was 106. 1•1ayor Ferre: In the meantime we spent'. all this; money for the Tri-Cultural Program all these Aids and all this thing and all this rigmarole, we're going from the frying pan into the fire. And we're down to 80 now. Ah my God, you know, I just don't know what ------ Mr. Paulk: Well, Mr. Mayor, for the benefit of the Commission and for the people who are here there are a number of people who have been removed because they didn't meet the residence requirements. Many people took the addresses of convenience, something that we can't be sure of. Mayor Ferre: Ok, Bobby, I'm not arguing about that and I agree with all these things and the regulations and what-!gave-ycu. You know, you're always right and I don't want to argue with you because you know the law backward and forward but when you end up in the bottom of--- you know, I'm a businessman and I look at the bottom line.. I look at the results. What's that thing Plummer's got on his desk. Mr. Plummer: The only way you can measure ability is through results. Mayor Ferre: And that's what I measure. What happens in the end, you know ---- Mr. Paulk: I think Mr. Mayor that Captain Reese has Some statistics here that really--- and I think you have them with you--- do yoi Captain? Statistics that deal with the number of minorities that Have been plaed over the past year and a half (11/2) . Mayor Ferre: Hey, you want believe me but I'm not really--- this whole kick of thine has nothing to do with minorities. Mr. Paulk: I understand that. I understand that. Mayor Ferre: Now, you know I've been on that kick be.:ore on other times and I feel strongly about it, but that's not what I'm tal'cing about now. What I want to know, I don't care if there are 500 white anglo-saxon kids with freckles and blue eves take that exam. I want to know if out lf 520 that take it next time 106 are going to pass and 80 and we're going to ipend $275,000.00 in the interim? Mr. Plummer: Nobody ever said it would be cheap. Mr. Paulk: 0r easy. 0r easy. Dr. Saunders: Most of that $275, if that's the true Cigure is in the develop- mental cost. The cost of administering one exam to a group of this number, you know it's only a few thousand. Mayor Ferre: I understand. Well, are you saying now that the next exam,all the benefit of what we've dune in the past we're goin;; to get the benefit of that in the next exam. Dr. Saunders: The benefit, a cruise or as far as we go in it. The hard work is done. Mayor Ferre: When is the next exam , by the way. Mr. Paulk: We can't project that at this time Mr. Mayor. The vacancies are going to be indicative as to how soon this register it: exhausted. We gave this last examination prior to the necessity t.o do it. Mayor Ferre: Well, when was that given? Mr. Paulk: In January 14th. And, the necessity to g:.ve that examination was to utilize the services of the Tri-Cultural Agency to be able to put the people into the training portions that they were addressing themselves to in order to facilitate testing on the heels of determination of that grant which was designate to go out in December was was extended through March. But at the time we began the recruitment cycle for the testing in :anuary that grant was going to run out in December. Consequently, we programed for January realizing that the register that was in existence wasn't going to be out likewise realiz- ing that there would be some turn -around time in getting the results back froth the University of Chicago. Theoretical , theoretical, and under the Civil Service Rules entrance registers are for one year and one year only. 96 JU4-91&7$ Mr. Plummer: Bobby, while is it you know -- all the graphs and everything, why is it the more sophisticated we get the more problems we have? Mr. Paulk: Commissioner Plummer, I can only tell you this and there is no similarity, except in the area of academics with regards to the two examinations the ones previously administered here locally and the one that the University of Chicago has. You have a major ingredient, a major ingredient in the examin- ation that's being administered by the University of Chicago, that's psycholog- ical, that's a psychological examination to try and determine whether the people are suitable for the position of the police officer. That's a distinct and major difference and obviously that's going to create some problems. But obv- iously there must have been some problems or it wouldn't be necessary. Mr. Plummer: The bottom line of what you're telling us is we've got two alter- - natives we except what they have done or we release them, that's basically where we are. • • Mr. Paulk: Well, let me say this to you. The acceptance of what they're done is alternative to be certain. To release them is devastating. There's a great deal of work that has gone into the work performed by the University of Chicago not just an entrance examination. Mayor Ferre: Listen, I tell you, I'm not happy. But, I don't see how we've gone so far and spent so much money and we're so far down. I don't see that we have any other choice. But I'll tell you I wish somebody would stand up here and try to help us find a solution to this problem. Jessie, are you going to shed some light today or are you just listening, well don't you shed some light? And, Captain Reese maybe you can help shed some light on this too. I don't know else wants to talk. I've been seeing a lot of people fidgeting. Mr. McCrary: If my chance we knew that the University of Chicago was not fol- lowing the mandate of that order or the mandate of this Commission as it may be, I don't think this Commission would hesitate for one minute to discharge it and in light of that let me bring a couple of things or a couple of answers from Dr. Saunders. In promotional examinations the high economic person is rated, #1- I mean, the ranks are dependent upon how the person does on the exam,ok, there is no exception to that. Mr. Plummer: Wait, wait a minute would you stand up here Doctor and let's get all of this on the record? Mr. McCrary: What I'm really asking Doctor is what determines the ranking that is 1,2,3,4,5,? Dr. Saunders: The basic exam score is the primary determiner of ranking. There is such a thing as seniority points, there is such a thing as veterans preference points which can modify this, but the basic ranking is based on the number of correct answers on the exam. Mr. Mayor, as I under what as it relates to promotion examination what Dr. Saunders have indicated is that the ranking of persons on the uromot.ional list is determined by the academic score along with the five points of veterans preference. Now, what that really does is defies the order. Paragraph 3 of that order because it indicates that the ranking of persons eligible for promotion shall be determined by the independent organiz- ation based on the application of all criterial to be used. The independent organization to use criteria other than written including job experience and oral examination as long as such criteria measure the persons for the job for which he's being tested and have safeguards to prevent any racial cultural or ethnic bias. We have not heard one word that they have done anything relative to promotional examinations and that the ranking is solely based on the acad- emic and the veterans preference and the other calls for oral examination and it also calls for job experience. I say that the University of Chicago has not done it's job relative to promotional. examinations. Dr. Saunders: I think there are a couple of remarks that should be made in this context. First off, the content of this exam is not strictly what I would call academic. It is job related information. Secondly, we have regarded what we have done so far in the promotional area strictly as inner procedures. We have a job to do in that area which we recognize our proposals for the con- tinuation of this work in the coming year include a primary emphasis on develop- ing other'f4ca rS fur this promotional part of the process. The order as a whole as we understand it indicates that the independent agency is concerned with the entrance level for a three year period and with the promotional area 97 JUN - 9 197Q for a five year period. And, t suppose it's for this reason that we have given some priority to the matter of dealing with the entrance level. As our feeling of course is being questioned here that we have the situation somewhat under control at the entrance level and we do have some work to do in rounding out the promotional process. Mr. McCrary: I heard what he said, but the order said you shall base the prom- otional ranking on something other than the written and that's what its been based on and we get right back to the point that the Mayor mentioned a few minutes ago that their are people who may he number ten on that list who will he just as good a policemen as man who is number one. Simply heeuase they are 3/10 of a point lower and that's the reason this order was negotiated that way with the pricr City Manager so that we would not have people being on a promotional list based solely on something that is weltten and all of us have conceded that number two may be as well as number one and maybe he ought to be number one in terms of being a policemen, h;,t•the university has not provided us with that. And, that's $250,000.00 of taxpayers money that they didn't do what they were directed to do by the order as the contract reads. New, this Commission deserves some answers as to why that has not been done. Not only the Commission, let me say this, every police officer in that department deserves the benefit of that paragraph does not rel.at2 to minorities. Every office in that department ought to be based on job performance, the oral interview and the written, so it's not an argument for minorities, it's an argument that the police officer who takes that examination gets a fair shake. As the Mayor ::aid, he he blue eyes with freckles, or may he be dark as me and I don't think that's being done. It's not only unfair to minorities, it's unfair to every officer who takes that promotional exam and we need the an:.wers. Dr. Saunders: The only answer that I have to that is that this is in our plans. Father Gibson: Let me ask this question? If what 1 tear you say, and if what I hear you say(Jessie) and then if i recall what Mr. ,'aulk said then it seems to me you didn't talk with eel the people ( f don't mean you) I'm talking about the University of Chicago or the University of Chicago diln't get some understanding or what it was being hired for. Let Me go a step fur:her, if that court order said what Jese.ie lust read then '.hen r hear Mr. Pau.lk say what he said, you are Faulk are cc ether clan, and you and Jessie,you,Peulk are together, you, Faulk, and Jessie are miles apart, that's what this Commission needs to understand and then nobody can tell me to the contrary, because what he just got through saving at no time orior to now, ':nu uor Pauli; mentioned what that paragraph said. Read it aga-:.n Jessie: Mr. Mc Crary: Th 2 rankinf; of persons eligible for promotions shall be determined by the independent organization based on the application of all criteria to he used. The independent organization should criteria other than written criteria including job experience and oral examination as long as such criteria measures the person for the job for which he is being tested and have safeguards to prevent any racial, cultural, or ethnic bais. Father Gibson: Uk, let me ask, What court was that wrote that thing? Mr. Mc Crary: ----- The United States Federal District Court. Father Gibson: is that the federal court? Mr. Mc Crary: This is Cohen vs. City of Miami. Father Gibson: Ali right. You 1,now, a very interesting thing. I raised that question for this reason. You know, when I see these men come up here and women., really hussiing and horsirg u,s around about that Consent Decree I am sure they have no idea that eeurt ;,.e'.es is there. I'm talking about even the police r c:.r..:.._.::. ation dots r.l_ kl.Jw or cit least if it knows doesn't give a happy hcot eno pays it no attention. Tl.at'F right: That's right; And, it troubles me now, you know, I wesr't about to say nothing until you read that paragraph. We had a right to get some relief from remedy out of that paragraph that we aren't getting one doggoi e thing out. The $250,000.00 we spent we could have kept. At that rate if I hear--- and I'm not the smartest one on this Board you know, these guys are smarter than I am but I'll tell you one thing that paragraph there are score ----- Mayor Ferre: Listen, this is all fine and dandy and we can come back to it. But I think we've got to get back on the subject of the discussion tonight. 9d9 JUN - 9191 • • I'm going to tell you any of you that want to talk I'm going to stay here as long as you want and talk about this subject but let's go back to ---- and then we'll come back to this some other time. Father Gibson: Wait a minute, Mr. Mayor, the crux of the matter, listen to this, you didn't hear. The crux of what you're talking about is in that order. Mayor Ferre: You're talking about promotions and I'm talking about the University of Chicago and the testing procedures of what's happened here and that's --- and I think we got to thick to that. Now, I'll talk about the other thing later on too about the promotions. Mr. Mc Crary: Well, Mr. Mayor, let me just say this I'll gladly go to the other if you chose. If the University of Chicago is not doing its job it's wasting this Commission's time and wasting the taxpayers money and what I bring up is an issue that is vital to every police officer. I'm not talking about minorities. It's vital to this Police Department, that they do what they were directed. I'll get to the other. I directed to the City Attorney my comments about the re- testing. I took the position after a meeting with Mr. Paulk and the other parties that one, you have no power to direct them to re -test, the City Attorney, then by opinion issued April 28,76, said that the Commission could not do that. It was my position that if you wanted to re -test people based on the validity, what- ever that portion is that persons who failed the academy should have the same right, that's all my position is about that rule. Mr. Plummer: What do you recommend Jessie? Mr. Mc Crary: I recommend that we fire the University of Chicago just that simple (applause). You see Mr. Plummer, one of the problems - and I know that's a harsh remark. People are going to say well Mc Crary we've wasted money. We wasted a lot more money five years ago by promoting (7) people. We're going to be in this matter for eternity, likewise the University of Chicago has not on any occasions taken the time to contact the plaintiff in this matter and on four occasions I left messages for both Dr. Saunders and Dr. Cox when they lived at the Holiday Inn across the Orange Bowl, Holiday Inn, never a return call in an attempt to find out what's going on. But they constantly are with the administ- ration of the Police Department and there's nothing wrong with that, they ought to be, but this lawsuit was about blacks, it then included women, and then included minorities. So, certainly there must be some input, there must be some dialogue between the plaintiff and the agency. They are here with the braces of the plaintiff. Mayor Ferre: All right Jessie we'll get back to you in a little while, don't go. Mr. Mc Crary: Oh, I'm not going. Dr. Saunders: Mr. Mayor, I thought something sounded strange to me in the passage which was just read from the Cohen Consent Decree and in looking at the version I have, which I have every confidence its an accurate. It says, "the independent organization may use criteria other than written criteria including job experience --- Mayor Ferre: And the way you(Jessie) read it, it says, "shall". Dr. Saunders: I don't know where the difference has arisen but this is what we have. Mayor Ferre: "May or "shall"? Who else wants to talk? Ok, did we find out whether it's may or shall? It's "may" - you read it that way, but you're just such a good lawyer that it came across as being more infatted then-- the word "may is permissible. Mr. Plummer: Shall is mandatory. Mayor Ferre: I get your point. The validity of the point to do it. Father Gibson: The point I want to make is - you know, man, come on, the reason for that ---- Mr. Alex Pendenu: Fellow Commissioner. I have a question for Dr. Saunders. I would like to have it on record. I would like to know from him what is thv 99 JUN - 9 1976 racial and ethnic composition of the industrial relations group? Dr. Saunders? Dr. Saunders: 1 don't have an e::ut answer to that because I've never attached that much importance to it. But 1 do know that we have on our staff an apprec- i.able number of black individual:, one can tell that by looking at them. I'm in no position to judge the ethn cte of other members of our staff because I don't inquire into that. I look to these individuals in terms of their abilities and qualificeticns as colleagues Mr. Alex Pendenu: Now, how do yf u , x lain, I took the police exam. Now, in the City that's made up of more than 507. latin, right. A great percentage of them is Cuban. How come in the test ions of the questions were based on the latin cultural, yet we're in the City, where more than 50% of the population is latin? Dr. Saunders: Well, can you say that any of the questions are based on any particular cultural? Mr. Alex Pendenu: dell, I defiattly, I would have to say that it's very import- ant to have a great amount of questions on the exam that are related to the people that are living in the City of M3 ami . Dr. Saunders: It would seem to re important to seek to include questions which are neutral wish respect this batkground. Mayor Ferre: You know, I don't I now how you can answer that because if you ask questions that are prone that only people that are in the latin background can answer then what you're going to do is what exactly what everybody has been complaining about for years. So, we can't come all of a sudden and ask questions that we can answer and some of Close anglo's out there don't know what we're talking about, you Kcnow, because that's exactly what we're complaining about, right? So, I don' t think that--- what else have you got? Mr. Alex Pendenu: vow., in regar(s to the Civil Service exam, how come it is that they won't tel us where it is we failed? Dr. Saunders! Are .'nu referring to the police entrance exam, this last January? Mr. Pendenu: Right. Dr. Saunders: We hive not supplied information to Civil Service or to anyone else in the City regarding how individuals who did not pass the exam have per- formed on ay part of it and this: has been a debilerated decision on our part that we would not discuss this it oration at the level of individuals results until attch time as these larger issues that we have been discussing here have been resclved. Now, it may turn out that the whole matter becomes mute or it may turn cut that we do resolve these thiags and if it will become possible return to individuals information about how they have performed, but it will only I think, confuse matters further' for individuals to be participating in this present discussion on the basis cf specific knowledge of where they stand on the results. Mr. Pendenu: Now, in the validity part, how, for example, if a person wrote down that he didn't need eye glasses and then all of i sudden we find out that he can't see from hiv left eye, couldn't that exam hale picked it up if he was lying or wasn't lying? Dr. Saunders: Well, certainly tie examination paper does not know whether he is wearing eye glaases or not. )our example is quite different from anything which forms apart of the validit) screen in the examination. Mr. Pendenu: Well, I'm s�ppo:eY -- this is one example, this person can't see from I:i:. l.ef c eye and he purl owe:: lied on the exam and he said that he could see perieccl.y well trom both eyes and yet he li:d on that exam and he's on that roster and he passed the exam. iiow can you explain that? Dr. Saunders: I don't know whetter he has even been asked whether he can see from both eyes? Mr. Pendenu: Well Men what typt of police recruit are you going to have? Dr. Saunders: We're not ;riving L medical exam. We are giving an aptitude test and an academic and i psy,_hol ogic al exam. /00 _JUN - 91976 • tMayot tette: I'll tell you let's see if we can kind of move this .around a little bit and then we'll --- if you want to ask some more questions later on but let's see if we can move it a little bit because it's 8:30 now. Your turn. Ms. Rebecca Gibbs: Mr. Mayor- and City Commissioners. I took the exam on Jan- uary 14th. I want to ask a question about the validity part of the exam. Did you score the incumbent police examination, did you score the police on validity? Dr. Saunders: Yes. Ms. Rebecca Gibbs: I thought you had said to this Commission the last time that you were here that you did not. Dr. Saunders: I could not have made that statement. Ms. Rebecca Gibbs: This is my understanding of what he said, that the exam that was administered to the incumbent police officers were graded academically and temperamentally that they did not score on the validity portion of the exam be- cause they felt that the police officers did not respond well or do well. Mayor Ferre: No, I don't remember that.. Dr. Saunders: I can't image where this hay come from, because it's just not. true. The identical exam was used, the identical scoring procedure was used. Mayor Ferre: Now, I think, what you did say Mr. Reboso: May I ask a question Mr. Mayor? I asked a question at that time was the same exam given? Mayor Ferre: That's right. Reboso asked you the question. Did you give the same exam to the police officers and you said yes, and then he said what was the results, and you said that you didn't have the results finalized or something or that it really wasn't valid... Dr. Saunders: I said that I had them in statistical form, but not in individual form. Mayor Ferre: In individual form, ok. And then we wanted to get into the question of about the academic and all that. And, I think, there was a statement made that their was a review academically and a review psychologically, but that it was not correlated for the validity. Dr. Saunders: Well, it was essential for us to score that incumbent group with . respect to validity because this is the only way we can separate as I indicated in the first chart here the only way we had to separate those above the passing score from those below and thus to recognize that they temperament screen is valid in one of the case. Mayor Ferre: Ok, and see where the confusion may come and he says then we pressed on to get the results and he said that he didn't think it would be proper to give out the results. Me. R.ebecca Gibbs: Do you still feel that way? Dr. Saunders: I still feel that way, not only that it would be improper but at this point we've made the commitment to the incumbents that we would not do that. Ms. Gibbs: For what reason though? It seems very unfair. Dr. Saunders: Individual results I'm referring to. Ms. Gibbs: No, no. Mayor Ferre: No, there's no question there was a commitment made and everybody recognizes that the individual results were not going to be released. Dr. Saunders: Well, that's the only thing that's --- Mayor Ferre: Now, but there was a question asked about the average score made (I think) of the people that took these examinations as it compared to those that passed and those that failed and I think at that time you made a statement /0 / JUN • 9 i976 that would not be a fair thing tc release at this time. As a total there were forty people that took the exam with fifty people. We'd like to know how many of them passed the academic and how many passed the you know and how many didn't make it ---- Dr. Saunders: All right, in terms of numbers there's no problem making this available. I have here another chart that I could show you which has the results on it for the validity. Mayor Ferre: You r. an for the offiaers--- Dr. Saunders: For the incumbent group and tor the 1975 applicant group there's a comparison. Mayor Ferre: The question that I think is that it falls within the pattern of what's reasonable---- the result of 506 or. 508 people that ,took the exam. Mr. Tom Garcia: Coordinator of Counseling for Tri-Cultural. I believe that session was taped by several Tri-Cultural candidates. 7t was also taped by our taped. Mayor Ferre: What to you mean taped? Mr. Tom Garcia: ThE responses by Dr. Saunders on the validity screen and I believe what he sal( that the validity screen was not utilized with the in- cumbent group of police officers because they expected a large number of re- jections. Dr. Saunders: Well, if this is o,i tape I would have to hear it on tape because it's an incredible statment to me. Mr. Tom Garcia: I thought it was too. Mayor Ferre: Well if you've got ihe tape play it to him. Mr. Tom Garcia: We can produce a tape within 24 hour'. Mayor Ferre: Ok. Fine. All right _n the meantime so head an explain this. Dr. Saunders: A1.3 right. This has two distributiot.s on it. This is the validity_ screen score from zero to one ::undyed fifty -Eight( 0-158) using the cutting passing score of 145 which is the one that emerges from the validation results as being the best cutting score to use. You tan see here that above 145 is approximately half of the incumbent group and telow 145 is approximately half (50-50) very closely. In a typical applicant grcup we're looking at the 1975 applicant group. The ratio between above and below the passing score is about 1 to 2 only about 1/3 would pass in that applicant group. 0f those who passed vertialiy all continued through the system and are either in the academy or in the police department today. For those who are on the other side of that passing score about half have fai]en by the way side for one of a variety of reasons and about half are still with us. So that this is another piece of the evidence based on prior knowledge before we gave the test in January indicating that this validity screen has important information for us. That is for those who are on the wrong side (shall we say) of that passing score the chances of survival through subsequent screering steps is only about 50%, that for those who have passed it the chances arE nearly 100%. Now the contrast here is be- tween 50% above that in the incumbent group verses only 35% for the applicant group. However, if you take the Ehaded segment away then the remnant of that applicant group 50% of them are atove the passing score and they look like in- cumbents. Mayor Ferre: This is so sci._rtif�c, you know, this reminds me those of you that read little history remember there was a period of time in Italy when wars were actually fought, people would get together and they'd bring all these and they'd put soldiers and all this and the soldiers were there up in the mountains or up in the hills some place. They'd say how many calvary do you have? I have 430, then they'd put them together and they'd spend the whole night saying well I':i going to mope thirty calvary men over here and I'li move twenty cannons here and I'll do this and sometime aroung 3 or 4 o'clock in the morning one of them would win, they'd have a big party for about a 4eek and everybody would go back home, see and that's the way wars were fought amongst these contatcarous and Iyou know-- it's getting to the point where I /D� • • think that perhaps it's a good way to fight a war, but I mean are we determining and predestinating all of these things on averages and objections ---statistical numbers ---- Mr. Tom Garcia: Mr. Mayor, can I ask Dr. Saunders a question at this time? Ok. Based on those projections you're dealing with a selection process. Now this selection process not only deals with a background investigation, but apparently this last step is rather remarkable because it can also predicate a probability of passing a medical examination which involves an EKG or physical examinations, complete physical examination, physcial agility test. That's a very remarkable step. Dr. Saunders: I would have to agree that is a remarkable step and I'm as sur- prised perhaps as you are that to some extent this seems to be possible. Mayor Ferre: We're getting to mathematical perfection, mathematical formula's. Dr. Saunders: I'm not going to say that, that is not happening. It is happening to some extent. Mr. Tom Garcia: You mean, with that pencil you can take an X-ray, you can weigh a person, you can see if they can perform physically? Dr. Saunders: Not literally, obviously. Mr. Tom Garcia: Oh, I was just wondering. Dr. Saunders: But on the other hand the kind of individual who knowing that they have a back problem or knowing something about their medical background that would disquailify them, who would nethertheless take the exam and hope they might get by. This is the kind of thing which the validity screen does get to - to some extent. Mayor Ferre: Well, I'll tell you. You said that this was innovative. I got to agree with you this is way out. This is really --- Mr. Tom Garcia: I think we ought to let the AMA know about this diagnostic pencils. Mayor Ferre: No, it's not diagnostic pencils, it's statistical probabilities is what he's dealing with. He dealing with projections on --- you know this is all mathematic stuff on probabilities. You end up with these things -- let me tell you I spent yesterday all day with some Accountants. Today I spent a day with thirty-four (34) bankers. Well yesterday these thirty-four (34) Bankers made me spend(and the day before) with a whole bunch of geniuses who came down from New York and you know what they're doing, they're making computer runs of of probabilities. Now, they're beginning to tell me what's going to happen to the business next month, you know and they were so far wrong last month. Well, they said this next month they're going to be a lot more accurate because they picked up all the mistakes. Now in the meantime, I'm saying,listen damnit the mistakes you're making are causing Bankers in New York to make decisions about future and the future of this company and unless you're a lot more accurate they're going to make bad decisions and all I'm saying again on these things is that these--- we're dealing with highly sophisticated methods and it seems to me that in my opinion or somewhat dangerous this is almost all I mean, where we're going? Dr. Saunders: Well there's no question that we are dealing in probabilities, that we are playing percentages, that we are taking chances whatever decisions we make and our effort is to try to make the decisions that have the less risk in them. Mr. Tom Garcia: Can I ask a few more questions and then --- Mayor Ferre: How about body language, that's something you ought to consider too you know. that's something that's getting to be very highly scientific. Mr. Tom Garcia: I don't know how to get that on tape. Ok, Dr. Saunders why is it that in two successive examinations minority candidates that have been successful on the University of Chicago have demonstrated a lower ability of academic achievement than successful white-anglo-saxon candidates? 11' 11 IIIII'III'■IIIIIIIIiiimIiiiiii'vi /03 JUN - 91976 • bt► Saunders: You're speaking hEre about the consequences of the academic screen. Mayor Ferre: No, he's not. Wait a minute , that's very important. Mr. Tom Garcia: I'm saying that minorities that passed your examination have a lower ability to perform academically than white-anglo that passed your test. Dr. Saunders: 1 agree 100%. I f now this is true. Mayor Ferre: And how does the cc;np,iter know that? How would the computer know that? Dr. Saunders: You'd cut. off 25 and you still have the other 75% to look at and it's perfectly true that within that grouping that the minorities will show lower average scores than the non -minorities, perfectly true. Mrs. Gordon: But they passed. Mr. Tom Garcia: Yet, we made a special effort to make sure that the minorities that we recruited have the ability to academically achieve and these were the persons that were eliminated by the University of Chicago test. Mayor Fevre: You follow what the implementation of that is. What the implement- ation is as I hear what he said is that obviously tliei if the minorities that passed the exam have lower academic they probably hay! less probability of making it to the end,wherea> the minorities that have higher academic were eliminated. Is that what the ---- S Dr. Saunders: There is a single cutting score here, t passing score on the academic screen and it is the case that the larger tht margin by which you pass the better your chances will be. Atcti it. is not the c_ ise that someone who is scoring higner is being cut. "ut. Mrs. Gordon: it's inconceivable the statment that 1 just heard. I just can't hardly believe chat is a fact. Dr. Saunders' That is a tact. Mrs. Cordon: Well, that kind of a fact I would like :o see in writing backed up. Dr. Saunders: We produced that information for the Commission on our. present- ation. Mrs. Gordon: It's getting late, but it's also getting kind of weird you know because--- Mayor Ferre: Well, the whole thing's been weird frost the beginning and that's exactly what I've been worried about. Dr. Saunders: Ok, now here's another question, why is it that the University of Chicago's results almost exactly correlate with the ethnic background of the City of MIami which in essence gives you a quota without benefit of a court order? The second point is that we continue following that particular break -down. Our estimate that somewhere in the twenty-first century you will be complying with Cohen's. le order to comply with Coner.'s decree you .re supposed to bring up the ratio and ethnic made-up of the police departtscnt to reflect the City of Miami. Now, the University of Ci:ica;c is producing an examination which gives you a re;iste: that almost etee ci.l; corteia.._s wiel: the e::ci:pcion of the white- anul;, :on's bein% a little With ra...e r.thnic break -down of tae Ci'., c . `.i.at . in es•seuce h`tut t:. _ •,.._.pity of Chicago is giving you is a c uota ' e.: wfti:cut .iencfit of a c_eirt orLer vihich i.: i1 le af. Ant I correct Mr. Lloyd? Mr. Lloyd: No. Dr. Saunders: Oh, then a quota system without benefit of a court order is all right? Mayor Ferre: What he's saying ie -- the question is, is a quota system per'se illegal and the answer is yes it is illegal. And what he is implying is that through a sub -defuse of a mechanical or statistical device there is an NW NW EKI p p IIl11111! I411111##III!l IApphA AIM!10111 .11901II ! /0 4 JUN - 9 1976 1 • imposition of a quote system that is being used because it's structured that way. Mathematically it's structured that way. Is that what you're saying? And, what you're saying is true. It is illegal. It is illegal to have a quota system, right? Mrs. Gordon: Yea, but what I hear it's a little different than what you're saying Mayor. What I'm hearing Is something I don't like and I don't like It even being said unless It's proven . What I'm hearing is that there might be a deliberate- ness of selection of candidates, in fact and that if what you're implying if you're not saying it, that's what you're implying. Dr. Saunders: I didn't produce the results of the tests. Mrs. Gordon: I know, but the statements are --- Mr. Mayor, I think, we either you know, bring this thing to a conclusion some way or other or we going to keep this up and it's going to be further statements made which are inflammatory, if nothing else in my opinion. Mayor Ferre: Rose, there's nothing new about that in the City of Miami, you know, everybody makes inflammatory statements ---•- Mrs. Goron: I knew, but I say we're not getting anywhere. Let's get somewhere. Dr. Saunders: Ok, can we take a look at the probability of 119 black males taking the test and only 9 passing it? Mr. Plummer: Ok, why don't you ask this man, I heard him directly before, he is saying rightfully or wrongfully, his report was that that's the way the results came out. It was not derived that way. It wasn't ---- Dr. Saunders: There is one standard that can be applied and that is the individuals and we're talking here about fairness to individuals, I believe, individuals who have the same probability of being successful, should have the same probability of being selected and this is the principle that we have tried to apply. Mr. Plummer: Let's ask a gut question, did you take the test and put it to a quota system? Dr. Saunders: No. Mayor Ferre: Was it designed so that mathematically it would come out the way it did? Dr. Saunders: We were not blined to the results that might emerge. Mr. Plummer: That was not the question, did you intend to get that respond? Mayor Ferre: Why did it come out that way? Was it pure co -incidents? Dr. Saunders: We selected for weight giving in the scoring process. We used those parts of the battery which showed the maximum validity along with the minimum adversed racial impact. Mayor Ferre: So in other words there was a selection process. Dr. Saunders: We could have stash the cards so that there would have been a very strong adversed impact, of course we could have. Mayor Ferre: I don't mean to say that you shuffled the cards in such a way that they came out in this way, but was there some conscientious effort on the part of the programmers of this whole thing to do it in such a way that it would come out approximately in the same way as the racial ethnic make-up of the community? Dr. Saunders: We would have considered it a disadvantaged to produce results which diverged sharply from the ethnic make-up of the community. Mayor Ferre: So, in other words, to put it in other words you did tamper then ---- but that's exactly what it ends up being. Then you did tamper with the results to make them come out in balance to what the ethnic make-up is. Is that right? Dr. Saunders: This sounds like an interpretation to me. Mayor Ferre: I'll tell you everybody gets angry at me. Plummer gets angry :tt / OS JUN • 9 1976 me and it seems ghat Kenney's angry at me and everybody gets angry because I keep bringing this thing up. I'm going to tell you something. I just don't understand what has happened here. Something seems to be wrong and I don't understand what it is. Well, wait a moment. I'll tell you we've heard from everybody. Mr. Jessie Mc Crary: This is important fir. Mayor, honestly. The purpose of the Cohen suit was to eliminate from any task so that it gave everybody a fair shake. If you faller] the examina_i:rr; that was it, that was all we were talking about. What I'm hearing cocay now is twat- cards are being stacked in the other direction and I never intended for the Cohen suit to give to Blacks any advantage over Whites, simply to give them an even shot. And, I cinn't think they're doing their job, if they're doing that it's a kind of discrimination in reverse which I am utterly opposed to. Mayor Ferre: Look, I'd like to hear ;rom the administration Mr. Andrews, could we hear from •---- We've eot. the Chief over here and Captain Reese and somebody -- I'd like to get a little input: from them. We need some more light on this side. Mr. Andrews: Before they speak Mr. Mayor, are you going to ask them questions about the examination process of the results that are produced. Mayor Ferre: I don't know. 1t just :seems to me that 1'd like to get their opinion as to where we're going on this. It seems to me that we're really stumb- ling all over the. place. I don't feel good about this. Something's wrong and I can't put my finger on it. Asst. Chief Fox: Mr. Mayor, I heard some statements made about the police administration earlier and I'd like to say that we do not conduct examinations for entrance police officers nor for promotions. We don't grade them. All we do is take the results as they're produced and given to us by the Civil Service staff and we make our selections for promotions or selections for hiring cand- idates from that. That is our --- I thought you were talking about exams. Mayor Ferre: L'm talking about the exams that the University of Chicago gave. Let's not get into promotions-- let's stick to the University of Chicago-- Asst. Chief Fox: Mr. Mayor, we don't conduct the exams. I. have no comment on the validity of the test.. The test be answered by the University of Chicago people. No, comment whatsoever. Mr. Plummer: Well, Kenny let me ask you this question, you've seen the calihar of people, is is gettinh to he ,otter or is it getting any worst? Asst. Chief Fox: The year ago examination had some 0---- quality people on it. The list we have before us Lre. present. We have been -eferred 25 people, 11 of them, we have asked to be remove(: from the register be:ause they did not meet the residency requirement. The remaining 10 candidate; look better than the year ago register. They look there's a high probabili.y that we will select them as police officers. Mr. Plummer: Ras any of the 10h of tills year's exam b cen yet placed in the academy? Asst. Chief Fox: We placed faur(4). Mr. Plummer. Are those four (4) still there? Asst. Chief Fox: Yes they're still there. Mr. Plummer: And what is the make-up of :hose four? Asst. Chief Foy:: Three (3) white males, one (1) white female. They were employed on April 26th of the ISLE class #31. Mayor Ferre: Kenny you want to shed some light on this, you want to say something. Mr. Ken Harrison: If he'd clarify what he said I'd be interested in that. Ur. )aunders: I've been given some input as to the way in which I seem to be confusing the issue needless, sorry about that. We did not do anything in the computer. We did not do anything in the selection of tests for the battery. We did not do anything in the scoring of the battery which was designed to give JUN • 9 1976 favoritism to one group over another. Mayor Forte: Let me put it to you th10 way. 1►1d you in any way on a computer baaim program any particular sirustore on n numerlral or weighed average basis giving perference or giving certaincd weighed approach to certain factors over others such as ethnic background. Dr. Saunders: Such as ethnic background, no. The analysis did not even have any awareness of the ethn1e background ot the individual:, in the analysis. Mr. Plummer: What about the design of the questions on the exam? Dr. Saunders: The que:;tions in the exam are the same questions that we have been using constantly in studies and projects of this kind for some years and they have shown themselves to be unbias as nearly are questions can be unbias in this regard. Mr. Plummer: And that's in the written es well as this validity? Dr. Saunder'.: Well, the validity is based on the written. Mayor Ferre: Se in other words, 1 misunderstood. I guess some others around here also misunderstood. There hasn't been any shuffling of the things so that it would come out---- and the fact that it comes out exactly or close to the ethnic makeup of this community is purely co -incidental. Unidentified: Twice in a row. Dr. Saunders: ------ I expect it would happen twice. Mayor Ferre: Now let me ask you this question. 0f the 508-- how many took the exam: 573-- do we have an ethnic makeup of that 573? Well, let me tell you where I'm going so you can be thinking about the other answer. Is the result of the final makeup of 106, ethnic makeup similar to the start out? Dr. Saunders: No. I have figures here breaking the 573 down into anglo, black, latin, and female. The females representing all three groups together. In terms of those tested the respected numbers are 77, 125, Mayor Ferre: Can you give it in percentage? Dr. Saunders: 1 don't have it in percentage, but I can project it up here on the screen and then you can probably see it. I can read you what those numbers are so that in terms of number tested there is a total of 573. So that's 77 anglo, 125 black, 207 latin, and 156 female. And now the bottom line shows the results 106 total, 15 anglo, 9 black, 47 latin, 34 female. Mayor Ferre: Now Kenny contrary to what you said if my mathematics and I'm not too good at this multiplying stuff, but if I'm not mistaken there were about 15% anglo who started and if I'm not mistaken there are about 15% that finished. Is that right? Give or take a couple of points. Unidentified Speaker: Give me everything I got coming. Mayor Ferre: Yea, but what I'm saying is that the anglo line starts with 15% and ends up 15%. Now, you come to the black. Black is 125, so that's about 25%, is that right Paul? Now down the line, the blacks ends up with about half the percentage that they started with. So what I'm saying is originally coming out is 23% blacks taking the exams, it's 8%. Latins start out with 207 which is about close to 40%,ok, now you end up with 47 so actually --- 4; of 106 is about 40%- 45% and all I'm saying is that the latin started out with the less and ended up with the higher percentage. Female says 30-40, well they're all at it together, there's no distinction. Mr. Mayor, I believe that the Tri-Cultural Program produced those figures and gave them to this City Commission. Mayor Ferre: All right, here's Mr. Saunders words, 573 breakdown's as follows: 77 white males, 125 black males, 207 latin males, 156 females. Now the females are not broken down, whether they're latin, black or -- category, again I'm using these categories because they are the ones in the new consent decree. We follow down what happen to these groups in term, you will find cut of the 77 white males, 6 failed on the academic screen, 46 failed on the validity screen, 10 failed in temperament and 15 remained. This is taking the screens in the /oT ,1UN.-.9..19164 • order in which it WAS on. We then f o i i ew black group, t hat is black males- 125, we find that 51 werr tailed on the academic, 51 on the validity, and 8 on the temperament, leaving 9. overall that represents a higher failure rate than for the group we just corz;idered the whites, the major difference was to do with the academia: screen and t leiy ot course is experience one commonly has in applying academic teats to the b1 ck 4roup. Wo move to the latin group starting with 207, 40 failed academic, 81 fe iled validity, And 39 failed temperament leaving 47. 13y compariaoa with 'rite l): ll'Y eaoups LIo :e i!ire rate (I hate to call it a failure rate) under t, e v.11 L,iit, . :eo is 1 .w r Ira: the latin group than It is for either the white or the black group. On the other hand the failure rate on the temperament screen Is s mewhat higher. Th;s relates to a . , tt?nu.et I made to Civil Service Commission a weak ago about what we Learned about the latin groups in the result of our experience here. I'his document is the notation that the latin as a whole responded more openly to these tests and as a result fewer of them are being disqualified for -from t.h€ validity ae•reen but relatively more of them are at risk • then when It comes to the to mperameet screen. Dr. Saunders: That's without honcl it „t having a latin on the staff who have told them about us being temperamental. Ms. Anna Maria Morales: I'm what you might call one of the guinea pigs of this experiement, I mean that's now 1 feel. 1. tend to propose a solution to the problem before 1 do 1 want t;i bring out a few facts. I've been with the City of Mlami approximately lyear and a half and to become a member of my unit I had to go throu,;h ;il.l the ecteeeine ,?n! e:] the testing that the other police officers had to take. Mow, 1 .just can't see how; i. was how I waa qualified before to become a police officer. The only thing that stopped me was my age and how now through this testing I'm not qualifieu. New the obvious solution there is to this proble' is re -testing, but to after a aimilar test would be a poor solution because we cannot alter our personality. We wou. c: more or Less go the same. Now the relevancy of the questions on tht to L such as, how many sexual dreams have you had In the past month, ycu know,h,:rw that relates a police wort: I really don't see it. And other cuesti.ens, :asep,aona1 io :c• ee-soend and how rluch do your father make , how many n,. tip veer r 1 ; , tip: yea :;et along better with your mother or with your tacl'e:", thet sheu Ld n. ;';C Int l uc.._'e: in the exam and be used as a basis for passing o:' tires. ci be ae S an the oral. interview that part of the screen. A-:ci, e sees to rye net eve: 't i .e any type of these questions proposed to Dr. Sau:Lees earl don'` :mean to , _a lire him solely but it seems to me that everytiL-I_' of encsase h3 seems to hide behind his statistical charts LTV, educated ' .:r. ;u :e . :;c' c : e�. iy seems to understand. The only solution ?. see is a :.cu test, an c•caa :^1c test in which everybody will be able to take L.nc ohv io.::• . mo : c r_o;' Ica r: l.1 pass, but in order to reduced this great amo?:iL of _,eeple. What I sugge: _ is she first 75 who pass be tacked on to this new list and leave those 5.05 ti•...s clad pass who I feel will not, the majority of t;:era. `through a::arie^. y because as the Mayor pointed out - Willie Gator ;ook this exam not this year, but the year before was re -cycled to the academic about three times(3) could not write a loth grade level report and was subsequently fired. Crow that is ray solution, a new academic exam with the first 75 who pass it bt- added to the list. Mr. Plummer: et me ask a qu.2st:ien, .':_r:. , d ,1 hate to bring up the name but since it's already been brought ue. The accusation has been made that a certain individual has been esantt.J tee oaeoecunity of going through the training of the college, wr t Vt r i.: is , more than or:c:e, is this a correct statement? I'm not menLionir.g names .luW. Capt. Jim Reese: Yes, rheie have been --- there were three individuals starting with BLE11 o recycled. Mr. Plummer: an addition.'- Capt. Rees : 1 don't ar.:ut: to use _hat terminology, ok. They were given ii 7lec. to ea t4roug'it ti :Zoos, is that correct? T':at's correct. Mr. Plummer: Ail right. My question then is why were certain individuals given this opportunity and others were denied': Capt. Reesee Well, it depends on the reason for the termination of the academy. It seems as though these three individuals that the recycling or given the opp- ortunity again had to do with the academic ability and the Commission at one of meetings wanted us to do evecytliine we could to try to get these individuals through the academy by offering then, extra help, the lab and so forth in utilizing well I!1Il!lIP!!!Il!IA!IIR11 /vu JUN - y 1976 lemommismommiiimmomen 40 the Tri-Cultural Program which is what we did with the one individual that was mentioned here. She could not meet the academic standing, so we brought her out and that was the only reason at that point that she was failing, so we brought her out and referred het back to the Tri-Cultural Program and they gave us an estimate of how long it would take them to get her up and then at the point where they told us she was able_ to go back in the academy we put her back in again and she graduated. Mr. Plummer: She graduated but subsequently wu; fired. Capt. Reese: Well, it had to do with some other reason than that. Mr. Plummer: Oh, ok. But in other words, what you're saying if I understand you correctly that this has been done in three cases. Mayor Ferre: Look, let's get into the short strokes, you want to say something. : Just a short -- I think it's very clear that the reason it was done it's political and intervention, interest expressed by Commissioners in that on behalf of those three individuals they were put through special training programs even though they flunked out of the academy once before and that's clear whole, cold fact. The three individuals that were sent a second time to the police academy were a result of direct inquires by Commissioners. Mr. Plummer: Mr. Reese would you like to respond to that? Capt. Reese: No, the police department was acting frnm -- we felt the mandate from the Commission to do everthing possible to get the individuals through. NOw, we discharged other people for other reasons that we didn't even consider them again, but the only reason these people, the three individuals we're speaking of had to do with the academic ability and we were re -acting from ghe Commission the point of view, to try to get them additional help, utilizing the Tri-Cultural Program, that's what we did. Mayor Ferre: Look, I'm going to make my statement one more time to see if I can make some common sense out of this whole thing. Now, don't turn on the camera, you heard this before, you got it on tape ten times, if it works out Ben then I'll tell you and we'll tape it over again. Here's a dilemma that we're-- on the one side we got Civil. Service (Bobby listen) we got Civil Service and we got Chief Examiner, Papper, and all of you here, we got to follow the Civil Service because that's the charter. The other side we got the Cohen decree,the other side we got the other decree whatever the name of that one is, that I don't know whether we've settled yet. Mr. Plummer: We haven't got that one. Mayor Ferre: We don't have that one yet. Ok. On to other hand we have the good will and faith of Paul Andrews and the Administration and certainly, of everybody on this Commission of trying to open up the process to get -- as a consequence of all these things or despite some of them, or because of some of them, whatever, however you want to look at it we end up hiring the University of Chicago and spending whatever million dollars to get all these fancy tests so that we can advance the cause, whatever the cause is, ok. Then we come and we spend another $200,000 on something called the Tri-Cultural Program and we put all these kids in this Police Public Service Aids, they take the test and most of them flunk it, the Tri-Cultural guys they flunk it, most of them-- they say that they've flunked it, the University of Chicago, you may shake your head but the majority of the people from the Tri-Cultural Program according to the University of Chicago stat- istics didn't make it through. 573 take a test and 106 come out of this whole thing. We hear from the University of Chicano that we are being innovative. Innovative means that now we are through an academic procedure, an interlectural process, we're going to Owel.l.ian times am we're going to the year of 2,000 and this is 2,001 and through computer runs and projections and statistical probabil- ities and this and that we're determining all different kinds of things about people and eliminating some for this and thet. Now, I'm going to tell you something. Paul, I'll tell you another little story. My always tells me everytime I want to go do something new in the cement plant or something he say, well who else has that? And I say well nobody, we're going to be the first in the nation to do it that way, and he says uh-uh you let somebody else go make all those mistakes and once they've made the mistakes then we'll do it now when there's two plants like that operate that way you come tell me and then I'll go look at it or you go look at it and then we'll put that machine into play, hut we're not going to be the first. I remember /09 . i9N - 9 1976 that happened Lo me fifteen ,.'car; I wonted to get title invention that was being made In Canada and sure enough li ✓► .i remplete failure. Now, the point that I am worried about here is that we're heine so innovative Paul, nobody else is doing this. You know, let them go experlment some where else. As far as I'm concerned what I. bargained tor was academic acceptability and psychological ability, you know, that the guy is geln,; to make a good policemen or good police- woman and that's it and I dor:'t want to hargin for anything more than that. I don't want all of this ;-igamor1e and m:r,a'.-o_;umho that you got to have a PHD in psychiatry to a adf.,rstand. Do you honestly understand all of these thing? Mr. Andrews: N) it's too technical For me to understand. Mayor Ferro: And I'll tell you and I would like to see -(I'm not going to de like Christ did) but 1 want to sec the first one throw the stone. I want to see other, than these people. i want to see a show of hands of who the hell understand whats this all about? Would somehodv tell me? Is there anybody in this room that can tell me that they honest too God understand what this University of Chicago testing process is all about? Does anybody understand? Anybody? You do. Very good sir, you cone lorwc►rd. I want you to explain. . 1.'ll tell '.0 what I understand. If you're dealing with a scient- ific method that none of ors -- Mayor Ferro : Never been used before. Mr. Irwin Weinsoft Right. And, it you want ro turn back the hand of the clock you just can't do it. And, I'll tell you a little story Mr. Mayor. James Thoreadu once wrote a story about a little f:►mi.l.y;a doctor .in Sweden. The story was that' the doctor found that the reservoir of water contain bacteria that was killing off the people bur no one in the: town understood it because it was so scientific they couldn't bel:_eve that there are things in the water that you can't see. And the City Commission (if you want 1' 1 send you a copy of this) voted against condemning the damp: and what happened was the majority of the people in the city died. .\.nc, what I'm stating to you here is the court order or whatever else the judge said tc::es ace not pe:fect . We're just a bunch of human beings we're right and we're wrong and at times we go back and we correct ourselves and you have,sometirres to ;;i.ve it time. Sure some people are going to suffer it doesn't matter what their color is but eventually this city will probably have the best lel the cou::tr.v because submit to you and I know this is a fact there isn't one city except Sari Francisco that has a validated test, the whole United States, so with th:? vhole prosss. Mayor Ferro: ?en know, :' 11 be do1;};•cne. Counselor, I think - one time I thought I e:i-d you end Lhe ;rou? the: you have represented be opposed to psychological seating, ':.'eron't ycu oh.doec.d? Gk, I stand corrected. Lieutenant, you made the: statement tor the ocga:i .at:.on which the Counselor represents. That you ,;rere opposed to psychological ee::ting(Lt. Harrison). Now, he's telling me that we ought to oppose, condemn the water in the damn because the people are going to u i e' because we i'ia' t see them fi:i c2'o biotics or whatever it is, germs, right. And you're telling me what Lieutenant who says that he represents a group they're against but you say that this is ok now, is that it? Mr. Weinsoff: Now, I can do the tact 11r. Mayor, but that is not what I'm saying. Whac I.'n. saying is human processes takes time and sometimes you just have to give them that time to be born, to grow,and becomes adults, that's all. I'm saying. Mayor Ferree In the meantime you got 450 kids that got cut out and they're part of the grooming process and everybody is making mistakes and they got to pay the Mr. Weiru,c=f: t:r. Mayor: you'__ ,ae:'--.. with the test in the affective domain I was hired into the Tri-Culturai :ro", from the School System as an affect- ive education specialist. i doubt th::.t you can get a group of pscychometrists together let's say from Records Univeeelty or from another group that will come in agree wholeheartedly with :he University of Chicago data. They are going over data that perhaps is ten years old. They're not taking into account a lot of variable that are specific to this area so we can get another study group in here of social scientists acd you can get completely different results with the same data. Is that agreed Dr. Fox and 1)r. Saunders? That you cannot JUN - 9 1976 tits. Pat Skubish: Mr. Mayor, members of the Commission, City Manager, L want to know what we're going to do. I want to know what kind of decision you're going to cone to because this is going on and on and we're not getting anywhere. You know, it just really upsets me to bc here until 9:00 o'clock at night. You know, and then to think in two more weeks we're going to go through this again, and two more weeks again and nothing is going to happen. What Is going on here? We have to make some kind of a decision. Mrs. Gordon: You got any good idean? Mayor Ferre: We're trying to solve a problem and right now we have before us Pat is One: We fire the University of Chicago and start all over again., that's one alternative. Mrs. Pat Skubish: Yes sir I know that. Mayor Ferre: And the second alternative is we sit down and try to figure out what the hell this test is all about which I don't understand and with all due respects to the Counselor I don't think he understands it either and I didn't hear any'explanation. He told me a nice story which I'm going to copy someday. (laughter). But the point I'm trying to say is fire the University of Chicago, we can try to understand what the hell is going on. MrH. Pat Skubish: Right, because you do have a contractual agreement and doesn't - isn't going to go for another two years, is that it Jessie? What? Mr. Jessie Mc Crary: Ni,, that contract: comes up for a renewal. Mayor Ferre: Or so we can shut off on that one or we could try to understand the exam which nobody seems to be able to do. Mrs. Pat Skubish: Now how would we do that Mr. Mayor? Mayor Ferre: I don't know that's what we've been wasting all this time trying to come to. Mr. Plummer: All right, let me ask a question, Mr. Lloyd do you have the contract? No, I want to know the contract. What I want to know if we terminate the University of Chicago all of the papers and everything do they belong to the City or do they belong to the University of Chicago? I think that's very important. Doctor can you answer that per the contract? Do you recall what the contract says? Mr. Garcia: or not. I don't know whether the contract speaks to this issue specifically Mayor Ferre: Wait, wait a minute, I got some information here which I don't know why in the world you haven't gotten up and said this. Now, will you listen care- fully, evidently the Tri-Cultural Program has already hired some psychologists or whatever they're called. Mr. Garcia: Ok, six months ago I had two psychologists hired to analyze the University of Chicago examination. Mayor Ferre: Did anybody know this? Mr. Garcia: I tried to tell this to the Commission a few times before. We had an Industrial Psychologist, Dr. Herman Dorsett and a Clinical Psychologist, Dr. Martinez, which met with the University of Chicago, went over the research design, went over an analysis of their data and could probably go over their data once again and over their research design and come up with something concrete the University of Chicago, I believe in their research design were supposed to get together with a group of social scientists in this area that was supposed to validate the process all along. Now, when we initally hired Dr. Dorsett he was worried about a conflict of interest because he was supposed to be on this committee that was supposing to be meeting with the University of Chicago regular- ly but had never met. Mayor Ferre: All right, Mr. Fox, are you going to verify ? Dr. Fox: Yes, may I respond to a couple of questions, a couple of statements, and I very much would like to help the Commission and this group bring this discussion to a focus as you're tried so hard to do. With respect to the issue-•- /// JUN - 9 1976 of a local committee or professional tpsyc heloi;i et s, mean;ure•ment experts and that sort of thing in our coming here essentially some two years ago approximately, we tried very hard to form such a committee and to identify those qualified people in the community we were not able to do so. We have letters in our files, two people who have been pointed out to •is as possible's. We got no responses from those people. The only meaning:ul tentatt that we've had with people in this area who talk our language and I'm not apologizing for the language was Doctor Dorsett an.: his eallee ues, they did net --- Mayor Ferre: You mean that's there's soli body here that talk that language. Dr. Fox: Yes indeed sir. 'run have many t.eople in the community who are familiar with these procedure; and techniques. Mayor Ferro: Al-i right, nnw you just ;;avt• me t , answer. Dr. Fox: However, it was not the t'a:,e that these gentlemen analyzed their data because we've not released our data to anyone, but that's just to respond to that particular statement. Mayor Ferree: ALI right., but before you respond to the ne::t. one. I think I had lightning just struck. You know, what we did this morning when we were going to appoint another City Attornty, we said we're not lawyers, we don't know how to go about this process why don't we get some lawyers. Gibson said, I want to get Jessie because he speaks their language. I. don't know what these lawyers -- these lawyers -- they talk all these things ane. we don't know--- now, you know if lawyers are funny people, these guns are even funnier, because I really don't understand at all the language that you speak. So, I'll tell you what I'm going to do I'm going to get me n guy from the University of Miami, you get you some- body and you get somebody and let's get two of these people that speak their language and speak our language that ce.n interpret_ what this is all about. Be- cause I'll tell you right now .at this stage of the game T don't understand and I don't think anybody else ,.ieetIvi to understand here. So we'd better get some people that speak your language and speak my language, because it's obvious that you and t)r.. 7,aunders and I. are not speaking the same language and I think I'm snaking conclusions of things that I don't understand what the hell you're talking about. And, 1. think It maybe that_ you're so far out as the Counselor said that you may be talking about something bacteria in the leg ( I don't know what you're talking about). Don't you think maybe we ought to get ourselves people that can interpret between you and us? Dr. Fox: I think that's a decision that probably you'd have to make, but I would .like to try to summarize where I think these discussions have lead us this evenin , .,aid do so in the interest of hopefully bringing it to some conclusion. When we cause here to the City of Miami we brought with us the benefit of a number of major validation studies. Mayer Ferre: Dr. Fox, I hate to do this, but I can't hold any longer and I gotta go -- can we take about a two or three minute break I've tried but I gotta run ,pow. Mr. Andrews: Mr. Mayor, seriously though I've seen this happen at so many Commission Nesting! and what's occurri rg now and I can sense the Commission is getting awfully tiled, whatever you do you better, but you better come to a conclusion socn. Mayor Ferre: Let's see if we eon in t ,e next ten mintues and if not we're going to break. Co ahead. Dr. Fox: I .*ink I've just grade the :. tc. ccruent that we nought to Miami as an interin. prcce,3s and .:t.'re very clear ,,ricr. that. In order to select people and to prc,noci: pee.; lc. we relied :in data t e. validity of data that we collected another val.ieiat �.c.,. study. :e mid eoet es being the best interim solution with full undcr.sc nding that we :gad a con:r.: c:_:c- is to the city to within a reasonable period od time to leave them with a s_lection and promotional procedure that was entirely locally validated that w: a..' Le consistent with the EEOC guidelines that would ai.o be just an equitable Ord this is the goal that we've been work- ing toward. Now, as has been stated t le• art of science - the science of test- ing is not yet perfect, yet many point ; more art than science and at every step of the way, we who are involved in till; business of test development ani application are trying to advance the in and we have been trying to inaovate here and advance the art, make those I: -ore:dures more precise than they have JUNK - y 1976 been in the past. Now, what Dr. S.tondt. rs• pas showing you this evening was a selection process that was based can our hest evidence of those people among the candidates population who might best he expected to succeed in the job of police- men. Our goal to select fc,: the City of Miami the best qualified candidates during so within the ett le! ines and we t:•:;nted to select those people who looked most like the suc•cessfol l p -'c•r;ai i;; :i_ce officer in the City of Miami and this is what we did. Not ::o helabor tee point 1. want to address the issue of the apparent: co -'acid :ire aetween tae ::.:±.ors of people who successfully handled the examination :n ratio ethnic propo ion:s to rhe. City of Miami. We in no way manipulated the :,i,-a ;:, :make o 'server; ,00k good in terms of preparing a list that accurately ref i.ecr_ed rat io pr ;!Jrt 1:n - and I can unequivocally state that and state my rei:ttit.iotl ;ill t ' [,•. rep,tThii of our agency on that statement. This was not. done. We loa.e d isc.oveced uoc r the process of many validation studies that by taking a much brow,.:, r e easu•-e of a man including psychological measures net over emphas i.ng academic measures we're able to select better qualified candidates and also in a way that minimizes ratio impact and that what our studies have pint to. Mayor Ferro: '1o,•,, let ., i _ we ocmc to a conclusion and I'm going to recommend something .:t ; 1iLo t ,Lint. I'm going to recommend that Mr. Andrews, you, and the committee made up of keae Gordon and Theodore Gibson, the three of you call the University of Mf •tir.i , :.:ho. 1. of Medicine, Dr. Dean Popper, and you get the roromrtendati.cn; t rom Du i'.; lapper, and if you want to call F. I.U. ( I don't know whether ilia,) i would .like their recommendation of three (3) Pscyholo ;ist:;- a c l.i_ni<,t' i•:;v eholoeists, a clinical psychometrician, or whatever it: that the ncce;;:,:irk. eapertfae to sit down (and I'd like more than one) 1' <i i i i:o to :,ro: at lust three ..ind have them sit down with the University of Chicago and I would line fol. you t.: give them full exposure, all of the exams and ell of Lit.: thick:; ood ai'. oi che reasons and the logic of what you've done and !et them come: a:k L. ;hi:, +..t*::ai.-Lon and explain to us in their view- point of what You're •Joi.ttg t-;aaea an • .:;,:;«_ or whether we have to start all over again and lust pet and oHtct lye tlti r . o. irtion on this whole thing because I don't think anybody hone t.r. r, r c,t.!..• :: to a conclusion and I'll tell you this Jessie, You ;_y ':itr: cut the ';:iversity of Chicago. I'll tell you that's what my gut teli.t, IN-, it re . l; ci c bat other hand we spent an awfe' lot of money on thaa tai n :. we aaat th .:e ;ii_o out we got to start a11(Y' %t.lin and we gotta get r:n ,7ou ..i-ru ::c prod: else is going to be --God Blese them they a o gain,; to ac a :;u;:ce ct a;•:._n 'reads, you know, egg heads, that are going to L:e; t,'itii ail ue _ ect, ,-,, aeiaat doesn't mean anything personal, but they're. ail a )unch o: i.1t. something that they're trying to design s. :e _l:'-n. is 4.. i .::t,;_.: ri,:,. , there's no malice in these people. They're not ._ _r. to cc, a::ycn .. .. d, ::r '::e just trying to do something that hasn't 1-,en .'•,n_ by Thc_''r. e going to win the nobel prize or somet!i na for cic. i. ;ni:: i,e _t __:.c, you know and that's professional.. If I were ------ I'd •.pant. to .:l-:ae np w.tti, the most innovative best thing in the field. Tap::':; what they're trvir. to do. We don't understand it. I don't understand. I don't think an',bo. v understands it. Let's see if we can get some people in this communi ty thot ,ar. Interpret this for us and tell us look, it's practical :or .t aooan't nny R:nsL and them we'll go from there. l don't see any other conclus i on to t ui.s toter ieht . Mr. Jessie Mc Crory: it appear that. the Lniversity of Chicago is saying that they are being innovated and this I:; something brand new, is that what you're saying? Mayor Ferre: Yea, they said that. Dr. Fox: Only portions. Mr. Jessie Mc Crary.: 1 just don't want Miami to be an experiment. Mayor Ferre: Well that's what. I've `bean saying. That's what I told you about my father. I've toi.c; von ..bat story. Mr. Jessie Mc Crary: 1f th:oy're using us for a guinea pig then we really ought to get rid of them. We asked them t,, design for us a test that would give everybody in this, community a fair ..-hot. In Miami we don't need to pay t, half a trillion dollar:; iar„ : c_ ; her.,e ocd; to i,:,c: us as a guinea pig so they can go off to Cai.ifcrnia and say It k mutt w•, Jid to Miami with the guinea pig. you know, co it tnev want to hr:vi :'uini, j if;:> iet'em do it somewhere else nut on our money :,nd out on thio . onr.elit dt ree. Yvu know, let's get somebody going to design the test and not e.. ing to 1;ive us all this talk, you know, that I don't understand, you know, and I'm not exactly dumb. .JUN - 9 1976 Mayor Ferre: I agree with al ! that, but the pint is he1ore we take that final step I think we got to geL somebody who know this language and tell us what in the world to going on. Look, Lire:t to kick them out doesn't solve a thing for you today! Better hence to what? Du you know what it means? You won't take a test for ;i year and a half if we do thk , that's what's going to happen to you. Mrs. Gordon: May i ask you a question I)r. Fox? Would you make available to --- psychometrician ---- Mayor Ferro: Would you tell me what a psychometrician is I never even heard of that. Seriously, what is this psychom2trician. Dr. Fox: f suppose that is a professional mear,ure- psychological characteris- tics -- Mrs. Gordon: The question is important because if we are ab.Lc to obtain persons with this expertise by recommendation a:; tile Mayor suggested, will you make available to theta your examination, because I. recal i at a previous hearing where you said you would not snake availably to any other outside sources your examination. Will. you make available your examination? Dr. Fo:c: airs. Gordon I'm glad you asked the question. I think that in principle we would agree and we have in many other projects to a complete review of our work by others in the field who are known to be competent to judge that work. Mayor Ferre: That's a psychometrician? Dr. Fox: Well, or a psychologist or a behaviour scientist who is into the measurement field -- Mayor Ferret What's the difference between that and a cultural anthropologist? Dr. Fox: Heil, I don't know much about anthropologist, so 1 don't know what they do. Mr. Javier gray: sir. Mayor, why don't we get a little bit practical in this ---- her. I think that the University of Chicago as any other professional probably has a right to experiment wherever they are hired as consultants to do the experimentation. But I just wonder what is ie for us as taxpayers in here and including you people sitting in this Commission. And, I think, that whatever results that they come out with ought to have some very pragmatic applicanior_ to what the law of the land in terms of Equal Employment Opport- unity and Affirmative Action i;, concerned and I think that's really the problem that we're trying to solve here a;_d "i Lhiek that to put it in very practical terns for th + University of Chicago wT<<.t.var they are learning in this I think that they also oe ht to pay for it it` they are going to get any money for it. In ocher words, if they are going tc publish anything I should hope that the royalties o those publications would also come back to the taxpayers of the City of Miami who has been guinea pigs in this. This is an side issue. Ok, let me put the other part of it which is I suppcse that they are testing against what could be considered the ideal police candidate and I would like to know what that ideal profile looks like and I think that they are testing in here to find out -- you know, to find out whether those who apply -- those who are applying and are candidates to become police officers are trainable. Mayor Ferre: Will the perfect profile please stand up? Plummer go ahead, there he is. Mr. Jav:i_eE_ :y: That is correct. Wnether they are trainable and I de:ki t think Cant h,.i.n .. police o:f.ccr or _`i±;; medical doctor or being ev _,• a psychou:et eici.:r. r«_quire:,• be in_' y special ethnic group or anytaing like that. I think that we rally as a community ought to be concerned about training ._,ur population to earn a decent living in a responsible and constr- uctive and ic..:aginative and innovative matter. All this requirements I think it will. take nnd I hope a great deal oc good will and I think that we have to promote this in this community and I think that what the. University of Chicago ought to be trying to do is to tell us those trainable individuals who apply as police officers who are closer to really being trainable at the leaat ex- pense to the community who are closest to really becoming really good police officers ,and determining this way how can we really do the training to also r JUN - 9 1976 • • comply with ilic, Cohen dell• e and wilh the L n;u•Iit Do. re that this City will have to approve oventua l ly It i erms of A.f 1 i rn. t ivc• Action and Equal Employment Oppor. tuna ty. i t hiok that Its really the greatest responsibility that we are facing is it bringing :;h.nit h fair 'hake ior everybody who makes up the pop- ulation :tnd taxpayers of t i ; o,,ni,Init ^ r really have a fair shake. Mayor M'o:•rL : Uk. Javier i lsten lot me toil you something this is -- what he said and what 'You said 1 re.n c•a l iv and strangely enough in many ways it similar. And you r::,o•• bo!.'i. ,. ;r:.:It l . ; I :ottt:.ments and please don't take any offense in thin,. ; don't twat: lt i.n to a disparaging way, but you know in Germany 40 years a;o them were o lot of social scientists who were going to start er i:r rit i n;: t'^�'.t et: t ,. '.% profiles for perfect people, you know and 'what' borhorr:: n. il•.'II!: ail tTh'> scientific stuff and all this analysis of co:neuter=; and a.l. i ?.at . ls oil this stuff a preconditioning and predefining what the p..+rie• t profile for the perfect policemen is going to be? And, I don't think that we'rc vet ;ping to de that, nor do I want to be apart of doing that. Because , think, +,; 'r.. t";iag to do things and they're not incompatible i't 1 , we' ro t ry t'.!to get the ',est possible policemen and women li sten.. . Mr. Javier ;ray: i:xcur t. i . , :, listening but I think that you're taking this oot oontoxt. Mayor Ferre: ilk, don't tr-ke 111. personal offense. i think we're trying to do two thing:;. We're trying to get tip._ hest policemen and women in the community. And, we're also trying to Lrcate a situation where minorities, including women are able to function within ,.his so,'1ot'. oithoot restraints. Now, that's all we're trying to 1 don': ondeistand ;ILI of this. I would like to ask Rose Gore:-: a:id Theodoro Cib :o:t gtt. togother whenever they're available with Paul An.lrow . nod call :io orcoinl this town would recommend that you start with Dean P;ii-por of the llolooroity e`t Iliami aol ulwt maybe call. F.I.U. or I don't know whore, t lso y rl coon call. Mrs. Gordon: Ito ,:o.ino .. , ond c►i ckta out, I'm going to be out of town in so much in the next: two week . will he able to and he's got a ground floor j :TM'; on -- Mayor Force: Look, all right. 1' 1 i point A committee of one. Theodore Gibson represents this Co umis;;Io!t. You get togother with Mr. Andrews and you call around - I don't car ::nlotber you call t:he head ol. the Psychiatrist Association of Soria, Flori i:i 017 t:;i r ::;ycholc,gi.c:11 something or. --- i don't know who that Iran is t iu:t you kocp talking about. ? don't know him from adam. Let Paul Andrews and FFaiher t:=lip-:t n d_?clde chat what's his name --- Dr. Dorsett? Do you know him IL ..I.''. is he _I geJC ps_:cholo,;ist, well all right, that might be the man to ro-- you cost up with some recommodations or some names and you tell us here arc thre _• n_snos that we think we ought_ to hire and the City of Miami can go out and hire therm and sit down and talk to you and try to figure this whole thing o'tt and :dine lac.. and ,.11 i!... Dr. Fox. 'II. Ma\:or, Dr. Sainolors anti I ore here representing an entire team of people Lo work for the City and i don't believe that either he or I at this point arc willing to agroo to a p: ecoss which is not understood on both sides. Now, I stated we agree in oriaciplo to professional review. I think it's some- thing that would h._v,, to ho nogot o._ot' ._i d we'vd be glad to do it through Dr.- Gibson's roc oreoendat:iens and di ,cu:;:; i z. it with Mr. Andrews, but I think it would have to be on o basis that would :loot your needs for understanding that would mean that these people would hove to be tminently qualified. On the other hand it would have• to be on a basis. Mr. Plummer: You mf•;: t t11 me oontro going to snake the determination? Dr. Fox: No , no _ ci 1l' _ s;iv that . Mayor Ferro: Now, w,ii.t o r.:,:.c:it U. fire we go off on this thing and get into a big donir broo:: . What ho's saying :Ind 1 think he's entitled to that. He's saying if ':uu'ra going to ge: somet,ody to judge me they gotta be my peers and 1 don't b i_aric ll i m at a l l. Mr. Plummer.: No, that isn't what '.i.'- saying. Mayor Ferrc.• Yea, that'wii.it he's saying,. Mr. Plummer: I5 that what you're s:iyin;' sir? J UN • 9 1976 Dt, Fox: I am not suggesting that we have to select the people. Mayor: Ferre: We're going to sole t them but they have to be acceptable to you. I understand. Dr. Fox: They have to be exceptable in terms of ... Mrs. Gordon: Academic, qualificaAons ir, that what you're talking about? Dr. Fox: Qualifications and we n:ed to •-apply proper safeguards so that the intergity of this testing procedure-_ isn't violated and that's all I'm saying that unless we know exactly what :he proposal is I could not stand here and say we're agree to it. MR. Plummer.: Sir, unless it's ve-y complex. I understand it to be very simple. And, that is that this Commission is going to choose one, two, or three people to evaluate your test. Is that what I understand? Are you going to except these three people. Mayor Ferre: Well, now wait a moi.ient. Mr. Plummer: Mr. Mayor, I have tle right_ to ask a question. Mayor Ferre: Watt a moment I'm going to interrupt you for a moment. Mr. Plummer: Do you rule me out A order? Ok, fine. Mayor Ferre: Ok, I'm going to an•iounce my selection. I want John Doe & John Does (fake names) that's my point. Mr. Plummer: I wrir,t to ask a question and I want an answer real soon. This Commission is going to designate one or more people of qualified individuals of psychiatrists , psycholoists 3r that other fancy name. Are they going to be exceptable tc you or not sir? Dr. Fox: I don't know, unless we knew who they were and under what terms we could work with them I cannot give you the answer that's why. Mr. Plummer: Now, come on Maurice let's don't kid each other now damnit this is serious. Either these people are going to accept who we send as qualified now that's number one. They're either cur_lified or they're not,and by God let me tell you something when I send you three people I'm not going to send you three wio don't know a thing about it. But I'm talking about the City Manager selecting three qualified individuals, are you going to accept them? Dr. Fox: . 'vd have to consider those individuals and the conditions under which this exau,ination of our procedure would be conducted and what would be the mechanism for feeding that --- Mr. Plummer: I got news for you sir, ok- I want to make a point very clear because I don't want him to misunderstand me because obviously there's been some misunderstanding. Sir, you either accept those three individuals or as far as I'm concerned I'm read to make a motion. (applause) Mrs. Gordon: I just would like to ask you again the same question I asked before and only yes or no, providing; the three persons or one person, which ever qualified individuals we obtain and meet your specifications for qualif- ications will you permit them to examine the test to physically have your test in their hands for examination? Dr. Fox: 'n; sorry that we were interrupted on that point before what I wartei to convey was this yes we believe in principle in this professional review. Their are a lot of consideration... . . Mrs. Gordon: Will you male the test available yes or no? Dr. Fox: if all of the conditions seems right regarding perserving the intergity of the test and if our colleague in Chicago agree with that position ... Mrs. Gordon: understand you h<<ve other people to consult with but the point is they can evaluate what you're doing unless they have the evidence at hand. //g JUN • 9197b 11/ Dr. Fox: That's right. Mrs, Gordon: Ok. And you'll make the evidence available to qualified people. Dr. Fox: Under appropriate conditions isms I believe our colleagues in Chicago would agree with that. Mrs. Gordon: A1.1 right. Ok, you answered my question appropriate conditions. Dr.. Fox: Ok. Mayor Ferre: 1 told you what I want to do. I would like to appoint Theodore Gibson to consult with Paul Andrews, select one, two or three qualified psychologists, psychiatrists.-- I '_hink they're entitled to say that they're not acceptable because psychoru,tr.ieinn and then :it that point you're going to give them the exem and go through the process and they're going to come back here and they're going to say we think this makes sense and this is completely foolish and it_ makes no r.cTnmon sense. i ion't know what else to do. Mrs. Gordon: That's it. Mr. Plummer: You're wasting :our time--- you're allowing these people who we wish to test. You're allowing them to set who is qualified and who is not and I think it's wrong;. Mayor Ferre: Jessie, 1'1.1 tell you the oaiy alternative that 1 would accept is to fire to University of Chicago (applause) That's fine, but we're not there yet and for us to do that in m, opinion would be to act irresponsible tonight. We spent a quarter ,of a mi l Jun dollars on this thing. We've gone through a whole process. 1 haven't been the champion for the University of Chicago, but on the other hand we've Zone :;o far that 1 do not consider myself qualified to pass _judgment on theta at this time just because something happened that i don':. agree with. Mrs. Gordon: Mr. Mayor, let the say you're absolutely right because let's face reality if ;; parson _s ill and they get a diagnosis from a physician, they need a major operation they're going to go and take another doctor's opinion and I think in this case what the Doctor Ferro is recommending is absolutely correct. Mr. Plummer: Al. this point he is ►tndeeteker. Let me tell. you something. I'm going te tell you and I'm going Lo make it ,mine.ntly clear now I am trusting as I have cane on a number of occasions Paul Andrews judgment that he is going to come up with one, tw:1 or three people who are qualified and I'm going to tell you this and Father Gibson, ok. l':; going to tell you. You tell me how many people you recommended and if they were qualified and if you tell me that the University of Chicago refused to accept those three people I'm going to tell you the motion is made to dismiss the University of Chicago. Mayor Ferre: Ok, and i'].l vote with you a: that time but right its academic because I think these peopie as proiession.ais are entitled. If you're going to put somebody to judge them they're entitled to say, wait a moment that guy doesn't even have a college degree. NOw, that's not going to happen. I know it's not going to happen because Theodore Gibson isn't going to choose that way and neither is Paul Andrews and that's why I'm saying for goodness sake let's wait until we get to that bridge b;tore we cross. Now let's go home. Mr. Jessie Mc Crary: Mr. Mayor, the last thing, let me say this, when you gave them the contract you said to the University of Chicago the testing business is yours and this Commission has stayed year. thee. The Civil Service Board has stayed out of it. The Police.: Department stayed out of it, nobody bothered them. I think l.c.'s inc:nnt upon this Cosi.;u that if you got people you want to test then. You can't le: them date to you. The same way that you're not dictating . _ titer: a:,out Yon :;ake the choice. It's your money. If the people ere satisfactory t; you... Mayor Ferro: Jessie, I'm being pr is t irbie. They're going to be acceptable. ME Mr. Jessie Mc Crary: i am being more tt:ra:: practicable with these people. am letting them know that people are dissatisfied and that it's your derision who you want to examine them. It's not their decision to make. Mayor Ferre: I understand, but we're arguing about a technicality from a r /17 JUN - 9 1976 practical point_ of view Theodore Cth•;on and Paul Andrew.; are going to select Dr. Dorsett of whatever his name and the University of Miami got and they're going to accept them. So why are we arguing about something that is just completely academic. Mr. Plummer: Because it's the attitude that's what I'm trying to tell you. The attitude that they have taken a defensive stand that they are the ones who are going to make the determination if these people are qualified. That's not their prerogati\e . Mayor Ferre: No, they didn't -,ay that They said that they would determine whether or not the people we select_ are acceptable to them. Mr. Plummer: That's right. Mayor Ferre: Now, wait a moment, if they're not acceptable to them then we're' going to cross that bridge then. Mr. Plummer: I'm rcady to cross It right now. Mayor Ferre: Well, I don't think we should cross it tonight. I think that is irresponsible. Mr. Plummer: Well, I disagree. Mayor Ferre: Well, then let's put it up to a vote and see what the majority of this Commission wants to do right now. ok? Mr. Plummer: Fine. Mayor Ferre: I will pass the t;a-elon to Rose Gordon and T. will make a motion and the motion reads as follows: That a committee of 1 representing this Commission, namely Canon Theodore Gibson meet with the administration represented by the Manager, Paul Andrews post haste and through their deliberations and investigation: namely at the University of Miami, F.I.U., The American College of Psychiatrists or academy or whatever it's called and the different areas of expertise in that particular field, that they come back to this Commission with one and up to three reco;niaed experts, locally, in Florida in this field that will sit don with the University of Chicago and they will give them full and total cooperation and information to evaluate what has and come back in laymans language to th'_s Commission in specific recommendations as to the procedure of the pact and whether or not it has made any sense and whether we should continue it. Should that he in the negative that the University of Chicago be dismissed. And that we start this process all over again. Should it be in the positive that they be allowed to continue and that we :-hen come up again for further discussion' That this Commission will do t:re selection, but once we make that appointment that the University of Chicago will have two days to response. Is that plenty of time for you to check out the qualifications of these people? Dr. Fcx: It's how they the case that you'll select people of emnient qualifi- cations , and then we'11 need to examine or explore with the City Manager under just what conditions we can give the all the information or could give them all the information they need to make the determination with adequate safeguard. Mayor Ferre: That's not the point. The point is I want an answer from you with- in 24 hours or 43 hours that chete people are acceptable to you as your peers to go into this process. Is 48 hours acceptable. Dr. Fox: Yea, on that issue as to the acceptability of the people. Mrs. Gordon: Summaries t-ae motion :as;ain, before the final voting of all the Commissioners. Is that su>nmarizea ? Ok. Mr. Plummer: Or they are termi.n:ttd. That's what 1 understood, did I nut? Mrs. Gordon: Did you put that it your motion? Mayor Ferre: No, no. I said after these people come back with their report that we will either continue with the University of Chicago or terminate them. Mrs. Gordon: Well, they have 48 hours to accept or reject and then at that time we'll take it up. /a gun . 9 1976,11 Mayor Ferre: If they reject then I will call a special Commission Meeting and you can make whatever motions you want and we'll decide it then. Ok. Mrs. Gordon: Ok. Will you call the roll please. The 1 ulIOW! .ng 'not ion wag 1ntrcrinc•ed Mayor Mat►rict' A, Frrre who moved ttr adopt 1cm: MOTION No. 76-591 A MOTION APPOINTING CANON THEODORE GIBSON AS A COMMITTEE OF 1 REPRESENTING THE CITY COI•L'`1ISSION TO MEET WITH P. W. ANDREWS, CITY MANAGER POST HASTE AND THROUGH THEIR DELIBERATIONS AND INVESTIGATION; NAMELY AT THE UNIVERSITY OF MIAMI, FLORIDA INTERNATIONAL UNIVERSITY, THE AMERICAN COLLEGE OF PSYCHIATRISTS AND OTHER AREAS ,iF EXPERTISE IN THE FIELD, REPORT BACK TO THE CITY COMMISSION WITH ONE AND UP TO THREE LOCALLY RECOGNIZED EXPERTS IN THIS FIELD TO MEET WITH REPRESENTATIVES OF THE UNIVERSITY OF CHICAGO WITH THEIR FULL COOPERATION AND INFORMAT- ION TO EVALUATE PAST ENTRANCE EXAMINATION TESTING PROCEDURES AND REDUCE To LAYMANS LANGUAGE AND REPORT BACK TO THE CITY COMMISSION SPECIFIC RECOMMENDATIONS IN AN ATTEMPT TO SUBSTANTIATE THE VALIDITY OF EXAMINATIONS ALREADY ADMINISTERED; SHOULD THE RESULTS OF SAID INVESTIGATION BE NEGATIVE, THE UNIVERSITY OF CHICAGO IS TO bl; DISMISSED. SHOULD EVALUATION RESULTS BE POSITIVE, THE UNIVERSITY OF CHICAGO BE PERMITTED TO CONTINUE AND THAT A FUTURE COURSE OF ACTION BE DECIDED BY THE CITY COMMISSION AFTER SUCH EVALUATIONS ARE COMPLETED AND DIRECTING THAT THE UNIVERSITY OF CHICAG0 MAKE RESPONSE TO THE CITY COMMISSION WITHIN A PERIOD OF 48 HOURS AS TO THE ACCEPTA.BI.LL'TY OF PERSONS CHOSEN WITH LOCAL EXPERTISE 0 MEET WLTH REPRESENTATIVES OF THE UNIVERSITY OF CHICAGO. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo T:eboso Commissioner (Rev.) 'Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor. Rost Gordon Mayor Maurice A. Ferre NOES: None. Mrs. Skubish: Mr. Mayor, I've been here thirteen hours and I think I deserve one minute,ek. Mr. Mayor, Members of the Commission, City Manager- my name is Pat Skubish, I'm Chief Examiner of the City of Miami. I would just like to make a statement concerning the test is going to come back to Civil Service within a year because it ends (Jessie, right within a year) no with the Cohen decree - one year the entrance examinations will be coming back. I would like the University of Chicago to try to educate me as to what their procedures are being that I am the Chief Examiner, is that agreeable? Mayor Ferre: It's up to them? Mrs. Skubish: That's what I'rm asking ? Dr. Fox: Thar was stated as one of our final commitments in the change over process that we would train people here in the City of Miami to use the rightful products of this: whole ,process which will theirs. Mrs. Skubish: Just want to get it on the record.. Thank you very much. Thank you Mr. Mayor, members of the Commission. Mrs. Gordon: Thank you. All right, we still have item no. 15 Mr. Mayor, it's not going to be a long item. I think Peter Joffre is here. Mayor Ferre: Peter Joffre you got 30 seconds to speak to it. /19 JUN - U 1976 tio PROV I D NG PRESENT MEMBE �.S OF THE PLAN WHO WE AMEND CHAPTER 2 L GJATC� ME1 OR CUSTODIA WO,� nK sE S�, OF THE CITY CODE LABORERS, EiETWEEN APR I L �, j.Y55 A4D SEPTEMBER .5U, -i-.4 M BUY BACK CREDITABLE SER/ICE (DEFERRED TO b- %-/b) Mr. Peter Joffre: I find it so Late nt night I've been up going till eighteen hours and I feel... Mrs. Gordon: All right. I make a motion that we approve 015. Mr. Peter Joffre: No, can we hold this for the next meeting? Mr. Plummer: Sure, --- Mr. Peter Joffre: Because this is going to he a discussion oft it and 1 feel Mrs. Gordon: You don't want it? Mr. Peter Joffre: No ;ma'am, it's too late at night and I think the Commissioners are too tired and it's going to take more than I think fifteen minutes. I'd like this to he one of the first things coming up in the next meeting because we've been running around... Mrs. Gordon: Ok. Fifteen is deferred-- do we get a motion to defer. Mr. Plummer: Wait a minute Rose, I don't know which I'm going on this item, but Mr. Manager is there any problem, isn't this going to take two readings? Mr. Andrews: Yes. / Mr. Plummer: All right, let's pass it on the first reading. Mrs. Gordon: Ok, I'llmove it. Mr. T.J. Duggar: J.L. I'd -- because there are some other things to be brought up into this and we don't want to right now-- there's other things. Mrs. Gordon: All right, I move we defer this item. Mr. Plummer: Ok. Seconded. Mrs. Gordon: Ok, on item 015 all those in favor say aye. Mr. Plummer: No, no, I won't buy that Rose. Call the roll and I'll buy it. Mrs. Gordon: All right. Mr. Ralph Ongie: I don't have a second on the motion to defer it. Mayor Ferre: There's a motion to defer and Gibson seconds, further discussion call the roll. * A MOTION TO DEYER THIS MATTER TO THE NEXT MEETING DATE TO BE HELD ON JUNE 17, 1976 COMMISSION MEETING WAS PASSED AND ADOPTED BY A UNANIMOUS VOTE OF THE COMMISSION. Sao • a PROVIDING FOR MEMBERS WHO ECOME POLICEMEN AND AMEND CHAPTER 4 FI RE IEN SHALL AUTO)OA�1TI CAW( BECOME MEMBER OF 57, OF THE CITY CODE THE ET I REMENT SYS I H, PROV I DI NG A METHOD OF COMPUTING BENEFITS ETC. (t=IRST READING f1RD,) L. Hnrrisorr: ltem Ll 16, Mr. Mayor- simply .allows people that are ahan;ing from than plan. In other. words, yn i n} from .a general employee to a uniform service II allows them to become members; of the system, go from tha• plan to tho :;ystem. Mayor Iirre: Anybody have any objections to that'. Mr. Andrews: Well, I want to point out that thin also changing the unfunded aecrucd l i,abi 1 ity. 1 don't know how much that is. 1 don't think there':; any statue ies available. i want the Commission to be aware of that, that you're passing something that von don't really have full information on. Unless you have some Lieutenant that you can furnish us. Mr. Plummer: Kenny, do we have any figures on it? Lt. Ken. Harrison: It's, total of three people at this time that's two firemen ;and one woman that's in the police academy right now. Mr. Plummer: I' 1 l move 16. Mrs. (Gordon: All right, 1'1I second it. Mr. Lloyd: The City Attorney read the ordinance into the record. Mr. Andrews: Madame Chairman may I :;peak to this farther. Mrs. Gordon: Excuse me, did you call t.hc roll on that yet. Do you want to speak on discussion on t h::t item. Mr. Andrews: Only to this extent. I'rn not objecting really to this because there are so few people involved and I realize that there are only three people now. But I want the Commission to make some observation here as you pass through this. There are things that are put on the hargaining table, the negotiating table when there are emoluments that flow to the employees. Here is an instance in which a matter that Bows to the employees that's taken out of context. of the bargaining table that is being presented to the Commission to be acted upon. I want you co recognize that and take cognizant of it that you're being asked to amend the ordinance to provide emoluments for employees that heretnlore have been placed on the bargaining table. And I say I'm not objections to it because it is only a miner matter. I. recognize it's important to those three people and I certainly don't want to be party to depriving those three people because of the system the way it works. Father Gibson: But let me say this Mr. Mayor, 1 want you to hear tlals. When 1 raise some certain questions about that pension fund and the flow of benefits; everybody told me --you know, that ought to go to the bargaining table. I just want to make doggone sure. You know, you all got all sorts of rules when it Is who it wants to be. I want to make sure everybody knows that when you come hack here on the second reading you're going to catch hell from Theodore Gibson,ok. I want everybody to understand that. Mrs. Gordon: After the roll's called I promised Frank a minute at the mike, you still want it right and that was before you got here Maurice this afternoon. So ahead call the roll please. JUN - (J 19/( AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CcD OF THE CITY C7:AMI, FLORIDA, 1957, AS AMEND- ED, EY PROVr' _DING Ti.�.'TrE:u L+;?EES WHO ARE SO EMPLOYED ON THE EFFECTIVE DATE HEREOF AND WHO THEREAFTER BECOME POLICEMEN OR FIREMEN SHALL AUTOMATICALLY BECOME MEMBERS OF THE SYSTEM, AND BY PROVIDING TiIAT EMPLOYEES PREVIOUSLY APPOINTED TO THE POSITION OF POLI:CE;IEN OR FIREMAN MAY ELECT TO BECOME MEMBERS OF THE SAID SYSTEM ON ;HE EFFECTIVE DATE OF SUCH APPOINTMENT, AND BY PROVIDING A METHOD OF COMPUTING BENEFITS FOR THOSE MEMBERS SO TRANSFERRING HEREUNDER; ESTABLISHING THE DATE OF DECEMBER 31, 1976 AS THE DEADLINE DATE TO EXERCISE SUCH ELECTION; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT', INSOFAR AS THEY ARE CONFLICT, AND CONT- AINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner T. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. PERSON'L APPEARANC 58, FRANK LLIAMSJ G,L �'II,A, REGARDING POSITIONS BEING FILLED BY CASHIERS AND LIFEGUARDS Mr. Frank Williams: I want to check on the Commission on a matter of policy and I'm going to discuss the policy. The policy is the dissolving of cashiers and lifeguarda and offerina these people the deameaning jobs. It looks like we've got a reversed affirmative action going here. We got seven ladies that are being offered an opportunity of cleaning the toilets, thref! of them are black. We got nine well -trainee: competent lifeguards, two of them are white, two of them areiadies, two of them are letins, and three of them are black males. New, I said competent anti this whole thing is to save $80,000.00 and I think we are pennywise and pound foolish and I'll tell you why these people are going to be replaced by particular the lifeguards. They're going to be replaced b; part-time college kids _hat .arc not trained in lifeguard techniques, first aid techniques, how to t,andie a heart attack. In fact we almost lost a little child this week because the :`anager was collecting the money that a cashier would've been collecting and :h:'„1u was in trouble a:td nobody saw it. And, I think, if we do this and we end up with incompetent people watching these children that once we Let death in the cool cr a heart attack and we cut down services thet an good tort lawyer is going to eat up that $80,000.00 so far that it aint evc.n going to be funny a►-1 ; thi:a:: this is the dangerous precedent we've set here :_.;d I ;•r:,ut to ::now if ti-is :LE what the Commission's policy is. Mrs. Gcr::o n: 1-r. Andrews this iE a very serious matter and what is your response to the st._te1 nt? Mr. Andrews: Well, my first reslonse is that I questioned that this really is a policy matter. If the Commission sets policy that they want the pools opened at a certain time and if they wart them operated in a certain way then they charge the City Nanaer to see tt-.at that's accomplished. The City Manager makes the decision how that should be done in concert with the Civil Service rules that's one thing. So T_ questioned that the Commission can act. I always seek their advices and I'm willing to co that but I think this matter is left to the City Administration to make a decision and that's one thing. The second thing /,2 2 JUN - 9 197E i.q AS Inr as the employees are concerned we always try to work with Civil. Service in placing the employees in similar 'ohs where ever we can and Job I'aulk will come up and testify to that. And certainly, I'm going to make sure wherever we operate swimming pools that we're going to have qualified people who have been certificated in their reel cross capability. WE'►c not going ,nit and hirin►, inexperienced people to manage our pools and where there's an opportunity to do all that and s;ave the taxpayers of the City of. Ml:ami money that's; the way we're going to operate It. Su it will be done in concert with Civil Service and the safeguards in my judgment wi.l.l be there. Mr. Plummer: Two questions: The question of safety is raised. I think that is a thing for this Commission to question. I would like to have from you Mr. Andrew:;, I think it's only appropriate that he has cited an example that you answer that. That it is the case or it is not, ok. I think that should he answered. Number two, I have to ask that in no way are we violating the federal statute by eliminating a regular employee and replacing it with a Manpower person. ?lr. Andrews.: That's right. Mr. Plummer: "That's correct, it's not being done, There's no violation of federal statutes. Mr. Andrews: No. And out of courteous, I think, 11 they want to raise this question about this person that drown or nearly It should be done in writing and not to verbal presentation. Mr. Plummer: Well, 1'rn hoping Mr. Williams will give you the name and the incident and times and the date. Mr. Williams: I will. Mr. Andrews : And his understanding of the incident as it occurred. Mr. Plummer: Did Jessie Mc Crary leave? .Jessie, I want to bring up one thing and I'm not going to discuss it --- Mrs. Gordon: There was one notion J.L. that we didn't pass today because we were waiting for someone to come here from Third Century and they didn't get here that was Motion No. 76-508, remember that Mr. Lloyd? We never did pass that, is it necessary that we act on it? Mr. Plummer: Why don't we defer since ---- Mrs. Gordon: Well, we were told that someone was coming from Third Century but nobody did come and this is the way the motion was made. What do you suggest? Mr. Plummer: Defer it. Mrs. Gordon: All right. Mr. Plummer: Mr. Lloyd, I want to say it in the presence of Mr. Mc Crary. Mr. Mayor, I want you to hear this and I'm merely asking for the question of inform- ation. I read yesterday in the Miami herald about a very recent Supreme Court decision as it related to the hiring of policemen (in particular) black police- men in Washington. I merely ask you to look into that decision and see if it has any bearing on what is being done in the City of Miami. I'm not asking for an answer now. I merely want you to look into it. JUN - 9 1976 • 54 WAI E FEES ,FOR LJSE OF kOBERT KING HIGH PARK BOY SCOUTS OF AMERICA SOUTH FLORIDA COUNCIL Mr. Reboso: Father before you go. I have a Letter here from the South Plotida Council Boy Scouts of America asking to waive the fees in the Robert King High Park. Mayor Ferre: Reboso moves. (1bfin se,onds. Further discussion call the toll. The following motion was introduced by Commissioner Reboso who moved its adoption: MOTION NO. 76-592 A MOTION WAIVING FEES FOR USE OF ROBERT KING HIGH PARK ON JUNE 12, 1976 - 9 A,.1. TO 6 P.M. AND JULY 17, 1976, 9 A.M. TO 6 P.M. FOR TIE BOY SCOUTS OF AMERICA SOUTH FLORIDA (:0UNC 11.. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner. (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. ViceMayor Rose Gordon Mayor Maurice A. Ferre NOES: None, ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at: 10:20 O'Clock P. M. ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk MAURICE A. FERRE Mayor gay ITEM NO. 1 4 5 6 7 11 12 CITY DF MAMI 1'il tiff I ON AGENDA .AND C', I'1' CLERK REPORT \l' I IIOR I I NC THE CITY MANAGER TO ENTER INTO AN \GREF!,IENT WITH THE FLORIDA DEPARTMENT OF EDII- CAIION, FOOD AND NUTRITION MANAGEMENT. A1'"1'HOR I Z I NG THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY THROUGH THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES. ALLOCATING THE SIIM OF S1(1,588 FROM THE CAPI- TAL IMPROVEMENT FUND -UNALLOCATED FUNDS. GRANTING rA PETITION FOR A PLANNED AREA DEVELOP MENT (PAD) AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXI-1, ACCEPTING THE COMPLETED WORK PERFORMED BY AD -A -LIFE ELECTRIC, INC. AT A TOTAL COST OF 534 , 822 . 36 ACCEPTING THE COMPLETED WORK PERFORMED BY IRPCO PAVING CO., INC. AT A TOTAL COST OF S25,184 CANCELLING A COVENANT TO RUN WITH THE LAND I) 1'1'ONING THE IMMEDIATE CONSTRUCTION OF AS- PHALTIC CONCRETE PAVEMENT ON THE PORTION OF THE STREETS ABUTTING FLOYD'S GROVES ESTATES 3R1) ADDITION WAIVING THE RENTAL FEE FOR THE USE OF BAY- FRON I' PARK AUDITORIUM ON .JULY 17, 1476, FOR THE ANNUAL POLICEMEN'S BALL. WAIVING THE RENTAL FEE FOR THE USE OF MARINE STADIUM BY THE GREATER MIAMI PHILHARMONIC FOR FIVE SUMMER CONCERTS. :Ac'('F.P'I LNG THE BID RECEIVED FROM CINCOM SYSTEMS, INC. FOR FURNISHING A DATA BASE '•1ANAGEMI:NI SYSTEM A'I' A TOTAL COST OF 51 7 , 5(1(1 W1'I'H FUNDS PREVIOUSLY ALLOCATED FROM THE POLICE ('RIME PREVENTION FACILITIES BOND FUND-MIAMI MODERN POLICE HEADQUARTERS. :1t'('dP'IING THE BID OF DICK MORTON, INC. IN I IIF: I'ROPOSI?D AMOUNT OF $YY,912. 75 FOR THE CENIRAL DRAINAGE PROJECT E-37. 1'R(. I NG MF'I'ORPOL1'1'AN DADE C(tEINTY TO IMMEDIATE- LY Y FORWARD To SOUTHERN BELT. TELEPHONE COMPANY 1 1 ti ORDER FOR I NST:'‘ I.LAT I ON OF "911" EMERGENCY TELEPHONE NUMBER SERVICE FACILITIES MEETING DATE Tune U, 1976 R-76-547 R- 76-548 R-76-558 R-76-554 R-76-562 R-76-563 R-76-564 R-76-565 R-76-566 R-76-567 R-76-5h R-76-56 RETRIEVAL CODE N0._ '(((r,(1 76-547 76-548 76-558 76-559 76-562 76-563 76-564 76-565 76-566 76-56i 76-56f 76-56( TD1 NO. DOCUMENT IDENTIFICATION 14 15 16 17 18 19 20 2 4 10h) kl; 1;NIt.ING IHE PLAN oF MRS. IEWIS ROSFNSI[11 FoR \ BICENTENNIAL PILGRIMAGE 1'O EUROP1: '1'111 S YEAR BY MEMBERS OF THIS COMMUNITY TO VISIT BATTLEFIELDS WHERE AMERICAN SOLDIERS HAVE FOUGHT AND DIED FOR THE CAUSE OF FREEDOM RATIFYING ANI) CONFTRMINC THE ACTION OF THE CITY MANAGER IN NEGOTIATING AND EXECUTING A CONTRACT WITH THE FIRM OF FOWLER, ETTINCER, POTTER N HART OF ORLANDO, FLORIDA WAIVING THE PAYMENT OF THE COSTS INCURRED RY THE CITY IN THE AMOUNT OF $2,882.11 TN CONNEC- TION Wl 111 THE GOLDEN GLOCVES 1976 TOURNAMENT OF CHAMPIONS HELD MARCH 24-27 1976 NOMINATING COMMISSIONER .1.1.. PLUMMER, AR. FOR APPOINTMENT TO THE BOARD OF THE DIRECTORS OF THE GREATER MI:AMI TRAFFIC ASSOCIATION CHANGING THE DATE OF REGULAR CITY COMMISSION MEETING OF JI'NE 24, 1976 TO JUNE 17, 1976 APPOINTING REYNA PADILLA AS :A MEMBER OF THE CITY OF MIAM1 YOUTH ADVISORY BOARD. DENYING THE CHANGE OF ZONING CLASSIFICATION FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-3 (LOW DENSITY MULTIPLE), FOR PROPERTIES FRONT- ING ON ANI) ADJACENT TO BISCAYNE BAY FROM OSCFOI.:A CANAL. :AUTHORIZING THE DIRECTOR OF FINANCE TO I'AY :ATTORNEY' S FEES AND COSTS TN THE TOTAL AMOUNT OF $4 , 1 45. 60 TO JOHN R. FARRELL . .\I'THORI7,INC THE DIRECTOR OF FINANCE TO PAY .1 [ I'ORNEY' S FEES AND COSTS IN THE TOTAL AMOUNT OF S28,472.47 TO AoHN R. FARRELL. CIIAM;IN(; THE DA'I'F OF THE REGULAR CITY COMMIS- SION MEETING OF .1U1:Y 8, 1976 TO JUI.Y 1, 1976. ;AC(:FI'T1NG THE BID RECEIVED FROM THE MARRIO'I"I CORPORATION FOR FURNISHING FOOD FOR 3 CITY DAY CARE CENTERS FOR A PERIOD OF ONE YEAR. .AU I'Iifl< I Z.1 NG AN 1 NCREASE IN THE SCOPE OF THE MI AM I MODERN POLICE DEPARTMENT HEADQUARTERS RI' 1LD1 NG CONTRACT BY $30,(I00 c O*11 S I O R-76-570 R-76-571 R-76-572 R-76-573 R-76-574 R-76-575 R-76-576 R-76-577 R-76-578 R-76-579 R-76-582 R-76-58:3 RBI EVA L E NO. 76-570 76-571 76-572 76-573 76-574 76-575 76-576 76-577 76-578 76-579 76-582 76-583