Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 1976-09-23 Minutes
ITY OF MI OF MEETING HELD ON September 23, 1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK INDEX YICISREGULAR CITaTSIC OFAMI, FLORIDA ITril NO, SUBJECT ORDINANCE C R RESOLUTION No, PAGE NO, 2. 3. 3-A 4. elk 5. 6. 7. 8. 9. 13. 14. 15. 16. 17. 18. 19. 20. 1. EMERGENCY ORD- AMD. O1:D. 'ii ); Delete $10,000. Appro. to H u;panic Comm-Proj . and Increase Appro. to Little Habana Activities Canter by $6,900. Hot Meals Pro);. $3,100. Downpayment Motor Vehicle. I3urem•i-Handicapped persons BOOZ-ALLEN & HAMILTON SYSTEMS -PROP. PLAN. DEPT. REORGANIZATION: LATIN AMER)CAN TRADE EXPOSITION -TECHNICAL SERVICES: DIRECT CITY MANAGER TO CONSIDER FURNISHING OFFICE SPACE TO THE BOARD OF DIRECTORS C.I.P.E AUTHORIZE CITY CLERK 10 SELECT AND APPOINT THE A..S I STANT C I TV CLERK PUBLIC HEARING-DOWNIO N iiEV. AUTHORITY BUDGET: SOUTHERN BELL "i i '_'tkki!?at: FRANCHISE NEGOTIATIONS: CONVENTION CENTER -SELECTION OF ECONOMIC CONSULTANTS GLADSTONE ASSOC. COMMISSIONER GI BSt)N'S COMMITTEE REPORT-UNIV . OF CHICAGO, INDUSTRIAI. RELATIONS CENTER -TESTING PROCEDURES: BRIEF DISCUSSION-CONST1i'UTIONAL AMENDMENT AMEND ANNUAL MEMBERSHIP GREEN FEES AT CITY OWNED GOLF COURSES: WAIVE GOLF CART RENTAL FEES-MIAMI SPRINGS GOLF COURSI BETWEEN MAY 1, 1976 AND NOV. 30,1976 SEMI-ANNUAL TAXICAB PUBLIC HEARING -TRANS. AND REPLAC;; CERTAIN CERTIFICAiE.S OF CONV. & NECESSITY AGMT-OMNI INTERNATIONAL. AND THE CITY OF MIAMI EXPEND $500,000. i:ONS"IRUCTION OF SUB. IMP. AWARD BID-OMNI PAVING is:OJECT B-4384 Bid A: AWARD BID-OMNI PAV. PROJ. B-4384 Bid B: AWARD BID-OMNI PAVING PROJ B-4384 Bic C: PROCLAMATIONS,PRESENTATIONS,RETIREMENT PLAQUES AND SPEC. ITEMS: MOTION OF 1N'I'ENT-WAIVL: FEES FOR USE OF WATSON ISLAND AND CITY SHOI,IMOb1LE: CONDITIONAL USE -WAIVE. FEF-HOPE SCHOOL: AWARD BII)-BISCAYNE WEST HIGHWAY I.MP. H-4390 Bid A AWARD B1D-BISCAYNE WEST HIGHWAY IMP- H-4390 Bid B; M 76-813 M 76-814 M 76-815 M 76-816 M 76-817 76-818 M 76-819 (1st reading) R 76-820 R 76-821 1.-4 4--10 10--14 14--17 17--18 18--19 19--34 34--36 36--55 55--57 58 59 59 R-76-822 60--61 -- R-76-823 62 _,R-76-824 63 _R-76-825 3 R-76-826 M-76-827 -R-76-828 R-76-829 64 64 65 65 66 MINUTES kud R MUIETINQ CITY COMMMIcY4 OF MIAMi, FLORIDA 1161 43, 'el'''. • SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 22. 23. 24. 25. AWARD BID - BISCAYNE \-EST fliGII IMP. H-4390 Bid C; ALLOCATE FUNDS -TEND ITRIOD 0F SERVICE RSX-11 D OPERATINc; SYSMMS SFECIALIST: SUBMIT FEDERAL GRANT APPN-U.S. TRAVEL SERVICES CANADIAN \DVER`rt Ni-; CA?v:PA SUBMI 10ERAL GRAN.; APPLN-C.S. TRAVEL SERVICES- DEF'T.. OF LOMMERF-If-M31 Ffl_M PROJECT: 26. EXECUTE AGMT-METKO M:,NiER PLANNING CONSORTIUM DADE AND MONROL LiVNTIES: 27. 28. 29. 30. 31 32. 33. 34. ir 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. RATIFY ACTION OF [111-. fIITY AllORNEY AND CITY MANAGER -RETAIN 7;',.EPHEN N. SEEPIN, AS CO-COCNSFL 1% L.I."Y VS. JOEL WOOLDRIDGE: CLAIM SETTLLMENJ- , , %NO RENEE CAMBERT: APPOINTMENi 61 1-,1hbliclds- MIAMI MEMORI AI.. APPOINTMEN1-DR. DiELMA ?Lil'‘'--MIAMI MEMORIAL COMM. APPOINTMENT - 1( I MEMORIAL COMM. AMUSEMENT RIDE PrRM,--All'ARK PLAZA-NOV.2,1976: WAIVE RENTAL FLL2.YFT A,7). "TOYS FOR TOTS CHRISTNA:, PARTY. WAIVE RENTAL FUS-H0:.-11031,,E - MUSCULAR DISTROPHY ASSOCIAIION-JLRY I EWIS TELETHON: AUTHORIZE CITY MANAGER 10 EXECUTE AGREMENT MANAGEMENT 'CIEN/i- AMERICA INC.: MOTIONS OF INTENI-,HA\E DAIE OF REGULAR MEETING IN NOVEMBER AND ET SPEC MEETING DATES : ESTABLISH DATE !II. HEARING-MAYOR"S COMMITTEE HOURS OF SALL oF AI.0HOIIC BEVERAGES: DOWNTOWN DEV. ,i:1W,C1-1ht READING: PERSONAL APPEARANCI-ot MEACRSON-NEW CITY HALL: ALLOC . .515,o00. --CCH..:EN:, FOR BETTER COMMUNITIES: ALCOHOLIC 1RLAIMEN; tiNlER: ACQUISITION OF PPOPEEIY ON bR1CKELL AVE: LIGHTS, SHENANDOAH PAS} AGMT. WITH LVIII0 En' -PROPOSED LATIN AMERICAN TRADE EXIIILII1ON IN NtAM1: AGMT-GEADYIONI A c..-5o;,NIOWN CONVENTION CENTER: AUTH. CITY CLERK Tv A1'Po1Y1 AsSISIANT CITY CLERK: R-76-830 66 R-76-831 67 R-76-832 68 R-76-833 68 R-76-834 69 R-76-835 69--73 R-76-836 74--75 R-76-837 76 R-76-838 76 R-76-839 77 R-76-840 77 R-76-84I 78 R-76-842 78 R-76-843 79 M-76-844 79--81 M-76-845 82 (1st reading) 82 M-76-846 83--85 M-76-847 86--87 88 88 38 R- 76-848 89 R-76-849 90 R-76-850 90 INDEX MINUTES COMMISSIONOFI R F RIDA limmewsimemp ITEM No, SUBJECT ORDINANCE 013 RESOLUTION NO, PAGE N �. 47. 48. 49. 50. 51. 52 53. 54. 55. 56. 57. 58. 59. 411, 60. 61. PROCEDURE TO CALL SPECIAL COMMISSION MEETING: MIAMI DOLPHINS USE OF ORANGE BOWL -STATUS OF LEGAL ACTION: DOUBLE TAXATION LAWSUIT - DISCUSSTON: GRAND AVENUE PARK -PRESENTATION BY HARRY,OPPENHEIMER ROSS & ASSOC: BRIEF DISCUSSION ITEM -GAS STATION NEAR BICENTENNIAL PARK: BUDGET HEARINGS - DINNER KEY EXHIBITION HALL -PROPOSED DEVELOPMENT: APPROVE PROPOSED PROJECTS -PUBLIC WORKS IMPROVEMENT ACT 1976: CITY MANAGER'S REPORT- SALARY AND EMOLUMENTS OF OFFICE FOR NEWLY APPOINTED CITY ATTORNEY: CITY MANAGER TO ADVERTISE FEDERATION OF INTERNATIONAL AMERI. C.AN c'LU S MISCELLANEOUS DISCUSSION ITEMS 1 COORDINATORS OF THE ARTS----2. CONSTRUCTION OF VELODROME-- 3, ESTABLISHMENT OF COMMUNICATIONS OFFICES AT CITY HALL: SPECIAL CITY COMM. MEETING-OCT. 27, 1976: SPECIAL COMMISSION MEETING-NOV. 17, 1976: CHANGE MEETING DATE -FROM Nov. 25, to Nov. 18,1976 EMERGENCY ORD-DELETE $10,000. TO HISPANIC COMM. PROJ. AND INCREASE APPRO. TO LITTLE HABANA ACTIVITIES CENTER -HOT MEALS AND DOWNPAYMENT MOTOR VEHICLE BUREAU FOR TRANSPORTATION FOR HANDICAPPED PERSONS: 91 92--1 00 118 118--133 M-76-851 133--135 M-76-852 135--141 M-76-853 141--142 142--1'3 R-76-854 144 R-76-855 144 R-76-856 145 Ord. 8576 L45--146 MUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * * * On the 23 day of September, 1976 ,the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 8:20 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner J. . Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre Joseph R. Grassie, City Manager A. P. Crouch, Assistant City Manager Ralph G. Ongie, City Clerk An invocation was delivered by Rti-erend 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. A motion to waive the reading of the Minutes of the previous meeting was passed and adopted by a unanimous vote of the Commission. 1, EMERGENCY ORD. - An ORD, No.87O7 - DELETE $10,000 APPROPRIATION TO HISPANIC Cor�r�l,, S CENTERTBANI 6 j ¶ (E- HU I M„i LS I VXNNJO AM -L$5, l'„jjDO�ABANA PCTIVIAYMENT . TMOTOR VEHICLE By TO BE USED FOR TRANSPORTA�T''I11O�'NN OF HANDICAPPED PERSONS, Mayor Ferre:In regards to the memo in the book signed by R.W. Parkins,as you may recall we set up a $10,000. budget to give to the United Way so that they would match us, and we would jointly start a community affairs office for the Latin community. The United Way came back to me and said they would rather the autonomy for a year and get going on this by themselves. They would kind of structure it for a while and they'd come back this year and tell us what they thought. They haven't done that but in the meantime the $10,000. hasn't been used. Therefore, came to see me at one time and said he thought he could use the third, waiting for the third one of these vans they are using. By the way, Rob, could you join us for a second in this? Mr. Parkins, ----I just asked him about that and how they were doing and he told me that with two buses they service 3,000 a month. Mrs. Gordon: He is doing a good job. I have heard it from the community. Mayor Ferre: Listen to this, Metropolitan Dade County with 15 units is doing the same thing. heard Mrs. Gordon: I haveAgood things from people in the community and not knowing I was acquainted with the program. Mr. Plummer: Let me ask a question, for clarification, since you are moving Rose. Are you moving for the bus. Mrs. Gordon: Yes. 1 rr- r Mr, PlumMet: This metro is broken down into to two parts. One for the bus* and $6900. to continue the hot meal program. I don't think we can allocate funds we don't have. We have the $10,000. which we can, for the bus. Mayor Ferre: How much does the bus cost? Mr. Plummer: Obviously, $10,000. Mr. Parkins: No, it was about $7500. and $1500. for the wheelchair lift. Mayor Ferre: You need a wheel chair lift? Mrs. Gordon: Yes. They need a special van that lifts a person sitting in the chair, up into the van, without removing them from the chair. I want to ask a technical question. When this kind of vehicle is purchased, it is purchased by the city and lent to the organization. Title of it remains in the City. Mr. Plummer: Who insures that van? Mr. Parkins: The agency actually covers the van with insurance. Mr. Plummer: From what we know about auto insurance today, a thousand dollars left over isn't going to cover it. Mayor Ferre: Let's start with basics. Rob, are they doinga good job? Mr. Parkins: Yes, sir, they are. Mayor Ferre:Are you satisfied with that? Mr. Parkins: I am. Mayor Ferre: Do you feel they need a third bus? Mr. Parkins: I have to take somewhat the position, if we are comparing two needs, comparing the need of a hot meals program, at least finishing out this period, with starting with a new bus. It becomes very difficult for me to ignore the need of the Mayor Ferre: I realize that, but let me ask you the next question. We passed as I recall, we gave them $160,000. for hot meals and Metropolitan Dade County and the United Way matched something like that. They have a budget of close to $400,000. as I recall. Mr. Parkins: That is correct. Mayor Ferre: The program is over October 1st, is the budget year. Mr. Parkins: Yes. Mayor Ferre: They say they have run out of money. I heard about it on a Thursday and they told me that on Monday they could not serve anymore hot meals. I ask you this simple question. I understand somebody running out of money and saying, hey, the way we project it, by 3 weeks from now, we are out of money. But for somebody to call on Thursday to say that on Monday they won't have enough money to serve hot meals, Mrs. Gordon: That is poor management,somewhere. Mayor Ferre: We have to ask Raphael some questions. Mr. Parkins: Yes, I agree. Rev. Gibson: I am for both items. Since we are not the people who look into the details, it would appear to me the manager ought to be charged with the responsibility , Mr. Plummer: He has, Father, here is the memo. i SEP ;r kev. Gibson: Okay. Mr. Manager, --- Mt. Grassie: You are asking for a recommendation? Rev.Gibson: You hear what is being said. Let me say this. If I am hungry, and you get me a chair, a wheel chair, ---in my business, we feed the hungry first. Then the chair comes next. Maybe Twill get you there, if I have to lift you up. Mayor Ferre: I agree with that Father. Let me tell you what my problem is on it, and I am not taking sides on it at this point. I am just making a statement that concerns me. There is no question that feed people takes precedence over anything else. These people have a budget of over $400,000. I am not questioning whether or not, the thing that bothers me, and I am not making any accusations because I haven't had the chance to talk to Raphael Villaverde yet. It seems to me kind of strange, that the word got we had an extra $10,000. and 3 days later they had a crisis? We happen to have $10,000. so they need $6900. Mr. Grassie: I think Mr. Mayor we have to admit something that 1 think Mr Parkins hasn't said yet, and that is the City staff person was notified of this 3 weeks ago. Mayor Ferre: What? Mr. Grassie:--and he put the notification in the file. That is an error on his part. Mr. Plummer: You are speaking he notified us of the problem of the food? Mr. Grassie: The program notified the City of their up -coming budget crunch. Mayor Ferre: I have one last question to you Joe and that is this. We are suppose to pay one-third of that. I want ,o know whether Metropolitan Dade County and the United Way, have they been asked for some money for the crisis, or is it always the City that has to end up paying? Mr. Grassie: I asked the staff that, and what was the answer? Mr. Parkins: We were advised they were unable to get money from any other organization at the present time. Mr. Plummer: Let me make another point Mr. Mayor. You are also looking as far as I am concerned to October 1 hopefully, even we know we are not going to make it, the budget being finished by then. It is going to take how long to get this bus? Three weeks? Iwould assume it would take that long. Unidentified person: A week. Mr. Plummer: So you don't get it for two weeks, when they get it with a lift and everything. As far as one commissioner, I want to vote the $10,000. right now for the food. I will make a commitment which I don't like to do, but I will, to let him order the bus, and guarantee the funds will be in there for that bus in the revenue sharing. Mrs. Gordon: I am reading the memorandum, I would like to repeat what I am reading, and it says the recommendation is for $6,900. of the $10,000. be reapportioned for the food program. That isn't the whole 10, J.L. Mayor Ferre: May I recommend a solution for this? I think there is no question, assuming that the crisis is there, and you checked it out, and they are out of money, I think we have to go feed them. There is no question about it, even if they made a mistake. Rose made a very wise observation. She said the difference between the City and the County, is that they are tough and efficient and we let everybody get away with a lot of things. Immediately I thought of my little daughter. My wife really gave me a hard time last week. She said you are really spoiling that child. Well, I am, she is my last child,and I let her do anything she wants. The mother is right, and that is a problem. The thing that worries me is that I am beginning to see the effects of that in her school work. With children and people, you have to be a little bit more disciplined. It is hard to do, but you are doing them a favor. I rI AM just questioning whether or not with a program like this, why do they always cote to the City of Miami? You know why, because we always say yes, and Metro says no. Somewhere, someplace, we are going to have to toughen up a little bit and get a little discipline around here and if a person comes and gets a $160,000. and you say,'you are sure that is what you need?', you got to live with that, and not come here and say the poor people are not going to eat on Monday. Obviously, how do I react? Just like you. So they don't get $160,000. The way it turns out they got $170,000. see? The question is, was it premeditated, did they know? Rev. Gibson: Mr. Mayor we are going to get the chair? Is that right? Mr. Grassie: You haven't given us those instructions yet. Mayor Ferre: This is what I want to recommend. I got sidetracked here. Here is my recommendation. I recommend we give the $6900. to the Little Havana, ----I think we ought to authorize the purchase of the chairlift, third I think we ought to go on record instructing the Manager that whatever is left of this money, and what money you can come up with, I think the service has proven itself, it is efficient, and we ought to fund it for the next unit. Mrs. Gordon: J.L. you could include in that that the $3100. be deposit for the bus. Mr. Plummer: I said that 15 minutes ago. The motion is very simple, that the $10,000. $6900. be delegated to the feeding of the people, and the $3100. be used as a downpayment on the bus which will be ordered and paid for out of the regular budget of '76-77, the remaining balance of the cost. I offer that in a motion. Mayor Ferre: The motion covers all three things? The food, the lift and the truck. Mr. Plummer: The lift and truck arc one. Mayor Ferre: Let me tell you why they are not one, becuase they can buy the lift and put it on the second truck before you buy the 3rd. Mr. Plummer: It was a truck with a lift is what I understood. Mayor Ferre: I think he had rather get the lift right away and then maybe he might have to wait a month or two for the truck. Mr. Plummer: Fine. I give you that latitute. Mr. Grassie: Just for clarification. I hope we don't encourage people to order anything that is going to be paid for with City money until they have some kind of agreement with the City, just for their protection. Mayor Ferre: Are you talking about him? Mr. Grassie: Yes. I am saying it so he understands it,that he not place an order until he has an agreement with the city. You are indicating your intent, but we have to have an agreement. The above motion was passed and adopted by a unanimous vote of the commission and designated Motion No. 76-813. (See adoption of Ordinance No. 8576, adopted lated in the meeting.) 2. Booz, ALLEN y HAM I LTON MANAGEMENT SYSTEMS - PPRR� I ED P N I NG DEPARTMENT RE - Mr. Grassie: We have members of the firm of Booz,Allen and Hamilton here Mr. Mayor. They are making a report to the City Commission on their current work. We have asked them to make their recommendations directly to you, and provide time for you to react to them and give whatever guidance and input you would like. I believe you all know Mr. Stu Matlins of Booz Allen. He is going to start with the report. Mr. Stuart Matlins: Mr. Mayor and members of the commission, we are pleased to be here again and to have the opportunity this time to talk to you about our findings 4 StP City's future and its present. Looking at the chart, going down that central line, we ran see that the Planning Department is divided into three units with a capital improvement program, schedule for October 1, and you indicated that with the slightly thinner line. Then this is a planned unit, that is provided for in the budget next year. The existing units are administration, advance planning and current planning. The administration unit is responsible for preparing and admi.nisterina the department budget and providing graphic and secretarial support services. The major tasks of the current planning unit are to guide current development and redevelopment to carry out the compre- hensive plan and zoning ordinance, and interpret land use controls to private developers, and various public agencies. The major tasks of the advance planning unit are to prepare and maintain the comprehensive plan of the City of Miami, to guide the future development and redevelopment of the City. As I mentioned to you the capital improvements unit is scheduled for creation in October and the proposed objectives of this unit are to provide the City Cam - mission with policy recommendations on current and future expenditures for capital improvements, and to provide a mechanism for determining expenditures of funds for capital improvements and to identify the operational cost of the proposed improvements. That as background, let's take a look at the major areas in which we found that same change is desirable. in looking at the Community unity Development Division as a whole we found that responsibility in the Community Development Division for city development activities is fragmented and in one rase up to now has been unfulfilled. The Division is responsible for carrying out a number of varied but yet quite inter -related city development activities. These include capital improvement programming, cxxr uuiity development block grant which will refer to from now on as C.D.B.G. activities, social development projects such as Watson Island and the convention center and participation in housing bond issue activities and other economic development activities. on seine work we conducted aimed at strengthening the management organization stucture of the Planning Department. The work on the study was conducted with the assistance of a grant awarded to the City by the U.S. Department of Housing and Urban Development. The study was conducted as part of the City's effort to strengthen city development policy planning and management capability in the Community Development division, by identifying opportunities to improve the Planning Department's management organization and systems. Tb assist it in successfully meeting this management improvement Objective, the city engaged Booz Allen to identify opportunities to improve the Planning Department and management organization structure, to identify opportunities to improve the Planning Department's management systems, and to develop a management action plan for carrying out these recommendations. Now we didn't do this all by ourselves. Under the Booz Allen direction, the task was performed by a joint Booz Allen -City of Miami team, that included Wayne Lansford, sitting in the brown suit in the back row there, shaking his head, and Wayne is a fuL_.-time city analyst and he participated fully in all of the work and did much of the data collection and sane of the very important analytical activities. This was done as part of our continuing effort to help the city build it own internal analyitical capability so there is something left after the Booz Allen work is over. The team's work proceed in two major steps, interviewing administrators and supervisory personnel and staff in the Planning Department and the office of the Assistant City Manage for Community Development, as well as the directors of other departments within the Community Development Division, and in addition we conducted methods improvement analyses of major planning department management systems and procedures. Today we are going to cover for you opportunities for impoovement in the Planning Department's management organization and provide reoarrmendations for strengthening the orcanization's structure. This will in turn provide a context for our reoarm ndation_-> or the Planning Department's management systems. These recommendations will be presented separately to the Planning Department as they get into a kind of detail that I think the Commission would be bored with. In this presentation I will then describe for you the existing management organization structure of the Planning DepLartrcnt and '.he major opportunities for improvement in that structure and cur recommendations for doing something about those opportunities. I would like to put up the first slide. As you know the Planning Department is part of the City's Carurn.rnity Development Division which is headed by the Assistant City Manager for Community Developa nt, Mr. Crurrtptxi. The Division includes the office of the Assistant City Manager for Community Development, the Planning Department, (on the right) and left, the Department of Administration of the Planning and Zoning Boards. The Community Development services division was formed in 1975 under the direction of the Assistant Manager, it was intended to provide centralized coordinated direction for development of the City of Miami that is so vitally important to the In looking at the Planning Department, we found that it had not met its responsibility for capital improvement programs. This was no surprise to no one in the Planning Department or the City government, because the Planning Department had identified this itself, preparing its budget for next year and had already provided for it, as I discussed earlier. We also found that an elaborate coordination mechanism which has been developed within the division has not resolved problems resulting from fragmentation of responsibilities, for carrying out community development activities. The Planning Department and the Community Development unit which reports to the Assistant City Manager directly and is within his office, both carry out C.D.B.G. activities. While a coordinantion mechanism has been developed there is an opportunity for improvement in that coordination. Project managers who as you can see report directly to the Assistant City Manager are responsible for special development projects which we determine could be better coordinanted with other departmental activities. The Community Development Division's current organization structure separates as you can see responsibilities for economic development activities and the City's participation in housing bond issue activities on the one hand, from the technical capacities needed to meet these responsibilities on the other. This structural problem and inadequacy of mechanisms used to coordinate the efforts of the Planning Department and the Community Development staff on C.D.B.G. activities, provides an opportunity to strengthen the department's structure. At the same time we also found that the Planning Department conducts some activities which are only marginally related to its responsibility. As we just discussed, fragmentation of responsibility within the division for important develop- ment opportunities provides an opportunity to strengthen the structure. Current use of the Planning Department's limited staff resources, on some activities which are related only marginally to its responsibility provides an additional opportunity. ULL The department's current planning unit, which is over the bottom on the left, is responsible for services to the City's zoning board, including preparation and recommendations in response to citizen applications. This unit is also currently conducting a number of time consuming record -keeping and inspection functions which are peripheral to its responsibilities. For example, preparing the agenda and minutes for the Plat and Street Committee, maintaining plat and subdivision records, verifying plat status, maintaining and updating records of zoning ordinances and zoning atlases. Another example might be verifying fulfillment of final plat landscaping requirements. The Planning Department's conduct of these activities results in duplication of some records, unnecessary administrative complexity for property owners and developers involved in the city's plat approval process, and at times ineffective and inefficient use of department resources. Opportunities to improve the divisions of the department's organization structure involved more than the previously discussed fragmentation and misallocation of some responsibilities among organizational units.The inadequate assignment of management responsibility within the Planning Department for preparing special studies many 0110 of which emanate directly from the commission, and information currently results in inefficiencies in the department's utilization of limited staff resources. We also found that the Planning Department does not maintain routinely planning information needed for ongoing division and city-wide activities. The department has no systematic approach at this point to identify data needs and sources, gathering selected data and storing data for ready retrieval by for different purposes. The department does not gather and maintain appropriate planning information primarily because the assignment of responsibility for collecting and maintaining this information has not been clearly made. And the city conduct of activity such as the ones we have specified earlier can be strengthened by changing some of the allocation of responsibilities within this structure and by changing the structure itself. The City adoption of a master plan provides a unique opportunity t() take a look at this and strengthen the structure. As you know the Comprehensive Neighborhood Master Plan currently is being prepared for city review, adoption and implementation. This plan will reflect a lengthy and wide-ranging planning effort which har. causod many people within the planning department, within the community development division to think themselves about this entire structure and how it has been working. Adoption . of the Master Plan therefore gives us an opportunity to make some changes, because assembly of data by Wallace, McHarg Roberts and Todd and the Planning Department for the Comprehensive Neighborhood Development Plan for example provides a basis will for improving the department's management of planning information. The Plat establish city-wide and neighborhood objectives. Achieving these objectives will require coordination of varied, but inter- related development activities and only serve to exacerbate the kinds of problems that now exist. (I wonder if I can take a glass of water?) Rev. Gibson: You mean to tell me wer,work on you that badly? Mayor Ferre: While you are drinking water, I would like to take the opportunity, we have a tradition here on the City Commission,to always introduce elected officials and those who are aspiring, and we are honored today with the presence of Bill Sadowsky. Bill, will you stand up and be recognized? Bill was running for the House of Representatives seat NO. 113. Good to have you here. Mr. Matlins: Given these opportunities for improvement, we have recommended a number of changes in organization structure. What we have set out, is what we see as the ultimate goal. There may well be intermediate steps that the city goes through in moving toward this goal, but what we tried to give you is the final plat. The organization structure of the Planning Department and the Community Development Division should be thought of as providing a framework for conducting daily operations. WE all know that the best designed organization structure isn't going to help people who can't do their jobs, to do their jobs. The worst organi- zation structure isn't going to prevent good people from doing their jobs. The way we have tried to approach this, is to recognize the strengths of the people working here in the City of Mlami, and to develop the structure, that will just keep out of their way, and let them do their jobs in the fine way they can, and in moving to toward meeting stated goals and objectives and in planning, directing and evaluating division and department operations efficiently and effectively. What we recommend is consolidation of currently fragmented responsibilities with city development activities in a new Planning Department unit, reassignment to other units of activities only marginally related to the Planning Department's missions, in order to focus the department more sharply on its unique responsibilitie, creations of a new Planning Department units that is responsible for conducting special studies and maintaining planning information and creation of a new unit responsible for an urban design program. I would like to put up a second chart which lays out the structure as we recommend it be ultimately and take you through details of this. We talked about responsibilities being fragmented and to consolidate responsibilities which are currently fragmented for development activities, we recommend that a new Planning Department unit which we have called here the development division, be established. By putting the development unit there, this will create a Planning Department structure that incorporates long range and short range planning functions, as well as management of implementation activities. I want to repeat that, management of imple- mentation activities which are now separated out from the Planning Department, so that these two things are tied together to achieve planning objectives. As a result the assistant city manager, the top, or middle actually, will be able to consentrate on overall division management, working with the City Manager, the Commission and other top managers on policy and program issues, that will affect long range community development. The new unit should be responsible for capital improvement, the unit that was planned would be absorbed within it, community and economic development programming, special development projects and city participation and housing bond issue activities. We also mention that the department is carrying out activities which are only marginally related to its responsibilities. We suggest that those be reassigned to other departments because the Planning Department should apply its limited resources to its current and expanded responsibilities for planning and development now, activities, directed at achieving city objectives. The product of this will be a more efficient use of division personnel and avoidance of unnecessary administrative complexity for property owners and particularly for developers. I am sure the commission is more than familiar with developer reaction to any unnecessary complexity in their process and the effect this has. I would like to move to a third chart which will list for you, the functions that we recommend be transferred out of the Planning Department to other units. The department of administration, planning and zoning boards should be responsible for record keeping functions currently carried out by the Planning Department. These record keeping functions include preparing the agenda and minutes of the plat and street committee, as these activities fall within the department of administration's basic responsibility for providing administrative services to the board, maintaining plat and subdivision records which are currently maintained by the Planning Department's current planning unit, verifying tentative plats status for building department's staff and maintaining and updating records of zoning ordinances and the zoning atlas. The building department should be given responsibility for verifying, fulfillment of final plat landscaping requirements. It should provide verification, that landscaping requirements have been fulfilled prior to the issuance, via a certificate of occupancy. The building department's staff are currently responsible for conducting other pre -issuance inspections and should be equipped to conduct landscaping inspections as well. By doing this what you will have is a simplification of the inspection process or reducing the number of departments that are involved in it. In order to imple- ment this recommendation effectively the Planning Department will of course have to provide guideline and training. The building department staff is appropriate but once that is done it can continue on within the Building Department. Let's come back to the 2nd chart and look at the structure again. We mention that there is a need to improve the management of special studies activities and of planning information. To do that we suggest that a new unit be made responsible for conducting special studies and maintaining planning information. It should do both the developing and maintaining of information and the handling of information inquiries. That means it will be accountable for identifying data needs and sources, gathering selected data and storing data for ready retrieval by varied users for a variety of purposes, so that there is continuity from one request to another. Before doing this, however, and before establishing the unit, that is why we have drawn it in again in a slightly lighter line, have listed that as kind of a phase II of this organization change, there should be an evaluation of alternative planning information systems. I don't know how familiar members of the commission may be with these systems, but they can range basic manual systems to tremendously complex computer based operations. This evaluation should include consideration of phase development of an automated land based system, following initial installation of a modest manual system. The most important thing is that the system be tailored to the city's needs and that it be designed with that unique city requirement in mind, and be installed with that in mind. Of course taking into account the other computer activities that are going on within the city. The unit should also be responsible for conducting special studies. These things are being done now, but they are not being done in a systematic way, centralized in one part of the Planning Department. And so this unit should be assigned responsibil , for doing that and for handling special information inquiries. This should result in establishing clear and ongoing accountability for these studies, and avoiding disruptior of work conducted by staff in other divisions, developing staff skills and data for ongoing use in handling special studies. That doesn't mean that these special studies people are going to be the only ones who are involved. They will have the primary responsiblity. They may have to draw other people within the division, or department. In summary, as we look at that chart, we can see that our structured planning department would have 5 units responsible for department administration, current planning, advance planning, development activities and planning information and special studies. The units responsible for development activities and planning information and special studies would be new units.We recommend term creation of the unit responsible for development activities. The unit responsible for planning information and special studies should be created after the city's evaluation of the information system alternatives. We go back to Chart 1 for a moment, and see that the activities now conducted within the Assistant City Manager's office would be moved if we go back to chart 2 to be within the Planning Department. Other activities will be transferred among 04/ the units of the Planning Department, as laid out on the 3rd chart. The other unit that will be new is the urban design program. This is a very important activity that the City is not now carrying out. In order to establish design standards and land use and development rules and regulations, that will stimulate and guide develop- ment which is consistent with city development objectives, an urban design programs should be created. In this sense development objectives includes the physical and the economic considerations as well as the quality of life considerations. WE talked about the City's comprehensive neighborhood master plan and that has been prepared. Its adoption will establish city-wide and area development objectives. The plan should provide a basis, not a substitute for action, and the urban design program is a needed first step toward implementing master plan recommendations. This isn't just ecomonic, it is also quality of life, in achieving the City's quality of life objectives requires city development guidance to assure appropriate urban design. For example, guidance is needed to assure that tree planting programs are used appropriately, and appropriately defines say in terms of giving identity and beauty to residential areas, differentiating the street system, providing shade and another might be to buffer impacts from expressways and transit routes. This isn't going to happen itself. It is only going to happen within a framework of guidelines that the city establishes. We looked as you know at many of the cities. Too often in the past other have limited their opportunities to fulfil their best development intentions by failing to establish design standards that, ----account to the relationship of manmade development and natural city features and the way that encourages suitable development, not just buildings, but suitable development. Citys also often to fail to tailor city land use and development regulations and techniques to serve development objectives. We talk about an urban design program, ---what do we mean? It is combinatio of rules regulations and techniques which should be based on community designed SEP principles and may include zoning subdivision regulations,special zoning permits special development districts, planned area developments, transfer of development rights or planned unit developments. The failure to link regulations and techniques to objectives, typically results in frustrating builders, frustrating developers, and as a result frustrating city leaders of the community itself. The urban design program provides an opportunity to avoid this problem. Its is a program with specific limited objectives. It should result in city land use and development rules and regulations and techniques, that foster rather than inhibit,builder-developer-design and construction decisions that lead to achievement of city objectives in its neighborhoods and planning districts. The program should include and assessment of how existing rules and regulations have affected existing urban design and development on the city neighborhood or planning districts and I know that two members of the commission are involved in the development of the city and I am sure I am touching some nerves and reminding them of problems they may have experienced, and evaluation of the influence these rules and regulations are likely to have on future design or development if they remain unchanged and the design of appropriate modifications and new measures that should be adopted to increase the prospects of achieving city-wide and neighborhood planning district urban design and development objectives. As a result of these changes, the role of the Planning Department's Director is going to change. He will now be required to manage the planning and development activities. Under the existing structure, he is responsible to the Assistant City Manager for community developments essential solely for planning activities. As a result of the reorganization the director will be responsible for development activities, that should be cost-effectively carried out to achieve city goals and objectives now that these are going to be defied. Specifically the director will be responsible for implementation of the comprehensive neighborhood development plan, on -going advance and current planning activities, and effectively integrated management of capital improvement programming, C.D.B.G. activities, special development projects and other economic development activities. We think that these recommendations which are not major, but mainly fine-tuning will strengthen the city's planning and development activities and help to encourage the growth of Miami's economy and its development, not only as a health-, economy but it a pleasant -living environment, which is a vital issue that has to be considered with the economic development as well. That is the end of our story for today, and I will be happy to answer any questions you might have. Mayor Ferre: Is there any questions of Mr. Matlins? Mr. Grassie do you want to add anything to it? 4` Mr. Grassie: Only Mr. Mayor that if this meets with your approval in principle, we will incorporate it in the budget discussions when you get to the Planning Department. Mayor Ferre: I assume you recommend this? Mr. Grassie: Yes. Mayor Ferre: I assume that you are also going to provide to the Commission the cost of the implementation. Mr. Grassie: That is correct. If you agree with it in principle we will incorporate the cost in the budget discussion when you come to the Planning Dept. Mayor Ferre: Do you need a motion on this. Mayor Ferre: I assume this meets with your complete approval Mr. Crompton. You have been a part of all of this. Mr. Grassie: Aside from the urban design which amounts to an annual cost of about $30,000. what other new costs are implied in this program? Mr. Crumpton: With the planning information, and special service studies, and department of development, somewhere in the neighborhood of 30 to 35 thousand dollars. Mayor Ferre: Does this plan meet with your approval? Mr.Crumpton: Yes, sir, the concepts of it, Mayor Ferre: You feel this is a step forward and you agree with out consultants on this? Mr. Crumpton: Yes, sir. Mayor Ferre: Any further questions on this matter? Mr. Plummer: What is the administration under the Planning Department direction? Mr. Crumpton: That is where it is now sir. Mayor Ferre: That is what the guy has been explaining for 20 minutes. Mr. Plummer: I want it more clearly defined. Mr. Matlins: Mr. Plummer that is secretarial support services and the graphics unit for the Planning Department. That is the unit that exists now and it would be unchanged in the new structure. Mayor Ferre: Any other questions? If not, is there a motion? The following motion was introduced by Commissioner Reboso who moved its adoption: MOTION NO. 76-814 A MOTION ACCEPTING IN PRINCIPLE RECOMMENDATIONS MADE BY BOOZ ALLEN AND HAMILTON, MANAGEMENT SYSTEMS IN REGARD TO IMPROVEMENTS TO THE PLANNING DEPARTMENT ORGANIZATION Upon being seconded by Commissioner Plummer, 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 Mayor Maurice A. Ferre NOES: None. 3, LATIN AMERICAN TRADE EXPOSITION - TECHNICAL SERVICES, Mr. Grassie: We can take up item 6. The individuals in question are here. You know Mr. Mayor that there has been a good deal of discussion as to whether or not the city was taking any steps forward on the question of attempting to get an 0 AS trade center for Miami. One of the first steps the city is taking, and in our estimation leading to that end, is a question of working with C.I.P.E to get them to participate more fully with Miami and be more active in conducting some of their activities in this city. I would like to have Mr. Crumpton address this question,then we have a recommendation for you with regard to some staffing to make sure Miami moves forward in this area. Mr. Crumpton: Mr. Mayor and Commissioners, the development of Latin American capabilities, by the city, economic development activities is vital to the com- munity. Over the past, ---later part of last year, when we began reviewing the matter for a Latin American Trade Exposition, and on these journeys down into Venezuela and Columbia. In December we talked with a number of people there including the acting Director of C.I.P.E. who was in Bogota at the time. We have come a distance since that time. I have had many conferences with the O.A.S. office and C.I.P.E. office in Washington, and also with the new executive director Mr. Roca who is now the permanent director of C.I.P.E. We have been working with the State of Florida department of Commerce, both the local office and the Tallahassee office so that this project of the Latin American Trade Exposition will be larger than the city itself, and needs the participation of the State and also involve the U.S. State Department of Commerce in its matters. I have talked with a number of people in attempting to get some technical services. Mr. Ley in particular has been involved in a number of matters in this community. The most notable one was the International Latin American Bankers Association, --a conference that was held just a few months ago, which was received fantastically so by all the financial interest and others in the community, so Mr. Ley we feel is highly qualified in working with us to set up these kinds of matters 1�' working with C.I.P.E., working with O.A.S. and moving towards the creation of other offices and from various international organisms involved in foreign trade in Latin American. I present to you this particular matter for your condideration and action. Mr. Plummer: Is this with your recommendation? Mr. Crumpton:Yes, it does. Mr. Grassie: Would you make clear what is requested of the City Commission in terms of budget, both city budget and budget to come from other sources. I thick it might be well if we could refer Mr. Mayor and members of the Commission to th 5th page in the material covered by Mr. Ley's letterhead. On that 5th page he has a budget,(Charlie why don't you comment to that), ---- Mayor Ferre: $57,000.00, Mr. Crumpton: ON the 5th page, you will see that this is an administrative budget and coming from various sources , from the City of Miami and keep in mind that this is over at least a 15 month period,----$57,500.00 from the City, $35,010. from Dade County, $40,000. from the state of Florida, $57,500. from O.A.S. and C,C.P.E and $57,500. from various financial and business institutions in the community.This would be the total budget to be put together. Here we see the potentialities of the Latin American Trade Exposition as being the bi-annual affair. Mayor Ferre: Bi-annual affair? Mr. Crumpton:---bi-annual affair. Mr. Grassie: I think it needs to be made clear that the only sure money would be the city appropriation. It would be the responsibility of Mr. Ley to raise the rest of the money, and the City does not have commitments from any of these organizations at this time for the rest of the money. Mr. Plummer: My question then has to be this. What position is the City in if he does not raise the other money? Am I to understand that before the City would expend dollars, the other money would have to be guarantees first. Mr. Grassie: I don't believe so Commissioner, not practically because there would have to be some expenditure for Mr. Ley's effort in the short run. I think one of the things that you are facing is running the risk that he may be unsuccessful. I think that is one of the judgements he has to make now. Mayor Ferre: May I make my little speech? I am sorry, I know this is going t) it offend the sensibilities of some people in this community, starting with the Miami Herald and the Miami News too for that matter. I will speak right to it. Now, in Atlanta Georgia, there is a newspaper called the Constitution, the Atlanta Constitution. In Atlanta Georgia there is a firm called Coca-Cola. Let me tell you that Coca-Cola and the coalition of the Chamber of Commerce in Atlanta, the business community and the leading newspaper, are doing everything within their power to get the O.A.S. Coca-Cola has, as I understand set a budget up of several hundred thousald dollars, just to do this. They get front page publicity in the news- paper, they brought, dined, and wined the people from Washington, they are bringitg them from all over the place, Ambassador John Robert Hovas, our U.S. Ambassador to Mexico who has just resigned last week, and now is going to Washington, his brother lives in Atlanta, has a shopping center, and an office center, he has made the space available, there are all kinds of letters gone out, they have a whole committee aid Iam talking about the president of Souther Bell, the president of the power compaly, the people of Coca-Cola, the Delta people, the whole thing. Now, in contras' to teat, I have to get a letter which I give to Dan Paul, who was sitting here at th- last meeting, and Dan Paul went over and talked to Fred Sherman, we ended up get'ing a, editorial in the Miami Herald. writes a story completely inf,,rmed which I am answering today, saying we haven't been doing anything, doesn't now what he is talking about. In the meantime, besides that criticism, there hasn't been any possitive follow-up. I don't see the Chamber of Commerce in this thing, I don't see Southern Bell, I don't see Florida Power and Light, I don't see Eastern Airlines, --I don't see anybody doing anything, except the City of Miami. Actually once we get this whole thing to headlines, is 'Metro does something or other', like that people mover deal. We put the whole thing together and in the front page of the local section, 'Metro moves ahead on people mover.' I don't care because at this stage of the game it doesn't make any difference. I tell it like it is, the way I see it anyway. 1I Mayor Ferre: J.L., we are not going to get any help from the Miami Herald. We never do, and we never will,as far as I am concerned, as long we have the type of people there that react to the City of Miami the way they do. I will say it publicly. openly, every time, over and over again. The Chamber of Commerce has their own problems and the fact of the matter is, that we have token help from the Chamber, I don't see that we have gotten any substnatial help. The fact is we don't have any Coca -cola in this community, and the utilities and the airlines and the other people, are busy meeting in Boca Raton talking about the future of the Chamber of Commerce instead of cooperating and doing the type of things we need here. I will say it just the way I see it. And we are out alone as we have been in other cases. I hope we can get Metro- politan Dade County to go along with us. I hope we can get some help from the Char;ber and from the media around here, but I am not going to sit around holding my breatL. My recommendation is, we have done the work, we have got it halfway there, let's just go ahead and do it. It is just like the housing bond program. You know how much help we got. WE got negative editorial from the Herald. The Miami News did back us up on a positive basis. We got a little help from the Chamber of Commerce with Lester Freeman coming once in a while, and that is it. I'll tell you, as far as I am concerned, if we sit around waiting for others to come and chip in and help us, this is not Atlanta, unfortunately in that sense. We just don't have that kind of community support. Mr. Plummer: Mr. Mayor let me make a few comments, because really you are talking to the wrong person. You should talk to the other commissioners. Mayor Ferre: Well, you want to ask the question. Mr. Plummer: I ask the question yes, but 1 think it is a question that has to be asked because without the others, let's admit the truth, this will never be a go. A fourth of a budget just doesn't carry a budget. It has to be a total budget and I don't want to see the City of Miami $57,000. dissipated, hopefully and in anticipation that we might get it, because without it we are not going to be a winner. Mayor Ferre: J. L. you never are going to find out whether you are going to be a bride or groom until you get up there. Mr. Plummer: But Mr. Mayor you don't go taking off in the ocean in a quarter of a boat. You either have the whole boat or you don't leave port. Mayor Ferre: What I am trying to tell you is, that if you don't even have a boat now, and what we are trying to do is put together the boat. Somebody has to start somewhere and I am telling you that it should be somebody like Coca-Cola and the Atlanta Constitution and the Chamber of Commerce. But it hasn't happened. So therefore we have to step in where the vacuum exists. The vacuum exists and we have to go after this thing, and I think we have a moral responsibility to try. • How much money is he asking for? Mr. Plummer: $57,500., Mayor Ferre: No, no, ----today. Mr. Plummer:$57,500. Mayor Ferre: Is that what you are committing today? Mr. Crumpton: Yes, sir. Mr. Plummer: That is a quarter of the budget. Mr. Crumpton: Let me interject, Mr. Mayor. If you look on page 2, the second paragraph, I think it will give answer to your question, Mr. Plummer. And in case the project is not approved by C.I.P.E. which we will know the first part of November, on in that, no funds are coming available which we will know in a very short period of time. Mayor Ferre: How much money Charlie do we have to spend to find out whether we have a boat or not. Mr. Crumpton: I don't know sir. 1J1 Mt. Plummer: Ask the man there. What I have been trying to bring out, has the city got to give you as a contract $5,000. for you to try to put this package together? What is it going to take to find out whether or not the boat is going to float? Mr. Ley: Okay, Mr. Plummer. The reason, the second paragraph, of page 2, I think is covering the City of Miami one -hundred percent, the city of Miami is not, for $57,500. We will by the November, by the time of the Board of Directors,----C.I.P.E. will be heard here in Miami. We will know exactly if we have the cooperation of Dade County, of Florida, the $57,500. going for C.I.P.E. and we will have the answer for that. Of course, according with the Manager, I think we will be working that, and the Manager will be responsible in the way that we are going to have much money we are going to spend from here to November, (Inaudible) ---- Mayor Ferre: They are asking a specific question, I think Plummier is absolutely correct. How much specifically, or within 10% do you think you have to spend between now and November to get an answer? Mr. Ley: Well, I would say, we can about, no less than 10%. Mr. Plummer: I have no disagreement with that. You know it Mr. Mayor but maybe the others don't, you are talking about a world trade fair which I saw in Bogota this year and it was a pleasure to represent this commission in its opening, that drew 2.2 million people from all over Latin America, who paid an admission charge in a country that has hard times, of almost $2.00 American dollars, and still drew 2.2 million people. It is unbelievable. Mrs. Gordon: .J.L., I was in San Diego as you know, on the Conference of Mayors where the concern is to stimulate the private economy, take the burden off the federal government. So I am for this. I want to stimulate the private economy. Mr. Plummer: Mr. Mayor let me tell you what I am ready to do. And I will make you a motion if you wish. That the city in principle be obligated for our one - quarter of $57,500. that we delegate for up -front money to put the package together a sum not to exceed $10,000., that at such time Mr. Ley has the package put together, that he come back before this commission for final approval for the expenditure of the remaining assets. Mayor Ferre: There is confusion in your first statement. You said a quarter of the $57,500. Mr. Plummer: Our quater is $57,500. and I offer that in the form of a motion? The motion was passed and adopted by a unanimous vote of the commission and was designated Motion No. 76-815. (See REsolution 76-848 adopted later in the meeting.) Rev. Gibson : Mr. Mayor, let me, -----my brethren, --you who are at the mike that just got our money, ---when these organizations and conferences and institutions are coming, ---we get them here. I want everybody to hear this, ---I get real up -tight Mr. Mayor. I want you to hear this. I get real up -tight when you have these things other than in Miami. Remember that woman's thing, --we gave all our money and ended up, --the conference ended, we were the babies, and the conference ended up on Miami Beach. Mr. Manager, we don't want that. The people of Miami gave us this money we are spending. Don't let your conference come here now.And also remember, induce those people if they come, and they are going to use hotels, Mr. Mayor, that is a part of this baby. You go get all the other hotels, and the people who are paying these taxes don't get a doggone thing,- -----for their money. I am sounding the warning note. From now on, they are going to have to ship -up or ship -out when you come for that money. Mayor Ferre: I am not defending Mona Lighte or Rita Johnson or any of those, but let me wake this statement out of fairness to them. They had a conference where they needed a substantial meeting room. Unfortunately we didn't have those available. By this time next year Omniis going to be open. Omni is going to have a ballroom for 3,000 people. So as of next year there won't be any excuse for anybody not to hold their meetings in Miami. SEP Rev. Gibson: I hear what you are saying, but Mr. Mayor we knew that when We put up our money. Mayor Ferre: No, we didn't. Rev. Gibson: If anybody knows how to count money, you know how to count money. And if anybody knows what you get as a result of spending money, you know. I may not know.Let's make sure that from now on when we spend this money, the people who gave us this money gets some profit from it. Mr. Crumpton: This is understood Commissioner. Also, concomitantly with that this commission must recognize that they are going to have to make themselves available when we have visiting dignataries, etc. in a part with this and have to make time available for these. Rev. Gibson: Mr. Crumpton I am not being polite, but I want to say this for the record. Just make sure that you know that there are 5 commissioners. Do I have to say anymore. Mayor Ferre: Mr. Crompton, it might be appropriate maybe to discuss a little bit, that, you know we wei•a able,(I think I have explained this before) that through a friend of mine in the State Department, I found out about this program of getting State Department people for a year or two involved in local government, and so I wrote a letter, and we got this whole thing worked out. We have a man, by the name of Allen,-- I mean Alien Rogers, who is now in the City of Miami. I would hope that one of the main things he could be of help to us on, is with such things dealing, like the O.A.S. since he is a career diplomat and has experience in that field. As you know, I have been holding back a little bit between you and I on the question of developing a trade fair. I think the time has now arrived where we can, hopefully once we get that convention center off the ground,that we should really start working now on putting together a trade center. In the two or three years that we have to wait until we get something finished, I think we ought to give serious consideration, Mr. Manager and members of the Commission to the idea of putting the permanent trade center, if we are lucky enough to get it, in Miami, in part of Dinner Rey. I think it could be done without destroying tho rest of the use of that. They only need about 20,000 sq. ft. As you know, that all they need, for the permanent exhibition. I am not talking about the trade fair. They want to create a permanent office and a permanent exhibition. They need 3,000 sq. ft. of office and 20,000 sq. ft. of exhibition space, which is not a heck of a lot. Until we get our center going in the core city, I think we ought to move ahead quickly and make that space available to them, as quick as we can. 3(A). DITCITY IMANAGESO RTOCCk, IpER FURNISHING OFFICE SPACE TO THE WARD OF rir. rlummer: Let me make another comment. 1 think this will help the consultant we just some what have hired. Mr. Mayor there is a good possibility that C.I.P.E. is going to be moving from Bogota. One of the things I talked with C.I.P.E. when I was there in Bogota at your request and that of the commission, was about the possibility of moving that office. Mayor Ferre: We got letters out on it. Mr. Plummer: Let me tell you what I think we should do here today, that we would consider, and let it be a commission policy of a office space in the Convention Center for C.I.P.E. office on a gratis basis or a cost basis. Mayor Ferre: We have already done that. Mr. Plummer: I think if it comes as a commission policy, it would give him more latitude, to swing, ---- Mayor Ferre: I want to tell you the commission has already voted as I remember to give C.I.P.E. free space in Miami and I have written a letter to Secretary Arvilla, so stating, and I can tell you the date of it, April, 1975. Mr. Plummer: I am just saying Mr. Mayor that they were very much interested in the Convention Center and they could possibly have space there. Mayor Ferre: Did you talk to Frank Stewart? Mr. P'_,inmer: I t ailkA to Fr,+nk Srpw.+rr numh.r of nr1,.r SEP 19- ') Mayor Ferre: Commissioner Plummer moves that the City Commission go on record making office space available on a free basis at the Convention Center when we have the convention center. We are going to have to look at the legals of it. Mrs. Gordon: We have to know how much space, and how much we can spare. Mr. Plummer: Presently they are using two floors, Rose, of a building which I would say, be, ---they are looking for 10 to 15 thousand square feet. Mayor Ferre: Not that much. Mr. Plummer: They have cut down. They are down now to about 22. Mrs. Gordon: I am not sure that we are not being premature on the designation of the location. Mr. Plummer: That is where they want to be. Mrs. Gordon: We don't have that many thousands of square feet available there and I think we ought to give that, -------- Mr. Plummer: If we had a definite commitment why couldn't we so structure the building now while it is in its infancy. Mayor Ferre: I think what Rose is saying is we ought to give this problem to the Manager and let them come back, with specific, Mrs. Gordon: Let's think about it, and come up with something sensible that we think we can live with. Mayor Ferre: So, Plummer's motion is this1is to be turned over to the Manager and have him come back by when, --- Mr. Plummer: As soon as possible. Mrs. Gordon: I don't understand this Committee of the Whole bit. Are we supposed to be making motions when we are acting as a Committee of a Whole? Mr. Grassie: You can do two things, Commissioner. One, you could simply indiciate your intent to me, a consensus basis, or you can make a motion as you started to do in this case. If you make a motion, the Attorney's staff is here, they are putting this in the form of a formal motion, and you will find at the back of your agenda, end of your agenda, there is a place, this afternoon for you to act formally in the commission meeting of any motion you passed this morning. Mayor Ferre: Joe, the truth of the matter really is, and this comes through a little bit of legislative experience up in Tallahassee, and you correct me if 1 am wrong, Committees of the Whole ususally are used when you have large legislative bodies, and legislation is usually broken down into small committees, whatever they may be who function. Then once in a while the House itself, or the Senate as it may be, will function as a committee of the whole in which all members of the house are members of that committee, and is used usually for discussion purposes without coming to any specific conclusion and usually used as a testing ground to see what the will of the majority is, rather than pass effective law. In this particular body of 5 people, a Committee of the Whole is really the same as the Commission, it is 5, so 1 guess the purpose of it is for us to have open discussion and any motions we make here are just motions of intent which then have to be voted on again at the end of the day when we meet in an official capacity. I think Rose has a valid question, is the implication of it we may be wasting a lot of time duplicating things, rather than just making the motion and that is the end of it. Mr. Grassie: Well, two things Mayor. One, the purpose of setting up the structure of the Committee of the Whole is to try and provide for you a forum for better discussion than I think you have been able to have in the past. Physically this building does not provide an atmosphere for a real committee of the whole, and I am in the process right now of moving some staff so that I hope, create for you a room where you can meet and effectively operate as a committee of the whole. That is going to take a little time. But the other thing is that the consensus that you arrive at here, in fact can be translated into 1�. a formal resolution, which the attorneys, can with a couple of hours, act on, you can adopt something formally this afternoon.That is the purpose so that once you arrive at a decision through discussion, we can translate that into formal action the same day, rather than two weeks later. Mrs. Gordon: I understand. I understand Mr. Plummer's intent for you to investigate the feasibility of that location or another location or whatever your recommendation may be, but I would certainly like to, as long as we are talking as a committee of a whole, we are talking about our own personal feelings and ideas, I feel that, that Freedom Tower building, ----- Mayor Ferre: I will recognize you in a second for it, but let's get off this one. Have we voted on this? Mrs. Gordon: ---no, it is for the same purpose, might serve as the permanent exhibition hall for which we are discussing and also perhaps for the agency's use that J.L. is talking about. Just as a nother place, but one that Ithink is suitable for a permanent use. Mayor Ferre: Let me give you my opinion. The problem with that building, -- there are a couple of problems. First of all they are asking too much money for it, which maybe could be reduced. I don't know. Secondly, the trouble with that is that the tower, the average sq. footage on the tower is 3500 sq. ft. It is very inefficient. Thirdly the el vators,and structuralaspects of it are questionable, and fourth to make any kind of space you would have to knock out where the old press room, where the old presses were in the back. You would have to completely remodel that, and you are talking about a major expenditure. Paul Andrews spent a lot of time looking at that. Mrs. Gordon: But Maurice things have happened that have changed the financial picture, the reason being that the public works program now designates additional monies for, ----- Mayor Ferre:---historical monuments, ---- Mrs. Gordon: ---yes. There are other sources of income which could be used, and that building should be preserved. I feel deeply about it, and sorry that the group concerned with it is about ready to give up. They were not able to do what they wished to do. Mayor Ferre: I think the new manager should certainly look and review the whole thing all over again. I completely agree with you. It is a good recommendation. Mr. Ley: Just one second Mr. Mayor, I would like to announce that the next coming Tuesday, , I will know defininte Friday. We will have in town the president of C.I.P.E. and I would like to to the Hall, Commissioner, that president of C.I.P.E. will be here for two days to have major conversations with the group, Mr. Manager, Mr. Crumpton, and commissioners regarding the whole planning of the Latin American Trade exhibit . Mrs. Gordon: We will all be invited? Mr. Ley: Iwill call everyone to let you know exactly. I think we are planning to have a luncheon. Mrs. Gordon: J. L. did you want a motion on that? Mr. Plummer: No, just turn it over the the Manager. You don't need a motion to do that. Mrs. Gordon: As I understand it, we are just going to duscuss our ideas, you are jotting them down, those things you think are of interest, you are going to investigate. Mayor Ferre: All right. Do we have to vote on this. Have we voted on it. I mean on the contracts for him. Mr. Plummer: We did vote on it. Mayor Ferre: Any further discussion? Joe, just to give you a very quick background, at one time, Mr. Alvah Chapman and the Miami Herald, and others really 1h spent a lot of time and effort trying to put together a funding to several foundations to buy the old Miami News Building, the tower. One of the purposes that we were trying to establish is to make it into a museum, just tear the guts out of it and make that the Metropolitan Museum and that really never got off the ground. But I recommend you call Mr. Chapman. He is very well informed in that and perhaps you might have a conversation with Paul Andrews, because he spent a 1ot of time going over it. We also talked about the idea of making that a small exhilition area. WE also talked about making it City Hall or governmental offices. The towel is useless. It is just too small. But there is enough in the main building, incliding the press room where you might get 30 or 40 thousand square feet of office space out of it. Mrs. Gordon: You are talking about the Tower, Maurice? Up in that tower part, that would lend itself to some kind of exhibitions of art or whatever, because tie floors are small, but could be divided for different countries. Mayor Ferre: Why don't you look into it again and perhaps up -date. Paul will be back from his trip and find out. He had a whole file on it, and Mr. Chapman put a lot of work into it. 4, MOTION OF INTENT - AUTHO IZE CITY CLERK TO SELECT AND APPOINT THE ASSISTANT CITY LLERK, Mrs. Gordon: Mr.Mayor we have to make a decision this morning which is very important to Mr. Ongie and to us too, about his assistant. I was given all the resumes. I did not have the chance, for being out of town, for lack of time to interview. I felt it rather useless for me to do any interviewing, of anyone, not being in a position to equate their quealifications for what he need;. So consequently, the only person who can really say who would best serve him, is Mr. Ongie, and he has selected 6 people, and the names we have. He says any one of the 6 people would serve him equally uall. We have a 7th applicant who is an employee of the City now and works as a assistant to Mr. Eads and she submitted her resume even though it came in late. It is here. Here name is Mrs. Lilly Lattimore. She would like to be considered. I would just like to, since you assigned me a pcsition to evaluate, in my evaluation, I evaluated that Mr.Ongie should make that final cetermin- ation himself, or we could drop all the names in a little hat, and pull an number. He said all of them equally meets his needs. Mr. Plummer: How about a coffee can? Mrs. Gordon: Whichever way you prefer, however I do think he needs help and we need to make a decision for him today. Mayor Ferre: May I recommend how I think perhaps it ought to be done? He has 6. Mrs. Gordon: We have another one which came in afterwards. I don't know if you want to count that. Mayor Ferre: I would not because that person has to go through the same process that the other 40. Unidentified person: Did you interview her? Mrs. Gordon: Yes, she was interviewed. Mr. Ongie: She was not included in the original 6 I recommended, but she made application directly to the Vice -Mayor. Mrs. Gordon: She qualified, to handle the job. Mayor Ferre: That is not the question. The question is you had about 4(1 people apply. From that you selected 6. Mr. Ongie: Yes. Mayor Ferre: My question is, if you had 41, and this lady were one, would she be one of the finalist? SEr' iJ Mr. Ongie: No. Mayor Ferre: Well that answers it. Mrs. Gordon: Then do we have 6, do we take numbers 1 to 6 and pull a number. Mayor Ferre: I am against that. I will tell you what I recommend. I don't see how Mr. Ongie can say any one of those 6 would be acceptable to him. I think he ought to bring that down to 3 we ought to spend 5 or 10 minutes. Mrs. Gordon: If we are going to determine which of those, whether it be 3 or 6, I don't think we are really going to know what his best needs are. It would be my opinion that we let him pick one. He is the director of his department. Mr. Plummer: Let's do something. Mrs. Gordon; Mr. Ongie, here are your 6 recommendations. I will give them back to you. Pick your one, if that is your desire, and that is the Mayor and the Commission's desire. I gave Mr. Ongie back the 6 recommendations and ask him to tell us the one he could work with best. feel? Mayor Ferre: I think the consensus here seems to be that. Plummer how do you Mr. Plummer: Fine. Mr. Reboso: I second the motion. Mayor Ferre: Let Ralph choose. He has to live with whoever that person is. Mrs. Gordon: He heads the department. It is his assistant. He has to be comfortable with that person. Mr. Reboso: Rose, and Mr. Mayor, on the other hand, I think it is the only department that does not have the right to choose his deputy. Can we change that. Make it in the form of a motion? Mrs. Gordon: I move Mr. Ongie pick his assistant. The motion was passed and adopted by a unanimous vote of the commission and is designated Motion No. 76-816. (See Resolution No. 76-850 adopted later in the meeting). 5, PUBLIC HEARING - DOWNTOWN DEVELOPMENT AUTHORITY BUDGET. Mr. Grassie: I think the first item on the agenda, the Downtown Dev. Authority budget, Mr. Mayor would be in order now. Mayor Ferre: I don't see Lucius here. Mr. Grassie: I understand he may be on vacation. Mr. Plummer: First reading, I move it. Mayor Ferre: Plummer moves, Gibson seconds, Mrs. Gordon:What was it? Rev. Gibson: The Downtown budget. Mayor Ferre: Call the roll. Thereupon a motion was passed and adopted by a unanimous vote of the commission to passed the Downtown Development Authority appropriation ordinance on first reading only later in the meeting. Mr. Grassie: Just by way of explanation of Mr. Mayor, because we are all learning about this process. What you have on the committee of the whole is the discussion of the items. 1a SEP i;l If you look on your agenda under Item 45 you have the actual resolution. Mayor Ferre:Now you have orders to prepare it and we will vote on it again. Mr. Grassie: We will vote on it this afternoon. Mayor Ferre: Joe, you are trying to educate us a little bit, but in the meantime you are also getting an education yourself. You know how this commission functions. We have to get down to practical things. This is the way we do this. We got this, everybody read it, it has been discussed, now we have to vote on it twice. Mr. Grassie: I guess the assumption was that on a 3 or 4 hundred thousand dollar budget that you would want more explanation. But maybe I was wrong in that case . I should have just put it on as a resolution. Mayor Fe_;7re: We have this. if there were any questions, they would have been asked. There is not any substantial change. And that is what we are looking, to the Downtown Development Authority, the Chairman, the administrator and the City Manager, if anybody has any gripes, ----we do a lot of things around here in management by exception. If there was something wrong, let somebody speak out, otherwise we move on it. Mr. Grassie: I will try to learn not to put things on your agenda you do not want to discusss. Mayor Ferre: The trouble is, nobody knows that. Mr. Plummer: That will put you in bigger trouble, because if you are going to make the selection, somebody up here is going to find reasons why you should have put it on. Mr. Grassie: I am sure that will happen too. (Later in the meeting, the Downtown Development Authority budget was passed and adopted on first reading only). 6. SOUTHERN BELL TELEPHONE - FRANCHISE NEGOTIATIONS, Mayor Ferre: Southern Bell, all right, Mr. Manager. Mr. Grassie: The inspections we had of this nature, as we understood them, one, to bring hack the original proposed franchise, two, to bring back a report to you on all of the items raised by the Mayor, by Commissioner Gordon, and some new items you raised on the 9th to specify what had happened to each one of those questions that you raised and we have done that in the first two sheets of the material that supports item No. 2. If you see that material, the first two sheets summarize each question raised by the Mayor and by other members of the Commission and gives the results of that question as to whether it is included in the franchise, or not. Mayor Ferre: Let me ask a quick question on this. If we were to vote on this today, could we get it on the November 2nd ballot? Mr. Grassie: I don't believe so, sir. I believe we would have a special election probably November 28th. Mayor Ferre: T don't want you to be unsure. We need to have a certainty of It, Do we need 30 days to get it on the ballot or 45 days? Mr. Grassie: I can tell you we would not get it on the November 2nd ballot. Mayor Ferre: In theory you might be right, but technically you might be wrong. I think we can get something on the ballot in 30 days. If we voted for it today, ---- Mr. Grassie: I have asked staff to analyze this quite carefully. Could I have Clark Merrill report to you? Mayor FErre: Yes, please. SLP Mr. Clark Merrill: Mr. Mayor and members of the Commission, Mrs. Dieffendefer, Who is supervisor of county elections, told me that the county has reserved enough Space on the November 2nd ballot, that we could not get on there. Mayor Ferre: We could not? Mr. Merrill: We could not get on there, right. Rev. Gibson: You said they have reserved? Mr. Merrill: Yes. They have two issues that are coming up. REv. Gibson: In other words you are saying they have NOT reserved. Mr. Merrill: They have reserved it for themselves. Rev. Gibson: All I am saying, you said they have reserved. Mayor Ferre: They have not reserved. Rev. Gibson: That is not what he said. Mayor Ferre: I didn't hear right. I understood you to say, that they had not reserved space for us, and that they had reserved space for themselves and we do not have any space. Isn't that what I heard you say? Rev. Gibson: I don't want to belabor the point. Mr. Grassie: You are both right. What he said is what Father Gibson heard. Mr. Merrill: They do not have the space for the City. Mayor Ferre: Let me tell you what worries me. If we pass a resolution now, and all of a sudden somebody chickens out on putting the transportation tax on the ballot, after September 28, and it doesn't get on the ballot, there is going to be space available. Then we are going to get caught in that situation. Mr. Merrill: Mr. Mayor could I explain that? They have reached the point on the November 2n ballot, where if the transportation and another issue goes on they will have an English -only ballot and will put the Spanish on the side of the machine. They would prefer to put the English and the Spanish on the ballot itself, so if there is a reduction in a number of items, they will go to the English and Spanish. Rev. Gibson: Mr. Mayor maybe the way for us to do that, ----I am learning a lot of things on this commission that I never knew. Let us pass a motion saying that, --I have to learn this new system, that we do not wish, --that we do not intend, that we are not putting on the ballot this issue for November, whatever date. Once you do that, then you have to find a date. Then at that point the company will have the responsibility of having the election at a specified date. I don't want to take the gamble. Tell me how I get to that point. Mr. Grassie, since this is your new system, you tell me how I get to that point. Mr. Grassie: I can tell you how you get to the question of either adopting or not adopting the franchise today. This simply consists, after you discuss, if you want to discuss about this, you will take a poll of the commission and determine whether or not you approve it. If you approve it, it will automatically come back this afternoon as an ordinance which you do not need to discuss. You will simply vote on and it is done. Now, the question of the timing on the ballot is something else. Rev. Gibson: I want to know how do I start off right now, of not having it on the ballot based, on your new system, --not having it on the November ballot. Mr. Grassie: The November 2nd ballot? REv. Gibson: Yes. Mr. Grassie: There is no opportunity for us to put on the November ballot. A 2P E You can also simply specify that, Mr. Plummer: All you have to do Father is, that it shall be held at A special election. Rev. Gibson: You need a motion for that? Based on your system? Mr. Merrill: I would like to try to simplify it just a little bit, Commissioner Gibson if I may. We have talked with the county elections department about the possibility of having an election on Tuesday November 23. This would be a special, City of Miami franchise election, paid for by Southern Bell. Mr. Plummer: When is the regular election in November? Mr. Clark Merrill: The 2nd, there is only one election in November. Rev. Gibson: I move you Mr. Mayor that we shall and will not have this franchise election on the November. 2nd ballot. Mayor Ferre: Is there a second? Mr. Plummer: I agree with what he is trying to do, but if you would go ahead and say it shall be held on November 23, that sets a date. Rev. Gibson: The Mayor raised a question that if, --okay, November 23rd. Mr. Plummer: We better hope we can get a negotiation worked out. If the motion sets the date for the 23rd I second the motion. REv. Gibson: I didn't want to get to that yet. Because November 23 may not jive; we may not get an agreement. I am trying to avoid having it on the November 2 ballot. At that point, that is all I am dealing with. Mayor Ferre: Plummer seconds the motion, call the roll. Rev. Gibson: ---November 2nd. That is the intent. Mrs.Gordon: No, November 23rd. Rev. Gibson: No, no, Mayor Ferre: Let me repeat it. It is very simple. We don't want to take a chance of ending up on the November 2nd ballot. We haven't agreed what we are going to agree on. Until we agree, and I am not sure we are near that, I think it is absurd to be talking about this. I think the thing Father Gibson is saying, let the people know downtown at the elections office that we are not going to be on the ballot period. I don't know when wee are going to come to a conclusion on it. Rev. Gibson: The motion is not to have it on November 2nd. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 76-817 A MOTION STATING THE INTENT OF THE CITY COMMISSION THAT THE QUESTION OF APPROVAL OR DISAPPROVAL OF THE PROPOSED FRANCHISE WITH SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY SHALL NOT APPEAR ON THE NOVEMBER 2, 1976 BALLOT Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Manoln ReboQo Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES; None, 21 SLt Mayor Ferre: Just a wetter of information. That is all. We are going to inform Mrs. Dieffenderfer we will not need space and have taken an official position. Mrs. Gordon :Are we going to be talking any further about the prospective contract now? Mayor Ferre: Yes. That is why it is on the agenda. You had 8 items to cover and I have seen you covered 1,2,3,4,----5 was rejected, 6 was rejected, 7 was rejected, those were the ones rejected? Mr. Grassie: Correct. Mayor Ferre: We still haven't determined whether it is 25 or 30 years. Mrs. Gordon: I have a comment to make. It bothered me considerably when I read in the paper about the reduction that certain employees received, who are working for Southern Bell. We don't know how much it amount to in dollars that the City did not receive in franchise fees for those un-billed bills. Among other things, the request that we had made for a portion of our bill to become a part of our revenue, in the contract, was not accepted and yet finding this out afterwards makes me feel very bad about the total rejection of that approach. Mr. Grassie: Before he went on vacation, Commissioner, Mr. Jim Brown did give me over the telephone an estimate of that free service to Southern Bell employees and maybe Mr. Gilstrap can, ----(do you have the figures on that?) --maybe he could give those to the City Commission just for your information. They are estimates, of course. Mr. Gilstrap: Mrs. Gordon, we do not have an exact figure on it, but taking I believe a liberal estimate, that perhars there may be 400 employees within the City of Miami. Out of that and the estimated reduction for the concession service figure is used in the paper, was $5.00 a month. So if you take the $5.00 and 400 employees, you are talking about $2,000. per month, $24,000. per year, and take the 3% franchise fee as recommended on that, you are talking about $720. a year. Mrs. Gordon:That is just one item. You are speculating on the numbers. Go back again to the fact that I am not satisfied with the 3% on a local base only and no consideration for the amount of service that we use. Perhaps Mr. Grassie you have the number. I don't want to state a number, but my memory seemd to serve me as being a pretty large amount of money we paid for telephones last year. Do you happen to have that number? Mr. GRassie: Roughly $600,000. We expect about $700,000. next year. Mrs Gordon: Quite a bit of excess of what we received last year for our franchise. Quite a bit in excess. Then finding out your employees are getting brake and we are your best customer, probably and we are getting nothing. Mr. Gilstrap: Mrs. Gordon the figure, while, the amount of money billed to the city was not at the rate of $700,000. It was closer to $600,000. For '76 yes, it would be closer to $700,000. because of the rate increase which went into effect. But you received almost 500 thousand through the 1% franchise fee for that year, and the billing was in the neighborhood of 600 thousand. It is a slight excess, yes. Mrs. Gordon: Exactly. We still paid you more than you paid us. Mr. Gilstrap: True. But we also paid some additional taxes and fees which are not included as a comparison, Mrs. Gordon; Everybody that owns property in the community pays taxes, unless they are a government agancy. Mr. Gilstrap: This is true, but above the ad valorem taxes. There were certain other items of permit fees, for the right to work in the streets and off duty patrolmen, which we have paid for, which assist them, which are required at the direction of the city. If you take them and add them in you are talking 2? perhaps 60 to 70 thousand dollars more there. We also last year gave you $50,400. in concession telephone service, so when you add the concession telephone service that you did receive that year, along with the addition fees which we did pay for city supervision or city services, I think you will find that what we didn't pay you balances out with what you received, or what you paid us. Mr. Grassie: Mr. Mayor the city has retained two advisors in this question, and I wonder whether the City Commission would like to hear reports from both of them. First you asked that we bring a representative of the Beck company here, and also your special attorney Mr. Mallory Horton, is here and I think we should ask both of them to speak. Mayor Ferre: All right. May we hear your recommendations. Mr. Plummer: Let me ask a question Mr. Grassie. Has he received a copy of this proposed negotiation? Mr. Grassie: Yes, sir. Mr. Plummer: So he can speak to that? Mr. Grassie: I trust so. Co. Representative of Beck :Mr. Mayor and members of the Council, I have reviewed the proposed ordinance that as I understand it, is a result of negotiations between your negotiating team and Southern Bell. It is evident from this draft that both parties have given and taken which is what you would expect in negotiations. However there are two or three things in the proposed ordinance that I would like to point out to you that I feel could create some problems. On page 5 of the proposed ordinance, is the definition of the base revenues that the franchise payment will be predicated upon. I have spent several hours trying to tie this definition of the base revenues to the Peat Marwick report of what Southern Bell now includes in the base revenues, and it is next to impostiible because the words are just not the same. Southern Bell books its�perating revenues in their standard company accounting manual form. They have spec fic account numbers for specific revenues. MayorFerre: Let me interrupt you to ask a question. Mr. Pallot are you here on this same thing? Is that the purpose of your being here? Mr. Pallot is one of the partners of Peat Marwick. Representative of Beck Co. : I am only interpreting the Peat Marwick letter. It is my interpretation of what they have said. The company breaks their revenues down according to the Peat Marwick letter into three basic, broad categories, -- local service revenues, toll service revenues, and miscellaneous revenues. At this time we are only concerned with local service revenues. The local service revenues have various accounts, 500-01 through 506, that are local service revenues. There is some question as to which of these are recurring local service revenues according to the language of the proposed ordinance. It would seem to me, that if the cities negotiating team and the company could agree on which of the specific accounts utilized by Southern Bell as local service revenue accounts or recurring revenues, and then if the ordinance itself stated that these are the accounts that will be utilized to develop the base for the franchise calculation and if Southern Bell changes its accounting methodology, whatever that change is, the intent is, that these revenues are to remain there,are the revenues that should constitute the base. It would certainly in my mind, do away with the problem of a lot of interpretation of what are the revenues that should go into the base cal- culation. I do not have a specific proposal to be suggested, ----and I think the Peat Marwick people who did the audit have a first hand knowledge of what exactly i:, in each one of these accounts. We can read the accounts as well, and with the City Manager and his team and the company I am sure can come up with an agreeable definition of what the base revenues is. A definition that ties more to a document that exists. Mayor Ferre: I think that has to be done before we get any further on this. Mr. Pallot? (inaudible) 2') SEF Mayor Ferre: Are t that that be done and something we have to d , it has to be defined. Pi has been saying and Representative in any one of these definition should be exclusion, then the 1.1•. Mayor Ferro:. Ln see if I can express get that specified. Rev. I spoke to that, -o 20 years from not..., Representative talking. People ih and when Mr. Brown thing. You and i ri ' Rev. Gibson: what I was sayin;:, Gibson underst•a;;ds , ago. I am surpr -•,' Representative every word that is i was not at the nets company system cif it is , Rev. Gibson: went there, I would Mayor Ferro: Representative last page, a propose,' document, the exist i.re city as you would cxp. has the company. But t opinion, is a very i expiration of the fr„t-, Southern Bell within The proposed franch se and under the public limits of the Cit7. t< the majority of South; there is no way, in tart difficult, for 25 7ear of Southern Bell alonw for the operation of that has to go alorw wl, that is a serious , r., i Mayor Ferrer. ] woe! how the rest of the oIL-:i! REv. Gibson: 1 ae•rc e Mayor Ferre: Anvt is Representative can be worked out interpretation. it now, Peat Marwick and Mitchell recommended mmending that it be done, and Ithink this is if -.,e are talking about a definition of a base, are confused and I think this is what Rose Gordon been saying for 6 months. tf there are certain local service revenues, -Ligh 506, that the company feels under their tlie City negotiating team agrees with that _lie ordinance should specify that. ,::1e3s the commission differs now, let me ;ere, you go back to the drawing board and .,iten we were talking in the very beginning, ,:):ar: up here and double -talk, --you know, what were doing. not sure that is a matter of double have a vernacular al] of their own about certain revenues, they mean one n; else. nge the wording. That is specifically be saying the same thing that Theodore i when they argued here, 2 or 3 months ceint now. well be that the negotiators understand the base revenues. But for somebody who it up and read it, then go to the ermine what revenues are included here, c.it.: was the intent. That even if I as a layman raid that is what they were talking about. t,tent then? ther major item is the, -on the next to the Ion 10 acquisition, as I have read the proposed various drafts through the negotiations, the ON tiog process, has given up various points, as .acquisitions, this in my opinion, and my firm's in this franchise, which provides that at the has the right to acquire the facilities of Now, that is the way the old franchise read. t11. plant and equipment located upon, along, over :?leys and rights -of -way, within the corporate '..,;t;;uage, in my non -legal interpretation, excludes invested plant within the City of Miami, and --(let me say, not no way), it would be very t..hc City decided to acquire the facilities ,ttutts and rights -of -way, to show feasibility without the major portion or the plant, s to provide the telephone service. I believe acquisition provision. ‘amour with that personally. I don't know crave some minor things but I believe they ;,--with the company. It is a matter of Mr. Plummer: t •.s to the overall contract at 3%. Do 0,4 .... ISie �• •J you think it is fair. Not fair? Or what? Representative of Beck Co: I think 3% is the bottom line for the City's position. The Company has already granted 3% to other cities as a franchise payment. I think that is a bottom line. Mayor Ferre: How do you feel about the about the 2J or 30 years? Representative of Beck Co.: I feel that in my own personal opinion the franchise should be 20 years. You can give 25 years if you get other considerations. It is all a give-and-take, and it is a whole package. Mrs. Gordon: What do you feel about the credit to the amount of service - that the city uses as a part of the consideration. 4' REpresentative of Beck Co: I am not sure what was received for that amount that was given up from the existing franchise. The city may have received some other considerations that would off -set the amount of free service that they are presently getting from Southern Bell. Mrs. Gordon: Are we getting free service or not? Mayor Ferre: Are we presently getting free service? Representative of Beck Co.: Pardon me? There is a portion of free service. Mr. Merrill informs me it is approximately 50 thousand dollars a year. Mayor Ferre: Are we going to give that up? Representative of BEck Co: It is not included in the proposed ordinance. Mrs. Gordon: --which is a very minor percentage of our total expenditure. Representative of Beck Co: It is already built into the company's basic rates. Mayor Ferre: Projected for next year is $350,000.00. Mrs. Gordon: I would also like to know, and maybe I can get an answer naw, maybe not. How much other free services are being given beside employees, what other kinds of concessions might be out and around that we are not getting franchise monies on? Representative of Beck Co: I tried to go through the company's annual report to the public service commission, and there they must identify, lump sum, the amount of free service that is provided. I don't have any way of breaking out how much of that is within the city of Miami, and I have no way of questioning Mr. Gilstrap's figure of five dollars per employee. It seems to me, that if a standard installation is $12.50 a month, something around 12 dollars, that that is local reoccuring revenue under the present rate. I don't know what the basis of the 5 dollars is. Mrs. Gordon: I think is a very conservative estimate that Mr. Gilstrap made because that did not include the totally free service that the upper echelon, as I understand, at least what the newspapers reported, are receiving. Is that true? Isn't there some free service, not just reduced service? Mr. Gilstrap: I have no way of breaking it out to that extent. Mrs. Gordon: Is there some employees who receive free service? Mr. Gilstrap: There are some employees who receive free service but the number of them who live within the City of Miami, I would think would be extremely small. Mrs. Gordon: We are estimating without facts. Even if you take your estimate, which is around a thousand dollars a year, and you multiply it by years of the franchise. That amounts to a bit of money that the taxpayers aren't receiving. Mr. Gilstrap: $30,000. over 30 years. M.r MMyot Ferre:Anything else? Mr. Grassie: I think the basic question Mr. Mayor which the City Commission needs to be satisfied on, is whether is reasonable and likely that this city can get a better franchise than ;his ..nd T think, ---- Mayor Ferre: Nobo.iy know th :t . t•:e all have our opinions on it. Mr. Grassie:---r-i1;1tt. 1 think basically what you are in the process of doing now, is gathering, statements from the people who have been dealing with us. Mayor Ferre: Much more than that, ---people that we pay to be our consultants and guide us,--profe sicnals. Mr. Gra::.;ie: 1 would :limtrize, put it in this context. I think the telephone company is telling you ticJt tl:i:; is the best franchise they are going to give you unless you can force them tc. > umetlti.ng else in court. I think the staff is telling you that it is theft ,,1 i ; :, 1 i; is the best franchise that can be negotiated out of court. I think you need Lo ask Mr. Mallory Horton whether he can get a better franchise, and 1 think vou need to ask the Beck Company whether they think they can get a better Iran(Ilse to the city. Mayor Ferre: MT. (;rats s i t. lct me tell you what my problem is with this, and with your statement. Sc.e, we have gone out and hired experts, the Beck Company, we have the Beck Compnn'; ` r:•.)r, ^er:tative, the man stands here before us and says that in this document, that the n ,tiating team presented to us, that there isn't a clear enough definL !:ase, and the man from Peat Marwick and Mitchell agrees and says that i i tr: rccom:uendation in the letter, and No. 2, the Beck Company says that the iter:on acquisition, has been changed from what we used to have. I think those are `:• t:,tUr,tantial questions, therefore, you know what happens in all these. r'::in,:.s. '.1:1 nt '-ou start pulling the thread on one thing and show there is a wear:rt : ss ; :: :: i r -*.en it makes you wonder whether there are other weaknesses in the : Representative of i pointed out in our opinion what we thought was the major flaws in tiae proposed document. Since we were not a part of the head -to -head negotiations we Rio not know what was received, perhaps, for the giving up of this. But we do as a fire:, to l very strongly, and I personally feel very strongly, on the acquisition clause. It is something you have now, even though it may be predicated on a Rev. Gibson: Let me ask a question, --Mr. Grassie, very simple, what did we give up for that right? Since you were part of the term, or you wern't, tell us who. Let the person come here to the mike and tell us what did we give up for that. Mr. Grassie: What we did we give up for what, Father. Rev. Gibson: The right to acquire later on, if it gets to be necessary. What did we get, in the bargaiuin, hro,:e$s, you know, ----I gave up this, because I got this. Since we gave up the r.i:ht to acquire later on, what did we get for it? You are my representati.'.. ! have to trust you. What did I get? Mr. Grassie: Basically two things, Father. By the way, I should tell you, that this was the last item of thy: negotiation. This question of acquisition was the last question resolved aaO it was the most difficult one . The two things we got were, first, we got tar the first time a concession on the part of the company to allow the City t. art.,oh to their poles without cost. Now, conceiveably this is worth hundreds of thousands of dollars; it depends on how we use it. The second tiring we got is ,in intangible. Now, that intangible is, --what the company was telling us :e,', intil;, is that they are in the business of making millions of dollars of i.nvestmonts in new plant, and they have to decide where they are going to make that investment and one of the things that is going to be very important to them, and this is Ar. Brown told us directly, is whether or not they are going to make an inve:,ttreint under a situation where it is likely that the City can force them to divest themselves of it. You see, you are talking about a company which does not sir simdly the City of Miami; it serves this whole metropolitan area and if they are, say, investing n million dollars, and they run the risk that you are going to purchase that ,L) million dollars of investment and put them out of business in this whole metropolitan area, what they are going to do is invest some- place else. Now, very simply, avoiding that kind of risk, was one of the things we got. That is an intangible, I grant you. But what we got from the company was first, an indication that it was important to them, if they were going to make investment, that they not run that risk and second, and it is intangible, it is strictly an indication of intent, an indication on their part that they would favor making investment in the city, if they did not have this threat. REv. Gibson: Mr. Grassie, let me respond, because, I am going to do a lot of responding here today about some other things. I think that if, you expect me to vote, then you should have told me, this is what you got. That is why the man raised the question, and only, you see, --I am going to only be as intelligent, since I didn't have the advantage you had, so in the future, let me say, I would hope you would do me the courtesy to make me intelligent. Okay? You work under a disadvantage. I understand that. You are new. If you were Mr. Andrews, I wouldn't be quite as polite to you about taking the position, you should have told me. And I let me say something I think I hear the Mayor saying to you, that I hope you hear and that is, you must tell us the same thing so we would know the same thing you know. You understand? Because we aren't privy to what you are privy to. Mr. Grassie: Necessarily. I understand your point and I agree with it. I have to say this. That is what a workshop is about. That is why we have this kind of meeting. You are going to vote on this, if you vote on it this afternoon. But this kind of meeting is designed to answer your questions. I can approach it two ways, one I can talk for 45 minutes and tell you everything I can imagine you might be interested in, or I can give you the opportunity to question me, and I really have not found out yet which you prefer. But we will try them both. We will find out through time which works best. Rev. Gibson: I want to say this and hush. The fact that the gentleman raised the question we were up here debating. If you knew the answer, it would appear to me the you would have eased a way for us by just telling us,'members of the Commission this is what happened.' I wouldn't be talking, and I would have hushed my big mouth. Representative of Beck Co: One minor thing that could give rise to some problems when the City goes to audit Southern Bell's figures. They have the right of audit, but the provision in the proposed ordinance says that all records shall be open for exam- ination and shall be retained by the company for a minimum of three years. The method in which the records are maintained is important to the people doing the audit. If they are retained in paper form, it is for a very limited period of time. I would not suggest three years, retaining in paper form, but the company now goes to a microfilm recording system and it is very difficult, --it is not so difficult, most auditors start standing on their head when they are faced with microfilm examination. If the company would retain these necessary records for a period of a few months in paper form, or a year, whatever would not impose too much of a burden on them. It would seem to me to help the city auditors. Mayor Ferre: From a practical point of view, let's ask Southern Bell, how long do you keep the papers? Mr. Brown: We don't have them in paper form at all. We have micro -fiche, and micro -fiche viewers and our outside auditors use the micro -fiche viewers and the City auditors use the micro -fiche viewers. We have never had anybody request that we keep them in paper form. Representative of Beck Co: If they are not already kept in paper form, I certainly wouldn't suggest they start. Mayor Ferre:Then it is academic. Mr.Pallot? Why don't you do it on the microphone for the record. Mr. Pailot: I guess I am a little confused about something. In our letter to the City Commission and we copied each of you on it, we made certain recom- mendations concerning this proposed ordinance. To my knowledge the proposed ord- inance has never even been discussed with your auditors, our firm. One of our recommendations was that you not go to the expense of having us go in and audit this contract some point down the road, but that you require there that Southern Bell utilize their own auditors to give you a written letter stating they have reviewed this area of the revenue allocation to the city, and give you comfort on it. They have a very reputable firm. Mayor Ferre: Item 2 of your letter, it says Southen Bell should be required ��l to submit with its remittance of the franchise tax, a statement from their external auditors that have examined the franchise tax calculation and that it fairly presents the franchise tax due the city for the current period. That is what you are referring to. Is that correct? And you say that is in there? Mr. Grassie: Would you like to have Mallory Horton comment on that Mr. Mayor? Mayor Ferre: Yes, I think it is time now to really hear from our judge who worked diligently on this. (inaudible comments) Mr. Mallory Horton: I will be glad to answer them. I can't go over all the questions we have had on negotiations and after all we have to approach this matter in a particular way. This is the legislative body that is going to have to accept or reject some offers made by Southern Bell. I believe we have gone almost as far as we can go with them. We have led them up to this point and they got to the point where they said they would not do anything further and we felt we had to put this in some concrete form for this commission to look at and that is what we have done. Mayor Ferre: The question specifically was asked and brought up by Mr. Powell in reference to his letter in section 2 of the last page about the question of the auditors and Southern Bell representatives say that it is in the contract so the question to you legally is you ,,re satisfied. Mr. Horton: Yes, sir. 1. gym. I stand on that language. I think it is probably mine. I will take the things that Mr. Beck's representative said here. The base revenue, we went through those things, and went through them in great detail. We got all the information we cold out of Southern Bell. So of it is more or less indefinable. You can define it over .in,'. , ver again, and you probably are going to come out with more ambiguity that you are light. But the point is that this com- mission wants us to do that, we are going to do just what you tell us. The next questions is the acquisition question. The acquisition question is in there, and the matter is in there at our request. There was an ambiguous acqui- sition clause in the old ordinance. You have to remember that they don't have to agree to give us an option to purchase their equipment and their plant, and I differ with the gentleman who got up here. The ordinance does provide that we can acquire their plant. It uses specifically those words. If you look at it you will see what I mean. Now, in addition, the City must understand that a determination of an ordinance such as this, just as you have a right at this moment, you can condemn under the law. I can't go too much further with it. The right of audit is there. The acquisition is there. I am going to say one other thing. Unless the commission feels that there is, for some reason, that the negotiations should go further on the question of the fee. I think we have arrived at a point beyond which we can't go very much further. Mayor Ferre: I have a specific question with regards to that position. I don't understand Judge, just what you said because as I read this language, and please correct me if I am wrong, it says the following, and I am reading now in page 9 sec. 10, starting with .he hth line,'to purchase the telephone plant',(which is what you just said), Mr. Horton: —yes, sir, --- Mayor Ferre:--'and other property located', there is a comma, and it says, 'upon, along, over and under the public roads and streets, alleys, and rights -of - ways within the corporate limits of the City which is used under or in connection with the franchise.' So you have two limitations. First of all, one is a geographical limitation, secondly the use limitation. As I understand it, for example, if the plant is not on a public road, street, alley, rights -of -way or within the corporate limits of the city, ---for example, if the property is located on Southern Bell's building which they own the property, the building and equipment, would we be able to purchase the plant'. Mr. Horton: Not is the: didn't want to sell it to you. No, sir. You wouldn't be able to purchase the lines that came up to the city limits, you wouldn't be able to purchase those things beyond the city limit line. The franchise doesn't cover anything for that, so the option would only extend as Mayor Ferre: Let me further understand so I can get it straight in my mind. We did not have that right previous to this. In the previous franchise we did not have the right to purchase the physical plant. Mr. Horton: You did. It was an ambiguous clause. I have it right here. Mayor Ferre: Would you read it to us? Mr. Horton: Sure. It is about a quarter of a page. It is Sec. 6 of the expired ordinance. "In In accordance with the provision of Sec. 167.22 Florida Statutes, 1941, City hereby reserves the right and requires the company as a condition precedant to the taking effect of the right of franchise herein granted, to give and grant to the City the right at, and after the expiration of the said term of 30 years, for which this franchise is granted, to purchase the telephone plant and other property within the corporate limits of the city, used under or in connection with the frahcnise or right, hereby granted, or such part of such property as the city may desire to purchase." Mayor Ferre: That is ambiguous? Mr. Horton: Yes, sir. This one right here has ambiguity in it. We don't say it is so definite, that there can't be some ambiguity in it. I don't think it is quite as ambiguous as the other one. Mayor Ferre: AS I understand the other says it hereby grants and gives to to the city of Miami the right to buy its plant within the corporate limits of the city of Miami. Mr. Horton: Yes, sir. There would be very little consideration flowing to the company, as I can see it, if they gave you one that reached beyond the limits of the city because although some of it is an integral part of the necessity of the service to the city of Miami. There would be no mplustion on their part to give us acqui- sition rights to that. It is like you have your long distance lines and etc. They are not going to do it. We tried, but they are not going to go beyond. Mayor Ferre: It is partly academic, but the point is, that it is a bargaining thing and we did have for the last 30 years and it is something that obviously by defining, and in a stricter sense we are limiting. I think it could have been argued in a court of law, that that meant,(I doubt very much if the city of Miami would ever want to buy the phisical plant of Southern Bell) but I think it could have been argued that we had that right. Mr.Horton: Mr. Mayor I agree. To me it was more or less a nebulous thing, but still something, a bargaining point for the city. We of course, proceeded on that basis. You still have the right of condemnation. You have the right to operate your own utilities if you want to. And you have a provision in the Metro Charter that gives you the right to do so by acitivating portions of the Metro Charter. Mrs. Gordon: But Judge, what I don't understand and what the Mayor pointed out is even if, in the original agreement, as you stated, there was some ambiguity, never- theless it was debatable. Mr. Horton: Yes, ma'am. Mrs. Gordon: In this contract there is no debate, it totally limits the possibility of whatever rights we have to the rights that are in the public right- of-way. Mr. Horton: There could never be any right, commissioner, as to the city's rights on the public way. Mrs. Gordon: I know. The language as you have clarified it in this contract in my opinion narrows our scope and even if there was ambiguity in the first contract I would rather have the broader scope. Mr. Horton: Well, we will go back and try and do just that if that is what this commission's intention, ---we have come up with what we were able to get up to this point. If that is the commission's will, we will proceed from there on in. I want to point out to you that again, you are eventually going to, regardless of which way you go, if city decides to operate its own utility, such as the telephone 2° :EF' : _!fir. System, you will have to condemn that property. Rev. Gibson: Mr. Mayor, let me ask you this, since you are familiar with business. If I had that right even though it is nebulous, more people would listen to me, wouldn't they? Isn't that right? Judge, if it were rehearsed in a contract, --I am not a judge, never have been, but I have to judge people. They are not that much different. If it was said, that I had the right to acquire, just simply and as easily as that, ---- Mayor Ferre: The right of acquisition in the old contract and this one, is only at the end of the franchise period. Is that correct? Mr. Horton: That is correct. Rev. Gibson: Yes, but I want that right, right on. You see, whether I get it at the end, --the fact that you know I could sweat it out for the next twenty years, makes an awful lot of difference. Not only that, a lot of people would want to give me some other things rather than have that over their heads. Mr. Horton: It is in the nature of an option, commissioner, I realize that. But you have just about the same option under the law. Rev. Gibson: I agree. Mr. Horton: When you come down to buy this plan, under this acquisition clause, or any of them, unless they are so minutely defined, you get into a give and take negotiating problem. Otherwise you will be in court and you will then have a judge deciding what the value of these properties are. Of course the city has its right of condemnation even though it is not in here. It is a bargaining point. I don't want to diminish the fact that it is a valuable right, but it isn't such a right that if the city doesn't have it, is going to be completely be excluded from purchasing this property. Rev. Gibson: I understand. It kind of lessens the condemnation process doesn't it? That is what the fellows all those years ago, found out. Mr. Horton: It does this Commissioner. With an agreement of acquisition, it does do this. I don't believe that the utility then could come in legally and complain there was not a necessity for the taking. I think that is where you get. Mrs. Gordon: And if laws are changed, the written contract preceding any future change of law, would still be in effect, wouldn't it? Mr. Horton: I don't think you could have a law Madame Commissioner that would abridge this right. Mrs. Gordon: If it is in writing, and signed and agreed to by two parties. Mr. Horton: I think it would be a binding contract. It is legal at this time, as far as we know. It could not be infringed by a subsequent law. Mrs. Gordon: Future lawmakers might do something else, who knows what. Mr. Horton: But they can't impair the obligations of this contract. They might try, but 1 don't think legally they could sustain it. Mayor Ferre: Is there anything else you want to comment on? Mr. Horton: No, sir I don't. I am willing to answer any questions I have submitted on the matter of the CATV here. I gave you my view on it. I think it should be left in here, although the present ordinance passed in 1974 by Metro does attempt to preempt the city in granting franchises for CATV television. I would leave it in here, because there is a lawsuit pending now, that is questioning that right and there is a serious legal question in my mind, so I don't think the city could lose by leaving it in there. Suppose we are wrong on our legal position, it is still in there and becomes surplus. Mayor Ferre: Are there any other questions of the Judge? Since time is running out, we have to move ahead. I would like to express my opinion and then I would like to ask the rest of the commissioners to express theirs if they want to, then we can take it from there. I J / NO, 1 I want to once again commend the manager and the team he chose for negotiation purposes. I want to thank the Beck Company, and I want to think Judge Horton and certainly the phone company for their cooperation and interest and enthusiasm in trying to get this thing resolved. There are about 5 or 6 points that I would like to specifically put down. No. 1, I want it clearly understood that Southern Bell is willing to pay for a special election to have this thing, should we come to an agreement, and they come to an agreement. As we know that will cost about 60 to 70 thousand dollars. Estimated. It might be less. I want the right, should we want to put other issues on that, without having the city pay for it. I don't want, if we decide to put something else on there, for you to come back and say well, we are going to split the bill. So I am telling you, that I expect for you to pay for it, and if we add something to it, that is our problem. I don't have anything in mind, but should it develop that way, we should have that right. No. 2, I think in concurrence with Mr. Powell of Peat Marwick and Mltchell, in his letter draft of August 16, received here September 8, that in the last page there is a subsection 1 which specifically reads 'the text of the new franchise agreement should as specific as possible, defining the revenues to be included in the franchise tax base. The need for interpretation of the agreementas to include or exclude revenues could thus be minimized.' Based on that statement, and the statement made by the Beck Company, it is my opinion that we should be a lot more specific and precise in the inclusion and definition of every single thing that needs to be spelled out. That is No 2. No 3, that we submit this to Peat Marwick and Mitchell who are our auditors for their opinion. As Mr. Pallot said, they have not been involved in the process of giving us an opinion on this proposed, ----we have gotten a legal opinion and we have gotten Back's opinion. We haven't gotten our auditor's final opinion. I think that ought to be done before we finalize it. That is No. 3. No. 4, on the submission of the previous 8 points, which we discussed,noint No. 5 which provides a protective clause that would guarantee the highest franchise payment to the city should the phone company to another system. It might be fully electronic, etc. Therefore 10 years from now, they might come back and say to the city we don't need your franchise, we don't need to use your street, we don't need to use anything, therefore we owe you no money. Therefore, if we are trying this thing down, we are going to tie it down for 25 or 30 years, I want to make sure we are covered. No. 5, either we get, like Atlanta, the 33 and 1/3 discount on our phone bill, or we get that extra quarter percent, 3.25. Now, with regards to the favorite nations clause, I understand that is in it. Correct? So that anytime in the future, if anybody else gets anything better, we can apply it. Right? And that is within the Southern Bell system or just the state of Florida. (inaudible) Mayor Ferre: Within Southern Bell system? Okay. Now, if it is CATV,we are leaving in it. Right? Mr. Grassie: Clark Merrill tells me it is limited to Florida. Mayor Ferre: I don't know whether we have control over what we have, but I don't see why in the heck somebody in Atlanta, or Savannah ought to get a better deal than the City has, and it not be applicable to the City. So I will make point No. 5, that our favorite nations clause include all of the Southern Bell system. We are talking about major cities. I am not talking about some small town of 5,000 people. The CATV provision, --that is in it? Right, Judge? Mr. Horton: Yes, it is. Mayor Ferre: We have already covered the franchise election point. Okay, those are my 5 points. Mr. Plummer: It was my understanding Mr. Mayor that we had settled in principle, the situations referring to the tenure of the contract at 30 years. Mayor Ferre: No, that was not decided. Mrs. Gordon: Twenty-five was what they had proposed and we did not come to any agreement on that. Mayor Ferre: I think Rose Gordon, with some logic, and I say some justification 31 ?F ► mid, well, let's see what we get for what we are going to give. She said she wasn't locked into it and none of us are. We are trying to see where we stand. I have expressed my opinion. Mr. Plummer: So we send it back to the drawing board? Mayor Ferre: I have just expressed an opinion. If somebody wants to disagree, or expand it. Mrs. Gordon: You made some very good points. You didn't state the number of years because you are leaving that open to see what they are going to give us. Mayor Ferre: If we get 3 and 1/4, as far as I am concerned, --the number of years as you know, in my opinion is something that also works in the city's advantage. I am not that stuck on it Rose. The difference between 25 and 30,--- Rev. Gibson: Mr. Mayor the reason 1 don't want 30 years is, this world is changing too rapidly. Mr. Plummer: You are in favor of 30? Rev. Gibson: I am opposed, the world is changing too rapidly. I have to preach that every day. Mr. Plummer: I hope when you say that, what I saw on T.V. the other night, it is rapidly changing to our detriment. I saw the other night on T.V. that Southern Bell is now in the process of developing where they no longer will send signals by f lines, but by light, and you don't need poles to hang a light on. Mrs. Gordon: No. 5 is very important. Rev. Gibson: That is why the Mayor is saying what he is saying. Mr. Plummer: I have to concur with the Mayor and I was trying to get that one point settled. Mrs. Gordon: I think that should be one of the points we should not bend on. We ought to stick with that one. Mr. Plummer: You are talking about less than 30? Mrs. Gordon: I am talking about the protective clause that would guarantee the highest franchise payment to the city should obsolescence cause reduced payments, No bending on that at all. Mayor Ferre: Let me formalize it. I will make it in the form of a motion. I made these five points. I move that these items be incorporated into the final agreement that we are going to propose to Southern Bell. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 76-818 A MOTION OF THE COMMISSION INCORPORATING THE FOLLOWING POINTS INTO THE PROPOSED FRANCHISE AGREEMENT WITH SOUTHERN BELL TELEPHONE COMPANY: 1. THAT SOUTHERN BELL TELEPHONE COMPANY SHALL PAY ALL COSTS OF CONDUCTING A SPECIAL FRANCHISE ELECTION AND THAT THE CITY OF MIAMI SHALL HAVE THE RIGHT TO PLACE AN ADDITIONAL ITEM OR ITEMS ON THE BALLOT WITHOUT CHARGE TO THE CITY 2. FURTHER DEFINITION OF RATE BASE 3. AUDITORS RECOMMENDATION ON THE PROPOSED CONTRACT PRIOR TO FINALIZATION BY THE CITY COMMISSION . INCtt1SION OF CLAUSE #15 - ON LIST OF ITEMS REQUESTED BY THE MAYOR TO GUARANTEE THE CITY HIGHEST FRANCHISE PAYMENT SHOULD OBSOLESCENSE CAUSE REDUCED PAYMENTS RATE OF PAYMENT FOR FRANCHISE BE ESTABLISHED AT 3 1/4% OR 33 1/3% DISCOUNT ON CITY PHONE BILLS IF THE FRANCHISE RATE IS ESTABLISHED AT 3% INCLUSION OF "FAVOE NATIONS" CLAUSE BE EXTENDED TO THE ENTIRE AREA SERVED BY THE SOUTHERN BELL SYSTEM AND NOT JUST THE STATE OF FLORIDA 7. INCLUSION OF THE CATV CLAUSE IN THE PROPOSED AGREEMENT 8. CITY TO BE FURNISHED WITH AN ACCOUNTING OF FREE SERVICES RENDERED BY SOUTHERN BELL TELEPHONE COMPANY WITHIN THE CITY LIMITS 9. INCLUSION OF THE CLAUSE OF ACQUISITION AS IN THE AGREEMENT MADE IN 1946 - THE PREVIOUS FRANCHISE AGREEMENT Upon being seconded by Commissioner Reboso, the motion and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. was passed Mayor Ferre: Is there anything else to be discussed here? Mr. Plummer: Let me ask this. Where do they stand now? Did I give you enough latitude to keep them on a daily basis? Mr. Grassie: I don't believe that is a problem, Commissioner. Yes, have enough latitude for that. Mr. Plummer: Are they paying us now on a monthly basis? Mr. Grassie: I assume so. Mayor Ferre: Isn't there a two percent built up on that? Unidentified person: The franchise which had the termination date of August 11, is extended for 30 days by letter of agreement, but there has been no further, extension. we Rev. Gibson: ---extended? Mr. Plummer: I made a motion at the last meeting to further extend it. November 1st, then we are covered. Unidentified person; I understand Mr. Plummer that you made that motion. I don't believe the company has exchanged any correspondence agreeing to extend it. I am just saying where we are. Mr. Plummer: Well I will tell you what. If you don't want to agree meet Mr. Grimm out there tonight at midnight when that crew starts tearing the poles down. That is an offer you can't refuse. Unidentified person: I am just stating the facts. Mr. Plummer: Well, let's state the facts. What is since August 12th. Unidentified person: Well, the payment has been not a monthly basis. So under anybody's construction would be due until February 1st of next year. the company paying us on an annual basis, and of the agreement, no payment 3; Mayor Ferre: I am glad you mentioned that. I would like to include that point No. 9, that whatever we agree to do be retroactive to August llth. Mr. Plummer: It has to be. Vince, don't get him till the 2nd of November. Rev. Gibson; Do we get out money every month? Mr. Plummer: It is proposed in the new contract we will.Before it has been on an annual basis. Unidentified person: Yes, it is. Mayor Ferre: Thank you very much for your patience and endurance, etc. 7, CONVENTION CENTER - SELECTION OF ECONOMIC CONSULTANTS - GLADSTONE •S Assoc, Mr. Grassie: I am going to ask Mr. Crumpton to initiate the discussion of this. Also Mr. Connally is here to answer questions. Mayor Ferre: Is Mr. Crumpton here? Mr. Grassie: Jim, I would like for you then,while we are waiting for Mr. Crumpton to initiate the discussion of this. Mr. Connally: As noted in the memo, forwarded to you through the City Manager, a motion was made on June 9 to proceed with getting feasibility consultant in order to prepare the documents which we needed for the participation of a private developer in the hotel, restaurant and retail facility on -site at the convention center. Based upon that a selection committee was formed, a advertise- ment was put in local newspapers and direct solicitation was made of 8 consultants. Of the 8, 6 responded, and of the 6, 4 were interviewed with presentations made to the selection committee. After the committee had reviewed them all, they unanimously agreed on the selection of Gladstone Associates as the prefered consultant for this feasibility study. The reasons for that were that No. 1 they had a complete grasp of the specific project. They had done amount of research, the second thing was they were eminently qualified to do the work. They have a reputation not only locally but nationally in the mixed use development field. The third thing was they have the staff ability and the ability to devote those people on staff to this job immediately, so they we could proceed with the job. Contact was made with them notifying of this procedure and negotiation of the scope of work as outlined in their proposal was done. You have another attachment which is a memo which has a break -down of the proposal in terms of scope and fee resulting in ,----that is broken into two parts, the City's convention center itself really needs a feasibility study to determine not only its financial viability but =` also its impact into the national, regional, state and local convention business. This firm has had extensive background in this and has just recently completed exactly this type of study for the City of Daytona. That raw material on a national, regional and state-wide level is available to us and will be utilized in the formulation of that market study. The other part that is directly involved were the private use developer and that is outlined on that memo and that has a certain amount of fixed lump -sum fee, a certain amount of variables, and a certain amount of reimburseable expenses, as outlined. Mr. Crumpton: And it will be the request for action before the commission that you would authorize and direct the Manager to negotiate and execute a contract with Gladstone Associates for the economic consulting services necessary for the participation of a private developr:ent on to convention center site, and that this contract not to exceed $60,000. Mayor Ferre: You are recommending Gladstone Associates, and you are recommending that we spent not over $60,000.? Is there a representative of Gladstone Associates here? Mr. Crumpton: Yes, Mr. Tom Wall is here. Mayor Ferre: Gladstone has a local office here in Miami? Mr. Tom Wall: Yes, we do Mr. Mayor, on Brickell Avenue. Mayor Ferre: Would the work be done locally here? Mr. Wall: Yes, it would. 7. . tI1 Mayor Ferre:Let me ask you this. I have to go back to my Interama days, Mr. Crumpton and the experience that we had in Interama. The one thing, and I make a point-blank statement on this, one of the strongest things we had going for us when we went to Wall Street, and we almost got that thing flying, was the Peat Marwick study, the economic study done by Peat Marwick. I know this is a different situation, but I ask was there a list, a final list on this. Was Peat Marwick on it? Mr.Crumpton: Yes, they were. We interviewed Gladstone Associates, Levanthal and Harrison, Curr, Forster & Co. and Peat Marwick Mitchell & Co. Mayor Ferre: Any one of those four are top firms. I am not questioning. I don't have any problems with you on that. Any one of those four are excellent. You were there. You had the experience with Peat Marwick,and since Powell happens to be here, anybody here from , Leventhal or the other firm? We have to ask these hard questions. Why did you select in your recommendation this firm over the others. Mr. Crumpton: I think Mr. Connally sited those, the reason why we chose Gladstone and Associates. I could have him repeat those if you wish. Mayor Ferre: Iheard what he said. I just want to be more specific as to why you feel that strongly about it. Mr. Crumpton: Another item , I'll mention this. This is a document known as mixed -use developments throughout the nation, that Urban Land Institute 4110 has just recently published. This was done for Urban Land Institute, by Gladstone and Associates. They are the most up-to-date on mixed -use types of activity. Mayor Ferre: Is that an economic type study? Mr. Crumpton : They are not the detailed economic study per se, no.It augments what we have already said. Mayor Ferre: I feel in this position. I will go along with the Manager if that is his recommendation, and Mr. Crumpton. To change that I think would be a lack of faith in what you are recommending. But on the other hand, I want to tell you, and this is nothing against Gladstone, I personally have such a high regard for the work I see Peat Marwick do, that I am concerned. I hope we get a heck of a job. That economic study is a very important part of selling the whole project. Mr.Crumpton: The considerations, thoughts you are making here Mr. Mayor, were taken into consideration in our deliberations in coming to a conclusion. We are well aware of Peat Marwick, Mitchell's stature in the financial world. Mr. Plummer: Under discussion are we going to have a motion before us this afternoon? You are talking about 60 thousand, the papers which you furnished me are talking about 200 thousand, I want to know what is the story. What are we passing the motion on. To accept them? Mr. Crumpton: Passing a motion to authorize and direct the City Manager to negotiate and execute a contract with Gladstone Associates for the economic consulting services necessary for the preparation of a private developer on the convention center site for a sum not to exceed $60,000. Mr. Plummer: That is not what is in this page 2 under finance. Mr. Crumpton: The financing, that is the source of funds, ---not to exceed $60,000. Mr. Plummer: Charlie, as Father says, the King's English is pretty clear. Funds are available for this consulting service, under the project director's budget of 200 thousand, which tells me that we could go up to 200 thousand for this consultant's service. I want it delineated and made clear. Mr. Crumpton: That is why I delineated the recommendation to you which is to authorize the Manager to execute this, negotiate this, not to exceed $60,000. Mt. Plummer: As long as we understand. The tail is wagging the dog.This should have been done before the other. The main motion which we are addressing ourselves, is 76-390, and you are not specifically referring to that at this present time and I don't know why. Mr. Crumpton:This is the back-up for our coming to you at this particular time for specifics. Mr. Plummer: Well, 390 only addresses itself to air rights. That is why I want to know, is this contract only going to address itself to air rights. What is it going to address itself to. I don't know. The papers you are giving me here are very ambiguous. I don't know. I haven't seen the contract. Mr. Crumpton: Also attached is their proposal which gives a detailed outline of the scope of their services. Mr. Plummer: That is the scope of thier services. That is everything they do. What are they going to do for me? Mr. Crumpton: This gives the scope of services for the City of Miami's contract which we are asking you to approve now. Mr. Plummer: They are going to finish that contract between 60 and 65 days? Mr. Crumpton: Yes. The motion was passed and adopted by a unanimous vote of the Commission and designated Motion No. 76-819. (See resolution No. 76-849 adopted later in the meeting.) 8, COMM, GIBBON'S COMMIE RPT--UCA OF CHICAGO MISTRIAL RELATIONS CENTER -TESTING PROCEDURES, Mr. Grassie: Mr. Mayor you know that Commissioner Gibson has been commissioned to report back to the City Commission on the evaluation of the University o; Chicago testing procedures. You have received that report. I would if I could like to take this opportunity to make one important announcement. It doesn't relate directly to the University of Chicago's work but it does relate to the city's affirmative action program, and I would like to announce to the City Com- mission that I received today a recommendation from the police chief with regards to the promotion of a person in the police department, to the rank of major and the police chief is recommending that we make Lt. Barred a major in the Miami police department. I expect to concur in that recommendation so I want you to be the first to know. If you like we can ask representatives from the University of Chicago, Mayor Ferre: What is Lt. or Maj.Bared's full name? Mr. Grassie: Alfredo Bared. He was recommended to me today as a chief and I expect to concur in that recommendation and Lt. Alfred Bared would become a major in the police department with the City of Miami. Mayor Ferre: All right. Let's continue. Mr. Grassie: If we could ask members of your review team to speak to the question of the University report. We also have representatives of the University of Chicago here who I think are prepared to discuss the conclusions of the group from Miami that conducted the evaluation. Mayor Ferre: Joe, before you go on, we have civic action here and Mr. Carlos Quesada is here. I see Miguel Pando is also here and other members of the Hispanic community have expressed their opinion about this. They asked this matter be deferred until 5 o'clock. I want to answer them. It cannot be deferred because all of there people here are catching planes back to Chicago and there is a problem of teaching assignments involved. So I am sorry. We are going to discuss it. We may not come to a conclusion. WE have to proceed with the discussion. I would like to ask if Dr. Wayne Casio, Dr. Dorsett and Dr. Truss, --the three of you are here. Rev. Gibson: Mr. Mayor, before these men make their presentation I want to 3, tN 1j say this for the record. I want the public to hear it and I want my fellow commissioners to understand. I want to make sure the Mayor hears every word I am going to say. When I was assigned as your chairman, again Mr. Grassie, you were not here. I conferred with the Manager, researched out, and we finally came to the conclusion that the men you now have coming before you to make their report, were the best, most accessible, trused individuals we could find. We go in touch with the University of Chicago. Mr. Parades did all the leg work. Isn't that right Mr. Parades? The University of Chicago said they would not at that moment give us an okay on the ability and qualifications of the men, but we will send their biographical sketch. The University of Chicago agreed on these individuals. Not only that Mr. Mayor, this is why I want to talk before I present these men. One of the things that was said when we were selected, some of th+ggrieved,(aggrieved in my language is the people who had gripes and didn't agree with the test and who had doubts) suggested, recommended one or two individ- uals in this present team number. I said to Mr. Andrews as we talked in my mffice. Mr. Andrews, politically you will be smart if you would accept John Doe because that is who they say. They said Jone Doe had worked with them, and they tru°.t John Doe. I said, one part of the deal with people is, if they have a man iii the pack they trust and believe in, you have it just about made. In the selection that is what we did. One thing you are going to learn about Theodore Gibson. a lot of people out there think I sleep, but I am thinking like hell. I said to Mr.Andrews. I want to say this Mr. Mayor, since the team came back and didn't report, and say what some people would like to hear them say; they want to question and impugn. Okay. Impugn means, --you know what it means. I want to say to the commission, I have no doubt in these men. There is no doubt in mv mind about it, and I want to make sure everybody here and listens to what I am saying, understands that Theodore Gibson has no doubt. A very important thing is, if you ever make a mistake and choose a team, make sure that you trust them, and if you don't trust them, don't choose them. As you choose the team, you choose them with the possibility that they may not bring back what you want to hear. But you chose them, so you may have to 1i--,e with what you hear. With that in mind, Mr. Mayor and members of the Commission, as a member of the committee I have discharged my duty now. I have delivered to you this team of individuals, competent, capable, trusted, gentlemen. Dr. Wayne Casio: Mr. Mayor, members of the City Commission, Mr. Grassie and concerned citizens, my name is Wayne Casio, and on behalf of my colleagues Dr. Truss, Dr. Dorsett, I would like to thank you this morning for giving us the opportunity to present some of our findings and share some of our ideas with you. We would like to very briefly, since most of you have copies of the report, very briefly review the various sections of the report, in some of the findings. I emphasize the word briefly. I also want to emphasize that although we are speaking as individuals, the report as a whole was a joint effort and it should be viewed that way. We agree wholeheartedly on everything we put into that report. For my part, I would like to talk about how the tests were chosen and what they are. As one further ground rule I would only ask that you withhold all questions or comments till the three of us have had a chance to present. II®uIIII1IuI First of all how the tests were chosen. According to the equal employment opportunity Commission guidelines on employee selection procedures, any task or any selection device must be based on and routed in a competent, thorough job analysis procedure. Job analysis tries to do two things: it tries to identify especially in the case of police officers, what do they do on the job and, secondly, what other personal characteristic is necessary to be able to do this job well. This kind of information then provides clues as to the kinds of tests or other bases for decision that you will. use to select people. The University of Chicago, in our opinion, did a very competent and thorough job in their job analysis. They interviewed officers, they wrote with officers and supervisors to find out exactly what they do. The administered standard- ized check lists of past statements, and as well they combed the professional lite- rature to find out what other work has been done on police job analysis. Out of all of this work emerged two products. It became apparent that in order to predict police officers performance, there need to be tests in two broad areas. One of those was the mental abilities to cognitive abilities and the second broad area was the tempera- mental characteristics, behavioral style, if you will. Thus, the test that was developed included three parts: an academic screen, a validity screen and a tempera- ment screen. The academic screen, based on and routed in job analysis results, is acceptable both legally and scientifically; it includes information on, for instance, the ability to follow directions, the ability to demonstrate immediate recall of information which is either written or spoken. in short, it includes need to know not just nice to know information. Lots of job irrelevant things are excluded. It is fine in our opinion. The second large component of this battery, namely the temperament screen, focuses on psychological characteristics and attempts to answer the question - is the profile for each individual of his or her psychological char- acteristis compatible with the role demands of a police officer. Now, I want to point out initially that there is a problem when you try to measure personality characteristics in selection, and it is a different problem from the problem of measuring academic credentials or cognitive abilities. When you measure cognitive abilities, you are using tests, they have right or wrong answers, they are asking for factual information, when you are dealing : ith personality variables, then you are talking about how people feel, what their values are, what their attitudes and their preferences are -- there are no right or wrong answers. Consequently, there ought to be some check to insure that people are responding honestly, meaningfully and openly. This is the function of the validity screen and is probably the one which has come under the greatestamount of controversy. With regard to the temperament screen,is a composite of scores on six personality measures, o.k.? The validity screen is derived from the same six measures. Validity screens, or "lie scales" or "fakeability indices" have been used for a long time for many decades and they have been well ac- cepted by psychological testing especialists. Essentially, what they are trying to pick up is the amount of times a person contradicts himself. For instance, if I ask you -"do you like to get up early in the morning?" and you say: "yes," and then ,4 later on I ask you - "do you prefer to sleep late?", and you say: "yes," there is no way logically that you could be providing meaningful information. And this is what the validity screen does. Using the computer, it scans patterns of responses, and individuals who contradict themselves too often are not providing meaningful information at least not information that we can use to make a prediction as to how they/fi*iorm as police officers. Typically, there are two ways of using validity screen scores, either they can be used to throw out the scores on a temperament screen completely or they can be used in such a way that less credibility is put on the scores on the temperament screen. I should add, since we have seen the contents of the test and we have seen what the validity screen is, in our opinion, it would be virtually impossible for any normal individual who is honestly and openly responding,to fail that validity screen. We are going to get into some of these issues a little later on, Dr. Dorsett will address himself to the problem of pre -test counselling; but at this point, I think that issue needs to be raised. With regard to the validity and the fairness of these measures --and these are very important concerns-- we spent two months pouring over large masses of data, virtually all of the available evidence that is in on these tests and how they work. Much of this evidence is included in our Report. We will be happy to share it with you and happy to share it with anyone that is interested. For the present, we would like to say that in our opinion these tests work. They do about as effective a job predicting police officers performance at this stage in their development as the state of the art in per�onni1 sEi' tion will permit. In our opinion, the University of Chicago has done a competent thorough job. We find that the tests do not discriminate unfairly against any group, be they male or female, blacks, Latins or native white,Anglo-Americans. We feel strongly that, even 3 though there are problems with other aspects of the selection procedure, the problems do not principally stem from technical difficulties associated with the tests. This has been a high quality effort by the University of Chicago. Since we examined the selection system as a whole, our Report goes somewhat beyond the issues of validity and test fairness. We get into other kinds of issues which we believe are very relevant to the City of Miami especially in police officers selection. Dr. Dorsett would like to address himself to some of these issues and again, I ask that you withhold questions or comments until the three of us have finished. Dr. Dorsett: Mr. Mayor, Commissioners, Mr. Manager, interested citizens. I would like to share with you by underscoring some of the items in our Report, some of the concerns and issues that the three of us have looked at. First of all, I'd like to say that the kinds of pressures, the stresses, the strain, the kind of credibility gaps which have existed relative to this examination, are not unique to Miami. There is quite a bit of controversy nationwide as to whether tests and tests alone can do the kind of job that you are expecting these tests to do. I would like to make that very clear, if I can ---(SHORT INTERRUPTION IN TAPE AUDITION) ----...for some of our recommendations. We have them listed in two sec- tions. Section A deals with recruiting and counselling. It is our believe that if bright, competent, high potential officers are to continue to flow into the Department, the caliber of recruiting efforts must also be high. We realize and accept that Affirmative Action must be taken to attract and retain high -quality, native -white, male Americans, as well as blacks, Latins and females. The problem is serious in this case because minority group members often do less well on written tests than do non -minority members --this happens to be a reality. We see two pos- sible strategies that could be implemented to work on the area of selective re- cruiting. The first of them is this: we believe that the target group of the minority recruiting effort can be altered; that is to say, recruiting efforts can focus attention on attracting predominantly high -caliber minority applicants who are most likely to score well and be selected to attend the Academy. An alternative approach which was similar to the approach that the Tri-Cultural Program used, was to use a saturation -type recuiting method, whereby large numbers of minorities are recruited inthe hope the very best of them will be selected and will do well on the entrance examination. Dr. Truss in a few minutes will speak about another strategy that we would like for you to consider that deals with selection by a review panel. In other words, we'll be talking about using an adjunct procedure to the written e,:.imi- nation. The second area is the area that relates to fairness and credibility, and this is an area that we think needs attention as well. Many of us are aware that many blacks --many blacks--, Latins and females, simply do not believe that certain career paths are open to them. In particular, in the present case, we believe that there may be a credibility problem relative to opportunity for police work as a career. Selection procedures must not only be scrupulously fair in reality but the affected communities must perceive them as fair. The affected communities must perceive the selection procedures as fair. On page 45 of our Report, we mention that in two cases, two individuals were jumped from rank 65 and rank 34 on the positions on the Register, and they were jumped from these positions into the top 25 by award of 10 points for holding permanent positions in the Department. While we understand that this is legal, we cannot understand why the points were/awarded prior to the listing of names on the official Register, as were, for example, veterans' points and disability points. This was perceived as one more example of how the do- minant forces get around the normal civil service procedure. It may also be ob- served that such a practice is particularly disturbing since the award of 10 points is fully half the score range between the highest and lowest scores on the Register. I mention this to you, ladies and gentlemen, in that this is an example of the kind of thing that militates against having positive credibility. We feel relative to the credibility issue that stringent steps must be taken to alleviate any credibility gaps which may exist in the entire process so that trust and cooperation can be built and maintained. A third area that we were to bring to your attention is the area of counselling. We recommend strongly that the City of Miami provide free selection counselling services for those persons demonstrating an interest in becoming police officers. These seca eer ceers might include assessment of academic achievement, personali- ty assessment and/counselling. This kind of counselling would enable the persons affected to have some kind of initial diagnostic survey of their skills and abilities. At the very least, we are recommending some pre -test counselling should be given to all applicants which stresses the necessity of responding openly and honestly to all test items. Another area that we wish to bring to your attention is that which relates to local monitoring. Our observations have suggested strongly that the monitoring of the project and work linkages between the Industrial Relations Center and the City of Miami, the Commission's departments and the Manager's office have not functioned as well in the past as might have been wished. We recommend therefore that appropriate 11;111I11M11.11.11i1l11111 steps be taken to insure proper local monitoring of the project and liaison with the appropriate departments of City government consistent with dictates of a Consent Decree, even if permission of the Court must be sought. Provision also will have to be made before long for transition from the Industrial Relations Center to local Civil Service operation of the examining, scoring, etc. One or more professionally qualified persons should soon be assigned to become thoroughly familiar at the working level with all the validation data, the test of battery, scoring procedures and with a time table for periodic revalidation of the battery. The last area refers to local communication. It is our belief as a result of exa- mining transcripts of the City Commission meetings, newspapers accounts, discussions with City officials and discussions with the University of Chicago staff that there has been a lack of adequate communication between relevant parties. Both ideas and expectations were transmitted poorly between parties and this, apparently, lei to misunderstandings and negative feelings on both sides. We therefore recommend that the City Commission, the City Manager's office and the IRC make more concerted ef- forts to improve their communication perhaps by more frequent written communication specifying in detail exactly what has or will be done and what each party expects from the other. Feedback to both sides will be essential. Moreover, we recommend that the University of Chicago Industrial Relations Center staff attempt to com- municate much more clearly the project design and technical results to the City Commission and the City Manager or have a local, technically qualified representative do same. To this end, more periodic, frequent reports written in lay person's language are suggested. Dr. Truss will speak to some of the other issues. Dr. Truss: Mr. Mayor, Commissioners, Mr. Grassie. I'd like to talk briefly about how tests predict because this has to do very much with the problem with the Register and passing or not passing --- and I put passing in quotes here. I'd like to start with a simple example to illustrate what tests do. Everybody knows that tall people / usually weigh more than short people. If height and weight were perfectly related, we could use height to predict weight perfectly since you would only need to know a person's height to know his weight, but in fact, height and weight go together loosely, that is, some tall people are thin and weigh less than some short people who are fat. In general, however, most tall people will be near the top in weight and most short people will be near the bottom and medium Leight people will be near the middle in weight. That is, we can predict fairly closely but not exactly. One further point, we can improve our prediction of weight if in addition to height we were told whether the person was fat or thin; that is, if we knew both height and whether they were fat or thin, we would narrow the margin of error somewhat but there would still be error because there are other factors such as the body built and so forth that could be added in. So then, when you use tests you have to consider that you are measuring some of the factors, you have a sample of that which is going to be important in later police performance. Now, I have a couple of charts here which I think will illustrate this. (TOO FAR REMOVED FROM THE MICROPHONE --UNABLE TO HEAR CLEARLY) Passing is not related then to any statistical score. They put enough on the Register to take care of as many people as they thought would be needed in the 12-month legal life of the Register. The estimates have been 4 to 5 people leaving the force every month --50 to 60 people in a year would be needed-- and it looks as if they probably double that figure. From the transcripts, this brings testimony to us --statements before the Commission-- it is apparent that people who were not placed on the Register felt that they were being told that they were not qualified to be police officers when in fact, let's say the second one hundred, would probably have fallen in the average range of police officers, and even if you went down to the third hundred you might have had mostly people who would be in let's say,the low average, but still minimally qualified. A point to be made is --and we make, in here-- that there is probably merit in continuing to place all the minimally qualified people with some moderate chance of passing the Police Academy on the Register so long as you have a large applicant group; with a large applicant group you will still only take from the top one hundred --a simple example, if for example two thirds of the Miami police officers are above the average of the applicant group that you typically get, this would indicate that something like the top one third of the applicant group is all that should he selected an argument would be that if you had only one hundred people take the test, as I under- stand in the past you have had as few as 50 or 60 qualified because you had a very limited Register, still only the top one third or so, at most, should he selected and placed on the Register and a new examination should be given. This in order that you not actually reduce the quality of the police force assuming that it is already somewhat above average. You must select above -average applicants just to maintain quality. The present 106 seem to represent about the top 20% or a little bit more ---a little bit less, I'm sorry. I would emphasize that the --many of the problems seem to have arisen 412 SEP from the fact that people felt that they were being told they were failures and unable to succeed as police officers when in fact, even if they had been placed on the Register, the odds were very much against their ever being reached on the list. You would only reach the same top 106 as are now on the list, assuming the same scoring system. So, if you had three hundred on the list, you have not affected selection unless you lengthen the life of the list and then begin to drop down, at which time the cost goes up because of the number of failures, the proportion of failures goes way up and I have a figure that we put in the document that suggests that the 25% improvement already presumably achieved based on the incumbent study, might amount to savings of as much as arounc; $150,000 a year. This is assuming that about $6,000 per recruit is spent before he is washed out. Finally, Dr. Casio pointed out that the law, the Federal law requires that equal test scores are equal that people selected must have equal probability of performing on the job, or perform at the same level, or equal probability of succeeding, there are several ways of putting it. One approach that has been used where people are under mandate to remedy number deficiencies in minority groups is to let the test where the differences in the scores have been pointed out a number of times, are quite small and they are statistical means for saying whether you can trust a difference from 1 to 3, or from 1 to 25, or whatever it is, there is a range test that can be used, that you could treat people within the range of uncertainty where the score differences are too small to be trusted AS meaning anything as equal and then let the solution go through an oral board or some other kind of board and if this board happens to select a greater proportion of minorities and if it were legal --and this is beyond the scope -- but it is possible to treat the or ginal written test scores as a hurdle in which case those people above a certain point are treated as equal on the test scores, having passed this hurdle and then they proceed down the line to additional tests. That is all I have at the moment. Mayor Ferre: Further questions, or any questions at this point of the three profesion- als that were selected. Well. I have a few questions.. First of all let me say that I ---anything that I am going to ask or say-- in no way implies,and it is not meant to imply or question either the integrity or the common sense on the selection of any ii# individual, or the pro:_tta, or the procedure, or anything like that; these are just questions that are being asked by the community, mainly the Spanigh speaking com- munity, which need to he answered in the public forum, and they are not meant to be anything but that; I think we live in a day and age when a lot of though questions are asked and unfortunately a lot of people get offended at these things but they are not meant to be in any way offensive, we j >t live in that type of a world today, ,find I think we have to ask some of these questions. Now, first question I have, with regards to the selection process, Paul I guess you were involved in that and Paul Andrews was,...and I understand Herb what you said and I happen to concur with it, o.k.? I think it makes sere that we choose people that are acquainted with the system but ..I remember that one of the people that was being considered was Dr. Cosky and I know that that did not work out that way and we had a selection of these three gentlemen that have made the study. Just for the record, and again without any impli- cation of anything,..has any of you worked in the past or do you presently have any contracts with the City of Miami or the Police Department, directly or indirectly... Dr. Casio I in the past have worked on a grant for Metro Dade County police officer selection performance... Mayor Ferre: But not the City of Miami. Dr. Casio : No, Sir. Dr. Dorsett: I served as consultant to the tri-cultural program of the City of Miami. Mayor Ferre: All right, Sir, I just want to get this on the record. Then, two of you have not had any previous service with the City of Miami, or the University of Chicago. All right, just for the record, I want to get this very clear so that we don't have these problems coming up. Rev. Gibson: Mr. Mayor, Pute McCart, the man who worked with the Tri-Cultural Program was the man that the tri-cultural people insisted that we should be considering. And we hired him so as to give them some assurance....Yes, I want to make sure and put that on the record... Mayor Ferre: Well, you did and I understand it completely... Rev. Gibson: No, no, I want to delineate it..you know, before I said it I didn't know that Dorsett was the man, now everybody knows that Dorsett is the man; they wanted Dorsett and I insisted with Mr. Andrews, come helland high water, if this makes these people comfortable and establishes credibility for us, Dorsett ought to be the man. O.K., beautiful, let's go ahead. Mayor Ferre: One of the questions that is being asked Father, in the press, in the .11 SF_ Shnnlyh prema, In why, out of thy• three, WAS there not Homebody who was tnnver,vrtnt with the nuances of the Spanish speaking r.ommnnity, it is Il questions that hnr$ been asked.... Rev. Gibson: Let me respond. Mr. Mayor, if you tell me to get professionally capable, competent people, all I could do is to get that. I said to Rose Gordon, sitting on my right, quietly, Mr. Casio --she and I were debating, I said it might be wisdom that the City ought to get a monitoring team and one of the members of that team ought to be Latin, not Latin extraction, but Latin. Rose thought that you were...you know,... I said well Casio kind of sounds like Italian '..do You know what I mean?... So, `tr. Mayor, you are talking to an authority in minority psychology. o.k.?.. Any other question? Mayor Ferre: As you recall, we can trace the history just a little bit, the proble;a of using ---or the way we end up using the University of Chicago, comes out of the Cohen case and of the Consent Decree which the City of Miami agreed to do certain things. One thing the City of. Miami agreed to do was to select somebody capable of restructuring the exam, and putting out the exam, it had to be acceptable to the people who were participants of the Cohen decree, which are basically the black policemen as represented by their attorney. Now, we went through that process, the Manager interviewed, recommended, --Mr. McCreary,..I guess it was Justice McCreary, who was an attorney then, spoke for the people and said it was acceptable. Now, I want to specifically address myself to the Latin community that is here on this question, and as I read in the press, because for example Eddy Suarez Rivas did not understand when I explained to him this morning, I told him by order of the Court we must use somebody ----He said, well we have to get back to the Civil Service Department, let the Civil Service give the exams. Well, that is one of the reasons why the Court suit was entered in the beginning and that is one of the things that the Cohen case decided; that was one of the things that we stipulated when we signed the Consent Decree --that we would go out and find expert advice. Now, we have done that. Now, I have had my differences with the University of Chicago on several things. They've come up with some recommendations, I think we've followed them. I in philosophy concur with the opinion that psychological testing is important to have in this process. I know it is controversial throughout the United States but we are in an age where we can no longer just depend on the academic testing, because that lends itself to a lot of other problems that have been unfortunately used against the minorities themselves. So, the University of Chicago was specifically brought in as a protective measure so that they could take out of the testing procedures all those things that might he attributed to cultural or ethnic distinction so their task was to eliminate those things specifically. That's one of the things that they were trying to achieve. Now, we tried to make sure that the black community was properly protected and we questioned them on several occasions as to whether the Latin community which is a little bit different --more difficult because there you get into language, not only cultural but you get into language problems. Now, the thing that concerned most people, I want to make this specifically to Accion Civica, is not the percentage of the Latins and the blacks, because I might point out that out of 106 the percentage of minorities is higher than we have ever had before and that the Latins were specifically in proportion to the population --with- in 5% to 10%.. So, therefore, nobody can say that the Latins did not get a fair chance or that the blacks did not get a fair chance...because the results were proportionate with the population. So that speaks for itself. The thing that bothered me specifically was that out of 500 and some odd people that took the exam only 106 were so called "passed" and I think that was a very unfortunate language as you pointed out because this thing of failing or passing is very poor public relations. In other words, as you point out on page 3, they were told that they were unqualified to succeed as police officers, --and that is kind of strong thing to tell somebody who has spent an awful lot of time. So that was my first concern, my second concern is --we spent a heck of a lot of money in time and training in going through the Tri-Cultural Program -in which we spent over a quarter of a million dollars; we had legal aids on which spent umpteen hundreds of thousands of dollars on, and we have these kids that were being trained, that were being taught, that were being forced to study things that evidently were not essential or needed, so therefore, there was obviously a lack of communication between the City of Miami Police Department, the Tri-Cultural Program and the University of Chicago, because what these kids were forced to study and forced to do both as police aids...and as far as the Tri-Cultural Program was not in effect that useful in the end result which was the passing of this examinations. Then, why did we go through the whole exercise? Number three, and I think to me one of the most dif- ficult things is, the way the City handled this created a tremendous hiatus in credibility. I think there...the Latin community in particular was just distressed and has completely misunderstood that so many people that were qualified did not make it. And I might point out that it wasn't just the Latin --the so-called Latin press, it was the Miami Herald. A feature story on Ana Maria Morales, and this is the Spanish Herald that says -"The police rejecture"---and you know, this was highly publicized. As a result of that, we get people like Mr. Luis Abines, the President of the Latin Chamber, Accion.Civica and many other groups writing letters and protesting this whole process and, unfortunately, a lot of it is based on a lot of misunderstandings as to what this is all about, and I'm sorry I've got to put it that way.. But I think the Public Relations of this was just atrocious, and the effects of it is to bring down the interest of an awful lot of people in the community, and lastly...in applying again for the job, and lastly, you get some specific questions. You get people like Ana Maria Morales with an A average in Dade County Community College and Florida International, who was an outstanding cadet at the Police Academy, an outstanding Public Service Aid in the Miami Police Department, she took the Coral Gables Police Exam and passed it with high grades and is now a police cadet at the Academy, the same Academy we sent people to with a 99 average in her subjects,..right now, today, and how is it possible that she could not even get into the first 106, you know...These are specific questions. I give you the case of Jose Pinon who took several police tests. Got 98.8 in the Miami Beach Police Exam, 95% in the New York Police test, 93% in the Metro Police test, he speaks as I understand it four languages- he did not even get a place in the first 106. There is a second case. And these are just --on the contrary, without mentioning a specific person, there was a person who placed No. 17 in the Chicago test and that person has had nothing but problems in the Academy, they almost dropped out on several ocassions, has had to be given special training to graduate, and so on.. The question of course comes up as to the validity of the validity of the validity... We are not questioning the validity of the Chic_ago....but all of these things keep coming up. Now, I think the fact that there is so much turning going on in both the black and the Latin community on this whole thing is the reason why we come to this point. Now, in closing my feelings on this, I accept the Report made by Drs. Casio, Dorsett and Truss. I must admit that I am concerned about it because if you give it...this is a high -quality test development with modern and appropriate technique representatives of the state of the art in personnel selections that are being applied. You could not give them a higher recommendation than that. Number two you say the basis upon which the tests have been constructed and the scores which result, approached the limits of what a testing program can achieve. It furthers substantial improvements in the predicative accuracy of the test battery is virtually certain in normal follow-up procedures are permitted during the coming year; so you are obviously saying that we should permit this to get the benefit of 'he full thing, and to let it continue.Then ye.i say that the registering of 100 names should provide more than enough qualifications so that from a pragmatic point of view we don't really have a problem since you don't think there will be sufficient place; even to fill the 106. Then, you come up with a question of the Public Relations approach in telling people that they are unqualified --which I think is a wise ob- servation, and then you come up with your specific recommendations. You say that we ought to pay strong attention to recruiting And what did we do with the Tri- Cultural Program?...and where did the $300,000 go to? You ask all of these people in the Tri-Cultural Program and they are up in arms about it, they are all upset... almost all of them.. I think you have a valid point here. In our counseling procedure,we have to try ` to meet the above average requirements that are needed to succeed and we ought to start weeding out people. One of the things that bothered me about the Tri-Cultural program is that what we, in effect, were trying to do is to take people that we knew were not going to make it and try to beef them up so that they could make it and t think perhaps we would have probably spent our money a little bit better if we had weeded out some of the people that obviously were not going to make it and concen- trate on the ones that had a chance to really get them through. Now I agree with the point about it being less expensive and that's the first time 'I've heard this and it's the most valid thing. That is alot less expensive even if it costs us $275,000.00 to get this e::arn ane. heed out people than spend several thousand dollirs in the academy and then drop it later on so those are my comments and those are my questions and if you want to answer any of these and then I'll open it up for anybody else that wants to. Capt. Reese: I'd like to respond to one of the issues that you mentioned, Mr. Mayor. I think that most people will agree that the results of the exam indicate that there was a fairly representative number of blacks, females, and Latins who so-called l issed the examination, I think that's one of the hurdles. It seems to me that the next step then is to insure that those who passed the examination do, in fact, get to he Academy. It is my understanding that there is a training procedure that is engao.d in by the Personnel Department within the City of Miami Police Department. Now there is a likely chance that at some point that screening somehow will distort the representativeness of the people who have so-called passed and I would ask th' Commission to take a look if you will at the number of persons who are on that register who are either in the Academy or eligible for the Academy to see that thy' S�.P 1"'r kind of representativeness there among the 106 continues. Basically what I'm trying to say is that we, most of us will stipulate that, the representative number who passed but again, is the number that gets into the Academy again representative and this is a question that I would have to ask. Are they County residents, for example; who are on the rouster; who, perhaps, will not be able to get into the Academy. So this is an area that we think the Commission ought to be sensitive to. Mr. Plummer: I caught that one but let me tell you what you didn't catch, okay, and it's something that you all better give some thought to. All you're saying is good and great because what you're actually done is you've brought them to a point of getting them to school but where I direct your attention is in the most important thing that all of you have seemed to overlooked and that is a little slogan that I live by. "The only way to measure ability is in results." And I comment to your attention that the results coming out of that Academy are in no way reflective of the exam, of the community or in any way trying to achieve what this Commission is trying to achieve because when you have people, and I will not bring names, that have to be re -cycled through an Academy on three different occasions, that tells me something. When you have four people that are bailed out at the same time because they can't speak the language, they should have never got there so you're not accomplishing anything so I commend to you that all of this is well and good and as you say, on projections, it should attain us certain results. My response to you is what it should be doing, it isn't and to me, the most important thing is what is the results for the City of Miami for a better Police Department. I don't think there'd be an attainment. Dr. Truss: We come back to the state of the question. The tests are im- perfect. Any selection procedures are imperfect. The best I know of are perhaps twice as good as you have now and on a certain scale that means that tests have to be regarded as a sample of all the relevant factors and that from time to time you're going to have people that pass the test who are bad for the Police force in ways that the test did not measure, they're not sampling that area yet. To answer the question that Mayor Ferre put about the people that had trouble in the Police Academy, the academic screen was deliberately set very low to allow for the known deficiencies of some minorities in passing academic work. It meant that these people psychologically were perhaps right for the police force but they had a minimum chance but a reasonable chance of getting through the Police Academy, those that worked very hard and so forth. Mayor Ferre: You talking about academic reasons? Dr. Truss: Yes. Mayor Ferre: Well I'm talking about just the opposite. I'm talking about a person who gets a 98 on the Metro test, a 99 on the New York test, a 98 on the Coral Gables test and then doesn't pass ours. Dr. Truss: We talked about this in length and the best notion as to what probably has happened here is that, particularly in these Police Service Aides and others is that someone has coxed them into the psychological picture they're supposed to be giving and when they try to do this, they're unable to pass the validity screen. Mayor Ferre: Don't you see that that's exactly the thing that I keep harping back again. Look, let me tell you, and this is a harsh statement. We take all these kids, we make them public service aides, then we start brainwashing them in what it takes to be a good cop and we just pound that in them. Now if they answer according to what they have been taught by the police department as public service aides, as I understand it, that kills them on the validity. Dr. Truss: If they do it correctly and what they're being taught is different from what the profiles were that were developed by the police themselves, the early charts that you have there showing the profiles that were developed by the black supervisors, the latin supervisors and the non-latin white supervisors, are all closely similar as to the qualities needed on the psychological profile and unless someone is teaching them different, the psychological profile is set up to select people who are close to that profile if you don't pass. Mayor Ferre: Well then that statement is not true. In other words, what they've been taught, because the statement has been made here that what these public ser- vice aides have been taught in fact was detrimental to them passing the test and the fact is that most of them failed. I think there were very few of them that passed. Dr. Truss: No, the PSA's, about 30% survived, both those that were already working and those that were applicants as compared to about 22% overall that survived: Mayor Ferre: Well that's what I said, most of them failed, 66% failed. Dr. Truss: But the failing here comes back to that business of passing only minority. Only 30% were in the top 106 but it's coupled in with this other pro- blem of a short register. Mr. Plummer: Jim Reese, let me ask you a question, I see you sitting in the back. Of the 106 register that was established, how many of them were bailed out prior to meeting the requirements of the Academy? Do you follow my question? You had 106 established on a register, correct? Alright, of that 106, they then had to go through a personnel board hearing? Capt. Reese: They have to go through a selection process. Mr. Plummer: Alright, part of that process is also the medical, correct? Capt. Reese: Yes. Mr. Plummer: In other words, they do that after they've subjected them to all of these other procedures. Capt. Reese: No, we give them the medical up front in the selection process. Mr. Plummer: Prior to the examination? Capt. Reese: No. Mr. Plummer: In other words, they've got to go through all of these procedures and what they're recommending, even further procedures of more counselling than beforehand and quite possibly a person could get bailed out for medical purposes. Alright, now that 106 is established, correct, and by the way, I think that that is tremendous flaw and he brought that out very clearly. Okay, that's number one. Of the 106, how many are now passed all boards that could be acceptable? How many have been accepted? Mr. Grassie, I didn't mean to bypass you and if you ob- ject to this I'll go through you. What was the date of the establishment of that register? Capt. Reese: May of '76, I believe. Mr. Plummer: Excuse me. Capt. Reese: I think it was May of 1976. Mr. Plummer: June, July, August, September, so we're into the 5th month of the established register. Of those 106, how many can go into the Academy today if we had the openings? How many have been bailed out is what I'm looking for. Capt. Reese: 5 can go in. Mayor Ferre: How much?! Mr. Plummer: 5 of the 106. Now are you telling me that your Board and your processes have seen 106... Capt. Reese: No, we haven't. We haven't seen but 50. Mr. Plummer: So you've seen roughly half and of that half, only 5 are acceptable. Capt. Reese: Well four has already finished the Academy, we have about 5 in the Academy now and we have about 5 ready for... Mayor Ferre: Sir, let me interrupt you for a moment. Mr. Grassie, you just men- tioned to me that we were going to adjourn right after this item and reconvene at 4:00 to continue this morning agenda. We're going to reconvene hopefully at two for the other things that are on the 2:00 agenda but if that's the case, then why should we make all these other people wait for everything. Now is there anybody who is going to be... Mrs. Gordon: Mrs. Verrick has been waiting all morning. Mayor Ferre: Mrs. Verrick. As far as I'm concerned, I'm perfectly willing to stay and hear this item that you're interested in. Do you want to hear it this morning, Elizabeth? (INAUDIBLE) Mayor Ferre: You've been waiting for three hours. I think we're going to have to listen to that. Are you willing to stay through or would you come back this after- noon? (INAUDIBLE) Mayor Ferre: Well we'll do whatever you think is right so you tell us. You want to hear it... If you have any... Alright, then we will listen to Mrs. Price. I hate to do this to you to cut off your presentation like that but we'll listen to her presentation briefly and then we'll have to... (INAUDIBLE) Mayor Ferre: Could she make it back here this afternoon? (INAUDIBLE) Mayor Ferre: Well I apologize to you. Then the Chair will do it this way. After adjourning on this item, and I think this will take another half hour at least, then we'll come back at 2:00 and we will go into the 2:00 agenda and we will pick up at 4:00. Is that right, Mr. Grassie? Mr. Grassie: Yes, Mr. Mayor, 4:00 for everything that remains on the Committee of the Whole Agenda, this morning's agenda, and that includes the two Workshops, that includes your Workshop. The Dinner Key Workshop and the Coconut Grove Incinerator Workshop. Mr. Plummer: Okay, getting back to the answer I'm looking for, how many people... Let me ask it in reverse, maybe it would be easier to answer. Capt. Reese: I understand what you want and let me shed some light on it. Eight people have been removed from the register because residence. We have possibly 3 more on hold now... Mr. Plummer: That's fine. Eleven have been possibly, eight have definitely beer rejected, three have possibly. How many other people have been bailed out of the 106. Capt. Reese: Fourteen have been rejected so far. Mr. Plummer: On what basis? Capt. Reese: Various reasons, medical, background... Mr. Plummer: Now this is out of 50 people, is that correct? Capt. Reese: Well there has been 50 referred to us already. Mr. Plummer: Alright, so out of 50 people, 11 and 14, 25 of them have already been canned. Capt. Reese: 14., About 8 of the 14 had residency problems but 14 have been rejected so far. Mr. Plummer: 14 have been rejected out of 50. In other words, what you're telling me is you have four graduated, 5 in school and 5 ready to go is 14. Is that correct? Capt. Reese: No, there's been 14 rejected. Mr. Plummer: I understand, Jim, but ready and already you have completed 4 in school, you have 5 presently in school and you have 5 ready to go to school, that's also 14. Okay, that's 28. Now what you're telling me then is out of the 28 there are another 22 who are readily acceptable to send to school? Capt. Reese: No, they're in the processing now. We haven't completed processing the 50 yet. Mr. Plummer: You want to know where your problem is? I'll tell you where your problem is. Alright, let me ask another question. Of the 4 that have graduated, what is the breakdown? How can four people be difficult? (INAUDIBLE) Mr. Plummer: Yes, a female. Father Gibson? Rev. Gibson: What? Mr. Plummer: I want you to hear this answer. Rev. Gibson: Alright, I'm right here. Mr. Plummer: My question is, of the four people out of the 106 who have graduated so far, what's the breakdown. Capt. Reese: The breakdown is 3 white males, 1 latin female. Mr. Plummer: One Latin female? (UNIDENTIFIED SPEAKER): And you have one black male and one latin male from the prior register. Mr. Plummer: I'm not talking about the prior register, I'm talking about this validity. (UNIDENTIFIED SPEAKER): Okay, the four people are 3 white males and 1 white female. That's the four people. Mr. Plummer: Okay, now let's go to one more step. The 5 people you've got in school, give me the breakdown. (UNIDENTIFIED SPEAKER): You have 2 black males, 1 latin male and 2 white female. Mr. Plummer: And the 5 that are ready to go to school. That have been qualified. I think your problem is you have too many studies and too many papers. (UNIDENTIFIED SPEAKER): I would have had these answers ready if I knew you were going to ask them. Mr. Plummer: If you didn't think I was going to ask, what are you doing here? (UNIDENTIFIED SPEAKER): You have 4 white males and 1 latin male. Mr. Plummer: Any more questions asked? I still bring back to you that the three educated highly professional people, the results are not being produced. You can take your self into oblivia. You're not getting what you're trying to accomplish. Captain Reese: During the calendar year 1975 we hired 67% minority police officers. Mr. Plummer: Yes, but, you can kid yourself, the results speak for themselves. The results speak for themselves; nothing else, nothing more. I would like the break- down of the 14 who were bused out for whatever reason, between the test, and between the academy. I would like to see the reasons for that. Unidentified :There is one white male, two white females, two black females, 8 Spanish males, and one Spanish female. Mr. Plummer: Not the break -down, I want the reason why. Mrs. Gordon: Let's hear it, if we are talking, let's hear it all. Why? Mr. Plummer: You are not producing results. I brought it before, and I will bring it up again. Out of 15 people running that school, how many representatives do we have? The largest municipality; ---determining the policy of that school, ----one. You know how much 1/15 of setting policy is? Not a lot. Why are the people in th;it: school taught to use Metropolitan Dade county's forms, but we have to bring them out once again recycle them and show them how to use the City of Miami forms. Am I right or wrong? Captain Reese: We brief them after they get out in specifics of the City of Miami report writing. Mr. Plummer: That is correct. You have 1 input out of 15. But I still going to make this point. I have made it two years, and Ithink that moreso these days go by, the result is not there. You can put blame on the University of Chicago, you can put blame wherever you want, but until you start getting the result, I am going to keep harping. Unidentified:I agree with you Mr. Plummer, but the issue here today is examinations of the University of Chicago. Let's get that done then let's work in the police academy. Mayor FErre: All right, Mr. Gonzalez, if you want to talk, I recognize you, but get right to it. Mr. Gonzalez: Yes, I will get right to it, like Mr. Plummer was getting right to it. I am here speaking, presenting the views of the Spanish-American League against Discrimination, S.A.L.A.D. the Latin Chamber of Commerce and Accion Civica, and also my own as a member of the Affirmative Action Board of the City of Miami. In our view we cannot accept the recommendations of the evaluation team for the following reasons, the Chicago tests have had a disparity effect on minorities. Rev. Gibson: I didn't hear it. Mr. Gonzalez: The Chicago tests have had a disparate effect on minorities. This fact led to criticisms specially from Latin organizations which charge that such a test was discriminatory. This commission then appointed a three -member evaluation team to determine whether the Chicago test indeed discriminated against ,- Latins and other minorities. This commission however in what seems a tremendous oversight failed to make sure that the evaluation team included Latin representation. The issue to me is not whether this team of three psychologists had the professional expertise to evaluate the Chicago examinations, I know professionally two of the three psychologists involved in this, and their credentials, and their credentials are beyond question. The real issue is a lack of sensitivity of this commission. Mayor Ferre: So nobody gets confused, you are not saying the third one has no credentials. What you are saying is, that you know of two. Mr. Gonzalez: I am not implying the third one has no credentials. I am sure he has. I am saying I have had professional assiciation with Dr. Truss and Dr. Dorsett. Mayor Ferre: I want to get the record clear so nobody takes offense. Mr. Gonzalez: I am not challenging their credentials. Let me make that perfectly clear. What I am saying, is that this commission in failing to include a Latin has shown a tremendous lack of sensitivity, to the Spanish community who started objecting the test in the first place. The charge made by S.A.L.A.D., Accion Civica and C.A.M.A.C.O.L. was that the Chicago exam was "socially biased." It seems to me that until a team which includes Latins, reviews and evaluates the examination in question, this commission cannot accept any recommendations or act upon evaluations which excludes Latin input when 54% of the City's population is Latin, will only intensify the mistrust which already exists between the City govern- ment and the Latin taxpayers. There exists a credibility gap here and if this com- mssion persists in exluding Latin input, such a gap is bound to widen. It it not enough for Rev. Gibson to say like he said this morning, that he was fair. I think that he also has to give impression of fairness, and I charge that you have failed to do so. REv. Gibson: Make sure I understand what you are saying. Mr. Gonzalez: Okay. I will repeat it. You said this morning that you were fair in the selection procedures that resulted in electing a team of three psychologists, none of whom was Spanish. Rev. Gibson:Let's get it right, at the point. Tell the commission that you were one of the men who told me that you trusted Dorsett. Didn't you tell me that? Mr. Gonzalez: Yes. Rev. Gibson: I thought I would be able to tell the public. Let us make sure and I want the commission to not be unaware, don't tell me to get a qualified team, 4' and then when you don't get the answer you want, then the team is not qualified. Make sure, ---I could speak as a minority. I thought we had better get that in right there. Mr. Gonzalez:I think as you said before, you are an expert of minority problems. I think that you better than anyone else should have known that to exclude Latins from this controversial issue or whether the tests were culturall' biased or not, whether you were fair or not, certainly does not give impression of fairness. I think that if you had been here and blacks were excluded from that team, you would make the same point I am making. You have excluded Latin representation and the charge was that the test was culturally biased. Therefore in order to respond to the Latin committee that believes you should have done was to make sure one Latin members was included in that team in order to narrow the credibility gap between this commission and the Latin population of this community. Rev. Gibson: I want to agree with you,but I also want to say, I understand what you are saying. Notice what I said about the men who would monitor the process. When we were trying to find capable people. We just don't want a guy who speaks Spanish. Mr. Gonzalez: I will give you off the top of my head the names of 5 psychologists that are Latin, University professors. REv. Gibson: We do no only want a guy who speaks Spanish, we want a guy who is, you see, I hope all of us are hearing something that needs to be heard. We want a person who speaks Spanish who is competent to evaluate the Chicago outfit. We asked, Paul Andrews and Theodore Gibson asked for names of people. My brethren I discharged my duty as honestly as I know. All of my life I have been in the position where you are. That is why I raised the question. Let me make another ancillary statement, that a lot of my Latin friends don't understand, and a lot of white Americans, when I nominated that man for Manager, I nominated him because, and you may not want to hear this, because I wanted to avoid the very same kind and kinds of things, that I am hearing and have heard. He can't tell you, so it could all get on the table, and one of the days, as I said, white America is going to thank me. He can't tell you he doesn't understand what you said. He can't tell that he doesn't understand what Reboso said and he can't tell you he doesn't understand what I am saying. I hope I made my point. If you have the man, give me his name now. Mr. Gonzalez: I'll tell you the names. Rev. Gibson: You can write them and give them to me. Make sure he brings his credentials. Mr. Gonzalez: I think you are implying that you have not been able to find a Latin who is competant to evaluate this test, and I think that is a lot of bull. This community is full of Latins who are very qualified to have participated along, --- the members of this team, who are also qualified members of this community. Mr. Mayor let me make sure everybody understands, Paul Andrews and I asked ------Parades was the conduit man. Mayor FErre: Mr. Parades, is he here? Rev. Gibson: Yes. Mayor Ferre: We are getting into pretty heavy things here. Before we get any deeper, ----the Spanish community is represented by various organizations here, are asking, and I think it is a valid question, why somebody who is sensitive to a minority which is a majority in this city, was not included or at least, -I heard Jesse McCrary and many blacks come before these microphones, people we all respect and made blanket statements, that nobody could understand the black problem unless they were black. I don't know whether that is true or isn't true. Thst is like saying you can't understand the problems of poor people unless you are poor, so I ask how about Franklin Roosevelt, and Jack Kennedy, and Adlai Stevension and a lot of other people who did not do too bad. So I don't know whether I accept all of that. The point is this. I think it is a valid statement that if you are dealing with a Latin problem, there ought to be Latins, ---so I think it is a valid question. Since this thing was set up as a committee of one, and Theodore Gibson was chairman, of a committee of one, and since he in effect deair: through the administration, and since Mr. Parades you are a Cuban -American, and since you were involved I think this might be time for you to give us some lighr. Mr. Parades: Two names were submitted of Latin psychologists --one was IS Fernandez Ragozo which was mentioned, and I don't know if at that time he wasn't in town or he was travelling, the other one I think was Martinez Monfort, that also was submitted to Mr. Andrews. Mayor Ferre: What happened? Mr. Parades: The names were submitted and the selection process took place. Rev. Gibson: Mr. Mayor, it ought to be said also, now you handled the whole deal. Didn't you tell us those men were not available for the summer? Didn't we get a mandate from the commission to immediately press forward. Mr. Parades: Yes. REv. Gibson: Tell the whole story man. Mr. Parades:That is right. Rev. Gibson: Okay. We didn't exclude them my brother. They were not available at the time. Mr. Gonzalez: The fact remains that in the evalutation team there is no Latin representation. Here is a list of 5 Latin psychologists that I will submit. Mayor Ferre: You made a pretty strong accusation that this commission had been insensitive. That is pretty strong. You said to Father Gibson that was a lot of bull, and I think you have to be careful. If we had someone from the administration who is sensitive to the Spanish, I think you have to be careful how you, Mr. Gonzalez: I have to go by what this commission does. The record shows that it has been insensitive to the problems of the Latin community, and here we have just one more example of that. A lot has happened in the past, that shows it is insensitive to a Latin community. Let's talk about the issue at hand. I think we are all better off. Mayor FErre: Doctor? Dr. Casio: May I respond please? Have you read the report? Mr. Gonzalez: No, sir. I am not questioning the report, I am questioning the process of which that report was arrived at. Dr. Casio: You made a statement the tests were culturally biased. Mr. Gonzalez:I made a statement that there were accusations from different Latin organizations that the test was culturally biased. I do not know that to be a fact. I think is something that has to be evaluated by a team. But that team should not have excluded Latin representation. That is my charge. I am not challenging your credentials. Dr. Casio: Let me read you some figures. Some bottom line figures, we have tabulated the terms of the proportions of each protected group, as well as the majority group, passing each of the three screens. I am only going to read the bottom line. Those who passed the whole thing, are on the register of 106. In terms of native white Americans, they are 19.5 percent, in terms of native black Americans there are 7.2 percent, black males, in terms of Latins, 22.7 percent passed the entire screening process. Mr. Plummer: I am sorry. You are wrong. That is one of the points I am trying to bring out to you. Not the entire screenign process Dr. Casio: The three components of the test battery. Mr. Plummer: Fine, now we are on, you are leaving out the big element. Dr. Casio: That was not our charge. What the results shows then, and you are welcome to examine these if you care to, that if anything the Latin group ha,; been slightly favored over the other two groups. Test fairness is a legal and C fl 1 attd scientific issue, decided in terms of evidence and ruled upon in court every day. In order to evaluate the issue of test fairness, or test unfairness, this is a statistical issue. The issue you are talking about is cultural bias in the test. It is illegal to favor one group, if you will, and that has traditionally been the charge with I.Q. tests that were standardized by middle-class,white Americans, that they were culturally favored. If we can show for example that the percentage of white Americans passing this test is significantly larger thatn Latin Americans or Black Americans, then we have prima facie evidence of adverse impact that it is cultural bias. No such evidence is in the statistics that we have available, based on test performance. I can't speak to the larger issue of the entire selection system, but based on what is in our report, and what our charge was, tests which are fair, or blind to ethnicity .I think if you take the time to examine the statistics here, you will see that the test is fair. Mayor Ferre: What you are saying is that the results, are such, I don't understand how you take 22%,---I added all this up. That doesn't make up 100. It was more than 22%. Out of 100% how many were Latins? Mr. Grassie: If you start with 207 Latins at the top, Mayor, and you end up with 47 coming out of the process, that means that 22% made it. Mayor Ferre: Of the 207, 22 made it? Mr. Grassie: Which is higher percent than any other class. Mayor Ferre: Out of 106, 47 were Latins, just under 50%. Mr. Plummer: What you are saying is, in your estimation, there was no cultural bias. He is saying there were accusations made, and this team is standing here saying it is not the case. If anything it is the other way. Mr. Gonzalez: I am saying there was a cultural bias in the selection of the team. There was no representation from the Latin community in the team. No competent phychologist. Mr. Plummer: Why was that question raised? It was raised as you indicated, because it has been said that there were cultural bias on the examination. All I am saying is, that you, a non-professional made these statements or accusations. Three professionals are standing here telling us, a so-called insensitive commission, that if anytying it is more leaning toward, rather than discriminating against. Am I stating it correctly? Dr. Casio: Correct. Mayor Ferre: You are talking about the steak and he is talking about the sizzle. He is not interested in the steak. Don't you understand that? Mr. Gonzalez: I insist and I will stand by it, that I think it was a lack of sensitivity of this commission -- Mayor Ferre: Are you accusing Joseph Parades of that, since he was involved in the selection process? 0r accusing the commission? Mr. Gonzalez: I think you are ultimately responsible to all the people who elected you. Fifty-four percent of the population of the city of Miami is Latin. I think it behooves this commission to make all efforts to insure that its credl]ility_ vis-a-vis, the Latin community stands. Mayor Ferre: That statemenet I agree with. That is a very different statemeit. Mr. Gonzalez: I have never challenged the results of that. I am not even de.tling with the bottom line. I am saying, let's not accept that until there is a lair plocess by which a Latin psychologist would have been included in that. Mrs. Gordon: May I ask a question? It looks to me like we are on a bip, merry- go-round. I don't know where you are trying to get off. All we know, is we have an exam, three phychologists to examine the results and said it was not a bia:ied exam . The proportions of those that passed indicated there was a high proportion of minorities that were on the eligible list. What do we want to do again? Get three more psychologists? Are we the hypochondriacs, we can't find a doctor that tells us we are sick, and go to another, and another until we find one that operates and we die? What are we trying to do? Mayor Ferre: I think he has a valid point to this extent. I think what he is saying is that in our selection of people, that we should be sensitive to choosing people who can deal with the Latin community. The very same argument that you and I have used,for example, to have women included in the Orange Bowl . Mrs. Gordon: I take exception to the comment we are insensitive. Mayor Ferre: I do too. Mrs. Gordon: I take strong exception to that. If there ever was a commission that was sensitive to people, it is this one, in total. Mr. Gonzalez: I understand why you would take exception to it. All I am saying is, I think, and this is my recommendation to the commission, let's not accept that report until we can find a Latin, competent psychologist, to go over the examination, to agree or disagree, with that and from now on let's remember that 54% of the people in this community are Latin and they should be included in every aspect. Mayor Ferre: Thank you very much. Mr. Grassie, I think from a public relations point of view, so we can move ahead, I think it is a valid request that we get, -- I would do the following. I recommend this commission approve that you select a Spanish speaking, competent, qualified Latin psychologist to sit down with the committee and review their findings and either concur or not concur. Mrs. Gordon: I move that Mr. Mayor. Mayor Ferre: They are talking about betting a professional. This is all sizzle, there is no substance to it. Let' prove it. Rev. Gibson: Since I was chairman of the committee,' pointed out, and my brethren, I am more sensitive to this problem that you have any idea.I pointed out to the commisson what took place. I said to the commission, it might well be. I hope my Latin brothers won't be talking but listening, and the Mayor included and Reboso too. I said at the very beginning in my presentation, I said I hope that you will add one other person. We tried to avoid this, we said to Mr. Parades when we were doing our do's, the people who are here making their presentation were concerned about the time element. We wanted to conform, everybody was saying get it done. When we went to look for the people, they were on vacation or otherwise engaged. They could not. We, your public officials, were sensitive my brother to what you were saying. Before you do anything else, let me warn this commission. This is the'voice of prophecy. My brethren I want you to listen to a man who has gone through a lot of the anguish you are dealing with and talking about. One of the things I have done for this com- munity in my 30 years of pastoring a church, and incidentally some of you just came here, I was born and raised here. I saw to it, and maybe I was too patient that what I think may happen, or where I think we are headed to, that we never let it happen and we were not led in that direction. I urge for the welfare of this city, to think and rethink some of the things I hear, some of the attitudes I see, exemplify some of the tempers that flare. One thing is sure, as long as you have the body, you can administer to it and hopefully cure it. I am going to say that again, once you have the body, you can administer to it, and hopefully you can cure it. Don't let us lose the body at which time we will not be able to administer to the body nor we will be given the opportunity to cure it. Mayor FErre: Any other statements to be made? If not, I will say that I think the presentation has been biased, most unfortunate, completely political, and unreasonable. I think you have done a lot more harm than you have done good. I. don't mean to cast any personal statements in this thing, but you come here accusing this commission of being insensitive, and yet you don't have the courage to stand up and tell Mr. Parades, because that is not political expedient, see, who happens to be a Cuban -American, and who happened to be from the administrative position in- volved in this, but you don't want to do that. That is not politically expedient. So you cast aspersions here on the 5 of us, and in my opinion is nothing but a cheap political shot. Mr. Gonzalez: I would like to respond to that since you make personal mention to fie Mr. Mayor. I think it behooves this commission, not to make the mistakes of the past, not to persist making the mistakes of the past. I think it behooves this commission, to make sure every aspect of the decision making process, Latins are included from now on. I think it behooves this commission to make sure they not only act within their heart, with a sense of fairness, but that sense of fairness is manifested by their actions. I think that as long as that continues to be the case like today, I will continue coming here and I am sure many people will continue to come here making sure that they challenge you to be fair not only in spirit but also in your actions. Mrs. Gordon: Mr. Mayor I can't let this go. Were you here to challenge us when my vote was appointing vote that Commissioner Reboso became the first Latin Com- missioner. Were here to challenge me? No. Mr. Gonzalez: No, but I did vote for you because of that, partly. Let me make one thing perfectly clear. I come here when there is something that I feel strong about, when I feel that there has been injustice committed, I will come here and speak up. If you are doing your job the way I see it, I will go and vote for you in the ballot box, as a citizen. Mrs. Gordon: Let me say, only once, not to berate you, but simply to make you understand that at no time that I can ever recall, have we, and I speak for myself and my fellow commissioners, ever, been unfair, unjust, biased, against, minorities. We are not. If sometimes you think we are, then you are expecting more, you are expecting reverse. We try to be fair, we want to be fair. We are fair to all the people, but please next time you come here, understand we are doing our job, and we were elected by all the people and we have to do our job for all the people. We do as good a job as we humanly can. Thank you. Mr. Gonzalez: Don't take any offensive reaction to this kind of thing. I am just trying to point out that today, like it has happened in the past and I hope it will not happen in the future, there was a process set out that excluded Latins from it. I think that is not fair, and I think the Latin community will not stand for it. Mrs. Gordon: We were not even involved. Mr. Parades was involved, you didn't condemn him, as the Mayor just said. Mayor Ferre: He made a condemnation of Reboso who happens to be Cuban, I happen to be Puerto Rican, he has condemned the two of us along with the three of you, and Parades by implication. Mr. Plummer: I have heard all of this, and I am glad to hear it, I am not really glad to hear it, let me correct that statement. I didn't make the selection of those three. Neither did Parades, neither did this gentleman. I have th confidence in Theodore Gibson ---- Mrs. Gordon: --so have I, Mr. Plummer: ----that he would go out and choose the best three qualified individuals. I still bank my confidence on Theodore Gibson. Mrs. Gordon: And I trust him. Mayor Ferre: And I join that. Rev. Gibson: In all our heated discussion, let me say this, that one of the rules of the game was, that the Chicago outfit, would have to approve the professional qualification of the individual or individuals. If you give me the names as you have sir, you can do this commission a service by getting their biographical sketch or vitae, whatever you want to call it, so that we can make it available to Chicago, and Chicago must say, that they are qualified according to the requirements of the game, the rule of the game. Not according to your rule or my rule, but according to the rule set forth, professionally. If you don't want to do it that way then, you put me in an awkward position, because what we did w:is after Mr. Parades was staisfied, we said to Mr. Parades, send the biographical sketch and professional status of these individuals to Chicago. Chicago said we accept Lt. Theya re qualified, we will cooperate, we will give them any information we wish. They can come up here and look at our business. I want to make sure that we don't at anytime overlook that basic requirement. Mt. Gonzalez: Rev. Gibson, just one question to you. Are you really satisfied with the fact that there was no Latin representation in the evaluation team? Rev. Gibson: Sir, what you are forgetting is, I raised the question at the beginning. Mr. Gonzalez: So you agree with me? Rev. Gibson: No,no,no,no,-----if you ask me that way, then you are preempting the understanding anybody who reads that in the paper, and does not read that I raised the question, and that Mr. Parades who is a Latin, was satisfied and Mr. Andrews left the entire arrangement up to Mr. Parades. If I am not telling the truth, Mr. Parades, so it won't affect you later on, you stand up to the mike and say Gibson is a liar. Or if I am telling the truth you can stand up and say he is telling the truth, so the record could reflect either way. Mr. Parades: You are telling the truth. Mayor Ferre: Why don't you answer him so he can hear it straight from you. Mr. Parades: It is a question that two names were provided and the two names somehow they were not available. Mayor Ferre: It is unfair to impugn his participation, Mr. Parades: If there is some failure, then I will share whatever failure there is or perhaps I will take the full failure of it, but I realize what you are saying. Out of all of this I think perhaps what we can do is to only have one of the 5 you have mentioned, work with the group, but perhaps to continue to work with the University of Chicago from the local point of view, from a technical point of view, because today, what we are looking at, from my perspective it's the final action in a long-term process. I think the question of credibility it is a very real issue. Today it 13 one small drop that has cost the action that we have seen today. I agree with you, and by the same token, both personally and as a professional in the administrative staff of the city, there is no way I would impugn Commissioner Gibson. ON the contrary, he did show concern since the beginning to have a group that would be sensitive. Again, perhaps we from now on will be even more sensitive to it. It here is blame, I will publicly take here the blame for perhaps the fact of not searching further into additional people that were qualified. Mr. Gonzalez: I think I am satisfied with what I heard from the commission, that ---- Mayor Ferre: I am not satisfied with what I heard from you. Mr. Gonzalez: Don't vote for me next time. Mayor Ferre: I did vote for you last time. Mr. Gonzalez: Okay, thank you. My point is, I am not here to satisfy you. I am here representing a community that feels very strongly about something. I think I have expressed very accurately their feelings about this, and I have to stand by what I said. I hope as you have indicated, that you will move not to accept the recommendations of this team, until we can find a Latin, competent psychologist to evaluate that, then we can proceed. Mayor Ferre: You made your point, the 5th time you repeated it doesn't make any difference. So you made your point. Anything else on this matter? Ms. Ricky Camenitti: My name is Ricky Camenitti, and I came as a witness to all of this going on. I too, feel very strongly about all different groups. At one time or another, each of us came from some ethnic background. It was not too long before the immigrant accepted this country as our land, not his, or hers, or theirs, ---ours. They learned the language and the laws. It didn't take too long before we had to learn them. Even if 54% of our population was invited to thin country to be a part of it, how much longer will it take to drop the issue of Latin Americanism, and just simply use the term American, or people. There is a sensitive instance in this particular case but we are people, in this community, rather than Latin American, or Italians, or Jews, or whatever we happen to be, we . ; y are still Americans, and that is how strongly I feel about this whole situation. Thank you. Mayor Ferre: Thank you Ms. Camenitti. Is there anything else to be discussed. We never got to the University of Chicago. These people flew down from Chicago and we haven't even heard them. Look, those of you who have to go, and there are responsibilities and people have made commitments. Dr. Madelyn Baer: I have no plan to make a speech, Mayor Ferre and members of the City Commission, I just want to say on behalf of my colleagues, Dr. Fox and myself, we are very pleased to be down here, and I particular, since I haven't been here for a year. Miami is always a very exciting place. I also want to thank three members of the review committee, what I consider to be a most thorough and really excellent conscientious job and hope to get to say more on some future occasion. Mrs.Gordon: Come back again. Mayor Ferre: Dr. Fox you want to add anything to that? Dr. Fox: Just to confirm and members of the commission, I agree with Dr. Baer's short statement. It is a pleasure to be here. Again I have seen a democratic process in operation I believe. I appreciate the thoroughness and competence of the work that the review committee has done and I believe that they have been able to impart a better degree of understanding than we have on several prior occasions. Mayor Ferre: Thank you Dr. Fox. Before we leave we have one situation I would like to address myself to. If you want Mr. Manager, we can continue talking about when we come back at 2 o'clock. 9, BRIEF DISCUSSION - CONSTITUTIONAL AMENDMENT. Mayor Ferre: We have a very serious problem with this constitutional amendment, that the City of Miami has sponsored, that we were the real author's of, that Rick Sasser got to the legislature and I will tell you want the problem is. We've got a committee, the committee is headed by a former Speaker of the House, Fred Schultz, Murray Dubbin is on it. It is a blue ribbon committee. They were supposed to go out and raise funds so we can get some advertising and some speakers. WE have had one edicotial against us in Tampa, and basically it is because of a lack of understanding of the thing. We have not been able to get off the ground. I don't mean to be critical of Fred Schultz, or Murray Dubbin, who represents as you know, Miami Beach Dev. Authority and all the other people involved. But up until this time, I think they have been able to get out of the private sector about $5,000. which doesn't begin to do the job. I think they have now concluded they are going to the different governments and ask for support. I would recommend that, ----they have a budget of $250,000. and they are going around trying to get support from other municipal governments and what have you. Unless we get some funds so we are able to go to the public and explain this through advertising and through traveling expense for people like Murrya Dubbin and Fred Schultz, and Jack Gordon, to go to all these newspapers and explain our position, I think we are going to get shot down. Mrs. Gordon: Which one? MayorFerre: Tax incentive, and tax abatement bill. WE put so much effort in this thing. It is Nov. 2.---we have only several weeks left. I think we really have an obligation to get some funding from the city just to complete the job and I recommend that, --Rick Sisser is continuing on the job, but there is a committee, what is the name of the committee,---- Citizens for a Better community, I strongly recommend that we can discuss it later on. Can we do it legally. Mr. Weston: Fortunately Mr. Mayor you alerted me to the problem coming up. I researched it and you can. Mayor Ferre: It can be done. Mt. Weston: Yes. Mayor Ferre: The City of Miami, can, Mr. Weston: The Attorney General has rendered two opinions on the similar subject matter. Both were favorable, that is a ligitimate expenditure of municipal funds. Mayor Ferre: I am going to recommend that we give them $15,000. After lunch we will take it up. Capt. Reese: I might be overstepping the Manager but I would like to point out to the Commission, that any delay in getting this matter resolved could have an adverse affect on the police department examination process because the Captain's register is going to expire next month, lieutenants and sergeants is going to expire next March, and unless this whole process is speeded up somewhat, the University's contract ran out June 30, they cannot schedule a book list for scheduling exams until they know they are going to be hired, again. We want to at least give the police officer at six months to study and that time is already approaching. Mayor Ferre: My attitude is this, you proceed until somebody stops you. Capt. Reese: There is no book list published. The policemen can't start studying. That is the problem. Mayor Ferre: Hasn't the University of Chicago come up with a proposal? Capt. Reese: No. Mayor Ferre: Why not? Capt. Reese: Maybe they can answer that better themselves. Mayor Ferre: Who is following it up? Capt. Reese: Operationally it is going to cause a problem. Mayor Ferre: Now you present the problem. Would you give us a solution? Capt. Reese: The solution would be to accept this report and proceed with it. Mayor Ferre: I don't think we can do that right now. We can't accept the report. We can tell you to proceed until you get stopped. Capt. Reese: The University is here, they can come forward, Mayor Ferre: You had better grab them before they get in the taxi. You had better get them back in here. While they are coming in, Mr. Grassie, I sure think this is going to require some of your time, and I would say the Chief's time. It seems to me incredible we are one month away from the expiration of a register, and we have not come to a decision on this. I think the way to do it to proceed posthaste and if we have to stop, or change or do something, we will do it, but I don't think you can jeopardize something as important as this. He has come up with recommendation and I intend to vote with him. And I think everybody else has expressed this decision here. Secondly we have had a committee which was approved by your own staff, Mr. Parades, and I am going to go with that, and with the committee and with the commission. The only thing we are doing is out of courtesy to that hot -head that came here, giving us that sermon, or lecture, and I think with some justification, because he does have a valid point, with regards to the public relations aspect. That is the only valid point I think he has. I think we have to do it based on that. But aside from that I think we have to proceed. Dr. Fox, we have a question that has arisen there about the register for captains running out, and the fact that the exam has not been can you enlighten us on that? Dr. Fox: Yes, our contract expired as of the end of June, that was the formal contract, and knowing that this review process might take some time, the City Manager Mr. Andrews at that time had the foresight to cause an interim letter of ageeement 5,� 1 to be executed to spend an interim period of time. Now, that interim letter of agreement was implemented to insure an uninterrupted flow of work. That does however expire as of the end of this month, so I think a reasonable way to proceed and a necessary way to proceed would be for us to agree on the terms of a continuation contract as quickly as that could be done and it can only be done we feel in consultation with members of the civil service board and the department based on their future needs. Mayor Ferre: We don't have a form here, so there is nothing we can do about it at this point but I certainly feel the majority of the commission would go along with that, leave it in the hands of the Manager, to do the same thing that Paul Andrews did before so that we don't get caught in a very dangerous situation. Is that acceptable? We will reconvene at 2:00 o'clock. 10, AMEND ANNUAL MEMBERSHIP GREEN FEES AT CITY -OWNED GOLF COURSES, Mr. Plummer: Mr. Grassie, may I convey to you sir, I've got a prob- lem here and I'll tell you why real briefly. A number of people who have called my office in reference to these golf fees and green fees; I have told not to appear until budget time. Now, here we're sched- uling on an agenda and I thought it would have been handled as a regular budget item, so Al if you got no problem I would like to defer this until the next meeting so I can keep faith with the people. Mrs. Gordon: J.L., I'll ask you a question. If we worked on it today would it be a first reading and need a second one anyway? Mr. Grassie: We could make it a first reading if you wished and put that off far enough so it would be after the budget. Mrs. Gordon: You want to do it that way? Mr. Plummer: Sure. Mrs. Gordon: All right, Mr. Weston will you read the ordinance? Mr. Weston: Read the ordinance. Mr. Plummer: All right, let me ask you just from your experience Mr. Howard how does this compare to the regular golf courses around the county? Mr. Howard: It will be the same as what they have in Palmetto. They do not have memberships in the Key Biscayne. It is the same as Crooked Creek and the same as ... a little lower than Builtmore. Mr. Plummer: So predominantly you're saying that its lower than most of the rest of the... Mr. Howard: We have been exceptionally low on our annual memberships. Mr. Plummer: I'll move it. Mrs. Gordon: Moved by Mr. Plummer. Seconded by Commissioner Gibson. Discussion. Ca11 the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION 1 of S39-13.1. OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY SUBSTITUTING THEREFOR A NEW SUBSECTION 1 PROVIDING FOR AN INCREASE IN THE ANNUAL MEMBERSHIP GREEN FEES AT CITY GOLF COURSES (MELREBSE AND MIAMI SPRINGS); REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVIDING A SEVERABILITY PROVISION. Was introduceduby Commissioner Plummer and seconded by Commiss- ioner Gibson and passed on its first reading by title by the follow- ing vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer. , Jr. Vice -Mayor Rose Gorden ABSENT: Mayor Maurice A. Ferre NOES; None 11, WAIVE GOLF CART RENTAL FEES - MtAMI SPV4GEGN6C214ShOVEMBER BETWEEN 30, 1976, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-820 A RESOLUTION WAIVING TM PAYMENT TO THE CITY OF 40% OF THE GOLF CART RENTAL RECEIPTS BY THE GOLF PRO AND GOLF CART CONCESSIONAIRE AT THE MIAMI SPRINGS GOLF COURSE DURING THE PERIOD OF THE SPECIAL SUMMER COMBINED GREENS FEE AND CART RENTAL PROGRAM BETWEEN MAY 1, 1976 AND NOVEM- BER 30, 1976. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon ABSENT: Mayor Maurice A. Ferre NOES: None. 12, SEMI-ANNUAL TAXICAB PUBLIC HEARING,- TRANSFER AND REPLAq CERTAIN CERTIFICATES OF LONVENIENCE AND NECESSITY The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-821 A RESOLUTION TRANSFERRING AND REPLACING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. (Mere 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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon ABSENT: Mayor Maurice A. Ferre NOES: None. SEP 231976 13, AGT. ttt4t INfEf'ATIt lAL AND THE CITY OF MIAMI - EXPEND $500,000 CONSTRUCTION OF SUBDIVISION IMPROVEMENTS. Mr. Plummer: I have a memo from Mr. Grassie stating the attorney wants to be heard on this matter. Mr. Grassie: He wanted to be notified of the time... Mr. Plummer: Mr. Grassie: 3:00 P.M. Then he's flying in to attend the meeting? Yes. And, I believe we told him approximately Mr. Plummer: I move+that it be deferred until he gets here. Oh's he's here. Mrs. Gordon: All right, well you come forward then. Mr. Mayor, we're on item # 24, you want to take the gavel? Mayor Ferre: No, go ahead Rose. (Attorney for Omni) It was news to me that I was to be heard. I didn't realize that there was a problem on the matter. Mrs. Gorden: That's only if you want to be heard. Mr. Plummer: The memo I had said the Attorney for OMNI INTER- NATIONAL is flying in to attend the meeting and would appreciate knowing approximately what time this item will be scheduled. (Attorney...) So I could be here in ease any problems arises. Mr. Plummer: Mr. Grimm, have you seen this agreement? Does the City protect it? Mr. Grimm: Yes sir. Mr. Plummer: Mr. Weston, there was some question about the stand- ing in line of the City of Miami if they were to default on Omni. Mr. Weston: That's been resolved. Mr. Plummer: That has been completely resolved. We're now number one. Mr. Weston, we're number one if they go into default? Mr. Weston: That's correct, it's stated in there. Mr. Plummer: Ok. Mayor Ferre: All right, I'll tell you, before we get into... Mrs. Gordon: Would we just take a motion, that's all we need? Plummer moves. Commissioner Gibson,seconded. Discussion? Call the roll please. The following resolution was introduced by Commissions $lager, who moved its adoption: RESOLUTION NO. 76-822 A RESOLUTION APPROVING THE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND OMNI INTERNATIONAL OF MIAMI LTD., AND POPOLOPEN PROPERTIES, INC., AUTHORIZING THE CITY TO EXPEND $500,000. FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN THE PLAT ENTITLED "OMNI INTERNATICN AL" AND TO COLLECT SAID SUM PLUS INTEREST FROM OMNI INTERNATIONAL OF MIAMI LTD. OVER A 10 YEAR PERIOD, ALL IN ACCORDANCE WITH THE AGREEMENT AND LETTER AMENDMENTS ATTACHED HERETO AND MADE A PART HEREOF; AND AUTHORIZING AND DIRECT- ING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ON/ROLL CALL: Mayor Ferre: Now, on the subject Mr. Grassie, I talked to Mr. Alfred of Omni and he had a very serious concern Which I wanted to bring up at this time. Evidently, and by the way he spoke very, very highly of the cooperation he's gotten from the City of Miami, especially from Mr. Grimm. He has a serious concern about ... there's a J.C. Penny that is opening on February, the 2nd. Now, there a problem with whether or not some street is going to be opened and finished in time. I think we've behind schedule. The man is very, very concern. He says if J.C. Penny gets going with a bad opening that he thinks the whole project might be very jeopardized and he's just scared to death of it. And, I think we have kind of a moral obligation to see that, that thing gets done properly. Mr. Grassie: Yes, I agree with you entirely. I've spoken with Mr. Alfred. I've talked with Vince Grimm and we're going to make every effort to keep this on schedule. We really have to catch up now. It's in part there fault and part ours, but... Mayor Ferre: Yea, he admits to this, part their fault, but he would like for the City to do whatever they can to get sane extra hours in there to get caught up. Mr. Grimm : Mr. Mayor, I had subsequently talked to the contractor the next item on your agenda is the aware of the bids and thets very essential. The contractor is already at work on the southern portion. He can move in there in a hurry and we have do 17th Terrace and the westerly half of Bayshore Drive which will solve.... Mayor Ferre: Will that do the trick for J.C. Penny? Mr. Grimm: Yes sir. We may not have the grass planted And the trees in, but we'll have a usable , rideable road. Mayor Ferre: Well, as long as the street is in there that's the main thing. All right, moved by Plummer. Call the roll. 14. AWARD BID - 0111 PAVING PROJECT B-4384 (BID "A - HIGHWAYS"), Mr. Plummer: On roll call, wait a minute, I'm lost, why does he has 25"A", B,C, and I only have 25? But, on the agenda, it's.... Are they all incorporated in 25? Mr. Grassie: The material that you received with your agenda is preliminary and its not filled out. The material that youtre going to act on has the same content. The numbers are now avail- able ... Mr. Plummer: Ok, I'm going to approve it. I'm going to vote yea, but I'm going to reserve the right.to look at it. I' haven't seen the number. I vote yes. Mr. Weston: Mr. Mayor, in view of the conflict I think we ought to read the title so... Mayor Ferre: Borahead read the title. Mr. Weston: Read the Resolution's into the record. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-823 A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $225,501.75 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384 (BID "A" HIGHWAYS) : ALLOCATING THE AMOUNT OF $225, 501. 75 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE PROPOSED CONTRACT COST: ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $20,805.19 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $3,510.06 TO COVER. THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTAJRIZING 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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner. J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 15, AWARD $ID - OMNI PAVING PROJECT B-4334 (BID "B - STORM SEWERS"), The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-824 A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $141,738 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384 (BID "B" STORM SEWERS); ALLOCATING THE AMOUNT OF $141,738 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATION FROM SAID ACCOUNT THE AMOUNT OF $15 , 591. 18 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,834.82 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES 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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 16, AWARD BID - OMNI PAVING PROJECT B-4384 (BID "C - LANDSCAPING"). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-825 A RESOLUTION ACCEPTING THE BID OF GARCIA ALLEN CONSTRUCTION COMPANY, INC. IN THE PROPOSED AMOUNT OF $42,840 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384 (BID "C" LANDSCAPING); ALLOCATING THE AMOUNT OF $42,840 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCUJNT THE AMOUNT OF $4,712.40 TO COVER THE COST Or PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $856.60 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and file in the Office of thehCity Clerk) . Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AMES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Viee-Mayor. Rose Gordon Mayor Maurice A. Ferre NOES: None. 171 PROCLAMATIONS, PRESENTATIONS, RETIREMENT PLAQUES AND SPECIAL ITEMS, A. P esentation of ribbons commemorating the inaugy gy�rration of the Puerto Rican Opportunity Center by Mr.MiXe Melendez. B. Proclamation designating the week of October 3 - 9, 1976, as National Beauty Salon Week in Miami. C. Presentation of Plaque to Ronald G. Mayer, Building Department, upon his retirement after 23 years of service with the City of Miami. D. Presentation of Plaque to Irene Koppelman, Building Department, upon her -retirement after 23 years of service with the City of Miami. E. Presentation of Plaque to Sgt. Zennon S. Siatkowaki, Department of Police, upon his retirement after 20 years of service with the City of Miami. F. Presentation of Commendation to Mr. Ted Griffin,President of Air Florida, for help to City of Miami Handicapped program. G. Presentation of Semana de la Herencia-Jose Luis Arnaiz. Presentation of Hadassah Month -Proclamation to Mrs. Alvin Kramer and Mrs. Friedman. . , MOTION OF INTENT -WAIVE FEES FOR USE OF WATSON ISLAND AND CITY SHo 1'10B I L.E , Mayor Ferre: We have Mr.Knight here on a pocket item that Mr. Reboso is bringing out, who wants to use Watson island for October 10th, for the Spanish Day Celebration. We've done this in the past eight (8) years. Mr. Reboso: I move it. Mr. Plummer: I second it. Mayor Ferre: All right, Reboso moves, Plummer seconds that we would make the park available and that they can borrow the show - mobile. They of course, would have to pay for insurance and the police, and all the other things, ok. Further discussion. Call the roll. The following motion was introduced by Commissioner Reboso, who moved ibs adoption: MOTION NO. 76-826 A MOTION WAIVING LEES FOR THE USE OF WATSON ISLAND AND THE CITY SRDWW BILE FOR "SPANISH DAY CELEBRATION" OF SOCIETY CASA DE RSPANA, ON PAYMENT OF INSURANCE AND PERSONNEL COSTS. Upon being seconded by Commissioner Plumper, 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 Mayor Maurice A. Ferre NOBS: None. i 'ram 9 1L1: 19, MOTION OF INTENT - WAIVE FEE FOR CONDITjONAL USE, APPLICATION AND VARIAN E LOPE SCHOOL FOR THE KETARDED (NON-PROFIT ORGANIZATION). NSTRUCTION FOR ADDITION TO THEIR FACILITIES. Mrs. Gordon: Another pocket item, the Douglas Garden, Home for the Aging (hope School for the Retarded) are adding on to their property and they're going to appear before our Planning Board with an application, but ... are asking for a waiver of the fee, which amounts to around $2,500 for the variance application. We have done this before, waived the variance fee. .... I just wanted this said. I don't have anything before me, but they did say ... Mayor Ferre: We've done this before. We don't do it too often Mr. Grassie, so don't look so distressed. It's done for churches ... this is the House of the Aging, and certainly we should help them, so there's a motion by Rose. Seconded by Father Gibson. Further Discussion. Call the roll. The following motion was introdueed by Commissioner Gordon, who moved its adoption: MOTION NO. 76-827 MOTION WAIVING FEES FOR CONDITIONAL USE APPLICATION ($300.00) AND FEES FOR VARIANCE ($2, 317.05) IN CONNECTION WITH APPLICATION BY THE HOPE SCHOOL FOR THE RETARDED, A NON PROFIT ORGANIZATION CONCERNING CONSTRUCTION OF ADDIT- ION TO THEIR FACILITY. 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. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 20, AWARD BID - BISCAYNE WEST HIGHWAY IMPROVEMENT - H-4390 (BID ".A - HIGHWAYS"). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTDON NO. 76-828 A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO.,INC. IN THE AMOUNT OF $370,215 FOR THE CONSTRUCTION OF BISCAY- NE WEST HIGHWAY IMPROVEMENT H-4390 (BID "A" HIGHWAYS) IN BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390 (BID "A" HIGHWAYS) ; ALLOCATING THE AMOUNT OF $370,215 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $37, 723.65 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $5,404. 35 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING , TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Viee-Mayor Rose Gordon Mayor Maurice A. Ferre ppES; None. U 231976 2L AWARD BID - BISCAYNE WEST HIGHWAY IMPROVEMENT - H-4399 (BID "B - DRAINAGE"), The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 76-829 A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO., INC. IN THE AMOUNT OF $166,219 FOR THE CONSTR- UCTION OF BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 (BID "B" DRAINAGE) IN BISCAYNE WEST HIGHWAY IMPROVE- MENT DISTRICT H-4390 (BID "B" DRAINAGE); ALLOCATING THE AMOUNT OF $166,219 FROM THE ACCOUNT ENTITLED "STORM SEWN/BOND FUNDS" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $18, 284.09 TO COVER THE ODST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3 , 324.91 TO COVER THE OOST OF SUCH ITEMS AS ADVERTISING, TESTING IABORATORIES 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- AYIS: Commies iarer Manolo Reboso Commissioner X Rev.) Theodore Gibson Commiss ionerJ. L. Plummer, Jr. Vice -Mayor Rose Gordan Mayor Maurice A. Ferre NOES: None. 22. AWARD BID - BISCAYNE WEST HIGHWAY IMPROVEMENT - H-4390 (BID "C - LANDSCAPING"), The Following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 76-830 A RESOLUTION ACCEPTING THE BID OF EVERGLADES SOD & LANDSCAPING, INC. IN THE AMOUNT OF $39,550 FOR THE CONSTRUCTION OF BISCAYNE WEST HIGHWAY IMPROVE- MENT H-4390 (BID "C" LANDSCAPING) IN BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390 (BID "C" LAND- SCAPING) ; ALLOCATING THE AMOUNT OF $39,550 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $4, 350. 50 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $791.50 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUP1DRIZING THE CITY MANAGER TO EXE- CUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) 1114,..1 i,� SFp 2.31976 Upon being seconded by Commissioner Gibson, the regolution wag passed and adopted by the following vote - AS: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 3. nIrnhups-gEta,..-N5qvsNiEni 'bg • 'ram The following resolution was introduced by Commisssioner Plummer, who moved its adoption: RESOLUTION NO. 76-831 A RESOLUTION REALLOCATING THE SUM OF $27,500 IN FUNDS OF THE POLICE CRIME PREVENTION FACILITIES BOND FUND —MODERN MIAMI POLICE HEADQUARTERS FOR THE PURPOSE OF EXTENDING THE PERIOD OF SERVICES BY AN RSX-11 D OPERATING SYSTEMS SPECIALIST; PROVIDING FOR SUCH REALLOCATION FROM PREVIOUSLY ALLOCATED FUNDS FROM THE FOLLOWING PROJECTS AND PROGRAMS: CO'PUTER SYSTEM (E-SYSTEMS INC.) - $4,500 (RESO. NO. 76-614): MICROFORM SYSTEMS SPECIALIST (MIAMI MICROFILM SERVICES INC. - $10, 000 (RESO..NO. 75-946); AND CONSULTANT SERVICES (STAN 0RD RESEARCH INSTITUTE --CONCLUDING PHASE OF STUDY) - $13,000 (RESO. NO. 75-943). (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J.L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. c P 2 197 6 24, S(MIT FEDERAL GRANT APPLICATION U,S, TRAVEL SERVICES - ADVERTISING The following resolution was introduced by Commissioner PluMMer, who moved its adoption: RESOLUTION NO. 76-832 A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY THE DIRECTOR OF THE DEPARTMENT OF PUBLICITY AND TOURISM IN THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. TRAVEL SERVICE, DEPARTMENT OF COMMERCE, FOR A CANADIAN ADVERTISING CAMPAIGN AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OP THE GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by CommissionercGibson, 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 Maurice A. Ferre NOES: None. 25, SIIT FEDERAL GRANT APPLICATION U S, TRAIL S VICES - DEPT, OF COMMERCE W "rIIAMI - SHOPPING CENTER OF THEERICAS - , FILM PROJECT, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-833 A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. TRAVEL SERVICE, DEPARTMENT OF COMMERCE FOR A "MIAMI-SHOPPING CENTER OF THE AMERICAS" PROGRAM AND AUTHMIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT. (Mare 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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. SEP 231916 4110 that we wanted to i rsur: thin we're going of certiorari by the 7'1- rt'me Court. As a r/► heard a few minutes .7..d . on this particul«r z: completion of anot.h' ... 26. EXECUTE AGREEMENT — ' 1ETRO AND 'V NPOWER PLANNING CONSORTIUM BADE AND !'k)NROE COUNTIES The following resolution was introduced by commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-834 A RESOLUTION 403'r'r" •R'"7ING THE CITY MANAGER TO EXECUTE AN iY-»::i: F.NT WITH METROPOLITAN DADE COUNTY THP''Lt:;“ 'n;: MANPOWER PLANNING CONSORTIUM OF DADE AND :F '< -(1U iTIES, AMENDING THE AGREEMENT APP C by THE CITY OF MIAMI RESOLUTION NO. 76-4P , nv N rl1 SING THE NUMBER OF JOBS TO 726, AND -INC",N,,= M E TOTAL AMOUNT OF THE CURRENT CON^P h.CT T 31 , 563 .00. (Here foil* cf. resolution, omitted here and on file in i:e- t : t:: of the City Clerk) . Upon being seconr'. was passed and adopt e: AXES: Commissioner Commissioner: Commissioner Vice-Mayor Rc! Mayor Mai:; 27. RATIFY ACTION OF i ; �� AS CO -COUNSEL IN LJ' _'1._, i)y commissioner Plummer, the resolution the following vote- Reboso i; Theodore Gibson rummer, Jr. r re NOBS: None. AND 2ITY Md dAGER — RETAIN STEPHEN M. SLEP I N.. ESQ •JOEi.. WOOLDR I DGE .. Mr. Plummer: What's `' jut.ifi.cation for going outside? Mr. Weston: This an important case to the city and we felt that we s'o u `,e t by outside counsel on it particularly to cease the certain matter of fact,I just the Supreme Court had issued an order t ::gig any preceding in it pending the Mayor Ferre: Well, wh r 1,: e is this Mr. ...? Mr. Weston: This ,_a li n<; with the application of the presumption of accident-: d .4ability and service connection known as a heart bill = in :. the injury was a result of heart condition, high potention, et.c. , e~. Mayor Ferre: How has 17 ,-ot.ten up to the Supreme -Court, have we gone through Circuit and t. ,t ... ? Mr. Weston: It was ir.i up to... we prevai 1e' imp the Industrial. r.n.ai mtr and we feel this is ore at the Supreme Court. ~. 1, a workmen compensation case. It went the initial hearing down here. It went �f Boar, they reversed. we feel erroneously that we've got to give our beat effort to Mayor Ferre: How important is it to us? there a big... I mean monetarily, is Mr. Weston: Very muc? ,, c. pause it involves the payment of workmen FP 2 ,19/b cOmpensation benefits on things which otherwise would not be accidents. Mayor Ferre: Let me ask my last question, Father, then Mr. Weston: The Manager is calling to my attention, we are talk- ing about $400,000 in the short run. Mayor Ferre: Well, now let me ask you this, why can't we handle it in-house? Mr. Weston: Well, it's a question of whether we could or not we had a to over of some of our people. There ware some objections in part of the people handling workmen cos pensation thinking that we did not have the experience in-house. I did not agree with it. But this case is too important to take any chance at all, so... Mr. Plummer: Well how much are we talking about? Mr. Weston: .As far as the feesis concerned? Mr. Plummer: Yea. Mr. Weston: Not more than $2,000. Mayor Ferre: He's going to handle this thing in the Supreme Court for $2,000? Mr. Weston: He's only working with us and charging us an hour fee and we're working with him and incidently, this is Mr. Slepin, who wrote the manuel. Mr. Plummer: I'll move it. / Father Gibson: I want to raise some questions. You know one of the things I did right after I got on this Commission was I was opposed to outside to outside counseling. And, I think that before you go to outside counsel you ought to come back to this Commission. We have a policy. And, this is... listen, man, that's not what this is. Mr. Weston: That's what this is Mr. Commissioner. Father Gibson: Ok, let me ask is the man hired? Mr. Weston: He is hired and I'm asking you... Father Gibson: Ok, ah... that's the point I want to make to the Commission. Mr. Weston: But Mr. Commissioner let me answer your didn't have time to come back here. We had a 20-day answer and the Commission didn't meet before the day. question. I period to was up. Father Gibson: Mr. Mayor, let me point out to you something that I'm going to be raising .... about later on. Ok, shock you, becamme I said that because I'm a clergyman. You know, I'm not incommunicado I have a listed telephone and I trust the Mayor isn't incommunicado I trust Reboso isn't incommunicado, I trust Plummer isn't incommunicado, I trust lose isn't. Mr. Mayor if we don't stop it now. We may not be abbe to stop it later on. I want when the City Commission sets a policy that... look, I'm speaking for Theodore because I'[m reall , really uptight. I don't want nobody to usurp my authority. That why the people elected me. Note: You're asking me to do it after the fact. Man, I'm not a fool! Look! You all can do it, I'm opposed r i(i ti it! Mr. Plummer: Well. Father Gibson: And, let me say this, J.L. ...If the case was so important...let'me ... look, If the case was so important, when'. -- he said you're now at the Supreme Court level, you have already appealed, ok. Isn't it strange tht you didn't go all... you know, right along.. . well, now I'm a little hazy on what I'm trying to say, but let me tell you I'm opposed to this kind of an action. The Commission should be consulted, confronted, and the City Attorney has the obligation to give us a memorandum why. Man, don't hire him and then tell me to pay him. Mr. Plummer: Ok, I agt e with Father's comments, but I also think the man has got to be paid;the obligation has been assumed and Father's way of objecting is to vote no. I can understand that, but it's still got to be done. So I will move that it be paid. Mrs. Gordon: I'll secolad it. Mayor Ferre: All right, there's-ia motion and a second. Now, on dascussion, let me say that I happen to agree with the philosophy of what Father Gibson is saying. I think be happens to be right. In that its a case that's going to cost a short term $400,000 and its before the Supreme Court, certainly a phone call or a short memorandum, at least the Commission should be advised.that something like that has been done and I think ... I agree. On the other hand, from a pragmatic point of view I would hate to go up before the Supreme Court on something that obviously is as important as this and not have the best people representing us. And, if this guy wrote the manuel then I certainly would accept that as a good judgment on who should handle the case. Mr. Plummer: Mr. Mayor, I'm not precluding that I've got a lot of remarks to make when we get back to this thing on the Orange Bowl and its right along the same lines .... Mayor Ferre: I understand. I read what Father Gibson said and I agree with now and I'm going to agree with him a little later on when he brings up his point on the question of philosophy. But then, we;ve got the practical aspects of it which in this case I agree Om with you. Father Gibson: Mr. Mayor? Mayor Ferre: Father? Father Gibson: I would not be fool hearted. I just want to make sure that you tell all o f the people. Mr. Grassie, I want to make sure you hear Theodore Gibson loud and heavy. Don't do it aand tell I am doe the courtesy of being asked, and ten tell me when you ask me why and even if I foolishly say yea, let me foolishly say yes. Nobody votes for me. I vote for Theodore. Mayor Ferre: It's a matter of principle. Father Gibson: Do4gone right. And, If I loose this one, God only help: -me what others I'm going to lose. Call the roll! Mayor Ferre: Anybody else wanting to make any comments on this. You want to talk on this case, Gene? Mr. Gene Naples: Yc=r. I question the $400,000 figure that came up. This case happens to be a claim for $50,000. Mr. Weston: It would be effective of more than one. I 1 SEP 231976 Mr. Naples: Well, it would in the future, but there was a case in Broward County at the same time this case came up. When the case came up originally here. It was waltzed on this particular case and the same time there was one very similar to it in Broward County that was upheld and then this case was taken to the appellant court and the appellant overturned this case. Now it's gone to the Supreme Court, but its.... one in the Supreme Court, in the other case, in the Broward County case and its for $50,000.00. Mayor Ferre: so, what's your point? Mr. Weston: Mr. Mayor, that's not correct... Mayor Ferre: Let's not get into the arguments of it. What's your main point Gene? Mr. Naples: Well, is that the $4000000.00 figure, I think is something they're talking about.... Mayor Ferre: But you're not objecting to the City of Miami getting special ... Mr. Naples: Oh, no sir. Mayor Ferre: Ok. Anything else? Mr. Weston: I just wanted to correct, that the case foam is up before the Supreme Court now and what I announced to begin with is our case has been stayed pending that decision. We are coordinating our activities. Mayor Ferre: All right, further discussion on this item. Father Gibson: Let me ask a question. If that is the case, what disturbs me is all of us are going our separate ways in some of these matters. Isn't there any sense of wondeous in these municipalities, knowing that whatever decision affects one affects the other. Why do we have to go it all alone? Isn't there such a thing as you become co-defendant or join somebody or some such something like that? Mayor Ferre: Yeah,... Father Gibson: You know what I'm talking about? So, that *f we get good brains here and they got good brains there, the two good brains come together and we got maximum brains. Mr. Weston: Commissioner, let me ruppond to that please/ Father Gibson: Ok. Mr. Weston: Nre cannot be in the name case because they involve different persons and different issues. We can cooperate and we are cooperating. That's how I know what going on in thenother case. We have copies of their brief. We have coordinated with them... our thoughts in the matter and the short answer is yes we do coordinate and cooperate, not in the same case because they are two different cases. Two different defendants, two different issues. Father Gibson: I see. The principle is not the same. Mr. Weston: The principle part of it are the same, but the cases have to be tried separately. Father Gibson: I didn't ask you if the cases have to... ,L P2Z,1976 Mr, Mayor ,look you know I to i;:: you guys I went to Law School for a day man... and unfortunately I'm not a lawyer. Mr. Weston: Mr. Gibson, I thought I had said we are coordinating our activities and communicating and trying to cooperate with... Mayor Ferre: First of all, there's some suspicion as to whether or not Gibson is or isn't a lawyer because a lot of us will think that he secretly is, even though he says that he is not. Mr. Plummer: I didn't know he was that wealthy. Mayor Ferre: I think he went to more than one day of Law School and don't you let him kid you about that. But secondly, I think there was some confusion in the language as I understand the way its left is that the cases have to be tried separately, because they're separate cases. That the principle is sinila:: and that there is coordination going on between the City of Ft. Lauderdale and the City of Miami on similar items, is that correct? Mr. Weston: That is correct. Mayor Ferre: Ok, any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-835 A RESOLUTION RATIFYING AND APPROVING THE ACTION OF THE CITY ATTORNEY AND THE CITY MANAGER IN RE- TAINING STEPHEN M. SLEPIN, ESQ., AS CO -COUNSEL IN CONNECTION WITH THE PREPARATION AND PRESENTATION OF THE CI TY' S CASE IN r".IE MATTER OF CITY OF MIAMI V. JOEL WOOLDRIDGE, DECEASED, IN THE SUPREME COURT OF ''±1E STATE OF FLORIDA; AUTHORIZING THE CITY 10 COMPENSATE STEP HEN M. SLEPIN, ESQ., FOR HIS SERVICES AT THE RATE OF S75.00 AN HDUR; FUNDS FOR THESE SERVICES ARE AVAILABLE IN THE OPERATING BUDGET OF THE CITY LAW DEPARTMENT. (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: Commissioner Manolo Rebomo Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ***Mrs. Gordon: Mr. Mayor, I have a correction to the previous -item, instead of Douglas Gardens, I'm sorry it's Hope School for the Retarded that is the applicant. Mayor Ferre: Now, is it Hope School, where is the Hope School? Mr. Plummer: 4th Street and 6th Avenue,... Mrs. Gordon: 4th and 6th, and what they're asking, they're making the application, they got to go before the public and h public hearing. But the hope School is the applicant for a variance. Mr. Plummer: Is that totally non-profit, IYepe School? Mrs. Gordon: Yea, that was the one.... Mayor Ferre: All right, let the recorc reflect that it was the Hope School. • QVD 28, CLAIM SETTLEMENT - DA i, CAMBERT AND RENEE CAMBERT AND THEIR ATTORNEYS, «lANBER, GAPMAN, LPSTEIN g GOOSANER Mayor Ferre: We're no* on item #35, the City Attorney recommends. Is there any motion on that? Mr. Plummer: No, but I want to tell the City Attorney I'm upset with the budget, because everywhere I look in that budget I'm seeing an increase in liability of insurance and I keep being told that with a self-insurance program that we're really saving tremendous amounts of money and everywhere in the budget it says this much increase for liability, this much increase for liability. Now, I'm going to have to do a lot of questions on budget on that. Mayor Ferre: As compared to what? Mr. Plummer: Well, we were paying out so much on insurance programs Mr. Mayor that was why the City Attorney recommended we go to a se'f- insured program and they keep telling me after that we're sure saving tremendous amounts of money. Now, this year's budgd book shows tremendous increases for liability insurance. Mayor Ferre: Ok. Mr. Plummer: And, I want to know where all the money is that we+te saving? So, I'm just bringing it out that I'm going to be bringing a lot of them out. Mayor Ferre: Well, you want to vote on this one or you want to hold it off... Mr. Plummer: I don't knew any:'.ing about it, I'll have to go with the City Attorney that its legitimate and just. Mr. Weston: Mr. ;Mayor, let me respond to that please? tt was not the City Attorney's office as I recommend that we go self-assured. The insurance committee based upon the cost of phe premiums that were going up and we are certainly operating and saving a tremendous amount of money over what we would have been paying in premiums. Mr. Plummer: It's not how much we made, it's how much we're not losing, is that what it is? Mr. Weston: No, we still are doing a lot better than we would have been were not self insured, but I do not keep the figures on that. That's done by the Self -Insurance Committee and I'm sure they can respond to it. Mr. Plummer: But we have a new super title for it this year called risk manager, maybe. Mr. Weston: That sir, I have nothing to do with. That's not in my department. I represent ... Mr. Plummer: Wait a minute, you're telling me that there is a lawyer involved and that's not part of your department? Mr. Weston: Risk management is nct my department. The representation of it is my department. Mr. Plummer: Ok. Very briefly, what happened here? "35"? Mr. Weston: We sent a memorandum around explaining it. On* paragraph • 1 over... Ida M. Cambert has filed a claim against the City of Mi, ;,+: through her Attorneys, Mariner, Gopraan, I.3psten and Foosaner, 37, L_. wing bodily injury, personal injury protection lien, and the mobile... Mr. Plummer: Frank, just briefly tell me what happened. Mr. Weston: An automobile accident in which there was an injury. the people suffered medical expenses, pain and suffering, and so forth... Mr. Plummer: Was the policemen found guilty? Mr. Weston: It's not a question of guilty, this is a tort case. This is not a criminal case and the information here indicates that we were at fault. Mr. Plummer: So the policemen was at fault? Mr. Weston: Yes. Mr. Plummer: Ok, then I say we have no problem. Mayor Ferre: Plu Further discussion The following Plummer, who moved maser moves. Is there a second? Reboso seconds. . Call the roll. resolution was introduced by Commissioner its adoption: RESOLUTION NO. 76-836 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY IDA M. CAMBERT AND RENE LAMBERT, HERE HUSBAND, AND THEIR ATTORNEYS, MAMBER, GOP?AN, EPSTEIN AND FOOSANER, WITHOUT THE, ADMISSION OF LIABILITY, THE SUM OF $3,300.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS AND AUTOMOBILE COLLISI©N:DEDUCTIBLE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI, BROM ALL CLAIMS AND DEMANDS, AND TO PAY TO GOVERNMENT EMPLOYEES INSUR- ANCE COMPANY WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $620.67 IN FULL AND COMPLETE SETTLEMENT OF THEIR COLLISION SUBROGATION CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEAS- ING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (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 Maurice A. Ferre NOES: None. 29, APPOINTMENT - MRS, DOROTHY JENKINS FIELDS - MIAMI 1MORIAL COMMITTEE, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-837 A RESOLUTION APPOINTING MRS. DORCTHY JENKINS FIELDS TJ THE MIAMI MEMORIAL COMMITTEE TO SERVE AN INDEFINITE TERM OF OFFICE. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 30. APPOINTMENT - DR, THELMA PETERS - PMIAMI MEMORIAL COMMITTEE, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-838 A RESOLUTION APPOINTING DR. THELMA PETERS AS A MEMBER OF THE MIAMI MEMORIAL COMMITTEE. (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 Maurice A. Ferre NOES: None. 51, APPOI► E`IT - IRS. MARY FOWLER - I iIAMI M`1EMORIAL COMMITTEE The following resolution was introduced by Cotnrnissioner Plummer, who moved its adoption: RESOLUTION NO. 76-839 A RESOLUTION APPOINTING MRS. MARY FOWLER AS A MEMBER OF THE MIAMI MEMORIAL COMMITTEE. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 32, AMUSEMENT RIDE PERMIT, AIRPARK PLAZA - NOVEMBER 2 - 7, 1976. The following resolution was introduced by Commissioner Plummer, who moved its adoption! RESOLUTION NO. 76-840 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO AIRPARK PLAZA FOR AMUSEMENT RIDES AT 5703 N.W. 7 STREET IN CONNECTION WITH ITS CARNIVAL ON NOVE- MBER 2 THRU 7, 1976, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (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 adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rase Gordon Mayor Maurice A. Ferre NOES: None. o CO FI Rr iI; !G RESOLUTION 3, WAIVE RENTAL FEE BAYFRONT PARK AUDITORIUM "TOYS FOR TOTS CHRISTMAS PARTY" (SPONSORED BY THE U.S. MARINE CORPS,), The fallowing resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-841 A RESOLUTION GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON NOVEMBER 13, 1976 FOR A BIRTHDAY BALL AND ON DECEMBER 19, 1976 FOR THE TOYS FOR 'TUTS CHRISTMAS PARTY, SPONSORED BY THE U.S. MARINE CORPS„ SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, 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 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 Maurice A. Ferre NOES: None. CONFIRMING AESOLJTIO 34, WAIVE RENTAL FEES CITY OF MIAMI SHOWMC3ILE - "MUSCULAR DISTROPHY ASSOCIATION - JERRY LEWIS TELETHON-SEPT,4-6,1976, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-842 A RESOLUTION RATIFYING AND APPROVING THE WAIVER OF RENTAL FEES FOR THE USE OF THE CITY OF MIAMI'S SHJWMOBILE BY THE MUSCULAR DYSTROPHY ASSOCIATION ON SEPTEMBER 4 AND 5, 1976, AS PART OF THE JERRY LEWIS TELETHON, SUBJECT TO PAYMENT FOR EVENT PERSONNEL 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, 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 Maurice A. Ferre NOES: None. SEP 2 31976 A 35, AUT l3R I ZE Ct TY MA''1A �ER TO EXECUTE .'AGREEMENT naNAGEMENT SCIENCE AMERICA, INC. AYROLL ACCOUNTJYSTEM. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-843 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MANAGEMENT SCIENCE AMERICA INC. FOR IT TO RENDER PROFESSIONAL SERVICES IN PROVIDING AND INSTALLING ITS PAY- ROLL ACCOUNT SYSTEM AND INTERFACING THE SAME WITH THE CITY'S FINANCING MANAGEMENT SYSTEM AT A TOTAL COST OF $28,000 FOR SUCH PROFESSIONAL SERVICES WITH FUNDS THEREFOR ALLOCATED FROM FEDERAL REVENUE SHARING FUNDS. (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: Commissioner Manolo Reboso Commission (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rode Gordon Mayor Maurice A. Ferre NOES: None. 36, MOTIONS OF INTENT - CHANGE DATE OF REGULAR NOVEMBER MEETING AND SET SPECIAL MEETING DATES. Mr. Grassie: We have skipped over item #8 Mr. Mayor, and on that item I wanted to discuss with you the question of the meetings for the next three months. We got sane holidays that are getting in the way and you may want to set a date other than the 14th. Aft Mayor Ferre: Well, then why don't we take that up first and then we'll take up 44. Mr. Grassie: I think it would make sense. Mayor Ferre: All right, we'll take up item # 8 Mr. Manager. Mr. Grassie: We have two parts to this. One is the reqqest of the City Commission that we bring back to you new resolution with re- gard to cutting off your business at 12:30 and at 6:30, I believe, and you simply asked us to bring it to you and here it is. Then after that I want to talk to the question -of dates. Mr. Plummer: Well, I'm still in favor of it. Mayor Ferre: Oh sure, we're all in favor of it. Mr. Plummer: Well, let's start practicing it. Let me tell you Mr. Mayor, we can always leaf., r.::xn Metro. You know they don't do too many things right, but with the things they do right we should learn from and by God at 12:30 they quit and I'll tell you. it didn't take but a month to establish the policy and that was it and thats what everybody now adhere's to. Mayor Ferre: They quit before; they just get up at 12:30.(laughter) Mr. Plummer: That's true. What are we going tc do? We are going to fish or cut bait? Mayor Ferre: Ah, let's fish. Mr. Plummer: A11 right, let's fish. Mr. Grassie: The other question Mr. Mayor is the question of the dates:that'you want_to establish as the official city commission dates for the next three months. Mr. Plummer: What's the problem? Mr. Grassie: Well, the problem is holidays. If you look at that schedule that Jack Eads put in front of you right there at your right, at your left hand, I think that will be self explanatory. Mayor Ferre: Well, let's see. in the first place. I'm not going to be here Etavemebbr 4th. So that kills that one right there. Now, ... Mr. Plummer: I won't be here December 2nd. Mayor Ferre: Now, that kills that one right there, that's two of them gone. Two done. Now, what's the problem with the holidays? I don't understand. We got Thanksgiving, is that it? Mr. Plummer: Thanksgiving is on my anniversary, the 25th. Mayor Ferre: What holidays is it that we have that's interferring? Mr. Plummer: October 11 and 25 are holidays, what are they? Mayor Ferre: Columbus Day. Mr. Plummer: Well, but we changed that Jack. We changed Veterans observance to the same as the County, which is the first Monday, is it? So that it gave the employees a long holiday. As I recall, it was either the 8th or the 15th, so that they had a three day holiday instead of breaking it up. What's the holidays in October? The llth of October and the 25th, you've got shown as holidays, what are they? Mr. Jack Eads: The llth is Colombus Day. The 25th would be the day that we observe Veterans Day. Mr. Plummer: So, ok, fine. Hey, I don't see any Problems truthfully. October 14th and 28th is fine. November llth and 24th. Mr. Grassie: llth and 24th? Mr. Plummer: Yea, that's what we've done in the past. Mr. Grassie: Ok, would you prefer to stay with the existing schedule then, is the what I'm hearing? Mr. Plummer: In November I got no choice, I mean December. Mr. Grassie: Fine. Ok. In that case on item 41, you'd want to go back to October 14th. Mr. Plummer: I'll move it. How about the 18th, then you can have your zoning meeting on the 17th. Ok, yeah, I'll be gone. Mayor Ferre: Are you going to be here the 18th? Mr. Plummer: Yeah. Mayor Ferre: All right, then we'll set the meeting days then are September... Mr. Plummer: September stays. October stays. Mayor Ferre: October 14th, October 28th, November llth, November 18th. Mr. Plummer: With a zoning meeting on the 17th in the afternoon. Mayor Ferre: What's the zoning meeting? Mr. Plummer: Tell him Mr. Grassie, don't let it be a shocker to him. Mr_ Grassie: In order to cut down on the time you spend in any one - day on your agenda we are proposing that zoning, planning, these kinds of hearings be run on the afternoon of the day preceding city comm- ission. Mr. Plummer: Mr. Grassie: Mr. Plummer: and the 17th Mayor Ferre: Mr. Grassie: Mayor Ferre: No, only once a month. Once a month. So that would be the 27th of October in the afternoon of November in the afternoon. What time? 2t00 o'clock. Is there anything else? Mr. Plummer: Well, listen why don't we wait until later on to change December? Mayor Ferre: All right, are there any other questions as to the date? Do you need a resolution on this? You don't need a motion? All right, back to 44. Mr. Plummer: I'll move it as published. Mr. Grassie: We do need a resolution Mr. Mayor. Mayor Ferre: Yea, theres no question about it. You need a resolution as outlined. Plummer moves. Gordon seconds. Further discussion on the dates. Call the roll. Mr. Ralph Ongie: Do we agree on November 17th also? Mayor Ferre: Yes sir. Mr. Ralph Ongie: Ok. Thereupon the foregoing motion introduced by Commissioner Plummer and seconded by Commissioner Gordon was passed and adopted by a unanimous vote and was designated Motion No. 76-844. iWll II!li1!!!'I'I hI''il'llj l IIIII'61Ii11R 211976 3%, ESTABLISH DATE PUBLIC HEARING - "MAYOR'S COMMITTEE - HOUR OF SAL Ai•C f1•jr BEVERAGE IN THE UITY OF IIAMI. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-845 A MOTION ESTABLISHING THE DATE OF OCTOBER 14, 1976 AT 3:00 O'CLOCK P.M. AS THE DATE OF A PUBLIC HEAR- ING TO CONSIDER THE MATTER OF HOURS OF SALE OF ALCOHOLIC BEVERAGES IN 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 (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 38, FIRST READING ORDINANCE - DOWNTOWN DEVELOPMENT AUTHORITY 1976-1977 BUDGET. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEM- BER 30, 1977; AUTHORIZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR THE PLR CHASE OF ANY MATERIAL, EQUIPMENT OR SERVICE EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED; PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1977 FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA; PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS ORDINANCE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: NOES: None. Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre 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. G' D 9 S 1g7F� 39, PERSONAL APPEARANCE - SOL MEYERSON REGARDING NEW M1AMI CITY HALL PROPOSAL, Mr. Sol Meyerson: Good afternoon, Mr. Mayor, Mrs. Gordon, Reverend Gibson, Mr Reboso, Mr. Plummer. About a year and a half ago, if my memory is correct, we presented to the city the opportunity of building a new City Hall for you all if you liked the idea and leasing it to you but you didn't like the location. During that meeting I believe it was the Mayor and the City Commissioners all said, "Sol, we'll give you the land to put up the City Hail for us." We now have for you on your land what we think would be the most beautiful City Hall in the United states of America. Mr. Myron Jacobs, the designer, is setting it up and I will distribute the plans and the layout for you. You will notice the layout, the first page identifies the City Hall location. If you hold it up to the light you can see how it is in proximity to the Government Center. This is the land you all selected for your new City Hall. You will notice how it is all laid out. Now this is projected through the year 2000. The total footage through the year 2000 is 157,000 feet but our projection with the center core comes to 187,000 square feet in round figures. Now Mr. Myron Jacobs the designer will tell you all about it. Mr. Myron Jacobs. The site plan covers an area approximately 300 feet by 350 feet. The zoning is broken into two towers connected by the center core which is called the west tower and the east tower, the reason being as opposed to a rectangular building which would put maybe 16 or 17,000 square feet on a floor. It would be a hard job to confine certain departments to that much footage or be an every winding corridor/cubbyhole type thing to get through. It's broken down, the larg- est one area is 8,300 feet. The center core which is in color is a 30 X 90 area which repeats on every floor. The red areas are the elevators and the stairs. The yellow areas are the mechanical areas The grey and the beige areas are the toilet facilities and the corridors. From the elevator lobby it is four direct- ions like a pinwheel so that you can r%et to the two spaces in four directions. The structure is a simple clear span, rio columns, two off -set squares pyramided on one side which allows for a glass arca, and being the City of Miami landscap- ing on a planter on each floor. This also serves as a sunscreen. You'll use the solar glass and it has some aesthetic value to say the least. The lobby as you enter, it is entered by a ramp which we see on the top rendering. From the park area, the orientation on the Government site would be the police buildings in this area and parking garages in this area, park on the front. The west side is the expressway, I-95. The lower rendering is a vew from I-95 northbound. The building on the far right side would be the parking garage in existence. Mayor Ferre: It's very pretty and I certainly want to commend you for the beauti- ful rendering. It is really a very striking building. Sol, what do you have in mind? Mr. Meyerson: We've proposed, I've proposed to lease it to the city for 30 years and then when I'm 90 I'll give it to you as a gift, you can have it all. Mayor Ferre: Let's go over this. As you know, and Mr. Grassie, you don't know, but back in 1970 there was a proposal on the ballot for the people of Miami to vote for a City Hall and that was turned down. Metropolitan Dade County also put on the ballot a similar type of a project and the voters of Metro turned it down in their Decade of Progress vote. Now, the problem is that there is perhaps some misconception, there is a lot of question since then as to whether we shouldn't go back and try again. In the meantime, Ray Goode has gotten together with a committee and Jack Orr at that time recommended that the county restudy the whole thing and go to a leasing arrangement in which the county could go to long term leases and perhaps put it out to bids for the private sector to bid on and then do it on a lease rather than a capital expenditure by the county or the city. Mr. Meyerson came and on that theme a year and a half or two years ago said that he wanted to pursue this matter on property he had on I-95. Mr. Meyerson: On I-95 between 26th and 29th Streets. Mayor Ferre: At that time we said, well, that just is not the location but we're always willing to liaten to you if you come: back with a specific proposal that makes any sense and I guess this i; basl:sily. Now, I don't know what the law is, whether we have to go to some type of public bidding procedure but I certain- ly thing that he has been pursuing thi., u..e certainly this is something that we ought to discuss with him. I don't think we car. come to eny conclusions hare. I would like to recommend, Sol, that you make an appointment with Mr. Grassie and Mr. Grassie, that you sit down and go over this whole thing and come back to the City Commission with some kind of a recommendation. And if it is feasible and we can do it I think we ought to really try to pursue it. Mr. Meyerson: As far as I'm concerned, it could go into bidding. We want it to go into bidding for the lowest price possible and all approval should be by the City Commission as far as I'm concerned on everything. I'm not interested in very much profit in this I just want the city to have a new City Hall and I'm sure it will be magnificent. We can put in all the facilities inside, outside, everything. We'll fund it all the way down the line. Mayor Ferre: Well, the fact that you've taken your time and your expense... Mr. Meyerson: My expense, his time and my pleasure. Mayor Ferre: And also your efforts. This thing is not something that every cit- izen, if we had more people volunteering to do things like this you know we might get further down the line. So I don't think that we should just cast this aside, I think this is something that ought to be studied and pursued so I don't think there is anything else to discuss at this point. Mr. Meyerson: All I want is the permission to go ahead with the City Manager by the Commission to pursue it further and to lay the ground work. Mayor Ferre: Does anybody want to make a motion on this in principle? That the Manager be authorized to sit down and discuss this and come back to the commis- sion with recommendations. Mrs. Gordon: Don't take that as a commitment. Mr. Meyerson: No, it's not a commitment, we're not taking anything as a commit- ment, Mrs. Gordon. ON ROLL CALL: Mr. Plummer: Sol, I've got a problem and I don't want it to reflect on your draw- ings so I've got to figure out how I vote. Let me think out loud. To me the people of this community have overwhelmingly spoken to a new City Hall. Mayor Ferre: In 1970. Mr. Plummer: Twice, there was another time that they spoke to it, Mr. Mayor. And they have said no. Now to me that's the answer. Now I don't want my no vote to reflect that I don't think this is beautiful and it's feasible but without it going back to a referendum I would have to go on the two votes of the public already and I would have to vote no. So I'm trying to explain out loud to you what my feelings are. Mrs. gordon: I want a clarification. A yes or a no to me doesn't mean an approval of anything as far as I'm concerned. If you're asking me to approve the concept in any shape or form I will vote no. But all you're asking is if you can keep talking to the Manager. You don't even need me to say anything, you can talk to the Manager. Mr. Meyerson: Well, we just want the commission approval to continue to discuss this and to continue to pursue it. Now if I in 1970, if I remember, it had nothing to do with lease. It was a bond issue and they voted it down. Mr. Plummer: Oh, I'm well aware of that. Mr. Meyerson: And this is a little different story. This is a leas package. Mrs. Gordon: Now you want to talk terms.... Mr. Meyerson: Not the terms, the lease package and the terms I'll leave with Mr. Grassie are very minimal plus the fact at the end of 30 years this is your package, the building is all yours. Now all you have to do is lease it and the building is yours. I'm not asking anything else. Mrs. Gordon: What was the motion, Mr. Mayor? Mayor Ferre: The motion simply is that this matter be referred to the City Manager for his pursual with Mr. Meyerson for his study and to come back with a recommendation. Mr. Plummer: Sorry, I didn't understand it. I understood that we accept this in principle and we give it to the Manager to furth?r negotiate. Just to give, that we accept it, give it to... Fine, I vote yes. The following motion was introduced by Commissioner Reboso, who moved its adoption. MOTION NO. 76-846 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET WITH MR. SOL MEYERSON REGARDING HIS PROPOSAL FOR CONSTRUCTION OF A NEW CITY HALL FOR THE CITY OF MIAMI ON A LEASE BASIS AND TO SUB- MIT HIS RECOMMENDATIONS TO THE CITY COMMISSION. 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: On the other hand out of respect for Mr. Meyerson, I don't want to be wasting his time either or his efforts. I think that if Mr. Grassie is going to sit down and discuss this is a serious matter to come before the commission. Mr. Plummer: I agree. Mrs. Gordon: I wouldn't make any kind of an.... Mr. Meyerson, you know that we're not making you any promises, commitments or anything. You just want to have a chance to talk with him further, go ahead. Mr. Meyerson: Thus far, the only promises I've ever asked you for is to change that Miami Fashion District which I think has been worth it. And whatever we've done in the Miami Fashion District has not only brought more people into the City of Miami but it has improved the area plus not only improving the area, it has improved the entire thinking about the Miami Garmet Industry which is the second largest in the City of Miami. So whatc.er we have done, Mr. Gordon, we have done only as a citizen. I didn't ask you for anything. Mrs. Gordon: ...anything detrimental about your intentions. No, don't misunder- stand. But before anybody could make a vote on this if there was a vote that was binding in any way shape or form they would have to know a lot of statistical information. Mr. Meyerson: We'll supply everything. Mrs. Gordon: You know. And then, we'll decide whether or not we want to go that route. Mr. Meyerson: Mrs. Gordon, we will supply everything. Mr. Plummer: Sol, I wish there were more people like you that had as much inter- est. Mr. Meyerson: Thank you very much. 40, `` OT I ON OF INTENT - ALLOCATE "TE $15,000 1976- .977 BUDGET - "CITIZENS FOR BETTER COMMUNITIES" (C NST I T. i �� I ON L AMENDMENT - TAX ABATEMENT AND INCREMENT LEGISLATION), Mayor Ferre: Ladies and gentlemen we asked Rick Sisser to come lack here and I noticed that he's in the audience. The subject is the Tax Abatement and Increment Plan. Mr. Plummer: Mr. Mayor, how much can we afford, really, because this city has got to go whole hog, how much can we afford? Mayor Ferre: Well, I'll tell you, they have a budget of $250,000 Mr. Plummer: Mayor Ferre: I think this city has got to go for 10% of it. I don't think we can go that high. That's $25,000. Mr. Plummer: Let me tell you something there's only ten major cities in the State of Florida and if the ten major cities don't back we are really going to be the recipients. Mrs. Gordon: J. L. whatever we do is going to affect everyone in this whole state. Mr. Plummer: Mrs. Gordon: Mayor Ferre: Mr. Plummer: That's right. And, they have to, you know, bear some of the... $15,000 is our fair share. I think, We have $15,000? Mayor Ferre: No, of you don't have $15,000, you;re going to... Mr. Plummer: Well, where is it going to come from. Let's don't pass and then he don't have it. Mayor Ferre: Well, you're going to have a budget October 1st. Mr. Plummer: Is that soon enough Rick? You're dreaming. Mayor Ferre: Well, ok, we're going to have a budget sometime, some- where and if we make the commitment and I'm sure Mr. Grassie.... Mr. Plummer: I make a motion that the City of Miami be in one of the greatest recipients of this if this bond issue if it passes. Mr. Grassie: No, it's not a bond issue. Mr. Plummer: The amendment, that the City Commission hereby allocates a sum not to exceed $15,000 from the upcoming budget. Mayor Ferre: Well, make it specific. Mr. Plummer: $15,000. ¥ayor Ferre: All by Gibson. Wait a that this be given Citizens for Betty it is, so that its right, is there a second to the motion? Seconded minute,Plummer would you make it in the motion to, what's the name of that committee again? Community. That's a duly registered what -ever legal and all that stuff. Mr. Plummer: Plus the fact, let's put on the record that Mr. Weston said this is legal. Yea, I'll so indicate that in the motion. Mayor Ferre: And, furthermore I would like to request officially ., trp "_97_6 i'11 like to motion that we show what we've done and send a Jett:.- I'd like to have a letter to go out by Monday Mr. Grassie to tt.., top six or seven cities and counties in the state. I mean, Tampa, St. Pete, Grlando, Jacksonville, and what Ft. Lauderdale, Palm Beach, and what Gainesville Tallahassee, those eight cities and the corresponding counties of what we've done and ask them to do the same thing on a proportioned share and... Mr. Plummer: Just take from the State of Florida the ten largest cities from the Florida League of Cities and ... Mayor Ferre: Florida League of Cities has spbnsored this thing, haven't they? Mr. Plummer: No. Well, they didn't sponsor it we got the Florida League of Cities to back it and to help us through with the legisl- ative program. Mayor Ferre: I stand corrected the Florida League of Cities for ... they officially backed this, didn't they? Mr. Plummer• Yeah, Mayor Ferre: And, so is the Chamber of Commerce and so is... you know so. Did we vote? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: Or MOTION NO. 76-847 A MOTION OF INTENT TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000 IN THE 1976-77 BUDGET TO BE DIS- BURSED TO "CITIZENS FOR BETTER COMMUNITIES" AS THE CITY OF MIAMI ' S LE; J-L CONTRIBUTION TO SUPPORT PASSAGE OF CONSTITUTIONAL AMENDMENT -TAX ABATEMENT AND INCREMENT LEGISLATION. Upon being seconded by Commissioner Gibson, 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 Maurice A. Ferre NOES: None. III 1.1.1.111WPRIMIM111111111111111 1111111111111111111 SEP 231976 41, BRIEF DISCUSSION iTE1 - ALCOHOLIC TREATMENT CENTER, Mayor Ferre: A11 right is there any more pocket items before we get to 4:00? Mr. Plummer: Yea, and this is something just off the top of my head Mr. Mayor. Mr. Grassie, I would like you sir to invite to our next Commission meeting the ,_.eor•le from the DEMX.Alcoholic Treatment Center. Now you know the State of Florida completely tied the hands of our Police D e._ ortment for trying to help; us clean up the downtowm area by offering us a Detox Center ana I want to tell you something, we got more than our sham} in the Downtown Area. I want to know why these people are not being placed in Detox. I want to know why when our Police Department ilt _ell and Because a person is 1_as red out they will not come? That why when they provided transportation in the form of vehicles to pick these people up it takes two and three hours of a policemen Jtdnd1.ne by with these alcoholics? Really, what I'm saying is oor streets downtown are becoming atrocious and we cannot expect of a police department when they take away from them the laws of helpt g us -clean this up and stand by and allow what happening to us in the downtown area, and I think that, that Detox. Center has got to corm: before this Commission and oive us the justification of why they're not doing their jobs. And, if we're not in concord with that, then we've got to go to the Governor, but we've got to get relief f eom somewhere. So, I hope that you will invite them to next `:;mi:-..aion meeting,which is October 14th. And, unless I yc..a J..o the contrary I'm going to have a ,Y badgering th downtown group of people who ere co::. tantl me from the area. What are you.: c;c,J to do, why are.nt You doing something? And, I'm going to have rr'<ri here at this meeting, so unless you tell me to the contrary I'm ncg to iv�:.e all those people to come down here to this meetinc; and find out froii, the people who are charged with the responsibility why the job is not being done. Mr. Mayor, that's the only t-oto I wanted to bring up. 42. BRIEF DISCUSSION ITEM - ACQUISITION OF PROPERTY ON BRICKELL AVENUE. Mayor Ferre: First of all, this is the third time Mr. Manager,that I have brought up to this Commission, might be the fourth, almost in a row, every month now, the items on the study of the properties on Brickeli Ave. Coc of -:hero is across the street from a Holiday. Inn. And the ether one is 4 piece of property in front of Wainwric.ht Park that the staff aa:r,insfiration was going to come up with a recommendation and Shen we were going to discuss it and call for a public hearing if the Ccmmis::icn so desired. And, this is the fourth month now that I brine this i _em ur.. Mr. Grassie. I cnderston tiat you'd asked for it on the October meeting, so I would image that the recommendation will come to you on the 14th. Mayor Ferre: Ok. 1: jest wanted to ask. 43, BRIEF DISCUSSION ITEM - IG; TS, SHENA DOAH PARK. Mr. Plummer: What a'uout the status of the light in Shenandoah Park? Mr. Grassie: We have c _.ver: you a memorandum on that. I think its gone out to you today .o:amL s s lone r , yes. Mayor Ferre: We're now on the item of the Orange Bowl, ok? Father Gibson, you want... Mr. Grassier Just a procedural thing Mayor, we have four resolutions that you would need to adopt in city commission session. If you intends to go back into Committee of the Whole at 4:00 o'clock you may want to do these now. CONFI RUG iG F.SQLuTIai 41}, AUTHORIZING CITY MAGER TO NEGOT�ERICAN TRADETH EVELIO LEY JCHIBITION IN&MIAMas"1NC, IN COORDINATING AND PROMOTING LATIN The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-848 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH EVELIO LEY & ASSOCIATES, INC., FOR THE PROFESSIONAL SERVICES OF SAID FIRM IN COORDINATING AND PRO- MOTING LATIN AMERICAN TRADE EXHIBITION IN MIAMI AND THE MEETING OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN PROMOTION CENTER AS WELL AS THE SAID FIRM'S PROFESSIONAL SERVICES AND PLANNING, AND EXECUTING THE FUND RAISING CAMPAIGN FOR THE AFORESAID EXHIBITION AND ALSO FOR THE RELOCATION IN THE CITY OF MIAMI 32 INTERNATIONAL TRADE GROUPS WITH CITY FUNDS FOR THE AFORESAID AGREEMENT LIMITED TO $ 57 , 503 , AND FURTHER LIMITING THE PAYMENT OF CITY MONIES TO $10,000 UNTIL THE SUCCESSFUL COMPLET- ION OF THE AFORESAID FUND-RAISING CAMPAIGN. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. StF CONFIRMING ESOLLETi 45, AUTHORIZING AND DIREci ING THE CI IV ^ i \, TO NEGOTIATE AND AGREEMENT WITH GLADSTONE R. Assocs. (PROFESSIONAL SERVICES AS ECONOMIC CONSULTANTS) - DOWNTOWN CONVENTION CENTER SITE, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-849 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH GLADSTONE ASSOCIATES FOR PROFESSIONAL SERVICES IN THE FORM OF ECONOMIC CONSULTING SERVICES NECESSARY FOR THE PARTICIPATION OF A PRIVATE DEVELOPER IN CONNECTION WITH THE MIAMI DOWNTOWN CONVEN- TION CENTER SITE, WITH FUNDS FOR SUCH AGREE- MENT FROM THE CONVENTION CENTER BOND FUND LIMITED 70 $60,000 00. (Here (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being.,; st:conde-i by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo ;=ebc,o Commiss ico.:, = ('2ev.) _'he,:3ore Gibson Commissio-er J. L. Plummer, Jr. Vice -Mayor _lose Gordon Mayor Maurice A. Ferre CO lF1,ti`1l AO A__.J; i NOES: None. 4b. AUTHORIZING THE CITY CLERK TO SELECT AND APPOINT THE ASSFTANT CITY CLERK TO SERVE THE UNII= TERM OF THE FORMER ASSISTANT CITY .LERK. Mayor Ferre: Mr. Ongie, have you made your decision as to who you'd want to appoint as the Assistant City Clerk? Mr. Ungie: NO sir. I'd like to trunk about ir.. Mayor Ferre: All right, then the resolution here appointing the City Clerk to select and appoint the new Assistant City Clerk to serve the unexpired term of the Assistant City Clerk and fix the annual salary from said salary at $17,480.00 Mr. Plummer: Rose moved it this morning. I'll second it. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-850 A RESOLUTION AUT_-flRIZING THE CITY CLERK TO SELECT AND t.P INIf TH : ASSISTANT CITY CLERK TO SERVE THE UNEXPIRED TERM OF THE DORMER ASSISTANT CITY CLERK; AND FIXING THE ANNUAL SALARY FCR SAID ASSISTANT CITY CLERK AT $17,480.00 (Here follows body or resolution, omitted here and on file in the. Office of the City Clerk) . Ep 231976 Upon being seconded by Commissioner Plummer, 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 Maurice A. Ferre NOES: None. 47, BRIEF DISCUSSION ITEM - PROCEDURE TO CALL A SPECIAL COMMISSION MEETING,' Father Gibson: Mr. Mayor, how do we get a call meeting of the Commission? Mr. Plummer: Three votes of the Commission. Father Gibson: Three people. I see. I just want to make sure that in the future I know that you got to get three Commissioners to... The Mayor, just one person, the Mayor. Mr. Plummer: The Mayor can stipulate... but he has to stipulate what the call is for and nothing else can be discussed. Father Gibson: All right, then if the three people call the meeting then what? Mayor Ferre: Same thing. Father Gibson: I see. Mayor Ferre: If you ever want a Special Commission Meeting all you've got to do Father, and I'll tell you this point blank( to any of you) you call me and I will call a special commission on anything that you think... that's a point blank statement, anytime you want a special meeting you just let me know. Now, the trouble of course with that in my absence it takes three of you. Now, as far as I'm concerned when you and I talked about this I tried to do it. I called you back and ... I tried to do it. I think it was for Monday. I was going to be out of town, and I was I was in Minneapolis on Monday, I couldn't cancel that. That Tuesday, the time I was available was at 1:00 o'clock and that didn't work out. And, then I got word back that we've have to do Thursday morning at 8:00 O'clock. So anytime you know, obviously. we have to be able to get the majority of the Commission. I called you and I called Reboso, Manolo and I told you to go ahead and have the meeting without me, Didn't I tell you that on Monday? Father Gibson: I was told that and I said I didn't want a meeting without you: I want every member of the Commission to be responsible because you know, the people hold all of us responsible. Mayor Ferre: Well, the only time we can get all of us together was today. That's why... Father Gibson: Beautiful, I just want... see Mr. Mayor I'm not... I'm not accusing anybody, nor am I questioning. I just want to make sure that my head would be right that any time I, (Theodore Gibson) see need for a special commissior, meeting. Number one, the three of us could ask for it cr wL could go to you and just you can call it. As long we put that on the record and that answers my question. Mayor Ferre: That's the charter. SEP 23157E Father Gibson: Well, I just want to make sure. Nothing like 48. STATUS OF L GAL ACTION TAKEN BY THE MIAMI DOLPHINS CONCERNING THEIR USE OF THE URANGE 1060WL STADIUM, Father Gibson: I'm talking to my fellow Commissioners, the Mayor included, ok. It distresses me to read about what the city has done or is doing the paper, especially if what the city is doing I was apart of the originally action. Now, with that as a basis I want to say in the years I've served on this Commission... I want to make the observation that since I've served on this com- mission, if I leave town I instruct the two women who work for me to ... I usually tell them how to get in touch with me, I leave a telephone number or I say I'm living at such and such a place and as much as we fight with Southern Bell over there the telephone company usually lists most hotel and motels and they'll give you a number so the if they didn't know anything but the name of the hotel or the motel, but they'll get a number and that,I usually register. And, if I register they would give you Gibson's room number. I don't think it is good business for us to come in here and agree on certain matters. Then after we agree on the matters then contrary to that agreement certain actions are taken. I can understand actions being taken if you're faced with certain prob- abilities. However, before you taken the actions officially I ought to be given the courtesy of a telephone call and be given �r the opportunity to respond for the benefit of every member of this Commission, and the Manager included; dity Attorney, I am not going to tolerate that kind of an action anymore. I don't think its right. I don't think its fair. I don't think its even polite. And, I think that when we come here and do as we did with the Dolphins. For me to read what I did in the paper about the Dolphins nauseates me. Not only does it nauseats me but it raises some real serious doubts, questions in my mind, ok. Now, you'ail can tell me what happened since I don't know. I was in Minneapolis, Minnesota, just like you. I was trying to help women get ordained to the ministry. you know, ok. Now, tell me what happened? Mayor Ferre: Now, wait a minute, before we do, now that you opened it. I wasn't going to open up the subject. Now, that you have we want to know whether you voted for or against. Father Gibson: I'm a strong believer in giving people rights. When my church along with your church along with the Greek orthodox church studied the issue of woman ordination, and they came back and said there is no theological reason why, nor Biblical reason why they should not be. I then with all of my bias said"Theodore's" personal likes and dislikes go by the Board. And, I said to the deputies of this dioceses of ours, I cannot in good conscience enjoy a right which is mine as a privilege of another person's and at that time I also added that if I did other than vote for a woman: ordination I would be condoning the church in doing what white peo;le have consistently done all these years to me as a Black and that was my position. And, I want to tell you this, an awful lot of those boys are coming back here and incidentiv, convention closes tonight, today, a lot of them coming back are assuaging their wounds, ok. Mayor Ferre: All right, now that we've got that one behind us, let's see if we can get the other one. Now, Mr. Weston, I think it is important that this matter be properly codified on the record as to what exactly happened, why it happened, how you did it and who you talked to and when? ck? Mr. Weston: Yes sir. First of all, Commissioner Gibson, let me mare c l) 2r11474 very clear. I thoroughly subcribe to w:l. t you're saying that wc have to communicate and the fact that didn't get in touch witdn you, I apologize for it. But I would like to explain to you tha:: I did call you. Your secretary here was not at her desk at the time. I think I got here after she had gone home. I called your answering service and left a message for you and then I did call you personally when I found you were back in town. The beginning was Thursday afternoon and the ... when I finally got in touch with the Commissioner it was Friday afternoon and I followed this up, my attempt to call you with a memorandum explaining what had occurred and sending a copy of the temporary injunction. Now, if I can, if you'll indulged me I'll try to explain the sequence of events and what happened and why I took whatever actions that I did take and I hope that when I explain it to you you'll understand that what I did was perfectly proper and will agree with me. First of all, we have a law suit. The Dolphins, through their attorney, Dan Paul, filed a lawsuit petitioning for one, a temporary injunction and two, a permanent injunction. Now, the temporary injunction:I was called by the judge on Thursday afternoon indicating to me that it was a question in his mind whether he should recuse himself since he had some relationship with the'Doiphins. I was dealing with this part- icular problem and I was ... Mr. Paul came into the office with a copy of the petition and informing me that he was setting it down for a hearing on Friday afternoon on the temporary injunction. Now, this is a proceeding in equity which is in two stages and the t emporary is a proceeding wherein the complaining party goes to the judge and attempts to get him to make an order which will insure that no irreparable harm will occur to either party pending the pleading in the matter and a final resolution of the complete matter after a full hearing. The temporary injunction proceeding is a very summary proceeding and can be expected where there is an action what the judge could take which would preserve the status quo. That's what he's going to be looking for and what he's going to be doing. Now, Mr. Paul came in indicated to me what the pleading were and I have copies of the entire pleading, which I will make available to you should you be interested in it, but the essential part of it as Mr. Paul was attempting to insure that the Dolphins would not be precluded from playing in the Orange Bowl on their scheduled dates and he was also attacking our ordinance and he was attacking our ordinance on the basis, one, that their is ambiguity in it and two due to the ambiguity it was a delegation to the Finance Director of the discretion in determining what the fee would be. Now, both of these are very good basis for the judge setting aside our ordinance. In my opinion, in my professional opinion here it was most likely that he would do so. Now, the reason that we have that ambiguity is the ordinance has a schedule offees to be paid which I had assumed until Mr. Paul pointed out to me that they were 15%. But he did his homework and he went back and those fees are set on no particular pattern. The percentages if you'll note in the column that figured up here were quite varied. So, that due to the vagueness in the instructions here I had a problem in sustaining our ordinance. If I went to the court on the next day I was sure that the judge was going to be issuing us an order in some form which would preserve the status quo. I had no doubt that he was going to do something which would say that they would be allowed to play and we would be compensated at a rate that would be appropriate and the temporary injunction as Mr. Paul and I talked about it insured this. It enjoined us from locking the gates, which I don't really think that anybody seriously intended to do except as an extreme last resort. It also conditioned their being able to use the Orange Bowl on their depositing a surety bond with the courts in the amount of $45,000.00 per game which for the proceeding two games and the one that's coming up is $135,000.00, that bond ?.as been posted in he court now. The order further provided that the ultimate determination of what the fee would be that we would be paid would be the fee which would be ultimately determined. 5o what this did it left right with this Commission the same power and authority that it always had as to • • determining what was going to be collected for the use of the Orange Bowl and it gave us the time to remedy the deficiencies in the Ordinance so that by the time that we have to make the determination.we will have a defensible ordinance. I directed my staff immediately when I found out that we had some problems to start working on correcting it. I got a corrected ordinance that was worked up late yesterday afternoon. I have not even had a chance myself to really review it so I don't want to present it at this time, but I certainly want to urge the Commission to take some action to remove the ambiguity that exists in the ordinance and specify the price which shall be exacted for using the Orange Bowl in the event that we do not have a contract. Mr. Plummer: Mr. Weston... Father, let me just make one point. Mr. Weston, I think if you'll pull the minutes of the meeting in which the policy of this commission was set. Mayor Ferre: Wait a minute. Mr. Weston: Wait a minute, now a let me answer that too... Mr. Plummer: Oh, I thought... I thought you were finished. Mr. Weston: No, well let me answer that. There are minutes that this Commission did discuss and make motions. The information is available, but this Commission cannot act except through a written resolution or ordinance. When you discussed these things and pass motions and you announce your intentions all that is, is information It is not the law which would guide the Finance Director in determ- ining the fee and what I want to do is to put your intentions into the final form. I know what your intentions are. They are that the amount in the event that there is no contract is 15%. Mr. Plummer: No sir. No sir. And, I was very, very clear/ And I even corrected Father's motion so that there would be no ambiguity. There is the ordinance. I said not 15% because Mr. Robbie can contended that its different, the prevailing ordinance. Mr. Weston: that's the problem J. L. there... Mr. Plummer: `here's no problem Frank. The prevailing ordinance is very clear. Mr. Weston: No it is not. Mr. Plummer: It's not? Mr. Weston: No sir. Mr. Plummer: I think its extremely clear. Mayor Ferre: Well why don't you let the man finish.r.. Mr. Weston: J. L. the ordinance would be very clear if the fee was $5.69. They don't charge $5.69. They charge I believe, $8.50. And, the next page of your ordinance provide and it's in the pleading that the Finance Director will determine what the fee is. Not less than 15%, but in accordance with the principles that are established here and those principles are unclear. Mayor Ferre: Are you finished? Mr. Weston: No. Let me add one thing. Immediately after I had entered into the agreement with Mr. Paul as to what the terms of the temporary injunction would be I mad an effort to contact the Comm- issioner who were involved in thing. I called the Mayor and told him what was involved in it. I called Mx, Plinmmer's home to tell him immediately. The person that answered the phone there said that he was sleeping, that he would be waked up later on and when he awaken he called me, I told him. I called you Commissioner Gibson... Mayor Ferre: Was this between 10 in the morning and about 5 in the afternoon? Mr. Weston: No, this was late in the afternoon Mayor and he did respond. Mr. Plummer: Within the hour. Mr. Weston: I think so, but I don't remember the time sequence that close together. But I did attempt to communicate with the people who had been deeply involved in these things. I knew that some of the Commissioner were not in town. So, I insured that I would get the word to everybody in a written memorandum. which I sent out immediately. Mayor Ferre: Before I recognize anybody I want to see if I understand the sequence of this. In the first place, on Thursday, the judge called you. Mr. Weston: That's right. Mayor Ferre: Then, you met with Paul and he showed you the ambiguity and you made a judgment(a legal judgment) that he might win if this thing was p ursued, is that correct? Mr. Weston: Well, with one correction. I have met with Paul on a day preceding when he had pointed out this ambiguity. Mayor Ferre: Now, at that point you did not contact anybody before you made the agreement. Mr. Weston: Not at that particular moment because I had no doubt in mind I had to do something. Mayor Ferre: A11 right, then you contacted the City Manager before and myself before or after you had signed this stipulation of the agreement. Mr. Weston: Afterward. Mayor Ferre: After, all right. Mr. Weston: I just informed you. I didn't ask you. Mayor Ferre: I understand. I'm not arguing with you now. Under the charter you have the right as the City Attorney to do that. Mr. Weston: I have a duty and responsibility. Mayor Ferre: Wait,wait a minute, that's just what I'm trying to get. This is what I'm going to try to get clarified. I want to establish the facts. The facts first of all, are that the judge called you on Thursday. The facts are that you did talk to Paul before and after. The facts are that you in your opinion thought that you had to do something. Mr. Weston: I knew I had to. Mayor Ferre: You knew you had to do it. The facts are that you did not contact me or any of the Commissioners before making that lit1111i1mi1 1A111114A111111s11 • decision. Mr. Weston: Not previously, no. Mayor Ferre: Nor did you contact the City Manager. Mr. Weston: No. Mayor Ferre: In your best judgment as City Attorney you did what you thought you had to do and you were empowered to do under the charter you did it. After having done so, you did call Mr. Grassie, is that correct? Mr. Weston: Yes. Mayor Ferre: Then you called me,after you talked to Grassie? Mr. Weston: Yes. Immediately. Mayor Ferre: All right, and then you called Plummer. Mr. Weston: Yes. Mayor Ferre: And, then you called Gibson's office'? Mr. Weston: I don't know which was first, but I called all three of you in sequences quickly. Mayor Ferre: Did you call Reboso and Rose Gordon? Mr. Weston: No I didn't because they have not been as deeply involved in the discussions, but I sent a memorandum out to them which they should have received before anything occurred in this thing. Mayor Ferre: All right, now this thing was published in the news- papers on Friday? Mr. Weston: On Friday. Mayor Ferre: And, as I recall Plummer I saw you Friday evening when you told me that you were very upset and concerned about this whole thing. I just wanted to get the sequence established. Now, because I don't want anybody, and I'm not talking about you Father. I think there's been some concern around here that somehow the Mayor was involved in this thing and that the rest of the Commission was not. I want to make sure it's clearly understood that I found out about it. after the fact. I wasn't anymore you know, in to this than anybody else. I think that the same is true of the Manager. Now, we can get into the discussion as to whether or not the City Attorney under the charter is entitled to make a decision like that without consulting with the Commission and so on. Father Gibson: Mr. Mayor, since I raised the question. I want to make it crystal clear and I raise a question I am not blaming... I want the facts. The facts as to sequence. The sequential order was given. If there was any fault Mr. Mayor that I thought you were involved I now want to absolve.any, ok. You got my blessing man and after this God knows I'll give you ten thousand blessings ok. Because I don't want you to e'er think that I want to...you know... and I'll glad you did it that way. The or thing I learned that if you put it on the table, you know, ok. When I talked with Mr. Weston, having read it in the paper I was mad as .... He said, well, you know,we were going to have the meeting on Tuesday. I said well, I'm not going to be any more pleased at that time then I am now. imui le!,971TQR4'r1? I want to tell you I may not be as angry, but my thinking procliat, are much more coherent ant together now that I know the sequence,ok. It would appear to me if the judge had indicated to you, you know, that he had some personal interest or some equity, wait ... Mr. Weston: I just want to repsond that he called me to find out if I wanted to ask him to recuse himself. Father Gibson: Man, I ain't no fool. If he had said that to me knowing how this Commission felt I would have said well judge you better pass it on to another judge. Not that you wanted to impugn you know, the honesty and the integrity Judge Orr well. He's one of the natives around here, you know what I mean and I don't have no doubt, but you know when this kind of issue is up I don't trust, you know the fact that my personal emotions is not going to be there,ok so that's one thing. Look, the fact that the judge says look I'm going to leave it right there, you know, because knowing how I am. I want you to know that it is virtually impossible if he had some equity involved. Wait,I didn't bother you,now. I don't want you to bother me, ok. The fact that you wouldnt said that look man here's the danger signal, ok. Number two, I believe that if the law had run its course we had us a doggone good case, simply because for months we tried to get the Dolphins to come here to negotiate and only at the last meeting or the one before the last did even the managing partner show up. Now, I'm going to tell everybody I don't have anything against Joe Robbie. I prayed for them for years and even made a record, how I said the Dolphins was good for the city. I've enjoyed the Dolphins hostatality. I've traveled all over the country with them and you know, you can't believe as late as last week when'I was in Minnesota, the boys was saying to me, say here's the chaplin fcr the Dolphins, you know what I mean? So, I mean, Joe Robbie and I are all right. And, let me add the other thing, up until Joe Robbie can in, you know, the Dolphins invited me up there in the press room. I don't know about the others but I hadn't been up there and I made sure when he opened that door to me I took some other Blacks so that it would never be said that I enjoyed it all by myself, so that now he and I are fighting. I got some friends you know, said, well you know he took me up there with them. See, I learned that part of the game. So, it needs to be said that we d id not voluntarily shut the door. We said that if failed to pay and Plummer was specific, corrected that based on the ordinance. All right, let's agree that the ordinance is not clear. You know, we pay pretty good salaries around here to get things clear and get them right. I'm glad that you have proceeded now to get it clear and get it right. I don't understand how they arrived and listen to this one Mr. Mayor and Mr. Reboso where I come from and that's here and if I don't know how to add and subtract I got to blame you whites, because this is what you set-up. I don't understand how it was all right to pay $22,000 plus dollars when Mr. Andrews was here it was recognized that, that was about 4.(something percent). Twice 22 is 44 and then you know somebody says that it taint right, well I don't know how you all figure man but the school I went to you, that you all provided for me says (one and one make two)(1+1=2) two and and two make four (2+2=4), three and two make five(3+2=5), ok so I mean I don't know how you explain that. And, I, you're getting from me 8%. We were under the assumption that the ordinance said 15%. Let's assume my assumption is right for the sake of argument. I would have not oily got $4a,000 but approximately 75 to 8 plus thousand dollars, if I got 15%, isn't that right. Now, all of my white brothers and they say black and white don't lie. Is that kind of right? If the percentage that Andrews said before he left was right, ok. Now, all I'm saying is Mr. Mayor, maybe what we need to do is to gave the bull by the horn. And, you know, if we have to go all th.? way up , all the way up, and just like you made that request for us to get special counsel. If it need be that maybe we have to go to that and go all the way up. But I don't think we need that, you know. Go all the way up because maybe let me add this maybe the boys down here who is going to hear the case may have an interest as you have already indicated your own words. And, maybe nobody up there has any interest. You understand what I mean, what I'm saying. Now, I am mad as all get out that you usurp my authority. When you heard what I said here and all along I was trying to get the Dolphins, I was the most... you know, a funny thing up until about three months ago, I was the greatest conciliator on the Commission, now I am the bad guy. Man, I don't understand think and reason. The Commission, I trust, has heard what I had to say and I like to take appropriate action so that, Mr. Mayor, what happened to me in this case won't happen to me as did in that other case. You remember I warned you all about th± other case early this morning. And, you know that's happening. Ycu remember the the other case, well, ok, you remembe-- the case about hiring the special counsel, you remember that? I told you the easiest way to erode the authority of this Commission is to tolerate what he wrote him and once you erode once its easiest to erode again and its easy to erode again. Now, if we are not going to let you erode the authority of this commission everybody start being careful and I want everybody to be careful, because I'm un- usually careful. Ask Mr. Grassie. When I wanted to know something about the minutes and so on, you know how I do, I don't know, I go to somebody in authority to tell me how I do this. Here's what experience has taught me I don't care how wrong I maybe later on I can't be wrong because I went to the authority and I do what the authority tells me to do. Mr. Plummer: Let me ask a question? Weston? Mr. Weston: Let me respond to what he said because a couple of things I've got to answer. First of all, let me make it clear that the temporary injunction and the hearing that we were talking about is only the first step and the judge that I was talking about in that particular one was the emergency judge that would be hearing the emergency hearings. Now, I don't want it to be anyway misunderstood in anyway shake or form that the ju3 ge and who he was had anything to do with the ultimate determination. If it hadn't been an injun- ction which I thought would have been issued by anyone then he wouldn't have heard it. And, my determination had already been made before Danny Paul came in that were I to have to have a hearing the next on it that I would ask that judge to recuse himself, but there was no necessity for his recusing himself when we had deter- mined what the terms of the injunction would be before it went there. He only authorized it. Secondly, let me try to make it clear that everybody understands this lawsuit is not in anyway shake or form over. We have not even answered it yet. This is a temporary injun- ction to maintain the status quo until we can litigate it. We have 20-days from last Thursday to file our answer, our motions and to dispose of it and this will be the ultimate litigation of it. I certainly intend to litigate this thing and get it completely disposed of, dismissed probably, but the temporary injunction we have is to maintain status quo so that it will insure that no irreparable harm will incur until the court can hear the case. Now, there is another concern that I had. Tf we had done wrong and we had barred these people and the lawsuit had gone on and we had been found to have over stepped our authority we would quite likely have incurred some liability and there's no need to even to get that at this particular stage. The status that we have right now insures that one: we're either going to negotiate and we're going to have a contract, the terms of which, this Commission will approve or we're going to be operating under the terms of the ordinance. We're right exactly where we were prior to this temporary injunction. crt 9 'A 1973 Father Gibson; Ok, let me ask this ... wouldn't it have been a nice thing to ask the judge to recuse himself? Mr. Weston: I would have sir, had he had anything to hear and determine. All he did was to make official the order which we had agreed upon. He had no decision to make in it other than to approve it. Father Gibson: Ok. All right. That's a judgment, value judgment decision, so I have to defer it to you. If the injunction meant to retain status quo -- they didn't have to go to court to get status quo we settled that here, you know. Didn't we retain status quo Mr. Mayor? Mayor Ferre: Well, I think you're right, that's our view of it. But the problem is that the Dolphins got themselves a .mart lawyer. I'm sure he's well paid and he's a smart fellow so what he did is he went --- Mr. Weston: You've got a court saying that were going to have status quo. Mayor Ferre: I'll tell you he say this thing and he said and he took the newspaper and he said,look at these guys down there, they're saying that they're going to close the gates, and judge you can't let them do that to us and then he said look at the ambiguity of this thing, he says one thing here and says another thing here, says this thing isn't amy good, it's not clear and you know, all of a sudden Weston finds himself where he's behind the eight ball. So, now I'm going to tell you my opinion... Father Gibson: Well, beforeiyou tell me your opinion, let me let answer this. Mr. Weston, isnt_- I am not Weston, my name is Gibson. I'm not a lawyer. I'm a clergyman. This is the way I reason as a clergyman. if I were in trouble and I know that all the people, my vestry took an adverse position I would have at least acquainted my vestry. I would have at least acquainted my vestry. What I'm really trying to say is and I maybe wrong. Mr. Mayor, you hire people in season and out of season. I thought that the reason you hired lawyers is lawyers will fight you the law. If you don't like what he fights and if you don't want to follow his recommendation he tells you I can defend you in court. And, I learned this in law school. I can defend you in court. I would you on this philosophy of principle, so_=so, so you You tell me what my position is. All I'm saying is significant that with five Commissioners not one of fact, that's all. in the one day go in court with fight me the law. it is strange and us knew before the Mayr Ferre: Now, I'm going to express my opinion. I don't know whatt legal or ... Mr. Plummer: Yes, I'll give in to you Mr. Mayor, go right ahead. Mayor Ferre: I don't know what legal... ah, you wanted to talk. Mr. Plummer: I waited for Father Gibson and I'll waited for you. I'll be happy to. Mayr Ferre: Mine's real quick . I don't know what's legal or what's illegal. I'm not a lawyer. I do xcept the goodwill of Mr. Weston and the fact that I think he tried to do what way in his mind was the best thing for the city. I do think there was poor public relations and I think just from a simple practical point of view. • Number one, I would have asked the judge to recuse himself if he :ad any doubts about it himself. I would not want anybody who would hav <: any doubts. Secondly, If there was ambiguity in this thing and I except everything you said. You had to do it and that;s the way it happened. I think before you finalize on it I think it would have been a good idea to call everybody and if you didn't everybody, I mean all five members of the Commission and if you just couldn't do it. To send us a telegram. You got enough money in the budget to send a telegram.. So that that night everybody in his home would have had the ... what happened and offered yourself with your phone number at home you're available for discussion on it and that there was a special commission meeting needed we could have called it. My problem in this whole.thing is not what you did but how it was done. I have no quarrels as to how... because I;m not a lawyer. I don't know whether it's legal or illegal. I just think that the way it was handled created the illusion if not the reality, that you acted unilaterally arbitrarly and without the consent of the Commission. Now, saying all that I accept the fact that you acted in good faith and you did what you thought was hest. Now, there is a singular situation that arises and I have to bring it out unfortunately. Mr. Plummer: Wait a minute I don't want to leave this one. 49, BRIEF DISCUSSION ITEM - DOUBLE TAXATION LAWSUIT, Mayor Ferre: I just want to make it intangent because its part of tly same problem, where I think again it was the same lack of communicate which creates the same doubts. We dropped the City of Miami lawsuit. Mr. Plummer: Who did? Mayor Ferre: Frank Weston. Mr. Plummer: Can't do it! Mayor Ferre: Wait a minute, wait, let me finish. Mr. Weston, who's our special counsel, which I didn't even know by the way. Oh, Assistant City Attorney, who's been handling this case made it a legal decision to drop the lawsuit against Metropolitan Dade County for double -taxat- ion. I want you to know Mr. Weston that when I first heard about it it was somebody from a radio station that called me to ask an opinion. Now, this is the first time I heard about it and I just kind of bluffea it through until I could get on the phone and find out what was going on. And, then I think you and I talked about it and you explained it to me and I accepted it again. Something as important as that I would have felt a lot better if ... Mr. Plummer: I haven't voted on it and by God, unless somebody wants to get called up on the charter there has been dropping of the lawsuit against FEC. Mayor Ferre: Not the FEC. Mr. Plummer: The Double Taxation. Mayor Ferre: Well, what I mean to tell you is if this happened I had nothing to do with it . I didn't vote on it and I heard about it... Mr. Plummer: It hasn't been done. Who has the authority to do it? r�r, t SEP 2,'31976 Mayor Ferre: Well, wait a minute, let :le finish. In this cas-•, I didn't even hear about it from the City attorney, The previous case of the Dolphins I was called Thursday afternoon and he explain- ed this to me and I said Mr. Weston, I think what you've donA is reasonably and I understand what you're telling me and that's fine. You said you can't do anything about it. It happened that way, fine. I accept your good faith. Now, the other case, I heard about it by a radio station calling me and then I called to clarify the sit- uation, or you called me or I forget how it how it was, but I didn't hear about it from you. Mr. Weston: That's correct and I'm going to have to pass the buck on that particular one. I didn't hear about it until you called me. Mayor Ferre: Don't tell me that. Mr. Weston: Let me explain to you what happened to this particular one. We have secured the services of Mr. Ruff handling this particular case. Mayor Ferre: How can the Assistant City Attorney make a decision as important as that. Mr. Plummer: He cant- 1r. Weston: Well, let me try to explain it to you and I will. Mr. Ruff had gone through this particular case and we had run into difficulties proceeding with the timing that we have. We found out that their was come amendments to the pleadings that had to be taken care of and the procedural matter on the thing would be to drop the pleadings that we had and to refile, that's all that's been done. We have not abandon the case or anything of this nature. Now Mr. Ruff brought the matter to my attention. He explained to me the reasoning why it was sound and I agreed with it, but I told him that due to the status of the City Attorney's Office right at this particular moment I was not the one that should make the final decision. That we had a new City Attorney that's coming in, that he should be consulted and I expected it would be done after he got here. Mr. Ruff communicated this information to the new City Attorney he got his concurrence that it was a good idea. Now, I don;t think he got any approval to proceed or anything of this nature. Uut he understood this to be the authority to go ahead, in which he did. And, my first knowledge of this thing is when I got the call that what's the city doing ak ut dismissing the case. Mayor Ferre: Mayor of the as that fm m Mr. Plummer: I'm going to taxation. That is unbelievable. That the City Attorney and the City of Miami have to find out about a case as important a radio station. Now, you see that's not the point and that's the point hit home cn. There has been no dropping of the double Mr. Weston: That's correct. It has been. Mr. Plummer: Because the point I want to get to and I've got to ask Frank on the record because you know, as much as I love Sandy Reed I want him to have the opportunity totell me whether what I read in the paper on the Dolphins suit is right or wrong that you proffered the agreement, the consent decree on the Dolphins. Mr. Weston: I proffered it. Mr. Plummer: The 'onsent decree as I understand it, am I write or wrong? ! 1i191R11IPIRP1.1' I SEP 2 3 ' 976 Mr. Weston: Well, its in a nature of a consent order. I did not Mr. Plummer: Do you proffer the terms or not? Mr. Weston: No I did not proffer the terms, we just... Mr. Plummer: The article speaks... Mr. Weston: Please let me answer. Mr. Plummer: All right. Mr. Weston: It was a question of discussions, Negotiating back and forth. Part of the things I agreed too. Part of them which Danny Paul did. The ultimate document itself was one which we negotiated and came to an agreement on. I did not proffer the entire thing, no. Mr. Plummer: Well then you're saying that the article in the paper was wrong? Mr. Weston: If it says that I proffered that order in the form that it is ... that is wrong. Mr. Plummer: Ok. Then I hope you will follow through and ask for a correction. Now, point number two, where do you get out Mr. Weston of negotiating anything otherthan the policy of this Commission? That's what I don't understand, because as far as I'rn concerned this Commission has not til this day agreed that your negotiation is what we're going to stand still for. Mr. Weston: That's exactly right you've not agreed to it and I've been trying to explain all alone that what this ordinance does it leaves it into your hands the ultimate determination of what the terms of the rental or the use of the Orange Bowl will be. Mr. Plummer: No sir, it does not. Mr. Weston: It certainly does. I got it right here. Let me read it. Mr. Plummer: Ok. Fine. Read it. Mr. Weston: This injunction is conditioned upon the Miami Dolphins limited posting a surety bond conditioned to pay the city the amount it may finally be determined in this action.the Miami Dolphins are obligated to pay to the city for the use of the Orange Bowl or such games the amount of such bonds $45,000. Now, the court is not going to... Mr. Plummer: Continue. Read me the portion;what I'm getting at is that they have the right to play all home games here this year and that if this Commission and the Dolphins cannot negotiate the court will settle it. I am not about to agree to that without a fight. Now is that part of it? Mr. Weston: No sir. Mr. Plummer: It's not part of it. Mr. Weston: No sir. The bond is posted on a condition that the amount be paid as finally determined. The court is not going to determines what the rent is. It's either going to be ... l l' 2 ` :192gi Mr. Plummer: Do you have a court order there: May I see it pleas : Mr. Weston: The court is going to say that its either the contract agreed amount or the ordinance amount, but they're not going to say that its going to be $35,000 or $35,000 or $40,000. Mr. Plummer: Mr. Weston, I call to your attention sir. It says here that they have the right to ... (Inaudible conversation) Mr. Weston: That was only a temporary hearing to establish that we would maintain status quo until we could have a hearing. And, the hearing will proceed in the orderly course. We answer within 20-days. This is early. Mr. Plummer: This isn't what I read then. Mr. Weston: That's a copy that I sent to you. Mayor Ferre: Look, it's now almost 5. We've made Elizabeth Virrick wait all morning. Now, we're making her wait... Mr. Weston: Can I just say one other thing please Mr. Mayor. I want to make it clear the reason that the City Attorney doesn't have to come to the Commission everything a move is made in court we've got hundreds of cases going. And, we've got to respond in pleadings. We've got to answer and we got to make judgments in all of them. Now, this one is different and I have no question, that in this one communication was lacking and I'm wrong in that particular thin; .. don't deny it. Mr. Plummer: When does this thing go to court? Mr. Weston: It hasn't been set yet J.L. We have to answer it. We have to determine what motions we're going to make. We could dispose of it in a motion hearing and have the whole thing dismissed. We may answer and defend. And, when we do that we're going in and establishing the basis for our setting of our fees and if they're reasonable and dismiss the action. But it has to be determined in a final hearing. Not in the temporary injunction hearing. Father Gibson: Mr. Mayor? Mayor Ferre: Father. Father Gibson: Two things. I'm like Plummer I don't like that word nineteen hundred and seventy-six football season, man, come oni Then, we have to go to court ... all the hearing after the seasons over. You know that's hog wash, they got to be smarter than that. Number two, I hope Mr. Weston... maybe I don't know, if Rose wants to vote I want to make a motion that you ask the judge to vacate that bench! I'm not distrusting them but I want to protect it. A lot of difference between distrusting him and protecting him. Let me protect it. You see I don't want us to do by that judge what the Latins did by us this morning. You know what I mean,Mr. Grassie, one of these days you're going to thank Gibson. Remember the other day when I told you about get those little things straight now before 15-years from the day. You didn't understand that. Ok, I think that the judge, you ought to ask and the judge offered to do it. Mr. Weston: NO. Commissioner Let.... Father Gibson: Spare us the anguish later on ... M • 9-'r VA���.L •ai l� Mr. Weston: Let me clarify something. Judge Orr is not the Judge to which this case in the entirety was referred to. He was the emergency judge that heard the temporary injunction. The case is referred to another judge. Father Gibson: R11 right, that's different. Mr. Weston: The case is referred to another judge. Father Gibson: Who is the other judge? Mr. Weston: The best I know at the time that we heard it, it was Judge Grossman. Father Gibson: Let's make sure and ask the judge, I think that's fair. Mr. Plummer: I want to know what's the next step? How soon are we going to know something? Mr. Weston: The next step is either to file motions on this thing or in answer and litigate it and I've got people on my staff that are working on that today. Mr. Plummer: I don't want them to get away with a regular home season. Mr. Weston: I understand that we're going to proceed toward that end. But you see I'm not in control of the complete schedule of the courts and when they will hear ... Mayor Ferre: I understand that. Frank, again, my only problem and I disagree with the statement you made a little while ago where you said that you deal with hundreds and hundreds of cases. I'm sure you do, but I doubt very much if you deal with hundreds and hundreds of cases like Miami Dolphins and like the Double Taxation Lawsuit. I doubt very much if in five years(5 yrs) that there are cases that are that important. Mr. Weston: Mr. Mayor, I just want to clarify something. I said that that's the reason why I don't have to consult you all the time. I didn't say that I should not. Mayor Ferre: I recognize that you don't have to. Mr. Plummer: What would have happened if you had not agreed? Mr. Weston: We would have been in the court and the judge would have issued an order and in my best judgment it would have been more onerous than this one. The judge would have said you don't keep them out and they would have put up probably less of a bond. Mr. Plummer: But we had the right to appeal that? Mr. Weston: That would be temporary, just like this is. Mr. Plummer: Ok, I just want people to remember that I'm going to remember. Mayor Ferre: Well, ok. Now,... Mr. Plummer: Now, let me get to the other, the Double taxation.., Mayor Ferre: No, wait a moment, we're not going to get to the other one until we get through with one. Now, on this Orange Bowl thing, r,4 c 2 `_I 1S7 I think its important Mr. Grassie that we continue our negotiati4,. with these people. If there are and such negotiations and without. stopping our lawsuit I think we ought to pursue this and bring them to court real quick. But on the other hand if its any way of ... I'm still hopeful that someday,somehow, somewhere, we're going to come with a reasonable agreement. Father Gibson: Mr. Mayor., I think out of fairness to Mr. Grassie we did not go through that workshop. You know what,some citizens called me and said Mr. Grassie, 1 like to give a man whets due him. Some citizens called me and said that they thought that all the facts should be spread out so that the citizens would know as well as the Commissioners would know and I think the workshop showing where the moneys come from and where they go may not be a bad thing. And, it might be that as you go into court it may even cause us to get far more than we're getting. Mayor Ferre: Father, you see all those little red marks up there... Father Gibson: I agree with you Mr•. Mayor. Mayor Ferre: For this part-time jeb. That some editorial writers around here don't want us to get any more... Father Gibson: I agree. I agree. Mayor Ferre: All right. Ok, air, anything else on the Orange Bowl or this lawsuit with the Orange Bowl, all right. Mr.Plummer? Mr. Plummer: I'm just expecting its going to be brought to a head as soon as possible and I'm looking to 30-days. Mayor Ferre: Mr. Plummer: On t•he other subject? Mr. Plummer: On the Double -Taxation, do somebody want to inform me what's the hell going on? I haven't had yet any information, have I? Mr. Weston: As I understand in the Double -Taxation suit we have a requirement to change our pleadings in the case and we have a requirement to give some more time to get everything together. The alternative would be to and the one that we selected would be to dismiss the current pleading and re -file and in that we will be allegedly the things that we think are necessary currently. Mayor Ferre: Now, we didn't drop it with prejudism's of any kind did we? Mr. Weston: No sir. We dropped it without prejudice with leave to refile and this is only a procedural step in the case. In order to plead it as we now see is the most promosing way to do it for the city. Now, one of the reasons that we wanted to refile it is that there now is new proposed budget that is been prepared by the County. They have changed some of the things that they asp doing, but... Mayor Ferre: Frank, excuse me for a moment. here on the question of liquor licenses. We of October 14th for a public nearing. Today ing. We just set the date. On the 14th and statement that the 'hotels and the clubs have same, so I don't know what t6.t r�.st of this Yes, general public hearing for everything, beverages, that's right. Ok, I'm sorry Mr. .. Mr. you're established the date was not a public hear - I've all ready made my to he absolutely the Commission will... dealing with alcoholic Weston. Mr. Weston: I have with me the memo that was submitted to me by Mr. Ruff which he summarized the reasons and I think he's got them all together which I can probably ... Mayor Ferre: All right Frank I'll tell you we've made Elizabeth Virrick wait all morning. She's been waiting two hours now and I think it's unfair to her it's 5:00 o'clock. This is something that we can do in-house later on. Mr. F.Weston: I you can do it at Mr. Plummer: No would suggest I copy it and give it to you and then your leisure. , I would suggest... Mayor Ferre: We're going to take it up tonight. Mr. Plummer: Ok. Mayor Ferre: Ok. I understand and we're going to take it up before we leave here at 6:30... right, Plummer? 50, PRESENTATION - DEVELOPMENT OF GRAND AVENUE PARK ON FORMER SITE OF COCONUT GROVE INCINERATOR (HARRY, OPPENHEIMER, Ross & Assocs.), Mr. Milton Harry: My name is Milton Harry, representing the joint venture of Harry, Oppenheimer, and Ross, Edward Stone, Jr. and Economic Research Associates. While my associate is setting up the displays I'd like to identify for you the members of our task force. From the City of Miami we had on our review group Mr. Tom McLean, Park Department, Mr. Jim Kay of Public Works, and Mr. Jack Luft of the Planning Dep artmenc. H.O.R. Project Manager, Mr. Peter Wilson, from Edward D. Stone, Dave Armbruster,and_ Perry Howard for Economic Research Associates- H. Stern and our community consultant Mrs. A. Brice. The report which you had eminents from the authorizat- ion given by this Commission on July 17th, 1974. The thrust of our contract was threefold. Initially to develop a recreational master - plan for the incinerator park and the Grand Avenue Park Site. In- cluded in this master plan beside physical development was the concept of program development. Useable programs for those facilities. The Second thrust was to find a recreational reuse of the Incinerato. Building and other ancillary buildings on both sites. Implicit in this was the concept of cost benefit analysis in all of our recommend- ations. And lastly, we were to consult with neighborhood groups through community agencies and with interested parties to ascertain what plans were underway in this area what the commmunities needs and feelings were about these programs and an effect to get as intimate a feedback as we could from the community. Starting with the latter procedure because the first two items assumed that the programs that we have will be acceptable and answer the community's needs. A process was established by means of public meetings and the establishment of a task force. The task force was as a cross section of the community as we could assemble. All problems and all progress was reported to and work to the task force as well as to the city. So we had feedback from both directions. This report is characterized as a working report to describe this process, whereby individual steps were reviewed with the city staff and with the community rep- resentatives on ongoing basis so that its close to a consensus could be arrived at as these steps was 17:oceeded through. One of the things that came out of this process was a re -orientation of the assumed priorities. Our contract started with the assumption of recreational in the broadest sense. The community re -defined these priorities in terms of an order they felt more significant. They 1.‘ I ►• placed vocational needs, cultural, social, anal recreational in tha`:: order with an underlying theme of the recreational through all or these things. These raw recommendations from the community were reprocessed through the planning team and re-evaluated to ascertain the economic and pathology feasibility. And, our process again taking this input into account re-establish priorities at a cost benefit basis, and on a feasibility of a vailable programming and available management context. Now, the programs which we are going to recommenc. and review here are thought of as a phased operation. Starting with what is practical and feasible and working toward an ultimate goal. The contents of the report give us a working tour by which each step can evaluated and the total process implemented. We're prepared at the end of our presentation to make specific recommendations as to what we think the phasing steps should be. But to start the process I'd like to introduce Mrs. Anna Brice, who can tell you a little bit about the means by which we obtain community involvement and the depths to which we were able to get their reaction on our individual proposals. Mrs. Brice? Mrs. Anna Brice: Good Afternoon. Mr. Harry just reviewed the proccl:,s through which we did make the determination and the recommendations that will be made for the programming. I'd like to just indicate that I was a Community Consultant for the firm of Harry Oppenheimer & Ross during the climbing stages of the ... coconut Grove Incinerator The whole idea of community involvement has been one promoted by social scientists over many, many year U. period and time. And, in this particular project it was used I think to the most effective end. My responsibility was to garner from the community persons living in the community just what their determination of the needs in that community are. We initially, as Mr. Harry mentioned had certain preconception: about what the needs were and what the project would be. Those quickly dispelled by those persons who were living in the community. They outsinF a the priorities. it was amazing that the two most pressing problems that our community task force partici- pants identified were unemployment and crime rate in the Coconut Grove Area. Consequently, the priorities that we came to reflected solutions as seer, by our task force members to those two particular problems. Further, we went through a very objective process after the community had given up their priorities. We went through an objective process of the components of the team , going through a process of determining based on several items,social, economic and evironmental factors as to what those priorities should be in terms of cost benefit analysis on the line. Its amazing that the prof- essional analysis was exactly the same as those persons in the community outlined to us initially. The task force met a period of fourteen times. We had representatives from the community in the Junior High Schools and Senior High Schools, we had senior citizens, we had young people, middle age people, we had representatives from all aspects of the community participating in the task force. The one thing that I think we were very good at doing was insuring those task force members and some of them are present today. That their recommendations would in fact be communicated on an honest basis to this commission and we would communicate them honestly and as they recommended them to us. Mr. Pete Wilson will new give us an outline basically of the report as you'll see we have the report outlined here information and conclusion. So, if you'll open your booklet to that Mr. Pete Wilson, our Project Coordinator will proceed. Mr. Pete Wilson: Good Afternoon. I'd like to briefly review, if you can turn to page 5 of our booklet_ I :eally would like you to feel free to use this booklet. We put everythir..:4 that went forth in our planning process. Our conclusions, the logic behind it, the sources of our investigations are in this booklet. The Essence of what we've come up with is on page 5. And, I'd like to briefly S E P review that before I get into the nuts and bolts of the explaining the master plan, and phasing and the money issue. These three horizonally. Question number one, deals with as Anna mentioned this issue of what we identified as issue our athletically, orient- ed recreation programs the only or even the best way to approach the needs of this community. And, we felt both the task force and the professional staff felt that this was not the case. We excepted the mandate of the task force, but we put it to a test and on page 34 of this booklet you will notice we have what we call a program matrix or a cross benefit analysis and going through identifying particular activities in each category that they asked us to review. We evaluate each one of those activities in terms of each other. In terms of the various criteria and the environmental,eocial and economic groupings that we came up with. And, the result of this evaluation confirmed their priorities that vocational *_raining programs would have the best long run cost benefit as an activity at this site. Now, we feel very strongly that the incinerator building itself can play its most significant role if the city can make a commitment to supplying programs that are relevant to that neighborhood needs. Point number two or question number two, what role can the city and other community institutions play in helping this neighborhood turn itself around? Our answer to that is that institutions can and should act as a catalyst to get things started but, and this is a very important point. Ultimately, any programs which go in there must be a self sustaining as possible. These programs should be selected based on their cost benefit ratio to the neighborhood and the greater community and their ability to maximize neighborhood involvement. I think its' very It - important to realize that any activity that we put into that park and in that structure that is not acceptable to that neighborhood is going to have problems. Now, that doesnt mean it has to be exclusive to that neighborhood. Most certainly the site. We have almost twelve acres potentiall'. of land their and 75,000 sq. ft. of building area. The site probably and building far exceed that surrounding neighborhoods capability of making full utilization of it. If full utilization is important. But, we're not saying that and this point number three, should this facility be strictly neighborhood oriented or can it serve a community wide interest area. Well, because of the potential of this site and the location. Did you have a point to make Mr. Mayor? Mayor Ferre: No, I'm getting interested. Mr. Pete Wilson: Please feel free to interrupt me at any time. As long as the activities and I'm reiterating this point relate to neighborhood needs then outside participation in this facility could be desirable and you will note that the location of this site makes it very, very good in terms of access.from other community areas. Another key point that we have tried to take into consideration hem is our neighborhood participation in any improvements that will go on there would also probably be a sensitive issue and must be taken into consideration, that's all the way from construction through staffing. And, that this has to be taken what- ever the activity that this should be considered. Point number four, can the development of this project be handled strictly by the city in terms of the programs that we're suggesting or will other agencies be needed in terms of their supply of the services? We feel and we've taken a stand on that, the city has needed a financial resources by itself nor the programming expertise to handle all phases of the work which we are suggesting here. Such as vocational programming. However, the city can play a key role in this process if it can take the initiative and this is one of our and perhaps our most important recommendation.... If the city can take the initiative to encourage other agencies to get involved to sup171y the expertise and to help share in the.... r 1 tr r' Mayor Ferre: Well, let's get right to it. Now, are we going to sing a song here that's goes am-doe-to-tro, is that what you're saying that we go to Metro and get them to participate? Because I think you're making a very valid point. It's a beautiful program but you're talking about ... what did you say you wanted 41 million dollars? Mr. Pete Wilson: Oh, that's top wide. Mayor Ferre: That's what? Mr. Pete -Wilson: That's top wide that would be develop this facili completely. Now, we're talking about anywhere from half a million dollars to get things started. That's to clean up the site. Consolidate the programs that we have operating there. Make the thing exceptable.light now it is not. And, make it acceptable to the city. Get the grounds utilized. Get a portion of the building utilized. To stablize the kind of program that we're talking about out their would probably run somewhere in the neighborhood of two million dollars. Now, the city has the money in hand to get this thing initiated. We have approximately $229,000 of'CD' & Park Fund money and that will begin the process. Now, you want me to get right down to the brass tact of this thing. I'll cut short going through the rest of this material. Mayor Ferre: Yea, let's get back to the last page. We'll get to the dollars and your recommendations and then I'd like to ask the Staff through the Manager as to ...I'm sure you haven't been operat- ing in a vactun o.: this. We need to know what their input in and where they feel we are and where we're going and what's the... where we're going to get the money to do...page one, two, three and what have you? Mr. Grassie: Well, in fairness to the consultants, I think maybe they haven't finished Mayor. But let me give you a synopsis of where we are in the same situation the government finds itself in two often. You know, we have a five million dollar program and we got $500,000 to deal with. Mayor Ferre: Do we actually have the money earmarked for that? Mr. Grassie: We can raise $500,000 basically between Parks money and C.D. money. We could put that amount in. But that just scratches the surface and it does not begin to provide program. And, this facility is useless unless you provide program and that's really the key. The initial context that I understand that have been made on program are not self supporting. They all depend on the city providing the money to support the programs with a few exceptions. The major exception is a school board program. And, I understand that the school board has just backed out of that. Just in the last two weeks. Mrs. Gordon: How about the dollar a year rental renewal they want on a certain piece of property adjacent to one of the schools, don't you think that they might get that for that dollar a year if it provides them programs for this location or something of that sort? Mr. Grassie: Well, I don't know that its a trade because ... at least the staff impression is that its not in the best interest of the city to c ientinue to lease that to the school board basically because the school board has let it run down and it is no longer providing the facility for the neighborhood. So, you know its just not doing the job for the neighborhood. 7F74"11111B11110111111111111111111111!1111111111111111 Mrs. Gordon: All right, I just --- looking for some straws. Mr-Grassie: And, I think that you have a memorandum from Cliff Hays. The School Board has just indicated that they no longer have money to do what six months ago they said they'd do. Mr. Plummer: And, you better also listen pretty well because this is one of the bones I'm going to make in budget. Trv're going to tell you that they don't have any money for the school resource officers either. And, that's $428,000 that I just saved out of the budget as far as I'm concerned. So, I mean this isn't the only place they're telling you this. We told them that last year. Mrs. Gorcb n: That's right. Mr. Grassie: As.i say this is .. you know, we're sort of cutting the consultants off prematurely, but if want to get to the money question its that way. Mr. Plummer: Well, you know, Mr. Grassie its all well and good to let them expound on as to what is going to happen, but if really what you're saying is we don't have the money to do it, why let them continue to draw a pretty picture that we can do nothing but get criticized for later? Mr. Grassie: Well, I tend to agree. It's easy for me to agree I guess. I'm afraid that we aet ourselves in this position because we are two opened ended in oLr instructions. We let people run witl.d out any formula and.... Mr. Plummer: Well, let me ask the architects or the engineer or the consultants, sir do you have any formulafnr money? Of course, I think that there are two types of money that are needed to run this. One of them is program money. And, we have found that there are federal programs available. Especially, in the area of locational training, and we currently have a program operating in the building now as you well know. And, secondly, there are EDA funds available for this type of a facility. In fact, Metro is matching EDA and Community Development Funds in South Dade County to build a very similar facility. So we feel that there are funds available and certainly this Public Works Grant would make this... ' and we just received ... we're all the time receiving information on federal funding and we feel and one of our recommendations is that you accept this in principle with the proviso that the programming be found. If we cannot make this thing fly with the program end of it then you re -consider. And, we have of course this booklet goes through all of the alternatives and certainly removing the building is one of them to be considered. We would not recommend that you fly into this thing c,Lth buick and water funds until you've got some strong program commitments. And, what we're asking you do right off is to investigate that. Mr. Plummer: Mr. Grassie, would this,with your knowledge of the Public Works Funds would this qualify? Mr. Grassie: As far as I know it could Commissioner. It is not on the priority list that you looked at this morning. I think that one of the things that someplace needs to be talked about is that one of the early recommendations of the consultant s as I understand it was that the structure be torn down because =ts more economical to start from stratch. Now, you kn we I don't know all the .history, but it seems to me tat in terms of economics of the project there are many things that need to be gotten into on the part of the city. If we're talking about coming up with the money... Mr. Plummer: Now, you really missed the whole one, and you should' .,,y been here. You would have enjoyed that where we would have had an architect competition. But let's don't Oo back into that. 'That's an old story. Mayor Ferre: It's 5:25. Mr. Plummer: Well, you're going to get us off dead center? That's what I'm trying to do. Mayor Ferre: I think that number one that this is a magnificant project and its beautiful and I really thank all of you who partic- ipate in it for doing such a real first class job. Secondly, I think that we obviously don't have the money to do this. Number three, I do think that it is an important project. It is not a neighborhood project. Not with that price and not with the kind of staffing that's going to need. It has tp be a community type project and I think we better reach out and see if Metropolitan Dade County wants to join us in this and the School Board. I doubt if the School Board can. I think Metro might loose some of their community funds and some of the different funding that they get from the federal and state. We've done it before. We did it with the Little Havana Community Center. And, this is the same thing except in another part of time. Mr. Plummer: Yeah, and about five times the amount of money. F Mayor Ferree And, its a lot more money. But the thing that concerns me is that we've gone out and spent a lot of money and a lot of effort to come up with a beautiful project that may not ever be built. I'd like to know I'm sure that these fine people did not work in the blind. They did not get their commission and go out and start drawing up pretty pictures. I mean, I'm sure that the staff had to be involved in this and what I want to know is who told these consultants that we hired to go and come up with this kind of a four and half million dollar project besides the community. You see let me tell you what happens in this. You go out and you hire people to go out and survey and then you draw pictures and these pictures get seen all over the community and you start building up expectations. The next thing ;'ou do is we don't have the money to do it and you know who ends up being the bad guys? You guessed it, the City of Miami, not doing the right thing by the people of Coconut Grove. And, you know, all we end up doing is antagonizing a lot of people unnecessarily, spending a lot of time effort and money. Drawing up a lot of pretty pictures and beautiful dreams and we don't have the money to do it. You know, now, ok, which comes first the chicken or the egg? Maybe you can say well now that we have this let's see if we can sell it but... We were all beefing about the fact that the City Attorney did not communic, with the Commission on two very important law things. I need to say the Administration hasn't communicated with the City Commission. Or Maybe you didn't know about this I don't know. But I'd like to ask a simple question since obviously they weren't working in a vacuum. How did this evolve? I mean who thought of this? Who said go ahead and draw this up for four and a half million dollar project? . I think there's a misunderstanding Mr. Mayor that we're not recommending that this is a planning study which recommends alter- natives and the alternative that we're showing you here is to test the maximum utilization of the site. And, I think if you read the report it would be fairly clear to you that we are not recommending that you jump into a four and a half million dollar project. That this proect is phrased very carefully and eva '-ated at each stage and the bottom line in phrase one of the project is something t. at we feel the city can do minimizaily with funds that it has at the present time. Mayor Ferre: Ok, but here's what I do in these things . Excuse Me.,. i A. maybe it's in my training. I get very impatience so I get... you know what I always read first the conclusion. 1 go to the last page. that's the first thing I read. And, here's the conclusion. Implementation procedure, ok, development of an opportunity center, the management and training system would require planning period up to one year before final judgment. The date the only funding specific- ally earmarked and so on is $200,000 from the first and second year community development budget $56,000 for Parks and People thats $256,000 the way I count, which is like the way you count. Three: Additional capital improvements of programs and funds could requ2n at least one year per grant application. Four: The city staff has recommended that the initial phase of the project include a clean- up operation and incinerator site. Five: The incinerator structure is presently occupied by Coconut Grove Cares Auto Mechanics Training Program in the Auto Education Division in Dade County School System is preparing a proposal to begin a horticultural Training Program at the site. Six: Grand Avenue Park is heavily used year around by Carver School and the city recreation. Construction of this program is undesirable. Seven: Jefferson Street should be closed before improvements begin at the Grand Avenue Parks Sport Field Area. This could take one to six months to ac^omplish. Eight: Due to incremental increase in expenses to associate with the ... upper level of incin- erator structure the consultants recommend the renovation of these portions of the building be delayed until the program requirement of the opportunity center ... be determined, Then you keep on going about the combining and so on and so forth. Every effort must be made to encourage the presence of the location program currently operated or being proposed at the site. Phasing, phase I, Program and Management, Negotiation with participating agencies, initiation of procedure to close Jefferson Street, the INcinerator site clean- up, minimum landscaping and so on, sports, renovation of garage building for temporary occupancy of the horticultural program, constr- uction and improvement of the Grand Avenue Parks sport field, constr- uction and improvements of parking lot number one, an initiation of plan preparation for phase II improvements. And, phase II, you get into all of the heavy construction and in phase III you get into inspection, expansion of the site area. N^w, what in effect that we have is a phase I proposal which will cost $564,000, so I ask the first question. On phase I what yot7're doing is cleaning up, closing Jefferson Street, minimum landscaping, you're going to close the street, you're going to renovate the garage building for the horticult- ural program , you're going to improve sports field and so on. Is that what your recommendation is? Does the staff concur? Do we have the money and when do we start, how do we get going on it? Mr. Grassie: If you're asking for my recommendation Mayor, it is not my recommendation that we proceed with that phase. Mayor Ferre: You're not recommending that we proceed with that phase? Mr. Grassie: I would not at this stage no. First, I don't think that we know enough about programming. As I say the last initiated that we've taken with the School Board is indicated that in the last ten days they have changed their mind about supporting programming in that facility. Mayor Ferre: Well, let me ask you this? Has their been communication between the staff and consultants to tell them these things aswe go along? Mr. Grassie: Well, you're asking me things that I have not participated. Mr. Mayor, if you'll recall a great deal of this was done when Mr. Andrews was here. Yes there was. There was a six month period when we met continually with the staff. 5EP231976 Mayor Ferre: Who? Mr. Acton, Mr. Hays, Mr. Crumpton, Mr. Andress, and Mrs. Gordon: Mr. Mayor, may I ask Mrs. Virricks, she's been so patient, so quite, her opinion about the need for a facility of this type, not particularly the completed facility, the first phase or whatever? Would you come forward Elizabeth? I think there's noone except maybe Father Gibson, who knows as much about the need of the area and I'm sure he's going to express himself shortly. Mrs. Virrick: Rose? Mrs. Gordon: I'd like to hear from you. Mrs. Virrick: You're asking me an awfully big question, of course there's a need. There's a need for all sorts of things. Mrs. Gordon: I know, but... Mrs. Virrick: But that isn't the question now. And, the question is how it can be financed? And, it occurs to me that it would be possible to finance it stage by stage if it were possible to get a large enough active, dedicated group together to get up the plans stage by stage and phase by phase. Let each group that takes over one phase of it get the funding and gradually get it done, because the land is there. The land lends itself to a great many things that could serve the needs of the community. Its a land lying fallow that could be used for many things. Some of the things that I think of aren't even in this suggestion. But many of these suggestions are fine. But as the Mayor says we have lots of plans of things to do, but there is no one ready set 7o to go ahead with each phase gradually and find the funding through federal sources, whatever sources we can. Now, the program that you mentioned that's in the incinerator. You all know about it because it was you who let us use the incinerator building until such time as this plan was consummated which as you know would be at best many, many years hence. And, we have in there program we're finishing our first twenty-six week's course in auto- motive training for 30 people,on the first of October, we have our graduation. And, let me remind the Mayor that he's requested to speak at that graduation at 1:00 o'clock. Mayor Ferre: What day is that Elizabeth? Mrs. Virrick: October 1st at 1:00 o'clock, if you can be there we'll be glad. I've got a little note here about that and some other things. And, we have funding for another year, which means two more sessions of 25 weeks each for 30 men each time. Mrs. Gordon: Who's funding that Elizabeth? Mrs. Virrick: In automotive training in the building as it is. But you wouldn't know the building if you went up there because it doesn't look anything like it used to look. Because its been so worked around for an automechanic shop of such care it's charming I mean, for an automobile mechanic shop, but others can do the same thing that we're doing. Mrs. Gordon: Who's funding it Elizabeth? Who's providing the fund for the training, for teachers? Mrs. Virrick: Federal funds under Manpower. The staff that we have now is a teacher and an Assistant Teacher and we're going into our second phase in which we will have also a counselor to r 1•; screen the men. I don't want them taking long time away from these men. Mrs. Gordon: No, its ok, you're giving .... Mrs. Virrick: But we have a very wonderful program going and other programs of the same kind could be done in this phase if everybody would put their shoulder to the wheel and say here's some great land it's in good location. Let's make the most of it and put in programs that are funded wherever we could get them funded and make use of that land and make use of some of these ideas and let people agree to the ideas and I think they have so far already, haven't they? A lot of people in the community have met and discussed this. I can't meet with them because they meet at night and I can't drive anymore. But they've met many times and a great many of the community have ... agreed to this. Mrs. Gordon: Ok. You've answered my question. If we can find the money, there's a need and if we can do it in peace meal let's get something going. There is some money Maurice for prevention of delinquency programs through the L.E.A.A. which could logically program some uses in here for young people. Mrs. Virrick: Well, all L.E.A.A. funds I happen to know are gone until 77-78. Mrs. Gordon: Well, we aren't ready yet, so by then we'll have it ready, maybe. Mayor Ferre: I'll tell you and if Ford's elected there's going to be even less L.E.A.A. funds according to what he said recently. Mrs. Virrick: Well, ours is a crime prevention fund. It's 90% ex -offenders. Mrs. Gordon: I know but what I'm trying to say is I think we're all kind of overwhelm by the scope of it and you know, maybe we've been fed spoon fed a little bit at a time we might not have gone into shock like we did. But we did go into shock. Mrs. Virrick: Let me just take one minute Rose to tell you something, Once upon a time there was a monastery up on the top of a mountain and there was smaller monastery half way up the mountain and one very blizzard night one of the Monks called her young man and said I want you to take this message up to the top of the mountain. He said can't its snowing outside. One of the Monks said go and get a lantern He got the lantern.he said open the door, how far do you see, he said I see five feet. He said walk that five feet. He said well take it five feet at a time and you're get there. We don't have to do them all at once. We can get a group of people that are interested in certain phases of this, one at a time get'the funding it's over a period of a good many years, but you can't start any sooner than now. Mrs. Gordon: How well you answered the question that I asked you to answer and you answered it the way I thought you would. Now, Father Gibson. some of your wisdom please? Come on now. You want to listen. I want to say that if there's a way and of course, we just got this today, so I don't know what's in it,really. i can't. There's a lot in it and we didn't expect you make a decision now. Mrs. Gordon: Can't speak to it, can't even make suggestions, or 4 ideas of any kind. whatsoever. I'm only sorry that you felt that we were as Commissioner Plummer, right away coughed and said four or five million dollars. It may never get to five million dollars. What we're really saying is $500,000.00, can get something very remarkable started here with a building that is right now a liability to the city. Mrs. Gordon: I would like you to know how I feel. I we can serve the community somehow and we could begin at a time if it's possible and I'll read this and see laid it out. I think we could move that way. feel that if with one step how you've Mayor Ferre: We need to study this a little bit more.Mr. Manager would you schedule it whenever you feel its appropriate for some kind of action one way or the other? I don't think we can... unless somebody wants to act on it now. Father Gibson: No, no, let me ask ... Mr. Grimm, that Grand Avenue widening is that tied into this project? Mr. Grimm: Yes sir. Father Gibson: You hear those men talk about the accessibility in community. You have that .... they are conscience and knowledgeable of that. How soon is it, I say a lot of surveys down there. How 4, soon is it anticipated, you know that we're going to straighten out that... Mr. Grimm: I know its in our budget request Father, but I just earnestly don't remember what the schedule is. Father Gibson: I see. Unidentified Speaker: Father, as you remember that had become tied up with some controversy regarding the number of lanes with a local C.D. committee. It's my belief that,has been cleared up and that, that project is scheduled to go under construction this year. and that land acquisition for it will begin very soon. I'm not precise as yet, but we have anticipated that and we have given you an alternative. These will be this project and that you may not choose to take that alternative immediately, but you may consider it that if this project were to be expandable(quote) that it could tie into that. I think that's reflected in our master plan. Father Gibson: One other, H.U.D. knows what you know, is that right? Unidentified Speaker: We have been in communication with H.U.D.,both through the C.D. Committee continually and they have a copy of our report and they are well aware, they've been kept up abrassed of what's been going on here. Father Gibson: Mr. Mayor, let me do it the other way. I don't want you to tell me you're been in communication, although ... I want to know if H.U.D. knows what you know? Or do you know what H.U.D. knows? See, a lot of difference in that. Mr. Grassie, you don't understand H.U.D. had planned to use some of its money to help straighten out that street. Some of those older staff people ought to know something about it. Mr. Grassie: You're talking about Jefferson Com:i,issioner? Father Gibson: 1 didn't hear you. Mr. Grassie: Are we talking about Grand or Jefferson? ! Father Gibson: Yes. Mr.Grassie: Grand? Father Gibson: Yes. And, you know, I'm only wearing one hat today the City Commission and I thought that maybe the right hand ought to really know what the left hand, you know what I mean and be involved so that... I'm not going to say anymore than that. Mrs. Virrick: Mr. Mayor? Mayor Ferre: Yes. Mrs. Virrick: Let me say one other word. If yop all decide to go ahead with any of this, step by step, I will plague Coconut Grove Cares to take one of the projects and do the same thing we did with the project we have in there and try to get the funding and try to carry the ball on it, and then other organizations might follow suit. I don't know what help that is but i'll volunteer that. Mrs. Gordon: I think that's a lot of help, because I also think that we might find some interest in Coral Gables, because we are right there on the border line and they are youngsters from Coral Gables would be participants in any programming that we would have. Some of the youngsters would. Father Gibson: Mr. Mayor Mrs. Gordon: Even though they have youth center, they don't have the kind of facilities you'd have here. Field's training that's what we're talking about. Father Gibson: Mr. Mayor, it lcrks to me like somehow there need: to be m me real hard nose talking with Coral Gables about even utilizing that building and even helping to find some money. Mr. Grassie, what you don't know that all of Coral Gables, black, entire black community is right there. And, the Mayor said... well I better not get into that. The Mayor said something about the swapping in that area and it seems to me that they bear some responsibility that are serious and that even if you got them say through their civic organizations to help as the Mayor indicated by getting some of the moneys needed knowing that all of the population will be serviced and, depending upon that, might not be a bad idea. Mrs. Gordon: Sure, we could even consider a Day Care Center there. . We have taken that into consideration in our plan. I think you'll find that our plan is got, it's a supermarket of activit- ies and we approached it deliberately so we don't expect all of them to go there, but we've tried to maintain a flexibility. Mayor Ferre: Look, we've got forty-five mintues left today's hearing. Mrs. Gordon: Ok. Let's take about a month or six weeks to study this, I guess. _ Mayor Ferre: A11 right, we'll be ... we'll inform you and again our thanks for your effort and work on this. 51. BRIEF DISCUSSION ITEM - !ICENTATION tAEXISTING SERVICE STATION NEAR Mr. Grassie: We have two things: one, we have a building on which we have a potential demolition contract and we have a recommendation from part of the staff that this may be worth saving. Mayor Ferre: Well, let's see the drawings. Save the building. Mr. Grimm: Yes, the idea occurred to you that we could tear this building down any time. And, it's rather an attractive structure. And, for some period of time the city has entertained the idea that down in this vicinity they would have a courtesy, etc. Whatever you might want to call it. So, this is just to refresh your memory as to how it looks. Now, the building is vacated. We have taken bids We know the cost, $4,500 to tear it down. That decision could be made anytime and it's about two days worth of work. But instead of that we worked up a few little sketches as to how it might be utilized in an interim .... Mayor Ferre: It sure looks like a gas station to me.(laughter) Mrs. Gordon: You know what, I'm going to tell you how I feel about it. A gas station is a gas station(period). Mr. Grimm: It does have useable space. It does have existing bathroom facilities. Mrs. Gordon: Yea, you know, an old of shoes get a new pair of soles but I still think we need the opened space there. I earnestly don't like it. Mr. Grimm: Well, that's why this is being brought to the Commission for their decision. Mrs. Gordon: I'm only 20%. Mayor Ferre: I'll tell you Vince when I first heard about it I liked the idea, but when I saw that drawing.(laughter) I'll tell you that... Mr. Grimm: If you like the idea and dislike the drawing then maybe that should tell us to go back and look at it a little further. Mayor Ferre: I'm going to tell you something. Would you get the photographs up again? Let me tell you something the reason it looks like a garage is because you left those openings, but if you were to wall that area in and make a nice patio type of a thing. It's got a nice roof lying on it. It looks kind of Spanish. If you had somebody who knew, don't you open up that other one any more, you know, that knew what he was doing on that. Mr. Grimm: We didn't ignore what you're saying. Mr. Plummer: Well, why in the ..., didn't you do it then? Mr. Grimm: Because you didn't give me a chance. You jumped to the conclusions before I had a chance to finish. Now this cost more m oney. At the beginning I said that $4,500 is what its going to cost you to tear it down. For $6,500 we can do what you saw in the first sketch. Mayor Ferre: Vince, could I recommend something? I think you've qot a good idea, but you know what I would doI think Manolo a very good suggestion. Why don't you let somebody like Ed Stone take a look at that and see what he can do with it. I mean, look, hey you're an engineer, you're not an architect, so nobody is going to get upset with you. After further discussion the matter was referred to the consultants for study, and recommendation back to the commission. 52, BRIEF DISCUSSION ITEM - BUDGET HEARINGS, After discussion the following schedule was arrived at: Special Meetings/ Public Hearings Set by the Commission BUDGET: Friday, September 24-Workshop Session -Police Headquarters Conference Room BUDGET: Tuesday, Tuesday, SPECIAL MEETING: SPECIAL MEETING: September 28-Workshop Session -Police Headquarters Conference Room 9 A.M. to 12 Noon September 28-Continued at CITY HALL 2 P.M. to 5 P.M. 5 P.M. begin PUBLIC HEARING aC October 27, 1976 - 2 P.M. (Planning & Zoning Items)' November 17, 1976- 2 P.M. (Planning & Zoning Items) CHANGE OF DATE FOR REGULAR MEETTNG: NOVEMBER 18 INSTEAD OF NOVEMBER 25 53, BRIEF DISCUSSION ITEM - GROVE GROUP - DEVELOPMENT OF DINNER KEY EXHIBITION HALL, Mr. Wilfredo Boroto: Mayor Ferre, Commissioners, Mr. Grassie, and Mr. Jennings, our Coordinator. As you know we are the Grove Group we are a joint venture of different professionals that live and work in Coconut Grove. And, like the Grove we are a mixture of people. Mr. Ross is from Scotland. Yiannis Antoniadis is from Greece. Fernando Chiamis -- all the way up there is a Jewish Arabia. I am Cuban. And, we have token American, Mr. Lee from North Carolina. It has been increditable how well we have worked together and the thing that has held us together in our venture is our love that we have for the Grove. Of course that helps. We have made a series of sketches and we are presenting to you today the conceptual design of the project, which is the renovation of the Dinner Key Auditorium and how it affects the immediate area surrounding it. We have a slide presentation that we would like to make at this time to go over t he general principles that we have followed to reach this stage and then we and then we can make .. point to some specifics in the plans and have a general conversation of the scope of the work. Father Gibson: Mr. Mayor, let me ask a question? Are those people over there. are those people knowledgeable that this presentation is being made, the two different outfits, three different outfits. No, no, you know, the people doing business, Mayor Ferre: Oh, Grove Key Marina? Father Gibson: Now, what about the other young man, you know the 4 man that won that won that contract, or whatever that ... Mayor Ferre: Oh, Monty ... Father Gibson: Yea, I have no interest other than I know the what- ever we do affect those people and that I just hope that always as we do they are knowledgeable so they don't say well you know I hadn't heard. Mayor Ferre: For example, I see the major user is here. Father Gibson: Well, that's fine. Mayor Ferre: Mr. Pearl, I see Grove Key Marina, I don't see.... Father Gibson: Oh I see. Ok, just so I've learned some things. Mr. Borroto: Father Gibson, the scope of the project that we are presenting today is the Dinner Key facility itself and the parking around it. It really doesn't get into the other projects that you're talking about like the... Mayor Ferre: Yea, but there effect... Father Gibson:I know but they are affected, you know. You know, ok. Mr. Borroto: Ok, this is an aerial view of the project itself. The existing facilities and it is very good, because it points out to all the problems that we are facing in the design process and some of the good points that it has. The Dinner Key Facility, itself is to tht. lower left and as you can see its an overwhelming structure surrounded by sea of asphalt . It does not relate at all to the sea and the Loats to the right. It doesn't relate to the City Hall. And it doesnt r.elat.: to the City and the Main Highway, which is to the left. It presents a given site that we cannot play around by increasing or diminish this site because it is there. It presents a given building with a given square footage, so that is one of the aspects that is there that can- not be changed. However, it has some good points. It so happen to be in the center of gravity of the whole Bayfront area and it provides a large expense where to park cars. It so happen, also, to be the only place in the Grove that parking can take place. So, what we set out to do is to somehow - this facility with the rest of the Grove and make use of the only good point it seems that it has --actually a couple of good points that it has that its a large space, it is there, it's already constructed and it can be used, and it has been used,very successfully for --. And, also the amount of area surrounding it that can be used for parking for the entire Bayfront. So taking this approach, this is a picture of what we think in a very broad scale the end products would be like. We think that the building can be brought down in scale and you'll see some of the pictures and the way were doing it. We think that the entire aerial parking can be used very successfully. We think that we can create a link between both parks by having heavy land- scaping. We think that not only can we landscape the area but we can create a park like effect.--- We have made several parking and engineering studies of traffic and we have lost very few cars as they are today and we have been able to create .... We also believe that we can link that existing structure with the Marina, with the City Hall and with the remaining of the city by means of walkways under trees and zu forth that I will explain a little later on. This is another view lowering to the model where you can see how creating a canopy of trees pretty much following the landscaping requirementscf the City of Miami. We can create a parklike effect. Today, there maybe a few trees where they have SFP `� Iq7 one or two benches and those little benches that are surrounded by asphalt are always used because they are under trees. So, if we can take the trees and provide shade for cars and also scatter around some benches the place can be used. It can be used by people, not just a place to come in and deliver cars. We can get access of people walking through it and enjoying it at the same time. This is a picture of the rendering. This is the main entrance of the building and I will explain some of the characteristics of it later. We are trying to define entrances,and this is the main entrance relating to the parking lot. As you can see some of the landscaping that we' are proposing which is a great part of our budget. These are a series of slides that will depict our design process. We took the building which is as I say a very heavy building. We ripped it out, completely of all the lean-tos and added facilities that they are pretty much in common to the sitting facility. This is, remember when we had a morning meeting with all of the Commissioners that every- body had input: All of you were talking about the building and we were very happy to be in accord with most of the things that were said that morning. So, we're taking the building. We are cleaning it of all the excess of lean-tos and then in order to bring it down in scale we are creating a series of berms. You can see in the model that its almost like a skirt to bring the large scale of the building down to a pedestrian scale. That has been done very successfully in the Grove and you know in jet harbor and the Office in the Grove. And, this is similar in nature and I believe that it will bring the lower pedestrian scale into the project. Then we come in and we apply landscaping to it and we break the high bulk of the building. The total mass and this is just a brief shot of the model and the process whereby bringing landscaping and keeping the building very neutral we can establish growing the overwhelming effect of it. This is another shot of another angle. Another thing that these berms are doing is that they are starting to define entrance. Pedestrian entrances. We have a major entrance to the right, then we have an entrance of the water and another entrance to the city. We have other very well defined entrance for service. As you can see right in the middle of the picture. We are re -arranging the servicing site so that trucks can come in, deliver and go out again, rather than having to turn around inside. So the berms serve the purpose of bringing the scale of the building down to define entrances and also some thermal consideration of the air conditioning of the building. It is a view of what happens when you start breaking up the building then with landscaping. This is what we have today as you see to the lower right is a restaurant which is one of the structures that should be taken down following a previous study made. To the left is some other facility we're also removing and this is what we're proposing to have instead, which is the berm to create a pedestrian walkway all the way around the building and accentuate the entrances. Its another shot of what will happen in one of the entrances. This is looking back at the building from the parking where we can hopefully achieve a forest, not a forest, but a park like setting like the other parks in the Grove. This is a picture of the site that is facing the water that shows some of the things that we want to get rid of in the building and change it, and entrances that will invited for people to use. This is another view of .. again the berms on the definition of the entrance, the walkways, the cars that will completely separate the circulation of pedestrian from automobile. This is another of the elevations and this is the rear elevation of the building with some of the construction that is in very, very bad shape that we intend to re -do completely. And, this is what we propose to do with some of those entrances. One of the things that we are proposing in general is that we are going to air condition the entire facility. The whole SEP 231976 Mayor Ferre: How many square feet? Mr. Borroto: I think its 8O feet or 70 some many thousand in the ground floor. The building itself is cut off. The measure hanger, which were hangers ---- are cut off from a lower shed to the rear of the building. So, one of the things we are proposing is to design our air conditioning in such a way that we can take that lower part and then to therear of it. You see to the upper left that we are enclosing an exterior space that is adjacent to the building which is adjacent to the lower scale part of the roof which can function as a multiple purpose area for the community to use on a daily basis. We are providing there approximately 36,000 sq. ft. which could serve us an overflow of the large shows when they require tents and it could also serve for a myriad use of the community on a daily basis. This is a parking plan. This is going now to some details, a parking plan in yellow you can sec the first stage and that is where-- to make it very clear, now thdts 21 million dollars that we're working with. Its the building and the yellow part that you see in parking today. This is a site plan showing also to the lower left site. Once those buildings are removed of the city planning and so forth that we can have an addit:.o. al area for parking and continue the park all around the building. This is a model, an aerialshot of the model showing how it relate.; again to the water and we'll get into some other details of how we have links between the southern facade and the point that we want to create some other activities out there. These are flbor plant:; you have in your brochure a copy of all of this in black and white and it shows the various uses that we intend to have inside. We --- increasing the square footage of storage from about 800 sq.ft. to about 5,000. We are proposing to have a secondary area mere which will open to the multiple purpose area which is 36,000 sq.ft. We maintained most of the facilities that we have on both sites. We have to redo all of the entrances and exits because now the building has been functioning pretty much what was the word we said the other day, not illegally, but not legally, or extra legally. And, we have to comply now with the new code requirements. So, there- fore we have to create the required fire exit. We have to create the required number of toliet facilities. We are redoing the entire two banks to the left and to the right, all of that is redone into proper toilet facilities and so forth. Yes Mr. Mayor. That is a main entrance, which is it acts as a main entrance with ticketing, city hall is to your right and that is the water. So, we have three entrances. One major entrance and then an entrance to your left. (Inaudible conversation) Speaking without microphone. ii1'q�I��39�I��Qlll�i':�h�11+IIP!I�I'lll' III III'C I'I'I II II II 1 'I No, what we're saying is that this was just a graphic indication that, that which will try to say that multiple purpose area can be used for several activities. It can be used for say, basketball courts, it can be used for any kind of small shows , it can be used for parking. it can be used marshalling area, it can be used for a tent area when we have the large exhibits. So in ether words, its an area that we are enclosing with berms which is almost like an assistant to the main facility. One of the things that we were confronted with here is that we are going to spend 2million dollars on this. We are going to air condition, it's going to be ver» nice. HOwever, a lot of exhibitors that are using the space today. They, probably by the time the city makes their numbers and they look at what revenues that will have to (-,,t in Order to pay for these improve- ments is going to improve - have to increase the rent. Tht 's going to be pretty obvious. And, today they' lle using-- pardon, ,_oba :iy, you know if you just million dollars somehow that facility has to pay for it= self. So, then there are a lot of shows that are small in scale, that really almost never use all of the area, so what we are saying is that area that you see lying across here which is lower shed that, 4.4a t. area could be divided into a smaller area that could be used by some of these people that are using this space now.on a smaller rent basis. It can be used by some of the community for a lower rent or no rent. And, then in conjunction with that grey area which is a multiple purpose area, which probably can be tented at times and can be used for (I don't know) arts shows, boy scout meetings, for the community that do not have to come in a pay a certain amount -- or r nditionnd rent. So, that's what we're trying to do is to introduce fiexibilit; into this design and we have even talked about. We have designed the air conditioning so that we can have the area to the left and the area to right and the main facility on a split system that it could even be divided. Right now that is not in our budget in order to cut that into that way with physical construction, but we are doing the ground work and we are laying the air condition ---- so that it can be done and the same thing with the all the plumbing system and exhibit:. facility. So that in the future if we can get the money we can go ahead and implement that. This is the second floor plan. In grey you see the main exhibits space. Air condition space and in yellow -- to the right is what we're proposing as a restaurant there which will have an outdoor and indoor facility. We did not finish the sign,by the way. The whole thing is in a conceptual stage, but we have made an effect to design studies of it that it can be done. Then we have right there all of that is a multiple purpose used area that is air conditioned and it is existing today, so we have to clean it up. put new glazing on the outside, drop a ceiling on it and air condition the area and it could be used for either offices, or it could be used for exhibits space or any kind of use that again coordinate with the city, that the city wants to give to it. Ok. This is just a summary of all of these little areas and I think that this serves no purpose here, hut it is in the brochure, you know that "B' refers to the area on the back and "N" refers to where we're going to put transformative voit and so forth. So this is in the report and we can come back at that. I don't want to lose the overall approach right now. That is the same area of location of the second floor. And, this is just a drawing that we show. One of the people that we talked to was Elizabeth Virrick and this is to show that some sport facilities could take place if they bring their own instruments. That is if they bring their own seats and their own bleachers and so forth. that we we are not recommending it to be done now. But in some cases they will be done. That could be seating, that's just a diagram to show that ---- This is just a diagram to show that again, one of the ideas that it could be used and can be used, however they have to bring all of the facilities from the outside and we've talk to Elizabeth and she says that they can bring all of the facilities in they need to use it about once a year and it could be there. (Mayor Ferre talks without microphone) We are not talking about, not with the 21 million dollars budget that we have. We are providing the facility there that the equipment can be bought,eventually and brought into place but... we have some figures -- Mr. Plummer: that was part of the 21 million dollars. Now, I don't want to see you disappear with those removeable bleachers. We're talking to Ferendino, that's right and he told me, because I got it right on the record that it could be built for the million dollars and that was included and by God I want to see itthere. Mr. Borroto: Mr. Plummer, if you see the report_ I have not been able to find it in the final monies allocation that have. Mr. Plummer: I got it right here. Mr. Borroto: Ok. This is a section of the structure in the uTp drawing to the left is a section through the fine community flex:i space and the yellow is the area that is air conditioned. This is shot of interior again to express our belief that, that area to the lower part can be divided to create a more flexible space. We are applying we engaged on a coastal consultant, who came in and we walked around for a couple of days and we did some studies in the main auditorium, itself and we are proposing to get rid of all of this battles that we have now and drop a ceiling right under the existing structure so that we can air condition and air tight this space and then it can be air conditioned and we going to provide some better lighting and so forth. This is just a drawing of what char- acter we'll like to have inside. I think tha`the building on the outside has to be a very neutral background building. We're hiding 7t with berms. We're hiding it with a lot of trees, but then inside should come in with super graphics and a lot of different colors ann a lot of activities. These are some of you know this is just a mechanical drawings of the building defining the four elevation the one on the east. the north, the west and the south and you see the berms and how the berms are beginning to soften the scale of t'n building. I said that is a mechancial drawing because we have rem,.vc: all the trees from the front of it so that the building can be seen. Mrs. Gordon: Would you explain the roof elevations to me please? It looks like they have been modified. Mr. Borroto: No the roof elevation is the same. They are - pardon. Mrs. Gordon: The third row of pictures down. Mr. Borroto: The roofs are exactly the same. What we are doing is that we are completely making them water tight. Mrs. Gordon: No, what are those two pointed areas, one to the left, one to the right, that and that? Mr. Borroto: Oh, the two little things on top? Mrs. Gordon: I don't know how little, but from here it don't look too little, but... Mr. Borroto: No, that is existing. Mrs. Gordon: That's existing. Well, the other view showed it flat, so, Mr. Borroto: No, no, inside we are dropping the ceiling. I don't understand. Mrs. Gordon: No, put that back again. The second picture shows it flat. Mr. Borroto: Yes, because you look at it from one side. This is a mechanical drawing that it's confusing ... Mrs. Gordon: No, from here, from where I'm sitting it looks like a circular pitch to separate roof areas elevation. Mr. Borroto: But you can see the berms and what the berms are begin- ning to do to the building to bring it down in scale to a pedestrian scale to open it up avoiding that large scale mask that it has. These are some shots of: what I was talking about of the restaurant. This is looking down at the building and the little point... that is facing the water where we want to create a pedestrian link from that restaurant to a point which exists right now, where a lot of activities cFD 9 ' 1Q ± should take place and we are bringing in there, you know, cet soile of the toilet facilities, the people that are renting spaces we can create an area also for a sitting area and then try to link the building with that point. This is another view of that restaurant that we are saying that should happen out there, oops let me go back, this machine is a little crazy, bear with me ... that is some of the entrance, right, one and one on the other side. Again, this is conceptual, remember all of this presentation is conceptual. A lot of details have to be worked out in a precise... This is another view of that entrance and the restaurant on top. This is the character that should happen up there, which again I think is pretty much part of the Grove. This is short of a site plan, again to define the project the Dinner Key Auditorium is in black surround- ed by the first stage which is in yellow and in orange is the park that is also into consideration because it is affected by the location of the facility here and there you see the City Hall which I mentioned before that is looking the wrong way and we wanted to turn around and look the right way. Eventually, in the future that's not part of our budget now, but its part of our agreement to study the whole Bayfront and we indicate as the original master plan, the water ta:;: and some of these parts that they should come to and we indicate the little restaurant that I think should happen in the Grove Key Marina and how we can link some of these things by water and by pedestrian and I think its much easier to see it in your own brochures in here. To me its difficult to read and the pedestrian ways that we want to have. All of that in group. The only things that we have changed is in yellow and orange and everything else is pretty much the way that the Master Plan was accepted by the city. Well, we are saying that in some locations we should have the water taxi that everybody have been talking about to have some strategist places that we can bring them to stop and get some activities. And the same thing as we are proposing of the cities contemplating a trim as you have a water trim and that they both will start creating a linkeage between one park and the other. And, then to the left on that little point. Right at the end of McFarland and at the end of the point. Well, remember when we presented, we made our presentation when we were being interviewed that the whole concept that we have is that this place should be an extremely active place. We have two parks that are very nice, but we have to bring activities. You were talking about it alittle while ago Mr. Mayor, that we think that a lot of restaurants and shops and activities should happen here to bring everybody from the Grove to participate and also from the City of Miami and tourist alike. That is the location of the Grove Key Marina Restaurant, that is part of the old... of the approved master plan, as appears. right. This is the master plan and how our project affects what parks of the master plan by the implement- ation of the Dinner Key renovation. This is a closer look of what - the area that is affected and this is what is existing today. Again, the big buildings surrounded by parking and this is what we would like it to be. One of the things that we are proposing now in the overall master plan not part of the first stage is to continue to the board walk, to create a board walk and create a situation that people can walk around the water which they cannot do now. And, we can bring a trim way around the water, which is not there now. And, everybody can participate and join one of the parks with the other park. We have a couple of shops, well this is a view looking across from the city hall to the proposed Grove Key Marina Restaurant, this is what we were talking about before. This is our own concept- ion, its not going to look like this, but we are saying that, that is a magnificant point to have a restaurant and to have a variety of activities to start tying this together. Th :.; is another view of... I think that is the renovated Seminole Dock and the board walk that we are talking about there, right. And, let me show you a slide, I think the next slide, well that is say, a renovated q.4-1,04 1 �. Seminole Dock of some kind of a facility that should take place there to bring activity there also and to serve a purpose at the Seminole Dock area now. And, then the parking for boats is to the left, the trailers for boats. Ok, this is just a section of the boardwalk that we are talking about to tie the entire project. As you see and let me get close (talking to the commissioners without the microphone). This is another view of that boardwalk, Seminole Dock or other facilities ... This is looking back, you can see the community facility space that I was talking about before, you can see the restaurant, you can see to the lower left, the point that we think that should be a high point of activity linked back to the restaurant. This is a view from the Docks back to the Dinner Key. And, this is what I was saying before. This is what should happen someday in the future When the city has the money to city hall. I think that city hall should be reoriented, look back and create all sorts of activities in the back of it. You have the best location, probably in Miami and we are not making use of it. We are enclosed in rooms that look no where. So, I think that we are... one of the things that we are proposing is that a series of terraces could be done probably very inexpensively, where all sorts of activities can take place together with the voting that exist there. Let's bring a sledge hammer that's what we did in our office. This is a section through that area, the trim way underneath, the bicycle path, and the trim area and then theactual boat use, pedestrian and then a series of decks up there that you can go out while people are waiting to talk to you like today they can go out and have a drink(smile) This is some of the activities ... just a general character that we talked about in our original presentation and this is our hometown. This is a picture of the Greve, this is what we believe very strongly that should be kept throughout the project and we believe that this kind of e nvircan- ment should happen in the parking area and that they should tie success- ful the building with the rest of the community. Well, that's to the left behind the trees. That is r'ur slide presentation. We also have some models and some rendering and actually most of these pictures that you saw today were of the models that we have and some of the studies that we have. Mr. Plummer: Please don't take this as a foolish question, but maybe its the way I'm going to.orientate.it. Looking at this is beautiful, the shrubbery is great, but what do you do God forbid for security? Mr. Borroto: Well, what do you do for security in the park? Mr. Plummer: Well, I mean you're showing a tremendously dense. Let's admit the truth, you're trying to hide an ugly sore, ok. Mr. Borroto: Yes. e Mr. Plummer: I'm looking at that and I'm lookingat possibly 1,500 automobiles over there. Are you going to try to outset that with lights? Because most of the events are there at night. Mr. Borroto: Well, the lighting have to take place. Mr. Plummer: I'm concerned about security for that kind of foliage. Mayor Ferre: Unless we do something like that, you know it isn't worth trying to save anything. One thing that I certainly wouldn't vote for my vote is against is leaving that asphalt monstrosity out there. We've got to put some trees and berms and grass. I meant to ask you about that. I noticed there's a new patent that I saw on somebody's where they take and they punch holes into asphalt and they put grass, have you seen that? And the grass spreads, I guess it must be special kind of grass. IIitlililnll111111111111111I111111111111111111111111ill 111111111111 A L. SFp Mr. Borroto: Yes, the problem that, that has is that number one it's difficult to walk on and also requires a lot of maintenance .to come in and cut the grass. With this way we are defining the grass in a very little cleaver devise of having the cars that are facing each other, you have bumpers here, the cars are here, we are allowed not to have asphalt from the bumper to the end of the car, so there- fore we are creating larger strips of greenery which is by 6 feet and there we can grow trees, so it is not a difficult ... Mayor Ferre: So, those are really islands and you have both grass on the ground and trees on top. Ok. Mr. Borroto: And, as far as security we have to follow the standards of lighting and I think that in general that will at night, of course it will help. Mr. Plummer: It's lite. Mr. Borroto: It is going to be lite, thats in the budget and also I think that once you provide a good environmnent you diminish quite a bit the security problem. We have security problems where we have bad environment and it changes , but I think that if we have enhanced this thing. I hope that you don't have to go in your car and solve problems. I think that we can do it with lighting. Mr. Plummer: I hope you're right. Mayor Ferre: All right, ok. Mr. Plummer: The immediate question, when are we going to see some- thing tangible? When are they going to start hitting with that axe over there? Mayor Ferre: Mr. Grassie? Mr. Grassie: The purpose of this meeting Mr. Mayor is to get your approval in principle if this plan meets with your approval and we understand that you do have to take a look at the report in more detail, but if it meets with your approval we can give the architect the go ahead to go to construction, bid documents and you do have most of the money for the site all ready. Mayor Ferre: I'll tell you as far as I'm concerned in principle it look good to me. Mr. Plummer: It sure does to me too. The only thing I would like to be able to separate and I'm going to have trouble doing it, is fact and fancy. What is included for the 21 and what is not? That's what I've got to ... Mayor Ferre: Air conditioning, the berm, the re -design, the paint, inside graphics, the trees, the berms, and the heavy landscaping, and that's it. Mr. Borroto: If you read the report it specificially states what it is. And. mainly I can tell you in a very quickie is the renovat- ions of the auditorium and the parking around it. Including lighting, exterior lighting, including paving, including the landscaping, the auditorium itself, the renovations of the auditorium, including air conditioning, ligthing.... Mr. Plummer: But how much of the restaurant area are you going to put in? 'P 2,19Q7i Mr. Borroto: No, No, the restaurant, we are saying to the city Fut it up for bids. This is a great place. This is a great location. We can provide ... Mr. Plummer: Mr. Borroto: You'll put the shell in? The shell is there. Mayor Ferre: The shell's all ready in. I guarantee somebody like Burt and Goldberg or people or maybe a guy like Monty, maybe you might even take an interest with your Associates now. That's to me ... you want to know something? That's going to.be the hottest place in town if its done right. It'll be a real, real success. Because the view from there, the location is magnificant. You got parking for goodness sake. It just has everything going for it. You got the water activity, boy. Mr. Plummer: You're still about it, what .was it 10 months of construct- ion? Mr. Borroto: I don't remember I think it was ten months of a nstruct- ion, yes. Mayor Ferre: You earnestly think this can be done for 21 million dollars? Mr. Borroto: Oh yes. Mayor Ferre: You really do. Mr. Borroto: Well then in our contract we have to do it. We have to design something that can be done for 21 million dollars so we are responsible for that. Mayor Ferre: Well, good luck. Mr. Borroto: I think that if you read the report everything is specifically area by area at what we're doing to each area. But as I said in generalities we are redoing the auditorium we are making it useable, a good place to use air condition, light, so forth. Mr. Grassie: I do think it is important though Mayor that we specify for you some of the things that are not included. A new floor is not included. Mayor Ferre: Oh, my God, isn't that important? Badly in need of repair. Mr. Grassie: In repair and not replaced. None of the athletic equipment seeding none of that sort of thing is included. The parking that you see in this lower corner of this mark-up down here where the building that is not included. Mayor Ferre: We understand. Mr. Grassie: And. the area over there where the bait shop is now that is not included. And, the board walk that follows around... Mayor Ferre: That's not included. Mr. Grassie: Is not included. So what you Mayor Ferre: Hey, I've always said that in to four and a half million dollar project. have is the building itself. my opinion that was a four But you're talking about MIN .,. {y- M�i.1 in Dinner Key Auditorium is 2 i million dollars :.)ut by the time yr.,. 'are through knocking out all those buildings. putting in the asphalt, putting in the floor, buying the bleachers, getting the broadwalk, getting all these other things you're be into four million dollars. But, I think this is a good beginning. Mr. Plummer: Well, I distinctly remember that we were told when Ferendino came here that he used the North Dade Campus building up there as a comparison and he showed us and he quoted us a number of the seating that was included in there and it could be done and I commence you to go back and start reading some minutes because it was included in the 21 million dollars and the figure as to the number of seating which could be included was in there. So I'm hoping the Administration will search the records. Mayor Ferre: Well, ok. You know, Mr. Plummer: You could be talking about a half a million dollar difference. Mayor Ferre: I don't think it'll be that much. Because you're already talking about three, four, thousand seats that you can get in there. Mr.Borroto: First of all, we looked in the report, the program that was written before us and that was mentioned that it could happen, but in the report if you look..into it. It did not allocate any monies ... we have followed almost to the letter of that report and as far as ... Mr. Plummer: What are you talking about seating for 4,500 people, how much money? Mr. Borroto: Well, the problem is not this, the problem is only ... the floor, Can I give you a synopsis of what is happening? The floor, I can start from the beginning. The floor, it's in condition that requires repair. However, a new floor to put into structure. We are not recommending for two reasons. One is cost which is $150, 000. and the other one is that we have serious doubts that its going to work even if we put a new floor because the floor has been sinking all throughout the place. We require about eight inches of concrete to pour inside to level the floor. If the floor is leveled 8 inches then we'll have all sorts of height limitation problems with all of the doors around it. We have to ramp, we create beyond the 150,000 dollar another 200,000 dollars of problems of trying to make the building work. Also, the way that the facilities is used mainly for exhibits, the first time they have an exhibit and the floor is going to be to the original shape because they come in and they hammer on the floor, it is a working floor. Mayor Ferre: In other words, it's a working floor, they're going to wreck it anyway. Mr. Borroto: Back to the sports; like with Mrs. Virrick, we can't have a facility. They can bring in something, put it up,and take it out, but even in the basketball that was there one time that is a problem of trying number one to buy the equipment and also to store the equipment and to store the bleachers, so usually what will happen is that if there is going to be an event of that kind they will come in and set it up and they'll take it cut. Mr. Plummer- Where are you going to get seating for 4,500 people and where are you going to store it, that's all got to be taken into consideration now. 51 t; 4 $ 46-. SEP231W76 Mr. Borroto: And. that's what we're Raving that right now it canno. be done. That's what we are proposing. We are saying it cannot be done. Mr. Plummer: Well, then I want you to bring me a copy of those minutes as it relates,it because I distinctly recall the tennis tournaments that were to be there. The boxing tournaments that were to be there. You recall it Mr. Mayor, it was all included in there. Mayor Ferre: No. I'll tell you what I recall. I recall ... this is all very, very preliminary type of thinking and I'll tell you what I do recall. I recall that Mr. Candella, who made the present- ation, at the public hearing showed the variations of ways this could be used. He said it could be used as a tennis court, then he had an exhibition, then he said it could be used for boxing and he had set- up for boxing and for basketball and then he had it set-up, but I don't think he ever got to the point of saying that, that could be done for 21 million dollars. Mr. Plummer: Well, you get me a copy of the public hearing that way held down at Bayfront Park, plus the presentation that made here. I want a copy of both of those minutes. And, they also have a written report but there was a lot of questions asked, they're not in the written report. Well, you know, all I recall was can you guarantee me that everything you've shown me here can be done for 21 million and the answer was yes. Well, I want to make sure that you get me those minutes, because I'm sure it was in there. What you are te11 r.c, me now is there's no way we can build that in there, is that correct? Mr. Borroto: No, we're not saying that. We are saying that it can happen. It has to be in a very specific way for it to happen. That this facility have to be brought in and then removed and that is an expensive operation. Mr. Plummer: What you're telling me is it can't be done. Mr. Borroto: I'm telling you that it could be done if they bring the facility and take them out, yes. Mr. Plummer: Which will never happen. Mr. Borroto: That is something else. Mr. Plummer: So, for the rock concerts that we spoke of will not be a reality ? Mr. Borroto: Well, now the rock concerts, I don't know if you want to have them, yes. 1 see no problem in having that there. As far as the physical facilities of the place. See, the problem is from our study is the bleachers and the rings or the facilities to do this sport. The same thing if they have any kind of blackboard. You know the blackboard with all ... there is the money for it. Mayor Ferre: Listen, let me cut you off right now Mr. Borroto, because I think we have to go into other things. Mr. Grassie, Mrs. Gordon, I think with justification has requested, she says she does not want -o vote on this today and she has that right. I'm ready to vote, but she has that right to hold it til the next meeting. Now, we're going to be meeting on the budget on the 30th,is it, or the 29th? Mr. Grassie: Well, we have workshops on the 24th and the 28th. Mayor Ferre: The 28th, today is the 23rd technically, five, is it five days, including weekends? Ok. On the 28th, is that the next time we meet on the budget? Mr. Grassie: You meet tomorrow and then you'll melt the 28th, yes sir. Mayor Ferre: All right, and therefore, calling a special commission meeting at 5:00 on the 28th, can we do it at that time? Mr. Grassie: Yes, I'm sure that we can get... Mayor Ferre: Because I want to get going on this project. I'm saying ... you've asked for time and you're entitled to that. I think there's no .... I'm recommending that we bring this up on Tuesday,the 28th, which is five (5) days from today. Well, we can take it up at the end of the day. Can we take this up at 4:00? Mr. Grassie: Yes we can. Mayor Ferre: It's just a matter of voting for it, as I sensed the will of this Commission it's going to go through, unless there's some major objection to it. The next phase of it is for you to give them the contract for the design and get going with. See, if you for the first meeting, if you wait til then you're going to lose three weeks, that's the 14th, and if this thing is going to take ten months. He says ten months, you're talking about a year. So, I'd like to get going with this thing, so that it's ready by this time next year. God knows we've waited a long time. This thing has been a year in thiO: making just to get to where we are now. Ok, you want to wait til the 14th? Mrs. Gordon: I would rather. I'd like to give it a chance and I'd like to ask questions. Mayor Ferre: Ok. Mr. Borroto: Mr. Mayor, as far as we are concerned should we make another presentation at that time? Mayor Ferre: No. Mrs. Gordon: No. Mr. Borroto: No need for that. Mrs. Gordon: (Inaudible) Mr. Borroto: You want you there, to be present? Mayor Ferre: Yeab, so that we can ask questions. I'll tell you what, would you schedule it the first thing in the morning? Mr. Grassie: On the 14th? Mayor Ferre: Yeah. Mr. Grassie: Are you going to want a public hearing on this Mayor? Mayor Ferre: Do we need a public hearing? Mr. Grassie: No you don't have to have one. Mr, Plummer: God knows we've had enough of them. Mrs. Gorcb n: I would if I were you. 41SEp_24.01. Mrs. Gordon: Maurice, have a public hearing. Mayor Ferre: Call a public hearing I don't care. We're already been through this public hearing thing, but I'm perfectly willing to go through it again. Mrs. Gordon: Yea, we're better off. Mayor Ferre: Call a public hearing Mr. Grassie. It's all right with me. Mrs. Gordon: 9:00 in the morning. Mr..Grassie: Well, you can either do it on the 14th. You know, you' - going to have a public hearing on the budget on the 28th, at 5:00. Commissioner Gordon, this is a new way. Mayor Ferre: No, you better not cram that. No, I think Rose is right, why don't you just call a public hearing of the thing? I don't mind going through this again. I'm not going to... Mr. Grassier The only thing I'm suggesting to you is that a full workshop budget day maybe less than a full city commission day. Mayor Ferre: Now, look, I want to make sure that we understand each other if we go to a public hearing on this. I don't mind submittinc myself to the public again on this. But I will not ... this commission has already voted and taken the position with going ahead with this project. I will not listen to anybody who wants to talk aboutthat. The only thing that I will listen to as to whether or not this part- icular design is acceptable or not. ok. Father Gibson: Mr. Mayor, may I ask a question? Mayor Ferre: Certainly. Father Gibson: I'd like to publicly get a reaction of the users anc: maybe the competitors. I mean that in no way trying to prohibit the• public hearing. I see that gentlemen , he's one of the greatest users, is that right? Mr. Larry Pearl: I think I agree with most people that we are very anxious to see improvement on the hall. I think what we've seen is very attractive. I personally would like to study the plan that has been passed out and going into further detail, but basically, we're very excited about it. Mayor Ferre: Larry, if this thing gets air conditioned and beautified and improved and all that, you know and we have to raise the prices a little bit. I'm sure you're going to get more people to come to your shows if it's a little bit more comfortable. I mean, I've been in sane of those places where it really is uncomfortable. Mr. Larry Pearl: I think they'll stand in line, no doubt about it. They're standing in line now and there's no air conditioning. Mayor Ferre: Well, what I'm saying is we're going to have charge a little more for it and you're going to have to charge a little more to your customers, is that going to create a big problem? Mr. Larry Pearl: None at all. It will be welcome: all the way around. from the public or from the enrepreneur . Mayor Ferre: Ok. Father Gibson: Now Mr. Mayor, another... that gentlemen who is a competitor.. Mayor Ferre: Well, not really. Mr. Spencer Merideth: From Grove Key Marina and I'm very much impressed by the presentation that we've all seen. I think its an inspiration to all of us who try to upgrade our own properties. I don't think that there's anything but good that can come to us as a Marina operator. It can only help our business by seeing it upgraded in the overall general area. We've been working hard as you can see from the construction out there to do what we said we' would do .... Mayor Ferre: When are you going to start building the restaurant? Mr. Merideth: Well, we' would like to come before the Commission hopefully on the 14th of October. Mayor Ferre: Good! Mr. Merideth: To show you what we've been working on. Mayor Ferre: Terrific ! Mr. Merideth: The drawings and rendering. Get your approval of the concepts and... Mayor Ferre: All right, why don't we set this as the first thing on the agenda as a public hearing item for a period of no more than an hour, ok? Mr. Grassie: Mayor Ferre: Mr. Grassie: Mayor Ferre: it just isn't Mr. Grassie: regular city presentation noon. What day Mayor? On the 14th. 14? I think Rose is right. I'd like to get it earlier,but practical. All right, anything else? When we say public hearings, we're talking about the commission meeting and that normally means after your of awards andthings, that would about 2:30 in the after - Mayor Ferre: No sir. I would say that the public hearing be at 9:00 in the morning and you put off the presentations until some other time. Mr. Grassie: Ok, I'm just asking whether there's any problem in the public hearing with ... Mayor Ferre: No problem. We can establish any procedure we want. So, I'm just saying we're going to establish a public hearing ... Father Gibson: Mr. Mayor, for the record, I hope Mr. Grassie, you would invite those other people who are in that neighborhood. Monty Trainor be present for the public hearing. And, remember the public hearing, ag Sn Mr. Mayor made it an important statement. We aren't going to argue whether we are going to do. Mayor Ferre: Don't forget Ernie Fannotto. rer-r fl 11 �n�� Father Gibs) n : Right, right. We aren't going to argue if we ,_3r going to do it we are going to try to find out if this meets our taste. That's all. Mayor Ferre: Right, that's all the purpose of this public hearing. All right. thank you very much and congratulation. I think its a real nice job. 34, APPROVE PROPOSED PROJECTS - PUBLIC ,lORKS IMPROVEMENT ACT 1976, Mr. Grassie: The purpose of this item Mr. Mayor is to review with the City Commission what the staff has been developing. You know that you instructed the staff to move forward and test city project against the guidelines of the federal government for eligibility unc:2,_ the public works act. They have done that. They've gone through approximately a hundred projects and they have this hand full of proic which you see in front of you as the suggested priorities. They are suggested, they are here for y3ir concurrence or rejection, if you wish. They represent a total atout 15 million collars worth of pro:_,.: Mayor Ferre: Lots of luck. Mr. Grassie: And, we really expect to receive only a third of that, possibly a little more than a third. but we do need to put in more projects than the absolute minimum. Mrs. Gordon: Wc_ already have the money for the Convention Center, don't we? Mr. Grassie, the first item for the Convention Center, we already have budgeted money for that haven't we? Mr. Grassie: That's correct, bLt it wouldn't hurt our feelings a bit if we got a grant for it. Mrs. Gordon: Yea, but we use a grant for some of those other stuff. Mayor Ferre: Rose, listen, this is all a big dream, you know we are not going to any 15 million dollars, but let's put in for it, you know? You know we're not going to get it. If we get five(5) we're going to be lucky. Mrs. Gordon: All right next item. What do you need to do on that anything? Mr. Grassie: Well, we will want you to approve the priorites once you have discussed them. You could do it all in one motion, but in the motion that each one of the projects is approved individually. Mayor Ferre: Well, car 1 ask you some question? Mr. Grassie: The reason for that is that we need our approval for each project in case the federal government... the federal government will knock some out, and we don't want them by knocking one out to knock the whole list out. Mayor Terre: Well, can 1 ask you this question? Mr. Grassie: Yes. Mayor Ferre: What are you going to do with Little Havana Community Center with a million and a half dollars? Mrs. Gordon: Yea. II' 11111111110111111111INIFIIIPPIMPI Mr. Grassie: What we are now doing. Mayor Ferre: What? Mr. Grassie: Basically, what we are now doing. Improvements that are going forward. Mayor Ferre: For a million and a half dollars? Mr. Grassie: What this does is pre -up money for you do... Mayor Ferre: Jve, I understand what it does and I understand what we - are attempting to do and I understand why we are putting in fifteen (15) when we only hope to get five(5). I understand all that. That's not my question. Mr. Grassie: Oh, you mean specifically what improvements? Mayor Ferre: I'm specifically asking you what were you spending.... suppose the federal government all of a sudden lightning were to strike and they said oh I will approve all 15 million dollars, ... Mrs. Gordon: Or if they through out some of the others and kept that one, what... Mayor Ferre: Now, you tell me what you're going to spend a million and a half dollars for. Mr. Grassie: Go ahead, certainly. Mr. Crumpton: This would take care of all of the renovations of the buildings for the various services that we have there,as well as turn the auditorium into what we now have it programmed as purely and assembly hall, which is a minimum re -construction cost into a theater and that's an expensive cost. That basically what its for. Then our C.D. Funds would be freed up to be used in other ways. Mayor Ferre: And, Dinner Key Auditorium , we just went through that. Mrs. Gordon: He just gave you another eight hundred thousand. Mayor Ferre: Wait now. Mr. Crumpton: That's to get some of those things that were indicated .... that are not in there. Mayor Ferre: Yea, what's heavy equipment service facility, is that something? Mr. Crumpton: That is the replacement of the big heavy equipment repair garages that are out on 26th Street. Mayor Ferre: Hey, look, you know you're dreaming. Are we ready to move on this? Mr. Plummer: What are we supposed to do? You want a motion? Mayor Perre: Sure. Mr. Plummer: Then I make a motion. Mayor Ferre: Individually, one through eight (1 thru 8) that we approve these projects as presented to us. Is there a second to the motion? e ti Father Gibson: i' r it. Mayor Ferre: Seconder; day Gibson. Further discussion. Cali the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: Y'... ' 'I ;d NO. 76-851 A MOTICN LIST OF PUBLIC WORKS PROJECT GRANT AP I C. i' c NS AND AUTHORIZING THE CITY MANAGER' TO StBM' 1:r11 _:: ATIONS APPLICATIONS FOR THE FOLLOWING k RC;,.;._C `S: 1. co'. .._K'.. 2. LIT" !_E CO .Y;. CENTER 3. Dx v )I'i�ORIUM 4. WATSe 5. AFRICA:. ARK 6. ff -V_" 7. ::.AN.J ICA 8. EFT. . i `:? " 1MENTS Upon passed and ado. AYES: Cc;lim _ 3 iC _ $5,000,000.00 $1,500.000.00 $3,500,000.00 $ 90,000.00 (Master pid- $ 340,000.00 $2,225,000.00(N.W.20 St.; $1,340,000.00 $1,250,000.00 Commissioner Gibson, ollowing vote- _:,_..: a_o Rebos o R;'.ev ) Theodore Gibson Commis oe_ L. Plummer, Jr. Vice -Ka o Rose Gordon MayD r Maul: Ice A. Ferre the motion was NOES: None. j5, CITY - J �N�OL�1�1ENI OF OFFICE FOR NEWLY ti 1:(IEID Gill E1 Mr. Grassie: en r-ric +=.,,1_e of your selecting Mr. Knox as the next City Attorney or "c'.:c - :-• you asked that I discuss with him possible terms of z ...ir: ent.. I have done that. I have circulated a letter to hi_r : ,:c ..c.:;a outlining the terms that I would recommend to you. They are a al,i of $42,000.00, that he provided with a c ity car, that- he _.^wcd up to $2,000 for moving expenses anu that he be com%_ecl the interview trip that he made. In addition to that. ,: , 4� with him that I would recommend to you that he ,. opportunity to have an immediately vesting pension system. ,,(71.11 be of advantage to him in the sense that it vested immure .tc: nd would be of advantage to the city in that it would eer,t to provide this benefit "co the ec ic'-- The National Assoc:. City Attorneys 'r.as such a plan which is nations and recognized by the Internal Revenue Service and it simple matter for the city to simply subscribe to t,at Ulan a in :.ake it available to the employer. Mayor Ferre: Mrs. Gordon: Mr. Plummer: Mrs. Gordon: yc_.i, Mr. Plummer: Oh, I ' :r : c � rt,• - Mr. Grassie: Yes, rr_ was .n.,:lous to have this sort of benefit, you Cr the idea? ,regiment with the pension plan? w xnt to know if the attorney was. know its the sort of thing that really is applicable to any professi:. who expects to be mobile, otherwise he really is at a significant disadvantage and suffers a penalty in comparison to employees who are less mobile., Mrs. Gordon: J. L., did you want to speak to it? Mr. Plummer: Yea, I got to... Rose, we're just starting to establish a trend here on this pension system that I don't like to see. We've got enough problems as it is now with the pension that we can't afforu that we've got and now we're going to be running, you know. we've made a concession to the Managers postion. Now, we're talking about making a concession to the attorney's position. You know, what really is hard for me to fathom is that and I keep reading in theraper about all these beautiful benefits which are somewhat true. Nobody wanted, ---- run out on their own, just a immediate vesting, there's a reason for a year term of vested rights and that's to make a person incentive to stay long with the job. And, I don't see a thing wrong with that and the Manager that's the minimum as I recall of five years, not immediate, five years and I don't see anything wrong with that. Now, you know, every time we go we are getting a little deeper and little mom off track and I... Mr. Grassie: If I could comment Mr. Mawr, because I think it is of some significance to the city, and really the issue goes possibly beyond the question of the City Attorney. The basic question that I'm asking and I think possibly you're asking yourself is whether the city is going to encourage the recruitment of professionals nationally for this community for its responsible positions or not and this is a key element for people who have to move around the country. Now if you intend to bring people in and keep them for the rest of their lives, you know thats one set of circumstances. But with regard to the question of cost when of the points that I made was that we're talking about a system which actually cost the city a third less than your present system. o, its a direct dollar savings, you know, every day that the man is working. Mr. Plummer: Yea, I understand Mr. Grassie. I read that very well. But, I'm just saying sir that we've uncovered more rock now than we can cover. The next thing you're going to know you're going to need a third commission to try to take care of those that are not accompli't,- ed in the two systems now. Well, you say no. You know, here we are already talking about closing this system off and going to the state system. Mrs. Gordon: Mr. Grassie, how important is that to Mr. Knox? Is he very firm about that or is that just a matter of you know, you can if you want so on? Mr. Grassie: Well, I can't tell you that he's going to turn down the opportunity if he doesn't get them. But I can tell you that... Mrs. Gordon: Sometimes some things are important. It was important to you. Mr. Grassie: It was important to him. Mrs. Gordon: It was important to him? Mr. Grassie: Yes. Mrs. Gordon: And, it was important to you equally. I mean and just that. SEQ 231976 Mayor Ferre: well. let's ee it this way, let's vote for everythi nt but that and we can talk about that when he gets here how is that. Mrs. Gordon: Yea. Father Gibson: Let me aek a question Mr. Mayor? So, that I can better understand. Mr. Grassie, that pension system you're talking about is a national pension system for City Attorneys? Mr. Grassie: Yes ,ir. is e e national pension system, which has been established ht e':)r+:: eer ete.ly ten professional organizateona, including Direr ::or.:, cr f ablic Work , Directors of Finance, City Managers, City Atterneys, end it has been established in the last four years, approved by the Federal Government and it is specifically designed to help improve the quality of professional management and local government. Father Gibson: Ok, Let me ask another question so I can be more intelligent. Are you telling me what would be our share, does he contribute? Mr. Grassie: Y. s. He c;c:.tri:.a._es t,;:, and the city would contribute 6%, that compares to t`.ne Ire ent contribution of 8% on the part of the employee and more e .han. 9% on the part of the city. Father Gibson: A= ri:;in Lr•t me say this, ok. One of the ways I make decis �cns i e try "t:: :e as fair to other people as people are to me. I ' r;; _;aet :na:.Lo:"ai tension system. I can Christ church in the mor.,. ;.:d c;c, to New York and it is as if I never left Christ Chore. :: it in the same pension system, the rights are carried enc., the same benefits accrued. Mr. Grassie.: That hasic; ." iv 1:.; -eat you're talking about in this circumstance. Father Gipson: ..:link that the city in the long run would be better off in negotiating. I know when we go out on the market and look for a priest we have an advantage. All you do Whether its a ;recec. r t or ::o-: .f think what we its a precedent or. not I th,_:k if we are going is transfer his benefits. need J.L. -- whether to upgrade this system I would have done the sar,e :_:hi:;c for the Manager, I have no objection to that. I can's_ live in 1976 as I did in 1910 and I think the quality of people you get and J.L. I speak and I preface. I speak out of personally invc,l•,'emene. he L,..;i scopal Church has one pension fund system and you know what haep` :s people who hire you pay the pension. premium. Mr. Plummer: Father 1 go-c. no problem. The only you is that I i:r,•,e .von: gnat when you set when you precedent t : ,•c nie :omtmission contributed to th,, .:<zri_o:^. I think will tell better system `eu , r,audio1e conv& rsation) has not thing I'm saying to the precedent , that all its --- that I am guarenee,_ you ee do exist in negotiating. But at the next nec3c» ation :ne: c i the things you're going to see based on a precedent stet here today -- here's the money that the city feed, hie funds or ---- I'm opposed to it yca; ;:;o int blank that I don't know of a Mrs. Garcon: Czr; _, : :::::. w _ ruesticjn for me Mr. Grassie? The contribuvloe that t'.".e :i . : _a he should leave let's say in two years cr thec.e y ar:: . c t; his contribution back. Does he get the city' s ccntr :_h.:t :i Mr. Grassie: o .,: ,' �;I,. A sen. ion trust. Mrs. Gordon: It's gone forever? Mi 1 crl) col obi= Mr. Grassie: Well let's clarify it. We're talking about a naticnaL pension trust and the employee does not receive the money certainly before age 55. Mr. Plummer: Yeah, but in the present set-up Mr. Grassie, let's be truthful now. In the present set-up with youok, the first five years you're here if you leave the city or you terminate, whether you leave, however you leave. The contributions of the city come back to the city, correct? r. Grassie: That's right Commissioner. And, that is exactly what I'm trying to point out to you is completely inequitable when you're talking about trying to recruite professional people that are not going to spend the rest of their life here. Now, if it is your intention that you retain the home boy image and that everybody who comes here is going to be coming here for the next 25-years, then you're right, but what I'm telling you is that if you're talking about recruiting professionals nationally you have to take a different attitude toward it, and that is specifically the problem that they have with this system. You know, basically because they are mobile and because they are professionals who are going to get another job you're basically robbing them of their pension right. Because they're not going to stay on fifteen years. Mr. Plummer: No, no, Mr. Grassie let me tell you where you're wrong sir. I hope you're not mobile. Well, let's put it that way, but what I'm saying to you is when I hire a man here one of the considerations that I gave to any position, your's or the City Attorney is the man's age. I don't want a man who's 65 years of old who's going to have a ten year, three, to four,to five years. I want a man who intends to make this his life's work and if anything, yes sir I damn well want to discourage a mobile person. en Mr. Grassie: And, we're talking about. if I could Commissioner, I'll suggest to you that we're talking about basically in this particular case. We're talking about basically an administrative judgment, rather than a legislative one. Because what we're talking about is how do you get quality department heads, that's what we're talking about. What I'm telling you is that the city has put itself at a disadvantage and with that philosophy you continue to be at a disadvantage. If you want to do the right thing by this city we are going to have to change some of those. Mayor Ferre: All right, may I recommend that since there is some degree... I happen to ague e with the Manager, ok, you disagree with him. Ok, rather than bring it to a head now. I'm perfectly willing to vote on it if you want,but I certainly think we ought to vote on everything else that he is recommending in his negotiations so that at least the man knows where he stands. If you want to leave that one open then and we can discuss it when he gets here, fine. Mr. Plummer: Maurice, the only problem that I have there. It is my feeling if I were to be on the prevailing side in this pension issue then I feel that the man is entitled to more compensation, ok. Mayor Ferre: Hey. Mr. Plummer: That's the only reason I would disagree on voting on it now. It's as broad as it look, when you come down to the bottom line, how many dollars did he cost the city": That's what you're looking at. Mayor Ferre: How much are we going to pay into that pension? Mr. Grassie: You're going to pay 6% rather than paying 9.3%, it's a 0 direct dollar saving of the city. Mr. Plummer: Where did you come up with the 9.3? Mr. Grassie" That's what the city is now contributing for non -uniform people. Mr. Plummer: Oh. Mayor Ferre: In other words, it's thirty-three hundred dollars it's going to cost us a year. is that right? That's the pension provision that we have to pay. Mr. Grassie: Yes. Mr. Plummer: Ck. Mayor Ferre: Let's bring it to a head one way or the other. What's the will of this commission? .... We've talked about this long enouq everybody knows how they feel. Make a motion whoever wants to do it. Come on. Mrs. Gordon: Well, I'm going to tell you that I'm not... I feel more like the way J.L. does because I feel a little bit reluctant to take the attitude you do Mr. Grassie that only experts come from out-of- town, you know, I acr.ee you're from out-of-town and you're a good man and we're glad we ::,1ve you, ck. I don't consider Mr. Knox an out-of- towner, he was in 'Miami spa he just happened to go away for a short while, so he's I con't think that you have to consider all Department Heads ::::d t you might want to engage or need to engage nacre to come from out-of-to,Am and that the same thing will hold true. I'm a little appalled by your philosophy. Mr. Grassie: I agree wit:, you entirely. The point is that Mr. Knox, who is a Miamian was hired out-of-town. He's mobile. He's a professio he isn't working here. Mr. Plummer: He's not working there really. Mr. Grassie: Well, that could be. But that's the point. Mr. Plummer: I'll make you a motion.. I'll make a motion that we except all of the recommendations of the Manager with the exception of pension and he be offered the regular pension system that every other Department Head is offered. Mayor Ferre: There's a motion, on the floor. Mrs. Gordon: I'llsecond that motion. Father Gibson: Mr. Mayer, on the discussion. Mayor Ferre: Discussion, Father Gibson. Father Gibson: I want to s,,y to the Members of this Commission that Mr. Grassie philosophy is the prevailing philosophy all over this country in all of these ma -,:ter. I am a part of a system. I am a native Miamian and it has nothing to do with my pension. I could leave in the morn:. aka.... listen... wait a minute. I was in North Carolina first. moved frotr, North Carolina to Virginia. moved from Virginia to Miami and it didn't affect riy pension. Mayor Ferre : Excu:-e the ; .,terruption, but as a matter of trying to get this thing movinc,. I would like to subscribe and join you in voting against this motion and may T recommend that the Commission vote against this motion and then would you please make a motion back- ing the recommendations of the Manager as he's presented it and then we'll go from there. Mr. Plummer: Are we still under discussion? Mayor Ferre: Yes. Mr. Plummer: See, Father, I don't see your picture as quite right. I would see your picture that if you went from a pulpit here to a pulpit in New York, but you told that•pulpit in New York I don't want part of the Episcopal pension fund, I want part of the Catholic Church pension fund, because that's what we're saying. We have a damn good pension fund right now. So good that we're in serious, serious trouble. Now, all I'm saying to you is, is the fact that we right now. Let me tell you the reason we can't get a credit to buy IRS is because we've been so liberal with the upper echelon. I don't see a thing wrong with letting people join our pension fund. I don't see anything wrong with it. I'm not going to lobby. I made my point. Mayor Ferre: All right, is there any further discussion? Let me tell you something.... you know, there's nothing wrong with anybody in this Commission lobbying for anything. I'll tell you when I served on the legislature everything we came up for a vote everybody would start getting up and say I'd like to strongly recommend that you vote for this -- -- there's nothing wrong with that. and don't apologize for lobbying for anything, that's what we're here to do. Mr. Plummer: See Mr. Mayor. there's a difference between lobbying which has a connotation of a bad word and that of making your point. I took it prerogative of maybe trying to do both and I apologize Mayor Ferre: Nothing's wrong with that in my opinion. You can state y our opinion and try to get me to switch my vote, there's nothing wrong with that. Now, that's part of the system. Now, is t here any further discussion. Mrs. Gordon: Yeah. Mayor Ferre: Rose. Mrs. Gordon: What about if we accept all those other parts of your agreement with him and when he comes in we discuss this with him. Mayor Ferre: I'll vote forthat. That's what I recommended fifteen minutes ago. Mrs. Gordon: All right. Would you accept that J.L. Mr. Plummer: Sure. Mrs. Gordon: Ok. Well, then will you change your motion and I'll . second it. Mr. Plummer: Fine. Change it to include all items as proposed by the Manager be accepted with the exception of pension which will be discussed with him when he comes in. t Mayor Ferre: And, I'll tell you u4less somebody really has an awfully good argument I'm going to tell you right now ... Mrs. Gordon: Well, he might like it better after he hears about our pension plan. Mayor Ferre: Ok. let him maze the decision with us when he gets nt that's all right with me. The amended motion now, which I will vote for. Mrs. Gordon: There's a new motion, he just changed it. Mayor Ferre: And, did you second the motion? Mrs. Gordon: I seconded it. Mayor Ferre: Is there further discussion on it? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: :MOTION NO. 76-852 A MOTION ACCEPTING RECOMMENDATIONS OF THE CITY MANAGER FOR TERMS OF APPOINTMENT OF THE NEW CITY AT ORN2Y AS FOLLOWS: ANNUAL SALARY - $42 , C00.00 USE CF CITY AUTOMOBILE PAYMENT CF MOVING COSTS REIMBURSEMENT CF TRAVEL EXPENSES FOR INTERVIEW PROCEDURE FURTHER STIPULATING THE MATTER OF PENSION BENEFITS TO BE DISCUSSED WITH THE CITY ATTORNEY ELECT AFTER HIS ARRIVAL. Upon being seconded by Commissioner Gordon, the moticn was passes and adopted by t',c oilow :1c; vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Fe::re NOES: None. 56, AUTHORIZ Cl-Y "r�1A± R T ADVERTISE "FEDERATION OF INTERNATIONAL-AMERICAN CLUBS - , NUAL YEAR N00K, Mayor Ferre: First thing,is the American Clubs throughout the world Ar and there's about thirty of them in Copenhagen, Berlin, London, I don't know, India, there's one in Miami. The Federation of International - American Clubs is having their international Convention, I mean in Madrid, Spain this year. It will be I think it starts on the 3rd or the 4th of November. It looks like we are in real good shape to get the convention next year. You're talking about perhaps a thousand to two thousand participants, plus I think an awful lot of good pui list.: They've asked me to be a speaker over there and I certainly told them that I'm going_to look into Frank, how is it that they want in advertising? Bey want an ad from the City of Miami for the back page. And the ad will cost $706.00. I think this is such an important thing personally that 7 think that we should take an ad and I further think that its sufficiently important for somebody other than myself, because I can only Stay there for two days. I'm not going to be able to stay for the full convention and I'm being invited by the Federation. Not conditionally on anvthiA , but I think its important enough that we do both things. That we place an ad in their year book and that we also have one of the members of the Commission to go on this thing and I don't care who it is. That's something that can be worked out by the Commission. I'm just recommending this to you. I'll move it. Mr. Plummer: Mrs. Gordon: Second it. Discussion? Call the roll pleas '° ■61II III 1 Pflll 111 II I' The fo icw._,, iritroduced by Mayor Ferre. who moved its adoption: MOT C 10. 76-853 A MOTION AJT 'IZIT G AND DIRECTING THE CITY MANAGE TO P .,..A:C :, AN ADVERTISEMENT FOR THE CITY °;F AN AMOUNT NOT TO EXCEED •$ 700 0 _ tax .PUB; ICATION CF THE "FEDE'R, T ,.. ;'RNA TICNAL AMERICAN CLUBS„ AND '";., !' ]:-;V" .. FOR ONE CITY COMMISSIONER TO AT-71 1')76 CONVENTION IN MADRID IN NOVE? BE : Upon beinc! T ), ssioner Plummer, the motion passed and a o ;;( vote - AYES: e;eodore R. Gibson Comm:1 :;:e_. 1_. L l.rnrner, Jr. Mayor :'ai.:y'icc'.+. Ferre. NOES: None. 7, MISCE 'yL Mayor Ferre coming along? Mrs. Gordon: Mayor Ferre. kind of drastic September 1._, at this point act, letter and r:J is. of C. :forra 7 stop aria the letter, have you seer. , was %OORDIiIATORS OF THE ARTS, .ejNSTRUCTION OF VpLCORc E, LSTABISHMENT OF LOMMUNICATIONS OFFICES AT LI T Y kALL, t.;.� the Arts for Miami, how is that back to June and July. ' s bat Nora a Swan? ,: • -^_ question that I have is I read the :irr isey to you Mr. Grassie, dated that Velodrome, now we're stopped :;_;ter issue because we got a certified politan Dade County is telling us :ar you do we got to approve, and you r.ic:; it was a pretty, pretty strong Mr. Grassie: I've distributed copies to you Mr. Mayor to the whole Mayor Ferre: And, what you're saying is now that you've taken care of it and you think we ' goir to go ahead, is that it? Mr. Grassie: :4'eia . : 'ra depending on the opinion of the City Attorney, yes, we're going a:.ea� . Mayor Ferre: Nc .s , ose,,, did you have anything, you said you had some- thing? Mrs. Gordon: surprising; tc that she ,,3 next z::'.. I don't underCt :._c:. because r c emAdr created tnc, , c, seems r.ir.c_ Mayor 'err _. tit- you're • 4 " rear de 3� .-;:at the coordinator of the Arts bit was that this was an idea that .ow we're putting it out on bids. trfI U ..: finis was something, that she formulated L7,e7,c)rar,dums before you got here on it, and wha'c now, you know? It just ;:e advertising it. edure for any position of the city. we avcu' t .:ic:cided it yet and you don't know what n other \+'C : .-.hog no whe n::: you'rewhat iJI r Mr. Grassie: Mayor Ferre: she's already Not that I'm aware of. I'm sure you're going to consider Nora Swan, since applied for the job. Mr. Grassie: Well, you know, it's not something that I keep daily track of but I think that she has already put in an application I saw one through my desk. Mayor Ferre: Ok. All right, now how about the question of the communication's office? I wrote you a memorandum August 9th and I had previously written a memorandum to Paul Andrews where I recommended a communication's office in the city, city hall. Mr. Grassie: Excuse me Mayor we're losing a quorum and we still have four pieces of official business we've got to do. Mayor Ferre: All right, we're not going to lose a quorum. The communications at the city hall. I wrote you a memorandum. I'had written Paul Andrews a memorandum before then. I'm in no way compl :,n- ing about the Metropolitan Publicity Department, ok, but I told you that it was my opinion that a realistic evaluation we must 'control on our own directly from City Hall the'releases that we make and I'm talking about the way Metro does it. Now, Metro is also part of the Metro -Miami Publicity Department, but they happen to have under the Manager's Office and I'll tell you who it is in Metro, Jack Kassewitz's wife, Ruth. Mrs. Gordon: And, she does a wonderful job. Mayor Ferre: Doesn't she, operation, I'm just saying of having the same type of Miami. I wrote you a memo and I'm not in anyway crititizing Lou's that we really should study the possibility a communication's office in the City of on it August 9th, I'm just asking you. Mr. Grassie: Yea, I guess as I recall Mayor that was to the Assistant City Manager in that area for some background ... Mayor Ferre: I'm thinking exactly the same function that Ruth Kassewitz performs. She goes to CRB meetings, she goes to all these types of community functions. She works under the Manager and she makes all the press releases, ok, well would you give me an answer on that by the 14th? Mr. Grassie: Yea, if you want it we'll put it in the budget, you know that's the only way we can accomplish it. Mayor Ferre: I'm not asking for it in the budget Mr. Grassie. I'm just asking for an answer to my August 9th memorandum. I know you're very busy and I realise its only been six weeks, but I am saying that I would like an answer within two months. Now, I don't think its such a unrealistic request. and I'm not even telling you what the answer is. you can tell me yourself, I mean, I'm just saying would you please answer my memorandum of August 9th, because I happen to t hink its an important subject? Mr. Grassie: Sure Mayor. 77z iea r "i111'111PIIIr!"!11141111 U9 A 1 illiipi II II II 1 3 iL7j1) 7 5.4 ,,, 53, ESTABLISH DATE FOR SPECIAL CITY MMISSION 'ELTING — 1.)C1-0 27,) 1976, ATJOCL0CKM. The following resolut.i.o was introduced by Commissioner Plummer, who moved its adoption: ; NO. 76-854 A RESOLUTiG SPECIAL CITY COMMISSION MEETING or; OOE 27, 1976, AT 2:00 P.M., AT CITY HALL, DiNNY::,EY, 11.TAMI, FLORIDA. (Here follows oo.;:iy of resoution, omitted here and on file in the 01:2icc cf the City Clerk). Upon being Licconby ,:20missioner Reboso. the resolution was passed and adcr:,17..e the following vote - AYES: COMMiC:110.1Q*;7 ;JOSO CommissonT. ;Lev. Mcodoi'e Gibson CommisJ. r,lummer, Jr. Vice -May: kcse Gordon Mayor Maurice A. Ferre NOES: None. 59, ESTABLISH DATE FOR SL;;AL CITY COMMISSION rEETING NOVOKR 17, i97 AT -,./.:11J 0 CLOCK t'sN. The followin reoiuion was introduced by Commissioner Gibson, who moved its a6option: RESG;,UTION NO. 76-855 A RESOLU?ION CAT, A SPECIAL CITY COMMISSION MEETING ON NOVELER 17, 1976, AT 2:00 P.M., AT CITY HALL, DINNER KEY, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the C)ffice of the City Clerk). Upon being by ..:o)mmissioner Gordon, the resolution was passed and adopecl by the following vote - AYES: Commisslr Commissloner („ev.) Theodore R. Gibson Commissioner s". Jr. Vice -Mayor Rosia Mayor Maurice A. :erre NOES: None. 4 SEP 2 `,-‘'J 1976 60. CHTGE DATE RF NCULAR CITY COMMISSION MEETING FROM NOVEMBER 25, 1976 TO VEMBER lo, //0, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-856 A RESOLUTION CHANGING THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 25, 1976 TO NOVEMBER 18, 1976. (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: Commissioner Manolo Reboso Commissioner (Rev.) Theodore R. Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre Gibson NOES: None. 61, EMERGENCY ORD. -AMD, ORD, IO,35O7 - DELETE $10,000 APPROPRIATION TO HISPANIC COMMA PRCENTERTBYY ,k, a.; -HU I Mt iLJRVW3 a 4 'IX DOWNPAAYYMEENTIVI ACTIVITIES VEHICLE BUREAU TO BE USED FOR TRANSPORTATION OF HANDICAPPED PERSO" AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE .,MENDING ORDINANCE NO. 8507 PASSED AND ADOPTED DECEMBER 19, 1975, BY DELETING THE $10,000 APPROPRIATION THEREIN TO THE HISPANIC COMMUNITY PROJECT AND CONDITIONALLY INCREASING THE APPROPRIATION THEREIN TO LITTLE HAVANA ACTIVITIES CENTER BY $6,900 FOR THE PURPOSE OF ITS HOT MEALS PROGRAMS; AND CONDITIONALLY INCREASING THE APPRO- PRIATION THEREIN TO ACTION COMMUNITY CENTER BY $3,100 FOR THE DOWN PAYMENT ON THE MOTOR VEHICLE TO BE USED FOR TRANSPORTING HANDICAPPED PERSONS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CON- FLICT; AND PROVIDING A SEVERABILITY CLAUSE. Was introduced my Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote: AYES: Mr. Reboso, Mr. Plummer, Rev. Gibson Mrs. Gordon and Mayor Ferre. `•on _ . SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8576. 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. 14-5 9 ' �r: 1JOURNi E I: THERE BE:No NO !=URTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, ON MOTI%N JULY MADE AND SECONDED, THE MEETING WAS ADJOURNED AT 10:25 O'CLOCK P. M. ATTEST: Rcz.t`.rn G. Cn:,.<c. CITY CLERK Matt ASSISTANT CITY CLERK Mauf.tice A. Fenute MAYOR 146 CITY OF Mn'AM 1 OCUMENT 1 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT WAIVING THE PAYMENT TO THE CITY OF 40OF THE GROSS GOLF CART RENTAL RECEIPTS BY THE GOLF PRO AND GOLF CART CONCESSIONAIRE AT THE MIAMI SPRINGS GOLF COURSE. TRANSFERRING AND REPLACING CERTAIN CERTIFI- CATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI APPROVING THE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND OMNI INTERNATIONAL OF MIAMI LTD, ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $225,501.75 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384 (BID "A" HIGHWAYS). ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $141,738 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384 (BID "B" STORM SEWERS). ACCEPTING THE BID OF GARCIA ALLEN CONSTRUC- TION COMPANY, INC. IN THE PROPOSED AMOUNT OF $42,840 FOR THE CONSTRUCTION OF OMNI PAVING PROJECT B-4384. ACCEPTING THE BID OF WILLIAMS PAVING CO., INC IN THE AMOUNT OF $370,215 FOR THE CONSTRUC- TION OF BISCAYNE WEST (HIGHWAY IMPROVEMENT I1-4390 (BID "A" HIGHWAYS) IN BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390 ACCEPTING THE BID OF WILLIAMS PAVING CO., INC. IN THE AMOUNT OF $166,219 FOR THE CON- STRUCTION OF BISCAYNE WEST HIGHWAY IMPROVE- MENT H-4390 ACCEPTING THE BID OF EVERGLADES SOD & LAND- SCAPING, INC. IN THE AMOUNT OF $39,550 FOR THE CONSTRUCTION OF BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 REALLOCATING TIIE SUM OF $27,500 IN FUNDS OF THE POLICE CRIME PREVENTION FACILITIES BOND FUND -MODERN MIAMI POLICE HEADQUARTERS FOR THE PURPOSE OF EXTENDING TIIE PERIOD OF SER- VICES BY AN RSX-11 D OPERATING SYSTEMS SPE- CIALIST. MEETING DATE: September 23, 1976 COMMISSION 1 RETRIEVAL ACTION CODE NO. R-76-820 R-76-821 R-76-822 R-76-823 R-76-824 R-76-82 R-76-82E R-76-82c R-76-830 R-76-831 0062 76-820 76-821 76-822 76-823 76-824 76-825 76-828 76-829 76-830 76-831 12 13 14 15 16 17 12 1.9 20 21 -, ) RA'I[1'VI•v(; AND APPE:oV'INC, TILE ACTION TAPEN BY THE DIRE:CTOOR OF THE DEPARTMENT OP PUBLICITY AND TOURISM IN THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. TRAVEL SERVICE, DE- PARTMENT OF COMMERCE. RATIFYING AND APPROVING THE ACTION TAKEN BY TIIE CITY MANAGER IN THE SUBMISSION OF A GRANT APPLICATION TO U.S. TRAVEL SERVICE, DEPARTMENT OF COMMERCE. FOR A "MIAMI-SHOPPING CENTER OF THE AMERICAS" PROGRAM AUTHORIZING TIIE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY THROUGH TIIE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES. RATIFYING AND APPROVING THE ACTION OF THE CITY ATTORNEY AND THE CITY MANAGER IN RETAIN- ING STEPHEN M. SLEPIN, ESQ., AS CO -COUNSEL IN CONNECTION WITH THE PREPARATION AND PRESENTA- TION OF THE CITY'S CASE IN THE MATTER OF CITY OF MIAMI V. JOEL WOOLDRIDGE, IN THE SUPREME COURT OF THE STATE OF FLORIDA. AUTHORIZING TIIE DIRECTOR OF FINANCE TO PAY IDA M. CAMBERT AND RENE CAMBERT, HER HUSBAND WITIEOUT THE ADMISSION OF LIABILITY, THE SUM (iF $3,300.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY APPOINTING MRS. DOROTHY JENKINS FIELDS TO TIIE MIAMI MEMORIAL COMMITTEE TO SERVE AN INDEFI- NITE TERM OF OFFICE. APPOINTING DR. THELMA PETERS AS A MEMBER OF THE MIAMI MEMORIAL COMMITTEE APPOINTING MRS. MARY FOWLER AS A MEMBER OF THE MIAMI MEMORIAL COMMITTEE AUTHORIZING THE ISSUANCE OF A PERMIT TO AIR - PARK PLAZA FOR AMUSEMENT RIDES AT 5703 N.W. 7 STREET IN CONNECTION WITH ITS CARNIVAL ON NOVEMBER 2, THRU 7, 1976 GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE FOR THE USE OF BAYFRONT PARK A[JDITORIUM fire NOVEMBER 13, 1976 FOR A BIRTHDAY BALL RATIFYING AND APPROVING THE WAIVER OF RENTAL FETES FOR TEIE USE OF THE CITY OF MIAMI' S SHDWMOBILE BY THE MUSCULAR DYSTROPHY ASSOCIA- TION ON SEPTEMBER 4, AND 5, 1976, AS PART OF THE JERRY LEWIS TELETHON. J\(ITHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MANAGEMENT SCIENCE AMERICA INC. FOR IT TO RENDER PROFESSIONAL SERVICES IN PROVIDIING ITS PAYROLL ACCOUNT SYSTEM. R-76-832 R-76-833 R-76-834 R-76-835 R-76-836 R-76-837 R-76-838 R-76-839 R-76-840 R-76-841 R-76-842 R-76-843 76-832 76-833 76-834 76-835 76-836 76-837 76-838 76-839 76-840 76-841 76-842 76-843 TEM NO. DOCUMENT IDENTIFICATION 24 25 26 27 28 29 AUTHORIZING Tiil: CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH EVELIO LEY & ASSOCI- ATES, INC., FOR TIIE PROFESSIONAL SERVICES OF SAID FIRM IN COORDINATING AND PROMOTING LATIN AMERICAN TRADE EXHIBITION IN MIAMI AUTIHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITIH GLAD - STONE ASSOCIATES FOR PROFESSIONAL SERVICES IN THE FOII4 OF ECONOMIC CONSULTING SERVICES AUTHORIZING THE CITY CLERK TO SELECT AND AP- POINT THE ASSISTANT CITY CLERK TO SERVE TIIE UNEXPIRED TERM OF TIIE FORMER ASSISTANT CITY CLERK CALLING A SPECIAL CITY COMMISSION MEETING ON OCTOBER 27, 1976 CALLING A SPECIAL CITY COMMISSION MEETING ON NOVEMBER 17, 1976 CHANGING THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 25, 1976 TO NOVEMBER 18, 1976 CO ISS ON ACTION„.,_ R-76-848 R-76-849 R-76-850 R-76-854 R-76-855 R-76-856 QQZ1 NO. 76-848 76-849 76-850 76-854 76-855 76-856