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HomeMy WebLinkAboutCC 1976-10-28 MinutesME 11AINE • • TY OF MIAMI OF MEETING HELD ON October 28, 1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. OWE CITY CLERK • prmmaraw. • ITEM NO, 1. 2. 3. 4. 5. 6. 7. 8. 9, 10. 11. 12. 13. 14. IP 15. 16. 17. 18. 19. 20. 21. 22. 23. its( 1i�MI�'� CiV(�IIS�OA LORI14 SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 24, 25. 26, 27, RECEIVE BIDS- EAST BRADDOCK SAN SEWER-SR-5410-C: R 76-958 RESTORE FUNDING IN AN AMOUNT OF $20,000. TO GREATER MIAMI TRAFFIC ASSOC: R 76-959 PLACEMENT OF C.E.T.A. POSITIONS TO THE MARCH OF DIME : M 76-960 CHRISTMAS HALF HOLIDAY Dec. 23, 1976: M 76-961 SCHOOL RESOURCE OFFICER PROGRAM -DISCUSSION: PROPOSED CIVIL SERVICE RULE CHANGE -RESIDENCY REQUIREMENT: M 76-962 FIRE BARGAINING UNIT -CURRENT NEGOTIATIONS: M 76-963 FEE WAIVER POLICY OF THE CITY COMMISSION -DISCUSSION: WAIVE RENTAL FEE FOR USE OF WATSON ISLAND - VINTAGE AUTOMOBILE CLUB OF MIAMI SWAP MEET: R 76-964 AFFIRMATIVE ACTION OFFICER -DISCUSSION: CLAIM SETTLEMENT - ANTHONY ABRAHAM CHEVROLET: R 76-965 CLAIM SETTLEMENT-LINDA KATZMAN: R 76-966 CLAIM SETTLEMENT - WALTER LEE TURNER: R 76-967 APPOINT LUCILL MlXWELL TO MIAMI MEMORIAL COMMITTEE: R 76-968 APPOINT RAFAEL LEON TO ECOLOGY AND BEAUTIFICATION COMMITTEE: R 76-969 AMUSEMENT RIDES PERMIT_ ST. MICHAELS THE ARCHANGEL: R 76-970 AMUSEMENT RIDES PERMIT- EDISON CENTER MASONS AND EASTERN STAR: R 76-971 AMUSEMENT RIDES PERMIT- BORINQUEN LIONS CLUB: R 76-972 AWARD BID- OLD BAYFRONT PARK DEV. (ELECTRICAL AND IRRIGATION SYSTEMS): .114R 76-973 AWARD BID - OLD BAYFRONT PARK DEV. (PHASE I): R 76-974 AWARD BID - READY MIX CONCRET CON CONTRACTUAL BASIS FOR ONE YEAR: R 76-975 AWARD BID - CITY CEMETERY IMPROVEMENTS: R 76-976 RATIFYING AND CONFIRMING THE ACTION OF CITY MGR, EXTENDING CONTRACT WITH ADVERTISING AND MARKETING ASSOCIATES FOR ONE YEAR: POLICY OF INTENT ON CONTRACTS: ACCEPT COMP. WORK -PROTECTIVE SYSTEM FOR NTW POLICE FACILITY: AUTHORIZE CITY MANAGER TO ENTER INTO AGMT,= ARNOLD R, GUREVITZ, PROJ. ANAL\ST; AUTHORIZE CITY MGR TO EXECUTE CONTRACT - O'LEARY SHAFER AND ASSOCIATES: R 76-977 M 76-978 R 76-979 R 76-980 R 76-981 1 2 3 4 4 - 7 7 -23 23-25 25-27 27-29 30 30--31 31 31- 32 32 32 33 33 34 35 35 36 36--37 37 38 39 39 40 �!!!I�pll�Ill�I l l;pl11 �l 1111110 INDEX et; FAfficifMRSRIDA SUB,,ECT ORDINANCE OR RESOLUTION NO PACE NO, 28 32, 33, 34. 35. 36. 37. 38. 39. e 40. 41. 42. 43. 44. 45. 46. 47. APPROVE RENEWAL OF AGREEMENTS -PUBLICITY AGREEMENTS BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR JOINT PROGRAM: AUTHORIZE AGREEMENT -METROPOLITAN DADE COUNTY TEMP- ORARY PUBLIC SERVICE JOBS PROGRAM: PERSONAL APPEARANCE - EVELIO LEY: CHANGE DATES OF DECEMBER COMMISSION MEETINGS "KEYS TO CITY" --MAYOR OF SANTIAGO CHILE: PLAQUES, PRESENTATIONS CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS: MOTION -CHANGE DECEMBER COMMISSION MEETING DATES REPEAL CH 8 OF CODE- RELATING TO BICYCLES: BRIEF DISCUSSION- BIKE RESTRICTIONS- SENSORY GARDEN AMD. APPRO. ORD. 8466- $3,000. PREVIOUSLY APPRO: BID AWARD - POLICE UNIFORMS : AIR CONDITIONING MAINTENANCE -DISCUSSION LEGISLATIVE WEEK -END -AL DEMARCO: MAHI SHRINE CIRCUS -ASSESS ONLY COST: SISTER CITY-CALI COLOMBIA-COMMISSIONER PLUMMER REPRESENT CITY OF MIAMI: C.E.T.A AND MANPOWER PROGRAMS -CITY MANAGER REPORT: DISCUSSION ITEM - CAPITAL IMPROVEMENT TO MORNINGSIDE PARK: BRIEF DISCUSSION -STATE HEALTH COORDINATING WEEK SECOND V. PRES. FOR FLA. LEAGUE OF CITIES: AGMT. - FIREFIGHTERS, AFL-CIO LOCAL 587: CIVIL RIGHTS REPORT-COURTNEY SICELOFF: CHARLES HUTTOE-PERSONAL APPEARANCE -CHAIRMAN OF CIVIL SERVICE BOARD: R 76-982 R 76-983 M 76-984 (1st reading) 8586 v R 76 985 R 76-986 M 76-987 M 76-988 R 76-989 40--41 41 42 43 43--46 47 47 47--48 48 48-49 49--54 54--55 55-56 56--59 59--60 60--61 60--61 61--62 62--65 65--67 68--89 MINUTES OF REGULAR MEETING or THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON. THE 28TH DAY OF OCTOBER, 1976, THE CITY COMMISSION OF .,!AM1, RDA MET AT ITS REGULAR MEETING PLACE IN THE ITY TALL, 5 UU FAN AMERICAN DRIVE, M1AMI, tLORIDA IN REGULAR SESSION. THE MEETING WAS CALLED ORDER OME0MBO'CLOCK THE��. BY MAYOR MAUR I CE A FERREWITH THEFOLLOWING COMMISSION FOUND TO BE PRESENT: Camm.i66-ianen ,Manoeo Rebozo CommI66ionen J. L. Peummen, Jn. Comm 44ionen (Rev.) Theodore G.Lb6on Vice -Mayon Rose Gordon Mayon Maun.ice A. Fence ALSO PRESENT: Joeeph R. Gna46ie, City Manager R. L. Fobmoen, AszaIan.t City Manager Geonge F. Knox, City Attorney Raeph G. Cng Le, City Ce.enh Ma-t-ty H.inai, Azistant City Ce.enfz AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN ED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY. 1. RECEIVE SEALED BIDS - EAST BRADDOCK SANITARY SEWER DISTRICT. This being the date and time advertised for receiving sealed bids for East Braddock Sanitary Sewer Improvement District SR-5410-C, the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 76-958 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: EAST BRADDOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5410-C. (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: Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Bac Construction, Inc, Goodwin, Inc, Intercounty Construction Corp, Florida Ecological Corp, Sulliven, Long & Haggerty Chas, F. Smith & Son, Inc, Mayor Ferre: Mr. Manager, you know we have a problem here, a noise factor coming from the back side. Now I've been over at Miami Beach several times to the City Council Meetings over there, they've got a worse problem than we do and they pNoloa policeman. And boy, I'll tell you nobody can talk or whisper in the abacI.apolo- I'fi not saying that we should go to that expense but I do think that, 5 or 6 or gize for the inconvenience that that causes staff but there are usually 7 people here and I think we ought to take turns and whenever there is ahnoise factor back there somebody ought to go back and quiet people down. snt happened yet but I'm beginning to hear a little bit and I'm sure as the day goes on it will happen. 2, RESTORE FUNDING IN AN AMOUNT OF $20,000.00 TO GREATER MIAMI TRAFFIC ASSOCIATION. �b bring olit at ua,'or 'Crre! r'omm4ssioncr D1+1^'rcr has a ,,ocYct itc+!+; that he wishes L this time and I'll recognize him for that purpose. Mr. Plummer: Mr. Mayor, I was appointed by this commission to serve onthe lGreater Miami Traffic ASsociation. I attended the first meeting yesterday Icouis have to admit to the commission that I was not totally aware of sert vice and, g up n doing. This is a totally private group which provides a community takes the role of a Consumer Advocate on behalf of the public of South Florida. I fellow commissioners, a summary of the activities have given to each one of you, my to the in which this group participates in on an annual basis. Just to aringito fore- frontincrease one item which they were very successful in helpingfthey which saved the people of this community millions of dollars in freight costs, that are involved in trans -Atlantic flights across the United edfStates in thingsmaking sure good plane service is coming into this community.by-passing they' mi trying to fight at the present ttoeis a Miami toago straight tolght Atlanta� That's one of from England rather than comingf the things. They're also involved in getting better plane services one of athlflCitys of Miami into other points in Florida, and for us that fly know the difficulty of getting into places like Gainesville, Ocala and things were of thatnature. Mr. Mayor, what I would suggest to this commission, they they g ally funded by the City of Miami to the tune of $20,000. n Dade fortunately,y or were 00. cut to 10. Presently they are funded 80% by PI would like to make a motion at this time, Mr. Mayor, because they yrare havingni fin- ancial problems and I would hate to see a group that is fighting ty to go out of existence; that they be reinstated to their former funding position of $20,000 with the possibility if it is feasible and legal that they be afforded a C.E.T.A. position in their organization. This is a totally non-profit organizat- ion. The Board of Directors are made up of very fine community leaders,excluding myself, but Beverly Phillips sits on there for Metropolitan Dade County . The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-959 A MOTION OF INTENT TO RESTORE FUNDING TO THE GREATER MIAMI TRAFFIC ASSOCIATION TOF ATHE C�EOT.tT A.OPOSITIONo ACDTY MANAGER INVESTI- GATE THE POSSIBILITY TO RECOMMEND TO THE CITY COMMISSION. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre OCT 2 81976 MEV MEE MMIM AMIE MEER SEEP mow MeME ME Me MW ME Mt mm mm mE MW ME ee Me EE Me PLACEMENT OF CiE.T.A. POSITIONS TO THE MARCH OF DIMES Mrs. Gordon: At the same time 1 would like to ask the Manager ir, of ask this commission Mr. Manor, if there is a C.E.T.A. position available to allocate a bf1§ita ion to the March of Dimes who are in need of assistance and we know we don't hale financial assistance that we can offer so if a position is available I would so move. The following motiOh was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76.960 A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE POSS.- If3ILITY OF THE PLACEMENT OF A C.E.T.A. POSITION TO THE MARCR OF DIMES, IF SAID POSITION IS AVAILABLE. Upon being seconded by Commissioner Plummer, the motion was passed and; adopted by the following vote - APES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. fOT1CN OF INTENT - GRANT ONE-HALF DAY OFF FOR CITY EMPLOYEES TO ATTEND CHRISTMAS PARTY AT DISCRETION OF DEPARTMENT HEADS, Mr. Plummer! Mr. Mayor, I ha!*e a1re,Ari„ snolron to Mr. arRs is ''tito ]_ going' to either say yea or nay. Traditionally this commission ever since I have had the pleasure of sitting on it have afforded the employees a half a day off for their traditional Christmas Party and I would like to move at this time, Mr. Mayor, that that tradition be kept up for the 23rd, the half a day off be afforded to the employees for that traditional Christmas Party. Mrs. Gordon: What day does that come on, Friday? Mr. Plummer: Rose, I'm giving the date of December 23. I think Christmas falls on a Saturday this year. Yes. Do you want to comment, Mr. Grassie? Mr. Grassie: Only this, Mr. Mayor: You may want to do this rather than make it a blanket provision obligatory to all departments you may want to do it at the discretion of the department heads so that particularly in those departments that have to man their operations on a 24 hour basis that the department head does have some discretion to keep a skeleton staff aboard. The alternative is that you're going to end up paying overtime because of this. Now I understand that that works potentially some hardship on a few people who represent a skeleton crew but it seems reasonable to keep the offices at least marginally open during that time. Rev. Gibson: Mr. Mayor, I want to ask a question. You know we're in the bargaining process. J. L.? Mr. Plummer: Father, I'm well aware. Rev. Gibson: Knowing these unions get hard nosed, man, and I don't blame them. It's the only way to make management honest but I want them to understand that they have a corresponding responsibility to be honest and to be considerate. You know I raised this question in that other meeting we had. You give them all the goodies, man, you ain't got too much to talk with and about and I'm not opposed to unions. I'm their friend. Mrs. Gordon: We've always done it before haven't we? Mr. Plummer; Well, I don't know if anybody is fully aware but I'm not talking about Thanksgiving that's already been negotiated as it should be. I'm talking about Christmas. Mrs. Gordon: I don't know how you can hold anybody back before Christmas, l'1 second it. Mayor Ferre; Ts the notion as amended by the recommendation of the or do you want tO slake it straight across the board? *� -ty lager OCT 2 8 1976 Mr, Plumilter: Well, I'll tell you what I feel pretty strong about this one. Mr Mayor, I'll tell you I'd rather do it the other relay. Let's put the monkey on the departtent head's back. If any department head so feels inclined that he needs a skeleton crew let him come before the cottlt[iission and tell us and then we'll amend it. Mayor Ferre: t'll tell you I've got to Vote against that because I really feel that the Manager's recommendation is a valid recommendation and I'll go along with doing it but the way the Manager is recommending it. I think to do it otherwise, we've done that in the past but maybe we've done it wrong in the past. Mr. Plummer: Well, you know when I can get a winner I'll take it. I don't want to but I can feel the consensus and I'll go with the recommendation. Mayor Ferre: Well, I mean I'm just expressing my opinion. In other words aS: amended, J. L.? Mr. Plummer: I'll accept the amendment. The following motion was introduced by Commissioner Plummer, who moved adoption. MOTION NO. 76-961 A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION THAT CITY EMPLOYEES BE GIVEN ONE-HALF DAY OFF ON DECEMBER 23, 1976 FOR THE PURPOSE OF ATTENDING CHRISTMAS PARTIES; SAID ABSENCE TO BE AT THE DISCRETION OF DEPARTMENT HEADS. Upon being seconded by Commissioner Gordon, the motion 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. DISCUSSION ITEM - SCHOOL RESOURCE OFFICER PROGRAMS was passed Mayor Ferre: I don't want to take up the commission's time but somewhere during the day I do want to discuss the Officer's T_'.esourcc "ro^rar one more time. And by the way, J. L., I've got an apology to make to you on a letter that went out and it was wrong and two of them went out but the rest of them were.... Mr. Plummer: How about the other 998? Mayor Ferre: No, they didn't go out. I caught them. I told Frank to stop all that and retype them all and I apologize to you publically here. That's never happened before it just went out that way. Mr. Plummer: Mr. Mayor, you and I have no problems, sir. You don't even have to apologize. Mayor Ferre: I've gotten literally hundreds and hundreds of letters on this thing and phone calls and people that are very upset about it. Mrs. Gordon: What are you talking about, Mr. Mayor? Mayor Ferre: Officer's Resource Program. We went down to see Ben Sheppard and you know... I think it is something that we really want to make sure that we're doing the right thing and I know we're tight on money but that happens to be a preventive type of police work which I think we'd really better make sure before we kill it. It's killed now but I want to make sure twice that we think about it before we do that. Somewhere in the day I'd like that to be discussed if it's agreeable with all of you and I don't know if you want to get the Chief down here or the head - I don't know who the head guy is in that operation but I'll leave it up to you. Mr. Plummer: Mr. Mayor, if you're going to discuss it, here again I want to make the record clear because these letters that are coming back says I'm against children and I'zn against this, that and the other thing which is not the case, I would ask your indulgence that I have stated all the way along that this is the OCT 2 8 1 7,i Sehrol Board's responsibility. And if I'm going to set up here and take the heat I Want Ben Sheppard or somebody from that School Board here because I honestly and truthfully feel that's where the financial funding has to come from, I've always Stated it and I want them to sit up here and I want theth to tell the public why they're not living up to their responsibility. Mrs. Gordon: I could ask a question on that score, d. L. because if in fact, they are providing it in the other cities or in the county and not to us that's a different story but they're not providing it anywhere and we want it for the safety of our own children that live in the city. I think that it falls on us to make sure that we get it and certainly we need their cooperation but we can't say then you pay for the whole thing for the City of Miami and don't do anything for the rest of the municipalities of the county. Mr. Plummer: Rose, when the School Board needed, it felt the need for a security system let me tell you what they did for the City of Miami. They went out and started their own security system. Now let me finish. I'm not arguing the point but what did they do to the City of Miami? They took almost 30 police officers from us by virtue of offering them $1,000 more than what we were paying then and you know what they were doing? They didn't want to have to put them through $13,000 worth of schooling. You told them last year very clear, Mr. Mayor, and I agreed with it. We'11 match you last year we told them dollar for dollar but next year you've got to pick it up. What did we get back from them? The same thing, and everything we do with the School Board - no money. Mayor Ferre: Now just hear me through for a second and I'll be very brief on 04 this. I think that we've got to look at this in this sense. Is the School Officer Resource Program an educational program or is it a crime prevention pro- gram? If it's education, if we're sending policemen out there to educate kids then I agree that the School System should take the full responsibility. But if on the other hand what the real purpose and as far as I'm concerned the real purpose is not to educate kids to like policemen, the real purpose is to have a rapport estab- lished between thousands of kids that are in this community and somebody that repre- sents the law. Now let me tell you how I feel about it. If you look at your statistics... If you look at your statistics here's what you're going to find out, Rose. The majority of crimes committed, and I don't see the Chief here but I see several members of the Police Department and I'm sure they can verify it, if you look at your statistics the majority of crimes in Miami are committed by young people. (2) The majority of crimes are committed by young people that are under the infouence of some kind of drug. (3) The majority of the crimes that are com- mitted are committed by young people in poverty areas be they black, Latin or what have you whether they be in gangs or breaking and entry. I'm not saying that rich 4114 people don't commit crimes and I'm not in any way saying that the middle class doesn't indulge in the same type of things and drugs and what have you but I am saying that the statistics of; the criminal statistics clearly indicate that our main problem in crime is with young people - teenagers. Now, if that's the case and if indeed we found out through the leadership of our Chief and the Fire Depart- ment that the best way to stop a fire is to prevent it and, therefore, half of our money goes into fire prevention - and we've all agreed. We've been through this so many times that what we ought to do is get into crime prevention just like we get into fire prevention. Now it seems to me that the best money spent is ahead before the crime is committed rather than after the crime is committed. That doesn't mean that I'm not for cracking somebody on the head and hauling him into jail and putting him away for 10 years or 5 years. Hey, I'm for strong law and order but what I'm saying is that I also feel we as a city have an obligation to try to work to prevent crime. And I think that crime is prevented when there is a rapport between these young people and somebody that represents authority. And I think that these officers get in there, and it isn't the cop or Officer Jones it's Bill if they're doing their job and I assume they're doing their job. And I think what happens is you get a personal relationship and there is a tremendous amount of information and knowledge and intelligence where if that officer is work- ing right in that school he can prevent crime from happening. Now I guarantee you that it is a lot more expensive to have to chase the criminal element after the crime has been committed and track him down and go through the hassle of courts and the whole thing. It is a lot more expensive than preventing it before hand. So... Mr. Plummer: Mr. Mayor, I couldn't agree with you more on everything that you have said except for the fact that it is not our funding problem. If I had a half a million dollars of surplus money, Mr. Mayor, I would vote for the School Resource Officer Program without question but I don't have that half a million dollars obviously the School Board doesn't either. And let me tell you one thing further, Mr. Mayor, let's put it right on top of the record. We right now, the City of Miami are funding to funding to almost $300,000. Now they're under the same 1O mill cap that we are, I think it is a great program but Mr. Mayor, we can't OCT 2 8 1978 afford it tf you look at the fact that right now that 5 to 6% is going to have to be cut froth your police budget because of serious funding problefis and you tell. that Manager he's got to go back and cut that budget another half a Million dol lars that's going to take policemen off the street and 1 think that's Where they needed first. Mrs. Gordon: J.L., I believe, and I just asked Mr. Grassie, that the School board is willing to fund their half. Is that correct? Mr. Plummer: After they have been completely brow beaten. Mrs. Gordon: But they're willing. Mr. Plummer: Sure, you know what they did. That was the greatest strategy in the world. They sent you a letter saying that they couldn't afford a dime because they were told this year they had to pick up the entire tab. That's great strat- egy. Mayor Ferre: J.L., let me insert one other thing. I'M all for after school work and I voted for it. Mr. Plummer: So did I. Mayor Ferre: Now I want to tell you that if we have to make a judgement here 1 think that the Officer Resource Program is more within the purview of the respon- sibility of the City of Miami Police Department than is After School Care. Now After School Care is great but that is really an educational process. That really belongs and should be funded by the School Board. Mrs. Gordon: Oh, Maurice, don't get me on that tangent again. I'm going to ask you whether you want me to cut my right arm or my left one off. Which one? Mayor Ferre: I realize that. Hey, I'm for both of them, Rose. Hey, I want you to cut both of them. I'm for both of them and I'm not going to reverse my vote so don't worry about that. I'm not going to reverse my vote but the point is that if we really said let's be just - justice, the Officer Resource Program is more within the purview of the responsibilities of the city in its police work than is after school activities which is really more in the purview of the educational process. So all I'm saying is I'm not going to cut the other program but I'm say- ing in a sense we've cut the wrong one. Mrs. Gordon: I don't think we should cut either one and I'm willing to move you that if the School Board comes.... Mayor Ferre: You can't do it, Rose, because you and I voted in the minority. The only person that can do that is the person who voted in the majority. They're the only ones that can bring it up again. It's dead right now, I'm just arguing the poing. Mrs. Gordon: Well then let me speak for it the same way you were speaking for it because as you said, and rightly so, it's a police matter. It's a protection matter, a crime prevention matter, truly a protection matter. I believe that if we'd had a School Resource Officer in that Miami Beach School when that little girl was being attacked perhaps there might not have been the disaster that occured. And that's simply because the kind of security system that was being supplied was not adequate, not trained well enough. We can't say that. We have trained men that we put there, men who know what to do and certainly she wouldn't have been hurt as badly if she had had someone there like the School Resource Officer to protect her. Mr. Plummer: Well Rose, I'm not going to attack motherhood in any way shape or form and especially a mother with no arms. But you know it is the same old story, Rose - if I had the money I have no objections but to take men off of the street and that's what it is going to do... Mrs. Gordon: I want to say something and I didn't intend to say it but I'm wonder- ing why, several times I have driven down streets and there's minor accidents and three police cars are there when there is a bent fender. Do you know what I'm trying to say? You know I'm not criticizing our department but I'm just wondering why we need police cars with a bent fender. I'd rather have some policeman out there watching how many thousands of children are in that school? Believe me I'd rather have that and two police cars with a bent fender. Ok? Mayor Ferre; Ok, Well look, I think we ail have d .scµased.this, world have OCT 2 8 1976 telt' that: I hadn Y t done My duty unless I had brought it up one mote time end hd l cannot make any motions. is there any further discussion or any M6tid ti this tttattot at this time? Alright, then we'll move along to IteM #1, s, Gordon: You're not closing the door on them, this.... Mr. Plummet: No, that is closing the door. Now I don't want this, because if you want to and you want to bring that back up I feel just strong about Civil Service, Mrs. Gordon: No, sir, I'm just saying let you keep the door open, You know Mayor Ferre: Well, the only ones that can open the door are the people who voted on the winning side. Mr. Plummer: That is called keep those cards and letters coining, friends. Mayor Ferre: No it doesn't, J. L. I think this is the end of it as far as I' concerned. Mrs. Gordon: I'm getting letters and cards too. They don't know who voted for it or against it. Mayor Ferre: We've got to be ruled here by the will of the majority and the majority has expressed an opinion and it is a controversial hot item. I felt the obligation to bring it up one more time, I will not bring it up again. Ok? 6► PROPOSED CIVIL SERVICE RULE CHANGE - RESIDENCY REQUIREMENT. Mayor Ferre: Who is going to speak to this item? Mr. Grassie: I will introduce the discussion, Mr. Mayor, if I may just by way of background. You remember that you received a recommendation from the Civil Service Board that the rules with regard to residency for city employment be changed from the present rule which states that applicants must be residents of the city to a rule which would make that residency cover the whole county of Dade. At that time you asked that the staff make a recommendation to you. What you have in front of you is rather than a recommendation a discussion item and the reason it is a dis- cussion item is that there are four possible positions that on which I would like an expression of opinion from this commission before we bring a recommendation to you. I think it is important that we know what you would like to accomplish with this policy before we make a recommendation on what the policy should be and in order to help that discussion what I would like to do is start by outlining what we see as at least the major alternatives that you should address yourselves to. The question of a residency requirement can serve at least any one of four pur- poses. The first purpose that occured to us was that you were attempting to serve an Affirmative Action purpose through the adoption of this residency requirement. In other words you felt that having residency restricted to the city might have a beneficial Affirmative Action purpose as far as city employment is concerned. Now if that is the objective I think that we need to make it specific. A second kind of an alternative that you could be wishing to achieve is the business of providing employment opportunities for citizens of the community. Now again, if that is the principal purpose we need to make that clear to the staff. A third kind of objective that you may have wanted to achieve or which should enter into your considerations is whether or not a residency requirement has anything to do with the business of securing the best qualified applicants for city employment. You know is that a consideration that you want to have be important in the policy that we adopt. And a fourth question which needs to be addressed by you is whether or not it is your objective that City employees live in the City, that their resi- dence be in the City when they are City employees as against what the policy now says which is that they have to be residents in order to apply for work. The difference that I"m making here is that it is one thing to require that they be residents before they apply, it is another thing to say that they must be resi- dents of the City within 6 months, for example, of getting a City job. Now I wanted to outline those four points because I think it is important that this policy body decide what purpose we want to serve and once you decide what purpose is to be served, then I think that we can bring to you a well reasoned policy to accomplish that purpose. Mrs. Gordon: Well which is your recommendation? Mayor Terre; Would you repeat the four points in summary form now, 1, 3 OCT 2 8 1976 Mr. GtaSsiet Yes, The first PutpoSe that could be served Was AffitffiatiVe Adti9n; the second purpose that could be served was atployMent opportunity, eXpanh Ofsio - eMploYMent opportunity fot citizens; the third purpose which could be served Was eating the best qualified employees without regard to any othet consideratioha; and the fourth question was whether or not the residency objective had to do With applicants or whether it had to do with employees. In other words, is it your purpose that employees live within the City as against... Mrs. Gordon: How does that rule state now? Is it that an applicant must be? Mr. Grassie: Yes and I believe the rule states that you must... Mrs. Gordon: Only applicants. Mr. Grassie: Yes, and I believe the rule says... Mayor Ferre: I'd like to express my opinion on this thing and you know this is a matter that we're all concerned with and we've all thought a great deal about and we've been living with this for many, many years and going back and forth. I would like to say that I think it is unrealistic to conclude that we can only hire from within the City of Miami because by so doing you are precluding an awful lot of capable people that live within the community, greater Miami communi- ty from applying and therefore you may be limiting your market and if I'm going to go buy an automobile, I want the ability to choose from 15 or 20 models rather than choose from 2 or 3 and obviously that's one point. The second point is from the minority point of view and with this I disagree with my good friend Charlie Hadley that it doesn't necessarily follow that if you limit it to the City of Miami that you'll be getting more blacks and latins because the fact that we have or have not gotten blacks or latins, I don't really think has anything to do with that. It answers other pressure points and reasons even though that may be a factor but certainly in my opinion is not the determining factor. On the other hand, in both the black and latin community, the majority of blacks and latins that are able to improve their condition have traditionally, like everybody else throughout America, moved out of the urban corp area and moved in the outlying areas. That doesn't mean that they become wealthy people but I think those that can move out of the poor area and go out to Opa-Locka, for example, well I'll give you a classic case, Jessie McCrary. I've been to his home and he has a very nice home and he lives in the - why did he do that? Well because he couldn't find the same home within the City unfortunately so he moved to a better community so it isn't just a white flight or the suburbs, it's a matter of everybody doing that including, if you look at the demographic studies in the latin community, you will see that the moment that the latin that lives in the sou-. west section of Miami and 8th street can move out to Westchester, he does. Why? Because the houses out in Westchester are alot nicer than those 40 and 50 year old wood houses in Little Havana. It's human nature. So I think that we've got to take that into consideration. Now with regards to the best qualified. I think it's nieve to assume that we're going to put all of the City into one category. For example, it's one thing, and I"m not in any way, those of you that are going to listen to this, don't feel that I'm in any way casting a disperaging remark on any job in the City of Miami. You know, one time the Laborer's Union used to be called the Common Laborers and I remember we used to call them Common Laborers and I guess it was Joe Cail, one time when I was in a discussion with him and I said well, the Common Laborers and he said hey, hey, we're the Laborers, there is no such thing as Common Laborers, we're Laborers. There is dignity in any work that a man does but it had always been called and the Union itself was called the Common Laborers Union. No more, it's now called the Laborers Union. I think there is a lesson in that and the lesson is that you don't, we're all equals, really, and whether a man is a nuclear physicist or is a carpenter, I think there is equal dignity in both jobs. But I think that if you're going to say, if you want to limit your market, let's say for a computer expert and you say he has to live within Miami, I don't know how many computer experts there are that live within the City of Miami and if you say you want a technician of some kind which is an urban planner, for example, you know, we may have people that live throughout the state or in other parts, and I'm concerned. You follow me? In other words, what I'm trying to say is that I think we've got to distinguish in the category that we're talking about because otherwise you get yourself trapped and I'm not talking about Joe Grassie bringing in people from Grand Rapids because that's got nothing to do with this. That's within his perview of his authority and the people he appoints. I'm talking about Civil Service jobs, I'm talking about jobs that are Civil Service and what I'm saying is that when you get into specialty items, you might need to expand and therefore I would not make a broard category and say everybody has got to live in the City of Miami, everybody has got to come from Dade County. There is one last thing that I want to say and then I'll sum it up, There were some very OCT 2 8 197E good tatin candidates for the police department that were out c tit4 yoli teMefber the specifics of that? There were several good, top candidatee for the 'olive Department that were up at the top of the list and they got into the adadeTy and after they checked them out they found out that they really didn't liVe if the City, they just used a City address. Mt, Plummer: There were 4 bailed out. Mayor Ferre: And they were just great kids that would have made good policemen and we lost them and that was unfortunate so there it worked against the minorities. Alright, here's what I'm saying. One, I think that we ought to establish categories and in some categories I think we ought to live within the City of Miami and in some categories I think we ought to say that they come from the Dade County commu- nity and in some categories I don't think we should have any qualifications. That's number one. Number two, I think with regards to residency that it would be, I personally believe like many other cities around the country that people who work for the City of Miami ought to love the City of Miami enough to live in it as a matter of principle but there's a problem in that and what the problem is, it's a problem that Joe Grassie confronted and that, that fellow that just left us from the Finance Department, what's his name? Mr. Grassie: Supensky. Mayor Ferre: Supensky. Alright, he confronted that problem and that is, he couldn't find a house. It's the same problem as Jessie McCrary confronted. I asked him, why don't you live in Miami and he said, well I can't find as good a house. And I want to tell you something and I'm in the construction material business, one of the reasons why the people are leaving and going to Broward County, and I will make a blanket point statement to you, you cannot buy a house anywhere in Miami for $30,000.00, they don't exist but they do exist in Davey and in Hollywood, West Hollywood and that's why people are moving up there. That's one of the reasons why they're moving up there because they can't afford to live in Miami. Now what, in effect, I'm saying is that I think we ought to have some kind of a residency requirement but here's the way I'd like to do that and this is just my recommendation. You can't force the old employees to conform at this time because I think that would be placing and unfair burden but I do think that from now on, any new employee, we ought to require that within a 6 month period they live in the City of Miami as a requirement for employment and it will take us maybe 10 or 15 years to have everybody live in the City but I guarantee that if we had all 4,000 of our employees living in the City, we'd have a healthier and stronger City. Mrs. Gordon: Maurice, may I speak to your total package of ideas and tell you what I think about the requirement as stated that when application is made you must live in the City. I think that if that were the case, we would quite possi- bly engage someone whose residence is within the City and after engagement, move, after being hired, move out to some other place. Personally, I'm in the real estate business and I think I have a close acquaintanceship with the availability of housing in the City of Miami and I could tell you that as of now, it's virtually impossible to find a decent place to live at a reasonable rental or even a reasonable purchase price so we're placing, in my opinion, at this point in time, an unfair restriction upon our employees if we say that within 6 months they must live within the City. They probably won't find a decent place to live in the 6 month period of time. I don't think we can do that. Mr. Plummer: Mr. Grassie, I think that there is one area, you gave four alterna- tives I think or four what you want to call them and however you want to call them. But you know, the City of Miami Beach has let's say a fifth alternative which was not mentioned here and I brought this up during the Consent Decree and I still feel that it has good creedence and I"m not smart enough to sit back and derive the figures, that's what you and your high-priced help are for, but what I'm saying is they give a bonus, a percentage, for those people who live in the City of Miami Beach. In other words, in the same way we give Veterans points, we give 5 points I believe. Is it 5 points, Pat? Ten points for Veterans, they get a 10 point preference on Veterans. Now I see nothing wrong, 5 or whatever it is, it's immaterial but there are preference points given and the City of Miami Beach, as I understand, for years had given a preference point to people who actually reside on the Beach. So I think there is a fifth alternative. Mrs. Gordon: I think that's a good suggestion. Mr. Grassie; Could I distinguish between objectives, that 3.s, what do you want to accomplish which is what I was trying to outline, the four things that you OCT 2 8 1976 id ,possibly have accomplished and the question of how you impleftteht the t4 'obld haste a different kind of response to the way we implement it Mayor Ferret Alright, Mr. Manager, let's see if Father Gibson and Reboso Wait to t tPress their opinions on this. keit, Gibson: Mr. Mayor, I've lived in Miami for 31 years and I ain, I want to speak to that aspect of Jessie McCrary. I was born and bred in Miami and I've never been ashamed of Miami, if you're good I'll live with it and if you're bad I'll live With it. My goal is to try to make Miami the best place in the world to live. When I got ready to build a house, I have a house under construction and I have to take about 3 or $4,000 and finish it but I wouldn't finish it because when I finish it, I must either rent it or move in it so I want to avoid that, I know that much. So I went to work and I decided to build the home that I plan to spend the rest of my life within the City of Miami. If all of the good people, well intended people moved, then you're in trouble. I'll tell you something else. If this City is good enough to pay your salary, it ought to be pretty good enough to stay in it. Certain of the people would have more loyalty to this City, certain of them would have more loyalty. Let me tell you this. If you said to a man, you have to live in the City of Miami to hold that job, you know what? A hell of alot of people would start living in Miami. I'll tell you what I discover. When I Was getting ready to build that house, one of the first things that Plummer said to me was that you aren't building , are you? I said why and he said well you can't stay on the Commission if you're living in the County. You remember that? I said no man, I'm building on Franklin Avenue, the same street we talked about yesterday by the scenic thing, you know what I mean? And you know what? I go to bed with every confidence of waking up the next morning undisturbed unless the Lord doesn't let me get up. Mr. Plummer: That's because you built it next to a cemetary. Rev. Gibson: Well fine, if that's what it takes then we're going to have alot of cemetaries. But I don't live there now, I live on the corner of Williams and Elizabeth and you know what? Like alot of clergymen have said, I don't have the problem. I think some of our problems were created because we don't develop relationships. You would be surprised to know that I could any day leave and go out of. town, I did Monday and came back Tuesday night. I never have to worry about who's going to break in and all of that jazz. That's not saying that they don't break in around there but I just want to point out that we have a responsibility and when we do what I think some of these people want to do, we then say okay, the houses are run-down. I want to tell you that the land I'm building on once had a house on it. The woman who owned it willed it to the Church, the Church sold it and I bought it back and they didn't sell it to me, okay? I had that much faith in this City. You and I are going to have to develop that kind of faith in the City of Miami and we're going to have to get rid of this cock-and-bull story but you know, we go on the outside of the limits of the City of Miami and we can get a better place to live and it's cheaper, that's hogwash. Let me tell you what happened, let me point out something. The City of Miami owned the water system, you know, that's part of your talk. Everybody who went out of the County wanted City water. They want all the services of the City but they don't want to stay in the City. We have one of the best Fire Departments. when we go to the electorate. Man, right away the Fire Department makes that call. Beautiful, we boast about our police service. Let me tell you about the County. I have a home in the County that my mother lives in, she has a lifetime estate. Man, it takes you days to get any response from the Sheriff Department from the Public Safety Director for the County. Okay, don't tell me that jive you're all talking about, you know, I say if you love this Miami and I'm a native, man show your love, show your love. Not only show some love, show some faith. Let me add some stuff. You know, who was it, Robert King High, used to say some true things. Alot of you who are here didn't know him, you newcomers. Robert King High used to say some sure true things. I hope I don't have to tell you what they were. I hope I don't have to tell you all what they were and I'm concerned. For instance, if some of the people who worked for the City lived in the City, they would protect the City in many ways whether it's police or fire or some of the others with more loyalty and devotion. If you preach in a church and you don't have loyalty and devotion, I can talk about preaching, I can't talk about these other things. If you preach and you don't have loyalty and devotion, you can forget it. Mr. Manager, I hope when you come back with your recommendation you take into consideration what I said and I want you to know when this matter came up just at the time you were coming, I asked the Commission, now take this up. That you be given up an opportunity to take a second look because you're going to have to deal with this factor of affirmative action and I'm not going to sit on this Commission much longer and be as nice and polite and we aren't getting OCT 2 8 1976 • by affiri'ttative action. Black people have taken it in their neck and every'whe of ail these years and it's about time Man you all give me SOMe suoceSS aid rift ' lways I'm on the short end. Mayor Verret Alright, Commissioner Reboso. Mt, Reboso: Mr. Mayor, of the four points outlined by the City Manager, it might have been the most important one is the affirmative action, number one. 2 think the City Commission should do everything possible to implement the affirmative action. We have been talking for months, we have been doing nothing and I thine the residence requirement should stay in the City because it's the only way going to make any advance. Mrs. Gordon: Wait a minute. Let's clarify. Are we going to say just applications, are we going to say they have to stay and reside and when they leave the residency requirements of the City, they're going to lose their job. Which way are we going to do it. Mayor Ferre: Well that's what we're talking about. Mr. Plummer: And I hope also, when I go out on the streets tonight and the rumors have already hit, address, even though I hope I know the answer, of those people presently working for the City who are not living in the City of Miami that we're not going to in any way force those who are already on the payroll to move back into the City of Miami. Mayor Ferre: No, no... Mr. Plummer: Okay, I just want it clarified. Rev. Gibson: I just want to make sure everybody understands. My passion didn't deal with that. My passion deals with momentarily, right now, not tomorrow, right now. Mr. Plummer: If it's not discussed, I'm going to go downtown tonight and I'm going to be hit and besieged by all kinds of City employees that we're going to make them move back into the City. So I just want to put it on the top of the table and clarify the issue that there's no discussion, as I This dersttand it,a newt present emplentey. employees having to move back into the City. only pertains to Mayor Ferre: Now we're not through with discussing that. Mr. Plummer: You might not be. Mayor Ferre: Well I may not be. That may be fair game for discussion and I'm not saying that... As far as I'm concerned, as Chairman of this Board right now, everything is open for discussion. Mr. Plummer: Okay, I apologize, you're right, it's open for discussion. Mayor Ferre: Okay. You want to add something, Miss Skubish? Ms. Pat Skubish: I want to ask a question, Mr. Mayor. Mr. Mayor and members of the Commission, my name is Pat Skubish. Maybe my question should be directed to Mr. Knox. Can the Mayor, if he wanted to, make it mandatory that all City employees live in the City. Mayor Ferre: No, the Mayor can't do anything. Ms. Skubish: Can the Commission? Mr. Knox: Yes. Ms. Skubish: They can make it mandatory if they slanted Mr. Knox: Right. MS. Skubish: Reverend Gibson, my husband and myself have been looking for a home new for about a year and I wanted to live in the City, I really did and I have champagne taste and a beer pocketbook when it comes to the City of Miami because I have really been looking for a home and I want to tell you, the members of this Commission, that we have tried for almost a year and it's almost impossible, 11 OCT 281976 kev. Gibson: Well let inc answer you, i am sure that it's far snore difficult for a black to find a decent home than it is for a white: You know, you could tell alot of these people around here that story but 60 years is a long tinge to watch a community and stay in it and I happen to know that if the will is there, like Sidney Ronovich used to say, there is always a way. We conviently not find, okay? Well I started to give you an incident but look, I have a passion about it, I want you to know that. I have some real strong gut reaction about whether you live in the City and work for the City from now on in. Ms. Skubish: From now on but you're not saying about the employees that are working. Rev. Gibson: I'm not dealing with the employees, that's another story. I feel that when the Manager develops a policy, from here on in that ought to be a con* sideration. You can't eat your cake and have it to. There is no reason why have to pay all the taxes and go through all of the jogging and if you say that1 I cannot be on this Commission unless I live in the City of Miami, there ought to be some consideration about whether Mrs. Gordon: Can I ask you a question for clarification? You're pretty strong about your feelings. Are you also referring to the Manager's staff? Rev. Gibson: The Manager's staff is in a different category. Let me tell you "something. You know... Mrs. Gordon: Oh no, I'm sorry. Rev. Gibson: Wait a minute. You know what is wrong with our Commission? Our Commission has not really, I don't think, adequately taken time to understand this government. This is it. That Manager has a right to bring his staff because you hold him responsible. He has to get men and women that he, the Manager, trusts and has confidence in. Now that's not true with these other jobs. Mrs. Gordon: Father, don't misunderstand my question. My question was, when they come on Board, do they have to live in the City? Rev. Gibson: No man, listen. Listen, you know what? We fire Managers daily. I'll tell you one thing. The doggone reason you all are fighting about the Civil Service thing is to make sure we don't fire anybody in Civil Service. Isn't that right? Sure! But we could say to the Manager, "Mr. Manager, we don't like you no more." And you know what happens? He's a goner man, he doesn't even have a hill. Mr. Plummer: Yes he does. Rev. Gibson: Well, you know. Mr. Plummer: I agree. Mrs. Gordon: But you still didn't answer my question. My question' Rev. Gibson: I'm not dealing with the Manager's staff, that's his. to the Manager's staff as free for all. Mrs. Gordon: Okay, now I want to bring out a very valid point that we're over- looking. You're dealing then with not the high priced employees who will receive the highest amount of money who can afford to buy a house in a nice area. Perhaps not N.E. 2nd Avenue type of area but an area that is fairly decent and we are addressing ourselves to those employees who are what we would call "middle income" and there is no decent middle income housing in the City of Miami and I can tell you that for a fact. If there is a house it's gobbled up so fast you wouldn't even see it. There just isn't any housing. If, in fact, we're able to pass amendment forth which will then permit us to redevelop bad areas with tax abatements or tax deferments, perhaps you'll get someplace where people can afford to live but at this point in time there isn't any place where middle income people car. get a place to live. It's just that way and you can take it from me, I've had 25 years of experience in the field of real estate and appraising and I can tell you that that's the way conditions are. Mayor Ferre: Look, it's 11:10 and I'm going to call a stop to this unless I'tn overridden in about 5 or 10 minutes so make your statements quick and please lets try not to repeat what's already been said and Let's move along, I've taken OCT 2 8 1976 Mt, PlUMMdr, Ali ri ht , I want to speak to the point that Father and Rosa have just been debating. I have never varied in my pbsitio n as tO wanting first and far most local. people. I will always be that way. But the point that t want to make is this and I congratulate Mt. Grassie for making it a point to buy in the City of Miami. Mr. XnC,X gave me the assurance in my interview with him that he would move into the City of Miami. But Father. i think you're missing a point and that point is this and I've heard you make this statement time and time again. By God if it doesn't start at the top its never going to filter down. I think that the most important point if they're going to set the example then by God let them set the example. And. all I'm saying to you is this the charter says I got to live in the City of Miami. The next thing you're going to say to me is well, let's ... these five people sitting up here aren't all that good, let's get some Commissioners that live out in the county and put them up here. Now, I say to you that my strong feeling is very simple. If a rule is fair it's fair to everybody. And, if you're going to set the example and you expect the rest to follow. by God it's got to start at the top. I agree with that and I think that, that same rule should apply to us, to him all the way down the line. Father Gibson: I'll buy that. Mrs. Gordon: And. due respects to Mr. Grassie. I can assure you because when he first came into town. he asked me, you think I'll find a house in Miami? And, he finally did after a long search. he found a house in Miami, but it wasn't easy. was it Mr. Grassie? Mayor Ferre: All right,now we have Gene Naples who wants to make a statement. Mr. Gene Naples: Yes. Mr. Mayor, I've set here a many times and listened to some of your little stories and philosophies and your speaking of different things that you said or you've heard or read and Father Gibson with your indulgence I'd like to relate to you -a little thing that happened to me when I was a boy. As a young boy gpI' always had some kind of a job after school and on weekends. And, one of my jobs was at Passover I worked for an old man who was the custodian of the local synagogue and my job was to go out and deliver the matzohs after he had taken the orders. And, old man Gross and I'll never forget him and God Bless Him,taught me an awful lot. One of the things I think he taught me when I was quite young, two of the things he had some very, very definite philosophies about two things one of them was that everything that ever happens to you in your life is relative to whether you're buying or selling. The second thing was that when I used to take my money to him after I delivered the orders and collected I would take the money and I would count it out to him and I would count it towards him and it almost broke his heart. He grabbed my hand and he said, my body you never count money away from you. you always pull it towards you. What I'm trying to day on the buying or selling thing is I think its something that really would have bearing on what we're talking about here. Mayor Ferre: No, that's a good story, can I borrow that? I like that alot that's a good story. Mr. Naples: Anyhow. what I'm really trying to say is ... to give you any example when I came to work for the city I had lived in the City of Miami. I moved out of the city, matter of fact, just prior to cotaing.to work for the city. At that time the city couldn't find anybody in the city limits that wanted to be a firefighter and probably a police officer tbo at that time as I recall. I came to work for the city under a waiver because it was necessary for the city to go elsewhere apparently to get people that they wanted or needed or people who wanted to come to work in certain categories and of course that has m ntinued to be the case in many cases. So when I came to work for the City of OCT 2 b 19/o as 1 say I came under a waiver. T think it would be an undue ardahip for me particularly to have to find residency in the City of C .afii With the investment that I've made over the years where I live. OW. at budget hearing time the question was brought home many. Ctlany' times that 25% of the money that comes to this city for its budget ofes from ad valorem taxes. i don't know whether the point was brought Up at that time.I think it was. that of this other 75% I would suggest to you that much of that money comes in from areas other than the city could also say to you that while I live out of the city that i would say that probably 75% of what I buy comes from the city or from areas Other than in the municipality in which I live. I think what you're Saying and it seems to me that you're sneaking more to classifications within civil service that you're i.mrlying that should live in the city, Where some of these other categories that isn't quite so and particularly Mr. Gra2i.e's area of bringing reorle from out-of-town. I really have no real argument with that because we're trying to get the best people. Which I think would strengthen the argument. Not only in that particular Category but in many others that is going to be depending on the need of the city, really as to where those people should come from. And. I think its a valid ro ant-.. The financial hardship that I'm speak- ing to of city employees and some of our minorities who have since have been on the job have moved out of the city. You know, whether there anything that goes along with that in what Rev. Gibson had to say, you know I'm not sure. but the fact of the matter is that thes people who are .are younger people who are looking for a place and want to improve the quality of their life have had to go elsewhere in many cases for that very reason. So these people aren't starting out with $25,000 they can flop down on a down rayment on the house that they would like to have in the City of Miami and are able to do that in some other areas of the county. The six months after hiring thing and the Affirm- ative Action Program you speak too. Mr. Mayor. when we had our Affirm- ative Action Program in the past few years the one that are local and cooperation with the city and with the Department of Labor conducted. This last year we had a -- well we took the requirement by the Civil Service and only took people within the city limits. We found out that was a real problem in spite of the fact that the ceorle we were trying to get and the whole concept of employing within the city didn't quite work out the way we thought too. I just thought I'd br'ng that to your attention for whatever good it is and you can certainly use my story Mr. Mayor. Mayor Ferre: Its a good story and I used it. Thank you for your comments. All right, Mr. Grassie we're running out of time again and I would like for you now to recap, sum up, sensitize, and give us in brief form your recommendation and then we'll see what the Commission wants to do. Mr. Grassie: Well as I understand Mr. Mayor the positions that hove been expressed by the City Commission are these: Commissioner Reboso has expressed a preference for objective #1. which has to do with the Affirmative Action. Commissioner Gibson has expressed a preference for what I listed as # 4 which is residence within the city. As far as I know the other Commissioners have expressed pci nts of view but not necessarily taken a position on any one ... Mayor Ferre: That good for the synthesis now tell us your recommendation Mr. Grassie: What I was looking for Mr. Mayor was to get a policy direction from this City Commission so that I --- Mayor Ferre: You're going to get one. We're asking for your recommendation before we do that Mr. Manager. As Father Gibson says you're got to live with this problem as the Manager. We want your recommendation. I'm perfectly willing. i mean I've got an opinion and I'm terfectly willing to make a statement policy and make a motion out of it if nobody else does, but I, before doing that would like your `,4 4'* u 1, l f'J/6 redo t tendation,. Gfassie: Apparently, I'm not being very clear with yoU. Mayor Ferre: Yes, you've been very clear. You've outlined RAW areas and you've asked nolicy from the City of Miami and the City of Miami Commission is going to give you policy hopefully in a little while. Before we do that we want your orinion. Mr. Grassie• With regard to what we should do? Mayor Ferre: That's correct with all four points that you've out, - lined and the problem area, what in your orinion is the best thing in your experience and background in this area should the City of Miami at this juncture do, that's the question? Mr. Grassier A11 right. I'll try and answer those ... I'll try and address each one of the four alternatives that I've outlined for you. With regard to Affirmative Action, I think that the residency requirement is not the most affective way of achieving Affirmative Action. I think that we have to do a whole complex of things which will achieve affirmative action and residency is not cheap among the t hings that will affect that policy. With regard to offering employ- ment opportunities, I don't think that this particular policy has a major role to play in terms of offering employment opportunities to citizens in our community. It is a factor, but probably is a minority kind of a factor in terms of employment. With regard to the best qualified employees, I think that the categorizing of employment such as, you have briefly outlined probably makes some sense for any kind of job you have national, regional, state-wide metropolitan or city kinds of labor �rkets that you would address and I think that approach of categorizing kinds of employment the city has is a reasonable one and I would certainly recommend it. On the question of making living within the city,an objective of the city, I think that. I happen to believe personally that, that makes a lot of sense. But putting my own personal feeling aside, I think that we have to ask ourselves what again are we trying to achieve and the national experience particularly in the case of police and fire positions had tended toward a requirement for city residence of police and fire personnel because of the peculiar- ities of their work. Because of the public safety nature of their work. Now, that has not been terms of general national experience. It has not been as true in the case of secretarial positions for example. So what I'm saying on this last point is that I think that we need to have more of an expression from you as to whether or not their is a public interest to be served by requiring that employees live within the city. I think that the position point that Commissioner Gordon made which was as I understood it, that there is a real money penalty involved in the process probably is true. That doesn't mean that it is overridding. It simply means that it is a consideration when you seek employees. So, on the laa:point. I think that we need to have more discussion from you with regard to whether or not there is a public purpose to be served by making this a specific requirement and a continuing requirement of this city. Mayor Ferret A11 right, at this point then, in view of what you said and what everybody in this Commission has said. I'll like to offer the following motion which I hope will satisfy everybody. if it doesn't then I will be happy to break it into three or four motions and then we can vote on each one separately. Let me express my view and Rose I pass the gavel to you and I make the following motion. (1) The City Commission go on record with regards to residency require- ments for employment purposes that the Manager come back with a recommend-, ed listed categories breaking down the difficulty or the availability f that market.into whatever, 3 4, or 5 categories might be appropriate txom most ciirticult to least difficulty, OCT 2 8 197E Pot example. I would examine that secretarial work should be easily Satisfied from within the City of Miami, 1 think computer exTerts wtiild be more difficulty and that: would probably be in another dategory, so thats number one in the motion. (2) That the recruiting 'of view employees be under this categoring tied to that and expanded So that in certain categories it would be limited to the City of Miami it others it would be Dade County and in others it would be no fesidency requirements at all. To be discussed after you submit the list with your recommendations. (3) With regard to residency, after the fact I would recommend that on new employees, new employees be given one (1) year to move within the City of Miami. That all hew employees be under a requirement which they would accept in writing that within the period of one (1) year they would fond suitable housing in the city and live in the city. With regards to old employ- ees or existing employees. I would like to leave that as an open Matter and like to recommend that the Manager also make a study of exactly where the majority or the $4,500 employees in the City of Miami live and come up with a recommendation. for example we might be able to do something like this over a longer period of time. That would be say, the next five years. something like that and I think that might give ample opportunity for the older employees to be thinking in the direction of moving into the city and disposing of whatever houses they have over that period of time. so that it would not be an immediately and pending thing and that of course, recognizing that a future commission could change that, but on the other hand a future commission could change anything, including residency require- ments and anything else.. I make that in the form of a motion, which I think. encompasses the majority of the things covered this morning. Mrs Gordon: Is the motion clearly understand, and is there a second? Mr. Reboso: Mrs. Vice -Mayor, I think it accomplishes everything that everybody spoke about. Mayor Ferre: I would like to make a statement so we all understand. I'm not trying to impose my will here. because I have a different view of this. I would be a little stronger in some of these categories. I'm.trying too. kind of bring together the statemens that have all bee` made here today. Now, if you have any objections to any of these things tell me and I'll be happy to consider amending this. I'm trying to get the ball rolling. Rev. Gibson: Mr. Mayor. I would go for all of them only because in my mind I think that if a man already has his home i^ the county and living there as much I want him to come I feel like maybe I would rather say beginning right now over against bothering those who are already ... Mayor Ferre: That's why I separated, (1) the new ones, and (2) the old ones. Rev. Gibson: I coold support all but that ... I'm only concerned that, look man, you know that this is what we want you tc•do when you get that job. If you don't want that then you know don't take this job. Mayor Ferre: All right in the interest of unity here. I will withdraw that last portion of this motion so that. Mrs. Gordon: Will you please repeat your entire motion? Mayor Ferre: I will.in a second. I'm saying that I will remove that Now. Father, I don't want you to misunderstand. I will then make a separate motion for that specific item and then everybody can vote for or against. Now are there any other areas that anybody disagreed. • • OCT ti 8 1976 Mfa p4unmet: Pot clarification, you're stating that a view ehp16yet. Who ha to dove within the City within a year. Mayor Ferre: after he's hired. Mr. Piut mer: After he's hired. Now ate you alse viftg t am,sm t)9 3 is just orclarificationare you also going to require that sere employee that he must remain living in the dity? Mayor Ferre: Yes. Mr. Plummer. If he moves out then that would teiitlinate his etp1oy� ment. Mayor Ferre: Yes. I think that's important because otherwise it would be a subterfuge you'd move in and move out in two months. Mr. Plummer. Well, that's what you've got now. Mayor Ferro: All right, let me repeat my motion. (1) That the Manager come back with a specific recommendation categorizing types of employees into groups, 1.2,3,4.5, I'll leave that open to him. r.. And, that the thrust of that would be the difficulty of the job and •• the acquiring of the services of that employee from within the city with the idea that whenever possible to give preference to the city. (2) In that sense that all new city employees be specifically categor- ized. Some will have to be recruited from within the city depending upon that category. Some within Dade County and some without any qualifications at all. And, that we will agree upon in the future we may have a disagreement. The Manager for example, may come back and say rolicemen have to come from within the city. We may say no we want to do it for Dade County. He may say Lab Technicians should come without any restrictions. We may say no, lab technician ought to come from within the city or the county, that's something that we can argue about in the future. once he comes up with his recommended list. (3). With regards to the residency of new employees, that new employees be required to live and remain living within the City of Miami as long as they are employees of the city within one year after they have been hired. That gives them a year to find suitable home and dispose of whatever home they may have and thats the motion I so move and its been seconded by Commissioner Reboso. Does that cover it Mr. Grassie? Mr. Grassie: I believe so Mr. Mayor, one point of clarification. In the first part of your motion,you said that the categorization of jobs should.. be by difficulty. Would you allow us to interpret that to mean difficulty of recruitment. Mayor Ferre: Yes, of course that's what I mean. Mr. Grassie: We're talking about the natural labor market is, where you naturally draw people ... Mayor Ferre: You know. for example. that computer over in the Police Department, you know, that may require some technical knowledge that just is not, in the cement plant, I've got a problem with the chains and the keel,well there's nobody in Florida that I can get to come in and fix those chains, I've got to go up to Milwaukee to get that person. Because thats where.. I've got to get from from that fellow Smith. Mr. Plummer: You can't afford the luxury of the city to pay $300.000 to Booz-Allen to train one of your peoplethat's what you're saying, And, thats what the city did. 0 OCT 2 8 1976 Mrs Gordoh: We had a motion and a second. Now let's have some discussion if ,any. Any discussion? Ok. Call the roll, The following motion was introduced by Mayor Ferre, who Moved its adoptioht MOTION NO, 76-962 A MOT/ON I5ECLARING THE POLICY OF THE CITY COMMISSION AMMO TO RESIDENCY REQUIREMENT FOR CITY EMPLOY- M$NT AS FOLLOWS: 1. INSTRUCTED THE CITY MANAGER TO PREPARE AND PRESENT TO THE CITY COMMISSION A LIST OF JOB CATEGORIES BASED ON RELATIVE DIFFICULTY IN THE RECRUITMENT PROCESS, RANGING FROM LEAST DIF- FICULT TO RECRUIT TO MOST DIFFICULT TO RECRUIT. THAT IN THE RECRUITMENT OF FUTURE EMPLOYEES, ANI) TAKING INTO CONSIDERATION THE ABOVE -ESTABLISHED CATEGORIES OF DIFFICULTY IN RECRUITMENT, THE SELECTION OF EMPLOYEES BE DISTRIBUTED THUS: FIRST, SELECTION OF EMPLOYEES FROM WITHIN THE CITY LIMITS: SECOND, FROM WITHIN DADE COUNTY LIMITS; THIRD, FROM WITHIN THE STATE LIMITS; AND FOURTH, NO RESIDENCY REQUIREMENT. THAT ALL FUTURE NEW EMPLOYEES OF THE CITY BE GIVEN A' PERIOD OF ONE (1) YEAR TO ESTABLISH RESIDENCY WITHIN THE CITY LI:ITS AND AGREE TO REMAIN LIVING WITHIN THE CITY LIMITS DURING THE TENURE OF THEIR EMPLOYMENT WITH THE CITY. Upon being seconded by Commissioner Rebos o, the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: Mr. Plummer, and Vice -Mayor Gordon. ABSENT: None. Mayor Ferre: All right. now I make a motion with regards to old employees, that the City of Miami go on record that all employees of the City of Miami will live within the City of Miami within (5) years after this resolution is adopted as a matter of policy. That gives all the employees (5) years or a future commission to reverse that if they wish to or extend it. But I think it sets, it just sets the philosophical tone. I recognize that its a meanless motion and I know that. It doesn't mean anything. But it just sets the idea that we in this city want our employees to live within the city. Now, I know that it will probably be am ended,changed,altered, extended. expanded. grandfathered, and, etc. At least it expresses the opinion of this commission that, thats the eventually goal. We don't want to create hardships for anybody immediately, but I think five years is plenty of warning time, that this commission anyway goes on record saying, ok, ladies and gentlemen, we want within (5) years all of our employees to live in the city. Mrs. Gordon: Is there a second to that motion? On discussion. its a related five. And, I have to ask a question of Mr. Grassie, this Motion addresses to future residency requirements of present employees to take place within (5) years. The question is for information. When you bid for anything with regard to purchasing products or services for the city, do you restrict that to City of Miami only firms? Mr. Grassie: Not under your current... Mayor Ferre: Now, I'd like to remind that, thats not the eaSe. personally ... Mr. Grassie, when I was on this commission as a Commissioner when I was Commissioner Ferre, I made a motion and it passed unanimously and its a matter of record and I don't think its iever been reversed, That in all procedures the City of Miami first OCT :% r; 13/6 give preference to Miami firms and :roducts,secondly to Dade County firms and products. Thirdly, to Florida firms and products, fourthly, to Atttetican Firms and products and lastly to Foreign Firms and products in that order. That's a matter of record. Mr. Grassier Mr. Grimm tells me that. that is still •on the books Mr. Mayor. I believe that Commissioner Gordon's question was do we restrict and I think the answer is no we do not restrict bitters to the City of Miami, but I trust that the intent of theCity Commission is expressed in your past resolution is being carried. I frankly can't guarantee that but I trust that it is being carried out. Mrs. Gordon: Mr. Grimm can you answer that? Mr. Grimm: I can guarantee that the resolution that this Commission passed is included bound in every contract that the city award. I can't guarantee that for small purchase orders Mr. Mayor but it is in every contract. Mayor Ferre: Its not exclusive. It doesn't say nobody but Miami firm. But it says his rreference will be given•first to Miami firms secondly, to Dade. third, to the County, fourth, the country. Mr. Grimm: The exact resolution is included as tart of the document. Mr. Plummer• I think that the City of New York, if I'm not mistaken has on their books within 10% it goes to a local company. Mrs. Gordon: To me that is a very important fascit of what you're attempting toaccomrlish today. Probably more imrortant than anything else as I can see it. If you're trying to bring people back into living in the City of Miami which is what you're trying to do. I want who are delivering services and goods to be in the city and pay our taxes too. Mayor Ferre: I agree. Mrs. Gordon: We'll look into that further afterward. Mayor Ferre: In closing let me quote none other than Hill-- was almost a contemporary with Jesus Christ and he was a very famous and a very wise man and very much part of the Jewish tradition and I will quote Hill-- he said, if I am not for myselfwho will be for me and if I'm only for myself. what am I. And, if not now. when?" And, all I am sa•,ing is it is time for us to say that we are for ourselves. And, I call the question. Mrs. Gordon: Call the roll. Did you want to say something Pat? Mrs Skubish: Yes, just one thing, Mr. Mayor and members of the Commission. I'm sure I'm going to have to go back and check with Civil Service. but I think the rule changed. It would have to come from Civil Service. Mr. Plummer: Sure. This would be directed to Civil Service. Mr. Grassie: For clarification if I could Mr. 'Mayor. I was a little concernd about your statement that the resolution that you are about to adopt doesn't mean anything. I'm a little concerned about that. Mayor Ferret I think from a nitty-gritty down-to-earth practical thing, any legislation. whether its passed by the United States congress or by the City of Miami Commission that says we shall do in five(5) years such, and such is frankly not very meaningful, because you're going to have future commissioners that can reverse that and extent and all that. What it does say is that this Commission OCT . 8 1916 at thi, particular juncture of our history in October 1976, says ladies and gentlemen of the city we want you to live in the city Mild thats the way we want you to go. Mr. Plummer: Madame Vice -Mayor, I'm going to make a motion, a substitute motion that this item be deferred to the City Attorney for the possibility that it is legal. i seriously question that this is legal and I'm getting to the terms of employment. that you Cart force a person once they have been accepted without prior signing an agreement to move them back anywhere. Now, I'm not speaking at this time to what I feel the unfairness of this situation. But I'M speaking to the legality. I personally, think that it is beyond the rights of thiA city ... Mayor Ferre: I would like to request that, well I'll say... Mrs. cordon: Was there a second to the substitute. or is there. The substitute motion is to refer this matter to the Attorney before any action is taken. Mr. Plummer: For the legality. Mayor Ferre: I'd like to speak to that, if I may? Mrs. Gordon: Father, will you take the gavel, I:11 second Mayor Ferre: Father. if I may speak to it. I would like to speak against a substitute motion, because what in effect we are passing here is a motion not a resolution and therefore obviously, the City Attorney has to by the time he brings it back in a resolution form do the legal work. If he feels that its illegal it is his respons- ibility to so inform the commission. So therefore what you're attempt- ing to do will be accomplished with the other motion and this all it will is slow down the process and I think its time for us to put this out and get the will of the majority of this commission on top of the table. Mrs. Gordon: Mr. Knox. do you have an opinion you'll want to offer at this time upon the substitute motion? Mr. Knox: Right. A traditionally definition of a resolution is a piece of legislation that expresses the will or opinion of the commission and there is at least one California Supreme Court case which indicates that a city commission or a legislative body may pass legislation that has no real practical legal effect. For example. there were municipalities that passed resolutions either condemning or supporting actions taken by the president and so forth. The matter was legitated and it was determined that city commissions had the power to pass those kinds of resolutions which merely expressed the will or opinion of the city commission at that particular time. Mrs. Gordon! Then, what you're saying the substitute motion is not necessary. Mr. Knox: Right. In my legal opinion. Mayor Ferre Which is what I said . Mr, Plummer: Well, wait a minute now. if the titan's sitting here telling me that its not a legal motion. I'll withdraw it. Mayor Ferre- No, he didn't say that. He didn't say that at all. What I understood him to say, let's go over this. I make a motion, You make a substitute motion and in your substitute you say, city, attorney tells if its legal. I say if you let the motion go through if it passes when it becomes a resolution obviously the city attorney 2U OCT 2 8 1916 hAA to approve it in form and legality, sD that takes care of itself, He eaid it doesn't matter whether its legal or not because the gUpretne Court in the case in California has ruled that commissions 1e ielative bodies catz express opinions even though they haVe no heVe nc practical effects, like for example sensoring the presidelte gO, what I'm saying is since this is something that will have effect it five(5) years, I'm sure that the City Attorney has to look at it At to legal format before it becomes a resolution and therefore I will Vllte against the motion, the substitute motion. 1 OCT 2 81976 Mfs4 Gbrdont Well, since the attorney has stated his position and his thinking note verbally on the table I don't think the potic it tie~t'et;sary. Sb, I'll withdraw` my seconds Mt, Pluft er: All right. Mayor Ferre: Call the question. The original question. Mrs, Gordon: The question is on the original motion which is that Al employees be required to return to the city in five (5) years. Mayor Ferre: Within 5 years. And, I want to make it very, .., I don't want anybody to take this as a joke, that the intention of this is to emphasize the desires of this policy setting board of the City of Miami Commission that we want our employees to liVe in the city. Mr. Plummer: May I have a clarification? Is that all employees? Mayor Ferre: All employees. Except Mrs. Skubish: I hate to keep bothering you, really, but I thought you said before that in different categories that you would go outside ... MayDr Ferre: Thats for hiring. Mrs. Skubish: Just for hiring. Mayor Ferre: Yea, once they are getting paid. As Father Gibson says, if you get paid and you put bread on your table, lets make that table ... buy your bread in Miami and lets see if the table also is in Miami. Mrs. Skubish: You know I've heard, I know you're short on time. But I heard Father Gibson talk a lot about how the Blacks ---- you know how hard they have it and I know thats true. I know we've had a lot of problems, but also I come from the slums of New York. Mayor Ferre: Pat, what are you're arguing about. You got 5 years. Mrs. Skubish: No. I don't have five years. I'm not going to have five years. I think this is going too... I think you're going to change that Mr. Mayor. I think you will. Mayor Ferre: I cannot change that. The majority of this commission can change it. Pat, on the record, I have no intentions of changing my opinion on this motion. I think it will be a hardship to ask somebody who has built a house over many years and lives out in Kendall, some place to be forced to sell it to keep his job, ok. But I do think, that I want to express an opinion that within five (5) years that should be done to give people of time to plan and think and figure it out. Because I do feel that the employees of the City of Miami should live in the city. Mrs. Skubish: Well, Mr. Mayor, I really hope one thing, that your concrete business really picks up, because I really hope you build some more houses here in the City of Miami. Mayor Ferre: Call the question. Mrs, Gordon: Ok, will you call the roll please f OCT 2 F,1976 Mr. Ongie: Mt.. Reboso: Itoii Cal.. Yes, Mr. Ongie: ReV. Gibsbfl Rev. Gibson: No. Mr. Mayer, let me explai.h that no. I believe innately that I should not penalize since my predecessors did not make that law. However, I want to make it crystal clear to every- body when you join this city force from now on. That's why number three is important to me. When you join this city force from now on you know with your eyes wide open and your ears unstopped that you either going to live in this city or ain't going to be no pay- check, ok. That's why I'm voting against it. Mt. Reboso? Mr. Ongie: Mr. Plummer? Mr. Plummer: No. Mr. Ongie: Mayor Ferre. Mayor Ferre: Yes. Mr. Ongie: Vice Mayor, Gordon? Mrs. Gordon: No. Mr. Ongie: Motion fails. Mayor Ferre: All right, let's move on then. 7. DISCUSSION ITEM- CURRENT NEGOTIATIONS WITH FIRE BARGAINING UNIT, Mr. Gene Naples: Mr. Mayor, I had a letter that was hand delivered to both Mr. Grassie and Mr. Mielke this morning. We have ratified a contract with the city and and we have reached an agreement as far as the fire fighters are concerned. While we are not extatic about the agreement that we've negotiated in :realizing that everything I've said in my little story is a compromise in this life in varing degrees but we have reached agreement and certainly I'm quite happy about the fact that we've finally gotten to where we did have a negotiated agreement. So, we have reached agreement and I think I'd like Charlie to comment, since Charlie worked hard on this thing and my have some comments be might want to make. Mr. Charles Hall: I'll be very brief your honor I think a couple of things I'd like to make the Commission aware of. One is that the negotiations were very, very difficult this year for a couple of reasons. One, is what I consider a change of attitudes and I assume correctly or incorrectly and maybe its something you should examine is where the attitudes express that the bargaining table or the attitudes of the commission I assume that they are because I have no other way of determining whether they are or not. The negotiations were very difficult to the extent that there appears to be a change of attitudes. we think we can live with the agreement we have. We urge you to ratify the agreement. We think we can live with it. But I think you should in the meantime re-examine what those attitudes were at the bargaining table and see if they are reflective of the attitudes of the commission. I would urge you to do that. In view of everything I see happening here I want to give you my reaction to both the negotiations and other trends that I see develol.ing in the city. Many, many years we've been strong opponents to consolidating the Fire Department within Dade County. We 'fought; we spent a lot of our money campaigning even to the extent of hiring public relations OCT 9. F 1976 fiI1R9 to go out and produce the kind of political campaign we thought took to win that i', tirl. However. 7 think, that: its time for us ttt ktinItr ti, re -think out prrr►it hoi heiniltt►ing Its do ih1t tittw, we'ro b ginttirtg tc, rximi► t mime of t_he things and wr aro in that Process, We're going to be telling our membership that its time to rethinking the attitudes that we develop in terms of consolidation. Mayor Ferre: I think thats within their rights naturally. Mr. Grassie: I would like Mr. Mayor for Dean Mielke to report for management on the agreement. Mr, Dean Mielke: Your honor, commissioners, we too would recommend ratification of the agreement. I have received a letter as Mr. Naples advised you, telling me that his membership has by a majority of vote ratified the agreement and we would recommend the same to you. Mr. Plummer: Where is the agreement? Mr. Grassie: If you approve this in principle. The agreement is on the basis that you've already been briefed on. If you approve it in principle we will bring it to you in its final form this afternoon about 3:30 when we formalize actions of the committee of the whole. If this basic demonstration of... Mr. Plummer: That's what it takes for me to see it then thats what it takes. Mayor Ferro: It has the recommendation of both the union and the managment. Is there any further discussion on this. Is there a motion? Moved by Father Gibson: Is there a second? Mr. Plummer: I'll it just so that I can get to see a copy of it. That's the price I got to pay. Mayor Ferre: Call the roll Thereupon and seconded Seconded by Commissioner Plummer. the foregoing motion introduced by by Commissioner Plummer was passed a unanimous vote and was designated Motion No. Further discussion. Commissioner Gibson and adopted by 76-963. Mr. Gene Naples: Mr. Mayor, I'm not clear on what the motion was. Was the motion to do what Mr. Plummer suggested? Mayor Ferre: Yea. Mr. Gene Naples: Or was it to approve the ratified agreement? Mayor Ferrer It was a motion that approves and ratifies this subject to the final agreement coming before us and a resolution being made for us to vote on that. Mr. Grassie: I wonder Mr. Mayor, maybe we ought to spend a couple of minutes clarifying because the procedure that you have just gone through in the last two minutes we understood is the procedure that this City Commission has followed for 20-years. Now, if that is not true I don't want to do it this way. The only reason we're doing it this way is because apparently this is what you have always dote. In other words, you have had a simple statement from the union that they agree. A simple statement from Management that they recommend the agreement. I don't think that in the Fast years the City Cotttm- fission was even aware of the details of the agreement. Mayor Ferre: I never remember it being! Mt`', Plummer: Oh, I sure do. :.r 4 OCT . i 1916 Mr, Oahe i aplea: ao f clopIt Plunder:. I do. Mr. Grassie: We're depending oh people who has beeh her 1 nger than we have, but we understand that's been your process, Mayor Ferre: Well, the point is this, that whether thats been the process or not. What we did this was a motion based on your state meat and your statement that this be approved but it is not a resolution. Now, before the resolution is passed Commissioner Plummer has asked that the final document be given to him for hilt to look at. Mr. Grassie: Which he would normally get this afternoon. ;Mayor Ferre: And then at that point he can do whatever he wants too. He can vote for or against. He can make a motion to table or to postpone or... Father Gibson: Mr. Mayor, since I made the motion. My understanding is... let me make sure I understand it. You all are happy, not happy, but you all have agreed and thats why I made the motion. I felt that the fact ---- of minds. ok. Mr. Gene Naples: That's right. This is the new procedure, I don't... Mr. Plummer: Well, Gene, you surely have no objections ... Mr. Gene Naples: No sir. I certainly don't we've waited this long it doesn't make any difference to us. Mr. Plummer: Well, ok. First of all, legally we cannot approve it, ok, because we're a committee of the whole. so we can't do it ,ok. And, all I'm saying is I would like to go over a copy of the agreement and have the opportunity to read it. Just for your edification I'll refer you back to last year. All three ratifications were given to ,S us prior to the budget hearings. : Mayor. just one short statement. I think we owe it to the rest of the city employees and to the commission to tell you that we're still supporting the other city employees in their effort to achieve economic justice and we intend to continue to support them in whatever way they want us too, including financial assistance if they feel they need it. Mayor Ferre: I understand that. All right, is there anything else on this item? 8, DISCUSSION ITEM - FEE WAIVER POLICY OF THE CITY COMMISSION, Mr. Grassie: This item is on your agenda at the request of the City Commission. You asked that we bring back to you the basic question of what the city does on waiving fees and that we give you an opportunity to establish a policy in this regard. In addition to the discussion draft what possible policy that you have or that you got with your materials. You may want to ask us some questions with regard to how much money has been waived in the past year and we're prepared to answer those questions if you would like. Well, just to give you some indication Mr. Mayor whats involved in dollar terms. In the last year the Department of Public Facilities has waived a total of $50,707.12 worth of fees, The Department of Parks & Rec- reation $39,500.00 and the Department of Publicity & Tourism $7,450,00. OCT 2 ie 197i Mayor Ferret This goes to $100 , 000 . r. Orassie: $97,000. yes. Now, when I say the departments 1 what we mean is the city commission has provided for this. It erne out of those departmental activities. Mayor Ferre: That's right, What's your recommendation? Mr. Grassie: I think, Mr. Mayor, in fairness to .. in great measure and fairness to the people who in fact do pay for the use of city facilities that we do have to have a policy which is fairly and uniformly applied. I do think that the policy needs to reflect your priorities and your statement as to the kinds of preferences that should be allowed to specific kinds of organizations, but once done, once you have expressed yourself in that way I would hope that we could administer the policy and not continue to ... Mayor Ferre: I would like to recommend a solution to this problem. The problem is that it is impossible for J.L. Plummer, Rose Gordon, Theodore Gibson, Manolo Reboso, or myself to look to members of the Marine Corp. and deny them toys for tots, which gets all these poor children gifts for Christmas. How can you say no to people like that? How can you say no to the Cancer Society, to the Catholic this and the Jewish Home for the Aging and this firm and that? You know, they're all civic and --- activities, and non-profit making that are doing good for this community. I don't see how in the world you can turn your back to people like that. Now, that's part of the responsibility that we in the city have. Now, perhaps, we can change the format, because I'll tell you frankly, I think there are a lot of times you know, we get into this rut. We get used to waiving everything for everybody. So, what we do is we just waive it for anybody. I cannot think. I've been Mayor now for three years of one time that we've said no, can you Plummer? Can you Rose? We've never said no to any- body, so I'll tell you what I think we ought to do. We ought to do the same thing that we do with the Gusman Hall Philharmonic Hall. We said the City of Miami will subsidize $15,000 worth of free time at Gusman Hall and will let the administration administer that and do it that way. So, anybody who has a beat goes to the administration. Mrs. Gordon: Maurice, since we seem to be addressing ourselves to the benefit that we have to accrued to those people who are citizens of the City of Miami. Perhaps, we need to analysis those that we do waivers for as being either organizations that are residents of the City of Miami or part of the City of Miami, you know, structure. Mayor Ferre: Rose, I agree but you see the problem is this and this is what the Manager said and I'm agreeing with him. What we ought to do is ought to establish the philosophy without names saying we're going to set-up $50,000,for example, as a waiver. Number one, priority must be given to City of Miami Organizations. (2) It's got to be evenly distributed between the three religious groups so that group gets more than another. (4) It ought to be eight items dealing with agents comes first, items dealing with children comes second, items dealing with the -- then after that other social services and establish a format without thinking of names, don't you see? And,then that's the policy and let the city administration administer it. Otherwise, ... Father Gibson: Then we don't have to get in it. Mayor Ferre: Either that or just forget about the whole thing or just keep on waiving it as they come it. Coral Gables Women this ... Mrs. Gordon: Look, if its a County fundtio n or organization that you know, from the County, or from other municipalities let the other municipalities contribute to the fee that has to be paid and that way OCT 2 8 197E tie want won't be &Sorbing it all, Mayor Ferre: Well, for example, Variety Children's Hospital, Mrs, Gordon: Ok, its a County operation, it in the COUnty, Mayor Ferret So, we don't help them? Mrs. Gordon: We should everyone if we can but what you're saying now is not that. You saying we can't afford to help everybody, therefore we have to say that if an organization such as oh, I don't know, I don't want to pick a name either, but there are a number of worthwhile organizations that are in the city come to us and they should be.given to... Mayor Ferre: Suppose I tell you that the majority of the indigent cases done by Variety Children's Hospital.80%o of them within the City of Miami. Mrs. Gordon: I don't remember them ever coming to us. Do they come to us? Mayor Ferre: That's exactly why I chose that because its an example that hasn't happened. I don't want to talk about some of the ones that happened. Mrs. Gordon: Well, I would like to table this discussion until we have more information as to who those organizations were that received the waivers and where they were and so on and so forth. Could you supply us with information and we take this up again at the next meeting? Mr. Grassie: Certainly, we could Commissioner. There are two ways that you can approach this (1) you can decide on a fairly broad policy level what types of distinctions you want to make. Mrs. Gordon: I would do that after you furnish the information. Mayor Ferre: Mr. Grassie: have received That's a valid question. That's a good question. You would like a list of all of the organizations which Mrs. Gordon: Yea, y ou gave a dollar figures, what are they, who are they? Mr. Grassie: Fine. Certainly we can do that. Mayor Ferre: Well, when you go through that because you're talking about a lot of paper work. If you're going to do it you may as well do it the right way. You want the address of whether or not they live in the City of Miami and whether or not they serve us Miami citizens, even though, they live out-- like Variety Children's Hospital is not in the city but I would imagine most of their indigent patients come from within the city and if they have the figure what percent? All right, is there furth?r discussion on this item? I don't think we need any motion. Mrs. Gordon: You don't need a motion. 9, WAIVE RENTAL FEE FOR USE OF WATSON 1 SLAND : VINTAGE AUTOTBIIF CLUB OF MIAMI SWAP MEET Mr. Grassie: Attached to this Mr. Mayor, there is a specific request for a fee waiver, for the Vintage Automobile Club of Miami and the reason that it is attached is that their affair is on November 5 ande, of course that time is,,. OCT 2 1976 Mayor `etfe: See, let me tell you in the past we've always waived it, f4ow, the theory being that they bring business, do they or dbh't they, l don't knOW? Mr, Plummer: Well, I'll tell you another thing, you know, Arid I` titih you hadn't of mentioned that name. Any names Mr. Grassie: I'm sorry, but... Mr. Plummer: Let me tell you the way I feel about this. If those people are charging an admission, I think its a big breaking points Regardless of who it is. ok. If those people are cha ?ging an admission and they can't prove to me that all of their proceeds go to charity or let's say that most of their proceeds go to charity, then I would be oiposed to waiving the rental. If they can show me any organization that comes here that charging an admission and their proceeds are going to a charitable endeavor I would have no problem. One other, and the one that comes to mind immediately is where we waive the fee for the immigration department, so that they can hold the swearing in of the new citizens, I see nothing wrong with that at all. It serves a public good. I wouldn't have any trouble with those things that are oL:en and free to the public. It's just those that are charging admission that they are keeping the profits for themselves and by doing this we are adding to their profits. Mr. Grassie: Without wishing to debate the question Commissioner, you know, there are two kinds of problems that are raised by the examples you use. (1). Its true that the immigration service serves the public. Its also true that they are a federally funded organization that has federal money to support and what you're doing basically is subdizing the immigration service. The second thing, in the request thats in front of you, which happens, and I'm sorry I have to bring up a specific, but you know we have to decide on this one, because there date is very near. The Vintage Automobile Club, now it says in this resolution that this year's benefit is the Juvenile Diabetes Research Foundation. Mr. Plummer: You got no problem. Mr. Grassie: No problem, but basically, what this policy does is it means that you're letting private organizations decide that you as a city are going to contribute to the Diabetes Foundation, thats really whats happening. Mr. Plummer: I got a problem. Mr. Grassie: Ok. But you see thats the result, Now, that's why Ithink we need to discuss this at a policy level so that you tell us what you want us to accomplish and once you tell us that, you know we can get it done. Mrs. Gordon: We'll do that after you supply us with the information that with regard to the Vintage Automobile Club. I noticed even that their location is I think in the city, 32nd and 29. Mr. Grassie: Yea, I have to say in fairness these people are used to what we've been doing for 20-years and in fairness we've been waiving the fees, and you know there date is upon us and I ththk that you almost are obliged to waive this particular fee. Father Gibson: yes I would think that this is a very late hour and ft Mr. Plummer; I'll move it, OCT 2 81976 Fe her di.)isOh: Arid, 1 would second that. Mr. tlumi er: That's the Waiver of only the rental fee • Mr. Grassie: What's correct. Mr. Plummer: And it does not include the clean-up Lose electrical, ... Mrs. Gordon: J.L., in the letter they say we request a 10% fee the City of Miami has informed us they will charge on all receipts for the period be waived. That's all they're asking for is the 10% fee. Father Gibson: Well, just conform to their request. Mr. Grassie: Yes, the resolution that you have with your package which is the one that I hope you're acting on. It says that you're waiving the fees subject to the payment of all direct costs. Mr. Plummer: I think that you'll find a motion on the floor existing that that's payable in advance. Mr. Grassie: The motion is to grant the waiver for the Vintage Automobile Club of Miami's benefit on November 5 and 6th. The waiver of fees but not cost. Mayor Ferre: It has been seconded. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-964 A RESOLUTION WAIVING THE FEE FOR THE USE OF WATSON ISLAND PARK ON NOVEMBER 5 AND 6, 1976, BY THE VINTAGE AUTOMOBILE CLUB OF MIAMI FOR THEIR 13TH ANNUAL ANTIQUE AUTO SHOW AND SWAP MEET, SUBJECT TO THE PAYMENT OF ALL DIRECT COSTS. (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 - YES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES; None. OCT 261976 101 t3R1LF DISCUSSI ITEM a AFFIWATIVE ACTION OFFICER► Mayor Ferret Mr. OrASitie Mr. Grassie: Sir'. Mayor Ferre: You hired an Affirmative Action Offioer a month agb who was interviewed by the board, he was interviewed by everybody here. Everybody agreed he was the guy. He goes off to Venezuela on a vacation or something and has an accident calls up and says that he's in the hospital and he'll let you know. Since that time six weeks have gone by and we haven't heard from him. Now, either that guy reports to work, well even if he reports to work, that guy better have a pretty good excuse if he does report to work why he hasn't even called you in six weeks. Now. I think, that :.. the middle of next week or lets say the 1st of November as the deadline and if he's not here by the 1st of November let's get somebody else. Mrs. Gordon: Mr. Grassie: Was he a Miami resident when he was hired? No, he was a resident of New York City. Mrs. Gordon: New York City? Mr. Grassie: Yea. He was Cuban -American who was from Miami but employed in New York City when we hired him. Mr. Mayor, I entirely agree with you. Just for your information we have discounted that person already. We assume that he is not coming to work for the City. I have arranged to have a talk with Mr. Thompson, whom you know is the Chairman of the Affirmative Action Committee. This Tuesday we're calling a meeting of the Affirmative Action Advisory Board, or Thursday and I expect that with their help that we're going to move forward on employing another person. Mayor Ferre: Well, then you have all the candidates. Mr. Grassie: Yes. The basic thing that I have to discuss with the Advisory Board is whether they feel that we should re -advertise or whether we should simply go with one of the candidates that we already have. Recess for lunch -- AUTHORIZE DIRECTOR OF FINANCE TO PAY ANTHONY ABRAHAM 11. CLAIM SETTLEJ`'ENT - CHEVRON' $1,543.51, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-965 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ANTHONY ABRAHAM CHEVROLET COMPANY AND EDITH LARNER SMITH, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,543.51 IN FULL AND COMPLETE PAYMENT OF A PROPERTY DAMAGE CLAIM AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL PROPERTY DAMAGE CLAIMS AND DEMANDS, 001. 2 819Th e. (Here follows body of resolution. omitted here and on File in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolUti Was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Comtnissio ner J. L. Plummer, Jr, Vice -Mayor Rose Gordon ABSENT: Mayor Maurice A. Ferre NOES: tOfte. 12, CLAIM SETTLEMENT AUTHORIZE DIRECTOR OF FINANCE TO PAY THE SUM OF $1,300, 0U To LINDA KATZMAN AND SHELDON KATZMAN. The following resolution was introduced by commission who moved its adoption: RESOLUTION NO. 76-966 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LINDA KATZMAN AND SHELDON KATZMAN, HER HUSBAND, AND THEIR ATTORNEY,MAX P. ENGEL, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,300.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY CLAIMS AND $100.00 IN FULL AND COMPLETE SETTLEMENT OF ALL PROPERTY DAMAGE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING 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 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 Gorcb n ABSENT: Mayor Maurice A. Ferre NOES: None. 13. CLAIM SEiTLENENT: AUTHORIZE DIRECTOR OF FINANCE TO PAY THE SUM OF $1, 250, 00 TO WALTER L TURNER. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-967 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WALTER LEE TURNER AND SARAH TURNER, HIS WIFE, AND THEIR ATTORNEY, ANTHONY CAPODILUPO,WITH- CUT THE ADMISSION OF LIABILITY, THE SUM OF $7,250. 00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and oh' file in the Office of the City Clerk.) U On being seconded by Commissioner Gibson, tha reap.0 was passed and adopted by the following vote- r O CT ?. 8 1976 A`E5 Cbrnt issioner Manolo Reboso Ccotnnissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr, Vice -Mayor Rose Gordon AMENT! Mtyt'ir Maurice A. Ferre SOW 14, AptiNT LUCILE KA)Q LL TO THE MIAr1I NEMORIAL CON IITLEb the following resolution was introduced by CoMMissi.bner Gibson, wrho Moved its adoption: RESOLUTION NO. 76-968 A RESOLUTION APPOINTING LUCILE MAXWELL TO SERVE 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 Plummer, the resolution was passed and adopted by the following vote - Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre AYES: ABSENT: NOES: None. 15, APPOINT RAFAEL LEW TO THE CITY OF MIAMI CONMIIIf ON ECOLOGY AND BEAUTIFI- CATION. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-969 A RESOLUTION APPOINTING MR. RAFAEL LEON TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Here follows body of resolution, omitted here an 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 Maur ice A. Ferre NOE OCT 2 8 1976 gs 16. AMUSEMENT RIDES PERMIT "i T. MICHAELS 1HE ARCHANGEL. The following resolution was introduced by PiUMMer, who moved its adoption: RESOLUTION NO. 76-970 A RSSOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. MICHAEL THE ARCHANGEL SCHOOL -CHURCH, FOR AMUSEMENT RIDES, AT 100 N.W. 28 AVENUE, IN CONNECTION WITH ITS CARNIVAL ON NOVEMBER 25 THROUGH 28, 1976, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and oft 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. 17. AMUSEMENT RIDES PERMIT - EDISON CENTER MASONS AND EASTERN STAR. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-971 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO EDISON CENTER INTERNATIONAL MASONS AND EASTERN STAR FOR AMUSEMENT RIDES AT SHELL CITY PARKING LOT, N. W. 58 STREET AND 6 COURT, IN CONNECTION WITH ITS CARNIVAL ON DECEMBER 1 THROUGH 12, 1976, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City CleBc.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: ABSENT - Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice- Mayor Rose Gordon ABSENT; Mayor Maurice A. Ferre NOES: None. =_- OCT 2 8 1976 P04138tAlit RibEs PERMIT s 130RItiQUDi LIONS CLUB. The following resolution was introduded by , "ommiSnibfler C i ns who MOVed its adoption: RESOLUTION NO. 76-972 A RESOLUTION AUTHORIZING THE ISSUANCE OP A PERMIT TO BORINQUEN LION'S CLUB FOR AMUSE- MENT RIDES AT THE MIAMI STADIUM PARKING LOT IN CONNECTION WITH ITS CARNIVAL ON NOVEMBER 19 THROUGH 28, 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 Plummer, the wss passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Plummer, Vice Mayor Gordon NOES: None. ABSENT: Mr. Reboso, and Mayor Ferre. resolution 19. AWARD BID - OLD BAYFRONT PARK DEVELOPMENT (ELECTRICAL AND IRRIGATION` SYSTEMS). Mrs. Gordon: Discussion? Mr. Plummer: I'll second it. And, under discussion, what funds is coming out of? Mr. Vince Grimm: Its coming out of the funds that were allocated both from the federal government from the Parks for People Bond Funds. Mr. Plummer: From the Bond Funds. Mr. Grimm: Both, thats a joint... Mr. Plummer: I think in the future you should designate on the agenda which fund. I think the charter calls for that. You shall designate on the agenda from which fund its coming from. Mr. Grassie: Source of funds? Mr. Plummer: Source of funds. Mrs. Gordon: Is that previous budgeted funds for this purpose for part of development ... Mr. Grimm: Allocated for that purpose. Mrs. Gordon: That was moved by Commissioner Gibson, Seconded by Commissioner Plummer. Call the roll please, OC,T z 81976 The toiowing resolution was introduced by Commissioner d)3S$i t Who moved ita adoption: RESOLUTION NO. 76-97S A RESOLUTION ACCEPTING THE BID OF HAROLD O, .`AE?ER, INC. IN THE PROPOSED AMOUNT OF $156,500 FOR THE IRRIGATION SYSTEM COMPONENT OP THE OLD BAYFRONT PARK DEVELOPMENT - PHASE I (ELECTRICAL AND IRRIGATION SYSTEMS) BID "Ant AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, SUBJECT TO AVAILABILITY OF FUNDS THEREFOR UNDER TITLE X FEDERAL PUBLIC WORKS GRANT PROGRAM. (Here follows body of resolution, omitted here and ittti 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: Rev. Gibson, Mr. Plummer, Vice -Mayor Gordon.__ NOES: None. ABSENT: Mr. Reboso, and Mayor Ferre. 20, AWARD BID - OLD BAYFRONT PARK DEVELOPMENT (PHASE I), The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-974 A RESOLUTION ACCEPTING THE BID OF ASTOR-WHITE ELECTRIC, A DIVISION OF WHITE ELECTRICAL CONSTRUCTION COMPANY, IN THE PROPOSED AMOUNT OF $106,200 FOR THE ELECTRICAL SYSTEM COMPONENT OF THE OLD BAYFRONT PARK DEVELOPMENT - PHASE I (ELECTRICAL AND IRRIGATION SYSTEMS) BID "B"! AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH SAID FIRM; SUBJECT TO AVAILABILITY OF FUNDS THEREFOR UNDER THE TITLE X FEDERAL PUBLIC WORKS GRANT PROGRAM. (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: Mr. Plummer, Mr. Gibson, and Vice Mayor Gordon. NOES: None. ABSENT: Mr. Reboso, and Mayor Ferre. AWARD BID - RBAbY MIX CONCRETE ON CONTRACTUAL BASIS FOR ONE YEAR* e following resolution was introduced by ColiMiaSioher PluMMer, w1i0 rnV@d its adoption: RESOLUTION NO, 76-975 A RESOLUTION ACCEPTING THE BID OF CENTRAL CONCRETE OE MEDLEY, INC. FOR FURNISHING READY -MIX CONCRETE, AS REQUIRED, ON A CONTRACT BASIS FOR ONE YEAR FROIM BATE OF AWARD TO THE DEPARTMENT OF PUBLIC WORKS TO THE DEPARTMENT OF PUBLIC WORKS,AT A BASE PRICE OF $19 PER CUBIC YARD, AT A PROPOSED COST OF $79,000; SUBJECT TO AVAILABILITY OF FUNDS THF.REFOR IN THE 1976-77 ANNUAL APPROPRIATION ORDINANCE, AS ADOPTED: AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS AS NEEDED. (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: Rev. Gibson, Mr. Plummer, and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso, and Mayor Ferre. 22, AWARD BID - CITY CE EfERY IMPROVEMENTS, Mr. Plummer: Only under discussion Mr. Manager.this takes care of the fence and it takes care of the streets. The streets being done with city forces I understand. Mr. Grassie: Thats my impression, yes, Commissioner. Mr. Plummer: Yes sir. Now the only thing I'm saying to you I hope what you're telling me that this is only a start in which we will fix that facility up in such a manner befitting to the pioneers of this community. There is a lot of other things in there that needs to be done and I'm hoping that this is just the start. Father Gibson: Yes sir. Mr. Plummer: Because you know, as comical as this might sound and I hope it doesn't come out that way. I think, one of the things that -is needed very badly is some lights in there. Because right now a policeman cannot drive by there and look in and their is a lot of devious things going on as we're well aware of. And, I think about half a dozen good heavy lights. Father. Gibson: You ought to know. Mr. Plummer: Well, no, not from a funeral standpoint Father, But, I would like to see the lighting go in almost immediately, I'm hoping that these are . , ;irs, Gorc on; J.L. I'm going to say you're f roteoting your ssetP,' (laughter). ,; 'E1976 Mr& Grasse: We Will (!OMMiSSiOner Tit you a coF;t:. ,-,stimate of what it Will take to do adequate lighting for that, yes, Mr, Pitt:her, I think its 112611y 8 MUSto Rev. Gibson: Yea. Mr . Gordon: Call the roll please, The following resolution was introdtapdlommit4p_ Plummer who moved its adoption: RESOLUTION NO. 76-976 A RESOLUTION ACCEPTING THE BID OF O.S. CON.,. STRUCTION, INC. IN THE PROPOSED AMOUNT OF $16.748.50 FOR THE CITY CEMETERY - IMPROVEMENTS: ALLOCATING THE AMOUNT OF $16,748.50 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUNDS - UNALLOCATED FUNDS" TO COVER THE PROPOSED CONTRACT COST: ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,842 TO COVER THE COST OF PROJECT EXPENSE. ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $334.50 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 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: Mr. Plummer, Rev. Gibson, and Vice -Mayor Gordon. NOES: None. ABSENT! Mr. Reboso, and Mayor Ferre. 25. RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER here and on - EXTEND CONTRACT WITH ADVERTISING AND MARKETING ASSOCIATES FOR ONE YEAR. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-977 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXTENDING THE CITY'S CONTRACT WITH ADVERTISING AND MARKETING ASSOCIATES FOR AN ADDITIONAL YEAR TO CONTINUE FURNISHING PUBLICITY SERVICES. (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: Rev. Gibson, Mr. Plummer, and Vice -Mayor Gordon. NOES: None. A5SENT! Mr. Reboso and Mayor Ferre, === ()CI 1976 24. POLICY OF INTENT ON CCOACTS. Mr• Plummer: It Was ty understanding AbSe eor'rect tote if I' 1' Wrong, that after the little bit Of an incident We had With the University of Miami contract. It was niy Understanding that this Administration set policy that at no time in the future would We approve a contract until it was signed by the other party and this contract is not signed by the other party. Do you recall that? Mr. Grassie: I remember the discussion. I did not take it to be 'an inflexible policy on your part. Mr. Plummer: Well. I think that its important. I think that they obviously agreed to it and if they have I think they ought to put their name on the dotted line and then bring it before us for signature and for that reason I'm going to move that you defer it. Mrs. Gordon: I was told that, that had been pulled out of our packet. Mr. Plummer: For a revision. Mrs. Gordon: For a revision? Mr. Plummer: Not for the signature. But I want the signature. Mrs. Gordon. Well. then we'll just defer it then. Mr. Plummer: And, just not this Mr. Grassie. I talking about any c ontract I think, that if the people have negotiated in good faith with you should be willing to put their name on th dotted line that they are incurrence because as of right now with no signatures I don't their incurrence. And it was my understanding after the problems we had with the University of Miami that we agreed to it and we thought that that it was finished and then we come back later and find out they didn't agree to it. So, then I make a motion at this time that the policy of this commission that any future contracts that are brought before us for approval be signed by the other party first. I'll make that in the form of a motion. Rev. Gibson: I will second that. Mrs. Gordon: Ok, is there any discussion on that motion. If not call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-978 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT ANY FUTURE CONTRACTS THAT ARE SUBMITTED TO THE CITY COMMISSION FOR THEIR APPROVAL, BE SIGNED BY THE OTHER PARTY FIRST. • Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson. and Vice -Mayor Gordon NOES: None. ABSENT: Mr. Reboso and Mayor Ferre s {, OCT 2 61976 ►• ♦J 25. ACCEPT COMPWA: PROMTIVE SYSTEM FOR NEW POLICE FACILITY. The following resolution wss introeiveed by Ns Mtssioner Plummer) who mOvad its sdoptioh: RESOLUTION NO. 76-979 A RESOLUTION PROVIDING FOR THE ACCEPTANCE tY THE CITY COMMISSION OF THE PROTECTIVE SYSTEM PROVIDED BY WACKENHUT PROTECTIVE SYSTEMS, INC. FOR THE MIAMI POLICE DEPART- MENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE FINAL PAYMENT OF $29,770.41 FOR THAT SYSTEM. (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: Rev.Gibson, Mr. Plummer, and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. 2b, AUTHORIZE CITY MANAGER TO ENTER INTO NEW AGREEMENT - who The following resolution was moved its adoption: - ARNOLD R. GUREVITZ, AS PROJECT ANALYST FOR THRESHOLD PROGRAM FOR PUBLIC R SERVICE introduced by Commissioner Plummer, RESOLUTION NO. 76-980 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ARNOLD R. GUREVITZ, FOR HIS PROFESSIONAL SERVICES, AS PROJECT ANALYST, SUBJECT TD THE THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED CONTRACT; WITH FUNDS THEREFOR IN THE AMOUNT OF $1,100 HEREBY ALLOCATED FROM THE LEAA GRANT OF MONIES FOR THE THRESHOLD PROGRAM FOR PUBLIC SERVICE AIDES. (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 fol AYES: Mr. Plummer Rev. Gibson, NOES. None. ABSENT: Mr. Reboso. and Mayor 4-3r had, lowing vote - and Vice -Mayor Gordon. Ferre. OCT 2 81976 AUTWAIZE CITY MANAGER TO EXECUTE A O' LEARY-SHAFER AND ASSOCIATES CONTRACT WITH: CONSULTANT SERVICES FOR DIXIE PARK. N . Plummer t I' m going to move 11 based on the motion that I was able to pass rrevious. i don't want to hold this work up, but hOW that the policy has been established from this point it will be. I'll move 13. Mrs. Gordon: We were suppose to receive in that in the revised form. We have not gotten it yet. So, we'll have to hold up in abeyance. Mr. Plummer: With the one exemption. I'll move i Mrs. Gordon: With the changes... Mr. Plummer: With the change of the funding. Mrs. Gordon- All right, ok. Moved by Commissioner Plummer. by Commissioner Gibson. Discussion? Call the roll please. The following resolution was introduced by Commissioner who moved its adoption: RESOLUTION NO. 76-981 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH O'LEARY-SHAFER AND ASSOCIATES, P.A., A PROFESSIONAL ASSOCIATION OF LANDSCAPE ARCHITECTS, TO PROVIDE PROFESSION- AL SERVICES FOR THE REDEVELOPMENT AND EXPANSION OF DIXIE COMMUNITY PARK, LOCATED AT 401 N.W. 12TH STREET, MIAMI, FLORIDA, WITH FUNDS THEREFOR IN THE AMOUNT OF $64.000 ALLOCATED FROM THE FIRST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Seconded Plummer, Upon being seconded by Commissioner Gibson the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Plummer, and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso, and Mayor Ferre. 28. APPROVE RENEWAL OF AGREEMENTS ADVERTISING AND PUBLICITY AGREEMENTS BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR A JOINT PROGRAM. Mr. Plummer: I'll move it. And, I want to remind the Manager of the concensus of dealing of this Commission that we want an office re-established in the airport. It was with this group here that I feel that I don't want it to be forgotten, because I think we took a vote on that and that was the policy. The following resolution was introduced by Commissioner kiummer, who moved its adoption: RESOLUTION NO. 76-982 A RESOLUTION APPROVING THE RENEWAL OF THE ADVERT- ISING AND PUBLICITY AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR A OIIINT CITY AND COUNTY PUBLICITY AND ADVERTISING PROGRAM FOR A(• OCT " t'1976 1.06-77 FISCAL YEAR AUTHORIZING T1iE CITY Avo4Ann TO EXECUTE SAit) AoRLFMENT EFFECTIVE '-OCTOBER 1. 1976. AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION ANU ThE RENEWAL AGREEMENT TO THE CLERK OF THE BOARD OP COUNTY COMMISSIONERS CF METROPOLITAN DADE COUNTY. (Here follows body of resolution omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson vas passed and adopted by the following vote - AYES: Rev. Gibson. Mr. Plummer and Vice -.Mayor NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. the resolutions. Gordon. 29. AUTHORIZE CITY MANAGER TO EXECUTE - TEMPORARY METROPOLITAN PUDADELIC COUNTY O NTY AGREEMENT: JOSS PROGRAM. The following resolution was introduced by Commissioner Plummer. who moved its adoption: RESOLUTION NO. 76-983 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY, THROUGH THE MANPOWER PLANNING CONSORT- IUM OF DADE AND MONROE COUNTIES, PURSUANT TO CITY RESOLUTION NO. 75-234. FOR THE PURPOSE OF RECEIVING FUNDS TO OPERATE A CITY OF MIAMI TEMPORARY PUBLIC SERVICE JOBS PROGRAM FROM OCTOBER 1, 1976 THROUGH DECEMBER 31, 1976, AND FURTHER APPROVING AND RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER AS OF OCTOBER 1, 1976 TO IMPLEMENT THE AFORESAID PROGRAM. (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: Mr. Plummer, Rev. Gibson. and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. OCT 2 81976 3O {PE+y �ONVAL Mr. Evelio Ley: I think that all of you know the Meeting of the National Directors of Export is schedtiled for December 6th, 'Ith, and 8th of this year. We already received ... Mrs. Gordon: What month did you say? Mr. Ley: December 6, 7, and 8th . It's Monday, Tuesday, and Wednesday. We already confr0mation of 10 countries that they will be coming. We only have received three negatives answers. Those negatives answers are two Caribbean countries and one is from Paraguay but I think they already had in conversation with Cayuga and also in order to try that Paraguay will be attending here also. Mr. Plummer: Where will it be held here? Mr. Ley: The conference... all the National Directors of Export will be staying at the Sheraton Four Ambasadors and the conference will be held at Florida International University. In order to use ---- capacity of the International Theater of Florida International University. Mr. Plummer: Will Mr. Rocco be here? Mr. Ley: Mr. Rocco will be here and the the representatives of the Secretary General will be here and maybe the Secretary General will be here and I think Mr. Crumpton is preparing a report to Mr. Grassie and I'm sure Mr. Grassie will be informing the commission meeting about all the details on the whole program. This is moving very.very well. I think we have a very good answer from the part of the press and the community and we are having a tremendous support by the whole group and also the financial institution on very interesting participation in all this. Mrs. Gordon: How many people do you think you'll have there... did you mention how many people you think will be there? Mr. Ley: Well. we already received the confromatio n from 10 countries, but... Mrs. Gordon: How many persons are involved? Mr. Ley: We don't know exactly how many people will be coming from every country but we will know that by this November the 20th. Mr. Plummer: One thing that we've been criticized for in the past not really adequately taking care of these people while they're here now is that matter being looked after, I mean, is the proper trans- portation being provided. providing the necessary security, are all of these matters being taken care of? OCT 2',1976 Mr, Ley: if We have any special necessities or anything, I'm sure Mr, Grassie will be calling upon the City Commission for any special help for any continguency that we need. The most important point is just to be sure that we have the attendance there during the dates of 6,7, and 8th. also from the group from the City of Miami. Mr. Plummer: I will be going. I will be there! 3L DISCUSSION ITEM: CHANGE DATES QF THE DECEMBER LITY COMMISSION MEETINGSS KEYS OF CITY TO MAYOR OF SANTIAGO, CHILE Mr. Plummer. The only thing we've got to do Mr. Mayor is change the meeting dates of December. I had suggested, I think Rose has a problem instead of the 2nd. and the 4th, . Mrs. Gordan: I'll be out of town. Mayor Ferre: Colonial We're ready to make the presentation to him. Mr. Plummer: How about the 16th and -- meetings back to back. Mrs. Gordon: We granted our employees, the 23rd. Mr. Plummer: Mrs. Gordon: be with us. December 16th and 23? Have if you remember half a day on Well, that doesn't stop us from meeting. No, but some of our employees are of necessity have to Mayor Ferre: Patricio Mequis is a distinguish Chilan who has a long and very distinguish history of public servine. He has served in both elected and appointed posts in the country. He is an art and sports fan. He was a volunteer firemen when he was a younger man. And, I might point out Plummer, that in Chile the whole fire department is oa volunteer basis ... it seems to function in a very efficient way. He has represented his country with distinction in many international functions and now serves his country as Mayor of Chile. Santiago a city of 3,000 000 people. Chile.as we all know is going through a very difficult period of its history. By an election of just 32% is far from a majority. There was a man elected in Chiln. who subsequent to his taking possession as president submergedthe country in Perhaps one of the nuickest submersion into a communistic totalitarian state. Its ironic because Allende became President of Chile through the electoral process. The first time that a communist has ever taken possession of a government through the ballot box, but what Allende did was subvert the very principle and basis of his mandate, even though it was only throuah 32% and what he did was subjugate the other 68% of the nation through a system which toward end was completely subservient to the Soviet Union and in which the Soviet Union was completely controlling the governmental process of Chilr. That government as you know was over- thrown. Chile ha gone through difficult period of trying to recuperate its dignity,destroy the economy and there has been much public criticizism of that process in many parts of the world specifically in our country. It hal become a major point of confrontatio,i of the communist world. For example, I (myself) experience in Rome a year ago when I spent three or four days in Rome, there waqn't a corner in Rome where there was not a plaque or something written on the wall with a hammer and a sicle about the liberation of Chile. Obviously, its been a major embarrasement to the communist world to have this reversal. I'd like to point out that out of all of the Latin American Countries with a p ossible exception of Costa Rica there is no country in Latin America 3 CGT 281976 that has a tradition of human dignity and the recognition of the deMocrati.c -process that excels the Republic of Chile. During this difficult reriod 1 think it requires the understanding of people of goOdwi.t1. who are aware of what is happening in other parts of the world. I was very pleased when I saw the Secretary General of the O.A.S. Mr. Ortilla in a visit to Chile and subsequent to ottilla'S Visit the Minister of Foreign Relations of Costa Rica. certainly one of the most democratic countries in the Americas. Sao Paulo Who visited chile and on their return expressed their opinion that We must have patience and understanding in the recuperation process of Chile. There is no more liberal voice in the Americas in Sao Paulo His statement. I think, is one that must be taken seriously. And, as an American citizen on a people -to -people basis. because that is all that we are authorized. We certainly do not represent the State bepartmr,nt or the White House and God, or any other agency of the government. We here represent the people of Miami. And on a people - to -people basis it is my pleasure to welcome the Mayor of Santiago, our Sister City of Miami. to express to him our understanding during these difficult periods and our very best wishes that his nation recuperate quickly and that it return to the full that it has held With such dignity of so many years as an exemplary democracy in these difficult times. In that spirit its my pleasure to present to the Mayor of Santiago the Keys of the City of Miami as a symbol of the friendship that exist between the people of Miami and the people of -Santiago. (applause). Mr. Patricio requis: Mr. Mayor, Commissioner. Senorita, I feel. very very, happy and very proud at this moment. I mentioned that because 1 have received this gift which is in a way a present distinguish, but more that but more than that it belongs to a city that is very important here in the state and has rrogressed. It has changed a lot during these last yea s. And, it i' a city important in the country like the United States which we the Chilan feel very close too this country. I remember I came through Miami first in 1949. I was just out of school only 17 years old. and my father told me I had to go out to aforeign country to receive training and I landed here in this town in those days it took quite a while to travel from Santiago here and I remember I stayed in a hotel .... and the sports jacket that I bought way in a shop that I saw and particular my wife has seen a lot of it between yesterday afternoon and it was called Burdine. there I bought my first jacket and here from I started my training program. I took a bus to New York. My father told me when you get to the states no planes. you're going to go seeing the country site and I studied in an English school in my country... a very good boarding school. which is attended by students from all the countries of America, ani since then I been very, very fond of the United States and of the language of your people. Also. I was a Mayor of a town called Rancagua situated 80 kms. to the south of Santiago, Chile, where the biggest underground copper mine of the world is -------- because it was an American who discovered this land. Later it turned to chemical corporation, a big enterprise that you all know and it went well. We had a lot of connections with chemical until Mr. Allende took over in 1970 and apart from taking over the country he took this land away from and he did not pay a cent for it. Our present government have in a way given back to its owners. I would say a very large percent of the value of the shares, therefore I think that in that way I can show that this government, my government is trying to respect the rrorerty and Cle carital of other peoT'le and you belong to the United States have interest in other parts of the world. I must tell you also this after- noon that I am a man, I feel the municipal should because I've been a Mayor for a large number of years. three times first i•, a little town called Rancagua which is the eight town in my country site, then I was a congressman for and this government asked me to take over again in my old town. I did with pleasure and four months ago 7 was promoted to being Mayor of the Capitol of Chile. Santiago. I am very, very glad that Miami and Santiago are Sister Cities. I would very much like that all of the people that are here that some- Ifi �� i 4 0 15/6 day go to Chile and go sr.ecially to Santiago so you can see what we ere like. We are not like some i'eoi'le unfortunately say here in the United States. Santiago is a big city, as yoar Mayor said, it has 1 million (3,000 000 people). Its placed between the hills and seasites SO you can in some parts of the year you can ski and we can also play practically in the seashore at the same time. We have a most beaut— iful site of Its a clean city with people that have really a sense of hospitality, whenever there is somebody goes to Chile he is very. very received and in general I would say that we are very very proud of what Santiago is like. So. I feel. that Miami in a way might be more important than Santiago because of the way it is placed. People from all America who go to the states they pass through Miami sort of a natural channel, but recognizing the importance of Miami, I feel that our town is also very. very good. I must thank your Mayor .... regarding all present situations, because unfortunately here in the United States you're misguided regarding our present statute. It is very, very hard for us to overcome our communist regime. A communist regime, I tell you I lived it for 50 years. Its not at all good. As I mentioned last night at Mr. Manolo Reboso's house. The last months of Allende'e regime we had tear gas practically in all the streets. You go out and you could smell it you could feel it. We had ques. long gues in order to buy our foods. Nobody really knew if its factory:its house belong, I would say in terms of nothing respective so the great majority of the people was against that.they showed it in the last polls that we had, the last time the Chilan's were able to vote and fortunately our arm forces looked at those.... a lot of independence and very quietly and although they had never done it for over 160 years on .the llth of September, 1973. they decided that they had to act and thats why they're there and they're trying to make good. honest administration and that a number of civilians like me who think that we have to help and that is attitude that would save th0 clean people of Chile... Unfortunately, communism has a lot of influence in all the means of communication and what they say about us is not true but we have a lot of patience and I would say we have a lot of guts because we are sure that the truth in the long run will be known. And. just as 19th century a lot of people al-plaused what we did. I think the whole free world in a few months more will recognize the effort that we are making. 'Therefore. we ask you to believe us and if possible also to help us. We have one very important project that we export which is copper and when the price of copper is not up,I can only say this situation is not good. Copper is linked w;th the economical process of the United States. because when here the country's wealth it consumes a lot and when it utilizes copper and that way we export. Rally, we are linked with you economically. I would like this afternoon to suggest to your Mayor or any of the Commissioners to please attend a meeting that we have at the end of November in Montevideo, Uruguay. Montevideo is celebrating its 250th anniversary and it is an organization in America & Sfain that has to gather all the municipalities called . and at present I am the President of this organization and I trust just like in November we, had the visit of Manolo Reboso and other important people here from the states. We hope somebody will attend Montevideo on the 22nd of November, in other words, in a months time. In this aengress we will debate the way of defending old tradition. I was recently in Quito. 'cuador only three days ago and I could appreciate the effort they're making to conserve what was colonial. And, due to the --- time and interes' they were just changing the town and making the central part modern. which is an absurd, We had to live with tradition. We had to defend it, We have to love it. We also can discuss a way to r roduce cost and how we can produce more income to the municipalities. And, in these tournaments its not only the official matters that are discussed that are important. I think that most of all its the converabtion between the Mayors or the commission. We gained there a lot of experience I was in Washington talking with the Board of Directors, what you call the U,S. Conference of Mayors and let me tell you in each part you gain some experience that when you • •0. tom e back yu give it to your people. So, T trust that Mldmi will bt trmresented in Montevideo at the end of November. I want to finish these words thanking you once again for this "key" and.., store than that because Miami and Santiago are now Sister Cities, and We hope that its not just a symbolic dedlaration. I think that people from here can go to Chile, ther e are a lot of things that they can learn there. We can have a lot of communication. By of cultural aspects or sports. essential that we can do, we're been talking now at lunch time with Maurice and with Manolo but naturally when an election is so near. We will be here on 2nd of NoveMber, but most of the tine we talk about this very important act that we hadn't had a Chance to talk much of the future of Miami and Santiago. but I trust in the hours that I have left here i Miami we will do so. Thank you Very much for receiving me and 1 hoe very si-,cerely that Miami will go on being a very, very important city and I hope that my stay should also be a nation that we need that leads to a free world. Thank you very much. (applause applause) 1 have here just a small gift for the Mayor . Its a pleasant gift Mayor. Its what we call estribo, its used as saddle by the Chilan "guaso". the man that work a the land. So 1 hope you can take this to your home. Mayor Ferrr‘: Thank you very much. I might say Mr. Mayor. what I need more than a estribo here is a whip and a rein. (laughter). These are good for horse back riding ... Thank you yew much. OCT 2 8 1976 3ND 2. PLAQUES, PRESENTATIONS) CERTIFICATES O APPRECIATION ION A SPECIAL Y. Presentation of "Courtesy is Contagious Month" proclafhatitn to Mesh Salvador Frosceno, Hal Kaiser and Ben Baylick. Presentation of Scroll of Friendship to Yogi Amrit Desai. Presentation of Commendation to the Honorable Janice Revitz, former Municipal Judge of the City of Miami. Presentation of "Telephone Pioneer Day" Proclamation to Mr. Whitley Andrews and Mr. Phil Mathis. Presentation of "Miami Pioneer Week" Proclamation to Dr. Selma Peters. Presentation of "Bob Hope World of Comedy Day" proclamation to Mr. George White, WCKT-Channel 7, representing Mr. Bob Hope. Presentation of Bicentennial Certificate of Appreciation to Mr. James Mastin for donating to the City of Miami the lithographs which hang at the entrance of City Hall. Presentation of "Magic Week" Proclamation to Mr. Ron Koivu, Vice -President Internation Brotherhood of Magicians. Presentation of Distinguished Visitor Certificate to Hon. Jose Rogelio Arias,Jr., Director, Institute Panameno de Turismo. 33. MOTION OF INTENT - CHANGE DATES OF COMMISSION MEETINGS FOR THE MONTH OF DECEMBER, The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 76-984 A MOTION CHANGING THE DATES FOR THE CITY COMMISSION MEETINS FOR THE MONTH OF DECEMBER, 1976 TO DECEMBER 15 AND DECEMBER 16, 1976 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. 34. FIRST READING ORDINANCE - REPEALING CHAPTER 8 OF THE CITY CODE RELATING TO BICYCLES. Mayor Ferre: Mr. C.rassie, would you explain this to us? Mr. Grassie: Mr. Mayor it is in the nature of a housekeeping ordinance, or change, simply cleans up a portion of the code which the police department feels needs to be addressed. There maybe somebody from the department here to speak to it. Mr. Plummer: Ken Fox is here. But it is just unenforceable. They want to eliminate it, take it off the books. Mayor Ferre: What is it you are eliminating? Mr. Plummer:The registration of bicycles, i move it, Mayor Ferre: You are going to read it. It is an ordinance. City Attorney read the atditafiee Arid stated 11c, AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTIONS 8-7 THROUGH 8.-15 OF CHAPTER 8 OF THE CODE OF THE CITY OF MIAMt, FLORIDA, ENTITLED "BICYCLES" AND RELATING TO THE LICENSING OF BICYCLES Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title 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. 35, BRIEF DISCUSSION ITEMS: A) BIKE RESTRICTIONS; AND PARK. B) SENSORY GARDEN IN BICENTENNIAL Mayor Ferre: Now, on bicycles, Mr. Grassie. My children and I, once in a while get on bicycles on Sunday and we ride down Bayshore Drive over the bridge, and Du Pont Plaza, and when I get to beautiful, and wonderful Biscayne Park, it says no bicycles, dogs, I don't know what else. Mr. Grassie: We can take care of that Mayor. Mayor Ferre: I think it is silly. There is no reason why there is restriction,' for bicycles in the park. It is a great place for bicycles. Why not. Mrs. Gordon:Besides, if you get there by bike, you can't just leave your bike laying out where you might lose it. You have to keep it with you. When will the Sensory Park be finished Mr. Grassie? Mr. Grassie: As uduringCommissioner, of October. Wedifferent nowdates. lookinghad to the hopedhave it would have been done end of this year, December. Mrs. Gordon: Not before the end of the year? Mr. Grassie: I don't want to tell you two weeks and two weeks from now give you thesame kind contractors hasThings to take ontaken thelonger landscapingl,theiisted. You know slower that thethen the general original contractor, so it is, 36, EMERGENCY ORDINANCE: APPROPRIATING $3,000.00 OF FEDERAL REVENUE SHARING FUNDS. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE APPROPRIATING $3,000. OF FEDERAL REVENUE SHARING FUNDS PREVIOUSLY APPROPRIATED DURING THE FISCAL YEAR ENDING SEPTEMBER 30, 1976 FOR THE FOLLOWING AGENCIES THROUGH ORDINANCE NO. 8466, AS AMENDED: COCONUT GROVE FAMILY CLINIC, $500.; ST. ALBANS DAY CARE, $500.; EDISON LITTLE RIVER: PROJECT YOUTH, $700.; J.E.S.C.A - HOT MEAL, $500.; COCONUT GROVE AFTER SCHOOL HOUSE, $300.; ACTION COMMUNITY CENTER, $200.; REPEALING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND PROVIDING A SEVERABILITY CLAUSE Was introduced by Commissioner Gibson and seconded by Commissioner Gordon, 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; OCT 2 81976 �issioner Manolo Rebcsd iMt issioner J.L. Pluthmet COMMissioner (Rev.) Theodore Gib. 'Nice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: Note. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Gordon, adopted said ordinance by the fo11aW1tt vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: none SAID ORDINANCE WAS DESIGNATED ORDINANCE N048586, 37, AWARD BID - POLICE UNIFORMS ON A CONTRACT BASIS FOCI ONE YEAR PERID. Mayor Ferre: Is there somebody who wants to speak to this? Mr. Grassie: Yes, there is, Mr. Mayor. Mayor Ferre: Step forward and give your name and address and state purpose. Mr. George Norman: My name is George Norman, I am president of Lamar Uniforms, Miami, Florida. Prior to me beginning what I have to say, I would like to pass out some to each of you Commissioners. I would like to say it has been a very enlightening meeting,being here listening to all the peace and harmony upon the City Commission. I would like to refer earlier this morning to Commissioner Plummer's statement. If a rule is fair it should be applied to everyone. Now, Lamar Uniforms has been fortunate enough to have received the bid for the police department uniform for the past two years. We realize that this does not give us the right to receive the bid every year because we received it the last two years. We feel that each year is a new year. However the instructions to bidders that I handed out to all of you commissioners, I would like to call your attention to paragraph 3, which says, proposals must be submitted in duplicate on the attached proposal form, enclosed in a sealed envelope addressed to the City Manager and City Clerk of the City of Miami, 3500 Pan American Drive. The envelope must bear a label describing the nature of the bid as follows: proposal for furnishing department of police uniforms. Right next to that, underlined, and underlined in the bid, --proposals must be accompained by a finished sample of each item, each type of item bid. Our representative Mr. nt with our bid and with our samples and presented it to'the City Clerk at approximately 11 A.M. on the dot. The other bid that was submitted by Jules Brothers was entered, there was no samples submitted. Mr. my representative immediately complained to the City Clerk that the sample did not accompaly the bid. We have to assume first of all that,especially where it says 'proposals must be accompained by a finished sample of each type of item bid, this not is in paragraph 3, gentlemen, and Mrs. Gordon, but it is underlined, which leads us to believe it is a very important part of the instructions to the bidders. We complied with it.We then went into the City purchasing agent and registered a complaint verbally there. We were told that something would be done, somebody would look into the matter. That following night, I sent a letter to the City Purchasing Agent, to Chief Watkins, and to the City Manager which is attached to the papers I gave you entering our objections on the basis that the bid from Jules Brothers should have immediately been rejected. We strongly feel that in all fairness to all bidders starting on an equal basis, that if this proposal was marked and underlined that samples had to be submitted with the bid, we consider this an important part of bidding procedure and bidding instructions. We did comply with it. Jules Brothers did not comply with it. We were told his samples would be forthcoming, whether it be an hour later or a day later. There is nothing in the instructions to bidders stating that a bidder has a right to submit samples after he submits his bid. So therefore we feel this recommendation should be rejected by the City commission and that the entire bid should be rebid again, If the City Commission choses to do that. Lamar Uniforms which has the existing contract today would be happy to extend the 30 day extension until the new bid came out z. s OCT 2 81976 Wider the present contract prices. We have contacted ou% legal depatttet►t tin this flatter, we have contacted several other purchasing agents throughout the country and they all seem to concur that legally we are right and theteftte again we ask that this recommendation be thrown out. Mr. Plummer: Mr. Grassie what do you say to that? Mr. Grassie:Iwould like to have the purchasing Agent comment Commissioner. Mr. Arthur Mullins, Purchasing Agent: Honorable Mayor, Commissioners, Mrs. Gordon, at the time of the bid opening, we were advised by Jules Brothers that due to the fact there was only 15 days between the announcement of the bids invited and the opening date for bids, they did not have time to get the uniform samples in from their manufacturers and they had been assured thttheyerewinn the mail. I belive it was about an hour, or hour and a half, approximately, the samples did arrive. We considered this a minor technicality and particular in view of the fact that once the uniform sample boxes were opened by the police department, they learned that Lamar's samples were not complete, so they didn't submit a complete sample for each item bid either. Mr. Grassie: I think it is within the discretion of the purchasing agent to make a recommendation to the City Commission,.if we feel it is within the best interest of the City to proceed. The question really in front of you is whether or not what we are talking about is a material violation of any kind with regard to professional purchasing practice. I think you can make that evaluation on your own but in any event I think the purchasing agent should state to you with what he considers to be good practice, whether he feels that there is any significant violation of professional purchasing practices in this award. Mr. Mullins: I recommend that the bid submitted by the low bidder, Jules Brothers be accepted because to rebid at this time would do an injustice. Mr. Grassie: The question is whether or not these circumstances with regard samples constitute a serious breach, in your estimation, of proper purchasing procedures. Mr. Mullins: I do not sir. Specifications are a goal. Mr. Plummer: Was there a deadline on submitting proposals? Mr. Mullins: Right. Mr. Plummer: Did this other firm surrender their samples after deadline? Mr. Mullins: Yes. Mr. Plummer: I say throw it out. Unidentified person: May I say something? Mr. Plummer: No, sir you can't. I am talking. Mr. Mayor, there leaves that question, that will never be answered, that possibly, and I am not casting any fingers, that they could have waited until after the deadline to see what kind of samples were turned in and then they could have come in with samples A,B or C whichever they needed to win the bid. Mr. Mayor I think that is the kind of thing that is wrong, and either we are going to spend all this money for proper procedures and follow them or get rid of them. As far as I am concerned, there was deadline, this company did not meet the deadline, let's do it according to the book.That is one commissioner's thinking. Unidentified person: May I say something sir? Mayor Ferre: In a moment, I promise you will be recognized. Anybody who wants to speak will have that right. Mr. Frank Bronstein: My name is Frank Bronstein, aM president of Jules Brothers Uniforms. To begin wewith, receivedbelieve b d, until weMullins hadmentioned the this bid was timed, ---that submit the samples OCT 2 81976 Was approximately two weeks Which is an eictremeiy shoat period of ti It itiasmuth as the major items involved, the trousers and shirts, were special specifications, There were no shirts and trousers available without having to be made up specially as a sample. WE have the trousers made up company, and they rushed it through, and unfortunately the morning of the bid opening the mail had not come in, but it had come in in the afternoon at which time we submitted the samples. It was impossible or next to impossible on such short notice to get the samples in . Lamar on the other hand has had this bid for many many years, and for many, many years they actually got this particular bid by default since nobody, or hardly anybody ever tried to submit a bid. This last year, and this year we submitted bids. As far as samples were concerned, in spite of the fact that Lamar was in the position to submit a complete set of samples, I understand from Captain Woods that they themselves, although they had been supplying the city for many years with these items, and they certainly supplied it last year, and the specifications are identically the same, they failed to submit a complete set of samples. I understand three items were missing. In many instances I think you will find that samples are not even required on the barrellhead so to speak. Many times bids are put through and they don't even ask for samples. Oftentimes the samples are asked for after the bid opening. Ususally they give you 10 days to submit samples. Turning this bid down would be turning it down strictly on a technicality. I might mention one other thing. I think in all fairness, somebody said if you don't defend yourself, nobody 40%, else is going to do it for you. I submitted a bid for the fire department this year which again was the first time that I have done that and because of one item, I was led to believe there was, out of the entire order, there was about 100 pairs of trousers which involved a slightly different bottom of the trouser, a little bit of a flare. I was given to understand that it was not a particularly important item so I bid the trouser without the flare, plus all of the other multitude of different items. I was the low bidder and the other vender, Lamar, made a big fuss about it just like they are doing now on a techinicality. I understand that the fire department rather than getting involved in any legal proceedings, decided to throw it out and rebid it. I was considerably lower and it seems like, --I am going to say it, Idon't like to say it, --it seems like my competition, the Lamar Company took our prices, dropped it by 25c and 20t an item and therefore succeeded in coming into the low bid. I bid exactly the same amount the second time as I bid the first time since I felt this was a fair price to ask for the items. The samples I provided met speci- fications although they came in a few hours late. There was so little time for our r ` manufacturers to prepare these things, that it was next to impossible. I was surprised that we were able to get them even the same day, although a couple of hours later. We didn't get them in on time, but neither did Lamar get all their's in, and they certainly were in the position to get them in. Since half of the bids submitted in Dade and Broward counties, for city and county bids, half the time they don't ask for samples. So the sample itself it not the major thing. Whether or not you can produce the items according to specification frankly is the important thing. As a matter of fact, there are instances where bidders have submitted samples, and when the item was delivered, actually it didn't meet specification. So actual submitting of a sample does not always guarantee that the item that is going to be delivered will be exactly the same as the sample. Rev. Gibson: How much was the firemans total bid? Mr. Bronstein: In the neighborhood of 40 or 50 thousand dollars. Rev. Gibson: This is 135 thousand? Let me ask a couple of question. Time bothers me. If I had to make the decision, and I guess I have to, I am worried about the time. Sir, since you knew all the facts why didn't get all yours in on time? Mr. Norman: To begin with, you asked me a question, I'll give you a direct answer. As president of my company, I assume that every sample was put in our sample box. Later on it came to my attention we left out a raincoat, a pair of britches, and I think a white hat. Ninety-nine percent of the other samples were there. Like Commissioner Plummer said, that was an infraction. If Mr. Bronstein complained that he did not have enough time to get his samples together, he had all the right based on no deviation from these specifications will be permitted without each bidder first having received a written addendum issued by the office of the purchasing agent. I am sure, if he would have called, and explained to the purchasing agent, that he needed more time, could this bid be pushed back a week or two, which we had done on occasions like that, 99% of the time, permission is granted. So therefore cannot accept the fact that his samples were not there anymore than I can accept �.,J16 OCT 2 8197 tsot that thy company goofed oft 3 maples 'Maybe Ott of About SS or 40. The point is, this is not a minor infraction. I state that the etitite bid should be rabid again. This is my position sit. REv. Gibson: What is very interesting, you have beet doing business With the city for two years. Mt. Norman: Many more than that. Rev. Gibson: At lease two years? Mr. Norman: Yes. Rev. Gibson: You know what the items are. Mr. Norman: Definitely. Rev. Gibson: Now, this is my dilemma. Here is a man Who for the first time is bidding. His delay is not because he failed to bring in the items, but because, if you are dealing with Uncle Sams' mail these days, God help you. You know what I mean by that? Mr. Norman: I know what you mean by God help me. Rev. Gibson: --meaning if you get it on time, you could say the Lord was on your side. If you don't get it on time, you can question whether He was. All I am trying to say is, here in the very day, the purchasing agent says within an hour or two, the man produces the items, and I am concerned about what Plummer is saying. I was wondering if you were able to sneak it in, but I don't think, if he produced all items, that opportunity was there. Mr. Norman: Reverend I agree with everything you are saying, but I don't believe this is simply a case of the United States mail concerned at this particular time. I honestly believe that Jules Brothers knew what the City of Miami had been wearing for the last two years, they are in the uniform business, they had ample time to call the purchasing agent and say, gentlemen I cannot get the samples in on time, I require additional time, and I go back to fair play, what is good for the goose is good for the gander. REv. Gibson: Okay, let me deal with that. I didn't deal with that. I thought you were going to spare me. But since you didn't I want to deal with it. If I were the purchasing agent and he called and said, chnage that hour, you know what I would say if I were the purchasing agent, or don't you know? Let me eliminate all doubts in your mind, go to hell, ----either you live up to it, or go to hell. You know what I mean? Mr. Norman: Yes, sir. Rev. Gibson: Because at that point, suppose you see, if he had done that and you had yours in, you see what I am driving at? Mr. Norman: I agree with what you are driving at. Again I try to point out specifically, especially on this one page, the main item that is underlined, again, his proposals must be submitted with samples. Now if that was not the intent of the city, it should not have been in there, is should have been eliminated and I have to agree with Mr. Bronstein, --- Mt. Bronstein: I wish you didn't,---- Mr. Norman: --that the low bidder, within a period of 24, or 48 or 72 hours should have the right to produce his samples. The samples were not produced, we are merely stating and believe me, we have researched this, that this entire bid should be thrown out, and rebid again, and we are willing to go along with the city and hold the present contract price for any emergency purchases, for the next 30 days based on last year's prices. Rev. Gibson: So that when I vote I might know, -----I want our repsentative,---- didn't you say that it was a matter of about an hour or hour and a half before their samples came? 4. uliitat Mesa sire rev. Gibson: Sit, evidently yOu atett't heating what t at heating. Their Iles tatte within an hour and a half. Retteatber, he didn't say that about you. Mr. Norman: I have to go along with what Mr. Mullins told me, and I am sure What Mr. Mullins said is absolutely true, the samples arrived later. Again, I still refer on a legal point that the samples were not there. When samples are called for, this is not the proper way to ask for a bid, and not the proper way to receive a bid, and when you mention something in these papers here, it should be adhered to. These are proper bidding practices and again, all Iam asking for, is that the entire bid be rejected and rebid again. Mayor Ferre: This has gone on for a half hour now. I would like to ask the Manager to state his position. I want you all to listen carefully and then we are going to vote. Mr. Manager? Mr. Grassie: Yes, Mr. Mayor. Three things, one, I am concerned that our purchasing process is sloppier than it should be. I want you to know we have a staff person assigned fulltime to review this, in the person of Jack Eads, second, it is my intention that this kind of debate not take up your time, in my estimation waste your time in the future. Mayor Ferre: Good for you. Mr. Grassie: But this is going to be something we are going to work towards. And third, I think what you have in this specific bid, is simply a demonstration of some sloppiness on our part as well as on the part of the bidders. I do think it is unprofessional of the city to rebid items without changing the specifications, once everybody's price is out in the open. So in this particular case, recognizing that both bidders have made mistakes, and the city has not been as careful as it should be. I think it is in the public interest that we award this bid as it is recommended, and I think we have to be particularly carefully that we work towards improving this overall situation. Mayor Ferre: One last question. Mr. Plummer: Mr. Knox, it is deviated by the specifications issued by the city, can they legally do that? Mr. Knox: The general rule is that bids must conform to specifications. At the same time, there must be a balancing exercise in the sense that if the deviation from the instructions to bidders is not significant, there is in the code provided discretion on the part of the purchasing agent, on the part of the City Manager , and also discretion on the part of the City Commission to throw out all bids if they see fit. The balancing that must take place is, as the Manager has indicated bids have been revealed to the public and the commission make a determination whether or not the deviation from the precise instructions to bidders and specifications, is substantial enough to overcome the reality that the bids are not open, and could result in some unfairness in subsequent bids based upon the same specifications. Mr. Plummer: You read this,'no deviations from the specifications will be permitted' and you are saying that we can? Mr. Knox: I am saying it is a matter of discretion with respect to whether or not the deviaiton results in any unfairness to any bidder. Mayor Ferre: Your statement is quite clear. Rev. Gibson: In view of the fact there is no substantial deviation, going to move the lowest bidder receive that contract. Mr.. Reboso: I second it. Mayor Ferre:Further discussion? Mr. Plummer: Under discussion Mr. Mayor l and the reason I am voting against the motion, that the Cityof Miami, henceforth will put out any clearer language than is existing in this am going to vote against the motion, 1 think it blows a hole in any credibility in specifications. There couldn't be specification, and I have every reason OCT 2 8 19/c, t believe that everybody bidding from this day forth will not have any truth tan they abide by what the city says in specs because here is a classic eke pie of where this city is deviating from its own policy. Ithink the wording is very clear, that the commission reserves the right not to sit here and negotiate as to who is fair in a balancing act. The commission either throws them all out or not, and I think we are deviating from that policy, I think we are inviting problems for the future because we are not going to have any credibility by bidders when they look at City specs. Mayor Ferre: Do you have anything to add you have not said before. Mr. Bronstein: Just one word. There was not deviation as far as the specifications were concerned. The deviation was, as far as the instructions to the bidders, --the instructions for the bidders to get the bid in at a certain time, which we did. They asked for samples for a certain time,which we got in about an hour and a half later, but there are no deviations on the specifications itself. The specifications have been met 100%. The police department has checked it out, they have approved the specifications of the samples that we submitted. Mr. Plummer: I don't agree with that gentleman. Mrs. Gordon: Mr. Knox, it is legal for us to proceed to award this bid? Mr. Knox: Yes, ma'am in my opinion it is. Mr. Plummer: I say it is not. Mrs. Gordon: Mr. Grassie, you are recommending that we proceed? Mr. Grassie: Yes, under the circumstances I think it is in the city's best interest that we proceed. I don't think we have a better alternative. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-985 A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS UNIFORM INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD FOR THE DEPARTMENT OF POLICE AT THE PROPOSED COST OF $135,000; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS, AS NEEDED, FURTHER CONDITIONING SUCH ACCEPTANCE AND AUTHORIZATION UPON AVAILABILITY OF FUNDS THEREFOR IN THE 1976-77 ANNUAL APPROPRIATION ORDINANCE AS ADOPTED (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:Rev. Gibson, Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. 38. BRIEF DISCUSSION ITEM: BID AWARD ON AIR CONDITIONING MAINTENANCE: Mr. Plummer: Mr. Mayor I want to bring up another point while the purchasing agent is here. Mr. Mayor you trade the comment the other day that I made some very heavy comments in relation to an air-conditioning maintenance contract. Remember the other day when the maintenance contract came up for the police department air- conditioning? You are right, Mr. Mayor. I made some heavy comments. I want to tell you something else. I have got the set of specs Mr. Mayor and what that gentleman stood here and told you of the firm of Bared and Cobo,--I want to send each one of you a copy of the specs and let you read what they contained. They are damn heavy comments and those comments are very simple. You have to be a Carrier -factory -trained mechanic to bid. That is pretty heavy comments, and I am hoping the Manager, through his representative is going to look into the matter. I guess it is solely ironic that out of 16 bidders, 15 were Carrier -authorized agents. I am ready to back-up those statements because I have the specs. C-. �; Mayor Fette: I think the Managet has already answered that by saying that there were some sloppy procedures, and he has Mt, tads specifically assigned' as he said almost fulltime to straighten this out. I understand your cone ents. 1 respect them, and I think they are well taken. Is there anything else on this item? 39. PERSONAL APPEARANCE: AL DL ARCO, FLORIDA LEGISLATIVE WEEKEND) DECEMBER 2, 3 AND 4, 1976. Mayor Ferre: Let's take up item No. 32, Mr. Demarco. Is Mr. Demarco here? Item 31 is Courteny Siceloff, Civil Rights, issue a report. Mr. Plummer: I am going to invoke the rule. That isn't on my agenda. Mrs. Gordon:Mine either. Mr. Grassie: You have a corrected agenda, which was distributed this morning. Mr. Plummer: There is no such thing in the Charter as a corrected agenda. % What you supply 5 days prior complies with the Charter. I don't know what you are talking about. 31 here says personal appearance of Mr. George White, WCKT T.V. Channel 7. Mayor Ferre: Mr. Plummer, Mrs. Gordon, ladies and gentlemen. I understand and I beg your indulgence. I know nothing about this. This is the first time I have seen this, but Mr. Siceloff came all the way down from Jacksonville to make a brief presentation of the Miami and Dade County police departments civil rights report. I think we should extend the courtesy of listening to him. Mr. Plummer: I agree, but don't tell me it is on the agenda. Mayor Ferre: It is on the amended agenda. I am sure I speak forthe administration to apologizing that it happened that way. I hope it doesn't happen in the future. At this time we will listen to Mr.A1 Demarco. Mr. Al Demarco: Thank you Mayor and Commissioners. I would like to thank you all for the privilege of appearing before you to tell you about a most exciting week that is coming up in Dade County and the City of Miami that is important to all of us and that is the Bicentennial Legislative Week End coming up December 2nd 3,4 and 5 this year. WE are inviting the State officials from all over the State the Governor, the Cabinet, the Supreme court, the Public Service Commisisoner, all the House members, and the Senators, two U.S. Senators, 3 congressmen from South Dade, and also the Capitol press. They are coming down here as guests of Dade County, hosted by the Dade Delegation. We hope during their visit there we can deliver our message and create a better understanding with these legislators, and the Cabinet and guest that are coming down. The schedule of events that I have passed out, the Reverend has a copy there, 90% of the events scheduled for the 4 days are sponsored by the local community, the businessmen, the educators, the civic leaders in our area. What we are attempting to do is raise the funds to take care of the hotel bill and the two charter planes in flying them down and also the incidental expenses that will be about 50 to 60 thousand dollars. What we plan to do in the Miami Herald we are going to have a supplement on the day that they arrive. It will tell a little story about Dade County, Coral Cables, the City of Miami, N. Miami and much about our educational system down here and some of our problems in our highways that we have. The legislative week -end, it will be helpful to the Dade Delegation, particularly when we have local legislation in Tallahassee. I would like to remind you when we had legislative week -end here in 1967, and I gave the Mayor the copy of that book with about 300 pictures, 1 will have copies for all the commissioners, that when we had this week -end in 1967, the following year 4 people from Dade County, from our county, was elected State-wide. Never in the history of Florida did anyone get elected state-wide from Dade County so we fell the legislative week -end has something to do with it. You probably recall that Bob Shevin, Dick Stone, Joe Boyd and Tom O'malley were elected from this area. Mayor Ferre; Al what do you want us to do. I think it is a great idea, Mr, Demarco; The idea is we are hoping, like the City of Miami Beach who gave OCT 28197 us $54606. the !DA donated $540604 6hra1 0abiea gave us $35004 with the tharbet backing it up with another $1500. and under they ate going to get together with other merchants in the area and they are going to donate some stoney there. Mayor Ferre: What is Metropolitan Dade County doing? Mr. Demarco:Metropolitan is going to give much more than the city. We don't know the amount. That is what they are working on. It was endorsed by the entire commission last week. Mayor Ferre: How much to you want from us, Al? Mr. Demarco: We are hoping that the City will give us about $5,000.00 which will help us defray the expenses while they are down here. Mayor Ferre: I personally feel that the legislative week -end is extremely important for us in this community. We have a lot of legislative needs, we do spend a lot of our own money lobbying in Tallahassee, for bills. If we get these legislators here, I certainly hope that that beside helping, that we are included in the program that we would have the opportunity to present our legislative needs and I would recommend that we be specifically in the program to present those needs, and this commission will set priorities for the next legislature like we always do, and participate in that. I think it is an important opportunity when we have these legislators right here in the community and we can do a lot of good. Mr. Demarco: Mr. Mayor, one of the things we are doing is that the Latin community is having a function the very first night which is one of the highlights of the week -end. I understand there is one thousand that is going to be presented at this affair. Rev. Gibson: I concur. I feel that too often people who are up at Tallahassee, don't have any concept of what this community is all about. They think we are still a farming country and I would move you sir, if we can find $5,000. that that should be the amount. Mrs. Gordon: Mr. Grassie do you have any problems with finding that $5,000? I second the motion. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 76-986 A MOTION OF INTENT TO FUND "FLORIDA LEGISLATIVE WEEK -END" TO BE HELD IN THE GREATER MIAMI AREA ON DECEMBER 2, 3 and 4, 1976 IN THE AMOUNT OF $5,000. Upon being seconded by Commissioner Gordon, 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. Mr. Demarco: Thank you Mayor and Commissioners, and you all get the photo album. a copy of 40. PERSONAL APPEARAfJCE - KELVIN COOPER, REPRESENTING MAHI SHRINE, Mayor Ferre: At this time I would like to recognize Mr. Belvin Cooper who is a very distinguished member of this community, a man who over the years has a great public servant for many important causes. Mr, Cooper. Mr. Belvin Cooper: Thank you your honor. r w, CT 2 81475 • `errs: Vint of All 1 dm going Cooper: The whole congreation is doing wonderfully well. Dr. Conger lusted his 70th birthday. Mayor Ferre: You give him our very best and tell him we always think very highly of him. Mr. Cooper: Thank you very much Mr. Mayor. First I would like to state that 1 am the circus chairman for Mahi Shrime Temple and I want to thank the Commission for having passed the resolution granting us a permit to hold a circus at Flagler Dog Track on November 24 through December 5th. We have however encounted some difficulties by telephone calls from the licensing office of the City of Miami, Mr. Caplinger called our circus office this past Thursday, a week ago and stated that the Circus or the Mahi Temple would be required to pay a fee of $847.50 per day for each day of its 5 day run of its circus which would total some $4,237.50 and I hope this is not the 5 thousand you need Mr. Grassie for the legislative fwethe week -end, but in bubu first day of addition to that our mid -way would be required to pay $ operation and $126.50 per day for each of the succeeding 11 days. This would total some $5,629.00 for the entire run of Nahi circus. Our contract with Eddie who by the way is the human cannonball and wil ll bring e fhis is and hpere during our circus, calls for Mahi Temple to pay for Mayor Ferre: This is an occupational license. Is that what it amounts to? Mr. Knox? Mr. Knox: State statutes require that there shall be an occupational license tax imposed upon this kind of activity. Mayor Ferre: Anyway that can be waived? Or reduced? Mr. Knox: The question would bn cannonballs ise onagain, oneatprofitwould making,whether or not the circus, for example the huma proprietary enterprise. Mr. Cooper: The circus itself is, however we have contracted a specified amount. Mahi Temple is a non-profit organization. Idon't know how you would interpret this, but we did contract with Zecinni for a specified amount for his circus. Mr. Knox: The difficulty of that is, it is necessary for the best interest of the city that these kinds of fees not be waived. This is no disparagement of the Mahi Temple but at the same it may be establishing a precedent whereby some unscrupulous operators under the guise of a charitable operation would be able to make profits and have the fees waived, fees which we are entitled to. Mayor Ferre: Mr. Grassie do you want to add anything to that? Mr. Grassie: I agree with the statements of the CityAttorney Mr. Mayor in terms of setting basic precedent policy forththink ity. Ithink can establishpurpose a precedent in front of you is very commendable but I don't you based on that sort of consideration. Mrs. Gordon: I have a question. This is not the first year that the circus has taken place. What happened last year before and all the other years? Mr. Cooper: Mrs. Gordon in the 25 years to my knowledge, that Mahi Shrine Temple has been sponsoring a circus in the Miami area, this is the first time we have been requested to pay any license fee. We do pay an occupational license to the county. We have always paid that, but this is the first time we have ever been asked to pay any occupational license fee for the City of Miami. Mr. Plummer: I think I know how it came about. The people from the YMCA in Allapattah came screaming into my office on a Friday afternoon, and they were holding it Saturday and Sunday. They made the mistake of going to Mr. Ferencik for normal approval as they always do and he said now, that is only for my office. I am not talking for any other offices. They said what other offices are involved? He said I am not quite sure but there are licenses, and they made the mistake of going downtown to the license office, and said we are putting on a carnival and circus ----do we have to pay you anything? That opened up the big book and they found 1-1 OCT- 281975 teth ttg itt thete that said yes, se the people ease to ffie, Ltd said what Oatt wt do? We only made $1100. you are going to charge us $800. in takes, I said let's call the man and see if there is a way the commission can wiave it, because t have never heard of it before. We call the man from my office and he said rope, no way to waive it.They came in and let us know about it, and they are going to pay it. I said I hope that is going to hold true, that these people don't get the feeling they are being picked on. He said that is the way it is. That is where it probably came from. It is on the books. His excuse to me was they didn't have adequate personnel in their office downtown to read the agenda to find out who these people are and when a circus is going on, and all these sort of things. Mrs. Gordon: That just applies to circus or carnival? Mr. Plummer: No, carnivals. Mrs. Gordon: There are carnivals going on all the time, we are always waiving. Mr. Plummer: I think somebody told me the other day that this little fine was going to be worth $100,000. a year to the City. and this is one I was told we can't waive. Mr. Cooper: May I say, your honor, that Mahi Shrine Temple is possibly the only organization that brings a circus into the City of Miami. I believe all the other circuses are held in the county or outlying areas and we would like very much to have the opportunity to present circus to the city of Miami residents. In addition to our circus we have a performance on Saturday morning for our underprivileged children, and would certainly do your hearts good to go out and see some 10 thousand children, and this is the primary purpose of our circus. Mrs. Gordon: It is amazing because not only do the kids come to see the circus, but they also get some refreshments as I understand it, and these are the children that would never see a circus otherwise. Mr. Grassie have you any suggestions? Mr. Grassie: Yes, commissioner. Mrs. Gordon: I feel if we ever had a worthwhile purpose this is it. Mr. Grassie: I think two points need to be made commissioner. One, if you have a fee on the books, I think we have the obligation of collecting it. As the Attorney said we probably don't have the option of waiving it. The next question is, what should the fee be? In the case you have in front of you, from their letter I see that they say $847.00 per day. The problem may not be so much that there is a fee, but rather that the fee works out for whatever reason to be exorbitant. What I am saying is, that if we have a fee, we ought to collect it, but we also possibly should take a look at the nature of that fee to see whether it simply covers the cost of the inspection that we need to do or whether it is exorbitant as it works out in this case. I think that that is something that if you direct us to do, maybe just automatically, --- Mrs. Gordon: I want you to do whatever you can do to waive whatever amounts we legally can waive. Mr. Grassie: We have to see whether we can do it before Nov. 24. Mrs. Gordon: How do we proceed? We move the motion, that the Manager, get together with Mr. Cooper and or any other representatives of Mahi Shrine. Mr. Grassie: No we would prefer not to do it based on their representations. I think what we ought to do is look at the fee in terms of actual costs of the city and if it turns out that our fee structure is exorbitant, is out of line, we modify it and bring it back into line. We should not do strictly as an accomodati.on,-- Mrs, Gordon: We can't do it between now and then. Mr. Grassie: I can't promise you but we can certainly try, Mr, Cooper: May I make a statement Mr. Mayor? Flagler Dog Track does pay an annual license fee for their facilities. Our circus is performed within the confines ~ ie4 • OCT 2 8197 die do ki AM of the tog track. Not oh the outlying areabttt inswdeld eritigltrack, to t suc just wondering whether or not their feethey py a circus in the confines of their track? Mrs. Gordon: If we were a cosponsor, would we have to pay a fee to outselVeS? Mr. Plummer: Rose, liability, Mt. Grassie: Assuming commissioner, you could defend public cosponsorship was legitimate, if you decided that, some of the problems. I would question whether or not you that device. Mrs. Gordon: Only because I know that it is for a charitable purpose, and also because I know, of the thousands of young people who attend this circus as beneficiaries of the Mahi Shrine. Mr. Grassie: Again I would suggest that it resenbles the discussion we had this morning with regard to the waivingofthe fs. 1 think kave thatofor yours peace of mind and the reasonableness of your procedure on a legitimate basis, where you are confident that the decisions you take are consistent. Mayor Ferre: You know the will of the commission as I sense it, what do you recommend be done on this? Mr. Grassie: I assume that if we are collecting $847. a day for fees that that far exceeds the etccost of the erinspections we need to do structure should cover our e. Mrs. Gordon: I move you that the Mahi Shrine be charged only an basis. Mr. Grassie: What you are moving is we bring back to you a lee of recommendation which will cover our cost. Mayor Ferre: There is a second, call the roll. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 76-987 A MOTION INSTRUCTING THE CITY MANAGER OTOOHASSE ESS RI OONLY INTHEEICOSTS IN AS DETERMINED BY THE ADMINISTRATION CONNECTION WITH ITS CARNIVAL, TO BE HELD FROM NOVEMBER 24th THROUGH NOVEBMER 28, 1976 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 the proposition, -the that would get around would want to go throtigh these . Our fee at -cost,' NOES; None. NOTE; Mayor announced a five-minute recess. 41, MOTION AUTHORIZING COMMISSIONER J. L. PLUMMIER TO REPRESENT THE CITY OF MIAMI AND THE MAYOR IN A TRIP TO CALI, COLOMBIA (SISTER CITY Mr.. Plummer: Mr. Mayor just to bring to ynur attention, I discussed with you,(Mr. Grassie I want you to hear this) and with your permission and auth- I am endeavoring to leave the City on the 6th day of December, to go to Cliaion, g Cali Colombia to announce to that fine city the adoption of them as a Sistergsot that and hopefully Co assist them in the formation oacome forthinsummertim-sister cie as all of the p they will be in the process next year of OCT 2 8 1976 • groups do, to visit out bite city, atd hopefully there ill be a reoip vieit4 The following motion was introduced by Commissioner Gordon 'rho moved its adoption: MOTION NO. 76-988 A MOTION AUTHORIZING COMMISSIONER J.L. PLUMMER TO REPRESENT THE CITY OF MIAMI AND THE MAYOR, MAURICE A FERRE, AND TO TRAVEL TO CALI COLOMBIA, IN EARLY DECEMBER TO ADVISE THEM OF THEIR SISTER CITY STATUS Upon being seconded by Commissioner Gibson, the motion was passed ettd 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 42, REQUEST CITY MANAGER TO SUBMIT REPORT ON C,E,T,A, AND MANPOWER PROGRAMS, Mr. Plummer: Mr. Mayor I would like a breakdown to be furnished the Commission on the manpower C.E.T.A. program. I would like the hreando',rn, hopefully it is already available but what I am looking for is two areas. First the ethnic breakdown, and NO. 2. what all of the manpower people are doing, what their jobs are and their assignments. Mrs. Gordon: You also want to know which agencies are receiving, Mr. Plummer: Yes, if there are outside,----sure,----let me tell you that I have found out that in fact, I think it is excellent, in which they are putting some of these manpower people out into social programs, which saves us dollars and give service in kind. I think it is a great thing. Mrs. Gordon: I can tell you that I serve on the United family of Children Service and we are supplying them with either one or two, I don't recall, Mr. Grassie, what is it? Are we giving the United Family and Children's Service one or two C.E.T.A. positions? Mr. Grassie: I can't answer that question. . Mrs. Gordon: You don't know. I know that we are giving them, and that is a typical agency that is receiving benefits, and as I requested this morning, if there are positions available, the the March of Dimes receive a C.E.T.A. position. Mr. Plummer: Mr. Grassie, I would like to ask the question since we have this time. The commission established a policy maybe prior to your arrival. Mr. Mayor (I'll wait) because he was the very one that brought it up. That is why I want him to hear it. There was an ad that appeared this morning, in the Miami Herald asking for bids for Morningside Park for certain work to be done. I don't recall that this commission approved any work to be done. Now, one of the problems we had in the past, Vince you would recall this better than I, the park on Bayshore Drive about 20th Street, remember that park, is that Pace Park, Rose? Margaret Pace Park? If you remember they moved the bathrooms 3 different times. The Mayor at that time stated that before anything is done in the future, that plan should be brought forth to this commission before anything is done. I don't recall that being the case on this ad that appears in the morning paper. I bring to your attention another case, and that is the case of the park at 22nd Ave. and llth Street N.W. in which, with about 40 acres they saw fit to put the bathroom in the front and everything else in the back. The point I am making is, that it was my understanding that anytime in the future, that any capital improvements were going to be made, something would be brought forth to this commission for us to approve before even the specs or anything else went out. 43: DISCUSSION ITEM- CAPITAL IMPROVEMENT TO MORNINGSIDE PARK: Mr. Grimm: I am sorry. We mininterpreted that Commissioner, What we thought you meant that something be presented to you at the time of the award, as a consequence we made models. OCT 2 81976 Mt Mummer: Remember Maurine, you bhought out about the patt on 22nd Aietnie and N,U, lath Street, where the bathroom was put up front? Remetnbet the park on Bayshore Drive where the bathroom was Moved 3 times? It was my understanding at that time, before any future things were done, that if this cofrimission would be submitted, a drawing, they would approve it before anything would happen. I am questioning it didn't happen, unless you tell me we did vote on it. I don't think we did. Mr. Grimm: No, sir, what I've tried to say to you was that we misinterpreted what the commission wanted. Our approach to it was to bring it to you prior to its being awarded, so you could see, what Mayor Ferre: Let me refresh your memory as what the thinking at that time was. I think the most blatant example is that park on 22nd Avenue and llth Street. That is a beautiful piece of property and some basketball courts were designed, with some bathrooms and from a practical point of view, I guess it is practical.'From an esthetic point of view it is pretty ugly. And the thought Mr. Grassie, was that we are going to go spend money to improve property, that we ought to do it in an esthetically pleasing way. It isn't ,just enough to put up a basketball court with asphalt and wire fence around it, and some ugly outhouse -type of thing. That is what has happened. Some of us are pianists and others are drummers and others are fiddlers, ----we all do different things. I think it is important that if we go into labor neogtiations we have a labor negotiator. If we go into the design of parks that we have somebody esthetically atuned to the design of parks. It isn't enough to have an engineer, what I am trying to say, do an engineering drawing because in this day and age that just is not enough. I think the purpose of the statement of the past was, we ought to have either an architectural board or architectual sensitivity or something then, it ought to be brought because of that concern, and only because of that, perhaps bring it to the commission for approval on a design of an important part which is part of the City function. We do that when we go to outside architects. For example, I might remind you that we approved the design for the mini -park on Flagler Street. We also approved the design for the mini -park on 8th Street. We have approved the design for the improvements in Roberto Clementi park. But we have not approved some other of these park improvements and that is the point. Mr. Grassie: In terms of timing, I understand that you would like that approval to take place before we advertise for bids. Mr. Plummer: Sure. Mr. Grimm: To help the commission in that sense, Mr. Grassie and members of the commission, we have even gone to the extent of making models of everyone of the parks so that an overall plan as well as a model of the exact project we are building at the time can be viewed, and if you remember correctly, the first one we did this, was Alice Wainwright Park with the open shelters and I had the model, set up in the hall for you so you could see it and approve it. We will do that in the future. Mayor FErre: A modelof course is the best way to do it, but I personally don't feel that you need to go to that time and expense. I think a line drawing is sufficient, and then if the commission is not satisfied with the line drawing, then we could go to models. It doesn't have to be in any formal way, provided every commissioner has the opportunity to look at it before you move ahead. Mr. Plummer: I am not trying to put a stumbbling block in front of that ad which appeared today. I want that one to proceed. I think it is important, but I think it is also important that you get to us as quickly as possible some kind of drawing showing us what your intentions are. So that if anybody sitting up here has any violent disagreement with it, they can make it known as you can an addendum to the specs. It really don't mean anything. (That was sarcasm). 44. BRIEF DISCUSSION ITEMS: A) S ATION H N);I ING WEEK (COM- B) SECOND V FOR LOTIDA LEAGU€ OF CITIES (COMMISSIONER J. L. PLUNMERJ, Mrs, Gordon: I would like to let you know that in traveling to Tallahassee,' (be there tomorrow and Saturday) the Governor appointed me to represent Health Systems Agency on the state health coordinating council. Mayor Ferre: Wonderful. OCT 2 81976 Mtse Gordon: I will give you a report when I come hack of specifically that agency will be doing. Mayor Fet-re: That is good news Rose and I atn glad you were appointed and that the City of Miami was recognized through you. I coiigrAtulate you and thank you for taking the initiative to do this. Mr. Plummer: Let me put it in the record Mr. Mayor, and to thank you personally, Over this last week -end was a meeting of the Florida League of Cities, representing some 1300 cities throughout the State of Florida. Through your eloquent which you made and my nomination, I am now 2nd vice-president, and the very fortunate situation is that the president has to resign in June, he can only serve a half year so in June, if I don't goof -up I will be the 1st vice-president. Mayor Ferre: Which means that in another year and half, the able commissioner and our friend and colleague will be the president of the Florida League of cities and we look forward to that opportunity and occasion, which brings honor not only to himself and his family but to the City. I will tell you, every word I said at that meeting, I meant. I won't repeat it. I only say those things when you are not there. Mr. Plummer: That is why I ordered a tape. Mayor Ferre: I cut you up pretty bad, but that kind of balances it all off. J. L. on behalf of all of us, I want to congratulate you in a well deserved honor which I am sure you will bring honor to all of us. 45, PREPARED RESOLUTION: AUTHORIZING CITY MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT - INTERNATIONAL ASSOCIATION OF FIRE FIGH�E A.F. L.-C,1.O • : No, 587 (OcToBER 1, _woo- SEPTEMBER , ' :). Mayor Ferre: J.' L. Plummer moves the agreement between the City of Miami and the international association of firefighters, A.F.L. C.I.O, Local #587 as presented before us. A resolution has been drafted and it is now before you. Mr. Plummer: With a minor exception. Mayor Ferre: With the exception as noted, corrected, a grammatical error. Mr. Knox: Excuse me please your honor. Under discussion I would like to point out one small provision in the agreement, Sec. 28-1 which is on page 20. The third line down from the top indicates the parties further agree that the retirement system will be amended by ordinance to accomplish the following concept etc. The position of the law department is that the City Commission has no power to contract to legislate, in that it deminishes the Commission's power to independently legislate and the interpretation of that particular sentence is a manifestation of intention and not a promise which would be enforceable with respect to the passage of an ordinance. Mr. Plummer: Let me ask a question. Didn't your department have someone sitting with Milke through this negotiation? Mr. Knox: At the drafting stage, the City of Miami Law Department did not participate in actual drafting, or writing down of the agreement. As a matter of fact it was just delivered to the Law Department yesterday morning. Mr. Plummer: That bothers me. You are stating for the record that you have read this and with this one exception, you find it correct and content? Mr. Knox: With respect to the legality. Mr. Plummer: With this one exception noted, Mr. Knox: Yes, sir, and there are some things that can be administratively handled with respect to Civil Service rules and regulations, Mayor Ferre: As a matter of policy Mr. Manager, it seems to me, that we have a law department precisely write legal documents for the City of Mimai, and I really find it rather surprising that the law deparment was not present in the drafting but in the final writing of a legal document as important as this. Mr, Grassier The preparation of this kind of document, and I think possibly the City Attorney would agree, is in the nature of a trade skill, loNd OCT 2 81976 ayor Verret that is riot' the question, Mr: Grassie: The point t want to make Mt. Mayor is, that t think that you will find that the process that we follow in having a negotiated agreement initially drafted by the people who sit at the table and have to reach that agreement with the parties across the table from them is the only process which is going to avoid hundreds of disagreements in the future. Mayor Ferre: I understand. That is not my point. I think that once the document is agreed upon, it must be put into legal language, and I think it requires the expertise of a lawyer. I am not saying that he be an expert in labor relations, but I think he must be aware of the law, and go to the docuMetit' for legal inaccuracy. Mr. Grassie: No question about it. Mayor Ferre: If the question repeats itself, as to why the law department' only received a copy of this within the last 24 hours. Mr. Grassie: Keep in mind that the firefighters ratified it Tuesday night. The law department got it Wednesday morning, and you have it this morning. Mayor Ferre: I don't want to get into a discussion on the procedures, except that that is the point, that somewhere along the line, earlier than 24 hours before presentation for a final ratification and vote. It has been ratified by this commission, and therefore I think it must be in legal language that is acceptable to our legal officer who is City Attorney. Mr. Grassie: I didn't understand that he was saying that it was not acceptable. Mayor Ferre: I never said that he said that it was not acceptable. What I said is, he received it in 24 hours, and for a document of this impact on the city it seems to me that good operating procedure would require that the law department have access to it, and review it in thorough form. I question whether that can be done in one day. Mr. Plummer: What I am going to question now, Mr. Mayor, it is my understanding and I know for a fact, back when you were here before, and Mr. Alvarez of your office, in fact sat at all times with the negotiators. Now has that procedure changed? Mr. Knox: What tam talking about is, not the agreement as to terms but the legal terminology, that is used in the document itself. The law department did not have any input into the actual writing down of the terms and conditions which were agreed to, and as certain language, for example, as we pointed out in 28.1. Mere language, that could have been framed in a way that would have been more acceptable co the law department. The law department does not disagree with any of the terms and provisions, not as it disagrees with the legality of the document, but there could have been more favorable language, to represent some of these terms. Mrs. Gordon: Mr. Mayor I would like to say something. Mr. Charles Ha11:I think it is a normal situation where the parties sit down at the table, that those parties engaged in the collective bargaining process, are really the parties that draft the agreement. There is a number of court cases which recognize the fact in the interpretation of a labor agreements which the courts have over the years interpreted different from other types of legal agreements, recognizing that the drafters of the agreement may not have been attorneys, that they might have been techincians in the field of labor and this is I think fairly widely recognized procedure. That is exactly what we did. Mr. Plummer: Charlie the point I am trying to make, this city has now reached the pinnacle of paying a hundred thousand dollars a year for labor negotiations. I remember back two years ago when I fought to get a man on full time for 25 and we were told we couldn't do it because of the money, we are not up to 100 thousand dollars. We pay an awful lot of money for a legal department, and here this man is sitting telling us that the language could have been better. You know what that makes me feel like, I didn't get my money's worth. Mr, Hall: When he says better, maybe it could have been better in terms of the interest to the City which I think is exactly what he said. The problem is that we may have a different interest from the City and it is the compromise OCT 2 8 1976 8se two interests that result its a collective agteeteitt. Mayor Ferre: I realize that, but that nay be part of what is being slid, and with that I would agree with you, where I have concerts, and I think perhaps if I heard Commissioner Plummer state it right, I think what I at concerned about is that we do have lawyers and we do have a City Attorney. Part of his obligation is to make sure that an important document like this is a legal document, be in proper legal form, not as to context, but as to legal language. Mr. Knox, is there anything else you want to add to this? Mr. Knox: Just one thing. The point I was trying to make is, exactly the point that was made by the Mayor. It would not necessarily be within the realm of knowledge of labor negotiators who are technicians to note that it would illegal for example, for a municipality to contract to pass an ordinance, because that Violates their legislative prerogative. I am talking about these kinds of things, whereby an agreement by the city could be reached in order to accomplish the objective. Some input from the City attorney's office for example would have accomplished the objective without appearing to place the city commission in a compromising position. Mr. Hall: What Mr. Knox is saying, I am sure is quite true. Let me remind the commission that 28.1 is something that Mr. Gibson and I spoke about on different occasions and this has to do with widow benefits and etc. You may recall this came from the city. If you would like to strike it, we have no problem with it. We can strike it out of the contract. This thing has already been looked at by the City legal department and all we have done is insert it in the contract, realizing that a resolution would be passed to implement it. Mayor Ferre: Mr. Knox at this point do you feel might have objections sufficiently serious in nature that we should hold this up? Mr. KNox: No, sir. Mayor Ferre: In that case we will proceed with the vote. Commissioner Plummer moved and Mrs. Gordon seconded, further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-989 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1978, UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF (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 J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES; None. Mayor Ferre: IN the future, Mr. Grassie, and for you to Mr. Mielke, I think it is important that we use the services of our law department for such documents, Mr. Gene Naples: Excuse me, one point while you were throwing accolades about the City of Miami being represented in different places. I would like for the City to know that Mr. Dean Mielke was appointed to a committee that is made up of both management and labor that are studying chapter 447 which is the public employee relations act, representing management of course, and I serve on the same cOmnittee as the labor representative, Mrs. Gordon: Congratuiations to both of you, When was that being held? Elf OCT 2 81976 It. Naples: That is in hallahassee and gads started during Midsessidh last year but there ate going to be interitatneetings to study the effects of this oh public employees. Mayor Ferre: That is ample recognition I think of your outstanding qualities and that of Mr. Mielke and we ate proud of both of you, and congratulate you. Mr. Naples: I wasn't necessarily trying to draw attention to myself but Mr. Mielke has long been recognized as a professional. Mayor Ferre: If I can quote Mr. Mielke, if he will forgive me during our conversation, he stated those fellows in the fire department are real pros. Is that right? Mr. Charles Hall: Your honor, I would like to thank you and members o the commission for the affirmative vote. We appreciate it. Mayor Ferre: Thank you Mr. Hall. 46. PERSUVAL APPEARANCE: CC,OIUvR�NRI�HrIS�RE�PORT ON MIAMI AND UAbE COUNTY i POLICE DEPARTMENTS, 410 Mayor Ferre: At this time I would like to recognize Mr. Ted Nichols and Mr. Courtney Siceloff to make a presentation of their findings in the Civil Rights Committee of the State of Florida. Mr. Ted Nichols : Thank you very much. Mayor Ferre and Commissioner . Gordon, Commissioner Gibson, Commissioner Reboso, and Commissioner Plummer, the United States commission on civil rights was appointed following the 1957 Civil Rights Act. It is an independent agency which was created for the purpose of investigating complaints which might arise with respect to the protection of the Civil Rights of American citizens throughout the country. Under the authority, of that commission which sits in Washington, a bi-partisan group, the Florida Advisory committee to the commission was appointed and there are other similar committees through out the country. A few years ago, the Florida advisory committee, decided to look into the question of police community relations. We were just coming out of the 60's when there had been explosive situations throughout the country, including the City of Miami especially in 1968 and 1969. We have done a study in the City of Tampa which was published in 1972, a subsequent study was published in the city of Jacksonville in 1975 and we were in Miami as you will recall last June, 1975 at which time we had an open hearing in the federal building which became the substitute basis for this report which I would like to present today. This morning we had a press conference and at that conference among other things that we said, with respect to the city of Miami, and particular the Miami police department, was our feeling that the police chief is interested in making the kind of improvements which this report speaks to. He has not read the recommendation, he is familiar of course with the analysis, and we also commented on the fact that we have received good cooperation in terms of providing information and statistics etc. from both the police department and the city. At this time I would to distribute copies of this report. It is entitled "Policed by the white male minority",-- a study of police community relations, Miami and Dade county Florida. You will have an opportunity we hope in the next few days to review and study the report together with other departmental heads in the City and we would request Mr. Mayor that we be given an opportunity at a later date to meet with you and other members of the commission as you feel appropriate for the purpose of continuing on this report. Essentially the City of Miami, as you are more than aware, is composed of a Latin population of approximately 52%, black population of approximatley 23% and a significant representation of women, all three groups of which are very represented in a very small minority, within the Miami police department on the basis of comparative figures. So this is the general nature of the report. The members of the committee who are present with me today was Ms. Lilian Fernandez who is secretary to the State Committee. She unfortunately did have to leave before this presentation. Still with us is, Miss Mildred O'Connell, a member of the League of Women Voters, from Boca Raton, who is sitting here, We have the regional director for the office of U.S. Commission of Civil Rights in Atlanta, Bobby Doctor, and Mr. Courtney Siceloff who was responsible for a significant amount of investigative and•research work involved in pulling the facts together. We have no further comments at this time. We would be pleased as Z. OCT 2819'� d tated eatilet to meet with you aftd other tambats of the City family to fuss the progress on the tecdtteftdAtiestiS contained in this ttportA Thatk you very much, Mayor Ferre: Mr, Siceloff, would you like to add anything? All right, thank you Mr. Nichols. The title of this is called 'Policed by the white male minority,' Mt. Plummer: Do you have an extra copy for Mr. Grassie? Mayor Ferre: Yes, I have them right here. We will wait an opportunity to read this and then we would like to have you back and discuss. I know this has been a very thorough presentation of discussion, a lot of work has gone into this, and I know that you have done a great deal of work. That you covered the MIami Consent Decree, the Cohen Consent Decree, the whole analysis of entry of minorities into the City of Miami, the turmoil and problems that have ensued from that and you have come to some conclusions. I noticed in today's morning newspaper that a quotation was taken out of the reports which quotes, "There is an uneasy tension between minorities and police, blacks, Latins, women, reported being harassed and intimidated by police officers of both departments. I also notice that in that report, and I have had the privilege of reading this document before, at lease a preliminary document, since I did serve for part time on the committee before I resigned due to the pressures of being Mayor of Miami and I think that this is a very valuable contribution to the problems that we face. I also feel that it is a objective, carefully thought out written document which will be invaluable. I also would like to point out, and T don't mean this in a digparaging way, but I don't think there are any surprises in the conclusions of this document. These are pretty much the conclusions that this commission has been addressing itself to for at least 3 years and I know we are in the midst, (and you know), of legal battles with certain groups within the City, that we do have court actions. As a matter of fact next week, there is going to be another hearing before the federal court, and we are in the midst of trying to overcome, legally, very difficult problems that con- front the City of Miami. This addresses itself only to the police department. It does not address itself to the rest of the city, to a lesser or greater degree, the problem is an occuring problem, that plagues the city. It is difficult for you, for me or anybody to point specific fingers at how discrimination works. We can only see the end results. As J.L. Plummer likes to say, we can judge by the bottom line and the bottom line is, that the results show a continuing pattern of hiring white, Anglo-Saxon males and even though there has been an attempt, and in some cases, valiant, and honest and sincere attemp,----I for one, cannot in any way state, that we have made what I would qualify as real progress. I think we have made some progress. Certainly it is not dramatic, certainly is not at the level that this city commission and administration expected when the Cohen decree was entered into almost 3 years ago. We are past the half -way point of the Cohen Decree, and we are nowhere near achieving the goals that were accepted by the City and the administration in the Cohen Decree. Again I cannot point my finger at anybody. We have been through a lot of very difficult times in the past. They have not been easy for me. WE have had public hearings that were to a great sense not conclusive but they were part of the pattern. We had your hearings, we have had the Justice Department here and they all point to the same thing. And they all conclude pretty much the same thing. Our problem is not in defining the end result. Our problem is the implementation of corrective measures within the law, that will move us forward in a possitive direction. I am certain this document will be of great help in that sense. For you time, for your efforts, for your interest, the City of Miami thanks you. I would like to make one final statement on this document. WE always end up getting all the front page stories and all the publicity. I think the City of Miami has taken the leadership position, in the forefront and a very difficult task. On the other hand Metropolitan Dade County has been less forceful, less vociferious, less controversial and I am sorry the press is not present, --oh yes, we have the radio media, ---but I think the written press has been less than forceful in pointing out the problems of Metropolitan Dade County has had in our community. There perhaps may be because we have gone out of our way to point these problems out. I would certainly hope in the light of this report, and I would commend to my colleague, Steve Clark and to the members of the Metropolitan Commission and to the County Manager that will be coming on board next month, that they take this matter on as a matter of primary importance and move ahead a little more forcefully than they have, recognizing the problem publicly which I don't think they have done and secondly taken corrective measures. AS I said, I have read this document, and as bad as the problem is in Miami, I don't think it is anywhere near as bad as it is in the county, if you judge by the bottom line. OCT 2 8 1S76 ,-14A.yor Verret th recent tittles there have been very setious allegations of oe t#iigs in the Dade County jail. There was one case that related to a prisoner, Mti Oterio, who was here to be tried for bombings after he was tried in federal court in Jacksonville and acquited. I have gone on record on that. Within the following two weeks after that, there were two more cases that were in the front pages of the newspapers of prisoners in the Metro jail who were to alleged to have been beat. I think this is a very serious matter. It has not been sufficiently investigated or publicized in the press. It is certainly not something that falls within the jurisdiction of the City of Miami commission but certainly it falls within the human interest of the citizens of this community, of which we are. I would commend to you, that in your mandate, you can request further investigation on that, that you vigorously pursue that, if it is within the possibility of what you are doing. This seems to be a mounting pattern within our county jail. It is a very disheartening and discouraging thing. I certainly hope the allegations are not true, but the physical evidence in the case of a beating is something which is difficult to hide because a person has lacerations and bruises that I am sure were not self-inflicted. I think it is a matter of very grave concern, and I certainly would hope this community would pay serious attention to it and you perhaps might follow that. Mr. Nichols: Thank you Mr. Mayor. I think that a request directly from the Mayor certainly will be taken very seriously as would be from any citizen by the regional office. We have the director here with us and it would be my view, speaking or the advisory committee, that an effort would be made specifically with reference 46_o the jail situation that you refer to. I particularly want to express our appreciation for getting on the agenda at the last minute. We hope we didn't cause a Charter difficulty and certainly appreciate an opportunity to come hack and discuss further how we may assist in implementing this report. Thank you very much. Mayor Ferre: I would like at this time then to request the City Manager after he has had the opportunity to review this document, review it with our own police department, to give us a memorandum as to the contents and implications of the contents and his opinion and then schedule in the afternoon, so that we can review this with the members of the Florida advisory hoard, on civil rights and with the police depart- ment including the chief, whoever he would like to bring forward. It is not my intention to start another investigation as we did last year but certainly I think it is time now for us to review this matter. Over a year has past and perhaps it is time for us to have an overview of what progress we made and where we stand and what progress Cis being recommended. I would hope that sometime perhaps, either in late November or the December meeting we could dedicate some time to this matter. Thank you very much. OCT 2_8197; 47. PERSONAL APPEARANCE: cHARLES HUTTOE , UHAIRMAN OF THE CIVIL SERVIL.E bOARD, yor rerre: Mr. Huttoe, while you were on vacation several important tningS , Veiled in the City of MiaMi. Now you, of course o are aware of the actions taken by this City Commission and by myself. Let the at the outset repeat on the record what I told you in the form of a letter. My personal motivations in this are in no way personal. I have nothing but the highest regard for you and for YOUfamily. Your father was a distinguished public servant for many many years Who served this community as a member of the Police Department. Your brother has also served this community with great distinction. As a matter of fact, he was my appointment to be a judge in the city, the only judge that I ever appointed, and I did that because I know of his commitment and your whole family's commit., tent to the betterment of this community and to Miami. I have the very same feelings about you and I want to say that again on the record as I have in the past. I'd like to remind you that back when the Civil Service Board was appointed that we had some discussion and you tendered your resignation at that time. I do not have the record before me even though I do have it in my files, and I would like to paraphrase even though I'm not quoting exactly your statement at that time. You said, Mr. Mayor, if any time this commission is not satisfied With my actions you have my resignation any time you wish. I asked you at that time to reconsider and you and I discussed it and you did reconsider and you were appointed and accepted and you have been Chairman of the Civil Service Board since that time. Now I want to tell you that my problem, my concern is (1) a Matter of principle and not a matter of specific disapproval of you personally. Now there is nothing wrong with any person taking a vacation. You took a vacat- ion and we were aware of it and I have no objection to that at all, that's within your rights. During this period of time, if I can go back to refresh all our memories, Mir. Biel Reese which was 4 years ago commissioned and this commission approved a rather complete study of Civil Service procedure and came back with the recommendation for the implementation of what is now called the Booz-Allen Report and the portion dealing with what is called Human Resources. At that time there was some dicussion on the commission and there was no conclusion. You and I had a conversation after that. And you, as a matter of fact, stated on the record that you thought that the majority of the recommendations of the Human Resources recommendations of the Booz-Allen Report were not only commendable but - accurate but that you thought that those recommendations could be better imple- mented by the existing Civil Service Systen and that you would like sufficient time for the implementation of those recommendations which were good, some of them were and some of them weren't according to you and that you would discuss these matters with us and that those that were effective would be implemented. It is my opinion that during the two years that have expired those matters have not been fully implemented to my personal satisfaction. Now I don't know how anybody else feels on this commission. Secondly, I'd like to say that I am not satisfied with the progress that has been made in minority hiring for the City of Miami and I think it's very opportune that this report of the Civil Rights Commission of the State of Florida has come at this particular time which I think pretty well collaborates what I've been saying and what many other people have been saying. Thirdly, I would like to point out that it is my opinion that over the past year there has been a tendancy within the City of Miami for both the administration and the commission to lose gradually the control of the direc- tion the City of Miami has taken. In other words what I am saying is that the role of the City of Miami Commission is to legislate, that is to set policy; secondly that it is the role of the administration to administer the policy as set by this commission. It is my opinion gradually these powers have been eroded. In their place there is a gradual tendency for the thrust of who runs the city to go into the hands of the various collective bargaining units, union representat- ions or employee representations, Hut more importantly into the hands of Civil Service. Now the original purpose of Civil Service was to safeguard the integrity of the employees not being discriminated upon in an arbitrary fashion by any polit- ical figure or by the administration. It was a way in which employees would be guaranteed that progression through the city would be on a fair, equitable and just basis. It also was implemented for appropriate hiring practices so that the employees that were hired were hired because of qualifications. Now, with the advent of stronger unions which I am all in favor of and strongly support because I feel this is the best way to protect employees by collective bargaining and in the legislature as Mr. Hall knows when I served there I was very happy to have voted on every single occasion that came before me, and those were important cruc- ial days in collective bargaining, I voted for every single law that came before us, or bill that came before the legislature for collective bargaining. I believe in it, I think it is appropriate. When you have collective bargaining and you have strong union representation in municipal government like the City of Miami it begins to cut into the protective responsibility of Civil Service. For that reason throughout the United St4tee and dozens of American cities.there have been OCT 2819io gtacual changes brought about i.n the functions of Civil Service Boards. The Civil Service procedings a rid 'regulations as I perceive them remain valid today. I aftt for Civil Service: I ath not for changing the Charter the way it is written at the present time unless, of course, we get to the unavoidable impass that we cannot make any progress in any other way. I do, however, feel quite strongly that it is improper for Civil Service to be both administrator and act as an adiinistrative agency and also act as a judicial agency and pass judgement, sub sequently act as a jury, prosecutor all at the same time. So consequently I have come to the agreement that has been proposed by three Managers of this city = Mel Reese, Paul Andrews and now Mr. Joseph Grassie - that we move forward in the implementation of the positive recommendations of the Booz-Allen Human Resources Report. This commission has so voted. I do not feel that in any way that would weaken the Booz-Allen, I mean the Civii Service provisions of the Charter and I feel that the Manager has so stated on the record and so did the majority of this commission when they voted. Now during this whole proceding and on this vote the matter came to a head during the budget process. The Manager recommended certain recommendations on the funding of Human Resources and Civil Service. During these budget hearings memorandums were written by the Civil Service Board through the Chief Examiner with regards to 57 employees that were not covered by Civil Set, - vice. There was action taken by the board on a lawsuit which was entered and I would like to ask you during the period of time that you were absent which was 2 Months did you at any time by telephone call and discuss what was going on with Mr. Bob Faulk? Mr. Charles Huttoe: I'll answer yes, sir, but I think before I get into that I think I ought to start from the very beginning. Mayor Ferre: I will give you ample opportunity to do that, I just wanted to make sure on the record that you were aware of what was Mr. Huttoe: Well, I think it needs clarification Mayor Ferre: I will give you all the time to clarify, I just wanted to get on the record that you were aware of the things that were going on Mr. Huttoe: Mr. Mayor, it needs clarification. You asked me if I had been in telephone conversation with Mr. Faulk. Yes, I was during that period of time bUt I think it needs to be brought up in the proper perspective. Mayor Ferre: Let me then further ask you whether you were aware of that were being taken by the Civil Service Board. Mr. Huttoe: Mr. Mayor, that's asking me questions before I have an to bring you up to a current position on it. If I answer it flatly context. the actions explanation it's out of Mayor Ferre: I recognize that, I just wanted to get it on the record as I'm speaking and then I will recognize you. Mr. Huttoe: If you want to know did I know about the suit, I knew about the suit the Saturday before and I called my son, if you want an explanation of that par- ticular part of it, I called my son because I had arrangements that I would con- tact my son if Mr. Paulk or any emergencies came up for them to contact my son, I would be in contact with my son and I was in contact with my son on the Saturday before I returned home. 1 said I'm at this number, have Mr. Paulk call me. Mr. Paulk called me at that number, he informed me that they had removed from the bud- get - I already knew this for six months before that, I had discussed it with com- missioners and I told Mr. Faulk, "I can't help if they're removed it from the bud- get, I can't stop it, there is nothing I can do about it." He says, the board has voted to retain an attorney to see if they can do anything about it. I said, who have they hired? He says the law firm, I think it was Charlie Pappy. I says, who is going to pay for it? He says, I think the employees. I says, I'm on my way home now, I'll be at the next meeting. Mayor Ferre: Alright, sir, those are the two questions that I had of you. At this time I'll recognize you to make any statement you wish. Mr. Huttoe: Alright, sir, let's go back, Mr. Mayor, to the time that we've had discussions and we've had a lot and I've had them with the commissioners. You alluded to the fact that I offered my resignation to the commission, I certainly did. This was prior to my submitting my resignation one evening to the entire commission and you asked me to withdraw it. The Miami News came out with an edi— torial about the Civil Service Board as you recall as to their philosophy and their politics. I don't know where po14.tics enters into it but I think philosophy does. t- OCT 2 81976 l weiit to each individual commissioner and asked them if they had any doubt about any philosophies, if they did I would resign and every commissioner including your- self said, t have no doubts about your philosophy. I said, Ok, sir. A11 right? later in the discussions of the Boot -Allen Report I gave my resignation to you, sit, and you asked me to withdraw it and I so did. I said I was extending a courtesy to this commission that they have always extended to me and withdrew it. After that time I was reappointed to this board. Now you have alluded to things here which I agree with wholeheartedly. Now I don't think there is any member of this commission, I don't think there is any person in this city, county, state or United States, and I wish if they can to stand before me and say that I have done anything or I have not worked as hard as I could, and I will without trying to toot my own horn, I don't think there is anybody that has ever served in this city that has worked any harder to hire the ethnic groups into the employment of this city. We have tried everything we could, even when we were criticized, Mr. Mayor, by you and by others by attempts to make. One of them we tried to do was to hire like Metro had done where they took the top person, the middle person and the last person. In other words, everybody who took that exam we put on a register. We were trying to vali- date our own exams to see whether they were worth anything or not. Now, we did not want to do the same thing that Metro did knowing who we were going to be sel- ecting. I didn't want to be put in that position, • Neither did Mr. Faulk or the rest of the board. At that time Mr. Kouchalakos was Chief Examiner so they came up, I didn't agree with the system but I wasn't there when it occured; but that was the bean thing in the can. Now all we were trying to do was do a blind sel- ection there and we did not want the Police Department to know how these people came out on a register because if we gave Mayor Ferre: How long ago was that, Mr. Huttoe? .Mr. Huttoe: That was a couple of years ago. Mayor Ferre: Well, it was about three years ago. Mr. Huttoe: Sir, you were Mayor. Mayor Ferre: That was when I was Interim Mayor, as I recall. Mr. Huttoe: Well, I don't know, you were Mayor of the City. And anyway, we tried to get this done. We were trying a blind system but we did not want the Police Department to know how these people came out because we did not want to influence them by saying this man came out the last on the register. We wanted him to have a fair shot to show what he could do in that police academy. Do you recall? Mayor Ferre: Yes, sir. Mr. Huttoe: The newspapers made a big deal out of the bean situation. Nobody bothered to find out we were trying to do a blind situation here and not get our personalities involved. It was a failure, I have to admit. I came to you, I came to every commissioner on this and I said I don't know what to do, I'm at a loss, I need advice. I came to your office down in the Ferre Building and I said I think we're going to have to do something I don't like doing and that's go to hiring within the city. Commissioner Plummer objected to it but he says you're going to have to make the decision because you are the ones that have to be accountable for this. All right? We went to this - it has been unsuccessful. We have tried other things and missed. I have met with Mr. Faulk. I have met with members of this board and I will say this, that I don't think that any members of that board are prejudiced or biased. They were not. I appeared before this commission last year if you'll recall and I pointed out to you gentlemen that we had plenty of Latins, blacks and all on registers and didn't have any positions to hire them into. You know you are strapped with the same thing we are. You've got a report there that points out certain things over the years. Alright? But we're in fin- ancial straits too. Also, I appeared before this commission. Father, you recall I appeared before this commission and objected to knocking out of a number of sergeants out of the Police Department budget because I said you are narrowing the door for us to get minorities or ethnic groups up into our promotional system and the tighter we make that door the harder it is for us to do it. I appeared before this commission at a time when you, Father, Commissioner Reboso asked for four captains to be made - lientenants, I'm sorry; lieutenants to be made. I appeared before this and showed background. I showed background where it had been done before and done legally under Civil Service Rules and so quoted. I quoted it and stated the Eddie Rucker Case which brought it about for the ser- geants and the City Attorney at the time said you can't do it. But I pointed out where it had been done in the past. We were fortunate that we were able to get one Latin lieutenant passed but there was a black candidate that did not get promoted out of there but we were able to work before that list expired. Now OCT 281976 there ate a lot of things. Mt. Mayor, I can stand here and tell you things that's happened in this city and I'll be happy to come down here on this report and point 6ut things that've happened that wasn't the Civil Service Board action, and I'M hot defending the Civil Service Board. Father Gibson knows, and he and myself have had long discussions and long before he ever became a commissioner of this city about things that were done. When I went on this Civil Service Board he well knows that they paid black laborers 5 an hour less than whites. Right, Father? And you recall who carried on the fight to get that corrected didn't you? Mayor Ferre: Mr. Huttoe, I don't think there is any question about the many good things that you've done. Mr. Huttoe: Well, you were pointing out that the board hasn't. Mayor Ferre: I'm not questioning that you've done many many important, that you've cohtributed very significantly to the City of Miami. That's not the point. I have two basic questions of you. One is you told me two years ago that you were going to see the implementation of important segments of the Booz-Allen Report that it did not have to be done by the administration that the Civil Service Board would do it. II1 your opinion, has that been done? Mr. Huttoe: No, sir because Not all of it. May I answer? Mayor Ferre: Which ones have been done, which have not and why not? Mr, Huttoe: There's quite a few of them, sir. Let me just review back whicn I pointed out to this commission at the time that Booz-Allen made a report which irritated me quite a bit - not the report, it was the manner in which they pres- ented it. I sat down and discussed for hours with those people and pointed out the short comings of this city. I pointed them out. I showed them where we were weak and I told them where we were weak and asked them for ways and suggestions and to bring in people who could help us or advise us of what could be done to straighten this out. Now you talk about the Duman Resources, I am not opposed to certain aspects of the Human Resources and I have so stated. I am, and this com- mission is well aware because I've discussed it with them, certain oppositions I had but when I was informed that the commission did it I took the same position when Commissioner Plummer told me about it that he took. He voted against it. But he says this is the will of the commission majority, he says I accept it and I will see that it is carried out. I said if that is the commission majority's feeling and that's the way that it's going to be I told Father Gibson, he says, well will you meet with the Manager and so do it. I met with the Manager. Mr. Grassie can tell you I explained to him and I gave him in full detail my feelings and he gave me his feelings. We didn't agree on all points but I told him that Mr. Paulk would meet with him and people of his staff and they would cooperate in the carrying it out. If there wasn't cooperation, if there were differences of opinions then I would meet with him personally or his staff and we would see where it was and I'd go back to the board and I would try to resolve those things. If we couldn't come to a position of resolving them I'd appear before this com- mission and we'd let the commission resolve it. But I thought that we could re- solve these things, that I didn't expect him to agree with me 100% and I certainly probably would not. Mayor Ferre: Mr. Huttoe, the question is in the last two years what areas of the Booz-Allen Report have been implemented. Would you outline that to the commission and what areas have not and why? Mr. Huttoe: There have been, let me say this, Mr. Mayor, we have tried to carry out intent. We have not implemented it because those things to be implemented under the Booz-Allen Report were to be put under a Human Resources Department and I've discussed this with Mr. Parades. I discussed with him things that we were to do and the cooperation. Now you ask me, I can't implement the Booz-Allen Report without the Manager's assistance. Mayor Ferre: Charlie, that was not the statement that you made to me two years ago. You said do you have faith in me and I said yes. You said would you let me do it my way and I said yes, as long as you show results. You'll have results, I'm asking you two years later, have there been results? Mr. Huttoe; I'm going to have to be very honest, I'm going to have to go back and review some of this, Mr. Mayor. I can't flat footedly say because I don't think we've made that much in results Mayor Ferre; Charlie, that's the one thing that I like about you is that you are an honest man and I'll tell you you tell it like it is, r!; A, OCT 2 81976 Huttoet Well, I don't have to back off from anybody, I never have. May<t Ferret And I respect you for that and that's exactly, I'll tell you that's the one saving grace in my opinion at this point is that you tell it like it is and I commend you for your honesty in making that statement. The fact is that We have not progressed and now I ask you why not. Mr. Muttoe: You give me some difficult ones to handle, I'll tell you you're a good pitcher. Mr. Mayor, I'm not going to lay the fault on anybody else because tell assume all responsibility of anything that's done. Mayor Ferre: I accept that, you're one man out of a five man board. Mr. Huttoe: It's not the board and I'm not blaming anybody else but Mr. Paulk and myself and others, Miss Skubish and before Miss Skubish and others and I laid out certain things...Mr. Faulk and he has exerted efforts to do this and let's go into one area. That's getting the Manpower people into regularly budgeted positions. Boy, there has been some blood shed over that and some of it has been mine. Now that's one area that we've attacked and we have gotten people into those positions. We have gone into recruitment programs thanks to Mr. Naples and others who helped us in that. We've been involved in those things. That's one area. I hae directed Mr. Faulk to meet with Mr. Andrews when Mr. Andrews was here prior to Mr. Grassie. I haven't had the opportunity to work with Mr. Grassie other than to discuss our ideas - to carry out and to implement these things to ask. In fact, I even directed them to sit down and get people who are knowledgeable to get evaluations, employee evaluations which we are required under the Charter which we haven't carried out. Recruitment, and there are other things but again as I say, Mr. Mayor, I'm going to have to go back, I'm going to have to research my mind. I'm going to have to talk to Mr. Faulk, I have to find out what was done. As far as my actions on it I have set on this board and I can go back and review and there are things that we have moved on. It hasn't been that great and I'll admit it. Mayor Ferre: Charlie, you're the chairman of that darned board. You don't have to go back and talk to Bobby Paulk. Mr. Huttoe: I want to review in my mind, Mr. Mayor. I don't have to find out from him what he's done, I have to go back to the record in a lot of things. I can't keep up with everything... Mayor Ferre: I know, and I'm not trying to say that you've got to be a computer and rattle off all these things and I'm not asking you to do that. I'm asking you to tell this commission in broad outlines what has been implemented, what prog- ress do you consider has been made, what things have not been implemented and why not. Mr. Huttoe: I think we have made progress in the giving of examinations where the Fire Department was concerned and others to improve those examinations. What did we do? Mr. Mayor, we illegally hired two people - one Latin and one black to come in and help us design examinations for one thing. And I came before this board and so pointed out. I started with Mr. Reese while he was City Manager and it took me half way the term of another Manager to get it done. Now that's just and thing. You know I can sit here and things will start coming back to my mind, Mr. Mayor. But if you want to know things that I've done, I have met with commissioners and explained my problems. I've met with Father Gibson. But you want to.... Let's go into something else just for a minute. May I, and come back to this? You know a lot of people throw the monkey on our backs because it is easy to say Civil Service. I was down at the budget hearing the other day and I heard somebody say- ing, "Oh Civil Service set these salaries". Mr. Grassie is never going to let Civil Service set these salaries I'll assure you. That's his prerogative and his alone. And when we start telling him what they pay people he might ask for a recommendation but we're not going to set those salaries. But we've had the monkey thrown on our back. We made agreements with Mr. Reese. They had nine police officers. Father Gibson was down at these commission meetings time and time again raising sin. They had nine police officers that were hired as detect ives that were black. Mayor Ferre: Where did Plummer go? Mr. Huttoe: Anyway, Mr. Reese came before us, Mr. Reese came before the board and he says I'm going to give the right to the board that these people cannot be removed, demoted or their salaries reduced unless they have a hearing before this board. You have a man that's not retired that they didn't live up to that agreement on and he left when Mr. Reese was City Manager, an officer by the name of Gilford. And now I have been trying to carry that out and get that one corrected. Now.... r •p OCT 2 819%b tMAWABLE May Ferre (INAUDIBLE) Mr, Huttoe: I want to go ahead, if 1 might, to answer your questions, So,e of these things are starting to cote back into my mind, Mt, Geotge Acton Was having problems and it was a criticism of the board in the Boot,=Allen Report of these planners. I directed Mr. Paulk and Mr. Acton to get together and resolve it so that now he can hire planners to do specific jobs where they have their best qual.. ifications rather than hire some planner who may not even have those qualifications for the particular function that he's hiring them for. That's one meeting that we had to solve one of the criticisms. I met with, they were trying to hire two com- puter technicians (there's a computer series). We didn't have anybody in the city. Commissioner Plummer came to me and said the Manager thinks he's going to have opposition from the board. I said what opposition? So I asked Mr. Paulk to set up an appointment. I got with Mr. Andrews and we set it up and we solved those problems. You know there are a lot of problems that they'll criticize us for but they don't bring them to the attention of the board. Now there are other areas that we work with but I'll tell you this, Mr. Mayor, a lot of this movement into the Human Resources Department was waiting the creation of the department.... (Interrupted). ...to get it done but we did take over certain things as recruit- ment and so forth. Mayor Ferre: Charlie, would you and the majority of the people around here objected to. Mr. Huttoe: Wait a minute, now what? 0 11 Mayor Ferre: You objected the creating of the Human Resources... Mr. Huttoe: No, sir, respectfully I'm disagreeing. I did not object to the creat- ion of Human Resources. There were certain areas, I discussed this with commissioner Reboso and others...(INTERRUPTED) ... There were certain areas that I did not agree with but I did not object to the Human Resources Department. Mayor Ferre: Didn't you and I have a conversation two years ago almost two years ago in which when I said, Charlie, the Booz-Allen report is the sword of Domocles hanging over you, now you either get this done or we're going to move ahead and you said, Mayor, you don't have to create a Human Resource Department, all of these things can be achieved by the Civil Service Board if you give us the time to do it? Mr. Huttoe: I might have, MrMayor, I know I had a meeting with you at the Ferre Building and we discussed ilk Mayor Ferre: And you said that on the record here and I think we can go back and trace and get your exact words. Mr. Huttoe: That may be true. Mayor Ferre: Now that J. L. is back and he has a better memory than most of us, the problem occured and there was a conversation and I can almost remember Plummer's own words on this. It was in reference to the Cohen Case, Jessie Mc Creary was here, and the discussion came out as to who was going to implement and why it hadn't been done and what was the problem. And after three hours of arguing back and forth I came to the conclusion and I think J. L. and all of us came to the conclusion that we didn't know who was at fault because we had this confusion as to whether the Manager was responsible or Civil Service was responsible or the com- mission was responsible and the Cohen Decree specifically said that the Manager shall implement such and such. And Plummer said to Paul Andrews now it's your re- sponsibility and you're going to get it done and all of a sudden the City Attorney popped up and said wait a moment, there is a problem here because the Cohen Decree contradicts the Charter because the City Manager is not authorized to get these things done, it has to be done through Civil Service. Do you recall that conversat- ion? Mr. Huttoe: I remember it too, yes, sir. Mayor Ferre; Alright, now. And that was about three years ago, that was before Booz-Allen. That was the Cohen Case discussion on Cohen Case. Now my position simply is this: We've been through the Cohen Case, we've been through Booz,-Allen, we've been through the hearings in June of 75 of the Civil Rights Board of Florida, we've been through negotiations with the Justice Department. We've been through those five things and in your own words, and I concur and I commend you for the honesty of your statement that we have not made substantial progress. Now, here OCT 2 819/o e are back where we were three years ago on the Cohen Case saying well Yee Ci til Service couldn't do it because the Manager didn't do it because to didnit implement this. The Manager said, Paul Andrews' case not your date, well t can't do it because the Charter says Civil Service does it; "id where back and forth and through the good offices of the fire fighter after having spent almost, what was it $400,000 for Tricultural, money effort, everything we have really not made that much progress in the last three years. I don't know what the answer is but I am saying to y'du as the Chairman of the Civil Service Board that you made a specific commitment to me anyway and I think to this commission that a lot of these things would be implemented and I'm saying that they have not been implemented. So that is the first statement that I want to make to you specifically. The second thing that I want to ask of you is if you are ,the chairman of the Civil Service Board and if you were in communications by telephone with Mr. Paulk don't you feel that you have a fiduciary responsibility to set the tone and the pace of the Civil Service Board and to keep the Civil Service Board from committing major mistakes and going in directions that are not appropriate? Don't you feel you have a Moral responsibility to the commission and to the Civil Service Board as its Chairman? And if you were in communication with Mr. Paulk I want to know whether or not you said now look, as Chairman of the Civil Service Board I am requesting that you do this or you do that or that you give me the opportunity to discuss this or hold this lawsuit up or tell Pat Skubish to hold up that memorandum until I get there and I disagree or I agree. Now, in absence of the positive results and in view of the actions taken by the Civil Service Board albeit your absence do you or don't you assume a responsibility as Chairman for the direction of the Civil Service Board has taken in the recent couple of months? That's a question. Mrs. Gordon: Mr. Mayor, may I? I know you asked this of Mr. Huttoe but I just can't hardly stand without saying something. You're the Mayor, in effect you're the chairman. Can you tell me what to do? Mayor Ferre: No, ma'am, I cannot. But if this city were taking a major direction in a crucial item and if I were in contact with the City Manager and if I did not express my opinion in saying, Mr. Manager, even though I am not present I would like to inform you that I am in disagreement with the direction that the City of Miami Commission is taking and I would like on the record for you to so inform the commission and I will be there in three weeks or two weeks and I would like for them to hold up any action until that time and if they don't want to hold up action I want to go on the record as feeling this way. Mr. Huttoe: If you're asking me if I should assume all the responsibility no, sir. Mayor Ferre: No, sir, I didn't ask you that. Mr. Huttoe: I would have to say no. Mayor Ferre: Now Charlie, I didn't ask you that question. I asked you in view of the fact that you did talk to Mr. Paulk whether or not you feel that you had a moral responsibility to express your opinion. Mr. Huttoe: Yes, sir, and I was on my way home to express it at the next meeting because I was not aware that a suit had been filed. I was only aware they were discussing contacting a lawyer. Mayor Ferre: By that time, it was too late since they were moving quickly. Did Mr. Paulk not inform you? Mr. Huttoe: I asked Mr. Paulk if it was an emergency that I fly home and he says no, they have done this and I said I'm on my way home, I'll be at the next meeting. Now if you're asking me how I feel about the suit? Mayor Ferre: Yes, sir. Mr. Huttoe: I don't think I'd be fair to answer that and respectfully 00 Mayor. Mayor Ferre; Why not? Mr, Huttoe: Because now I4M answering a question after all how did I feel, 1 didn't t even hear the discussions or know of this is done who was debating here OCT 2819%b w ir mor or that. 1 don't know What I would have done. Let me say this, I've been tiNttaRUtTED) Wait a minute now, Mr. Mayor. I don't know. I contacted most of the time when these issues came before a board or anything like this, I contacted the legal department for legal opinions. Alright? Now, I also contacted othet people for legal opinions. Now I got legal opinions after I arrived home before the judge rendered his opinion and they were the same as the judges. So if t had have been here I might have. I'm not going to Monday-morning=quarterback those people. Mayor Ferre: If those things were coming up before the board of which you were the Chairman of and if you were informed that these discussions were coming, don't you think you should have exerted the moral responsibility of leadership that the chairmanship imposes upon you? Mr. Huttoe: I was headed home to be at the meeting that I thought this would be discussed. Mayor Ferre: This matter has been pending for the last three Weeks. Mr. Huttoe: They took action before I even talked to Mr. Faulk on the 57 employeed Mayor Ferre: They took action on the 57 employees? Mr. Huttoe: I did not even know about it. Mayor Ferre: You didn't. Well, let me ask you then, Mr. Huttoe, if it is not so that on the tapes of the Civil Service Board on the 20th day of June you yourself recommended and specifically made a point to state that there were employees that were working for the commissioners and the Mayor that were, in fact, illegally hired. Mr. Huttoe: Under an opinion given by Mr. Lloyd in February of 1974 and I had met, I had directed Mr. Faulk, Miss Skubish and myself, we met with Mr. Andrews and they had previously met with the City Attorney and Mr. Andrews. We had a common ground meeting, I expressed my position at that time to Mr. Andrews Mayor Ferre: I'm not talking about that. Mr. Huttoe: I expressed my opinion and I met with them and this was supposedly being worked out. Mr. Andrews was in agreement and we were going to work it out';, over a period of time. He said he was creating a department and that these things would be resolved and went from there. 41 Mayor Ferre: Isn't it a fact, Mr. Huttoe.... Mr. Huttoe: Yes, sir, I did say that there were people that were illegally hired according to the opinion given by Mr. Lloyd and by the discussions with Mr. Lloyd, yes, sir. Mayor Ferre: I'm not questioning the legality of it, I'm just saying that I find it hard to believe that you say this action was taken without your knowledge when on the 20th day of June you yourself were the one who initiated that action on the record of the Civil Service Board by so bringing the matter up. Mr. Huttoe: The matter was brought up prior to that when they had not even signed the payroll vouchers and I was asked whether or not they should sign them. I said I wouldn't sign them off of the letter written by Mr. Lloyd. Yes, sir, I pointed tat out but I did not know a letter was sent out because as far as I was concerned when I left this city it was a mutual agreement between the Manager and so forth to resolve this thing with the City Attorney and everybody to the best interest of the city and the people involved. Mayor Ferre; The point still remains that in my opinion you were fully aware since you so expressed yourself on the 20th of June. Mr. Huttoe: I was aware of that but I was not aware of the letter. Mayor Ferre: Well, but obviously the letter was the consequence of that statement made by the chairman on the 20th of Jupe. And therefore, I feel that it is very difficult for me to accept that you at this point you do.not take responsibility for an action which in my opinion your initiated. Mr. Huttoe; If you consider it initiating, but T did nqt. OCT 281976 Mayor Ferre: It'3 on the record. Mt. Hutton: I said that I said it. Mayor Ferre: I have no further questiohss Mt. Plummer: Let me ask a question. Mre Paulk, as 1 understand it this letter which was sent by Pat Skubish (get it on the record so a hundred year from nOW we can laugh about it) as I understand this letter which was sent by Miss Skubish is a letter that is not a board action, that it is an action by herself as the Chief Examiner. Is that correct? Mr. Faulk: That is correct, not as the Chief Examiner but as the secretary to the board. Mt. Plummer: In other words it was not a board action? Mr. Paulk: That is correct. Mt. Plummer: It was her own action. Mr. Paulk: That is correct. Mayor Ferre: Do you mean to tell me that she wrote it as secretary without the authority of the Civil Service Board? Mr. Faulk: The Charter provides that authority to the Secretary of the Board and that is what the Chief Examiner is. Mayor Ferre: Miss Skubish, would you step forward at this point. I need to ask you now, I have to ask you this question. ... Mr. Huttoe: Mr. Mayor, I'm involved and you're involving me with Miss Skubish and so forth, I think I ought to have some answers... Mayor Ferre: You certainly may have that right. I made a statement and it was very specific that you were the initiator of this by the statement that you made on the record on the 20th day of June. Mr. Huttoe: I tried to keep the board apprised of situations as well as I do this commission and I think every commissioner that sits on this commission, when I think that there are problems that should well be brought to their attention I have so done. Mayor Ferre: Did you take it upon yourself since you do have such good commun- ication with this commission, to inform this commission of the statement you made on the 20th clay of June at the Civil Service Board? Mr. Huttoe: I don't know whether I discussed this with all commissioners but I have discussed the problem and I brought it to the attention we were resolving it with Mr. Andrews. And I .... Mayor Ferre: Did you discuss it with any members of this commission? Mr. Huttoe: Yes, sir, but I don't recall who, when and how many but I have dis- cussed it. Yes, sir. Mayor Ferre: Who did you discuss it with? Mr. Huttoe: AS I say, I don't recall the circumstances of everything because Mayor Ferre: Well you didn't discuss it with me.... Mr. Huttoe: Oh, that brings something to mind, I'm sorry. Mayor Ferre: Mr. Plummer, was this matter discussed with you? Mr, Plummer: Yes. Mayor Ferre: It was. Mr. Huttoe: I want to bring something here, office with me present through Miss Petit on this matter with you, sir. I just recalled, her? And you were busy with the bankers and I have to. Mr. Paul) contacted your three or four occasions to discuss Mr, Paulk. Do you recall we contacted so forth with personal business and OCT 281976 She Said she would get back to us as Soon as those things and where we could meet het and that we have not. Mayor Ferre: Mr. Huttoe, on matters of this importance and urgency, and I accept the statement that perhaps I'm not always available by phone but I'll tell you one thing I always do, I always read all my mail and you could have written a note and I guarantee you it would have been read and it would have been answered: So the fact that you were unsuccessful in reaching me on three different occasions by phone doesn't necessarily mean that I was unavailable or inaccessible. Mr. Huttoe: I've just been informed, just reminded me because all this stuff, we sent a resolution to the City Commission two years ago on this matter. Mayor Ferre: You sent a resolution to the City Commission? Mr. Huttoe: I have just been informed by Mr. Paulk the board adopted a resolution and so sent it to the City Commission. Mayor Terre: Would you send me a copy of that resolution of two years ago? Mr. Plummer: CAn I continue? Mr. Grassie, the formation of the Human Resources Department... What is the date of the formation of the Human Resources Department? Mr. Grassie: I think we need to be a little more specific, commissioner of the legal date of the formation of that department is the effective date of the ordin- ance which you know better than I was some time in February of this year I believe. The effective date of the formation of that department will be when the budget for the City of Miami is adopted in its final form presumably on November llth. o Mr. Plummer: So then the answer has to be that at this time the Human Resources Department is not in fact created? Mr. Grassie: Legally yes, effectively no. Mr. Plummer: Is it true at this time that it is impossible for anybody to imple- ment a department which is not created? I'm asking questions in reverse, we seem to be documenting a record so I'm sorry I have to do it that way. Let inc ask it another way. Can Mr. Huttoe or anyone else implement a program that had not been established? Mr. Grassie: There is a difference between a program and a department, commissioner. If you are asking whether or not the intent of a report prepared by a consultant could be carried out by an e':isting organization of the city presumably the answer is yes but again that's something you should know better than I. If you are asking whether a department could be implemented before you have budgeted for it the answer as you know is no. Mr. Plummer: Ok. I have no more questions. Excuse me, I do have one other quest- ion. Well, I can't really ask it of either one of you. To my knowledge, and some one correct me if I'm wrong, to my knowledge the only implementation that was attempted of the Booz-Allen Report was that of Deputy City Managers which was turned down in a referendum. There has been one further implementation in reference to the Business Management Section which has come within the last 30 days but that within itself is subject to the Budget process. Am I correct in that? Is there any other implementation of Human Resources to your knowledge? There is no director yet. Mr. Grassie: No, again you're asking me something that you probably know better than I, commissioner. No, I'm not aware of any other... Mr. Plummer: Jose, you'd better, in two years you're an old-timer. Do you know of any segment of the Booz-Allen Report that has been attempted to be implemented? You do, Mr. Parades? Mr. Parades: Yes, two years ago we set up the Office of Community Affairs which was a significant report. Also this commission approved Peat, Marwick Mitchell which is... Mr. Plummer: Business Management, I just brought that up. Yes, 1 understand, those two areas. Mr, Parades: Those two areas. Mr, Kummer; The other area wag defeated r' ? OCT 2 81976 Mt, Patades: Well, and then there is another area of Management Information ithit the Building Department that also was implemented. PlUffiter: And since you've been around in reference to Human Resources, t1 Ur knowledge has there been any implementation of Human Resources? Mt, Parades: The passage of the ordinance, the tentative or the on -going adapts. ion of the budget this year. Mt, Plummer: But that was subject to appropriations through the budget procedure. Mr. Parades: Yes, Mt, Plummer: So, in fact, no one could do anything until the appropriations were made? Mt. Parades: Well, you're asking I think.,. Mr, Plummer: Joe► I'm not trying to over -jump you now, if you prefer him not to answer please say so and I'll accept that. Mr. Grassie: No, I would like for him to answer but I think that you're asking him the same question that I think I answered just a minute ago, commissioner. There is a difference between implementing the intent of an appropriation before it has taken place, obviously we can't do that. The other thing that you asked is whether or not, or you may have asked, is whether or not the intent of the Booz-Allen Report could have been implemented within an on -going organization and the answer to that has to be yes but those are two very different things. Mr. Plummer: When did this commission accept the Booz-Allen Report finally? Wasn't it this year, Joe? I don't think it has been that long. Bobby, do you know? Gene Naples, section 'J', 'K' and 'L', when was that? Mr. Naples: January 20th. Mr. Plummer: Of this year. Mr. Naples: Yes, sir. Mr. Plummer: Ok. And was that the given to the report? INAUDIBLE Mr. Plummer: Bobby? when this full implementation was to he Mr. Paulk: I don't think it indicated one way or the other, Commissioner Plummer. I think by the very passage of the ordinance the method of implementing it wasn't specified in the passage of the ordinance, I don't recall it. Mr. Plummer: Alright, here's what I'm trying to say. I'm trying to say that in my estimation and of a thing that has been running on for years and a running battle for years I find it quite difficult to charge responsibility to any segment or individual when you don't even have the appropriations to run a department. That's that point. The other point that the Mayor made very strongly, I don't think you can accuse an individual unless it be Pat Skubish, and let me take the name out (Your title is Chief Examiner?); that I don't think it can be a pointed responsi- bility as I understand it except with the Chief Examiner. The action taken by the Chief Examiner relating to the 57 employees was not a board action, it did not need board approval or sanction, it did not receive board approval or board sanct- ion, it was an action on as provided in the Charter to the Chief Examiner. Those are my two points and I quit. Mr. Huttoe: Mr. Mayor, I see that Mr. Parades is here and I'd like if he might take the mike over there because I would like to... Mr. Parades and myself over the past year, year and a half, I don't know how long it has been maybe he recalls or maybe he doesn't; but we've had numerous discussions on different fascets of this Booz-Allen Report, the implementation of it and we have discussed it. He has had my full cooperation and I've had his full cooperation. Is that not true, Mr. Parades? Mr. Parades; Yes, I think that the point that I have maintained is that through the Department of Human Resources or through the Booz-Allen Report the whole thrust has been one of accountability, the process in which you and I think the OCT 281976 •J point that We have disagreed has been the point that although the merit concept is a concept to maintain has been the concept of having a Chief Executive Officer accountable for the personnel process of an organization like the City of Miami, And basically the intent has been that. Mt. Huttoe: In other words what I'm saying, Mt. Parades, we have discussed this, I have come to you witn problems and you have cooperated and I have brought ptob- lems that I had and you have cooperated with the to help solve these problems. Is that not correct? Mr. Parades: Yes. Mayor Ferre: All right, are there further questions at this time? Rev. Gibson: Mr. Mayor, I want to make a statement, I don't want to ask questions. I find it difficult to understand how we could have Civil Service, a very very important agency, department or division of this city carrying on an act of life and death for this city with four members of the board acting in concert with or without the Executive Director, the Chief Examiner, the Chairman of the Board whom all parties who work for this city knew, understand, imagine, dream, slept over, preyed over, knew that we had great confidence in the leadership of the Chairman would proceed to do the kind or kinds of things that Civil Service did in the absence of the chairman. I want what you're going to tell me. He's only one per- son and you're going to tell me also that he doesn't speak for all of you. But it is also true that if you didn't want his leadership you wouldn't have elected him. Now my problem is I find it difficult as hell, and you pardon that language as a clergyman, to understand how a board will take such a significant move in the absence of the chairman. I want to say to all of you I love you, don't think I'm a fool. I'm a little smarter than that. Now I don't understand either, Mr. Mayor, if the board had any respect for the chairman out of deference to the chairman I find it hard to understand how the board would proceed as it did. Maybe we have to interpret as you implied or either said that the board thought that they pres- ented themselves to the people and got the people's approval. Now unfortunately, unfortunately for the board two members of the board presented themselves to the employees, three members of the board were selected by us. I can only talk about my bailiwick - I run a church and that ain't the way it goes. You all aren't fooling anybody. My brotheren, let me tell you something. When I was in college I had a professor who said 'Beware of the Athenians bearing wreaths'. I also learned in that one day I was in law school that you can't come in court with dirty hands. Now I'm not saying your hands are dirty, I'm saying that you know I understand. Now my brotheren, one of the best ways to destroy this city is to do some of the things that have happened and that you did within the last two, three, four, five weeks. I am not at all troubled by a couple of things I've heard. I want to say this for the benefit of some employee agencies that spoke that I didn't reply then but under a more favorable circumstance I want to reply now. I want to say this for some of the employee agencies. You know, not too many times the newspapers have agreed with us. A very interesting thing - not too many times - the interesting and significant thing is they now agree with us. They pointed out how you want your cake and want to, you know eat your cake and want to keep it. They're right. Some of the employees have told us things like this, Mr. Chairman you weren't here so I want you to know that this was said to us, well we're going to meet you at the ballot box, well we're going to meet you at the ballot box. I want to say this for the record. One of the employee groups that said that at the budget hearing made a statement like this: When you ran we supported you, two of you sitting up there. I thought you know I always gave the employees credit for being smart people and they are. Fortunately for Theodore I was not endorsed by the employee groups - by that group. I need everybody's vote. I'm announcing now I'm going to run for re-election. I want to tell you now Plummer raised the devil when they didn't endorse me. Do you remember that, Plummer? Gibson's your friend. Ok. I just hope, and from something I heard today. Let me tell you something. I believe,and I can afford to say this more than most people, this commission has been the most friendly and has done more for the employee than perhaps any other commission. Let me end with this. You could fool around here and vote to merge if you want to. See, Mr. Mayor, nobody else would say that but me. You could fool around and merge if you want to - you know you never had it so good in all your life. And let me tell you, all those kingdoms you now have, t'ain't no question about it - note how I said that - t'ain't no question about it, you ain't going to have that. And I just thought you know common sense ought to prevail; reasonableness ought to prevail. The things I used to do I don't do no more, The hands of the clock continues to move. THe wheels of justice grinds slowly but exceedingly fine. My brotheren, keep in mind this is the City of Miami, Keep in mind we are the elected officials. Keep in mind we have been your best friends. We have done more for the employees than any other commission you've had, You know,, Mr, Mayor, let me tell you why we've done more, We are on speaking r,r OCT 2819ia terms With yoti, Isn't that right, Plummer? We could meet you, we could hail Yoti` we shake your hands and if we go to lunch we could go to lunch together. YOU haven't had it that good before now. I just thought I'd better put all that 6r the table. And let the in, let me in. You know, something was said this thong, ihg that I hope you all caught, Mr. Mayor and my fellow commissioners. Joe Grassie is a professional. I'm going to say this again because r said this is hot private meeting we have. Joe Grassie is a professional. That $100,000 you Said we now have spent for those negotiators, those men are professionals. Never before in the history of the City of Miami, I want to say this for the Civil Ser vice and the rest of those people who are you know, never before in the history of the City of Miami have you had both - you may have had one but didn't have the other - both a professional who was a manager and a negotiating team that was professional. They came back my brother and they said about the firefighters that they were damned top-notch professionals. You see what I mean? They recog- hize, I hope you would be kind enough to recognize the other side too. In the trade that I'm in and the business I'm in, man when we find a professional we acknowledge that guy because at that time we know there t'ain't going be no shuck- ing and jiving. Either he is going to do it or he ain't going to do it and I thought I better put all that on the table. You know what that means. Send ye out of the meeting. Mayor Ferre: Are there any other questions or statements from members of the corn, - Mission at this time? Mr. Huttoe, I do have one last question that I do want to ask you. Under the Charter the Civil Service Board exists and it is to follow the policy as set by the City of Miami Commission. Is that correct? The policy, not the directives and specifics. Mr. Huttoe: I need explanation on that now. Mayor Ferre: Well, do you feel that the Civil Service Board can act in concert cntrary to the expressed will of this commission? Mr. Huttoe: Yes, sir. Mayor Ferre: You think it can act contrary? Mr. Huttoe: If you flat-footed say can the board be independent of the commission that's exactly what the Charter sets up, sir. Mayor Ferre: No. Mr. Huttoe: Now if you're asking me would I discuss and listen to the commission, certainly I will but the reason for the board is to keep the politics out. Mayor Ferre: No, sir, my question is this. Mr. Huttoe: Well, I want an explanation. Mayor Ferre: If the City of Miami Commission in its majority expresses a policy decision do you as a member and as the Chairman of the Civil Service Board feel obligated to follow the expressed will of this commission in a matter of policy affecting the City of Miami? Mr. Huttoe: If that policy is establishing the Human Resources yes, sir, I would follow it. If it is Mayor Ferre: No, I didn't qualify it. Mr. Huttoe: If it is trying to dictate my vote, no sir. Mayor Ferre: No, sir, I didn't say dictate your vote. I am saying, I repeat it and this is a general question not a specific question. Do you feel that as a member of the Civil Service Board and as its chairman that once the commission expresses the policy within the guidelines of the Charter.... Mr. Huttoe: Within the guidelines of the Charter, yes, sir. Mayor Ferre: All right. Now, .., Mr, Huttoe: May I answer that just for clarification? Mayor Ferre: Please, clarify it. Mr, Huttoe: That's also in the guidelines of the Charter exactly what direction that the Commission can give to the City Manager also, Su OCT 281976 9A!;��i�,#IlI�AA�!�I Mayor Pette: That's correct. Mr. Huttoe: And within that line yes, sir, I could do that: But the City thanager also can resist directions which are cohttafy to the Charter in the carrying out of his responsibilities. Mayor Ferre: That's correct, so can you. Now, once the City Attorney is asked for a legal opinion and rules that it is within the purview of the commission as outlined in the Charter that the City Commission can so express a policy and it is, therefore, declared legal and the City Commission expresses a position do you feel bound by that decision? Mr. Huttoe: If the City Attorney gives a legal opinion that the action is legal yes, sir, because I don't.intend to get sued by myself. I expect the city to defend me. Mayor Ferre: All right. So en lieu of that answer then let me ask you, and preface it by saying that with regards to the budget and with regards to the act., ion of the commission vis-a-vis Civil Service and Human Resources the City Attorney ruled that we were within our legal prerogatives and the City Commission then by a majority of three expressed its opinion and set the policy. You were absent. The Civil Service Board then retained an attorney and then went to court to enjoin temporarily and permanently from the city taking action. Now I ask you since you were not present do you concur with that action? Mr. Huttoe: If I had had the opinion that you say had been rendered here to me I would have answered just as I answered that I always, Mr. Alvarez is sitting here. He knows that I always sought legal opinion but one thing I required, Mr. Alvarez will bear me out on this - this is before Mr. Knox was here so I can't use him - I advised Mr. Lloyd that any opinions that came the same as if he rendered opinion here if it involved the board I wanted it in writing signed by him and I'd follow those legal opinions and I always did. Mayor Ferre: Mr. huttoe, in your conversations with Mr. Paulk and since you returned to the city a week and a few days ago before the lawsuit was entered, the lawsuit was entered about two weeks ago, were you aware of the lawsuit that was being entered? Mr. Huttoe: I wasn't aware of any lawsuit until he told me they were contacting a lawyer and I didn't know anything about it until I arrived in the city and read it in the paper. Mayor Ferre: Now you're telling me that when you discussed this matter with Mr. Paulk he did not at any time tell you that they had retained counsel and that a lawsuit was going to be entered. Mr. Huttoe: He told me they had voted 4 - 0 with Mr. Hadley being absent but being contacted by phone that they had voted 4 - 0 to seek counsel as to bringing a lawsuit. There was no indication by Mr. Paulk that the lawsuit had been filed. In fact, I'm not sure whether or not he knew it. I don't know what he knew. And I asked him who is the law firm and he told me Charlie Pappy. I know Charlie Pappy, I knew his father when he worked with the city. And I says who is going to pay for it. He said the city employees. Mayor Ferre: Did you at that time ask Mr. Paulk whether there had been any dis- cussion as to whether or not the city was legally entitled to do what they were doing before they entered into a lawsuit, before you the Civil Service Board entered into a lawsuit? Mr. Huttoe: If I asked him if they had contacted the City Attorney? Mayor Ferre; Or did they get a legal opinion, was there any discussion as to whether or not the city was acting legally on this. Mr. Huttoe: I had contacted the City Attorney prior to my leaving here, Mr. Weston the day before I left and I told him some of my objections to it and I asked him if there was any, and he says well you rest assured when we draw a resolution we inform the city as to the legality, Mayor Ferre: So in other words you were informed by Mr, Weston .., Mr. Huttoe: Prior to my leaving, I did not know about this resolution but I am talk- ing about a general situation, OCT 281976, Mayor Fc'.r ; and you:.T kno fled Mr. tiuttoe they chedk< Mayor ' to our City Mr. Hutt it this situation, almost $3, the cae, Mayor . Fer told you` Mr. Hutto:» I directed; involved i— to get in. things that things that; be met the r_eso Y_' ResourcE Mayor re-- , Mr. Hutt brought. resoiut Meeting. the con Mayor that t Mr. Hu Mayor.: vote fiat Mr.. Hut Mayor Fern+ tell Mr. Pa Mr. Huttoe.a_ Mayor Fear therefore, opinion of as rendere Mr. Huttoe.,:. say that b;ec4 is a respl4t The intcrMa it in th(.I of a laws.u.i out an attorT Mayor Fe.rre: Mr, llettop; ameetng., Mayor.. e'er', the qie St Civil since: s , in fact., legally proceding properly and It was discussed and it was to your resolution to this cofhttlissidh e ptbteding legally according Ven aware abbut. Let me put knew over six months ago this as going to be cut by some d the board members this was Ecirney the legality of it and he *t. it this way: I said it would. r"tment and thepeople that were eoTua ssioners and I asked him I said .I know that there are some and. so forth but there are some il. Service and employees have to ,r. Weston 1 was informed as to at going to set up the Human there were certain objections ere certain amendments to the s not present at that Commission Owing the resolution as drawn by that then you were informed resolution. h'Mr,. Paulk informed you that a. ou-then at that point... Chairman of the Civil Service Board Matter with the City Attorney? red this to be legal action and that c rd.was contrary not only to the expressed arytO the legal format under the Charter .Attorney. e a brilliant attorney? May I just e,.Mr. Mayor, what we are talking about Resources and the implementation of it. as ir: regards to the Manager's funding resolution. Now I was not informed y of the commission, says let's seek ut it. •: g and felt that we would have Lt'A altogether d fferent. °core now, let me ask you ik or to .any member of the expressed their will and rye past and since he had OCT 281976 said it was legal that they should not proceed in suing the city or even consider, ing suing the city? Mr. Huttoe: I was not aware, Mr. Mayor, as I'm trying to say, that the way it was presented to me when I talked to Mr, Paulk by long distance call that they had sought to seek legal counsel. All right? I'in on My way home. I asked Mr, Paulk, is it an emergency? I'll fly home. He said no, it is not an emergency, I said well, I'll be at the next meeting. I said we do have a scheduled reeting, He said yes. I said when is the next meeting of the commission? He said on the budget and it was going to be a week after I got back. Mayor Ferre: Mr. Huttoe, I return to my question to you, If Mr. Paulk told you that they were seeking legal counsel and they were going to see Mr. Pappy did you` ask him for what purpose were they seeking legal counsel? Mr. Huttoe: He told me. Mayor Ferre: So this was a clear cut matter, Mr. Huttoe: He told me they were going to seek it because they were left out of the budget and it involved the budget. He did not mention the resolution. I says I'm on my way home, Mr. Mayor. Mayor Ferre: But Charlie, if you then knew that they were seeking legal counsel on a matter of which the commission had expressed their opinion and it was declares' legal by the City Attorney then I ask you the question... Huttoe: He did not inform me of anything about the resolution which I discussed li.iith Mr. Weston. It was a budgetary matter, Mr. Mayor. Mayor Ferre: Why were they seeking counsel from Mr. Pappas? Mr. Huttoe: I can't answer that because I was not here and I did not hear any of the conversation and neither have I been informed of any of the conversation except what you related to me. Mayor Ferre: Charlie, when you and Bobby talked on the phone and he informed you that they were seeking legal counsel and you asked him for what purpose and he explained to you, did you express an opinion at that time? Mr. Huttoe: No, sir, I told him I was on my way home to be at the meeting. Mayor Ferre: I have no further questions. Huttoe: Let me ask one thing here Rev. Gibson: (INAUDIBLE) Mr. Huttoe: Wait a minute now, I don't know what you mean by me and Charlie. ... It was 4-0, what they told me. They told me they contacted him by phone. Mayor Ferre: Alright, Mr. Huttoe, now I ask you a question and this is the last question. I'm sorry but I just remembered that it hasn't been answered. With all that you now know and has discussed I ask your opinion as to whether or not you would have voted for the lawsuit that was entered by the Civil Service Board on a 3-1 vote? Mr. Huttoe: You know I could easily sit here and say no. That would be the easiest way to get out. Mayor Ferre: I don't expect for you to do that. Mr. Huttoe: I don't expect to do it either. Just like I informed the commissioners, it is a little difficult for me to come in after controversy has been developed and I've heard the court opinion and I've also talked to other lawyers and I know the City Attorney, I was not Mr. Knox I assume because I think he took office the next day. Is that correct? Anyway, so here I am well versed in all this and I can come in here and I can say no. But I don't know, Mr. Mayor, to be very honest with you and I don't think it would be fair for me to Monday -morning -quarterback anybody unless I had all the facts. And I know you well enough that you don't run from any thing and I don't think you would sit here without all the information and I don't think you would say to the press just for your benefit that you would do something. Mayor Ferre; I accept that, Now, in other words you're saying on the record that at no time did you tell M. Pate or anybody that this matter should be pursued in court? OCT 2 81976 Mr. Fitittoe : No, if , b+''��' : e wa= going to be here at the meeting to find out what was gong oai, Mayesf Pert in ctitsrt. r ; 1tttoe :;. Mayor `erre You 3 this tAttet s'iou: ion that this matter should be pttsu ersati nt took a petition that Mt. Huttoe: r didti,t visa i4 vith �t,at the time, neither did t agree with it, Mayor Ferrel ral and you didn't express your opinion? Mr. Huttoe:., asked hitn r..ig4 home, t'll;be Mayor Ferr Mrs. Gordon of thing, Mayor Ferrc the City of Mrs. Gordon:; Mayor Ferre. Mrs. Gordon If not, 1 have Mayor Fe who else: Mrs. Go Mayor F :Mr. Rebo Mrs. Gord hope we Mr. Gonzalez today becaia:re is that we all n that I'm not r~rualif it's legal pe.rimet this city must - year ago. And ak t this crossroad t .t we' make sure that itythat . eresr Mr, Nape u tonight has rfe Frankly, if I w group wher, you he's had with the apprehenaio„ think the big 0--.1 up through the: thin}: Mr. Gzassle: done by the liran as to what their. sure that he has ex< their intentions are,' arr to be something coming_ out the function of the Fitm4th thing corn ,s c.:. t I think yoW i... f44.4 have to be done : rod it;q_ on other than what Mr. Paulk, and I egency. He said no, I said I'm on my way coin the commission at this time? tere'going to go on with this sort y important matter for the future of cur and -we haven't gotten anywhere, w will we be through by 7:00 O'Clock. ..speak at this time and I don't knew ;:question. can.... s:going to speak? Alright, '.let' sty of'the decision that you are facing d,it involves policy. To me the question n:the'same direction and even though perhaps hat the Civil Service Board has acted within cking is a commitment to the direction that that I could have made the same statement a Hiss±on to bite the bullet so we can get through and find and take the necessary measures to and reflects that commitment to equal opportun- wants to follow. ,preceding, this trial of Mr. Huttoe here you and everyone else as it has been to me. ould have some other words to say to this and I don't think anybody can dispute the record 1 think what we're really faced with and what ar$ the board has been is where are we going. I lit this whole thing and the apprehension has built the board has been what arc we going to do. I :ra re some statement as to what was going to be tment as opposed to what the Civil Service Board under the program as booz-Allen - and I'm not nig well enoagh by this time to tell exactly what to t.r,,rr it earlier today. There is going s to what Mr. Parades and Mr. Grassie think ..Pe.par. tment should be. I think once that some. Where everybody knows where everybody is going :some cooperation in doing the things that ion One thing that I recall in the conversation, E it w OCT 2 8 Y976 "het it that T recall when Mt, Faulk came up here when there was a problem with .th§ thing and it might have been during the discussion on Human Resources where his budget had just been cut. His budget had been cut and he came before this bard and you took him to task for why certain things hadn't been done and he Wei -tied to you that the then City Manager had asked every department to cut their budget and he was reprimanded because he didn't come back to this commis lion and ask for that money back to get more people in there. So I think there have been some problems on both sides and I think that once we find out where we're really going everybody will feel a hell of a lot more comfortable about where we're at. Mayor Ferre: Alright, Gene, thank you. Charlie. I want to repeat again on the record that this whole matter as Rose said that's gone for an hour has been very distastefulf ro me and for all of us. I know that that may not be sufficient apol- ogy but I want to tell you that I do apologize on a personal basis. I am motivated only by what I think is a very crucial and difficult decision and it is a matter of principle. I certainly in no way mean to castigate you or to in any. way quest- ion your integrity because as I've said on the record I firmly believe that you are a man of honor and I admire you for the conviction and the honesty in which you answer and you stand up like a man and answer questions. For that I commend you. The whole matter that has been discussed here as Gene said, the Trial of Charlie Huttoe; it's not the Trial of Charlie Huttoe. It is that under, as I was reminded by Mrs. Gordon, under the Charter there is a way in which these matters must be heard and since we do live in government under the sunshine it cannot be done in any other form. The Chairman of the Civil Service Board has a very ser- ious responsibility. I think it is important to recognize that the will of this commission in setting policy matters must be adhered to and it is your responsi- bility as chairman not to follow the detail - we can't tell you what to do in any specific case, but when a policy is set by this commission the Civil Service Board must follow that policy. Now I would recommend to this commission so that we can avoid any further embarrassment or aggrevation this matter be continued and that we have the opportunity to read the minutes and discuss this and study it, more time and that we'll discuss this matter again in the future. Unless I'm overridden by the majority of this commission that's the way I will rule - this is not finished. Mrs. Gordon: May I understand more clearly what you mean by that, Mr. Mayor? Mayor Ferre: Well, what I mean by that, Mrs. Gordon, is that a lot of things have come out in this discussion which I for one need a little bit more time to think about and I would like to react to it. Mrs. Gordon: Regarding Mr. Huttoe or regarding the whole board or regarding Human Resources or what? Mayor Ferre: At this point we are in discussion with Mr. Huttoe and I would like to continue this at some future date after we've read the minutes, discuss this matter, thought about it in greater detail that I don't think this matter should be brought to a vote at this time. Mrs. Gordon: Well, I was going to offer a vote of confidence and I don't want to make you feel that I'm trying to step on you in any way shape or form because I'm not and I don't want to do it unless the commission feels this way as a whole. But I accept the explanation of being out of the state in an area of little com- munication and I feel that it would serve the benefit of the city as a whole if we brought this thing to a conclusion now in the manner I just described and if there were at any time any evidence that would be brought forth through anything and anyway that you felt this should be another subject for another day there's nothing precludes that. But I think that today's hearing was directed to his absence and his actions were explained, in my opinion satisfactorily. Mayor Ferre: That was not the main question, Mrs. Gordon in my opinion. Rev. Gibson: Mr. Mayor, let me say I have no problem with Mr. Huttoe. I have some problem with Mr. Huttoe being chairman of a board that has absolutely no re- gard for the policy that is set by this commission. That's my problem. And I con- cur with the Mayor. In my thinking would be that Mr. Huttoe is not on trial and that Mr. Huttoe, we're not holding him in abeyance but I'm concerned that we ought to continue investigating and exploring because the Civil Service Board needs to understand that the commission is charged by Charter with the responsibility to set the policy. Now either we're going to set the policy and they're going to carry it out or Mrs. Gordon: Yes, but Father, I wasn't addressing myself to the whole board I simply was directing myself to the reason why we called him before us today which 11011111911pm1IIIRIPIMPIRIMIO OCT 2 81976 was his absence am-1 his YOU don't want to then and We'll all go hofl'` [ Huttoe: Mr Mayor, maY i say tofnething? You know where the action is, to leave it all hanging all I'm going to be doing is sitting there as chairman of board with a cloud hanging over mlt head and no matter how withte or how between it out there's going to be implications that am runningail lease the any legs or this or that �rth�.mrtwmma�sian anythingandto do Tdon bhi.nksthat'smay fai.rpto leave Coi'hti►issi.c�n or a r�emoer o e in that position. tion. on is plausible. That's all I'm asking and if say good evening, it's five minutes to seven Mayor Ferret Charlie► there are Many things.., Mr. Huttoe: You can always bring charges against me. I think that ifiany Have Mayor Ferre: No, but 1 think the point is this. that fan things I have come out in this discussion that I don't know how anybody import- ant need to think a little bit "��r`? ��yui;,this. this discussionthere whichare are now public ant matt.:�r _ that �'a-4'`'- been brou�ht out Y to make a decision myself tonight. I want knowledge and " Od�ai.nl'y � ;"'1dt ready to think about this'sa little bit further. Mr. Huttoe: Mayor Ferre: I understand and 1 apologize for that aaain, c1 t inky isa so e of thing that i hopn '07e can bring to a head very quickly this discussion I n`'c"=d to 'do 'i 1�.��uret�ir.ectioneofuse I this cityandIawful notlot ready things that are involved in theit to make that decision, such an important decision at tlthis time. And to has really, ith again I repeat, nothing to do with you personally. this _ the principle of a, yert� r;�isort.11t�matter sect ytthe'rulef ofting the majoritytandgwhatever com- mission. Rut, of `"0l��� r '� will �Z � OU can put it t0 the commission wi:.h�: s `'<<> ' • If you will express your opineowill of the majority. a vote or :e it :,n! oa nut �,', don't care. I'll abide by ' ' ' Very ��'7i'� . If '� ou wanrtoorebring uestttilat this matteris, Rose wants to bemcontinuede et'lfer another vote of confidence 'and i wank q day. Mrs. Gordon: another day;' t r Gordon, 1 think I've made my position clear. What I said Mayor Ferre:ivo, Mr t this' s s ;uc= ' �ripc�rtaa�t °`d d it mThS.,I thistto matterl i greatertdetail with theread City tnG +:�1":a�'.�=- 'c,f this r``'"""�`zn5 and des le that are going to be affected by Attorney and with ''�.r . Grassie and all the people this and I don't want to come to such a difficult decision at this time. I don't want to he forced to a`votc;that I may regret at a future date and I just ask for further time to consider this, read the minutes and take my time in making a decis- ion as important a:s ttri S. But • t will abide by the will of the majority. So, let's go home and let's bring this to a head one way or the other. What is the will of this commission? Mrs. Gordon: I would like to accept Mr. Huttoe'sexplanation of not being avail- able as a plausible reason for his not attending the Mayor Ferre: That Mrs. Gordon: Well, that is what he was brought here for, to explain why he wasn't at the meetinu. Mayor Fexre: No, ma'am. If you want me to repeat all the statements I've made over the last hour I -a =' their in 15 or 20 minutes. I would rather not do that because I don't want to create any further embarrassment. Mrs. Gordon: Don't, no. 1 couldn't sit here anotherr hour. But I dasnon'tthonestlyd think that you prepaid me for, what: you were going for the kind of questioning that ycu directed and further than that Mayor Ferre: For that same reason I war.:. tic continue this. Mrs. Gordon: I think you. went far beyond what you indicated you were going to do. You wanted an exp1 flati.on why he was out of sttoe's explanation has to be carried forward to :s'not the question. OCT 281976 Mayor Ferre: Mrs. Gordon: Mayor Ferre: Mrs. Gordon: No, ma'am, Lnat was •��• Well, anyone have a letter anyone have that Resolution? Yes. Does anyone have the infdfation Mayor Ferre: The resolution,..• Mrs. Gordon: I would have brought my package going to begin to do. Mayor Ferre: I would like to remind you, not merely his absence. You read it into Mrs. Gordon: Alright, here. Do you want I'll read it because it's.... The last two paragraphs. • • Mayor Ferre: Mrs. ouWell,quyou know Charleson't HuttoeT,tChairman ofanything Civil Service Board, City "A Resolution requesting of Miami to appear before the City Commission October 28, 1976, at such time as is convenient to him and thereupon explain to the commission the reasons for his absence from the past four Civil Service BrduringMeetings the periodthe ofehisnabsenceshis .." failure to exercise leadership and directon Mayor Ferre: That's the point. Mrs. Gordon: "....during the period of his absences by his failure to advise the board in writing or by phone of his opinions and conclusions upon matters under ders- f the opportunity consideration by the board, thereby denying the board as well as the City to be guided by the expertise of Mr. Huttoe; and expressing the oe intent of the City CoServicenBoard request 0ctoberresignation the reasonsCharles offered by as a member of the Civil to justify the aforesaid Mr. Huttoe at that time are not considered adequate hi absences." Well, I maintain that I believe what hemosaidntainjustiIieddoiskaow bsenfes that because he was out of communication climbing the isn't justified - he wasn't available, he wasn't here; inothe riconvt ersation Ahhe hadd back, is it an emergency, y' he said yes, I am coming it wasn't that much of an emergency so he came back as quickly as possible to attend the next meeting. Now I accept that as an explanation according to this resolution. Mayor Ferre: Mrs. Gordon, you know just as well as I do that there are two parts of that resolution that you just read. And it is the etsecond portion of it which I am addressing myself to. May I haveitfora of material had t kt 8 h What you Mrs. Gordon, that the thrust of that was the record if you wish, the resolution. me to read the resolution as was written? Mrs. Gordon: Sure. Mayor Ferre: It is the portion that reads as follows, not the absence portion. Mrs. Gordon: Read the whole thing, Maurice. Mayor Ferre: I agree with the portion isfth�esences portionothatthe IpamtaddressingCivil myselfce Board meetings and the reasons. and direction during the "...reasons for his failure to exercie leadership phoney of periodrs of his absence by his failure to advise the board in writing ore board, thereby opinions and conclusions upon matters under consideration byetd be erebyd denying the board as well as the City Commission of the opportunity by the expertise of Mr. Huttoe; expressing explained intSectionof tle flthisormmesolution.,' and so on. That portion that further s that I feel that there are three or four major items that have been brought to light under discussion I personally need more a etime to you're reect. N obviously as fare astI'm concerned if you want to bring this thing do so. Mrs. Gordon: No, sir, I'm not a majority - I'm only 20% and if no one else speaks for it I certainly am not going to worsen the situation by making any sort of a motion or anything of that nature unless you want.... Mayor Ferre; l have r4.ed that... OCT 281976 pltmfltef: is the float open for a motion? MayOt Fevre: it certainly is+ Mr. Plummer: l hake a motion at this tit►e that Mrs. Gordon: The meeting is adjourned thehi Mayor Ferre: No, it is not because... INAUDIBLE Mayor Ferre: Wait a minute, it has to be voted upon:.YOU dot need a second. Alright, there is a second. There is no discussion on a motion to adjourn, cal1 the roll. Thereupon a motion to adjourn was introduced by Commissioner Plummer and seconded by Commissioner Gordon which was passed and adopted by the following vote AYES: Mr. Plummer, Mr. Reboso and Mrs. Gordon. NOES: Rev. Gibson and Mayor Fevre. Mayor Ferre: Now, Mr. Knox. Yes, the result was three yes and two no's so we stand adjourned. (INAUDIBLE) I would like to ask you legally where this leaves this matter since obviously there was no motion to conclude it, therefore, it is continued. Is that correct? Mr. Knox: Yes, sir, in my legal opinion that's correct. Mr. Plummer: Wait a minute, I take exception. (INAUDIBLE). Mr. Knox: It's my understanding that there was a resolution passed and requesting - Mr. Huttoe's presence today on October 28th. INAUDIBLE Mayor Ferre: No, sir, there was a resolution passed and voted on by three members of this commission that this matter be brought before this commission at this time and, therefore, since you.... INAUDIBLE Mayor Ferre: Since this matter was not resolved by a vote it is my opinion, and I asked for legal confirmation yes or no that since there has been a motion to adjourn and that was voted the matter was not concluded and, therefore, it is con- tinued. INAUDIBLI: Mayor Ferre: No, it isn't a matter of bringing it back because it has not legally been concluded. INAUDIBLE Mayor Ferre: There was an action taken by this commission on a 3 - 2 vote to come before this commission for the purposes as outlined in that motion for dismissal... INAUDIBLE Mayor Ferre: Do you have a copy of the motion since... Charlie, may I have that back? You know this type of argument I did not want to get into. The back part of this says: "...And expressing the intent of the City Commission to request the resignation of Mr. Charles Huttoe as a member of the Civil Service Board on October 28th if the reasons offered by Mr. Huttoe at that time are not considered adequate to justify the aforesaid absences." Now in my opinion since this matter was not voted upon one way or another this matter is continued since you made a motion to adjourn. Mrs. Gordon: No, sir, I disagree too. Mayor Ferre; Alright, Mr. City Attorney, you give us the legal opinion as to where we stand. Mr. Knox: It appears that the last sentence that the Mayor just read would indicate that some action would be contemplated to finalire this discussion. In other words IRPP 1nPWIIIRII!9 OCT 281976 • v • he cotltieeion would have to make a decision whether or not the information was satisfactory. Now if the meeting has been adjourned and that action has hot deh taken in my legal opinion that is continued U til soft adtioh i§ taken with tweet to it, Mayor Ferre: That's corrects Mr, Plufiuner: (INAUDIBLE) Mayor Ferre: Again I ask the City yes or no? Mr. Knox: Yes, Mayor Ferret All right, is there further discussion on this? Mrs. Gordon: Well how could we? We've adjourned, Mayor Ferre: We've adjourned but this matter on the record is cOhtihted, Mr. Plummer: (INAUDIBLE) Mrs. Gordon: I would agree with you, Mr. Attorney. :they foie a rU itigt is this Matter do ti tti Mayor Ferre: Under I would imagine Mason's or Robert's rules which we utilize a matter that is continued is not dead. It is a matter pending before this commis sion in the future at any time that the commission so wishes to bring it up. Is that correct, Mr. City Attorney? Mr. Knox: Yes, sir. INAUDIBLE Mrs. Gordon: AS a point of information, Mr. Knox.... Mr. Plummer: ... I just hope, Mr. Mayor, and I'm not directing this to you or to any member or even to myself, that we're not going to place this commission or the Civil Service Board in a posture that this thing is a dangling continuing ever-grow- ing cancer. I don't usually with my appointment to the Affirmative Action Board but the one thing he said tonight I couldn't agree more with - Let's get this damned thing over and let's start traveling. I voted against Human Resources but I'm going to tell you right here on this record I'm going to do everything in my power to make it a success because the majority of this commission rules and they have ruled that we are going to have it. Now we cannot in any way in my estimation proceed forward when we're going to have festering sores continuously coming up and that's why I moved to adjourn en lieu of anyone making a motion to the contrary. Mayor Ferre: The City Attorney has ruled that this matter is continued and that's the way it is. We stand adjourned. ADJOURNMENT: Theme being no 6uk.them business to come become the City Commission, on motion duty made and d econded, the meeting waa adjoukned at 7:11 4'Ctocfz P.M. ATTEST' Ra.Cph G. Ongie CITY CLERK Matty Nana L ASSISTANT CITY CLERK` Maum.Lce A. Femme MAYOR OCT 2 81976 CI :Y OF M'AMI DOCUMENT INDEX MEETING DATE: October 28, 1976 ITEM NO. DOCUMENT IDENTIFICATION COMMISSION ' RETRIEVAL ACTION CODE NO. 1 2 3 4 r. 6 7 8 9 10 11 12 COMMISSION AGENDA AND CITY CLERK REPORT AMENDING ORDINANCE NO. 6945 WAIVING THE FEE FOR THE USE OF WATSON ISLAND PARK ON NOVEMBER 5 AND 6, 1976, BY THE VINTAGE AUTOMOBILE CLUB OF MIAMI FOR THEIR 13TH ANNUAL ANTIQUE AUTO SHOW AND SWAP MEET AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ANTHONY ABRAHAM CHEVROLET COMPANY AND EDITH LARNER SMITH, WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OF $1,543.51 IN FULL AND COMPLETE SETTLEMENT OF A PROPERTY DAMAGE CLAIM AGAINST THE CITY or MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LINDA KATZMAN AND SHELDON KATZMAN, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,300.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WALTER LEE TURNER AND SARAH TURNER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $7,250.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DAMAGES AGAINST THE CITY OF MIAMI APPOINTING LUCILE MAXWELL TO SERVE AS A MEM- BER OF THE MIAMI MEMORIAL COMMITTEE APPOINTING MR. RAFAEL LEON TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. MICHAEL THE ARCHANGEL SCHOOL -CHURCH, FOR AMUSEMENT RIDES, AT 300 N.W. 28 AVENUE. AUTHORIZING THE ISSUANCE OF A PERMIT TO EDISON CENTER INTERNATIONAL MASONS AND EASTERN STAR FOR AMUSEMENT RIDES AT SHELL CITY PARKING LOT. AUTHORIZING THE ISSUANCE OF A PERMIT TO BORINQUEN LION'S CLUB FOR AMUSEMENT RIDES AT TIIE MIAMI STADIUM PARKING LOT ACCEPTING THE BID OF HAROLD G, JAFFER, INC. IN THE PROPOSED AMOUNT OF $156,500 FOR THE IRRIGATION SYSTEM COMPONENT OF THE OLD BAY - FRONT PARK DEVELOPMENT -PHASE I (ELECTRICAL AND IRRIGATION SYSTEMS) BID "A", R-76-964 R-76-965 R-76-966 R-76-967 R-76-968 R-76-969 R-76-970 R-76-971 R-76-972 R-76-973 0048 0049 76-964 76-965 76-966 76-967 76-968 76-969 76-970 76-971 76-972 76-973 IOW DOCUMENTI ND CON INUED —� ca:cuoox TEN NO. DOCUMENT IDENTIFICATION 13 14 15 16 17 18 19 20 21 22 23 ACCEPTING THE BID OF ASTOR-WRITE ELECTRIC, A DIVISION OF WHITE ELECTRICAL CONSTRUCTION COMPANY. ACCEPTING THE BID OF CENTRAL CONCRETE OF MEDLEY, INC. FOR FURNISHING READY -MIX CONCRET ACCEPTING THE BID OF O.S.B. CONSTRUCTION, INC IN THE PROPOSED AMOUNT OF $16,748.50 FOR THE CITY CEMETERY -IMPROVEMENTS. RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXTENDING THE CITY'S CONTRACT WITH ADVERTISING AND MARKETING ASSOCIATES FOR AN ADDITIONAL YEAR TO CONTINUE FURNISHING PUBLICITY SERVICES. PROVIDING FOR THE ACCEPTANCE BY THE CITY COM- MISSION OF TIIE PROTECTIVE SYSTEM PROVIDED BY WACKENIIUT PROTECTIVE SYSTEMS, INC. FOR THE MIAMI POLICE DEPARTMENT. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ARNOLD R. GUREVITZ, FOR HIS PROFESSIONAL SERVICES, AS PROJECT ANALYST, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED CONTRACT. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH O'LEARY-SHAFER AND ASSOCIATES, P.A. APPROVING THE RENEWAL OF THE ADVERTISING• AND PUBLICITY AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR A JOINT CITY AND COUNTY PUBLICITY AND ADVERTISING PROGRAM FOR THE 1976-77 FISCAL YEAR. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITII METROPOLITAN DADE COUNTY, THROUGH THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES PURSUANT TO THE CITY RESOLUTION NO. 75-234 ACCEPTING THE BID OF JULES BROTHERS UNIFORM INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD FOR TH DEPARTMENT OF POLICE AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL NO, 587 RETRIrat CODE NO 76-974 76-975 76-976 76-977 76-979 76-980 76-981 76-982 76-983 76-985 76-989